Income Tax Law & Practice-Lesson - 1 To 12

LESSON 1
BASIC CONCEPTS
STRUCTURE OF THE CHAPTER
1.1 Objectives
1.2 Basics
1.3 Meaning of tax planning, tax avoidance, tax evasion and tax management
1.4 Definitions
1.5 Charge of income tax
1.6 Basic principles of income tax
1.7 Computation of total income
1.8 Computation of tax
1.9 Tax rates, rebate, surcharge and cess for the assessment year 2018-19
1.10 Special rates of tax on certain incomes
1.11 Rounded off of income and tax
1.12 Miscellaneous provisions
1.13 Summary
1.1 Objectives
The objective of this chapter is to make the students familiar with some basic concepts of
taxation. After studying this chapter, students will be able to understand Finance Acts,
Income-tax Act, Income-tax Rules, Notifications, Circulars, etc. Further, students will
understand the concepts of tax planning, tax evasion, tax avoidance and tax management.
1.2 Basics
Income tax in India is paid on the income earned. The provisions of computation of income
are given in Income Tax Act, 1961. Rules to assist the provisions of the Act are given in
Income Tax Rules 1962. To make changes in the Act or Rules, CBDT (Central Board of
Direct Taxes) issues notifications time to time. Notifications are binding. Apart from
notifications, CBDT issues circulars also. Circulars are basically for providing information to
officers of Income Tax Department. Circulars are not compulsorily to be followed by people
but notifications are compulsorily to be followed by people. Different court rulings on
different provisions of the Act are also given by Income Tax Tribunals, High Courts and
Supreme Court. All relevant information related to Income Tax Act is available on the
following website of the Government of India:
www.incometaxindia.gov.in
In case of any clarification related to Income Tax Act, readers should always refer the
website:
www.incometaxindia.gov.in
1.3 Meaning of tax planning, tax avoidance, tax evasion and tax management
Some of the important concepts of taxation are tax planning, tax avoidance, tax evasion and
tax management which are explained below –
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Tax Planning
Tax planning can be defined as an arrangement of one’s financial and economic affairs by
taking complete legitimate benefit of all deductions, exemptions, allowances and rebates so
that tax liability reduces to minimum. The benefits arising from tax planning are substantial
particularly in the long run.
Tax Avoidance
Tax avoidance is reducing or negating tax liability in legally permissible ways and has legal
sanction. Tax avoidance is sound law and certainly not bad morality for anybody to so
arrange his affairs in such a way that the brunt of taxation is the minimum. This can be done
within the legal framework even by taking help of loopholes in the law. Tax avoidance is
intentional tax planning before the actual tax liability arises.
Tax Evasion
All methods by which tax liability is illegally avoided are termed as tax evasion. Tax evasion
may involve an untrue statement knowingly, submitting misleading documents, suppression
of facts, not maintaining proper accounts of income earned (if required under law), omission
of material facts on assessment. Tax evasion is intentional attempt to avoid payment of tax
after the liability to tax has arisen.
Tax Management
Tax management relates to past (i.e., assessment proceedings, rectification, revision, appeals
etc.), present (filing of return of income on time on the basis of updated records) and future
(corrective action).
1.4 Definitions
Section 2 of the Income-tax Act gives definitions. Some of the relevant definitions are given
below –
Income [Sec. 2(24)]

This term has not been defined in the Income-tax Act, except that it states as to what is
included in income. Under this section, income includes:
▪ profits and gains;
▪ dividend;
▪ the value of any perquisite or profits in lieu of salary taxable under the head 'salaries';
▪ any special allowance or benefit, other than granted to the assessee to meet his
expenses;
▪ any allowance granted to the assessee either to meet his personal expenses, e.g., City
Compensatory Allowance;
▪ the value of any benefit or perquisite;
▪ any sum paid by any such company in respect of any obligation;
▪ any profits on sale of import license;
▪ cash assistance received or receivable under exports;
▪ any refundable custom duty or excise the value of any benefit or perquisite arising
from business or exercise of profession;
▪ any capital gains.
Person [Sec. 2(31)]

The term “person” includes:
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▪ an individual;
▪ a Hindu undivided family;
▪ a firm;
▪ a company;
▪ an association of persons or a body of individuals, whether incorporated or not;
▪ a local authority; and
▪ every artificial juridical person not falling within any of the preceding categories e.g.,
University of Delhi.
Assessee [Sec. 2(7)]

An assessee means a person:
▪ who is liable to pay any tax; or
▪ who is liable to pay any other sum of money under this Act (e.g., interest, penalty,
etc.); or
▪ in respect of whom any proceeding under this Act has been taken for the assessment
of his income; or
▪ in respect of whom any proceeding under this Act has been taken for the amount of
refund due to him or to such other person; or
▪ who is deemed to be an assessee under any provision of this Act; or
▪ who is deemed to be an assessee in default under any provision of this Act.
Casual Income
Any receipt which is of a casual and non-recurring nature is casual income. It is an income
the receipt of which is accidental and without a stipulation. It is in nature of an unexpected
windfall.
Examples of casual income:
1. Winnings form lottery, crossword puzzles, card games and other games of any sort or
form, gambling or betting of any form or nature;
2. Receipts even from habitual betting are non-recurring receipts and assessable as
casual income.
3. Prize awarded for coin collection or stamp collection may be a casual income. This
income is due to hobby.
Casual income does not include:

▪ Capital gains;
▪ Receipts arising from business or the exercise of a profession or occupation;
▪ Receipts by way of addition to remuneration of an employee;
▪ Voluntary payment received in exercise of an occupation, e.g., tips given in the
ordinary way to taxi-drivers.
Note –
- Expenses are not deductible from casual incomes.
- Set-off of losses is not permitted against casual income.
Previous Year [Sec. 3]

Previous year is not defined under section 2 of the Income-tax Act. It is defined separately
under section 3 of the Income-tax Act. Previous year means the financial year immediately
preceding the assessment year. In simple words, it can be said that the year in which income
is earned is known as previous year and the next year in which this income is taxable is
known as assessment year. It will be the uniform previous year for all the assessees and for
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all sources of income. For newly set-up business or profession first previous year may be of
less than 12 months.
Exceptions to the general rule (i.e., when income of previous year is not taxable in the
immediately following assessment year):
The rule says the income of previous year is assessable as the income of the immediately
following assessment year or in other words, it can be said that income of previous year is
chargeable to tax in the next following assessment year.
The above rule, however, has certain exceptions which are given below:
1. Income of non-resident from shipping:
Conditions to be satisfied:
▪ The assessee is a non-resident who owns a ship or ship is chartered by a non-
resident.
▪ The ship carries passengers, livestock, mail or goods shipped at a port in India.
▪ The non-resident may (or may not) have an agent/ representative in India.
2. Income of persons leaving India either permanently or for a long period of time;
3. Income of association of persons or a body of individuals or artificial juridical persons
formed for short duration;
4. Income of a person trying to alienate his assets with a view to avoiding payment of
tax; and
5. Income of a discontinued business.
In these cases, income of a previous year may be taxed as the income of the assessment year
immediately preceding the normal assessment year.
These exceptions have been incorporated in order to ensure smooth collection of income-tax
from the aforesaid taxpayers who may not be traceable if tax assessment procedure is
postponed till the commencement of the normal assessment.
Assessment year [Sec. 2(9)]

“Assessment year" means the period of twelve months commencing on the 1st day of April
every year. The income earned during any year is taxable in the next year which starts from
April 1. For example, income is earned during the year April 1, 2017 to March 31, 2018. It
will be taxable in the next year which starts from April 1, 2018 and ends on March 31, 2019.
Thus, the assessment year for the income earned during the year 2017-18 is 2018-19.
Therefore, year 2017-18 is known as previous year and year 2018-19 is known as assessment
year for the previous year 2017-18.
In simple words, it can be said that the year in which income is taxable is known as
assessment year. For the previous year 2017-18, assessment year is 2018-19.
Maximum marginal rate [Sec. 2(29C)]

Maximum marginal rate means the rate of income-tax (including surcharge on income-tax, if
any) applicable in relation to the highest slab of income in the case of an individual,
association of persons or body of individuals, as specified in the Finance Act of the relevant
year. For instance, for the assessment year 2018-19, the maximum marginal rate of tax for an
individual assessee is 35.535% (tax rate @ 30% + surcharge @ 15% + cess @ 3%).
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1.5 Charge of income tax
Where any Central Act enacts that income-tax shall be charged for any assessment year at
any rate (or rates), income-tax at that rate (or those rates) shall be charged for that year in
accordance with, and subject to the provisions of, this Act in respect of the total income of
the previous year of every person.
Finance Act gives the tax rates every year and all the amendments in the Income Tax Act.
Finance Act becomes an Act from the Finance Bill. Finance bill is a Money bill and is
presented in the Lok Sabha on February 1 of every year by the Finance Minister. For some
days, discussion on Finance bill takes place in Lok Sabha and Rajya Sabha. After the Finance
bill is passed by both Lok Sabha and Rajya Sabha and after the assent of the President, the
Finance bill becomes Finance Act.
Every Finance Act shows the proposals for the coming financial year. For instance, Finance
Act 2017 shows the proposals for 2017-18 (i.e., April 1, 2017 to March 31, 2018). As far as
tax rates are concerned, Part I of The First Schedule of the Finance Act 2017 shows the tax
rates for the financial year 2016-17 and Part III of The First Schedule of the Finance Act
2017 shows the tax rates for the financial year 2017-18.
Similarly, Finance Act 2018 shows the proposals for 2018-19 (i.e., April 1, 2018 to March
31, 2019). As far as tax rates are concerned, Part I of The First Schedule of the Finance Act
2018 shows the tax rates for the financial year 2017-18 and Part III of The First Schedule of
the Finance Act 2018 shows the tax rates for the financial year 2018-19.
Part III of The First Schedule of current year’s Finance Act becomes Part I of The First
Schedule of next year’s Finance Act. For instance, Part III of The First Schedule of the
Finance Act 2017 becomes Part I of The First Schedule of the Finance Act 2018.
1.6 Basic principles of income-tax
Following are some basic principles of income-tax:

1. Income tax is an annual tax on income.
2. Tax rates are fixed by the annual Finance Act.
3. Tax is charged on the total income of every person computed in accordance with the
provisions of this Act.
4. Income tax is to be deducted at source or paid in advance as provided under

provisions of the Act.
5. Total income is computed on the basis of residential status of the assessee.
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1.7 Computation of total income
Taxable income of any assessee is computed as per the format given below –
Computation of net taxable income/ total income of an assessee for the assessment year 2018-
19:
Particulars Amount (Rs.)
Income under the head “Salaries” XX
Income under the head “House Property” XX
Income under the head “Profits and gains of business or profession” XX
Income under the head “Capital Gains” XX
Income under the head “Income from other sources” XX
Gross total income (GTI) XX
Less: Deductions under chapter VIA [Sec. 80] XX
Net taxable income or Total income (NTI) XXX
1.8 Computation of tax
Tax to be paid by any assessee is computed as per the format given below –
Computation of tax liability of an assessee for the assessment year 2018-19:

Income-tax on net taxable income XX
Less: Rebate under section 87A XX
XX
Add: Surcharge (% of income-tax) XX
Total (a) XX
Add: Education Cess (EC) @ 2% on (a) XX
Add: Secondary and Higher Education Cess (SHEC) @ 1% on (a) XX
Total XX
Less: Relief under section 89 XX
Tax Liability XX
Add: Interest/ Penalty etc. XX
Less: Pre-paid taxes
[i.e., advance tax, self-assessment tax, TDS, TCS, MAT credit] XX
Tax Payable XXX
1.9 Tax rates, rebate, surcharge and cess for the assessment year 2018-19
Tax Rates for “Individuals”
Situation 1: For a resident senior citizen (who is 60 years or more at any time during the
relevant previous year 2017-18 but less than 80 years on the last day of the relevant previous
year 2017-18):
Annual net taxable income Tax

Up to Rs. 3,00,000 Nil
Rs. 3,00,001 – Rs. 5,00,000 5% of income exceeding Rs. 3,00,000
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Rs. 5,00,001 – Rs. 10,00,000 Rs. 10,000 + 20% of income exceeding Rs. 5,00,000
Above Rs. 10,00,000 Rs. 1,10,000 + 30% of income exceeding Rs. 10,00,000
Situation 2: For a resident super senior citizen (who is 80 years or more at any time during
the relevant previous year 2017-18):

Situation 3: For any other resident individual (who is less than 60 years of age at any time
during the relevant previous year 2017-18), any non-resident individual, every HUF/ AOP/
BOI/ artificial juridical person:

Rs. 5,00,001 – Rs. 10,00,000 Rs. 12,500 + 20% of income exceeding Rs. 5,00,000
Tax Rates for “Firms”

A firm is taxable at a flat rate of 30%.
Tax Rates for “Companies”

Company Tax Rate
In the case of a domestic company:
- where its total turnover (or gross receipts) during the previous year 2015-16
does not exceed Rs. 50 crore 25%
- any other domestic company 30%
In the case of a foreign company:
- Special royalty incomes 50%
- Other income 40%
Rebate of tax in case of certain individuals [Sec. 87A]

This rebate is given to provide tax relief to individual taxpayers who are in lower income
bracket.
Any resident individual whose net taxable income (i.e., GTI minus deductions under section
80C to 80U) is Rs. 3,50,000 or less is entitled to claim rebate under section 87A which is
100% of income tax payable on total income or Rs. 2,500, whichever is less. This rebate is
available from income tax (before adding surcharge and cess).
Surcharge
Assessee Rate
An individual assessee:
- If net taxable income does not exceed Rs. 50 lakhs Nil
Any assessee (other than an individual assessee):
- If net taxable income does not exceed Rs. 1 crore Nil
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Individual:
- If net taxable income exceeds Rs. 50 lakhs but does not exceed Rs. 1 crore 10%
Individual, HUF, AOP, BOI and Artificial juridical person:
- If net taxable income exceeds Rs. 1 crore 15%
Firm:
Domestic company:
- If net taxable income exceeds Rs. 1 crore but does not exceed Rs. 10 crore 7%
Foreign company:
- If net taxable income exceeds Rs. 1 crore but does not exceed Rs. 10 crore 2%
Marginal relief
Surcharge is subject to marginal relief.
- In case of an individual assessee, if net income exceeds Rs. 50 lakhs, the amount
payable as income tax and surcharge shall not exceed the total amount payable as
income-tax on total income of Rs. 50 lakhs by more than the amount of income that
exceeds Rs. 50 lakhs.
- In case of any assessee, if net income exceeds Rs. 1 crore, the amount payable as
income tax and surcharge shall not exceed the total amount payable as income-tax on
total income of Rs. 1 crore by more than the amount of income that exceeds Rs. 1
crore.
- In case of a company assessee, if net income exceeds Rs. 10 crore, the amount
payable as income tax and surcharge shall not exceed the total amount payable as
income-tax on total income of Rs. 10 crore by more than the amount of income that
exceeds Rs. 10 crore.
Education Cess (EC)

2% of (income tax after deducting rebate under section 87A and after adding surcharge)
Secondary and Higher Education Cess (SHEC)

1% of (income tax after deducting rebate under section 87A and after adding surcharge)
1.10 Special rates of tax on certain incomes
Some incomes under the Income Tax Act are taxable at special rates. While applying tax on
these incomes, exemption slab applicable for an assessee is of no use. It means even if
income of an individual assessee is less than Rs. 2,50,000 (i.e., exempted slab of an
individual assessee who is less than 60 years of age) or Rs. 3,00,000 (i.e., exempted slab of a
resident senior citizen who is less than 80 years of age but more than 60 years of age) or Rs.
5,00,000 (i.e., exempted slab of a resident super senior citizen who is 80 years or more of
age), these incomes are taxable at flat rate given below –
1. Long term capital gain is taxable at a flat rate of 20%.
2. Short term capital gain covered under section 111A is taxable at a flat rate of 15%.
3. Casual incomes (viz., gambling, lottery, betting, etc.) is taxable at a flat rate of 30%.
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1.11 Rounded off of income and tax
Net taxable income as well as tax should be rounded off to the nearest multiple of Rs. 10.
1.12 Miscellaneous provisions
Exemption and Deduction – Difference

If an income is exempt from tax, it is not included in the computation of income. Exemption
can never exceed the amount of income. Deduction is generally given from income
chargeable to tax. Deduction can be less than or equal to more than the amount of income. If
the amount deductible is more than the amount of income, the resulting amount will be taken
as loss.
Method of Accounting
Mainly there are two types of accounting methods – mercantile system and cash system.
Under the mercantile system, income and expenditure are recorded at the time of occurrence
during the previous year. Under the cash system, revenue and expenses are recorded only
when received or paid.
Income chargeable under the head “Profits and gains of business or profession” or “Income
from other sources” is to be computed in accordance with the method of accounting regularly
employed by the assessee.
In case of income chargeable under the heads “Salaries”, “Income from house property” and
“Capital gains”, method of accounting adopted by the assessee is not relevant in calculating
taxable income. For calculating taxable income under these heads, one has to follow the
statutory provisions of the Income-tax Act which expressly provide whether revenue (or
expenditure) is taxable (or deductible) on “accrual basis” or “cash basis”.
1.13 Summary
In this chapter, we have discussed the basics of tax. These basics will be applicable in
studying other chapters.
Books recommended –
1. Singhania, V.K. and Singhania, Monica [2018], Students’ Guide to Income Tax
(University Edition), Taxmann Publications (P) Ltd.
2. Ahuja, Girish and Gupta, Ravi [2018], Simplified Approach to Income Tax
(University Edition), Flair Publications Pvt. Ltd.
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LESSON 2
AGRICULTURAL INCOME
2.1 Objectives
2.2 Definition of Agricultural income
2.3 Scheme of Partial Integration
2.4 Summary
2.5 Exercise
2.1 Objectives
This chapter explains the provisions of Income Tax Act applicable for agricultural income
earned by the assessees.
2.2 Definition of Agricultural income
Agricultural Income [Sec. 2(1A)]

“Agricultural income” means:
1. Any rent or revenue derived from land which is situated in India and is used for
agricultural purposes;
2. Any income derived from land (which is situated in India and is used for agricultural
purposes) by agricultural operations.
Following are the three instances of this type of agricultural income:
a. Any income derived by agriculture from land situated in India and used for
agricultural purposes;
b. Any income derived by a cultivator or receiver of rent-in-kind of any process
ordinarily employed to render the produce raised or received by him to make it fit
to be taken to market; or
c. Any income derived by such land by the sale by a cultivator or receiver of rent-in-
kind of the produce raised or received by him in respect of which no process has
been performed other than a process of the nature described in (b).
3. Income from farm building
Note –
Capital gain arising from the transfer of agricultural land shall not be treated as agricultural income.
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Partly agricultural incomes:
Income1 Non - agricultural Agricultural
income income
Growing and manufacturing tea in India 40% 60%
Sale of centrifuged latex or cenex or latex based 35% 65%
crepes
Sale of coffee grown and cured by seller 25% 75%
2.3 Scheme of Partial Integration
Agricultural income is totally exempt from tax. However, agricultural income is taken into
consideration while computing the tax on non-agricultural income of an assessee. This is
known as scheme of partial integration.
The scheme of partial integration of non-agricultural income with agricultural income is

applicable if the following conditions are satisfied:
1. The taxpayer is an individual, a HUF, a body of individual, an association of persons
or an artificial juridical person.
2. The taxpayer has non-agricultural income exceeding the amount of exemption limit
[i.e., Rs. 5,00,000 (in the case of a resident super senior citizen who is 80 years or
more), Rs. 3,00,000 (in the case of a resident senior citizen who is 60 years or more),
and Rs. 2,50,000 (in the case of any other individual or every HUF) for the relevant
previous year].
3. The agricultural income of the taxpayer exceeds Rs. 5,000.
If the above conditions are satisfied, then the scheme of partial integration of tax on non-
agricultural income with income derived from agriculture is applicable.
It is to be noted that this scheme is NOT applicable in the case of a firm, company, co-
operative society etc.
Procedure of computing tax as per the scheme:

Step 1: Net agricultural income is to be computed as if it were income chargeable to
income-tax.
Step 2: Agricultural and non-agricultural income of the assessee will then be aggregated and
income-tax is calculated on the aggregate income as if such aggregate income were
the total income.
Step 3: The net agricultural income will then be increased by the amount of exemption limit
(i.e., the first slab of income on which tax is charged at nil rate) and income-tax is
calculated on net agricultural income, so increased, as if such income was the total
income of the assessee.
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Income in respect of the business given above is, in the first instance, computed under the Act as if it were
derived from business after making permissible deduction. 40% or 35% or 25% of the income so arrived at is
treated as business income and the balance is treated as agricultural income. Salary and interest received by a
partner from a firm is taxable only to the extent of 40% or 35% or 25% and the balance is treated as agricultural
income.
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Step 4: The amount of income-tax determined at step 2 will be reduced by the amount of
income-tax determined under step 3.
Step 5: Find out the balance. In the balance so arrived, add surcharge and cess. It is to be
noted that for applicability of surcharge, non-agricultural income is considered.
Step 6: This will be the total income-tax payable by the assessee.
2.4 Summary
In this chapter, we have discussed the tax aspect of agricultural income. Though agricultural
income earned in India is exempt from tax, it is still included while computing income tax of
an assessee for other incomes earned by him. It is to be remembered that agricultural income
earned outside India is not treated as an agricultural income earned in India and thus, such
incomes are fully taxable in India.
2.5 Exercise
The working notes given below in the solutions of unsolved questions are only for clarity
purposes and for solving some typical concepts. However, in the final examination, students
are expected to be more cautious in preparing working notes. Working notes in the
examination must mention the concepts along with numerical calculation.
Problem 1 –
For the assessment year 2018-19, Mrs. X (Date of birth: Sept. 1, 1950) furnishes the
following information:
Amount (Rs.)
Gross agricultural income 12,21,000
Expenditure on earning agricultural income 90,000
Non-agricultural income (Gross total income) 4,00,000
Determine the tax liability of Mrs. X for the assessment year 2018-19 on the assumption that
she contributes Rs. 60,000 towards PPF and pays insurance premium of Rs. 90,000 on her
life insurance policy (sum assured: Rs. 1,50,000).
Solution:
Mrs. X is a senior Citizen.
Computation of taxable income of Mrs. X for the assessment year 2018-19:

Amount (Rs.)
Gross total income 4,00,000
Less: Deduction under section 80C (60,000 + 30,000) 90,000
Net taxable income 3,10,000
In the present case, assessee is a senior citizen whose non-agriculture income is more than the
exemption limit of Rs. 3,00,000 and net agriculture income (i.e., Rs. 11,31,000) is more than
Rs. 5,000. So, tax has to be computed as per the scheme of partial integration which is as
follows –
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Step 1: Net agricultural income is to be computed as if it were income chargeable to income-
tax. Agricultural and non-agricultural income of the assessee will then be aggregated
and income-tax is calculated on the aggregate income as if such aggregate income
were the total income. Thus, total income including agricultural income is Rs.
14,41,000 (Rs. 3,10,000 + Rs. 11,31,000).
Tax on Rs. 14,41,000 is Rs. 2,42,300 [1,10,000 + 30% (14,41,000 – 10,00,000)]
Amount (Rs.)
Agriculture income 11,31,000
Add: Exemption limit in case of resident senior citizen 3,00,000
Total 14,31,000
Tax on Rs. 14,31,000 is Rs. 2,39,300 [1,10,000 + 30% (14,31,000 – 10,00,000)]
income-tax determined under step 2 and find out the balance.
Amount (Rs.)
Tax in step 1 2,42,300
Add: Tax in step 2 2,39,300
Balance 3,000
Step 4: From the balance so arrived, give rebate under section 87A (if applicable), add
surcharge and cess and deduct prepaid taxes (if any). This will be the total income-tax
payable by the assessee. It is to be noted that for applicability of rebate and surcharge,
non-agricultural income is considered.
Amount (Rs.)
Balance 3,000
Less: Rebate under section 87A 2,500
500
Add: Cess @ 3% 15
Tax payable (Rounded off) 520
Note –
It is assumed that policy is issued on or after April 1, 2012 and thus, maximum limit of
deduction for life insurance premium is 20% of sum assured.
Problem 2 –
From the following information, calculate tax liability of X, a resident and ordinarily resident
in India, for the assessment year 2018-19:
Amount (Rs.)
Income from house property 1,60,000
Income from growing and manufacturing tea in India 1,00,000
Share of profit from a firm carrying agricultural business in India 1,20,000
Donation to Prime Minister’s National Relief Fund 40,000
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Solution:
Particulars Non-agricultural Agricultural
income (Rs.) income (Rs.)
Income from house property 1,60,000 ----
Tea business [40%; 60%] 40,000 60,000
Share of profit from firm [Exempt U/S 10(2A)] ---- ----
Gross total income 2,00,000 60,000
Less: Deduction U/S 80G 40,000 ----
Net taxable income 1,60,000 60,000
Here, tax liability is nil because scheme of partial integration is not applicable as non-
agriculture income (i.e., Rs. 1,60,000) is less than the exemption limit of Rs. 2,50,000.
Notes –
In case of income related to growing and manufacturing tea in India, 40% income is treated
as non-agriculture income and 60% is treated as agricultural income.
Problem 3 –
‘X’ is a non-resident for 2017-18. He earned the following incomes during the previous year
in India:
a. Net agricultural income: Rs. 5,40,000
b. Income from business: Rs. 3,00,000
c. Income from other sources: Rs. 2,60,000
He made the following donations during the previous year:
a. Donations to Prime Minster Relief Fund: Rs. 20,000
b. Donation to Charitable Trust: Rs. 40,000
c. Donation to Delhi Government for promoting family planning: Rs. 30,000
Compute the tax liability of ‘X’ for the assessment year 2018-19.
Solution:
Computation of taxable income of X for the assessment year 2018-19:
Amount (Rs.)
Business income 3,00,000
Income from other sources 2,60,000
Less: Deduction U/S 80G (W.N. – 1) 63,000
Net agricultural income 5,40,000
In the present case, assessee is an individual whose non-agriculture income is more than the
exemption limit of Rs. 2,50,000 and net agriculture income (i.e., Rs. 5,40,000) is more than
Rs. 5,000. So, tax has to be computed as per the scheme of partial integration which is as
follows –

10,37,000 (Rs. 4,97,000 + Rs. 5,40,000).
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Tax on Rs. 10,37,000 is Rs. 1,23,600 [1,12,500 + 30% (10,37,000 – 10,00,000)]
Amount (Rs.)
Add: Exemption limit in case of non-resident 2,50,000
Total 7,90,000
Tax on Rs. 7,90,000 is Rs. 70,500 [12,500 + 20% (7,90,000 – 5,00,000)]
Amount (Rs.)
Add: Tax in step 2 70,500
Balance 53,100
Amount (Rs.)
Balance 53,100
Less: Rebate under section 87A Nil
53,100
Add: Cess @ 3% 1,593
Tax payable (Rounded off) 54,690
Note –
Section 80G:
No limit (100%):
Relief fund [20,000*100%] 20,000
Limits:
Limit is 10% of adjusted GTI
i.e., 10% of 5,60,000 i.e., 56,000
Family Planning [100% of 30,000] 30,000

Other purpose [50% of 26,000*] 13,000 43,000 63,000
Problem 4 –
Mr. A is resident but not ordinarily resident in India, age 62 years, earned a net agricultural
income of Rs. 4,00,000 during the previous year 2017-18. Compute his tax liability assuming
that he has non-agricultural income of Rs. 8,50,000 and he contributes Rs. 90,000 towards
Public Provident Fund.
15
Solution:
Computation of taxable income of A for the assessment year 2018-19:
Amount (Rs.)
Less: Deduction U/S 80C 90,000
Net agricultural income 4,00,000
In the present case, assessee is an individual whose non-agriculture income (i.e., Rs.
7,60,000) is more than the exemption limit of Rs. 3,00,000 (resident senior citizen) and net
agriculture income (i.e., Rs. 4,00,000) is more than Rs. 5,000. So, tax has to be computed as
per the scheme of partial integration which is as follows –

11,60,000 (Rs. 7,60,000 + Rs. 4,00,000).
Tax on Rs. 11,60,000 is Rs. 1,58,000 [1,10,000 + 30% (11,60,000 – 10,00,000)]
Amount (Rs.)
Add: Exemption limit in case of non-resident 3,00,000
Total 7,00,000
Tax on Rs. 7,00,000 is Rs. 50,000 [10,000 + 20% (7,00,000 – 5,00,000)]
Amount (Rs.)
Add: Tax in step 2 50,000
Balance 1,08,000
Amount (Rs.)
Balance 1,08,000
1,08,000
Add: Cess @ 3% 3,240
Tax payable (Rounded off) 1,11,240
16
17
LESSON 3
RESIDENTIAL STATUS
3.1 Objectives
3.2 Residence and citizenship
3.3 Determination of residential status of an assessee
3.4 Relationship between residential status and incidence of tax
3.5 Summary
3.6 Exercise
3.1 Objectives
Taxability of income depends upon the residential status of an assessee. Also, it depends
whether the income earned is an Indian income or foreign income. This chapter is, thus,
divided into two parts – first part shows determining the residential status of an assessee and
second part shows tax incidence.
3.2 Residence and citizenship
The scope of total income of an assessee is determined with reference to his residential status in India
in the previous year (Sec. 5). Tax incidence of an assessee depends upon his residential status
rather than on his citizenship.
Residence and citizenship are two different things. The incidence of tax has nothing to do with
citizenship. An Indian may be non-resident and a foreigner may be resident for income tax purposes.
The residence of a person may change from year to year but citizenship cannot be changed every year.
3.3 Determination of residential status of an assessee
How to determine the residential status of an INDIVIDUAL [Sec. 6]

An individual may be resident or non-resident. Further, if an individual is resident, he may be
resident and ordinarily resident or resident but not ordinarily resident.
Following are the rules to determine the residential status of an individual:

a. Resident:
Must satisfy at least one of the basic conditions.
b. Resident and ordinarily resident (ROR):
Must satisfy at least one of the basic conditions and both of the additional conditions.
c. Resident but not ordinarily resident (RNOR):
Must satisfy at least one of the basic conditions and one or none of the additional
conditions.
d. Non-resident (NR):
Must not satisfy any of the basic conditions.
Basic conditions [Sec. 6(1)]

a. He is in India in the previous year for a period of 182 days or more; or
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b. He is in India for a period of 60 days or more during the previous year and 365 days
or more during 4 years immediately preceding the previous year.
Exceptions:
In the following two situations, basic condition (b) is not applicable:
1. An Indian citizen who leaves India during the previous year
▪ for the purpose of employment outside India; or
▪ as a member of crew of an Indian ship.
2. An Indian citizen or a person of Indian origin who comes on a visit to India
during the previous year.
Additional conditions [Sec. 6(6)]

a. He has been resident in India in at least 2 out of 10 previous years immediately
preceding the relevant previous year.
b. He has been in India for a period of 730 days or more during 7 years immediately
preceding the relevant previous year.
How to determine the residential status of a HUF

A Hindu undivided family (like an individual) is either resident in India or non-resident in
India. A resident Hindu undivided family is either ordinarily resident or not ordinarily
resident.
Following are the rules to determine the residential status of a Hindu undivided family:
a. A Hindu undivided family is said to be resident in India if control and management of
its affairs are situated –
▪ Wholly in India or
▪ Partly in India and partly outside India
It is to be noted that in order to determine whether a HUF is resident or non-resident,

the residential status of the karta of the family during the previous year is not relevant.
Residential status of the karta during the preceding years is considered for
determining whether a resident HUF is “ordinarily resident” or not.
A resident Hindu Undivided family is an ordinarily resident in India if karta or

manager of the family satisfies the two additional conditions given above. However, if
kata or manager of a resident HUF does not satisfy the two additional conditions, the
family is treated as resident but not ordinarily resident in India.
b. A Hindu undivided family is said to be non-resident in India if control and

management of its affairs are situated wholly out of India.
How to determine the residential status of a FIRM AND an ASSOCIATION OF

PERSONS
a. A partnership firm and an association of persons are said to be resident in India if
control and management of their affairs, during the relevant previous year, are
situated –
19
b. A partnership firm and an association of persons are said to be non-resident in India if
control and management of their affairs, during the relevant previous year, are
situated wholly out of India.
How to determine the residential status of a COMPANY

a. An Indian company is always resident in India.
b. A foreign company is resident in India if its place of effective management (POEM),
at any time during the previous year is in India. For this purpose, “place of effective
management” means a place where key management and commercial decisions that
are necessary for the conduct of the business of an entity as a whole are, in substance
made.
How to determine the residential status of every OTHER PERSON

a. Every other person is resident in India if control and management of its affairs, during
the previous year, is situated –
b. Every other person is non-resident in India if control and management of its affairs,
during the previous year, is situated wholly out of India.
3.4 Relationship between residential status and incidence of tax
As per section 5 of the Income Tax Act, incidence of tax on a taxpayer depends on his
residential status and also on the place and time of accrual or receipt of income.
Meaning of “INDIAN INCOME”

Any of the following three is an Indian income:
1. If income is received (or deemed to be received) in India during the previous year and
at the same time it accrues or arises (or is deemed to accrue or arise) in India during
the previous year.
2. If income is received (or deemed to be received) in India during the previous year but
it accrues or arises (or is deemed to accrue or arise) outside India during the previous
year.
3. If income is received outside India during the previous year but it accrues or arises (or
is deemed to accrue or arise) in India during the previous year.
Meaning of “FOREIGN INCOME”

If the following two conditions are satisfied, then such income is “foreign income” –
1. Income is not received (or not deemed to be received) in India and
2. Income does not accrue or arise (or is deemed to accrue or arise) in India.
Conclusions regarding taxability

1. Indian Income
Indian income is always taxable in India irrespective of the residential status of the
taxpayer.
2. Foreign Income
Foreign income is taxable in the hands of resident (in case of a firm, an association of
persons, a joint stock company and every other person) or resident and ordinarily
20
resident (in case of an individual and a Hindu Undivided Family) in India. Foreign
income is not taxable in the hands of non-resident in India.
In the hands of resident but not ordinarily resident (RNoR) taxpayer, foreign
income is taxable only in any of the following two situations –
a. If it is business income and business is controlled wholly or partly from India, or
b. If it is professional income and profession is set up in India.
In any other case (like salary, rent, interest etc.), foreign income is not taxable in the
hands of resident but not ordinarily resident taxpayers.
3.5 Summary
This chapter explained the concept of residence and citizenship from income tax point of
view. How to determine the residential status of an assessee is explained in detail in this
chapter. Further, the students will be able to determine whether the income is an Indian
income or foreign income.
3.6 Exercise 1: Long practical questions
Problem 1 –
Mr. X, a foreign national (not being a person of Indian origin) came to India for the first time
on 16-10-2017 for a visit of 190 days. He furnishes the following particulars of his income
earned during the previous year relevant to the assessment year 2018-19:
Amount (Rs.)
a. Interest received from Government of India (Received outside India) 2,50,000
b. Royalty received from a foreign company outside India (Paid for
know-how used by payer organization in India) 1,00,000
c. Income from agriculture in Bhutan remitted to India 3,00,000
Compute total income of Mr. X for the previous year 2017-18 relevant to the assessment year
2018-19.
Solution:
Mr. X is a non-resident for the assessment year 2018-19 as he does not satisfy any of the
following basic conditions:
1. He was present in India during the previous year 2017-18 for 170 days
[19+30+31+31+28+31] and not for 182 days, as required.
2. He was present in India for a period of 60 days or more during the previous year
2017-18 but not for 365 days or more during 4 years immediately preceding the
previous year 2017-18 [i.e., during 2013-14 to 2016-17, he was not present in India as
he came to India on 16-10-2017 for the first time].
21
Computation of total income of Mr. X (a non-resident) for the previous year 2017-18 relevant
to the assessment year 2018-19:
Indian Income
(Interest received from Government of India is deemed to be accrued in
India) 2,50,000
Indian Income
(Royalty received from a non-resident is deemed to be accrued in India if it
is paid for know-how used by the payer in India) 1,00,000
Foreign Income
[Agriculture income accrued and received outside India, foreign income is
not taxable for a non-resident assessee] ----
Total income 3,50,000
Problem 2 –
From the following information, compute gross total income of Mr. Y for the assessment year
2018-19 assuming Mr. Y is:
(i) Not ordinarily resident, and (ii) Non-resident.
Amount (Rs.)
- Pensions for services rendered in India but received in England 1,00,000
- Remuneration for consultancy service in Canada but half of that
received in Mumbai 2,00,000
- Loss incurred in textile business carried on in Bangladesh but
controlled from India (75,000)
- Fees for technical services payable by Z, a non-resident
(the payable relates to a business carried on in India) 3,00,000
Solution:
Computation of total income of Mr. X (a non-resident) for the previous year 2017-18 relevant
to the assessment year 2018-19:
Particulars RNoR (Rs.) NR (Rs.)
Indian Income 1,00,000 1,00,000
(Pension for services rendered in India)
Indian Income 1,00,000 1,00,000
(Money received in India)
Foreign Income ---- ---
(Remuneration for services accrued and received outside India)
Foreign Income
(business income accrued and received outside India, but (75,000) ----
business is controlled from India)
Indian Income
(Fees for technical services payable by a non-resident is
deemed to be accrued in India if payment of technical fees 3,00,000 3,00,000
pertains to a business carried on in India
Total income 4,25,000 5,00,000
Problem 3 –
“Manan Sethia” is a citizen of India. He has been employed with an Indian company since
2013. On September 1, 2017 Manan left India to join employment in Germany with a foreign
company. During the previous year 2017-18 his income included:
22
a. Salary from an Indian company: Rs. 2,60,000
b. Salary from a foreign company: Rs. 4,70,000
c. Interest on bank deposits in India received in Germany: Rs. 1,30,000
Find out Manan’s total income chargeable to tax in India for the assessment year 2018-19.
Solution:
Since he left India for the purpose of employment outside India, he is covered under
exceptional category of basic condition no. (2) of 60 days or more. It means basic condition
of 60 days or more is not applicable for Manan Sethia.
Further, he was present in India for 154 days [30+31+30+31+31+1] during the previous year
2017-18. Thus, he does not satisfy the basic condition of 182 days or more and therefore, he
will be treated as non-resident for the assessment year 2018-19.
Computation of taxable income:

Amount (Rs.)
Indian Income (Salary from an Indian company) 2,60,000
Foreign Income (Salary from a foreign company) ----
Indian Income (Interest on bank deposits in India) 1,30,000
Total Income 3,90,000
Problem 4 –
Renuka Desai is a citizen of USA. She left India during 1987 and got permanently settled in
New York. She was born in India in 1972 and her husband was also born in India in 1970.
Her parents were born in UK prior to 1947; however, they migrated to India in 1967 and got
permanently settled in Delhi. Renuka came to India on January 29, 2017 and stayed for 100
days. Before that also she had been coming to India for 100 days during every previous year
since 1991. For the previous year 2017-18, she earned the following income/ loss:
i. Income from salaries of services rendered in USA, received there: Rs. 7,96,000
ii. Income from house property in India received in USA: Rs. 2,84,000
iii. Interest on bank deposits in India received in USA: Rs. 3,60,000
iv. Loss from a business in India (controlled from USA): Rs. 1,10,000
v. Income from a business in Sri Lanka (controlled from India): Rs. 1,90,000
vi. Interest on bank deposits in USA subsequently remitted to India: Rs. 2,64,000
Compute Renuka’s total income and tax liability for the assessment year 2018-19, assuming
that she is not entitled to deductions under section 80C to 80U.
Solution:
She is Resident but not ordinarily resident (RNoR) for the assessment year 2018-19 as she
satisfies the basic condition no. (2) of 60 days or more during 2017-18 [3+28+31] and 365
days or more [400] during 4 years immediately preceding the relevant previous year.
Further he satisfies only one of the additional conditions.
1. The additional condition which is satisfied is:
She is resident in India in at least 2 years out of 10 years immediately preceding the relevant
previous year.
2. The additional condition which is not satisfied is:

She is not present in India for a period of 730 days during 7 years immediately preceding the
relevant previous year.
23
She is not a person of Indian Origin and thus, not covered in exceptional category.
Computation of taxable income:

Amount (Rs.)
Foreign income (salary received and accrued outside India)
[not taxable for RNoR ] ----
Indian income (income accrued in India) 2,84,000
Indian income (income accrued in India) 3,60,000
Indian income (business in India) (1,10,000)
Foreign income (accrued outside India; but business is
controlled from India, taxable for RNoR) 1,90,000
Remittance ----
7,24,000
Computation of tax:
Amount (Rs.)
Tax [12,500 + 20% (7,24,000 – 5,00,000)] 57,300
Add: Cess @ 3% 1,719
Tax (Rounded off) 59,020
Problem 5 –
Determine the residential status in the cases given below for the assessment year 2018-19:
i. X Ltd., a foreign company, operates in India and all decisions regarding the affairs of
its business are taken in India. However, a few decisions like fixation of managerial
remuneration and appointment of CEO etc. are taken in London where the company
is registered.
ii. Y (HUF), a Hindu Undivided Family, whose karta Y is a person of Indian origin. Y
has been visiting India for 100 days every year since 2006-07. The family’s business
is controlled by a team of professionals in India under the guidance of Y.
iii. Mr. A is a citizen of Bangladesh. His maternal grandfather was born in a village near
Dhaka in 1945. He comes to India for the first time since 1995-96 on October 4, 2017
for a visit of 200 days.
Solution:
i. X Ltd. is a non-resident for the assessment year 2018-19. Though all decisions
regarding the affairs of its business are taken in India, however, a few decisions like
fixation of managerial remuneration and appointment of CEO etc. are taken outside
India. It seems that place of effective management of X Ltd. in 2017-18 is outside
India and thus, the foreign company is non-resident.
ii. Business of Y (HUF) is controlled by a team of professionals in India, thus, Y (HUF)

is resident in India. To see whether Y (HUF) is ordinarily resident or not ordinarily
resident, Y (Karta) has to satisfy two additional conditions –
a. Basic condition no. (2) of 60 days or more is not applicable for a person of Indian
Origin who comes on a visit to India during the previous year.
So, to check whether he is resident or not, basic condition no. (1) of 182 days or
more is relevant. Y (Karta) is not present for 182 days or more in any year and
thus, he is non-resident in all the 10 years immediately preceeding the relevant
previous year. It means additional condition no. (1) is not satisfied.
b. Further, he was present only for 700 days during 2010-11 to 2016-17 and not 730
days or more, as required.
24
Y (Karta) does not satisfy any of the additional conditions and thus Y (Karta) is not
ordinarily resident.
It implies that Y (HUF) is resident but not ordinarily resident (RNoR) for the
assessment year 2018-19.
iii. Mr. A is non-resident for the assessment year 2018-19. Mr. A is a person of Indian
Origin as his grandparents were born in undivided India. Basic condition no. (2) of 60
days or more is not applicable for a person of Indian Origin who comes on a visit to
India during the previous year.
To become a resident, Mr. A has to satisfy basic condition no. (1) which states that a
person must be present in India for a period of 182 days or more during relevant
previous year. Mr. A is present only for 179 [28+30+31+31+28+31] days during the
previous year 2017-18. He does not satisfy the eligible basic condition and thus, he is
non-resident for the assessment year 2018-19.
Problem 6 –
Discuss whether the following incomes are taxable or not in India:
i. A non-resident owns a residential house in Delhi which is given on rent to a
foreign embassy. Rent is however, payable outside India in a foreign currency.
ii. Non-resident purchase goods from India and sells these goods abroad at profit.
iii. Interest on loan is paid by the govt. of India to a non-resident outside India.
iv. A non-resident owns commercial building in Mumbai which is transferred to
another non-resident outside India. The consideration is payable in a foreign
currency outside India.
v. C, a non-resident Indian, is presently appointed by the govt. of India in its
embassy at Saudi Arabia; salary for rendering service is paid to him in foreign
currency outside India.
Solution:
i. Taxable, as it is accrued in India and thus, becomes an Indian income which is taxable
for a non-resident.
ii. Not taxable, as profit is earned and received outside India and thus, a foreign income
which is not taxable for a non-resident. It does not matter whether the goods have
been purchased from India or not.
iii. Taxable, as interest paid by Government of India is assumed as an Indian income and
thus, taxable for a non-resident.
iv. Taxable, as it is accrued in India and thus, Indian income which is taxable for a non-
resident.
v. Taxable, as salary paid by the Indian Government to an Indian national is deemed to
accrue or arise in India, even if service is rendered outside India. This provision is
applicable only in respect of salary and not in respect of allowances and
perquisites paid or allowed by the Government to Indian nationals working
abroad, as such allowances and perquisites are exempt under section 10(7). C,
though a non-resident, but an Indian national.
Problem 7 –
Mrs. Y is a foreign citizen. Her grandmother was born in Karachi on August 15, 1940. She
came to India for the first time on November 3, 2017 for a period of 200 days. Her income for
the previous year 2017-18 is as under:
i. Income earned in Bangladesh but received in India Rs. 4,40,000.
25
ii. Income earned and received outside India Rs. 5,60,000.
iii. Royalty received in Germany from a resident of India for technical services provided
for a business carried on in Germany Rs. 1,00,000.
iv. Agricultural income in Sri Lanka Rs. 5,00,000.
v. Dividend from Indian Company received in Pakistan Rs. 80,000.
vi. Profits of a business carried on in Pakistan but controlled from India Rs. 2,00,000
(out of which Rs. 50,000 is received in India).
Solution:
Mrs. Y is a non-Resident for the assessment year 2018-19 as she does not satisfy the basis
condition of presence for a period of 182 days or more during the previous year 2017-18. She
was present in India for a period of 149 days (28+31+31+28+31) only during the previous
year 2016-17.
Further, as she is a person of Indian Origin (because her grandmother was born in Undivided
India), she is covered under the exception of basic condition no. (2) applicability. For a
person of Indian Origin who comes on a visit to India during the previous year, basic
condition no. (2) of 60 days is not applicable.
Computation of taxable income of Mrs. Y (a non-resident):

Amount (Rs.)
Indian income (income received in India) 4,40,000
Foreign income (income received and accrued outside India) ----
Foreign income (royalty income received and accrued outside India) ----
Foreign income (accrued outside India) ----
[Though, agricultural income outside India is not exempt from tax]
Dividend income from an Indian company [exempt from tax] ----
Indian income (received in India) 50,000
Foreign income (received and accrued outside India) ----
4,90
Problem 8 –
Mr. Ramesh & Mr. Suresh are brothers and they earned the following income during the
financial year 2017-18. Mr. Ramesh settled in Canada in the year 1997 and has not visited
India since. Mr. Suresh is settled in Delhi and has never left India. Compute their total
income for the assessment year 2018-19.
S. Particulars Mr. Ramesh Mr. Suresh
No. (Rs.) (Rs.)
1. Interest on Canada Development Bonds (only 50% of 35,000 40,000
interest received in India
2. Dividend from British company received in London 28,000 20,000
3. Profit from a business in Nagpur, but managed directly 1,00,000 1,40,000
from London
4. Income from a business in Chennai 80,000 70,000
5. Fees for technical services rendered in India, but 1,00,000 ----
received in Canada
6. Interest on savings bank deposit in SBI, Delhi 7,000 12,000
7. Agricultural income from a land situated in Andhra 55,000 45,000
Pradesh
8. Rent received in respect of house property at Bhopal 1,00,000 60,000
9. Life insurance premium paid ---- 30,000
26
Solution:
For the assessment year 2018-19, Mr. Ramesh is non-resident as he does not satisfy any of
the 2 basic conditions and Mr. Suresh is resident and ordinarily resident as he satisfies both of
the basic conditions.
Computation of their total income for the assessment year 2018-19:
S. Particulars Mr. Ramesh Mr. Suresh

No. (Non-Resident) (ROR)
(Rs.) (Rs.)
1 Interest on Canada Development Bonds (only
50% of interest received in India)
- Indian income [50%] 17,500 20,000
- Foreign income [50%] ---- 20,000
2 Foreign income --- 20,000
[Dividend from British company received in
London]
3 Indian income 1,00,000 1,40,000
[Profit from a business in Nagpur, but managed
directly from London]
4 Indian income 80,000 70,000
[Income from a business in Chennai]
5 Indian income 1,00,000 1,00,000
[Fees for technical services rendered in India, but
received in Canada]
6 Indian income 7,000 12,000
[Interest on savings bank deposit in SBI, Delhi]
7 Indian income Exempt Exempt
[Agricultural income from a land situated in
Andhra Pradesh – (exempt u/s 10(1)]
8 Indian income
[Rent received in respect of house property at
Bhopal less standard deduction @ 30% (i.e.,
1,00,000 – 30,000; 60,000 – 18,000)] 70,000 42,000
Gross total Income 3,74,500 3,24,000
Less: Deductions under sections:
80C ---- 30,000
80TTA 7,000 10,000
Total Income 3,67,500 3,84,000
3.6 Exercise 2: Short theory questions
1. When is a company to be treated as non-resident in India?

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
27
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
2. How will you determine the residential status of Hindu undivided family? Explain
fully.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
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LESSON 4
INCOMES EXEMPT FROM TAX
4.1 Objectives
4.2 Exempted incomes
4.3 Summary
4.1 Objectives
After studying this chapter, students will be able to learn the application of section 10 of the
Income Tax Act. Section 10 explains the incomes which are exempt from tax. Some incomes
are fully exempt and some incomes are partially exempt from tax.
4.2 Exempted incomes
Some of the incomes exempt under section 10 (excluding exempt incomes under the head
“Salaries”) are –
1. Agricultural income
2. Share of income from Hindu Undivided Family
3. Share of income of a partner from his firm
4. Payment received by an individual under Bhopal Gas Leak Disaster Act
5. Educational Scholarships received by an individual
6. Awards made by the Government in public interest
7. Income of scientific research association
8. Income of news agency
9. Income of Khadi and Village Industries
10. Income of SAARC
11. Income of IRDA
12. Income of mutual fund
13. Income of Swachh Bharat Kosh and Clean Ganga Fund
14. Partial withdrawal from NPS (to the extent it does not exceed 25% of an employee’s
contribution) is exempt from tax.
15. 40% of the total amount received on account of assessee’s opting out of NPS or
closing of NPS account.
Incomes exempt under the head “Salaries” are explained in chapter of “Salaries”.
4.3 Summary
Some of the examples of section 10 incomes are mentioned in the chapter.

29
LESSON 5
Unit I
SALARIES - I
5.1 Objectives
5.2 Basics
5.3 Understanding some relevant concepts
5.4 Basis of charge
5.5 Retirement benefits
5.6 Summary
5.1 Objectives
After studying this chapter, students will be able to compute the taxable amount of salary
received by an employee from the employer.
5.2 Basics
Section 15, 16 and 17 of the Act deals with the computation of income under the head
“Salaries”.
5.3 Understanding some relevant concepts
In order to understand the computation of income under the head “Salaries”, the following
relevant concepts need to be understood first:
1. Employer-employee relationship –
An income can be taxed under the head “Salaries” only and only if there is an employer-
employee relationship between the payer and payee. If this relationship does not exist, then
the income will not be taxable as salary income; it will be taxable under other heads of
income.
Employer may be an individual, firm, association of persons, company, local authority,

Central Government, State Government, etc. Likewise, employer may be operating in India
or outside India. The employee may be a full-time employee or a part-time employee.
MPs or MLAs are not treated as employees of the Government. Thus, remuneration received
by them is not taxable under the head “Salaries” but taxable as “Income from other sources”.
However, pay and allowances received by the Chief Minister of a State are assessable as
salary and not as income from other sources, in view of the provisions of article 164(5) of the
Constitution.
Any salary, bonus, commission or remuneration, by whatever name called, due to/ received
by, a partner of a firm from the firm shall not be taxable under the head “Salaries” because
30
there is no employer-employee relationship between firm and its partners. Such
remuneration, however, is taxable under the head “Profits and gains from business or
profession” in the hands of partners.
2. No difference between salary and wages –

Conceptually, there is no difference between ‘salary’ and ‘wages’, both being a payment for
work done or services rendered.
3. Arrears of salary –
Salary due to an assessee in the earlier years, which was neither paid nor was charged to tax
in those years, will have to treated as ‘arrears of salary’ and thus, taxable under the head
“Salaries”.
4. Advance salary –
Salary received in advance is taxable in the year of receipt. It will not be taxable again in the
year in which it becomes due.
5. Salary paid by foreign Government –

Salary paid by a foreign Government to its employees serving in India is taxable under the
head “Salaries”.
6. Salary from more than one employer –

Salary received by an employee from more than one employer during the same previous year
is taxable under the head “Salaries”.
7. Salary from former employer, present employer or prospective employer –

Salary received (or due) during the previous year is chargeable to tax under the head
“Salaries” irrespective of the fact whether it is received from a former, present or prospective
employer.
8. Tax-free salary –
If salary is paid tax-free by the employer, the employee has to include in his taxable income
not only the salary received but also the amount of tax paid by the employer on this salary
income of the employee.
9. Foregoing of salary –
Once salary is earned by the employee, it becomes taxable in his hands though he may
subsequently waive the right to receive the same from his employer. Such voluntary waiver
or foregoing by an employee of salary due to him is merely an application of income and is
chargeable to tax under the head “Salaries”.
10. Place of accrual –

Income under the head “Salaries” is deemed to accrue or arise at the place where the service
(in respect of which it accrues) is rendered. If the services are rendered in India and if the
salary in respect of such service is received outside India, it will be treated as an income
which is deemed to accrue or arise in India. Similarly, if a person, who after rendering
services in India, retires and settles abroad, receives any pension on account of the same, such
pension shall be an income which is deemed to accrue or arise in India because the services
on account of which pension accrues, were rendered in India.
31
There is, however, an exception to the above rule. Salary payable by the Government of India
to a citizen of India for services outside India is treated as income deemed to accrue or arise
in India even though services are rendered outside India.
11. Method of accounting not relevant –

Salary is taxable on receipt or due basis, whichever is earlier regardless of the fact whether
books of account, in respect of salary income, are maintained by the assessee on mercantile
basis or cash basis.
Problem –
N is an employee of XYZ Ltd. getting a salary of Rs. 50,000 per month which becomes due on
the last day of each month but is paid on the fifth of next month. Compute the salary taxable
for the assessment year 2018-19?
Solution:
For assessment year 2018-19, the relevant previous year is 2017-18. Salary is taxable on
receipt basis or due basis, whichever is earlier. In this case, salary becomes due on the last
day of each month and received on the fifth day of next month. Thus, salary of April 2017
will become due on April 30, 2017 and will be paid on May 5, 2017. So, salary of April 2017
will become taxable on April 30, 2017. On this basis, May 2017 salary will become taxable
on May 31, 2017 and so on.
Thus, during the previous year 2017-18, salary from April 2017 to March 2018 will be
taxable and amount of taxable salary will be Rs. 6,00,000 [Rs. 50,000*12].
Problem –
N is an employee of XYZ Ltd. His salary till March 31, 2017 was Rs. 40,000 and from April
1, 2017, his salary becomes Rs. 50,000. Salary becomes due on the first day of next month but
is paid on the fifth of next month. Compute the salary taxable for the assessment year 2018-
19?
Solution:
In this case, salary becomes due on the first day of next month and received on the fifth day
of next month. Thus, salary of April 2017 will become due on May 1, 2017 and will be paid
on May 5, 2017. So, salary of April 2017 will become taxable on May 1, 2017. On this basis,
May 2017 salary will become taxable in June 2017 and so on. However, March 2018 salary
will become taxable in April 2018 which is not in our relevant previous year.
But March 2017 salary is taxable in April 2017 which is in our relevant previous year 2017-
18.
Thus, during the previous year 2017-18, salary from March 2017 to February 2018 will be
taxable and amount of taxable salary will Rs. 6,90,000 [Rs. 40,000*1 + Rs. 50,000*11].
Problem –
N is an employee of XYZ Ltd. getting a salary of Rs. 50,000 per month which becomes due on
the last day of each month but is paid on the fifth of next month. He is paid the salary of April
2018 in advance in March 2018. Compute the salary taxable for the assessment year 2018-
19?
32
Solution:
In this case, salary of April 2018 will become due on April 30, 2018 but it is received in
March 2018. Thus, salary of April 2018 will become taxable on receipt basis which is earlier
than the due date.
Thus, taxable salary during the previous year 2017-18 will be:
Salary from April 2017 to March 2018 [Rs. 50,000*12] Rs. 6,00,000
Advance salary of April 2018 (taxable in March 2017) Rs. 50,000
Rs. 6,50,000
Note:
Since salary received in advance for April 2018 is included in the previous year 2017-18 on
receipt basis. So, it will not be included again in the previous year 2018-19 when it becomes
due.
Problem –
N joins a company on September 1, 2013 in the pay scale of Rs. 14,000 – Rs. 1,000 – Rs.
30,000 (salary at the time of joining is fixed at Rs. 18,000). As per the terms of employment
salary becomes “due” on the first day of next month, and it is generally paid on the fifth day
of the next month. Find out the taxable salary for the assessment year 2018-19.
Solution:
For the assessment year 2018-19, previous year is 2017-18. In this case, N gets an annual
increment of Rs. 1,000. The amount of salary for different years will be as follows:
September 1, 2013 to August 31, 2014 : Rs. 18,000

Rs. 1,000 will be added to the salary every year till he reaches the maximum point of Rs.
30,000.
For the previous year 2017-18, salary will be taxable as follows:

Month Due date of salary Amount (Rs.)
[Due date or receipt date, whichever is earlier]
March 2017 April 1, 2017 21,000
April 2017 May 1, 2017 21,000
May 2017 June 1, 2017 21,000
June 2017 July 1, 2017 21,000
July 2017 August 1, 2017 21,000
August 2017 September 1, 2017 21,000
September 2017 October 1, 2017 22,000
October 2017 November 1, 2017 22,000
November 2017 December 1, 2017 22,000
December 2017 January 1, 2018 22,000
January 2018 February 1, 2018 22,000
February 2018 March 1, 2018 22,000
March 2018 April 1, 2018 See note
Total 2,58,000
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Note:
Salary of March 2018 will be taxable in April 2018 which falls in the previous year 2018-19.
However, salary of March 2017 will be taxable in April 2017 which is in our relevant
previous year 2017-18.
12. Meaning of salary [Section 17(1)] –

Salary includes –
a. wages;
b. any annuity or pension;
c. any gratuity;
d. any fees, commissions, perquisites or profits in lieu of or in addition to any salary or
wages;
e. any advance of salary;
f. any payment received by an employee in respect of any period of leave not availed by
him;
g. employer’s contribution towards Recognized Provident Fund (RPF) in excess of 12%
of employee’s salary and interest credited to RPF in excess of 9.5% p.a.;
h. transferred balance in a recognized provident fund to the extent it is taxable; and
i. the contribution made by the Central Government (or any other employer) in the
previous year, to the account of an employee under a notified pension scheme referred
to in section 80CCD.
13. Profits in lieu of salary [Section 17(3)] –

It includes the following –
a. the amount of any compensation due to or received by an assessee from his employer
(or former employer) at or in connection with the termination of his employment or
the modification of the terms and conditions thereto;
b. any payment due to or received by an assessee from his employer (or former
employer) except the following:
i. Payment of gratuity exempted under section 10(10);
ii. Payment of commuted pension exempted under section 10(10A);
iii. Payment of retrenchment compensation exempted under section 10(10B);
iv. Payment from statutory provident fund (SPF) – Section 10(11);
v. Payment from recognized provident fund (RPF) to the extent it is exempt
under section 10(12);
vi. Payment from an approved superannuation fund under section 10(13);
vii. Payment of HRA exempted under section 10(13A).
c. Any payment from unrecognized provident fund (UPF) or such other fund to the
extent to which it does not consist of contributions by the assessee or interest on such
contributions.
d. Any sum received under a Keyman insurance policy including the sum allocated by
way of bonus on such policy.
e. Any amount due to or received, whether in lump sum or otherwise, by an assessee

from any person prior to employment or after cessation of employment.
34
5.4 Basis of charge
Under section 15, the following income shall be chargeable to income-tax under the head
“Salaries” –
a. any salary due from an employer (or a former employer) to an assessee in the
previous year, whether actually paid or not;
b. any salary paid or allowed to him in the previous year by or on behalf of an employer
(or a former employer), though not due or before it became due; and
c. any arrears of salary paid or allowed to him in the previous year by or on behalf of an
employer (or a former employer), if not charged to income-tax for any earlier
previous year.
Computation of salary income –

Income under the head “Salaries” is computed in the following manner:
Income from salary XX
Income by way of allowances XX
Taxable value of perquisites XX
Gross salary XX
Less: Deductions under section 16:
Entertainment allowance XX
Professional tax XX
Income from salaries XXX
5.5 Retirement benefits
Retirement benefits are considered as those benefits which are generally given to the
employees at the time of retirement. Some common retirement benefits are explained below –
Leave Salary –
Employees are entitled to different types of leaves while they are in service. The leaves may
either be allowed to be availed by them or if not availed, then these leaves may either lapse or
encashed every year or accumulated and encashed at the time of retirement/ death/ or leaving
the job.
Tax treatment – The tax treatment is given below:

Nature of leave encashment Status of employee Taxability
Leave encashment during Government/ It is fully chargeable to tax.
continuity of employment non-Government employee However, relief can be taken
under section 89.
Government employee It is fully exempt from tax
(see the provisions given
below).
Leave encashment at the time Non-Government employee It is fully or partially exempt
of retirement/ leaving job from tax. Here, exemption
depends upon the provisions
given below (see the
provisions given below).
35
Government employees getting leave encashment at the time of retirement – In case of
Central/ State Government employees, any amount received as cash equivalent of leave
salary in respect of earned leaves standing to their credit at the time of retirement/ leaving the
job is exempt from tax.
Non-Government employees getting leave encashment at the time of retirement – In case of

non-Government employees (including an employee of a local authority or public-sector
undertaking), leave salary is exempt from tax to the extent of least of the following four
amounts:
a. Period of earned leave (in number of months) standing to the credit of employee at the
time of retirement/ leaving the job (earned leave entitlements cannot exceed 30 days
for every year of actual service)*Average monthly salary
b. 10*Average monthly salary
c. Amount specified by the government (i.e., Rs. 3,00,000 minus amount exempted
earlier)
d. Leave encashment actually received at the time of retirement
Notes:
1. How to find out the leave standing to the credit of employee at the time of retirement or
leaving the job -
Step 1: Find out duration of service in years (ignore any fraction of the year).
Step 2: Find out the rate of earned leave entitlement from the service book of the employees –
such entitlement cannot exceed 30 days in a year. For example, if leave entitlement allowed
is 20 days per year, then 20 days per year will be taken (because it is less than 30 days in a
year). However, if leave entitlement allowed is 40 days per year, then for the purpose of
computing leave entitlement, 30 days would be taken and not 40.
Step 3: Find out the leaves actually availed or encashed while in service (in number of days).
Step 4: Multiply step 1 with step 2 and then divide the resulting figure by step 3 and result
would be in number of days. For example, if duration of service is 24 years 9 months, step 1
becomes 24. If leave entitlement as per service rules is 35 days per year, step 2 becomes 30.
If leaves actually availed while in service is 90 days, then step 3 becomes 90. Thus, step 4
becomes 24*30–90 = 630 days which is to be further divided by 30 to get the result in
number of months and the final leaves standing to one’s credit in numbers of months comes
out to be 21 (630/30).
2. Meaning of salary – Salary for this purpose means basic salary (+) dearness allowance (if
terms of employment so provide) (+) commission based upon fixed percentage of turnover
achieved by an employee. It is to be noted that dearness allowance/ pay shall be considered
only when it is part of salary for computing all retirement benefits (like provident fund,
pension, leave encashment, gratuity, etc.). If dearness allowance/ pay is part of salary for
computing only some (not all) of the retirement benefits, then it is not taken into
consideration for this purpose.
3. Average salary – Average salary for this purpose is to be calculated on the basis of average
salary drawn during the period of 10 months immediately preceding the retirement. For
36
example, if a person retires on 30 Nov. 2017, average salary will be taken from Feb. 1, 2017
to Nov. 30, 2017.
4. Actual years of service – While computing completed/ actual years of service, any fraction
of the year shall be ignored.
5. When earned leave encashment is received from two or more employers – Where leave
salary or leave encashment is received by a non-Government employee from two or more
employers (may be in the same year or different years), the maximum amount of exemption
cannot exceed Rs. 3,00,000 during the lifetime of the concerned employee.
6. Other relevant points –

▪ Relief under section 89 would be admissible in respect of encashment of leave salary
by an employee while in service.
▪ Salary paid to the legal heirs of the deceased employee in respect of privilege leave
standing to the credit of such employee at the time of his/ her death is not taxable as
salary.
Problem –
N, an employee of the State Government, retires on November 30, 2017 and receives Rs.
10,00,000 as leave encashment. How much amount is taxable as Salary?
Solution:
Since N is a Government employee, Rs. 10,00,000 received as cash equivalent of leaves
standing to his credit, is fully exempt from tax.
Problem –
N was employed by XYZ Ltd. upto August 31, 2003. At the time of leaving XYZ Ltd., he was
paid Rs. 4,00,000 as leave salary out of which Rs. 80,000 was exempted from tax as per the
provisions of Income-tax Act at that time. Thereafter, he joined another private company,
ABC Ltd. and from this company, he retired on October 31, 2017 after receiving leave salary
of Rs. 5,04,000. Determine the taxable leave salary for the assessment year 2018-19 from the
following information:
Salary at the time of retirement Rs. 28,000

Salary till March 31, 2017 Rs. 25,000
Salary after March 31, 2017 Rs. 28,000
Duration of service 14 years 11 months
Leave entitlement for every year of service 60 days
Leave availed while in service 300 days
Leave at the credit of employee at the time of retirement
[(14*60 - 300÷30] 18 months
Leave salary paid at the time of retirement (18*Rs. 28,000) 5,04,000
Solution:
The amount of taxable leave salary for the assessment year 2018-19 is computed as follows:
N has retired from ABC Ltd., a private sector company, on October 31, 2017.
37
Out of Rs. 5,04,000 received as leave salary, least of the following four points is exempt from
tax:
a. Earned leave (in number of months) standing to the
credit*Average monthly salary [i.e., 4*Rs. 27,100] Rs. 1,08,400
b. 10*Average monthly salary [i.e., 10*Rs. 27,100] Rs. 2,71,000
c. Amount specified by the government
(Rs. 3,00,000 minus amount exempted earlier)
[i.e., Rs. 3,00,000 – Rs. 80,000] Rs. 2,20,000
d. Leave encashment actually received at the time of retirement Rs. 5,04,000
Rs. 1,08,400, being the least, is exempt from tax and thus, taxable leave salary is Rs. 3,95,600
(Rs. 5,04,000 – Rs. 1,08,400).
Notes:
1. Calculation of leaves (in number of months) standing to the credit:
Leave entitlement (must not exceed 1 month for actual service) 14 months
Less: Leave actually availed 10 months
Leave at the credit 4 months
2. Calculation of average monthly salary:

Basic salary (Rs. 25,000*3 + Rs. 28,000*7) Rs. 2,71,000
Add: DA (forming part) Nil
Add: Commission based on percentage of turnover Nil
Total salary of 10 months Rs. 2,71,000
Average monthly salary Rs. 27,100
3. While completed actual years of service, any fraction of the year is ignored.
4. N can claim relief under section 89 in respect of Rs. 3,95,600.
Gratuity –
Gratuity is generally payable to an employee at the time of cessation (i.e., retirement, death,
termination, resignation or on his becoming incapacitated prior to the retirement) of
employment in appreciation of the past services rendered by him.
Tax treatment – The tax treatment is given below:

Status of employee Taxability
Government employee It is fully exempt from tax
Covered by the Payment of See the provisions given below
Non-Government Gratuity Act, 1972
employee Not covered by the Payment see the provisions given below
of Gratuity Act, 1972
Government employees receiving gratuity at the time of retirement – In case of Government

employees (including employees of local authority but not employees of a statutory
corporation), amount of death-cum retirement gratuity received is fully exempt from tax.
Non-Government employees covered by the Payment of Gratuity Act, 1972 – In such cases,
least of the following amount is exempt from tax:
38
a. 15 days salary (7 days salary in the case of employees of a seasonal establishment)
based on salary last drawn for every completed year of service or part thereof in
excess of 6 months.
For example, if service is rendered for 20 years and 6 months, then we have to take 20
years.
b. Rs. 10,00,000 being the amount specified by the Government
c. Gratuity actually received
Notes:
1. Relief under section 89 – Gratuity in excess of the aforesaid limits is taxable in the hands
of the assessee. However, the assessee can claim relief under section 89.
2. Salary for this purpose means – Salary last drawn by an employee and dearness allowance
(whether forming part or not) but does not include any bonus, commission, etc.
3. Calculation of 15 days’ salary – Salary of 15 days is calculated by dividing salary last

drawn by 26 i.e., the maximum number of working days in a month.
For example, if monthly salary at the time of retirement is Rs. 3,000, 15 days salary would
come to Rs. 1,730.77 (Rs. 3,000/26*15).
Problem –
N, an employee of XYZ Co. Ltd., receives Rs. 91,000 as gratuity. He is covered by the
Payment of Gratuity Act, 1972. He retires on January 23, 2018 after rendering service of 38
years and 11 months. At the time of retirement his monthly basic salary and dearness
allowance was Rs. 2,400 and Rs. 800, respectively. What amount of gratuity is exempt from
tax?
Solution:
Employee receives gratuity at the time of retirement and he is covered by the Payment of
Gratuity Act, 1972.
Therefore, out of Rs. 91,000 received as gratuity, least of the following is exempt from tax:
a. Rs. 91,000 (Gratuity actually received)
b. Rs. 10,00,000 (amount specified by the Government)
c. Rs. 72,000 [Rs. 1,846.15*39] (15 days salary for each completed year of service in
excess of 6 months)
Rs. 72,000, being the least, is exempt from tax. Taxable amount is Rs. 19,000 (Rs. 91,000 -
Rs. 72,000)
Note:
1. Calculation of salary –
Basic salary Rs. 2,400
Add: Dearness allowance Rs. 800
Rs. 3,200
2. Calculation of 15 days salary –
Rs. 1,846.15 [Rs. 3,200/26* 15]
Non-Government employees not covered by the Payment of Gratuity Act, 1972 – In such
cases, least of the following amount is exempt from tax:
a. Half months average salary for each completed year of service
39
b. Rs. 10,00,000 minus amount exempted earlier
c. Gratuity actually received
Notes:
1. Relief under section 89 – Gratuity in excess of the aforesaid limits is taxable in the hands
of the assessee. However, the assessee can claim relief under section 89.
2. Salary for this purpose means – Basic salary (+) dearness allowance (if terms of
employment so provide) (+) commission based on fixed percentage on turnover achieved by
an employee. It is to be noted that dearness allowance/ pay shall be considered only when it is
part of salary for computing all retirement benefits (like provident fund, pension, leave
encashment, gratuity, etc.). If dearness allowance/ pay is part of salary for computing only
some (not all) of the retirement benefits, then it is not taken into consideration for this
purpose.
3. Average monthly salary – is calculated on the basis of average salary for 10 months
immediately preceding the month in which the employee has retired. For example, if a person
retires on February 19, 2018, average salary will be considered on the basis of salary drawn
from April 1, 2017 to January 31, 2018.
4. Completed/ actual years of service – While computing completed/ actual years of service,
any fraction of the year shall be ignored. The words “each year of completed service” used
for the purpose of ‘gratuity’ in are not confined to completed years of service under one
employer and have to be interpreted to mean an employee’s total service under two different
employers including employer other than one from whose service he has retired, for purposes
of calculation of period of years of his completed service, provided he was not paid gratuity
by former employer.
5. Employee – Covered under Gratuity Act 1972 or not – If nothing is mentioned whether the
employee is covered under the Payment of Gratuity Act, 1972 or not, it would be assumed
that the employee is not covered under the Payment of Gratuity Act, 1972.
Gratuity paid while in service is taxable – Any gratuity paid to an employee while he
continues to remain in service (whether or not after he has put in a minimum specified period
of service) is not exempt from tax. However, here also, assessee can claim relief under
section 89.
Gratuity received by family members after the death of the employee – If gratuity is paid after
the death of an employee, then following situations may arise:
a. When gratuity becomes due before the death of the assessee but paid after the death of
the assessee, it will be taxable (as per the provisions) in the hands of the assessee even
if it is received by his legal heirs after his death.
b. When gratuity becomes due and paid after the death of a person, then the gratuity
amount will neither be taxable in the hands of that person nor in the hands of legal
heirs of that person.
Problem –
N, who is not covered by the Payment of Gratuity Act 1972, retires on November 5, 2017
from XYZ Ltd. and receives Rs. 2,50,000 as gratuity after service of 38 years and 7 months.
His salary is Rs. 8,000 per month up to July 31, 2017 and Rs. 9,000 per month from August
40
1, 2017. Besides, he gets Rs. 500 per month as dearness allowance (69 per cent of which is
part of salary for computing all retirement benefits but 100% of dearness allowance is
considered for computing pension). Compute the exempted amount of gratuity?
Solution:
Employee receives gratuity at the time of retirement and he is not covered by the Payment of
Gratuity Act, 1972.
Therefore, out of Rs. 2,50,000 received as gratuity, least of the following is exempt from tax:
a. Rs. 2,50,000 (gratuity actually received)
b. Rs. 10,00,000 (amount specified by the Government)
c. Rs. 1,64,255 [Rs. 8,645/2*38] (half month’s salary for each completed year of
service)
Rs. 85,745, being the least, is exempt from tax. Taxable amount is Rs. 19,000 (Rs. 2,50,000 -
Rs. 1,64,255)
Notes:
1. Calculation of salary –
Since the employee is retired in the month of November, salary for 10 months will be
taken till October (the preceding month in which the employee has retired).
Basic salary:
January 2017 to July 2017 (Rs. 8,000*7) Rs. 56,000
August 2017 to October 2017 (Rs. 9,000*3) Rs. 27,000 Rs. 83,000
Add: DA (Rs. 500*10*69%) Rs. 3,450
Add: Commission based on fixed percentage Nil
Rs. 86,450
Problem –
X is a manager working with B Ltd. He retired from A Ltd. on 30 April, 1980 (salary at the
time of retirement was Rs. 2,600) and received Rs. 22,000 as gratuity of which Rs. 20,000
was exempt from tax. Finally, he retired from B Ltd on December 31, 2017 after 32 years and
8 months of service and received Rs. 4,00,000 as gratuity. His other particulars are as
follows:
a. His average basic salary for the preceding 10 months ending on December 31, 2017
is Rs. 18,200 per month.
b. Received Rs. 1,000 per month as DA since 1-1-2017 (80% forms part of salary for
retirement benefits).
c. 6% commission on sales turnover of Rs. 2,00,000 achieved by him during the
preceding 10 months ending on December 31, 2017.
Determine the amount of taxable gratuity, assuming that he is not covered by Payment of
Gratuity Act 1972 for the assessment year 2017-18.
Solution:
Out of Rs. 4,00,000 received as gratuity, least of the following is exempt from tax:
a. Gratuity actually received i.e., Rs. 4,00,000
b. Exemption limit – Amount exempted earlier i.e., Rs. 10,00,000 – Rs. 20,000 [Rs.
9,80,000]
c. Half month salary based on completed year of service i.e., Rs. 3,23,200 (Rs.
20,200/2*32)
41
Rs. 3,23,200, being the least is exempt from tax.
Taxable amount is Rs. 76,800 (Rs. 4,00,000 – Rs. 3,23,200)
Calculation of salary [February 2017 to November 2017]:

Basic salary per month Rs. 18,200
Add: DA (1,000*80%) Rs. 800
Add: Commission based on fixed percentage [2,00,000*6%*1/10] Rs. 1,200
Pension –
Pension is always given to the employee after retirement. The tax treatment of pension
received by the employee from the employer is given below –
Pension Status of employee Is it chargeable to tax

Uncommuted pension Government/ It is fully chargeable to tax
(Periodical payment) Non-Government employee
Commuted Pension Government employee (including It is fully exempt from tax
(Lump sum payment the employees of local authority
in lieu of periodical and statutory corporation)
payment) Non-Government employee See the provisions given below
Exemption of commuted pension for non-government employees depends upon the receipt of
gratuity (i.e., whether employee has received gratuity also or not):
a. In case where a non-government employee receives Gratuity –
the commuted value of one-third of the pension which he is normally entitled to
receive is exempt from tax.
b. In case where a non-government employee does not receive Gratuity –
the commuted value of one-half of such pension which he is normally entitled to
receive is exempt from tax.
Notes:
1. Assessee can claim relief under section 89 in respect of taxable pension.
2. Pension received from UNO by the employees or his family members is not chargeable to
tax.
3. Family pension received by the family members of armed forces is exempt from tax under
section 10(19) in some cases.
4. Family Pension received by family members (not being the family members of armed
forces) after the death of an employee is taxable in the hands of recipients under section 56
under the head “Income from other sources”. Standard deduction is available under section
57 which is one-third of such pension or Rs. 15,000, whichever is lower.
5. Judges of the Supreme Court and High Courts are also entitled to the exemption of the
commuted pension under section 10(10A)(i) of the Act.
42
Problem –
Determine the amount of pension taxable for the assessment year 2018-19 in the following
cases on the assumption that it becomes due on the last day of each month:
1. N receives Rs. 20,000 per month as pension from the Government of Haryana during
the previous year 2017-18.
2. N retires from XYZ Co. on June 30, 2017. He gets pension of Rs. 20,000 per month up
to January 31, 2018. With effect from February 1, 2018, he gets 60 per cent of
pension commuted for Rs. 10,71,000. Does it make any difference if he also gets
gratuity of Rs. 2,50,000 at the time of retirement?
Solution:
1. Uncommuted pension (i.e., monthly pension) received whether by a Government
employee or a non-government employee is fully taxable. So, Rs. 2,40,000 (Rs.
20,000*12) is taxable as salary for the assessment year 2018-19.
2. N is a private sector employee. Therefore, commuted pension is also chargeable to

tax.
Uncommuted pension:
From July 2017 to January 2018 (Rs. 20,000*7) Rs. 1,40,000
For Feb. 2018 and March 2018 (Rs. 20,000*40%*2) Rs. 16,000
Rs. 1,56,000
Commuted pension: Received Rs. 10,71,000
Situation 1: If the employee does not receive gratuity:

Commuted value of full pension (Rs. 10,71,000/60%) Rs. 17,85,000
Exempted amount is ½ of Rs. 17,85,000 Rs. 8,92,500
Taxable commuted pension (Rs. 10,71,000 – Rs. 8,92,500) Rs. 1,78,500
Total taxable pension in case employee does not receive gratuity is Rs. 1,56,000
(commuted) + Rs. 1,78,500 (uncommuted pension) Rs. 3,34,500
Situation 2: If the employee receives gratuity:

Commuted value of full pension (Rs. 10,71,000/60%) Rs. 17,85,000
Exempted amount is 1/3 of Rs. 17,85,000 Rs. 5,95,000
Taxable commuted pension (Rs. 10,71,000 – Rs. 5,95,000) Rs. 4,76,000
Total taxable pension in case employee does not receive gratuity is Rs. 1,56,000
(commuted) + Rs. 4,76,000 (uncommuted pension) Rs. 6,32,000
Pension scheme in case of an employee joining Central Government or any other

employer on or after January 1, 2004:
National Pension Scheme (NPS) is applicable to new entrants to Government service or any
other employer. Even a self-employed person can join NPS. As per the scheme, it is
mandatory for persons entering the service on or after January 1, 2004, to contribute 10% of
salary every month towards NPS. A matching contribution is required to be made by the
employer to the said account. The tax treatment under the new scheme is as follows –
a. Contribution by the employer to NPS is first included under the head “Salaries” in
hands of the employee and then deduction is also available under section 80CCD(2)
for such contribution (shown in the table given below).
43
b. Taxability of amount received from NPS –
i. Partial withdrawal from NPS (to the extent it does not exceed 25% of an
employee’s contribution) is exempt from tax.
ii. When pension is received out of NPS, it will be chargeable to tax in the hands of
the recipient.
iii. In case of closure of account or on his opting out of the NPS scheme, 60% of the
amount received by the assessee is taxable.
iv. If received amount mentioned in point (i) and (ii) above is utilized for purchasing
an annuity plan in the same previous year, then the received amount mentioned in
point (i) and (ii) above is exempt from tax. However, pension received out of this
annuity plan is chargeable to tax.
c. Exemption of amount received from NPS –

The whole amount received by the nominee from NPS on death of the assessee is
exempt from tax.
d. No deduction will be allowed under section 80C in respect of amounts on which

deduction has been claimed under section 80CCD.
e. “Salary” for the above purpose of NPS means basic salary + dearness allowance
(forming part) + commission based on fixed percentage of turnover achieved by the
employee.
f. Deduction for contribution towards NPS is available under section 80CCD which is
explained below in detail:
Provisions Maximum deduction Cumulative maximum

deduction
Section 80C (Investments) Rs. 1,50,000
Section 80CCC (Pension Fund) Rs. 1,50,000
Section 80CCD(1) 10% of salary (if a salaried Rs. 1,50,000
[i.e., employee’s contribution or individual)/ 20% of GTI [Section 80CCE]
assessee’s contribution towards NPS] (if a non-salaried
individual)
Section 80CCD(1B) Rs. 50,000 Not Applicable
[i.e., employees contribution or
assessee’s contribution towards NPS]
Section 80CCD(2) 10% of salary Not Applicable
[i.e., employer’s contribution towards
NPS]
Problem –
X is employed (since 2010) by the Central Government (or any other employer). During the
previous year 2017-18, he gets Rs. 30,000 per month as salary and Rs. 10,000 per month as
dearness allowance (60% is considered for retirement benefits). Employer contributes Rs.
45,000 towards NPS. X, however, annually contributes Rs. 55,000. Income from other
sources of X is Rs. 9,00,000. X deposits every year Rs. 90,000 in PPF. X is also eligible for a
deduction of Rs. 25,000 under section 80CCC. Compute the taxable income of X for the
assessment year 2018-19.
44
Solution:
Amount (Rs.)
Basic salary 3,60,000
Dearness allowance 1,20,000
Employers contribution towards NPS 45,000
Gross salary 5,25,000
Less: Deductions U/S 16:
Entertainment Allowance [Sec. 16(ii)] Nil
Professional tax Nil
Income from salaries 5,25,000
Less: Deductions U/S 80C 90,000
80CCC 25,000
80CCD(1) 5,000* 1,20,000
80CCD(1B) 50,000
80CCD(2) 43,200
Working notes:
1. X’s contribution towards NPS is Rs. 55,000. Out of this, Rs. 50,000 is allowed under
section 80CCD(1B) and remaining Rs. 5,000 can be claimed under section 80CCD(1)
but subject to a maximum of 10% of salary of Rs. 4,32,000.
2. Employer’s contribution towards NPS is Rs. 45,000 but subject to a maximum of 10%
of salary of Rs. 4,32,000 is allowed as deduction under section 80CCD(2).
3. Maximum deduction under section 80C, 80CCC, 80CCD(1) [employees contribution]

collectively cannot exceed Rs. 1,50,000.
4. Section 80CCD(2) is regarding employers contribution.
Another way of attempting this question:

Amount (Rs.)
Dearness allowance 1,20,000
Employers contribution towards NPS 45,000
Less: Deductions U/S 16:
Entertainment Allowance [Sec. 16(ii)] Nil
Professional tax Nil
Income from salaries 5,25,000
Less: Deductions U/S 80C 90,000
80CCC 25,000
80CCD(1) 43,200* 1,50,000
45
80CCD(1B) [55,000 – 43,200] 11,800
80CCD(2) 43,200
Working notes:
1. X’s contribution towards NPS is Rs. 55,000. Out of this, Rs. 43,200 (10% of
4,32,000) should be utilised towards section 80CCD(1) and remaining Rs. 11,800
[55,000 – 43,200] can be utilised towards section 80CCD(1B).
2. Employer’s contribution towards NPS is Rs. 45,000 but subject to a maximum of 10%
of salary of Rs. 4,32,000 is allowed as deduction under section 80CCD(2).
3. Maximum deduction under section 80C, 80CCC, 80CCD(1) [employees contribution]

collectively cannot exceed Rs. 1,50,000.
4. Section 80CCD(2) is regarding employers contribution.
Note:
The question can be attempted in any of the two ways. There is no clarity from Income Tax
Department whether amount contributed by the employee towards NPS for the purpose of
section 80CCD(1B) is over and above 10% of salary or not. However, the author is of the
view that till 10% of salary, employees contribution towards NPS shall be utilised for section
80CCD(1) and the employees contribution towards NPS over and above 10% of salary
should be utilised for the purpose of section 80CCD(1B) but subject to a maximum of Rs.
50,000.
Compensation received at the time of voluntary retirement [Sec. 10(10C)] –

Compensation received/ receivable at the time of voluntary retirement is exempt from tax
upto Rs. 5,00,000 if few conditions are satisfied. One of the conditions is the amount payable
on account of voluntary retirement or voluntary separation of the employees should not
exceed:
a. the amount equivalent to 3 months’ salary for each completed year of service; or
b. salary at the time of retirement multiplied by the balance months of service left before
the date of his retirement on superannuation,
whichever is more.
In this case, relief under section 89 is not available.
Retrenchment Compensation [Sec. 10(10B)] –

Compensation received by a workman at the time of his retrenchment is exempt from tax to
the least of the following amounts –
a. Rs. 5,00,000 (amount specified by the Government);
b. 15 days average pay for every completed year of service or part thereof in excess of 6
months;
c. Amount actually received.
In this case, relief under section 89 is available.
46
Provident Funds –
Provident fund scheme is a retirement benefit scheme. Under this scheme, a set sum is
deducted from the salary of the employee as his contribution towards the fund. The employer
also, generally, contributes simultaneously the same amount out of his pocket to the fund.
The employee’s and employer’s contributions are then invested securities and interest earned
thereon is also credited to the provident fund account of the employees. The accumulated
sum is paid to the employee at the time of his retirement. In the case of death of an employee,
accumulated balance is paid to his legal heirs.
Following are the different types of provident funds –

1. Statutory provident fund – This fund is set up under the provisions of the Provident Funds
Act, 1925. This fund is maintained by the Government and the Semi-Government
organizations, local authorities, railways, universities and recognized educational institutions.
2. Recognized provident fund – A provident fund scheme to which the Employee’s Provident
Fund and Miscellaneous Provisions Act, 1952 applies is recognized provident fund. As per
this Act, any establishment employing 20 or more persons is covered by this Act
(establishments employing less than 20 persons can also join the provident fund scheme if the
employer and employees want to do so).
3. Unrecognized provident fund – If a provident fund is not recognized by the Commissioner

of Income-tax, it is known as unrecognized provident fund.
4. Public provident fund – The Central Government has established the public provident fund
for the benefits of general public to mobilize personal savings. Any member of the public
(whether a salaried employee or a self-employed person) can participate in the fund by
opening a provident fund account at the State Bank of India or its subsidiaries or other
nationalized banks. Even a salaried employee can simultaneously become member of
employees’ provident fund (whether statutory, recognized or unrecognized) and public
provident fund. Any amount (subject to a minimum of Rs. 500 and maximum of Rs. 1,50,000
per annum) may be deposited under this account. The accumulated sum is payable after 15
years (it may be extended). Interest on this fund is credited every year but payable at the time
of maturity.
Tax treatment of different types of provident funds –

Situations Statutory Recognized Unrecognized Public
Provident Provident Fund Provident Fund Provident
Fund (SPF) (RPF) (UPF) Fund
(PPF)
Employer’s Exempt from Exempt up to 12% of Exempt from tax Employer
contribution tax salary. does not
to provident Excess of employer’s contribute
fund contribution over
12% of salary is
taxable.
Interest Exempt from Exempt from tax if Exempt from tax Exempt
credited to tax rate of interest does from tax
provident not exceed 9.5%;
fund excess of interest
over this rate is
47
Situations Statutory Recognized Unrecognized Public
Provident Provident Fund Provident Fund Provident
Fund (SPF) (RPF) (UPF) Fund
(PPF)
taxable.
Lump sum Exempt from Exempt from taxes in Employer’s Exempt
payment at tax some cases given contribution and from tax
the time of below§. When not interest thereon is
retirement or exempt, provident taxable under the
termination of fund will be treated head “Salary”.
service as an unrecognized However, payment
fund from the received in respect of
beginning. employee’s own
contribution is
exempt from tax.
Interest on
employee’s
contribution is
taxable under the
head “Income from
other sources”.
Salary for this purpose means – Basic salary (+) dearness allowance/ dearness pay (if terms
of employment so provide) (+) commission based on fixed percentage of turnover achieved
by an employee.
It is to be noted that dearness allowance/ pay shall be considered only when it is part of salary
for computing all retirement benefits (like provident fund, pension, leave encashment,
gratuity, etc.). If dearness allowance/ pay is part of salary for computing only some (not all)
of the retirement benefits, then it is not taken into consideration for this purpose.
§ Cases in which lump sum payment (RPF) is exempt –

1. If the employee has rendered continuous service with his employer for a period of 5 years
or more. If accumulated balance includes any amount transferred from his individual account
in any other recognized provident fund(s) maintained by his former employer(s), then, in
computing the period of 5 years, the period(s) for which the employee rendered continuous
service to his former employer(s) is also to be included; or
2. If the employee is not able to fulfil the conditions of such continuous service due to his
service having being terminated by reason of his ill-health or by reason of the contraction or
discontinuance of the employer’s business or due to some other reason beyond the control of
the employee; or
3. If the employee has resigned before completion of 5 years but he joins another employer
(who maintains recognized provident fund and provident fund money with the current
employer is transferred to the new employer).
4. If the entire balance standing to the credit of the employee is transferred to employee’s
account under a pension scheme referred to in section 80CCD and notified by the Central
Government (i.e., NPS).
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Problem –
X retires on June 30, 2017. He submits the following information –
Basic salary (since January 2017): Rs. 20,000 per month, dearness allowance: Rs. 6,000 per
month (1/3 of which is part of salary for retirement benefits), employer’s contribution
towards provident fund: Rs. 3,000 per month (X makes a matching contribution); interest
credited at the rate of 15 per cent on May 31, 2017: Rs. 7,500; pension after retirement: Rs.
10,000 per month; and payment of provident fund at the time of retirement: Rs. 7,60,000 (out
of which employer’s contribution: Rs. 3,30,000, interest thereon: Rs. 44,000, X’s
contribution: Rs. 3,40,000, interest thereon: Rs. 46,000). Salary and pension become due on
the last day of each month. X has deposited the entire provident fund payment with a
company (rate of interest: 9 per cent per annum).
Find out the income of X for the assessment year 2018-19 on the assumption that the
provident fund is (a) statutory provident fund, (b) recognized provident fund, or (c)
unrecognized provident fund.
Solution:
Computation of total income of X for the assessment year 2018-19:
Particulars SPF (Rs.) RPF (Rs.) UPF (Rs.)
Basic salary (Rs. 20,000*3) 60,000 60,000 60,000
Dearness allowance (Rs. 6,000*3) 18,000 18,000 18,000
Employer’s contribution towards PF Exempt 1,080 Exempt
(Rs. 9,000 – 12% of Rs. 66,000)
Interest credited (Rs. 7,500/15*5.5) Exempt 2,750 Exempt
Pension (Rs. 10,000*9) 90,000 90,000 90,000
Lump sum payment at the time of retirement Exempt Exempt3 3,74,000
Gross salary 1,68,000 1,71,830 5,42,000
Less: Deductions under section 16 Nil Nil Nil
Net salary 1,68,000 1,71,830 5,42,000
Income from other sources (Interest) ----- ----- 46,000
Interest on company’s deposit
(Rs. 7,60,000* 9/12*9%) 51,300 51,300 51,300
Gross total income 2,19,300 2,23,130 6,39,300
Less: Deduction under section 80C 9,000 9,000 Nil
Net taxable income 2,10,300 2,14,130 6,39,300
Notes:
1. Calculation of salary for the purpose of fund –
Basic salary Rs. 60,000
DA (forming part) Rs. 6,000
Total Rs. 66,000
2. It is assumed that the employee has been doing the job with his employer for a period of 5
years or more.
Approved Superannuation Fund –

It means a superannuation fund which is approved by the Commissioner of Income-tax. Like
Provident Fund, Superannuation fund is also a scheme of retirement benefits for the
employee. These are funds, usually established under trusts by an undertaking, for the
purpose of providing annuities, etc. to the employees of the undertaking on their retirement at
49
or after a specified age, or on their becoming incapacitated prior to such retirement, or for the
widows, children or dependents of the employees in case of any employee’s earlier death.
The trust invests the money contributed to the fund in the form and mode prescribed. Income
earned on these investments shall be exempt, if any such fund is an Approved
Superannuation Fund.
Tax treatment –
1. Employer’s contribution towards an approved superannuation fund will be chargeable to
tax to the extent it exceeds Rs. 1,50,000 per annum.
2. Employee’s contribution towards such fund is exempt from tax under section 80C.
3. Interest on accumulated balance is exempt from tax.
4. Payment from the fund is not chargeable to tax in the following cases:
a. refund of contribution or any payment from fund on the death of employee (i.e.,
payment to widow); and
b. lump sum payment by way of commutation of annuity to the employee on his
retirement.
5.6 Summary
In this chapter, we have discussed the basis of charge of Salaries. Tax treatment of retirement
benefits viz., leave encashment, gratuity, pension, provident fund, etc. have been discussed.
Next two chapters of Salaries will discuss other provisions related to Salaries.
50
LESSON 5
Unit II
SALARIES - II
5.1 Objectives
5.2 Allowances
5.3 Perquisites
5.4 Valuation of different perquisites
5.5 Summary
5.1 Objectives
This chapter of salaries discusses the tax treatment of different types of allowances and some
perquisites received by the employee from the employer.
5.2 Allowances
Allowances are fixed monetary amount paid by the employer to the employee for meeting
some particular expenses. These are generally fully taxable and thus, included to compute
gross salary unless a specific exemption has been provided in respect of that particular
allowance which is received.
Allowances are divided under three categories for the purpose of taxability:
1. Fully taxable allowances;
2. Fully exempt allowances; or
3. Partially exempt allowances:
a. Exemption depending upon actual expenditure; or
b. Fixed exemption depending upon the provisions of the Act.
Fully taxable allowances –

There can be hundreds of fully taxable allowances. All those allowances which are not
covered under exempt category becomes fully taxable. Some of the common fully taxable
allowances are –
1. City compensatory allowance (CCA)
2. Tiffin allowance
3. Fixed medical allowance
4. Servant allowance
5. Dearness allowance
6. Deputation allowance
7. Lunch/ meal/ dinner/ refreshment allowance
8. Overtime allowance
9. Family allowance
10. Non-practicing allowance
11. Warden allowance
12. Planning allowance, etc.
51
Special allowances prescribed as exempt under section 10(14) –
When exemption depends upon actual expenditure by the employee –

In the case of given below six allowances, lower of the following is allowed as deduction:
▪ the amount of the allowance; or
▪ the amount utilized for the specific purpose for which allowance is given.
These allowances are as follows –

1. Travelling allowance/ Transfer allowance –
An allowance (by whatever name called) granted to meet the cost of travel on tour or on
transfer (including any sum paid in connection with transfer, packing and transportation of
personal effects on such transfer).
2. Conveyance allowance –
Conveyance allowance is exempt from tax to the extent it is utilized for performance of
official duties. It is an allowance which is granted to meet the expenditure on conveyance in
performance of duties of an office. It may be noted that any expenditure for covering the
journey between office and residence is not treated as expenditure in performance of duties of
the office.
3. Daily allowance –
An allowance whether granted on tour or for the period of journey in connection with
transfer, to meet the ordinary daily charges incurred by an employee on account of absence
from his normal place of duty.
4. Helper allowance –
An allowance (by whatever name called) to meet the expenditure on a helper where such
helper is engaged for the performance of official duties.
5. Research/ Academic allowance –

An allowance (by whatever name called) granted for encouraging the academic research and
other professional ethics.
6. Uniform allowance –
An allowance (by whatever name called) to meet the expenditure on the purchase or
maintenance of uniform for wear during the performance of duties of an office.
When exemption does not depend upon the actual expenditure –

In case of given below allowances, the amount of exemption does not depend upon the
expenditure actually incurred by the employee. Amount of exemption is –
▪ the amount of allowance; or
▪ the amount specified in rule 2BB,
whichever is lower.
1. House rent allowance [Section 10(13A) and rule 2A] –

In case of house rent allowance, least of the following amount is exempt from tax –
1. An amount equal to 50% of salary, where residential house is situated at Bombay,
Calcutta, Delhi or Madras and an amount equal to 40% of salary where residential
house is situated at any other place.
52
2. House rent allowance received by the employee in respect of the period during which
rental accommodation is occupied by the employee during the previous year.
3. The excess of rent paid over 10% of salary.
Notes:
1. Salary for this purpose means – Basic salary (+) dearness allowance (if terms of
employment so provide) (+) commission based on fixed percentage of turnover achieved by
an employee.
of the retirement benefits, then it is not to be taken into consideration for this purpose.
2. Due basis – Salary for this purpose is determined on “due” basis in respect of the period
during which rental accommodation is occupied by the employee in the previous year. It,
therefore, follows that salary of a period, other than the previous year, is not considered even
though such amount is received during the previous year and is taxable on “receipt” basis.
Likewise, salary of the period during which rental accommodation is not occupied in the
previous year, is left out of the aforesaid computations.
3. Exemption is denied where an employee lives in his own house, or in a house for which he
does not pay any rent or pays rent which does not exceed 10% of salary.
Problem –
N who resides in Gurgaon gets Rs. 60,000 per annum as basic pay. He gets Rs. 9,000 per
annum as house rent allowance, though he actually pays Rs. 14,000 per annum as rent.
During the previous year 2017-18, he receives Rs. 10,000 as advance salary of April 2018.
Calculate the amount of house rent allowance exempt from tax as well as taxable salary for
the assessment year 2018-19?
Solution:
Computation of income under the head “Salaries” for the assessment year 2018-19:
Basic pay 60,000
Advance salary 10,000
HRA [9,000 – 6,000] 3,000
Gross salary 73,000
Notes –
Out of Rs. 9,000 received as HRA, least of the following amount is exempt from tax:
a. Rs. 24,000 [40% of salary]
b. Rs. 9,000 [HRA actually received]
c. Rs. 12,000 – 10% of Rs. 60,000 [Rent paid – 10% of salary] = Rs. 6,000
Rs. 6,000, being the least is exempt per annum and Rs. 3,000 per annum is taxable.
Therefore, annual taxable house rent allowance is Rs. 3,000.
2. Entertainment allowance [Sec. 16(ii)] –

It is first included in salary income under the head “allowances” and thereafter a deduction is
given on the following basis:
53
a. In case of a Government employee, the least of the following is deductible:
- Rs. 5,000;
- 20% of basic salary; or
- Amount of entertainment allowance granted during the previous year.
Basic salary for this purpose excludes any allowance, benefit or other perquisites. Further,
amount actually expended towards entertainment (out of entertainment allowance received) is
not taken in to consideration.
b. In the case of a non-government employee (including employees of local authority

and statutory corporation), entertainment allowance is not deductible. It if fully
taxable.
3. Allowance for transport employees working in any transport system –

It is an allowance granted to an employee working in any transport system to meet his
personal expenditure during his duty performed in the course of running of such transport
from one place to another place provided that such employee is not in receipt of daily
allowance.
Amount of exemption is 70% of such allowance or Rs. 10,000 per month whichever is lower.
4. Transport allowance –
It is granted to an employee to meet his expenditure for the purpose of commuting between
office and residence. Amount of exemption is limited to Rs. 1,600 per month (Rs. 3,200 per
month in case of an employee who is blind or orthopaedically handicapped).
It is to be noted that expenditure for covering the journey between office and residence is not
treated as expenditure in performance of duties of the office.
5. Children education allowance –

Amount exempt from tax is limited to Rs. 100 per month per child up to a maximum of two
children.
6. Hostel expenditure allowance –

Amount exempt from tax is limited to Rs. 300 per month per child up to maximum of two
children.
7. Tribal/ scheduled areas allowance –

Rs. 200 per month if an employee is posted in U.P., M.P., Tamil Nadu, Karnataka, West
Bengal, Bihar, Orissa, Assam or Tripura.
8. Underground allowance –
Underground allowance is granted to an employee who is working in uncongenial, unnatural
climate in underground mines. Exemption is limited to Rs. 800 per month.
9. Highly active field area allowance –

It is granted to the members of armed forces in the nature of special compensatory highly
active field area allowance. It is exempt from tax up to Rs. 4,200 per month.
54
10. Island duty allowance –
This special allowance is granted to the members of armed forces in the nature of island
(duty) allowance in Andaman and Nicobar and Lakshadweep group of islands. It is exempt
from tax up to Rs. 3,250 per month.
11. Allowance to Government employees outside India –

Any allowance paid or allowed outside India by the Government to an Indian citizen for
rendering service outside India is wholly exempt from tax.
12. Allowance received from UNO –

Not chargeable to tax
13. Allowance to High Court and Supreme Court Judges –

Not chargeable to tax
14. Allowances to Chairman/ members of UPSC –

In the case of serving Chairman and members of UPSC, transport allowance and sumptuary
allowance are not chargeable to tax.
5.3 Perquisites
Perquisite may be defined as any casual emolument or benefit (monetary or non-monetary)

attached to an office or position in addition to salary or wages.
Definition of ‘Perquisite’ as per the Act [Section 17(2)] –

Under the Act, the term “perquisites” includes the following –
a. the value of rent-free accommodation provided to the assessee by his employer;
b. the value of any concession in the matter of rent respecting any accommodation
provided to the assessee by his employer;
c. the value of any benefit or amenity granted or provided free of cost or at concessional
rate in any of the following cases:
i. by a company to an employee who is a director thereof;
ii. by a company to an employee, being a person who has substantial interest in the
company;
iii. by any employer (including a company) to an employee to whom provisions of (i)
and (ii) above do not apply and whose income under the head “Salaries” exclusive
of the value of all benefits or amenities not provided for by way of monetary
benefits, exceeds Rs. 50,000;
d. any sum paid by an employer in respect of any obligation which but for such payment
would have been payable by the assessee;
e. any sum payable by the employer, whether directly or through a fund other than a
recognized provident fund or approved superannuation fund or a deposit-linked
insurance fund, to effect an assurance on the life of the assessee or to effect a contract
for an annuity;
55
f. the value of any specified security or sweat equity shares allotted or transferred,
directly or indirectly, by the employer, or former employer, free of cost or at
concessional rate to the assessee;
g. the amount of any contribution to an approved superannuation fund by the employer

in respect of the assessee, to the extent it exceeds Rs. 1,50,000;
h. the value of any other fringe benefits or amenity as may be provided.
Perquisites are divided under five categories for the purpose of taxability:
1. Perquisites which are taxable for specified as well as non-specified employees;
2. Perquisites which are exempt for specified as well as non-specified employees;
3. Perquisites which are taxable only for specified employees and exempt for non-
specified employees;
4. Contribution by the employer to the approved superannuation fund in respect of the

assessee to the extent it exceeds Rs. 1,50,000;
5. Specified equity or sweat equity shares allotted or transferred by the employer to the
assessee.
Specified employee –
The following employees are known as “specified employee”:
1. A director-employee – An employee, who is a director in the employer-company at any
time during the previous year, is a specified employee of the company in which he is a
director.
2. An employee who has substantial interest in the employer-company – An employee who

has a substantial interest in the employer-company at any time during the previous year is a
specified employee of the company in which he has substantial interest. A person has
substantial interest in the employer-company, if he is a beneficial owner of equity shares
carrying 20% or more voting power in the employer-company.
3. An employee drawing in excess of Rs. 50,000 – An employee (not covered by the above
two cases), whose income chargeable to tax under the head “Salaries” (exclusive of the value
of all benefits or amenities not provided by way of monetary payments) exceeds Rs. 50,000,
is a specified employee. For computing the sum of Rs. 50,000, the following are excluded or
deducted:
a. all non-monetary benefits;
b. monetary benefits which are not taxable under section 10 (for example, house rent
allowance to the extent exempt under section 10(13A) is excluded); and
c. deduction on account of entertainment allowance and professional tax.
Where salary is received from more than one employer, the aggregate salary from these
employers will have to be taken into account for the purpose of determining the aforesaid
monetary ceiling.
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Perquisites taxable only in the hands of a specified employee –
The following perquisites are taxable only in the hands of specified employees:
▪ Service of a sweeper, gardener, watchman or personal attendant
▪ Supply of gas, electricity or water for household purposes
▪ Education facility to employee’s family members
▪ Leave travel concession (LTC)
▪ Medical facility
▪ Car or any other automotive conveyance
▪ Transport facility by a transport undertaking
Accommodation –
‘Accommodation’ includes a house, flat, farm house (or part thereof) or accommodation in a
hotel, motel, service apartment, guest-house, caravan, mobile home, ship or other floating
structure. For the purpose of valuation of this perquisite, employees are divided into two
categories:
▪ Central and State Government employees; and
▪ Private sector employees or other employees (including employees of local authority
or a foreign Government)
1. Rent-free unfurnished accommodation [Rule 3(1)] –

For Central and State Government employees –The value of perquisite in respect of
accommodation provided to such employees is equal to the licence fee which would have
been determined by the Central or State Government in accordance with the rules framed by
the Government for allotment of houses to its officers.
However, rent-free official residence provided to a Judge of a High Court or to a judge of the
Supreme Court is exempt from tax. A similar exemption is extended to an official of
Parliament, a Union Minister, a Leader of Opposition in Parliament and serving Chairman/
members of UPSC.
For private sector or other employees (including the employees of a local authority or a
foreign Government):
Population of city as per Where the accommodation is Where the accommodation is
2001 census where owned by the employer taken on lease or on rent by
accommodation is provided the employer
Exceeding 25 lakh 15% of salary in respect of
the period during which the
accommodation is occupied
by the employee
Exceeding 10 lakh but not 10% of salary in respect of Amount of lease rent paid or
exceeding 25 lakh the period during which the payable by the employer or
accommodation is occupied 15% of salary, whichever is
by the employee lower
Any other 7.5% of salary in respect of
the period during which the
accommodation is occupied
by the employee
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Notes:
1. Salary for this purpose includes – Basic salary, dearness allowance/ pay (if terms of
employment so provide), bonus, commission, fees, all other taxable allowances (excluding
amount not taxable) and any monetary payment which is chargeable to tax (by whatever
name called).
of the retirement benefits, then it is not taken into consideration for this purpose.
2. Salary does not include –

▪ employer’s contribution to provident fund account of an employee;
▪ all allowances which are exempt from tax;
▪ value of perquisites [under section 17(2)]; and
▪ lump-sum payment received at the time of termination of service or superannuation or
voluntary retirement, like gratuity, severance pay leave encashment, voluntary
retrenchment benefits, commutation of pension and similar payments.
3. Salary shall be determined on “accrual” basis – For example, advance salary of a period
other than the previous year is not included even if the same is received in the previous year.
Similarly, salary due in the previous year is included, even if it is received after the end of the
previous year. In other words, we can say that salary accrued for the period during which
rent-free accommodation is occupied by the employee will be considered whether it is
received during the previous year or not.
In all we can say that advance salary/ bonus for a period other than the previous year will not
to be included in salary for the above purpose.
4. Monetary payments which are in the nature of perquisites under section 17(2) shall not be
included. Conversely, monetary payments which are not in the nature of perquisites under
section 17(2) shall be included. For example, bonus (not being a perquisite, but being a
monetary payment) is taken into consideration. However, income tax payment of an
employee by the employer, being a monetary payment but also a perquisite is not included for
the purpose of computing salary.
5. Salary from two or more employers – Salary from all employers in respect of the period
during which an accommodation is provided will be taken into consideration.
6. Accommodation provided on transfer – Where on account of the transfer of an employee

from one place to another, he is provided with accommodation at the new place of posting
while retaining the accommodation at the other place, the value of perquisite shall be
determined with reference to only one such accommodation which has the lower value for a
period not exceeding 90 days and thereafter the value of perquisite shall be charged for both
such accommodations.
7. Exemption – The above perquisite is not chargeable to tax in respect of any

accommodation located in a ‘remote area’ [i.e., an area located at least 40 kilometres away
from a town having a population not exceeding 20,000] provided to an employee working at
a mining site or an onshore oil exploration site, or a project execution site or a dam site or
power generation site or an offshore site.
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2. Rent-free furnished accommodation (not being a hotel) –
First, find out the value of the perquisite assuming that the accommodation is unfurnished
and to the figures so arrived, add the value of furniture on the following basis –
a. 10% (p.a.) of the original cost of furniture, if furniture is owned by the employer;
b. actual hire charges (whether paid or payable) if furniture is hired by the employer.
Furniture, here, includes radio sets, televisions sets, refrigerators, air–conditioners and other
household appliances.
3. Rent-free furnished accommodation provided in a hotel –
Besides, accommodation in a hotel, it includes licensed accommodation in the nature of

motel, service apartment or guest house.
The value of perquisite shall be taken as 24% of salary paid or payable for the period during
which such accommodation is provided in the previous year or actual charges paid/ payable
by the employer to such hotel, whichever is lower.
However, in case of an accommodation provided in a hotel, nothing is chargeable to tax

(subject to the fulfilment of given below two conditions) –
1. The hotel accommodation is provided for a period not exceeding in aggregate 15 days
in a previous year and
2. Such accommodation is provided on an employee’s transfer from one place to another
place.
It is to be noted that if in the aforesaid case, the hotel accommodation is provided for more
than 15 days, then the perquisite is not taxable for the first 15 days. After that, it is chargeable
to tax.
4. Accommodation provided at concessional rent –
Accommodation may be furnished or unfurnished or it is provided in a hotel. However, if it is

provided at a concessional rent, the valuation should be made as follows –
Step 1: Find out the value of the perquisite on the assumption that no rent is charged by the
employer (as per the above stated rules).
Step 2: From the value so arrived at, deduct the rent charged by the employer from the
employee.
Problem –
A Joint Secretary in Ministry of Mines has been allotted a rent-free unfurnished flat at New
Delhi during the previous year 2017-18. Though the license fee of the flat as per Government
rules is Rs. 1,600 per month, its fair market rent is not less than Rs. 7,20,000 per annum.
Compute the value of the perquisite in respect of rent-free unfurnished flat for the assessment
year 2018-19 on the assumption that her salary is Rs. 8,80,000 per annum.
Solution:
For a Government employee, licence fee is taken as the value of rent-free unfurnished
accommodation. Market rent of the accommodation is of no use to compute the value of this
perquisite. Therefore, the taxable value is Rs. 19,200 [Rs. 1,600*12].
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Problem –
A private sector employee based at Ludhiana (population: 45 lakhs), draws Rs. 90,000 per
month as basic salary. Other allowances and benefits attached to his office are: dearness
allowance (forming part of salary for all retirement benefits): 20% of basic salary; bonus:
30% of basic salary; commission: Rs. 800 per month, transport allowance: Rs. 1,900 per
month for commuting between office and residence (actual expenditure: Rs. 290 per month);
and rent-free house (lease rent paid by the employer: Rs. 40,000 per month). Income-tax paid
by the company on behalf of N is Rs. 18,000. During the previous year 2017-18, X draws
salary of April 2018 in advance. Determine the value of the perquisite in respect of rent-free
house and also taxable salary for the assessment year 2018-19.
Solution:
Salary for the purpose of rent-free unfurnished accommodation is:
Amount (Rs.)
Basic salary (Rs. 90,000*12) 10,80,000
DA (forming part) (20% of Rs. 10,80,000) 2,16,000
Bonus (30% of Rs. 10,80,000) 3,24,000
Commission (Rs. 800*12) 9,600
Transport allowance [(Rs. 1,900 - Rs. 1,600)*12] 3,600
16,33,200
Value of rent-free unfurnished accommodation is rent paid by the employer or 15% of salary
whichever is lower. Therefore, lower of Rs. 6,00,000 (Rs. 50,000*12) or Rs. 2,44,980 (15%
of Rs. 16,33,200) i.e., Rs. 2,44,980 is the value of rent-free unfurnished accommodation.
Computation of net salary for the assessment year 2018-19:

Dearness Allowance 2,16,000
Bonus 3,24,000
Commission 9,600
Transport Allowance [(1,900 – 1,600)*12] 3,600
Value of Rent-Free Unfurnished Accommodation 2,44,980
Income tax paid the employer 18,000
Advance Salary 90,000
Gross Salary/ Net Salary 19,86,180
Problem –
N received during the previous year ending March 31, 2018, emoluments consisting of basic
pay: Rs. 1,60,000; tiffin allowance: Rs. 19,000 and reimbursement of medical expenditure:
Rs. 10,700. His employer has also provided a rent-free furnished flat in Delhi. Lease rent of
the unfurnished flat is Rs. 60,000. Some of the household appliances provided to N (with
effect from June 1, 2017) are owned by the employer (cost price of which is Rs. 36,000, date
of purchase is April 1, 2004 and written down value, as on April 1, 2017 is Rs. 8,400).
Employer pays Rs. 12,000 annually as hire charges for air-conditioners installed throughout
the previous year in rent-free flat.
Compute the value of the perquisite if:
a. N is a Government employee and Rs. 5,000 is the license fee of unfurnished flat as per
the Central Government rules;
b. N is a private sector employee;
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c. If N has been provided a hotel accommodation throughout the year (tariff being Rs.
90,000 per annum)?
Solution:
Value of furniture is:
- Owned by the employer [36,000*10%*10/12] = 3,000
- Hired by the employer = 10,000
13,000
Value of unfurnished accommodation is:
a. For a Government employee, Rs. 5,000 (being the licence fee).
b. For a non-Government employee, 15% of salary or lease rent paid, whichever is less.
Thus, 15% of (Rs. 1,60,000 + Rs. 19,000) or Rs. 60,000, whichever is less i.e., Rs.
26,850.
c. For a hotel accommodation, the value is 24% of Rs. 1,79,000 or Rs. 90,000,
whichever is less i.e., Rs. 42,960.
Employee’s obligation met by the employer –

Amount paid by the employer in respect of any obligation which otherwise would have been
payable by the employee is taxable in all cases whether the employee is specified or non-
specified.
Amount payable by the employer to effect an assurance on the life of the employee –
Amount payable by an employer, directly or indirectly, to effect an assurance on the life of
the assessee or to effect a contract for an annuity is taxable in the hands of all employees.
This rule is, however, not applicable if the employer makes contribution/ payment towards
the following:
a. RPF (up to 12% of salary of the employee);
b. Approved superannuation fund (up to Rs. 1,50,000 per annum);
c. Group insurance schemes;
d. Employee’s state insurance schemes; and
e. Fidelity guarantee schemes.
Interest-free loan or loan at concessional rate of interest –

If a loan is given by an employer to the employee (or any member of his household), it is a
perquisite chargeable to tax. Value of perquisite is computed at the rate of interest charged by
SBI as on the first day of the relevant previous year in respect of loan for the same purpose
advanced by it.
Interest is calculated on the maximum outstanding monthly balance for each loan as on the
last day of each month.
Given below are the rates of State Bank of India:

Type of loan Different limit As on April 1, 2017
(applicable for the assessment year 2018-19)
Housing loan 8.65% (8.60% for women)
Car loan 9.25% (9.20% for women)
Education loan Up to Rs. 7.5 lakh 10.00%
Above Rs. 7.5 lakh 10.75%
Personal loan 14.00% (Approx.)
In the following cases, however, the above perquisite is not chargeable to tax:
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1. If a loan is made available for medical treatment in respect of diseases specified in rule 3A
(the exemption is, however, not applicable to so much of the loan as has been reimbursed to
the employee under any medical insurance scheme; in such a case, perquisite will be
chargeable to tax from the date of receipt of insurance compensation).
2. Where the amount of original loan (or loans) does not exceed Rs. 20,000 in aggregate.
Where, however, the amount exceeds Rs. 20,000, entire amount is chargeable to tax.
Problem –
Determine the taxable value of the perquisite in the following cases:
1. N is employed by a private company. On September 1, 2017, the company gives an
interest-free housing loan of Rs. 14,00,000. Loan is repayable within 5 years.
2. N is employed by a private sector company. On April 1, 2017, he takes a personal loan of

Rs. 12,50,000 from the company. The Company recovered interest @ 8.8% per annum from
N.
3. A company gives the following interest-free loan to N, an employee of the company – Rs.
18,000 for child’s education and Rs. 2,000 for purchasing a washing machine. No other loan
is given by the company.
Solution:
1. Rate of interest of SBI for housing loan is 8.65%.
Therefore, Value of interest-free loan is = Rs. 14,00,000*8.65%*7/12
= Rs. 70,641.67
2. Rate of interest of SBI for personal loan is 14.00%.

Therefore, Value of interest-free loan is = Rs. 12,50,000*(14.0% - 8.8%)
= Rs. 65,000
3. Nothing is taxable as amount of loan does not exceed Rs. 20,000.
Use of movable assets –

The value of this perquisite is determined @ 10% p.a. of the actual cost of such asset (if the
asset is owned by the employer) or the amount of rent paid or payable (if the asset is taken on
hire by the employer).
From the value so arrived, deduct the amount received from the employee.
However, no perquisite is chargeable to tax in respect of use of computer/ laptops.
Movable assets sold by employer to its employees (or any member of his household) at a
nominal price –
The value of this perquisite is calculated as an actual cost of such asset to the employer minus
normal wear and tear at the rate given below for each completed year during which such asset
was put to use by the employer for his business purposes minus amount received from the
employee.
Following are the rates for normal wear and tear:

• Electronic items/ computers : 50% by reducing balance method (WDV)
• Motor Car : 20% by reducing balance method (WDV)
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• Any other asset : 10% of the actual cost
[Electronic item means data storage and handling devices like computer, digital diaries and
printers but does not include household appliances like mixers, washing machines, ovens,
etc.]
Problem –
Find out the taxable value of the perquisite in the following cases for the assessment year
2018-19:
1. N is given a laptop by the employer-company for using it for office and private purpose
(ownership is not transferred). Cost of the laptop to the employer is Rs. 80,000.
2. On December 15, 2017, the company gives its music system to N for domestic use.
Ownership is not transferred. Cost of music system (in 1997) to the employer is Rs. 15,000.
3. The employer sells the following assets to the employees on January 1, 2018:
Name of employee A B C
Asset sold Car Computer Fridge
Cost of the asset to employer Rs. 6,96,000 Rs. 1,17,000 Rs. 40,000
Date of purchase
(put to use on the same day) May 15, 2015 May 15, 2015 May 2015
Sale price Rs. 2,10,000 Rs. 24,270 Rs. 1,000
Before sale on January 15, 2018, these assets were used for business purposes by the
employer.
Solution:
1. Use of laptop/ computer is exempt from tax in the hands of the employee.
2. Here, the music system is owned by the employer. Thus, 10% p.a. of actual cost is the
taxable value of music system.
Thus, value in respect of movable asset = Rs. 15,000*10%*3.5/12 = Rs. 437.50
or
Rs. 15,000*10%*107/366 = Rs. 438.52
3.
Particulars Car (Rs.) Computer Fridge
(Rs.) (Rs.)
Actual cost on May 15, 2015 6,96,000 1,17,000 40,000
Less: Normal wear and tear
(May 15, 2015 to May 14, 2016) 1,39,200 58,500 4,000
WDV on May 15, 2016 5,56,800 58,500 36,000
Less: Normal wear and tear
(May 15, 2016 to May 14, 2017) 1,11,360 29,250 4,000
WDV on May 15, 2017 4,45,440 29,250 32,000
Less: Sale consideration 2,10,000 24,270 1,000
Taxable value 2,35,440 4,980 31,000
Lunch/ Refreshment, etc. –

The value of free food, tea and snacks etc. shall be as under:
Circumstances Value of perquisite
Tea or similar non-alcoholic beverages and NIL
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snacks (in the form of light refreshments)
provided during working hours
Food and non-alcoholic beverages is NIL
provided in working hours in remote area or
in an offshore installation
Food and non-alcoholic beverages is NIL, if the value thereof in either case is up
provided in working hours at any other place to Rs. 50 per meal. However, expenditure in
(other than remote area or in an offshore excess of Rs. 50 per meal should be treated
installation) i.e., either in office or business as perquisite.
premises or through non-transferable paid Amount received from the employee is
vouchers usable only at eating joints deducted to compute the taxable value of the
provided by an employer perquisite.
In any other case Actual amount of expenditure incurred by the
employer minus amount paid or recovered
from the employee
Travelling, Touring and Accommodation –

Following is the treatment in respect of travelling, touring, accommodation and any other
expenses paid by employer for any holiday availed by employee (or any member of
household) other than leave travel concession (LTC):
Where such facility is available uniformly to all employees:

Expenditure incurred by the employer minus amount recovered from the employee is the
taxable value of the perquisite.
Where such facility is not available uniformly to all employees:

Value at which such facilities are offered by other agencies to the public minus amount
recovered from the employee is the taxable value of the perquisite.
Gift, Voucher or taken –

The value of any gift, voucher or token in lieu of which gift may be received by the employee
(or by the member of his household) on ceremonial occasions or otherwise shall be
determined as the sum equal to the amount of such gift. Such gift is exempt from tax where,
the value of such gift, voucher or token, as the case may be, is below Rs. 5,000 in aggregate
during the previous year. Beyond Rs. 5,000, gift-in-kind is taxable.
However, gifts made in cash or convertible into money (gift cheques) are not exempt from
tax even if their value is less than Rs. 5,000.
Credit card –
Any expenditure incurred by the employer in respect of credit card used by the employee or
any member of his household after deducting the expenditure on use of this credit card for
official purposes is the taxable value of the perquisite. The expenditure incurred by the
employer includes the membership fees and annual fees incurred by the employee or any
member of his household, which is charged to a credit card (including any add-on-card),
provided by the employer (or otherwise paid or reimbursed by the employer).
Club expenditure –
This perquisite includes any expenditure on club facility used by the employee or any
member of his household which is paid or reimbursed by the employer. It also includes
amount of annual or periodical fees paid or payable to a club.
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The amount of expenditure incurred by the employer in respect of club facility used by the
employee or any member of his household after deducting the expenditure on use of this club
facility for official purposes is the taxable value of the perquisite.
Expenditure for official use:

The amount of expenditure incurred on use of club facility for official purposes is deductible,
provided following conditions are satisfied:
1. Complete detail in respect of such expenditure is maintained by the employer which may,
inter alia, include the date of expenditure, the nature of expenditure and its business
feasibility.
2. The employer gives a certificate for such expenditure to the effect that the same was
incurred wholly and exclusively for the performance of official duties.
The following expenditure is exempt from tax:

1. Health club, sports facilities etc. provided uniformly to all classes of employees by the
employer at employer’s premises.
2. The initial one-time deposit or fees for corporate or institutional membership, where
benefit does not remain with a particular employee after cessation of employment.
Sweat equity shares or Employees stock option plan (ESOP) –

Perquisite in respect of “sweat equity shares” or “ESOP” is chargeable to tax in the hands of
employees, provided such shares are allotted or transferred to the concerned employee after
March 31, 2009.
For the purpose of valuation of this perquisite, fair market value (FMV) of shares or
securities has to be calculated on the date on which the employee exercises the option.
Amount actually paid or recovered from the employee in respect of such shares or securities
shall be deducted.
This perquisite will be taxable in the hands of employee in the previous year in which shares
or securities are allotted or transferred to him. However, fair market value shall be calculated
on the date on which the employee exercises the option.
“Sweat equity shares” means shares issued by a company to its employees or directors at a
discount or for consideration other than cash for providing know-how or making available
rights in the nature of intellectual property rights or value additions, by whatever name called.
Such shares may be equity shares, any other shares, scrips, debentures, derivatives or units.
These may be transferred/ allotted (directly or indirectly) to the employee.
Computing fair market value of shares in case of quoted shares:

In a case where, on the date of exercise of the option, the share in the company is listed on a
recognized stock exchange in India, the fair market value shall be the average of opening
price and closing price of the share on that date on the said stock exchange. Where, however,
on the date of exercise of the option, the share is listed on more than one recognized stock
exchanges, the fair market value shall be the average of opening price and closing price of the
share on the recognized stock exchange which records the highest volume of trading in the
share. Where on the date of exercise of the option, there is no trading in the share on any
recognized stock exchange in India, the fair market value shall be the closing price of the
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share on any recognized stock exchange on a date closest to the date of exercise of the option
and immediately preceding such date.
Computing fair market value of shares in case of unquoted shares:

In a case where, on the date of exercise of the option, the share in the company is not listed
on a recognized stock exchange in India, the fair market value shall be such value of the share
in the company as determined by a merchant banker.
Domestic servants –
The value of perquisite shall be the actual cost to the employer minus amount paid by the
employee for such services.
If an employer provides a rent-free house (owned by the employer) to his employee, expenses
(inclusive of salary of a gardener) incurred by the employer on maintenance of garden and
ground attached to the house, are not taxable separately.
Gas, Electricity or Water supply –

The value of perquisite shall be the cost to the employer as reduced by the amount recovered
from the employee.
Education –
1. Any amount spent for providing free education facilities to, and training of, the
employees is not taxable.
2. Any payment of school fees of the family members of the employee directly to the
school or any reimbursement of expenditure incurred for education of the family
members of the employee is taxable as a perquisite in all cases.
3. Education facility in employer’s institute:

It means:
a. an educational institute which is owned and maintained by the employer and
educational facility is provided; or
b. an educational facility is provided in any institute by reason of employee’s
employment with the employer.
Different situations Amount chargeable to tax
Where educational facility is provided to
employee’s children:
a. If cost of education or value of such
benefit does not exceed Rs. 1,000 per
month per child (no restriction on
number of children) Nil
b. Where such amount exceeds Rs. Cost of such education in a similar institution
1,000 per month per child §1 in or near the locality minus amount paid or
recovered from the employee
Where education facility is provided to Cost of such education in a similar institution
member of his household (other than in or near the locality minus amount paid or
children) recovered from the employee
§1 A literal meaning of the line indicates that if the cost of education per child exceeds Rs.
1,000 per month, the entire cost will be the value of the perquisite. Also, the Punjab and
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Haryana High Court in the case of CIT v. Director, Delhi Public School [2011] 202 Taxmann
318 ruled that nothing is taxable if cost of education in a similar institute is equal to or less
than Rs. 1,000 per month. In case, it exceeds Rs. 1,000 per month, the entire amount is
chargeable to tax.
Leave Travel Concession in India [Section 10(5)] –

Leave travel assistance extended by an employer to an employee for going anywhere in India
along with his family is exempt according to the provisions mentioned in the table given
below:
Different situations Amount of exemption (exemption is available
only in respect of fare for going anywhere in
India along with the family twice in a block of
four years)
Where journey is performed by air Amount of economy class fare of the national
carrier by the shortest route or the amount
spent, whichever is less
Where journey is performed by rail Amount of air-conditioned first-class rail fare
by the shortest route or the amount spent,
whichever is less
Where the places of origin of journey and Same as (2)
destination are connected by rail and journey
is performed by any other mode of transport
Where the places of origin of journey and
destination (or part thereof) are not
connected by rail: First class or deluxe class fare by the shortest
a. Where a recognized public transport route or the amount spent whichever is less
exists
Air-conditioned first-class rail fare by the
b. Where no recognized public transport shortest route (as if the journey had been
exists performed by rail) or the amount actually
spent, whichever is less.
Notes:
1. Family for this purpose includes:
a. spouse and children of the employee; and
b. parents, brothers and sisters of the employee, who are wholly or mainly dependent
upon the employee.
2. Only two journeys performed in a block of four years is exempt:

Exemption of this perquisite is available in respect of two journeys performed in a block of
four calendar years. The different blocks are:
a. 2010-2013 (i.e., January 1, 2010 to December 31, 2013);
b. 2014-2017 (i.e., January 1, 2014 to December 31, 2017);
c. 2018-2021 (i.e., January 1, 2018 to December 31, 2021)
3. “Carry-over” concession:
If an assessee has not availed travel concession or assistance during any of the specified four-
year block periods on one of the two permitted occasions (or on both occasions), exemption
can be claimed in the first calendar year of the next block (but in respect of only one
journey). This is known as “carry-over” concession. In such case, exemption so availed will
67
not be counted for the purposes of claiming the future exemptions allowable in respect of two
journeys in the subsequent block.
4. Exemption is based on actual expenditure.
5. Exemption is available in respect of fare:

Exemption is strictly restricted to expenses on air fare, rail fare, bus fare etc. No other
expenditure, like scooter charges, lodging and boarding expenses etc. are qualified for
exemption.
6. Exemption is available in respect of shortest route.
Medical Facility –
The following expenses whether incurred or reimbursed by the employer are exempt from
tax:
Medical facilities in India:

1. Medical facility in employer’s hospital (including clinic, dispensary or nursing home).
2. Medical facility in a hospital maintained by Central/ State Government or by a local

authority or by any other person approved by the Government for the treatment of its
employees.
3. Treatment of prescribed disease given in rule 3A(2) in a hospital approved by the Chief
Commissioner.
4. Medical insurance premium for employees on any health insurance policy.
5. Medical facility in a private clinic not exceeding, Rs. 15,000 in aggregate in a year.
Medical facility outside India:

The amount is exempt from tax subject to the conditions given below in the table:
Perquisite not chargeable to tax Conditions to be satisfied
Medical treatment of employee or any Expenditure shall be excluded from
member of family of such employee outside perquisite only to the extent permitted by
India RBI
Cost on travel of the employee/ any member Expenditure shall be excluded from
of his family and one attendant who perquisite only in the case of an employee
accompanies the patient in connection with whose gross total income, as computed
treatment outside India before included therein the said expenditure
(i.e., travelling) does not exceed Rs.
2,00,000
Cost of stay abroad of the employee or any Expenditure shall be excluded from the
member of the family for medical treatment perquisite only to the extent permitted by
and cost of stay of one attendant who RBI
accompanies the patient in connection with
such treatment
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Family for this perquisite means:
1. the spouse and children of the individual; and
2. the parents, brothers and sisters of the individual or any one of them wholly or mainly
dependent on the individual.
Problem –
Find out the taxable value of the perquisite in respect of medical facility in the following
cases:
Y, a director in the employer company, gets medical treatment in dispensary maintained by
his employer. The expenditure on medical treatment provided to Y and his family members
during the previous year 2017-18 is as follows:
Amount (Rs.)
Y, Mrs. Y and minor child of Y 9,100
Major son of Y (not dependent upon Y) 2,700
Parents of Y (dependent upon Y) 3,000
Parents of Mrs. Y (dependent upon Y) 12,000
Brother of Y (dependent on Y) 6,000
Sister of Y (not dependent on Y) 17,000
Besides, he gets reimbursement of ordinary medical expenses paid to a private medical
practitioner:
Amount (Rs.)
Treatment of Y, Mrs. Y and their children 2,000
Treatment of father of Y 13,700
Treatment of father of Mrs. Y 3,000
Solution:
Medical treatment provided to an employee or his family members in a hospital/ dispensary
maintained by the employer is exempt from tax.
1. The amount which is exempt from tax [Rs. 9,100 + Rs. 2,700 + Rs. 3,000 + Rs. 6,000]
= Rs. 20,800
2. The amount which is not exempt from tax [Rs. 12,000 + Rs. 17,000]
= Rs. 29,000
3. Reimbursement of expenses incurred in a private clinic for the employee and his family
members is exempt from tax to the extent of Rs. 15,000.
Thus, taxable amount is Rs. 2,000 + Rs. 13,700 = Rs. 15,700 – Rs. 15,000
= Rs. 700
4. Reimbursement of expenses incurred in a private clinic is fully taxable, if the expenses

incurred are not related to the family members of the employee (Father of Mrs. Y)
= Rs. 3,000
5.5 Summary
In this chapter of salary, we have studied the tax treatment of different types of allowances
and some perquisites. Some more perquisites are discussed in the next chapter of salary.
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LESSON 5
Unit III
SALARIES - III

5.2 Deductions from salary
5.3 Summary
5.4 Exercise
Motor Car –
Taxable value of perquisite in respect of car is computed in three steps:

Step 1: Check the ownership of car
Step 2: Check who incurs the running and maintenance expenditure of car
Step 3: Check the use of car
Chart for computing the value of motor car

Ownership EmployEE EmployER
Expenses Employee EmployER EmployER EmployEE
Official use No value provided a few conditions are satisfied§
Private use Actual expenditure of the employer XX
Less: Amount recovered from the employee XX
XXX
Official Actual expenditure 1,800/ m 600/ m
as well as of the employer [≤ 1.6 ltr.] [≤ 1.6 ltr.]
personal Less: Official expense or 2,400/ m or 900/ m
use 1,800/ m [≤ 1.6 ltr.] [> 1.6 ltr.] [> 1.6 ltr.]
Not a
perquisite or 2,400/ m [> 1.6 ltr.] plus 900/ m plus 900/ m
plus 900/ m [if driver is [if driver is [if driver is
provided] provided] provided]
OR
Higher amount (if
log book is Note: Amount Note: Amount
maintained) recovered is not recovered is not
Less: Amount recovered deductible deductible
from the employee
Note:
1. If car is owned by the employer which is used for official as well as personal use and
expenses for personal purpose are incurred by the employee, perquisite value will be
done according to the provision given in this column.
2. Amount recovered from the employee is never deducted in case of car owned by the
employer and the car is used for official as well as personal purpose.
§ Conditions to be satisfied if car is used for official purposes:
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Where the employer or the employee claim that the motor-car is used wholly and exclusively
in the performance of official duty, the following two conditions should be satisfied –
1. The employer has maintained complete details of journey undertaken for official
purpose which may include date of journey, destination, mileage, and the amount of
expenditure incurred thereon.
2. The employer gives a certificate to the effect that the expenditure was incurred wholly
and exclusively for the performance of official duties.
It is to be noted that the above two conditions should also be satisfied if a car is owned by the
employee, expenses are incurred or reimbursed by the employer and the employee claims that
the expenses for official purposes is more than Rs. 1,800 per month (or Rs. 2,400 per month
if cc of car exceeds 1,600 cc).
Notes –
1. Month: ‘Month’ means complete month and a part of the month is left out of consideration.
2. The use of motor car by an employee for the purpose of going from his residence to the
place where the duties of employment are to be performed or from such place back to his
residence, is not chargeable to tax.
3. Car at concessional rate:

If motor car is provided at a concessional rate, the valuation is made according to the basis
stated above as if the employee has been provided a free motor car and the amount so
computed is reduced by the amount charged by the employer for use of motor car. However,
nothing is deductible in respect of amount recovered from the employee in the following
situations:
a. Where car is owned or hired by the employer and maintenance and running expenses
are also met or reimbursed by the employer and car is used partly for official purposes
and partly for private purposes (already discussed in the table given above).
b. Where car is owned or hired by the employer and maintenance and running expenses
are also met or reimbursed by the employee and car is used partly for official
purposes and partly for private purposes (already discussed in the table given above).
4. Where two or more cars are owned or hired by the employer and maintenance and running
expenses are also met or reimbursed by the employer, and the employee (or any member of
his household) are allowed the use of such motor-cars (or all or any of such motor-cars)
(otherwise than wholly and exclusively in the performance of his duties), in such a situation
any one car (as selected by the employee) will be treated as used partly for official and
private purposes and others would be assumed as used wholly for private purposes for the
purpose of valuation of perquisite of car.
Problem –
Find out the taxable value of the perquisite in respect of car in the following different
situations for the assessment year 2018-19:
1. X is employed by a company. He has been provided a car (1200cc) owned by the employer,
cost of the car is Rs. 4,26,000. The expenditure incurred by the company on maintenance of
the car is – petrol: Rs. 46,000; driver: Rs. 36,000 and maintenance: Rs. 10,000. The car can
be used by X partly for official purposes and partly for private purposes. A sum of Rs. 20,000
is recovered from X.
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2. Assume in situation (1) that the car is used only for private purposes.
3. A car (1800cc) is owned by the employer (cost of the car being Rs. 4,80,000). X, an
employee, can use it partly for official purposes and partly for private purposes. Expenses for
private purposes are, however, incurred by X. During the previous year 2017-18, the total
expenditure incurred by X is Rs. 80,000 on car and Rs. 10,000 on driver.
4. Assume in situation (3), the driver’s expenses are reimbursed by the employer.
5. Assume in situation (3) that the car can be used only for private purposes.
6. Assume in situation (3) that the car can be used only for private purposes and expenses on
driver is also reimbursed by the employer.
7. X owns a car (1400cc). He uses it partly for official purposes and partly for private
purposes. During the previous year 2017-18, he incurs a sum of Rs. 40,000 on running and
maintenance of car. Besides, he has engaged a driver (salary: Rs. 24,000). The employer
reimburses the entire expenditure of Rs. 64,000. Logbook of the car is not maintained.
Solution:
1. Car is owned by the employer, expenses are incurred by the employer and car is used for
official as well as personal purposes.
Taxable value is
Car (1,800*12) = 21,600
Driver (900*12) = 10,800
32,400
2. Car is owned by the employer, expenses are incurred by the employer and car is used for
personal purposes only.
Taxable value is
Depreciation (10% of 4,26,000) = 42,600
Petrol = 46,000
Driver = 36,000
Maintenance = 10,000
Expenditure incurred by the employer = 1,34,600
Less: Amount recovered from X = 12,000
1,22,600
3. In this case, car is owned by the employer which is used for official as well as personal use
and expenses for personal purpose are incurred by the employee. In such cases, perquisite
value will be done as per the provisions which are applicable for cases where car is owned by
the employer, expenses are incurred by the employee and car is used for both official as well
as personal purposes.
Taxable value is
Car (900*12) = 10,800
4. This situation is same as that of situation (3). In this case, car is owned by the employer
which is used for official as well as personal use and expenses for personal purpose are
incurred by the employee. In such cases, perquisite value will be done as per the provisions
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which are applicable for cases where car is owned by the employer, expenses are incurred by
the employee and car is used for both official as well as personal purposes.
So, taxable value is
Car (900*12) = 10,800
Driver (900*12) = 10,800
21,600
5. Car is owned by the employer, expenses are incurred by the employee and car is used for
Taxable value is
Depreciation (10% of 4,80,000) = 48,000
6. Car is owned by the employer, expenses are incurred by the employee (except driver’s
expenses because driver’s expenses are reimbursed by the employer) and car is used for
Taxable value is
Depreciation (10% of 4,80,000) = 48,000
Driver Expenses = 20,000
68,000
7. Car is owned by the employee, expenses are reimbursed by the employer and car is used
for official as well as personal purposes.
Amount reimbursed by the employer = 64,000
Less: Deduction for official use
[(1,800*12 + 900*12)] = 32,400
31,600
In this case, had logbook been maintained, deduction for official use would have been taken
as higher of Rs. 32,400 or expenses as per the log book.
Problem –
During the previous year 2017-18, ‘X’ enjoyed the following allowances/ perquisites in
addition to basic salary of Rs. 25,000 per month:
i. Car facility [1.6 litres] for private and official purposes. All expenses which are Rs.
1,68,000 (including salary of the driver) borne by employer. ‘X’ was made to pay a
token amount of Rs. 500 per month for the same.
ii. Loan of Rs. 4,00,000 [for personal purposes] @ 11.05% per annum received on 1-6-
2017. It was repayable in 5 half yearly instalments of equal amount starting from 31-
12-2017. SBI charges 17.80% for similar loans.
Compute gross salary of ‘X’ for the assessment year 2018-19.
Solution:
Computation of gross salary of X for the assessment year 2018-19:
Amount (Rs.)
Basic salary [25,000*12] 3,00,000
Car [1,800+900]*12 32,400
Loan
[4,00,000*6.75%*7/12] + [3,20,000*6.75%*3/12] 21,150
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Free transport provided by a transport undertaking to its employees –
The value of this perquisite is equal to the value at which such benefit is offered by the
employer to the public minus amount recovered from the employee.
However, nothing is chargeable to tax in the hands of employees of railways/ airlines.
Any other benefit or amenity –

It covers any other benefit or amenity, service, right or privilege provided by the employer
and it is applicable to all employees. However, it does not cover the following –
1. Perquisites already discussed above
2. Telephone/ mobile phones

Value of such perquisites shall be determined on the basis of cost to the employer under an
arm’s length transaction as reduced by the employee’s contribution, if any.
5.2 Deductions from salary
Deductions from salary are given in section 16. There are two deductions available from
gross salary –
1. Entertainment Allowance [Sec. 16(ii)]
2. Professional tax [Sec. 16(iii)]: Professional tax or tax on employment, levied by a State
under article 276 of the Constitution, is allowed as deduction. Deduction is available only in
the year in which professional tax is paid. If the professional tax is paid by the employer on
behalf of an employee, it is first included in the salary of the employee as a “perquisite” and
then the same is allowed as deduction on account of “professional tax” from gross salary.
It is to be noted that there is no monetary ceiling under the Income-tax Act. Under article 276
of the Constitution, a State Government cannot impose more than Rs. 2,500 per annum as
professional tax. However, under the Income-tax Act, whatever professional tax is paid
during the previous year is deductible.
Deductions under section 80 –

For deductions under section 80C to 80U, see the chapter “Deductions”.
5.3 Summary
This chapter of salary has discussed the valuation of different perquisites and deductions
available from gross salary. Further, practical questions have been discussed below in detail.
These questions cover the different provisions of salary discussed earlier in detail.
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Problem 1 –
X (age: 50 years) receives the following incomes from Y Ltd. during the year ending March
31, 2018:
a. Salary @ Rs. 25,000 p.m.
b. Tiffin allowance (Actual expenditure Rs. 8,000) @ Rs. 1,000 p.m.
c. Commission @ Rs. 2,000 p.m.
d. Reimbursement of ordinary medical expenditure for the treatment of X and his family
members: Rs. 30,000
e. Transport allowance @ Rs. 1,800 p.m. (Actual expenditure: Rs. 10,800)
Besides, X enjoys the following perks:

a. Unfurnished flat provided at Delhi at a nominal rent of Rs. 3,500 p.m. (Rent paid by
employer Rs. 12,000 p.m.)
b. Interest free loan for purchasing home appliances (Amount: Rs. 1,00,000; Date of
taking loan: 1-06-2015; Amount outstanding between April 2017 and Nov. 30, 2017:
Rs. 50,000 and after Nov. 30, 2017: Rs. 18,000. The SBI lending rate for similar loan
on April 1, 2017 is 18.50%.
c. The employer company sells the following assets to X on January 10, 2018:
Assets Sold Car Computer Fridge
Cost of asset to the employer Rs. 4,00,000 Rs. 60,000 Rs. 20,000
Sale price Rs. 2,00,000 Rs. 18,000 Rs. 10,000
Date of purchase of all the assets (Put to use on same day): June 10, 2015
d. He contributed 20% of his salary to a recognized provident fund account to which his
employer made matching contribution.
e. Interest @ 13% p.a. amounting to Rs. 52,000 has been credited to his aforesaid
provident fund account during the previous year on Dec. 10, 2017.
f. He donated Rs. 20,000 to National Defence Fund.
Determine the net income of Mr. X for the previous year 2017-18 relevant to the assessment
year 2018-19.
Solution:
Computation of total income of Mr. X for the assessment year 2018-19:
Tiffin allowance (fully taxable) 12,000
Commission 24,000
Medical reimbursement (30,000 – 15,000) [W.N. – 1] 15,000
Transport allowance (1,800 – 1,600)*12 [W.N. – 2] 2,400
Accommodation at concessional rent
[15% of (3,00,000 + 12,000 + 24,000 + 2,400) or 1,44,000
whichever is lower i.e., 50,760 – rent recovered i.e., 3,500*12 =
42,000] 8,760
Interest free loan (50,000*18.50%*8/12 + 18,000*18.50%*4/12) 7,277
Sale of movable asset (56,000 + Nil + 6,000) [W.N. – 3] 62,000
Contribution towards RPF (8% of 3,00,000) 24,000
Interest credited (52,000/13*3.5) 14,000
Less: Deduction under section 16 Nil
Net salary 4,69,437
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Add: Other income Nil
Less: Deduction under section 80C (20% of 3,00,000) 60,000
Deduction under section 80G 20,000
Total income (Rounded off) 3,89,440
Working notes:
1. Reimbursement of medical expenses in a private clinic is exempt upto Rs. 15,000.
2. Transport allowance is exempt upto Rs. 1,600 per month.
3. Sale of movable assets:

Particulars Car (Rs.) Computer (Rs.) Fridge (Rs.)
Actual cost 4,00,000 60,000 20,000
Less: Normal wear and tear (year 1) 80,000 30,000 2,000
WDV 3,20,000 30,000 18,000
WDV 2,56,000 15,000 16,000
Taxable value 56,000 Nil 6,000
4. Donation to National Defence Fund is allowed as 100% deduction under section 80G.
Problem 2 –
Mr. X (age 56 years) is a Manager of a company in Delhi. He retires from service on
December 31, 2017 after 28 years and 9 months of service. Other details are as follows for
the previous year ending 31st March, 2018:
a. Basic salary Rs. 8,000 p.m.
b. House rent allowance Rs. 3,000 p.m. Rent paid by Mr. X Rs. 2,500 p.m.
c. Lunch allowance Rs. 100 per day for 80 days when Mr. X was on field duty.
d. Reimbursement by the company of salary of a watchman and a sweeper Rs. 1,200
p.m. each who are the employees of Mr. X.
e. He receives Rs. 2,00,000 as gratuity. He was drawings a salary of Rs. 8,000 p.m.
since January 1, 2017.
f. After retirement he is in receipt of pension @ Rs. 3,500 p.m. On March 1, 2018 he
gets one half pension commuted for Rs. 1,50,000.
g. During the previous year he deposited Rs. 70,000 in public provident fund. He paid
the life insurance premium Rs. 4,000 (sum assured Rs. 50,000) on the policy taken on
the life of his married son.
His income from other sources is Rs. 1,50,000. Compute his taxable income and tax liability
for the assessment year 2018-19.
Solution:
Basic salary 72,000
HRA (27,000 – 15,300) [W.N. – 1] 11,700
Lunch allowance (100*80) 8,000
Watchman and sweeper (2,400*9) 21,600
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Gratuity (2,00,000 – 1,12,000) [W.N. – 2] 88,000
Uncommuted pension 8,750
Commuted pension (1,50,000 – 1,00,000) [W.N. – 3] 50,000
Net salary 2,60,050
Add: Other income 1,50,000
Working notes:
1. HRA exemption:
a. 36,000 [50% of salary]
b. 27,000 [HRA actually received]
c. 22,500 – 7,200 = 15,300 [Rent paid minus 10% of salary]
Rs. 15,300, being the least, is exempt from tax.
2. Gratuity exemption:
If nothing is mentioned, then we have to assume that the employee is not covered
under Payment of Gratuity Act, 1972:
a. (28*1/2*80,000/10) = 1,12,000 [Half month average salary]
b. 10,00,000 [Amount specified by the Government]
c. 2,00,000 [Gratuity actually received]
Rs. 1,12,000, being the least, is exempt from tax.
3. Commuted pension exemption:

50% of commuted value = 1,50,000
Therefore, full value = 3,00,000
Amount exempt is 1/3rd of full value because employee received gratuity also
Therefore, amount exempted is 3,00,000*1/3 = Rs. 1,00,000
Problem 3 –
X was general manager of ABC Ltd. He retired from service on 31-12-2017 after 30 years
and 7 months of service. The following information has been provided by him:
a. Salary Rs. 18,000 p.m. from 1-1-2017.
b. House rent allowance Rs. 10,000 p.m. From 1-1-2017, he lived in his own house.
c. Medical allowance Rs. 2,400 p.m.
d. Rs. 11,200 being the cost of first class rail-ticket for X and his family for their visit to
their home town were reimbursed by the employer.
e. A car of 1.4 litres engine cubic capacity is provided by the company for official and
personal use and all expenses of running and maintenance of car and salary of the
driver are borne by the employer.
f. X contributes 20% of his salary to a recognized provident fund and the employer
contributes 10%.
g. He has invested Rs. 10,000 in National Savings Certificate VIII Issue and Rs. 10,000
in PPF account. He paid Rs. 8,000 towards life insurance premium.
h. He received Rs. 2,70,000 as gratuity. His salary for the preceding years were as
under:
- Year ending 31-12-2014: Rs. 1,68,000
77
- Year ending 31-12-2015: Rs. 1,80,000
- Year ending 31-12-2016: Rs. 1,88,000
i. He received Rs. 2,16,000 for encashment of leave for twelve months unavailed leave.
He was entitled to one month’s leave for every year of service.
Compute his taxable income for the assessment year 2018-19.
Solution:
HRA 90,000
Medical allowance 21,600
Car (1,800 + 900)*9 24,300
Gratuity (2,70,000 – 2,70,000) [W.N. – 1] Nil
Leave salary (2,16,000 – 1,80,000) 36,000
Net salary 3,33,900
Less: Deduction under section 80C (32,400 + 10,000 + 10,000 + 8,000) 60,400
Working notes:
1. Gratuity exemption:
a. (30*1/2*18,000) = 2,70,000 [Half months average salary]
b. 10,00,000 [Amount specified by the Government]
c. 2,70,000 [Gratuity actually received]
2. Leave encashment exemption:

a. 12*18,000 = 2,16,000 [Leave salary based on the leave at the credit of employee]
b. 10*18,000 = 1,80,000 [10 months salary]
c. 3,00,000 [Amount specified by the Government]
d. 2,16,000 [Leave encashment actually received]
Problem 4 –
X (age 54 years), a director of LMN (P) Ltd., receives the following emoluments during the
previous year relevant for the assessment year 2018-19:
Basic salary: Rs. 1,80,000; Dearness allowance: Rs. 24,000 (not forming part of basic pay);
commission @ 1% of turnover (turnover achieved by X during the previous year 2017-18: Rs.
10,00,000); arrears of the bonus of the previous year 2013-14: Rs. 6,000 (not taxed earlier);
employer’s contribution towards RPF: Rs. 30,000; interest credited in provident fund
account @ 13.5% on April 3, 2017: Rs. 900; conveyance allowance: Rs. 1,200 (60% of which
is utilized for official purposes); education allowance for X’s three sons @ Rs. 183.33 per
month per child: Rs. 6,600; rent-free furnished house in Calcutta (lease rent of unfurnished
house paid by the employer: Rs. 90,000; rent of furniture: Rs. 12,000); free services of
gardener, cook and watchman (salary: Rs. 3,000, Rs. 4,000, Rs. 5,000 respectively). On
March 10, 2018, LMN (P) Ltd. sells imported furniture to X for Rs. 20,000 (the furniture was
purchased by the company on June 30, 2012 for Rs. 6,10,000 and since then it was used for
78
business purposes). He runs a business. During the previous year, income from business is
Rs. 5,40,000.
He makes the following payments during 2017-18:
a. Own contribution to RPF: Rs. 32,000
b. Deposit in Home Loan Account of National Housing Bank: Rs. 4,000 (including
advance deposit of Rs. 1,000)
c. Contribution to NSC VIII issue: Rs. 24,000
Determine the net income and tax liability for the assessment year 2018-19.
Solution:
Computation of Net taxable income of X for the assessment year 2018-19:
Dearness allowance (not forming part) 24,000
Commission (Rs. 10,00,000*1%) 10,000
Arrears of bonus of the previous year not taxed earlier 6,000
Employer’s contribution to RPF (Rs. 30,000-12% of Rs. 1,90,000) 7,200
Interest credited to RPF (Rs. 900/13.5*4) 267
Conveyance allowance (Rs. 1,200 - 60% of Rs. 1,200) 480
Education allowance (Rs. 6,600 - Rs. 100*2*12) 4,200
Rent free furnished house [W. N.] 41,202
Salary of Gardener 3,000
Salary of Cook 4,000
Salary of Watchman 5,000
Sale of furniture
(Rs. 6,10,000 - dep. for 5 years i.e., Rs. 3,05,000 - Rs. 20,000) 2,85,000
Gross salary/ Net salary 5,70,349
Add: Income from business 5,40,000
Less: Deduction under section 80C (Rs. 32,000 + Rs. 4,000 + Rs. 24,000) 60,000
Net taxable income (Rounded off) 10,50,350
Computation of tax liability:

Tax liability [Rs. 1,12,500 + 30% (Rs. 10,50,350 – Rs. 10,00,000)] Rs. 1,27,605
Add: EC @ 2% Rs. 2,552
Add: SHEC @ 1% Rs. 1,276
Total tax liability (Rounded off) Rs. 1,31,430
Working note for RFA:

Calculation of salary for RFA:
Rs. 1,80,000 + Rs. 10,000 + Rs. 480 + Rs. 4,200 = Rs. 1,94,680
15% of Rs. 1,94,680 or Rs. 90,000 whichever is less = Rs. 29,202
Add: Furniture = Rs. 12,000
Rs. 41,202
Problem 5 –
Mr. R (age 48 years) is the manager of a private company at Delhi since March 1, 2014. He
is in grade of Rs. 10,000 – 500 – 20,000, plus a dearness allowance @ 20% of his basic pay,
half of which enters into retirement benefits. He contributes 15% of his salary to RPF to
which his employer contributes an equal amount. During the previous year, he took a loan of
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Rs. 2,00,000 from his provident fund for his daughter’s marriage out of which he repaid Rs.
20,000 during the year by way of deduction from his salary.
He has been provided with a rent-free house for which the company pays rent of Rs. 84,000
p.a. He is getting a transport allowance of Rs. 3,800 p.m. He is also getting a fixed medical
allowance of Rs. 2,000 p.m. and a tiffin allowance of Rs. 2,000 p.m. His club bills of Rs.
20,000 were also paid by the company.
He received Rs. 11,000 by way of encashment of leave on March 31, 2018. He has been
provided with the facility of a gardener and a cook who are paid each Rs. 1,500 p.m. by the
employer. He is also provided with a laptop costing Rs. 1,00,000 for use.
Two children of Mr. R are studying in the school run by the employer for which no fees are
paid. Expenditure per student is Rs. 1,500 per month.
His salary falls due on the first day of next month.
His other incomes are:
Dividend from Reliance Industries Rs. 10,000
Long-term capital gain Rs. 20,000
Bank interest Rs. 41,530
He contributed Rs. 20,000 for Prime Minister’s National Relief Fund. He further paid Rs.
10,000 towards medical treatment of his dependent son who is a person with disability. He
also paid LIC premium on the life of his major son Rs. 12,000 on a policy of Rs. 50,000
(policy is taken during 2012-13).
Compute his total income and tax payable for the assessment year 2018-19.
Solution:
Computation of total income of R for the assessment year 2018-19:
Basic salary (11,500*12) 1,38,000
DA (20% of 1,38,000) 27,600
Employer’s contribution in RPF (3% of 1,51,800) 4,554
Rent free accommodation 33,930
Transport allowance (3,800 – 1,600)*12 26,400
Medical allowance 24,000
Tiffin allowance 24,000
Club facility 20,000
Leave salary 11,000
Gardener 18,000
Cook 18,000
Education facility (1,500 – 1,000)*2*12 12,000
Net salary 3,57,484
Long-term capital gains 20,000
Dividend from Reliance Ltd. Exempt
Bank interest 41,350
Less: Deduction under section 80C (15% of 1,51,800 + 5,000) 27,770
Deduction under section 80DD 75,000
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Problem 6 –
Mr. Garg, an employee of PQR Co. Ltd. at Chennai and covered by Payment of Gratuity Act,
1972, retires at the age of 63 years on 31-12-2017 after completing 34 years and 7 months of
service. At the time of retirement, he is entitled for monthly pension of Rs. 40,000. He gets
80% of pension commuted for Rs. 9,00,000 on 1st February, 2018. His employer also pays
Rs. 20,51,640 as Gratuity and Rs. 6,00,000 as accumulated balance of Recognized Provident
fund. Determine the salary chargeable to tax for Mr. Garg for the assessment year 2018-19
with the help of following information:
Basic Salary (Rs. 80,000 × 9) 7,20,000
Bonus 72,000
Employer contribution towards Recognized Provident Fund 1,10,000
Rent paid by Mr. Garg (Rs. 12,000 x 12) 1,44,000
House Rent Allowance (Rs. 20,000 x 9) 1.80,000
Professional Tax paid by Mr. Garg 5,000
Note: Salary and Pension falls due on the last day of each month.
Solution:
Computation of Salary income of Mr. Garg for the assessment year 2018-19:
Basic Salary (Rs. 80,000*9) 7,20,000
Bonus 72,000
Employer contribution towards Recognized Provident Fund 23,600
[1,10,000 – 86,400 (12% of 7,20,000)]
Accumulated balance of RPF Exempt
House Rent Allowance (W. N. – 1) 1,44,000
Gratuity (W.N. – 2) 10,51,640
Pension:
Uncommuted [40,000*1 + (40,000*20% = 8,000*2)] 56,000
Commuted [9,00,000 – 3,75,000 (9,00,000/80%*1/3)] 5,25,000
Less: Professional tax paid [it cannot be more than Rs. 2,500] 2,500*
Income from Salary 25,89,740
Working Notes:
1. Calculation of HRA exemption:
Least of the following is exempt:
a. 40,000 [50% of 80,000] i.e., 50% of salary
b. 20,000 i.e., HRA received
c. 4,000 [12,000 – 8,000 (10% of 80,000)] i.e., Rent paid – 10% of salary
Rs. 4,000, being the least is exempt per month.
Taxable HRA:
Received [20,000*9] 1,80,000
Less: Exempt [4,000*9] 36,000 1,44,000
2. Calculation of Gratuity exemption:

a. 16,15,385 [80,000*15/26 = 46,153.85*35] i.e., 15 days salary
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b. 10,00,000 i.e., amount notified
c. 20,51,640 i.e., gratuity received
Rs. 10,00,000, being the least is exempt and thus taxable is Rs. 10,51,640 [20,51,640
– 10,00,000].
Problem 7 –
Mahesh is a Finance Executive at X Ltd. His Income details are as follows:
Basic salary (per month) Rs. 3,00,000
Dearness allowance (forming art of salary) 30% of basic
salary
Transport allowance (for commuting between place of residence per month Rs. 3,600
and office) per month
Motor car naming and maintenance charges fully paid by employer (The Rs. 40,000
motor car is owned and driven by Mahesh. The engine cubic capacity of car is
below 1.60 litres. The motor car is used both for official and personal purpose
by Mahesh)
Rent Free Furnished Accommodation provided by the employer in Delhi.
- Cost of furniture Rs. 1,00,000
- Two Air conditioners taken on hire by the employer and installed in
the accommodation. Hire Charges of each air conditioner is Rs. 2,000
per annum
Expenditure on accommodation in hotels while touring on official duties met Rs. 30,000
the employer
Cost of Computer provided by the employer to Mahesh from 1.10.2017 Rs. 50,000
Interest on saving bank account with PNB Rs. 8,000
Interest on post office saving bank Rs. 5,000
Mahesh made the following payments:

Tuition fee paid for 2 children studying post-graduation courses at Madras Rs. 1,60,000
University
Donation to Government for promoting family planning Rs. 50,000
Medical Insurance premium paid by cash Rs. 5,000
Medical Insurance premium paid by cheque Rs. 22,000
From the above, compute his total income for the assessment year 2018-19.
Solution:
Computation of total income of Mahesh for the assessment year 2018-19:
Basic salary (3,00,000*12) 36,00,000
Dearness allowance (forming part of salary) [30% of 36,00,000] 10,80,000
Transport allowance [(3,600-1,600)*12] 24,000
Car owned by the employee, expenses incurred by the employer and
use official as well as personal
Expenses 40,000
Less: Official purpose [1,800*12] 21,600 18,400
Rs. 1,800 p.m. because engine capacity does not exceed 1.6 litre
Unfurnished accommodation
[15% (36,00,000 + 10,80,000 + 24,000)] 7,05,600
Add: Furniture [10% of 1,00,000] 10,000
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Rent of AC [2,000*2] 4,000 7,19,600
Hotel (official tour) Nil
Use of Computer Exempt
Gross/ Net Salary 54,42,000
Income from other sources:
Post office saving interest [5,000 – 3,500] 1,500
PNB interest 8,000 9,500
Less: Deductions –
80C 1,50,000*
80D 22,000
80TTA 9,500
80G [50,000*100%] 50,000 2,31,500
Calculation of 10% of adjusted GTI for the purpose of section 80G:

Amount donated should not exceed 10% of [54,51,500 – 1,50,000 – 22,000 – 9,500] i.e.,
52,700 which is more than the amount donated of Rs. 50,000.
1. Write a short note on exemption in respect of encashment of leave salary.

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
2. Explain briefly the provisions for the taxability of House Rent Allowance.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
3. Explain the provisions with regard to ‘Pension’ under the head ‘Salaries’.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
4. Discuss the provisions of Income Tax Act regarding gratuity under section 10(10).
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
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5. Discuss the taxability of perquisite in respect of Employee Stock Option Plan.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
6. Explain the provisions related to tax treatment of sale of movable assets at

concessional/ nominal price to employee or his/ her member of household.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
7. Explain the provisions related to tax treatment of educational facility provided by

employer to the family member of employee.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
8. Explain the provisions concerned with perquisite in respect of loan at concessional

rate of interest.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
9. What is included in the definition of salary for the purpose of computing value of
perquisite of accommodation?
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
10. Briefly explain the tax provisions concerned with new pension scheme (NPS)?
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
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5.4 Exercise 3: Multiple choice questions
1. An employee availed the exemption of leave encashment of Rs. 75,000 in the past years. He
received from the second employer a sum of Rs. 7,00,000 as encashment of leave. He will be
entitled to an exemption to the extent of –
a. Rs. 75,000
b. Rs. 7,00,000
c. Rs. 6,25,000
d. Rs. 2,25,000
2. The employee is provided with furniture costing Rs. 2,00,000 along with the house w.e.f.
September 1, 2017. The furniture is owned by the employer. The value of the furniture to be
included in the valuation of unfurnished house shall be –
a. Rs. 20,000
b. Rs. 24,000
c. Rs. 11,667
d. None of the above
3. An employee is entitled to a hostel expenditure allowance of Rs. 290 per month per child
for his 4 children. The taxable amount of hostel expenditure allowance will be –
a. Rs. 6,720
b. Rs. 7,200
c. Rs. 6,960
d. Nil
4. Interest credited towards SPF is –

a. Fully taxable
b. Fully exempt
c. Exempt upto 9.5% p.a.
d. Exempt upto 8.5% p.a.
5. Income tax of Rs. 8,000 paid by the employer directly to the Government of India on behalf
of the employee is –
a. Taxable for all categories of employees
b. Exempt for all categories of employees
c. Exempt only for the specified employee
d. Taxable only for the specified employee
6. Employers contribution towards SPF shall be –

a. Fully taxable
b. Fully exempt
c. Taxable up to 9.5% of salary
d. Exempt up to 9.5% of salary
7. X Ltd. pays a salary of Rs. 50,000 per month to Mr. A. The company also undertakes to
provide laptop of Rs. 50,000 to him. His gross salary (per annum) will be –
a. Rs. 6,00,000
b. Rs. 6,50,000
c. Rs. 1,00,000
d. Rs. 12,00,000
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8. Y Ltd. pays a salary of Rs. 1,00,000 per month to Mr. B. The company also paid his income
tax liability of Rs. 1,50,000. His gross salary (per annum) will be –
a. Rs. 2,50,000
b. Rs. 12,00,000
c. Rs. 13,50,000
9. Mr. A whose monthly salary is Rs. 40,000 per month took an advance salary of April 2018
in the month of March 2018. His taxable gross salary for the assessment year 2018-19 will
be:
a. Rs. 4,80,000
b. Rs. 5,20,000
c. Rs. 40,000
d. Rs. 80,000
10. Maximum amount exempt in case of leave encashment received at the time of retirement
of a non-Government employee is:
a. Rs. 3,00,000
b. Rs. 3,50,000
c. Rs. 10,00,000
d. Rs. 12,00,000
11. Maximum amount exempt in case of leave encashment received at the time of retirement
of a Government employee is:
a. Rs. 3,00,000
b. Rs. 3,50,000
c. Fully taxable
d. Fully exempt
12. Salary for the purpose of computing exempted amount of leave encashment received at
the time of retirement of a non-Government employee includes –
a. Basic salary
b. Commission based on fixed percentage of turnover achieved by the employee
c. Both of these
d. Only (a)
13. Leave encashment received during continuity of employment is taxable –

a. For a Government employee
b. For a non-Government employee
c. For Government as well as non-Government employee
14. Uncommuted pension received by a Government employee is –

a. Fully exempt
b. Fully taxable
c. Partly exempt
d. Partly taxable
15. Uncommuted pension received by a non-Government employee is –
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a. Fully exempt
b. Fully taxable
c. Partly exempt
d. Partly taxable
16. Medical allowance is –

a. Fully exempt
b. Fully taxable
c. Exempt up to 12% of salary
d. Exempt @ Rs. 200 per month
17. Transport allowance is exempt @ -

a. Rs. 800 per month
b. Rs. 1,000 per month
c. Rs. 1,600 per month
d. Rs. 2,000 per month
18. Maximum exemption limit in case of retrenchment compensation is –

a. Rs. 2,50,000
b. Rs. 5,00,000
c. Rs. 7,50,000
d. Rs. 10,00,000
19. Leave encashment received at the time of death is –

a. Fully taxable
b. Fully exempt
c. Partly exempt
20. Pension received by the employees of UNO is –

a. Fully taxable
b. Fully exempt
c. Partly exempt
21. Maximum exemption limit in case of compensation received at the time of voluntary
retirement is –
a. Rs. 2,50,000
b. Rs. 5,00,000
c. Rs. 7,50,000
d. Rs. 10,00,000
22. Lumpsum payment received at the time of retirement in case of SPF is –

a. Exempt from tax
b. Taxable
c. Exempt upto 10% of salary
d. Exempt upto 12% of salary
23. Employer’s contribution towards approved superannuation fund is exempt to the extent of
–
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a. Rs. 1,00,000 per annum
b. Rs. 1,20,000 per annum
c. Rs. 1,50,000 per annum
24. Which of the following allowance is not fully taxable?

a. Dearness Allowance
b. Servant allowance
c. City Compensatory Allowance
d. Tribal Area Allowance
25. If no rent is paid, exemption of house rent allowance will always be –

a. Rs. 5,000
b. Rs. 50,000
c. Nil
26. Exemption of HRA is not available is an assessee –

a. Lives in his own house
b. Lives in his father’s house
c. Lives in his mother’s house
d. Lives in cousin house
27. Deduction of entertainment allowance is not available to –

a. Government employee
b. Non-Government employee
c. Government as well as non-Government employee
28. Value of furniture (if owned by the employer) in case of perquisite of furnished
accommodation is calculated as –
a. 10% p.a. of actual cost
b. 12% p.a. of actual cost
c. 10% p.a. of WDV
d. 12% p.a. of WDV
29. Perquisite of interest free loan is fully exempt if loan amount does not exceed in
aggregate in a year –
a. Rs. 10,000
b. Rs. 15,000
c. Rs. 20,000
d. Rs. 25,000
30. Yearly normal wear and tear while computing perquisite value in respect of car sold to
the employee by the employer is calculated as –
a. 20% p.a. of actual cost
b. 12% p.a. of actual cost
c. 20% p.a. of WDV
d. 12% p.a. of WDV
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31. Tea provided during office hours is exempt to the extent of –
a. Rs. 100 per meal
b. Rs. 50 per meal
c. Fully exempt
d. Fully taxable
32. Gift in cash received from an employer is –

a. Fully taxable
b. Fully exempt
c. Exempt upto Rs. 5,000
d. Exempt upto Rs. 10,000
33. Perquisite in respect of expenses incurred to give training to employees is –

a. Fully exempt
b. Fully taxable
c. Partly exempt
34. Medical facility provided in a private clinic is exempt to the extent of –

a. Rs. 15,000 per year
b. Rs. 30,000 per year
c. Rs. 50,000 per year
d. Rs. 1,50,000 per year
35. Maximum exemption for professional tax is –

a. Nil
b. Rs. 2,500
c. Rs. 5,000
d. Rs. 10,000
[Answers to the multiple-choice questions: 1 (d), 2 (c), 3 (c), 4 (b), 5 (a), 6(b), 7(a), 8(c),
9(b), 10(a), 11(d), 12(c), 13(c), 14(b), 15(b), 16(b), 17(c), 18(b), 19(b), 20(b), 21(b), 22(a),
23(c), 24(d), 25(c), 26(a), 27(b), 28(a), 29(c), 30(c), 31(b), 32(a), 33(a), 34(a), 35(b)]
5.4 Exercise 4: Fill in the blanks
1. Monthly pension received by a Government employee is ……………
2. Use of health club, sports and other similar facilities provided uniformly to all employees
is ………….
3. An employee was employed on September 1, 2011 in the grade pay of Rs. 15,000 – 400 –
17,000 – 500 – Rs. 22,000. His basic salary for the assessment year 2018-19 shall be
……...........
4. Meal provided by the employer to an employee in the office premises is exempt upto a
maximum of ………. per meal.
5. When gas or electricity is provided by the employer free of cost to the employee, the
taxable value of this perquisite shall be ……………………….
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[Answers to the fill in the blanks: 1 (Fully Taxable), 2 (Tax free), 3 (Rs. 2,07,500), 4 (Rs.
50), 5 (Manufacturing cost)]
5.4 Exercise 5: True or False
1. If rent is paid for a house situated at Chennai, the maximum exemption for house rent
allowance shall be 40% of salary.
2. Salary received by partners from their own partnership firm is taxable under the head
“Salary”.
3. Computers/ Laptops given by the employer to the employee for use at residence is taxable
@ 10% p.a. of actual cost.
4. Mobile phone is an exempted perquisite.
5. Car facility given to cover the distance from office to residence is exempt from tax.
6. Entertainment allowance can be exempt up to a maximum limit of Rs. 5,000 in case of

Government employees.
7. Commuted pension is fully exempt from tax in case of Government employees.
8. Perquisite in respect of interest-free loan is exempt from tax to the extent of Rs. 20,000 if
the loan is given to the employee who is suffering from a disease specified in rule 3A.
9. Employer’s contribution towards an approved superannuation fund will be chargeable to

tax to the extent it exceeds Rs. 1,00,000 per annum.
10. City compensatory allowance is fully taxable.
[Answers to True or False: 1 (False), 2 (False), 3 (False), 4 (True), 5 (True), 6(True),

7(True), 8 (False), 9 (False), 10 (True)]
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LESSON 6
HOUSE PROPERTY
6.1 Basis of Charge [Section 22]

6.2 Deemed Owner [Section 27]
6.3 When income is not taxable under the head “House Property”
6.4 Co-owners [Section 26]
6.5 When property income is not chargeable to tax
6.6 Computation of Income under the head “House Property”
6.7 Tax treatment of different cases of self-occupied house property
6.8 Special provision for arrears of rent and unrealised rent received subsequently [Section
25A]
6.9 Miscellaneous Points
6.10 Summary
6.11 Exercise
Income is taxable under the head “Income from house property” if the following three
conditions are satisfied:
1. The property should consist of any buildings or lands appurtenant thereto.
2. The assessee should be owner of the property.
3. The property should not be used by the owner for the purpose of business or
profession carried on by him, the profits of which are chargeable to income-tax.
6.2 Deemed Owner [Section 27]
Besides the legal owner, section 27 provides that the following persons are to be treated as
deemed owner of house property for the purpose of taxation under the head “Income from
house property”:
1. Transfer to spouse or minor child:

If the following conditions are satisfied, then the individual who has transferred the
property would be deemed as “owner” of the house property:
a. The taxpayer is an individual.
b. He or she transfers a house property.
c. The property is transferred to his/ her spouse (not being a transfer in connection
with an arrangement to live apart) or to his/ her minor child (not being a married
daughter).
d. The property is transferred without adequate monetary consideration.
2. Holder of an impartible estate shall be deemed to be the individual owner of all the
properties comprised in the estate.
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3. A member of a co-operative society, company or other association of persons to
whom a building (or part thereof) is allotted or leased under a house building scheme
of the society, company or association, as the case may be, shall be deemed to be the
owner of that building or part thereof.
4. Person who has acquired a property under a power of attorney transaction:

A person who is allowed to take (or retain) possession of any building (or part
thereof) in part performance of a contract of the nature referred to in section 53A of
the Transfer of Property Act, 1882, shall be deemed to be the owner of that building
(or part thereof).
5. A person who has acquired a right in a building under section 269UA(f):

A person who acquires any rights (excluding any rights by way of a lease from
month to month or for a period not exceeding one year) in or with respect to any
building (or part thereof), by virtue of any such transaction as is referred to in section
269UA(f), shall be deemed to be the owner of that building or part thereof.
6.3 When income is not taxable under the head “House Property”
In the following cases, income is not taxable under the head “Income from house property”:
1. If letting is only incidental and subservient to the main business of the assessee, rental
income is not taxable under the head “Income from house property” but is chargeable under
the head “Profits and gains of business and profession”.
2. Composite Rent:
If apart from recovering rent of the building, in some cases, the owner gets rent of other
assets (like furniture, plant and machinery etc.) or he charges for different services provided
in the building (for instance, security, charges for lift, air conditioning, electricity, water
etc.), the amount so recovered is known as “composite rent”.
Following is the tax treatment of “composite rent”:
a. Where composite rent includes rent of building and charges for different services:
In such situations, composite rent is to be split up and amount of services is chargeable
under the head “Profits and gains of business or profession” or “Income from other sources”
as the case may be and rent of property is chargeable under the head “Income from house
property”. This rule is applicable even if it is difficult to split up the amount.
b. Where composite rent is rent of letting out of building and letting out of other assets (like
furniture, plant etc.) and two letting are not separable i.e., letting of one is not acceptable to
the other party without letting of the other):
In such situations, income is taxable either under the head “Profits and gains of business or
profession” or “Income from other sources” as the case may be.
This rule is applicable even if sum receivable for the two lettings is fixed separately.
c. Where composite rent is rent of letting out of building and letting out of other assets (like
furniture, plant etc.) and the two lettings are separable i.e., letting of one is acceptable to
the other party without letting of the other):
In such situations, income from letting out of building is taxable under the head “Income
from house property” and income from letting out of other assets is taxable under the head
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“Profits and gains of business or profession” or “Income from other sources” as the case
may be. This rule is applicable even if the assessee receives composite rent from his tenant
for two lettings.
6.4 Co-owners [Section 26]
If a house property is owned by two or more persons, then such persons are known as co-
owners. If respective shares of co-owners are definite and ascertainable, the share of each
such person (in the computed income of property) shall be included in his total income. It
may be noted that co-owners are not taxable as an association of persons.
6.5 When property income is not chargeable to tax
In the following cases, rental income is not chargeable to tax:

1. Income from farm house
2. Annual value of any one palace of an ex-ruler
3. Property income of a local authority
4. Property income of an approved scientific research association
5. Property income of an educational institution and hospital
6. Property income of a trade union
7. House property held for charitable purpose
8. Property income of a political party
9. Property used for own business or profession
10. One self-occupied property
6.6 Computation of Income under the head “House Property”
There can be three different types of house properties for the purpose of taxation under the
head “Income from house property”.
1. Let out property [LO]
2. Self-occupied property [SO]
3. Deemed to be let out property [DLO]
Following format is to be followed for computing the income under the head “House
Property”:
Particulars LO (Rs.) SO (Rs.) DLO (Rs.)
Let Out Self- Deemed to
Occupied be Let Out
Step 1: Expected Rent [MV* or FR* whichever is XX ---- XX
higher but subject to a maximum of SR*]
Step 2: Actual rent received/ receivable after
deducting Unrealised Rent XX ---- NA*
Step 3: Higher of Step 1 or step 2 XX ---- ER*
Step 4: Deduct loss due to vacancy XX ---- NA
Step 5: Gross Annual Value (GAV) [Step 3 – Step 4] XX Nil ER
Less: Municipal Taxes XX Nil XX
Net Annual Value (NAV) XX Nil XX
Standard Deduction [24(a)] (30% of NAV) XX Nil XX
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Interest on capital borrowed [24(b)]
(*limits applicable) XX XX* XX
Income from house property XX (XX) XX
Add: Income under section 25A XX ---- ----
Income taxable under “House Property” XXX (XXX) XXX
* MV refers to Municipal Value, FR refers to Fair Rent, SR refers to Standard Rent, ER refers to Expected Rent
and NA refers to Not Applicable.
Meaning of Annual Value

As per section 23(1)(a), the annual value of any property shall be the sum for which the
property might reasonably be expected to be let out from year to year. It may neither be the
actual rent derived nor the municipal valuation of the property. It is something like notional
rent which could have been derived, had the property been let out. In determining the annual
value there are four factors which are normally taken into consideration. These are (a) Actual
rent received or receivable, (b) Municipal value, (c) Fair rent of the property, and (d)
Standard rent.
Calculation of gross annual value (GAV)

Step 1: Find out reasonable expected rent of the property
[Municipal value or fair rent whichever is higher but subject to a maximum of
standard rent]
Expected Rent:
It is deemed to be the sum for which the property might reasonably be expected to be
let out from year to year.
Fair rent:
Rent fetched by a similar property in the same or similar locality.
Standard Rent:
It is the maximum rent which a person can legally recover from his tenant under a
Rent Control Act.
Step 2: Find out rent actually received or receivable after excluding unrealized rent but
before deducting loss due to vacancy
Step 3: Higher of amount computed in Step 1 or Step 2 is taken
Step 4: Find out loss due to vacancy.
Step 5: Step 3 minus Step 4 is gross annual value.
Rent actually received/ receivable:

Following points should be noted in this regard:
1. Advance rent cannot be rent received/ receivable of the year of receipt.
2. If the tenant has undertaken to bear the cost of repairs, the amount spent by the
tenant cannot be added to rent received or receivable.
3. Occupier’s (i.e., tenant’s) share of municipal tax realized from the tenant cannot be
added to actual rent received/ receivable, as it is the occupier’s duty to pay municipal
tax.
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Unrealized Rent
Unrealized rent is the rent which the owner could not realize. Unrealized rent of earlier years
is not deductible, only unrealized rent of current previous year is deductible.
Unrealized rent shall be excluded from rent received/ receivable only if the following
conditions are satisfied [Conditions of Rule 4]:
1. The tenancy is bonafide.
2. The defaulting tenant has vacated, or steps have been taken to compel him to vacate
the property.
3. The defaulting tenant is not in occupation of any other property of the assessee.
4. The assessee has taken all reasonable steps to institute legal proceedings for the
recovery of the unpaid rent or satisfies the Assessing Officer that legal proceedings
would be useless.
Municipal Taxes
Municipal taxes (like house tax, service tax, local tax) levied by any local authority in
respect of the house property are deductible only if these taxes are borne and actually paid
by the owner during the previous year. It doesn’t matter whether the taxes belong to the
earlier years, current year or coming years.
Standard Deduction [Sec. 24(a)]

30% of NAV is deductible irrespective of any expenditure incurred by the assessee. Thus, no
deduction can be claimed in respect of expenses on insurance, ground rent, land revenue,
repairs, collection charges, electricity, water supply, salary of liftman, etc.
Interest on Borrowed Capital [Sec. 24(b)]

Interest on borrowed capital is allowable as deduction, if capital is borrowed for the purpose
of purchase, construction, repair, renewal or reconstruction of the property.
Pre-construction period interest:

Pre-construction period means the period commencing from the date of borrowing and
ending on –
a. 31st March immediately prior to the date of completion of construction/ date of
acquisition; or
b. Date of repayment of loan, whichever is earlier.
Interest payable by an assessee in respect of funds borrowed for the acquisition or

construction of a house property and pertaining to a period prior to the previous year in
which such property has been acquired or constructed, to the extent it is not allowed as a
deduction under any other provision of the Act, is deductible is five equal annual
installments and the first installment starts from the previous year in which the property is
acquired or constructed.
Post-construction period interest:

It is charged from the year of completion (YOC) to date of repayment (DOR).
Notes –
1. Interest on borrowed capital is calculated by adding pre-construction period interest
and current year interest.
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2. Interest is borrowed capital is deductible on “accrual basis”. It can be claimed as
deduction on yearly basis, even if the interest is not actually paid during the year.
3. If interest is calculated on the basis of number of days, the date of borrowing should
be included while the date of repayment of loan should be excluded.
4. Income from a self-occupied house property can be negative. Its value always lies
between Zero to (-) Rs. 2,00,000.
5. Interest on a fresh loan, taken to repay the original loan raised for the aforesaid
purposes, is allowable as deduction. This rule is applicable even if the first loan was
interest-free loan.
Steps for computation of Interest on Capital Borrowed:
Step 1: Compute Pre-construction Period

PCP which starts from DOB (Date of borrowing)
and ends on 31st March prior to DOC (Date of completion),
OR
Actual DOR (Date of repayment),
Whichever is earlier
Step 2: Compute Pre-construction Period Interest
Step 3: Total Pre-construction Period Interest is allowed as deduction in 5 equal annual

instalments and first instalment will be deductible in the year in which the house is purchased
or constructed.
Step 4: Compute Post-construction period interest

It starts from YOC (Year of Completion) and ends on Actual DOR (Date of Repayment).
Step 5: Calculate IOCB (Interest on capital borrowed) which is equal to PCPI (Pre-
construction period interest) + PCPI (Post-construction period interest) for different years.
For assessment year 2018-19, relevant previous year is 2017-18.
Interest on borrowed capital in case of Let Out/ Deemed to be Let Out property
It is fully deductible (according to the rules given above) without any maximum ceiling.
Interest on borrowed Capital in case of Self-Occupied property

It is deductible (according to the rules given above) subject to a maximum ceiling given
below:
Case 1: Rs. 2,00,000

If capital is borrowed on or after April 1, 1999 for acquiring or constructing a property and
if such acquisition or construction is completed within 5 years from the end of the financial
year in which the capital was borrowed.
Further, one more condition to satisfy is that the person extending the loan certifies that such
interest is payable in respect of the amount advanced for acquisition or construction of the
house or as re-finance of the principal amount outstanding under an earlier loan taken for
such acquisition or construction.
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Case 2: Rs. 30,000
1. If capital is borrowed on or after April 1, 1999 for reconstruction, repairs or
renewals of a property.
2. If capital is borrowed before April 1, 1999 for purchase, construction,

reconstruction, repairs or renewals of a property.
3. If capital is borrowed on or after April 1, 1999 for acquiring or constructing a

property and if such acquisition or construction is not completed within 5 years from
the end of the financial year in which the capital was borrowed.
6.7 Tax treatment of different cases of self-occupied house property
S. Self – Occupied Property Tax Treatment

No.
1 If such property is used by the owner No income is taxable under the head
for the purpose of carrying on his “Income from house property” but taxable
business or profession under the head “Profits and gains of
business or profession”
2 If such property is used throughout the Nothing is taxable. Only interest on
previous year for own residential borrowed capital is deductible subject to a
purposes, it is not let out or put to any maximum ceiling of Rs. 30,000 or Rs.
other use. Further, no benefit is derived 2,00,000 depending upon the case
by the owner from such property.
3 If such property could not be occupied
throughout the previous year because
employment, business or profession of Same as point (2) above
the owner is situated at some other
place and he has to reside at that other
place in a building not owned by him.
Further, no other benefit is derived by
the owner from that unoccupied
property.
4 When a part of the property (being Income from the independent unit (which
independent residential unit) is self- is self-occupied) will be taxable as self-
occupied and the other part is let out occupied property and income from the
unit which is let out is taxable as if the unit
is let out
5 When such property is self-occupied Taxable as a let-out property
for a part of the year and let out for the
other part of the year
6 Where a person has occupied more Only one property (according to his own
than one property for his own choice) is treated as self-occupied and all
residential purpose other properties will be taken as deemed to
be let out
Notes –
97
1. In the case of “deemed to be let out” properties, the taxable income will be
calculated in the same manner as used for let out properties. In case of “deemed to be
let out” properties, GAV shall be taken as reasonable expected rent.
2. As far as point (6) mentioned in the above table is concerned, the option should be
exercised in such a way that the net income of a taxpayer is reduced to the minimum
possible level. Moreover, the option may be changed every year.
6.8 Special provision for arrears of rent and unrealised rent received subsequently
[Section 25A]
The amount of rent received in arrear (or unrealised rent realised subsequently) after
deducting 30% amount shall be charged to tax in the year in which such rent is received (or
realized) by the assessee under the head “Income from house property”.
Notes –
▪ It is taxable even if the house is not owned (or deemed to be owned) by the assessee
in the year of recovery.
▪ In case of recovery of unrealized rent, expenditure on recovery is not taken in to

consideration.
▪ It is to be noted that normally income is taxable under the head “Income from house
property” only if the taxpayer is the owner or deemed owner of a house property
during the previous year. However, in the case of arrears of rent received or recovery
of unrealized rent, property income is taxable even if no house is owned (or deemed
to be owned) by the taxpayer.
1. If rent actually collected is zero and the entire loss is due to vacancy then the gross
annual value is NIL.
2. Valuation of any property (like valuation of municipal value, fair rent etc.) starts
from the date on which house is purchased. However, difference between the date on
which the house is purchased and the date from which the house is let out is treated
as vacancy period. For example, a house is purchased on Sept.1, 2017 and let out
from Dec. 1, 2017. In such a case, period between 1/9/17 to 31/11/17 is treated as
vacancy period. However, municipal value, standard rent etc. would be calculated
from Sept. 1, 2017.
3. If any property is self-occupied for some period, then that period cannot be treated as
vacancy period.
4. If the municipal tax paid by the landlord is more than gross annual value, then net
annual value can be negative.
5. Whenever the houses are deemed to be let out, expected rent computed in step 1 will
become Gross Annual Value.
98
6. Where the property is held as stock-in-trade and the property (or any part of the
property) is not let during the whole (or any part of the previous year), the annual
value of such property (or part of the property), for the period up to one year from
the end of the financial year in which the certificate of completion of construction of
the property is obtained from the competent authority, shall be taken to be nil.
6.10 Summary
This chapter has discussed the computation of income from house property. This head
“House property” comes after the head “Salary”. There can be three different types of house
properties for the purpose of taxation – Let out, Self-occupied and Deemed to be let out.
First, gross annual value of a property is computed. From this value, municipal taxes are
deducted to arrive at net annual value. From net annual value, deductions under section 24
are given to compute the income from house property. In this value, finally, any recovery of
unrealised rent or arrears of rent is added to arrive at the final taxable income under the head
“House property”.
Problem 1 –
X owns a house at Delhi. From the particulars given below, compute income from house
property for the assessment year 2018-19:
Rs.
Municipal value 2,50,000
Fair rent 2,80,000
Standard rent 2,60,000
Annual rent (25,000*12) 3,00,000
Vacancy period 1 month
Unrealised rent 1 month
Municipal taxes paid (half of it was born by tenant) 25,000
Expenses on repair 20,000
Fire insurance premium paid 5,000
Ground rent 5,000
Land revenue paid 6,000
X had borrowed a sum of Rs. 20,00,000 @ 10% p.a. from LIC Housing Ltd. on 1-8-2013 and
the construction of the house was completed on 1-1-2017. Loan is still unpaid.
Solution:
Computation of Income from House Property of X for the assessment year 2018-19:
Calculation of Gross Annual Value:
Step 1: Expected Rent (Municipal Value or Fair Rent whichever is higher
but subject to a maximum of Standard Rent) 2,60,000
Step 2: Annual Rent – unrealised rent 2,75,000
99
Step 3: Higher of Step 1 or Step 2 2,75,000
Step 4: Loss due to vacancy 25,000
Step 5: GAV 2,50,000
Less: Municipal Taxes (borne and paid by the owner) 12,500
Net Annual Value (NAV) 2,37,500
Standard Deduction (30% of NAV) 71,250
Interest on borrowed capital (W.N. 2) 3,06,667 3,77,917
Net income from House Property (1,40,417)
Working notes:
1. Expenses on repairs, fire insurance premium paid, ground rent and land revenue paid
are of no consideration.
2. Calculation of interest on borrowed capital:

DOB is 1/8/2013 and DOC is 1/1/2017
Pre-construction period is 1/8/2013 to 31/3/2016
Previous Year Interest
2013-14 1,33,333 (2,00,000*8/12)
2014-15 2,00,000
2015-16 2,00,000
5,33,333
This interest is deductible in 5 equal annual instalments of Rs. 1,06,667 (5,33,333/5)

and first instalment starts from the year in which the house is constructed i.e., the
previous year 2016-17. So, deduction of pre-construction period interest is available
from the previous year 2016-17 to 2020-21.
Current year:
Current year interest starts from year of completion to date of repayment. It starts
from the previous year 2016-17 and will go on because loan is still unpaid. So, it will
also be available in our relevant previous year 2017-18.
Total interest on borrowed capital = Pre-construction period interest + Current year

interest i.e., Rs. 3,06,667 [1,06,667 + 2,00,000]
Problem 2 –
R owns a big house. The house has three independent residential units. Unit 1 (50 per cent of
the floor area) is let out for residential purposes on a monthly rent of Rs. 16,000 (this unit is,
however, used by him from January 15, 2018 to March 15, 2018 for his residential purposes).
A sum of Rs. 1,000 could not be collected from the tenant. Unit 2 (25 per cent of the floor
area) is used by him for the purpose of his residence, while Unit 3 (the remaining 25 per
cent) is used by him for the purpose of his business. Other particulars of the house are:
municipal valuation: Rs. 3,84,000; municipal taxes (paid): Rs. 32,000; repairs: Rs. 40,000;
ground rent: Rs. 16,000; land revenue (paid): Rs. 9,800, insurance premium: Rs. 16,000 and
interest on capital borrowed for payment of municipal tax: Rs. 14,000.
Income of X from business is Rs. 4,61,200 (without debiting house rent and other incidental
expenditure including admissible depreciation of Rs. 1,600 on the one-fourth portion of house
used for business). Determine the taxable income of R for the assessment year 2018-19.
100
Solution:
Here a property has independent residential units. So, unit 1 which is let out becomes a let out
property, unit 2 which is self-occupied becomes a self-occupied property and unit 3 which is
used for business or profession is the property where computation will be done as per the
provisions of PGBP.
Computation of net taxable income of R for the assessment year 2018-19:

Income from house property:
Unit I 1,23,200
Unit II NIL 1,23,200
Taxable income 5,50,850
Working notes:
1. Bifurcation of different amounts (only for understanding – no need to show in
examination):
Particulars Unit I Unit II Unit III (25%)
(50%) [LO] (25%) [SO] [PGBP]
(Rs.) (Rs.) (Rs.)
Municipal value [3,84,000] 1,92,000 96,000 96,000
Municipal taxes [32,000] 16,000 8,000 8,000
Repairs [40,000] 20,000 10,000 10,000
Ground rent [16,000] 8,000 4,000 4,000
Land revenue [9,800] 4,900 2,450 2,450
Insurance premium [16,000] 8,000 4,000 4,000
IOCB for payment of municipal taxes [14,000] 7,000 3,500 3,500
2. Income from house property:

Particulars Unit I (50%) Unit II (25%)
[LO] (Rs.) [SO] (Rs.)
Annual rent for 10 months
[April 1, 2017 to January 14, 2018 + March 16,
2018 to March 31, 2018] (16,000*10) 1,60,000
Step 1: Expected rent 1,92,000
Step 2: Actual Rent received/ receivable after deducting
unrealised rent 1,59,000
Step 3: Higher value 1,92,000
Step 4: Loss due to vacancy NIL
GAV 1,92,000 NIL
Less: Municipal taxes 16,000 NIL
NAV 1,76,000 NIL
Less: Deduction under section 24:
Standard deduction (30% of NAV) 52,800 NIL
Interest on capital borrowed NIL NIL
Net income from house property 1,23,200 NIL
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3. Computation of PGBP:
Amount (Rs.)
Income 4,61,200
Less: Expenses related to business:
Municipal taxes 8,000
Repairs 10,000
Ground rent 4,000
Land revenue 2,450
Insurance premium 4,000
IOBC on MT 3,500
Depreciation 1,600 33,550
Problem 3 –
A owns a property at Ghaziabad (Municipal value: Rs. 1,90,000, Fair rent: Rs. 2,04,000,
Standard rent: Rs. 1,85,000). The house is let out upto Feb. 28, 2018 at a monthly rent of Rs.
18,500. From March l, 2018, the property is self-occupied for own residence.
Expenses incurred by A are as follows:
Municipal Taxes: Rs. 10,000 (half of it was paid by tenant), Repairs: Rs. 20,000 and Fire
Insurance premium: Rs. 5,000. Interest on capital borrowed for acquiring the property: Rs.
1,80,000.
Assuming that income of A from other sources is Rs. 4,50,000, find out the net income of A
for the assessment year 2018-19. Does it make any difference if the property is let out upto
Feb. 28, 2018 @ Rs. 16,500 per month?
Solution:
Computation of net taxable income of A for the assessment year 2018-19:
Rs. Rs.
Step 1: ER [MV or FR whichever is higher
but subject to a maximum of SR] 1,85,000 1,85,000
Step 2: Actual Rent Received or receivable after
deducting Unrealised Rent
[18,500*11 - Nil], [16,500*11 - Nil] 2,03,500 1,81,500
Step 3: Higher of step (1) or step (2) 2,03,500 1,85,000
Step 4: Loss due to vacancy Nil Nil
Step 5: Gross Annual Value (GAV) 2,03,500 1,85,000
Less: Municipal Taxes 5,000 5,000
Net Annual Value 1,98,500 1,80,000
Standard Deduction [30% of NAV] 59,550 54,000
Interest on Capital Borrowed 1,80,000 1,80,000
Income from House Property (41,050) (54,000)
Income from other sources 4,50,000 4,50,000
Gross/ Net Total Income 4,08,950 3,96,000
Note –
Loss under the head “House Property” can be adjusted against income of any other head
except gambling incomes.
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Problem 4 –
Mr. A owns a house at Gurgaon. Particulars of the same are given below:
Rs.
Municipal valuation 3,20,000
Fair rent 3,40,000
Standard rent 3,00,000
Municipal taxes paid by Mr. A 30,000
Land revenue (payable) 10,000
Fire insurance premium (paid) 10,000
He borrowed Rs. 20,00,000 @ 9% p.a. from LIC Housing Premium Ltd. for the construction
of this house on 01-06-2013. Construction on this house was completed on 10-09-2015. The
entire loan amount is still outstanding.
Compute his income from the house property for the assessment year 2018-19 assuming:
a. House property is self-occupied throughout the previous year.
b. House is let out throughout the previous year at a monthly rent of Rs. 28,000.
Solution:
Computation of Income under the head House Property for the assessment year 2018-19:
Particulars Part (a) [SO] Part (b) [LO]
(Rs.) (Rs.)
Step 1: Expected Rent 3,00,000
Step 2: Annual Rent – Unrealized rent 3,36,000
Step 3: Higher of step 1 or step 2 3,36,000
Step 4: Loss due to vacany Nil
Step 5: GAV [Step 3 – Step 4] Nil 3,36,000
Less: Municipal tax Nil 30,000
NAV Nil 3,06,000
Less: Standard deduction [30% of NAV] Nil 91,800
IOBC 2,00,000 2,46,000
(2,00,000) (31,800)
Working notes for calculation of IOBC:

Loan Rs. 20,00,000 at 12% p.a.
Calculation of PCP interest:

DOB: 1/6/2013; DOC: 10/09/2015 and DOR: Outstanding
PCP = 1/06/2013 to 31/03/2015
PCP Interest [20,00,000*9%*22/12] = 3,33,000/5 = 66,000 is deductible during the

previous year 2015-16 to 2019-20
Calculation of Current Year interest:

Current year period = Year of Completion (YOC) to Date of Repayment (DOR)
Loan is not yet paid, so current year interest of 2017-18 is 1,80,000 [20,00,000*9%]
Total interest on borrowed capital:

PCPI + CYI = Rs. 2,46,000 [Rs. 66,000 + Rs. 1,80,000]
In case of let out property, entire interest is deductible without any ceiling.
103
In case of self-occupied property, however, interest is deductible subject to some limits. In
the present case, capital is borrowed on or after April 1, 1999 for construction and such
construction is completed within 5 years from the end of the year in which capital is
borrowed; so maximum interest deductible is Rs. 2,00,000.
Problem 5 –
For the assessment year 2018-19, X (age 67 Years) submits the following information:
Income from Business Rs. 9,82,000
Property Income House I (Rs.) House II (Rs.)
Fair Rent 3,50,000 3,20,000
Municipal Valuation 3,60,000 3,50,000
Standard Rent 3,00,000 5,00,000
Annual Rent 6,00,000 4,20,000
Unrealized Rent of the previous year 2017-18 10,000 80,000
Unrealized Rent of the previous year 2016-17 ---- 3,00,000
Vacancy period (months) 2 4
Municipal taxes paid 40,000 50,000
Loss on account of vacancy 1,00,000 1,40,000
Repairs 5,000 7,000
Fire Insurance 20,000 30,000
Land revenue 25,000 40,000
Ground rent 66,000 82,000
Interest on capital borrowed by mortgaging House I
(Funds used for construction of House II) 1,40,000 ----
Nature of Occupation Let out for Let out for
Residence business
Determine the taxable income and tax liability of X for the assessment year 2018-19
assuming that X paid Rs. 1,40,000 as life insurance premium on the life assured of his wife
for Rs. 20,00,000 (policy is taken as 11th August 2011) and invested Rs. 20,000 in Indra
Vikas Patra and invested Rs. 50,000 in PPF account in his own name.
Solution:
Computation of net taxable income of X for the assessment year 2018-19:
Income for house property:
House I 3,15,000
House II (28,000) 2,87,000
Less: Deduction under section 80C [1,40,000 + 50,000] 1,50,000*
Net taxable income/ total income 11,19,000
Computation of tax:
Amount (Rs.)
Tax [1,10,00 + 30% (11,19,000 – 10,00,000)] 1,45,700
1,45,700
Add: Cess @ 3% 4,371
Tax payable (Rounded off) 1,50,070
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Working Notes –
1. Computation of income from house property:
In this case, both the houses are let out properties. So, income from house property is
computed as follows –
House I House II
[LO] (Rs.) [LO] (Rs.)
Step 1: Expected Rent 3,00,000 3,50,000
Step 2: Annual Rent – Unrealized Rent 5,90,000 3,40,000
Step 3: Higher Value 5,90,000 3,50,000
Step 4: Loss due to vacancy 1,00,000 1,40,000
Step 5: GAV 4,90,000 2,10,000
Less: Municipal taxes paid 40,000 50,000
NAV 4,50,000 1,60,000
Standard deduction 1,35,000 48,000
Interest on borrowed capital ---- 1,40,000
Net income from house property 3,15,000 (28,000)
2. Since the policy is taken before April 1, 2012, maximum amount eligible for
deduction is 20% of sum assured or actual premium paid, whichever is less.
Thus, Rs. 1,40,000 being lower of Rs. 4,00,000 [20% of Rs. 20,00,000] or Rs.
1,40,000, is eligible.
3. Total amount under section 80C cannot exceed Rs. 1,50,000.
4. Indra Vikas Patra is not covered under section 80C.
Problem 6 –
Mr. Manick is a Sales-tax officer at Jaipur. He owns two residential houses. The first house is
in Delhi and was constructed on 31.12.1993. This has been let out on a rent of Rs. 30,000
p.m. to a company for its office. The second house is in Jaipur, which was constructed on
1.3.2017 and has been occupied by him for his own residence since then. He took a loan of
Rs. 9,00,000 on 1.8.2015 @ 8% per annum interest for the purpose of construction of this
house. The entire loan is outstanding.
Other Relevant particulars in respect of these houses are given below:

House I (Rs.) House II (Rs.)
Municipal valuation 2,40,000 1,80,000
Municipal taxes 10% of Municipal value 8% of municipal value
Expenses on repairs 20,000 60,000
Interest on Loan ---- 72,000
Municipal Taxes of Jaipur house is unpaid.
Mr. Manick was transferred to Mumbai on 1.12.2017 where he resides in a house at a

monthly rent of Rs. 40,000, and his house at Jaipur was let out on the same day on a rent of
Rs. 20,000 per month.
105
Compute the “income from house property” in respect of Mr. Manick for the assessment year
2018-19.
Solution:
Computation of Mr. Manick’s Income under the head House Property for the assessment year
2018-19:
Particulars House I [LO] House II [LO]
(Delhi) (Rs.) (Jaipur) (Rs.)
Step 1: Expected Rent [for house II, fair rent is assumed 2,40,000 2,40,000
as 2,40,000 (20,000*12)]
Step 2: Annual Rent – Unrealized rent 3,60,000 80,000
Step 3: Higher of step 1 or step 2 3,60,000 2,40,000
Step 4: Loss due to vacancy Nil Nil
Step 5: GAV [Step 3 – Step 4] 3,60,000 2,40,000
Less: Municipal tax 24,000 Nil
NAV 3,36,000 2,40,000
Less: Standard deduction [30% of NAV] 1,00,800 72,000
IOBC Nil 81,600
2,35,200 86,400
Total house property income:
2,35,200 + 86,400 = Rs. 3,21,600
Working notes for calculation of IOBC:

PCP = 9,00,000 [1/08/2015 to 31/03/2016]
[9,00,000*8%*8/12] = 48,000/5 = 9,600
Rs. 9,600 is deductible during the previous year 2016-17 to 2020-21
YOC = 2016-17 to DOR (Not yet paid)

Thus, 72,000 as current year interest for 2017-18
Total interest for 2017-18 = 9,600 + 72,000 = 81,600
1. How do you compute annual value of a house property?

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
2. In what cases, income from house property is not chargeable to tax?

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
106
3. What deductions are available under section 24 while computing income from house
property?
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
1. Maximum deduction allowed for interest on borrowed capital in case of let out house
property is –
a. Rs. 30,000
b. Rs. 1,50,000
c. Rs. 2,00,000
2. Maximum deduction allowed for interest on borrowed capital in case of deemed to be let
out house property is –
a. Rs. 30,000
b. Rs. 1,50,000
c. Rs. 2,00,000
[Answers: 1 (d), 2 (d)]
1. Maximum amount of deduction under section 24(b) in case of self-occupied house property
is ……………
2. In case of deemed to be let out house property, Gross annual value is equal to ………….
[Answers: 1 (Rs. 2,00,000), 2 (Expected Rent)]
1. NAV can never be negative.
2. Standard deduction under section 24(a) is 30% of Gross annual value.
[Answers: 1 (False), 2 (False)]
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LESSON 7
Unit I
PROFITS AND GAINS OF BUSINESS OR PROFESSION - I

7.2 Scheme of business deductions/ allowances
7.3 Expenses allowed as business expenditures [Sections 30 to 35]
7.4 Other Deduction [Section 36]
7.5 General Deductions [Section 37]
7.6 Advertisement expenses [Section 37(2B)]
7.7 Summary
Under section 28, the following income is chargeable to tax under the head “Profits and gains
of business or profession”:
1. Profits and gains of any business or profession;
2. Any compensation or other payments due to or received by any person specified in
section 28(ii);
3. Income derived by a trade, professional or similar association from specific services
performed for its members;
4. Export incentive available to exporters;
5. Any profit on transfer of the Duty Entitlement Pass Book Scheme;
6. Any profit on transfer of the Duty Free Replenishment Certificate;
7. The value of any benefit or perquisite, whether convertible into money or not, arising
from business or the exercise of a profession;
8. Any interest, salary, bonus, commission or remuneration received by a partner from
firm;
9. Any sum received for not carrying out any activity in relation to any business or
profession or not to share any know-how, patent, copyright, trademark, etc.;
10. Any sum received under a Keyman insurance policy including bonus;
11. Any sum received (or receivable) in cash or in kind, on account of any capital asset
(other than land or goodwill or financial instrument) being demolished, destroyed,
discarded or transferred, if the whole of the expenditure on such capital asset has been
allowed as a deduction under section 35AD; and
12. Income from speculative transaction.
7.2 Scheme of business deductions/ allowances
Section 28 defines various income which are chargeable to tax under the head “Profits and
gains of business or profession”. Section 29 permits deductions and allowances laid down by
sections 30 to 43D while computing profits or gains of a business or profession. Sections 40,
40A and 43B give a list of expenses which are not deductible.
7.3 Expenses allowed as business expenditures [Sections 30 to 35]
108
Rent, rates, taxes, repairs and insurance for building [Sec. 30]
Deduction is allowed in respect of rent, rates, taxes, repairs and insurance for premises used
for the purpose of business or profession.
Repairs and insurance of machinery, plant and furniture [Sec. 31]

The expenditure incurred on current repairs (not being capital expenditure) and insurance in
respect of plant, machinery and furniture used for business purposes is allowable as
deduction.
Depreciation allowance [Sec. 32]

Following conditions should be satisfied by the assessee to avail depreciation:
1. Asset must be owned by the assessee.
2. Asset must be used for the purpose of business or profession.
3. Asset should be used during the relevant previous year:

Normal depreciation (i.e., full year’s depreciation) is available if an asset is put to use
at least for sometime during the previous year. However, where an asset is acquired
during the previous year but put to use for the purpose of business or profession for
less than 180 days during that year, in such a case, half of the normal depreciation is
allowed.
4. Depreciation is available on tangible assets (Building, machinery, plant or furniture)

as well as intangible assets (know-how, patents, copyrights, trademarks, licenses,
franchises or any other business or commercial rights of similar nature). However, it
must be noted that the intangible assets must be acquired after March 31, 1998.
If all the above conditions are satisfied, depreciation is available (it is a must, it is not at
the option of the assessee to claim or not to claim, depreciation in such cases).
Basis concepts for computation of depreciation allowance:

1. Block of assets:
The term “block of assets” means a group of assets falling within a class of assets in
respect of which the same percentage of depreciation is prescribed. A taxpayer may
have 9 different blocks of assets (out of which 8 blocks are for tangible assets and 1
block is for intangible asset). These blocks are given below:
Type of Asset Blocks Nature of Asset Rate of

Depreciation
1 Residential buildings 5%
2 Office, factory, godowns 10%
Buildings
3 Purely temporary erections such as wooden 40%
structures
Furniture 4 Any furniture/fittings including electrical fittings 10%
5 Any plant and machinery (not covered by block 15%
6, 7 and 8)
Plant and 6 Ocean-going ships 20%
machinery 7 Buses, lorries and taxis used in the business of 30%
running them on hire
8 Aeroplanes, Containers made of glass or plastic 40%
109
used as re-fills, Computers, Energy saving
devices, Air pollution control equipments, water
pollution control equipments,
Intangible 9 Know-how, patents, copyrights, trademarks, 25%
assets licenses, franchises and any other business or
(acquired commercial rights of similar nature
after March
31, 1998)
2. Written down value/ Depreciated value:

WDV at the year end
= WDV of the block on the 1st day of the previous year
Add: Actual cost of the asset (falling in the same block) acquired during the
previous year
Less: Money received/ receivable* (together with scrap value) in respect of that
asset (falling within the block of assets) which is sold, discarded, demolished
or destroyed during the previous year
(* It does not mean gross consideration. It is net consideration after excluding
expenditure incidental to sale. Further, here actual money received or
receivable in cash or by cheque or draft is deductible. In other words, any
other things or benefit which can be converted in terms of money cannot be
deducted.)
3. No depreciation will be charged in the following cases:

a. If written down value of the block of asset is reduced to zero, though the block of
assets does not cease to exist on the last day of the previous year; or
b. If block of asset is empty or ceases to exist on the last day of the previous year,
though the written down value is not zero (*In such cases, written down value of
the block on the first day of the next previous year will be taken as Nil); or
c. If any imported car is used for the purpose of business or profession in India
which is acquired during March 1, 1975 and March 31, 2001. If, however, such
imported car is used in the business of running it on hire for tourist or for the
purpose of business or profession outside India, then depreciation is admissible at
the usual rate.
d. Whenever depreciable asset is acquired otherwise than by an account payee

cheque/ draft or use of electronic clearing system through a bank account (and the
payment exceeds Rs. 10,000), such payment shall not be eligible for normal/
additional depreciation.
4. Meaning of “Actual Cost”:

It means the actual cost to the assessee as reduced by the proportion of the cost
thereof, if any, as has been met, directly or indirectly, by any other person or
authority. Actual cost for any asset includes all expenses directly relatable to
acquisition of the asset.
Interest pertaining to the period till the asset is put to use should be added to the
“actual cost” of the asset.
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Expenditure on travelling incurred for acquiring depreciable assets is part of “actual
cost”.
5. Method of depreciation:
Method of computation of depreciation is written down value method. However,
depreciation is available in the case of tangible assets according to “straight-line”
method in the case of an undertaking engaged in generation or generation and
distribution of power in some cases.
6. The following points should be noted in this regard:

a. The concept of half the rate of normal depreciation is applicable only in the year
in which an asset is acquired and not in subsequent years.
b. If an asset is not used at all, no depreciation in respect of that asset is available.

This rule is applicable in the first year in which the asset is acquired as well as in
the subsequent years.
c. If an asset is acquired during any previous year but not put to use during that
previous year; the actual cost of such asset will become part of the block of assets
on day 1 of the next year. For example, if any asset is purchased during the
previous year 2016-17 but put to use in the previous year 2017-18; this asset is a
part of the block on April 1, 2017. This rule is applicable even if the asset is not
put to use in the previous year 2016-17. Here, depreciation is available for the first
time in the previous year 2017-18.
d. If nothing is mentioned about the date of use of an asset, then assume that the
asset is put to use on the same day the asset is acquired.
Additional depreciation
To claim additional depreciation, the following conditions must be satisfied by the assessee:
1. Manufacture/ production of any article or thing:
The assessee should be engaged in the manufacture or production of any article or
thing (may be priority sector item or even non-priority sector item given in the
Eleventh Schedule) or generation or generation & distribution of power.
2. New plant and machinery installed and acquired after March 31, 2005:
Additional depreciation is available only in respect of new plant and machinery
acquired and installed after March 31, 2005.
Notes –
▪ Additional depreciation is not available in respect of building or furniture even
if the other conditions are satisfied.
▪ Additional depreciation is not available in respect of old plant and machinery.
3. Eligible plant and machinery:

Any plant and machinery which has been acquired and installed after March 31, 2005
by an assessee is qualified for additional depreciation.
However, the following assets are not eligible for additional depreciation:
a. ships and aircrafts; or
b. any machinery or plant which, before its installation by the assessee, was used
either within or outside India by any other person; or
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c. any machinery or plant which is installed in any office premises or any residential
accommodation, or accommodation in the nature of a guest house; or
d. any office appliances or road transport vehicles; or
e. any machinery or plant, the whole of the actual cost of which is allowed as a
deduction (whether by way of depreciation or otherwise) in computing the income
chargeable under the head “Profits and gains of business or profession” of any one
previous year.
Rate of additional depreciation

Additional depreciation shall be available @ 20 per cent of the actual cost of new plant and
machinery acquired and installed after March 31, 2005. If, however, the asset is put to use for
less than 180 days in the year in which it is acquired, the rate of additional depreciation will
be 10 per cent of the cost of acquisition in the first year and the balance 10% would be
available in the immediately succeeding previous year.
Rate of additional depreciation for acquisition and installation of new plant and machinery
in notified backward area in A.P., Bihar, Telangana or West Bengal provided the new plant
and machinery has been acquired and installed during April 1, 2015 to March 31, 2020:
In this case, additional depreciation is available in respect of new plant and machinery
acquired and installed @ 35 per cent of the actual cost (and not 20%). If, however, the
asset is put to use for less than 180 days in the year in which it is acquired, the rate of
additional depreciation will be 17.5 per cent (the remaining 17.5 per cent will be allowed as
deduction in the next year).
Notes –
1. If because of some reason, normal depreciation is not available, we can still claim
additional depreciation provided conditions of additional depreciation are satisfied.
2. Whenever depreciable asset is acquired otherwise than by an account payee cheque/

draft or use of electronic clearing system through a bank account (and the payment
exceeds Rs. 10,000), such payment shall not be eligible for normal/ additional
depreciation.
Unabsorbed depreciation
Following steps should be applied to claim depreciation:
Step 1: Depreciation allowance of the previous year is first deductible from the income
chargeable under the head “Profits and gains of business or profession”.
Step 2: Depreciation allowance, if not fully deductible under the head “Profits and gains of
business or profession”, it is deductible from the income chargeable under other heads of
income (except salaries) for the same assessment year.
Step 3: If depreciation allowance is still unabsorbed, it can be carried forward to the

subsequent year.
Notes –
1. Unabsorbed depreciation can be carried forward for unlimited number of years.
2. Continuity of business is not relevant for the purpose of adjusting unabsorbed

depreciation.
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3. In the subsequent year(s), unabsorbed depreciation can be set-off against any income
(except income under the head salaries). In the matter of set-off, following order of
priority must be followed to adjust unabsorbed depreciation from the “Profits and
gains of business or profession” in the subsequent year(s):
a. current depreciation
b. brought forward business loss
c. unabsorbed depreciation
Investment allowance for acquisition and installation of new plant and machinery in
notified backward area in A.P., Bihar, Telangana or West Bengal [Sec. 32AD]
Where an assessee, engaged in the business of manufacture or production of any article or

thing, acquires and installs “New Asset” during April 1, 2015 to March 31, 2020, a sum
equal to 15% of the actual cost of new asset acquired and installed during the previous year
is allowed as deduction in the year in which the new asset is installed.
For the purposes of this section, “New Asset” means a new plant or machinery but does not
include—
a. any plant or machinery which before its installation by the assessee was used either
within or outside India by any other person;
b. any plant or machinery installed in any office premises or any residential
accommodation, including accommodation in the nature of a guest house;
c. any office appliances including computers or computer software;
d. any vehicle;
e. ship or aircraft; or
f. any plant or machinery, the whole of the actual cost of which is allowed as deduction
(whether by way of depreciation or otherwise) in computing the income chargeable
under the head “Profits and gains of business or profession” of any previous year.
Note –
Whenever any asset is acquired otherwise than by an account payee cheque/ draft or use of
electronic clearing system through a bank account (and the payment exceeds Rs. 10,000),
such payment shall not be eligible for investment allowance under section 32AD.
Tea / Coffee/ Rubber development account [Sec. 33AB]

An assessee can claim deduction under this section if the following conditions are satisfied:
1. The assessee must be engaged in the business of growing and manufacturing tea or
coffee or rubber in India.
2. The assessee must make a deposit in a “special account” [i.e., deposit with National
Bank for Agriculture and Rural Development (NABARD)] or deposit under a scheme
approved by the Tea Board or Coffee Board or Rubber Board.
3. The aforesaid amount shall be deposited within 6 months from the end of the previous
year or before the due date of furnishing return of income, whichever is earlier.
Amount of deduction:
The amount of deduction is lower of the following:
a. a sum equal to amounts “deposited in special account” as mentioned above; or
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b. 40 per cent of the profit of such business computed under the head “Profits and gains
of business or profession” before making any deduction under section 33AB and
before adjusting brought forward business loss under section 72.
Site restoration fund [Sec. 33ABA]

An assessee can claim deduction under this section if the following conditions are satisfied:
1. The assessee must be engaged in the business of the prospecting for, or extraction or
production of, petroleum or natural gas or both in India.
2. The Central Government has entered into an agreement with the taxpayer for such
business.
3. The taxpayer must make a deposit with SBI in a “special account” in accordance with
a scheme approved by the Ministry of Petroleum and Natural Gas or deposit any
amount in a “site restoration account” under a scheme framed by the Ministry of
Petroleum and Natural Gas.
4. The aforesaid amount shall be deposited before the end of the previous year.
The amount of deduction is lower of the following:
a. a sum equal to amounts “deposited in site restoration account” as mentioned above; or
b. 20 per cent of the profits of such business computed under the head “Profits and gains
of business or profession” before making any deduction under section 33ABA and
before adjusting business forward business loss under section 72.
Expenditure on scientific research [Sec. 35]

The term “scientific research” means “any activity for the extension of knowledge in the
fields of natural or applied sciences including agriculture, animal husbandry or fisheries”. To
promote scientific research, section 35 provide tax incentives.
Following is the classification of such expenditures which are deductible under section 35:
1. Revenue expenditure incurred by the assessee himself [Sec. 35(1)(i)]
100 per cent deduction is allowed for such expenditure, if such research relates to the
business.
Pre-commencement period expenses:
Revenue expenses (other than expenditure on providing perquisites to employees)
incurred before the commencement of business (but within 3 years immediately
before commencement of business) on scientific research related to the business are
deductible in the previous year in which the business in commenced. However, the
deduction is limited to the extent it is certified by the prescribed authority.
Such expenses may be the expenditure on purchasing materials used in scientific
research, salary paid to employees (not being a perquisite).
2. Contribution made to outsiders [Sec. 35 (ii)/ (iii)]:

Where the assessee does not himself carry on research but makes contributions to
other institutions for this purpose, a weighted deduction is allowed, as follows-
a. Deduction allowed is 150 per cent of any sum paid to an approved research
association which has, as its object, undertaking of scientific research related
or unrelated to the business of assesse [Sec. 35(1)(ii)].
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b. Deduction allowed is 150 per cent of any sum paid to an approved university,
college or other institution for the use of scientific research related or
unrelated to the business of assesse [Sec. 35(1)(ii)].
c. Deduction allowed is 100 per cent of any sum paid to an approved association
which has as its object the undertaking of research in social science or
statistical science or an approved university, college or other institution for the
use of research in social sciences or statistical research related or unrelated to
the business of the assessee [Sec. 35(1)(iii)].
It is to be noted that approval under section 35(1)(ii)/(iii) is given by the Central

Government.
3. Capital expenditure incurred by an assessee himself [Sec. 35(2)]:

100 per cent deduction is allowed for such expenditure, if such research relates to the
business.
However, the following points must be noted in this regard:
a. Such expense may be on plant or equipment for research or constructing
building (excluding cost of land) for research or expenses of capital nature
connected with research like expenses on purchase of buses to transport
research personnel.
b. Where any capital expenditure has been incurred on scientific research related
to business before the commencement of business, the amount of such
expenditure incurred within 3 years immediately preceding the
commencement of the business, is deductible in the previous year in which the
business is commenced.
c. Deduction is available even if the relevant asset is not put to use for research
and development purposes during the previous year in which the expenditure
is incurred.
d. No deduction by way of depreciation is admissible in respect of an asset used

in scientific research.
e. If an asset is sold without having been used for other purposes, then surplus
(i.e., sale price) or deduction already allowed under section 35, whichever is
less, is chargeable to tax as business income of the previous year in which the
sale took place [Sec. 41(3)]. The excess of sale price over cost of acquisition
(or indexed cost of acquisition) is chargeable to tax under section 45 under the
head “Capital Gains”.
4. Contribution to national laboratory [Sec. 35 (2AA)]:

Deduction allowed is 150 per cent of actual payment made to “National Laboratory”
or University or Indian Institute of Technology (IIT) or specified person as approved
by the prescribed authority. However, the above payment is made under a specific
direction that it should be used by the aforesaid person for undertaking scientific
research programme approved by the prescribed authority.
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5. Expenditure on in-house research and development expenses [Sec. 35(2AB)]:
Deduction allowed is 150 per cent of the expenditure incurred if all the given below
conditions are satisfied:
a. The taxpayer is a company.
b. The company should be engaged in the business of manufacture or production of
any article or thing except those specified in the Eleventh Schedule.
c. It incurs any expenditure on scientific research and such expenditure is of capital
nature or revenue nature (not being expenditure in the nature of cost of any land
or building)*.
d. The research and development facility is approved by the prescribed authority.
However, if the aforesaid conditions are not satisfied, then deduction may be claimed
as per the rules mentioned in point (1) and point (3) above relating to revenue
expenses and capital expenses respectively.
In respect of the aforesaid expenditure, no deduction shall be allowed under any other
provisions of the Act.
* Cost of building (excluding cost of land) is eligible for 100 per cent deduction under
section 35(2).
6. Contribution to a company to be used by such company for scientific research [Sec.

35(1)(iia)]:
The taxpayer can claim a deduction of 100 per cent of the amount paid to the payee-
company if all the given below conditions are satisfied:
a. The taxpayer is any person (may be an individual, HUF, firm, company or any
other person).
b. The taxpayer has paid any sum to a company (hereinafter referred to as “payee-
company”) to be used by the payee for scientific research.
c. The scientific research may or may not be related to the business of the tax payer.
d. The payee-company is registered in India which has, as its main object, scientific
research and development.
e. The payee-company is for the time being approved by the prescribed authority.
f. The payee-company fulfils such other conditions as may be prescribed.
With a view to avoid multiple claims for deduction, it has been provided that the
payee-company will not be entitled to claim weighted deduction of 150 per cent under
section 35(2AB). However, deduction to the extent of 100 per cent of the sum spent
as revenue expenditure or capital expenditure on scientific research, which is
available under section 35(1), will continue to be allowed.
7. Carry forward and set-off of deficiency in subsequent years:

If on account of inadequacy or absence of profits of the business, deduction on
account of capital expenditure on scientific research cannot be allowed, fully or
partly, the deficiency so arising is to be carried forward as if it is an unabsorbed
depreciation.
Expenditure for obtaining right to use spectrum for telecommunication services [Sec.
35ABA]
Any capital expenditure incurred and actually paid by an assessee for acquiring any right to
use spectrum for telecommunication services by paying spectrum fee shall be allowed as
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deduction in equal instalments over the period for which the right to use spectrum remains in
force.
Deduction will be available starting from the year in which the business is commenced or the
year in which the spectrum fee is actually paid, whichever is later and ending with the year in
which spectrum comes to an end.
Amortization of telecom licence fees [Sec. 35ABB]

Following conditions should be satisfied to claim deduction under this section:
1. The expenditure is capital in nature.
2. It is incurred for acquiring any right to operate telecommunication services.
3. The expenditure is incurred either before the commencement of business or thereafter
at any time during any previous year.
4. The payment for the above has actually been made to obtain license.
If all the above conditions are satisfied, then deduction can be claimed under this section.
If the above conditions are not satisfied, then one may claim deduction in respect of
revenue expenditure under section 37(1).
The payment will be allowed as deduction in equal instalments over the period starting from
the year in which such payment has been made* and ending in the year in which the license
comes to an end.
* In case where the licence fee is actually paid before the commencement of the business to
operate communication services, then deduction is available for the previous years beginning
with the previous year in which such business is commenced and ending with the previous
year in which the licence comes to an end.
Where a deduction is claimed and allowed under section 35ABB, no deduction will be
available in respect of the same expenditure under section 32.
Expenditure on eligible projects or scheme [Sec. 35AC]
A deduction is allowed to any assessee in respect of the expenditure incurred for an eligible
project or scheme for promoting social and economic welfare or upliftment of the public as
may be specified by the Central Government on the recommendations of the National
Committee.
Who can claim deduction?
Assessee To whom the payment should be Direct expenditure on eligible
made project
A company Deduction is available if the taxpayer A company can also directly
incurs any expenditure by way of incur expenditure in respect of
payment of any sum to a public- eligible project and claim the
sector company or a local authority same as deduction.
or to an association or institution
approved by the National Committee
for carrying out any eligible project
or scheme.
A person other Same as above Direct expenditure is not
than a company permitted
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It is to be noted that if a deduction is claimed and allowed under section 35AC, the same is
not allowed as deduction under any other provisions of the Act.
Deduction in respect of expenditure on specified business [Sec. 35AD]

This section provides investment-linked tax incentive.
Deduction under section 35AD is available only in the case of a “specified business” given
below:
Specified business Who should Approval (if any) Date of
own the commencement of
business business
1. Setting up and Any person Not required On or after April 1,
operating a cold 2009
chain facility
2. Setting up and Any person Not required On or after April 1,
operating a 2009
warehousing facility
for storage of
agricultural produce
3. Laying and An Indian Should be approved by On or after April 1,
operating a cross- company or a Petroleum and Natural Gas 2007, in the case of
country natural gas consortium of Regulatory Board and laying and operating
or crude or petroleum Indian notified by the Central a cross-country
oil pipeline network companies or Government natural gas pipeline
for distribution, an authority/ network for
including storage Board/ distribution or
facilities being an corporation storage. [However, in
integral part of such established any other case the
network under any date is on or after
Central or April 1, 2009]
State Act
4. Building and Any person No approval required; On or after April 1,
operating anywhere however, hotel should be 2010
in India, a hotel of 2 classified by the Central
star or above Government as 2 star or
category above category
5. Building and Any person No approval required On or after April 1,
operating anywhere 2010
in India, any hospital
with at least 100 beds
for patients
6. Developing and Any person Developing and building On or after April 1,
building a housing housing project should be 2010
project under a scheme for slum
redevelopment or
rehabilitation framed by the
Central Government/ State
Government and notified by
the Board in accordance
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with prescribed guidelines
7. Developing and Any person Developing and building a On or after April 1,
building a housing housing project should be 2011
project under a scheme for
affordable housing framed
by the Central Government/
State Government and
notified by the Board
8. Production of Any person Not required On or after April 1,
fertilizer in India 2011
9. Setting up and Any person As notified or approved On or after April 1,
operating an inland under the Customs Act 2012
container depot or a
container freight
station
10. Bee-keeping and Any person No approval On or after April 1,
production of honey 2012
and beeswax
11. Setting up and Any person No approval On or after April 1,
operating a 2012
warehousing facility
for storage of sugar
12. Laying and Any person No approval On or after April 1,
operating a slurry 2014
pipeline for the
transportation of iron
ore
13. Setting up and Any person As notified by the Board in On or after April 1,
operating a semi- accordance with such 2014
conductor wafer guidelines as may be
fabrication prescribed
manufacturing unit
100 per cent of capital expenditure incurred wholly and exclusively for the purpose of
specified business carried on by the assessee is deductible in the previous year in which the
expenditure is incurred.
Further, if the specified business is of the nature referred to in Point Nos. 1, 2, 5, 7, 8 (in the
table given above) and has commenced its operation on or after April 1, 2012, it will be
eligible for weighted deduction at the rate of 150 per cent of qualifying expenditure.
Payment to associations and institutions for carrying out rural development

programmes [Sec. 35CCA]
This section provides deductions of sums paid by any assessee to:
1. any association or institution to be used for carrying out any programme of rural
development approved before March 1, 1983;
2. an association or institution which has its object the training of persons for
implementation of a rural development programme approved before March 1, 1983;
3. the National Fund for Rural Development; and
4. notified National Urban Poverty Eradication Fund.
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Expenditure incurred on agricultural extension project [Sec. 35CCC]
This section provides that where an assessee incurs any expenditure on notified agricultural
extension project, then he will be eligible to claim a weighted deduction of 150 per cent of
such expenditure.
Where a deduction is claimed and allowed for any assessment year in respect of any
expenditure referred to above, deduction shall not be allowed in respect of such expenditure
under any other provisions of the Act for the same or any other assessment year.
Expenditure incurred for skill development [Sec. 35CCD]

This section provides that where a company incurs any expenditure (not being expenditure in
the nature of cost of any land or building) on any notified skill development project, then
such company can claim a weighted deduction of 150 per cent of such expenditure.
Where a deduction is claimed and allowed for any assessment year in respect of any
expenditure referred to above, deduction shall not be allowed in respect of such expenditure
under any other provisions of the Act for the same or any other assessment year.
Amortization of preliminary expenses [Sec. 35D]

Deduction is available in case of an Indian company or a resident non-corporate assessee.
A foreign company even if it is resident in India, cannot claim any deduction under section
35D.
Types of preliminary expenses:

1. Expenses incurred before commencement of business means for setting up any
undertaking or business.
2. Expenses incurred after commencement of business means for extension of an
undertaking or for setting up of a new unit.
One-fifth of the qualifying expenditure is allowable as deduction in each of the 5 successive
years beginning with the year in which the business commences, or as the case may be, the
previous year in which extension of the undertaking is completed or the new unit commences
production or operation.
Qualifying expenditure includes:

1. The work should be carried on by the assessee itself or by a concern approved by the
Board:
Expenditure in connection with preparation of feasibility report, preparation of project
report, conducting a market survey (or any other survey necessary for the business of
the assessee), or engineering services relating to the business of the assessee, provided
the work is carried on by the assessee himself or by a concern which is for the time
being approved in this behalf by the board.
2. The work can be carried on by the assessee itself or by any concern (approved or not
approved):
a. Legal charges for drafting any agreement between the assessee and any other
person relating to the setting up of the business of the assessee.
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b. Legal charges for drafting the memorandum and articles of association, if the
taxpayer is a company.
c. Printing expenses of the memorandum and articles of association, if the taxpayer
is a company.
d. Registration fee of a company under the provisions of the Companies Act.
e. Expenses in connection with the public issue of shares or debentures of a
company, underwriting commission, brokerage and charges for drafting, typing,
printing and advertisement of the prospectus.
f. Any other expenditure which is prescribed* (*Nothing is prescribed so far).
Maximum ceiling of qualifying expenditure:

The amount qualified as deduction must never exceed the following limits:
1. In the case of a corporate assessee:
5% of the cost of project or 5% of capital employed, whichever is more.
2. In the case of a non-corporate assessee: 5% of the cost of project.
Capital employed in the business of a company:

It means the aggregate of the issued share capital*, debentures and long-term borrowings, as
on the last day of the previous year in which the business of the company commences (in the
case of an existing company, only capital, debentures and long-term borrowing issued or
obtained in connection with the extension of the undertaking or the setting up of the new unit
of the company, shall be considered).
Cost of the project:

It means the actual cost (or additional cost incurred after commencement of business in
connection with extension or setting up an undertaking) of fixed assets, namely, land,
buildings, leaseholds, plant, machinery, furniture, fittings and railway sidings (including
expenditure on development of land and buildings), which are shown in the books of the
assessee on the last day of the previous year in which the business of the assessee
commences.
Note:
If expenditure is allowed as deduction under section 35D, the same is not allowed as
deduction under any other provision of the Act.
Amortization of expenditure in the case of amalgamation/ demerger [Sec. 35DD]

If an Indian company or co-operative bank incurs any expenditure on or after April 1, 1999
for the purpose of amalgamation or demerger, the expenditure is deductible in 5 equal annual
instalments and the first instalment starts from the previous year in which amalgamation or
demerger takes place.
Amortization of expenditure under voluntary retirement scheme [Sec. 35DDA]

Any sum paid to an employee in connection with his voluntary retirement under any scheme
of voluntary retirement, is deductible in 5 equal annual instalments and the first instalment
starts from the year in which such amount is actually paid.
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7.4 Other Deduction [Section 36]
1. Premia for insurance on health of employees:

Health insurance premium of employees paid by employer by any mode other than
cash is deductible.
2. Bonus or commission to employees:

Bonus or commission paid to an employee is allowable as deduction subject to certain
conditions:
a. Amount payable to employees as bonus or commission should not otherwise have
been payable to them as profit or dividend.
b. Deduction is allowed on payment basis:
Bonus or commission is allowed as deduction only where payment is made during
the previous year or on or before the due date of furnishing return of income under
section 139.
3. Interest on borrowed capital:

Interest on capital borrowed is allowed as deduction if the following conditions are
satisfied:
a. The assessee must have borrowed money:
- Interest on own capital is not deductible.
- If there is no obligation to refund the capital provided, interest on such capital
is not deductible.
- Interest paid by a firm to partners is deductible according to the provisions of
section 40(b) [i.e., @ 12% p.a. simple interest]. However, interest paid by an
association of persons to its members is not deductible.
b. The money so borrowed must have been used for the purpose of business or
profession:
- If capital is borrowed for the purpose of acquisition of a business asset it is not
necessary that the assessee must have used that business asset for doing
business in the relevant accounting year.
- Interest on money borrowed for payment of dividends is an allowable
deduction.
- Interest on money borrowed to pay income-tax is not allowable as deduction.
Interest for late payment/ non-payment of advance tax or for late filling of
return is not allowable as deduction, as in such a case there is no borrowing of
capital for business purposes. Similarly, where interest is paid for meeting tax
liability of partners, such interest is not deductible.
c. Interest is paid or payable on such borrowing
4. Discount on zero coupon bonds:

Discount on notified zero coupon bonds (being the difference between amount
received and the amount payable on redemption/ maturity by the issuing company) is
allowed as deduction on pro rata basis. The pro rata deduction is available having
regard to the period of life of such bond. “Period of life of the bond” means the period
commencing from the date of issuing of the bond and ending on the date of the
maturity or redemption of such bond.
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5. Employer’s contribution to recognized provident fund and approved superannuation
fund [Sec. 36(1)(iv)]
Employer’s contribution towards a recognized provident fund or an approved
superannuation fund is allowable as deduction subject to the limits laid down for the
purpose of recognizing the provident fund or approving superannuation fund.
6. Employer’s contribution to national pension scheme [Sec. 36(1)(iva)]

Employer’s contribution towards employee’s NPS (to the extent of 10 per cent of
“salary” of employees) shall be allowed as deduction in computing the income under
the head “Profits and gains of business or profession”. “Salary” for this purpose
means basic salary, dearness allowance (if terms of employment provide) and
commission based on fixed percentage of turnover achieved an employee as per terms
of contract of employment.
7. Employer’s contribution towards an approved gratuity fund [Sec. 36(1)(v)]

Employer’s contribution towards an approved gratuity fund created by him
exclusively for the benefit of his employees under an irrevocable trust is allowed as
deduction subject to the provisions of section 43B.
8. Employees’ contribution towards staff welfare Scheme [Sec. 36(1)(va)]:

Section 2(24) defines income. Clause (x) of section 2(24) provides that any sum
received by any employer from his employees as contribution to provident fund (or
any fund for the welfare of such employees) shall be included in the employer’s
income.
Moreover, section 36(1)(va) provides that any sum received by the employer as
contribution from his employees towards provident fund (or any welfare fund of such
employees) shall be allowed as deduction only if such sum is credited by the
employer to the employee’s account in the relevant fund on or before the due date.
For this purpose, “due date” means the date by which the employer is required to
credit such contribution to the employee’s account in the relevant fund under the
provisions of any law or term of contract of service or otherwise.
9. Write off of allowance for animals:

In respect of animals (including birds and chicken), which are used for the purposes
of business or profession (not as stock-in-trade) and have died or become useless, the
difference between the actual cost of the animals to the assessee and the amount
realized (if any) in respect of carcasses or sale of animals, is allowable as deduction.
Here, birds and chicken are also treated as animals.
10. Bad debts [Sec. 36(1)(vii)]:

Amount of any debt or part is allowable as deduction subject to the following
conditions:
a. the debt has been taken into account in computing the income of the assessee of
that previous year or of an earlier previous year, or represents money lent in the
ordinary course of business of banking or money-lending which is carried on by
the assessee; and
b. it has been written off as irrecoverable in the accounts of the assessee for that
previous year.
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Adjustment at the time of recovery –
Where debt ultimately recovered is less than the difference between the amount of
debt and bad debt allowed as deduction, such deficiency is deductible in the previous
year in which the ultimate recovery is made. Conversely, where the debt ultimate
recovered is more than the difference between the amount of debt and bad debt
allowed as deduction, such excess amount will be chargeable to tax in the year of
recovery under section 41(4).
11. Family Planning Expenditure [Sec. 36(1)(ix)]:

Any bonafide, expenditure incurred by a company for the purpose of promoting
family planning among its employees, is allowable as deduction. If, however, such
expenditure is of capital nature, then the amount is deductible in 5 equal annual
instalments and the first instalment starts from the year in which the expenditure is
incurred.
Note –
a. No deduction is available under this section in the case of a non-corporate
assessee. A non-corporate assessee may claim deduction under sections 32 and
37(1) if the relevant conditions are satisfied.
b. Any family planning expenditure (capital or revenue) which is not allowed as
deduction due to inadequacy of profits, shall be set-off and carry-forward as if
it is an unabsorbed depreciation.
12. Banking cash transaction tax and securities transaction tax and commodities
transaction tax:
These taxes are deductible under section 36. But securities transaction tax and
commodities transaction tax are deductible only if the assessee is a dealer in securities
or commodity derivatives.
7.5 General Deductions [Section 37]
Section 37(1) is a residuary section. In order to claim deduction under this section, the
following conditions should be satisfied:
1. The expenditure should not be of the nature described under sections 30 to 36.
2. It should not be in the nature of capital expenditure.
3. It should not be assessee’s personal expenditure.
4. It should have been incurred in the previous year.
5. It should be in respect of business carried on by the assessee.
6. It should have been expended wholly and exclusively for the purpose of such
business.
7. It should not have been incurred for any purpose which is an offence or prohibited by
any law.
7.6 Advertisement expenses [Section 37(2B)]
Deduction is not available in respect of expenditure incurred by an assessee on advertisement

in any souvenir, brochure, tract, pamphlet or the like published by a political party.
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Contribution to a political party is deductible under section 80GGB (if contribution is made
by an Indian company) or under section 80GGC (if contribution is made by a person other
than an Indian company).
Expenditure by way of advertisement in a magazine owned by a political party is treated as

“contribution” to a political party for the purpose of section 80GGB, but not for the purpose
of section 80GGC. In other words, advertisement expenditure (in a magazine owned by a
political party) is deductible under section 80GGB (if the taxpayer is an Indian company) but
the same is not deductible under section 80GGC (if the taxpayer is a person other than an
Indian company).
7.7 Summary
This chapter has discussed the first portion of computation of profit and gains of business or
profession. This is the third head of income after salary and house property. The chapter
discussed the basis of charge and expenses which are allowed to be shown as valid business
expenditures for the purpose of business or profession.
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LESSON 7
Unit II
PROFITS AND GAINS OF BUSINESS OR PROFESSION - II
7.1 Specific Disallowances

7.2 Amount not deductible under section 40(a)
7.3 Amount not deductible under section 40A
7.4 Amount not deductible in respect of unpaid liability [Sec. 43B]
7.5 Sale consideration in case of Transfer of Immovable Property [Sec. 43CA]
7.6 Time for filing return of income [Sec. 139(1)]
7.7 Deemed Profits [Sec. 41]
7.8 Taxation of Undisclosed Income/ Investments
7.9 Maintenance of books of account [Sec. 44AA]
7.10 Special provisions to compute income on estimated basis in the case of taxpayer
engaged in a business [Sec. 44AD]
7.11 Special provision for computing profits and gains of profession on presumptive basis
[Sec. 44ADA]
engaged in the business of plying, leasing or hiring trucks [Sec. 44AE]
7.13 Summary
7.14 Exercise
7.1 Specific Disallowances
The following expenses given by sections 40, 40A and 43B are expressly disallowed by the
Act while computing income chargeable under the head “Profits and gains of business or
profession”.
7.2 Amount not deductible under section 40(a)
In the case of any assessee, the following expenses are expressly disallowed under section 40
(a):
Interest, royalty, fees for technical services or any other sum (except salary) payable
outside India or payable to a non-resident in India [Sec. 40(a)(i)]
If the following three conditions are satisfied, the assessee (i.e., the payer) is supposed to
deduct tax at source (TDS) and deposit the same with the Government:
Condition 1: The amount paid is interest, royalty, fees for technical services or any
other sum (not being salary).
Condition 2: The aforesaid amount is chargeable to tax under the Act in the hands
of the recipient.
Condition 3: The aforesaid amount is paid/ payable (a) outside India to any person;
or (b) in India to a non-resident.
If the assessee fails to deduct tax at source, 100% of such expenditure is disallowed.
Disallowance of expenditure under section 40(a)(i):
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TDS default Is such expenditure Is such expenditure deductible in any
deductible in the subsequent previous year
current previous
year
Case 1: Tax is deductible 100% of such If tax is deducted in any subsequent
during the current financial/ expenditure isyear, the expenditure (which is
previous year but not disallowed in the disallowed in the current year) will be
deducted during the current current year deducted in the year in which TDS will
financial/ previous year be deposited by the assessee with the
Government
Case 2: Tax is deductible 100% of such If tax is deposited with the Government
(and is so deducted) during expenditure is after the due date of submission of
the current financial year but disallowed in the return of income, the expenditure
it is not deposited on or current year (which is disallowed in the current
before the due date of year) will be deducted in that year in
submission of return of which tax will be deposited
income under section 139(1)
Any sum payable (including salary) to a resident (in India or outside India) [Sec.
40(a)(ia)]
Disallowance of expenditure under section 40(a)(ia):

TDS default Is such expenditure Is such expenditure deductible in any
deductible in the subsequent previous year
current previous
year
Case 1: Tax is deductible 30% of such If tax is deducted in any subsequent
during the current financial/ expenditure isyear, the expenditure (which is
previous year but not disallowed in the disallowed in the current year) will be
deducted during the current current year deducted in the year in which TDS will
financial/ previous year be deposited by the assessee with the
Government
Case 2: Tax is deductible 30% of such If tax is deposited with the Government
(and is so deducted) during expenditure is after the due date of submission of
the current financial year but disallowed in the return of income, the expenditure
it is not deposited on or current year (which is disallowed in the current
before the due date of year) will be deducted in that year in
submission of return of which tax will be deposited
income under section 139(1)
Relief applicable in Sec. 40(a)(ia) when recipient has paid tax:

In case of disallowances of section 40(a)(ia), relief is applicable in case 1 default if recipient
has paid the tax. In such a case, it shall be deemed that the payer has deducted and paid the
tax on such amount and the date of payment shall be assumed as the date when return of
income is furnished by the resident recipient.
Amount paid to a non-resident for a service where equalization levy is payable [Sec.
40(a)(ib)]
Where equalization levy (applicable for a specified service) is deductible but not deducted (or
deducted but not deposited till due date of filing return of income), any amount paid to a non-
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resident will be disallowed. However, it will be allowed in the year in which such levy is
deposited.
Salary payable outside India (or in India to a non-resident) without tax deduction [Sec.
40(a)(iii)]
This section is applicable if salary is paid paid/ payable outside India to any person or in
India to a non-resident and tax has not been paid to the Government nor deducted at source
under the Income-tax Act. In such a case, salary payment is not allowed as deduction.
Fringe benefit tax (FBT), income-tax, dividend tax, wealth-tax (including penalty, fine
and interest)
These taxes are not deductible while computing income from business or profession.
Note –
Any sum paid on account of income tax (or interest on money borrowed to pay income-tax) is
not deductible. Similarly, any interest/ penalty/ fine for non-payment or late payment of
income-tax is not deductible. This rule is applicable whether income-tax is payable in India
or outside India.
7.3 Amount not deductible under section 40A
In the case of any assessee, the following expenses are expressly disallowed under section
40A:
Amount not deductible in respect of payment to relatives [Sec. 40A(2)]

Any expenditure incurred by an assessee in respect of which payment has been made to the
relatives is liable to be disallowed in computing business profits to the extent such
expenditure is considered to be excessive or unreasonable, having regard to the fair market
value* of goods or services or facilities, etc.
Relative [Sec. 2(41]):

Relative means the husband, wife, brother or sister or any linear ascendant or descendant of
that individual.
Substantial Interest:
A person is deemed to have substantial interest in the business or profession if such person is
the beneficial owner of at least 20% of equity capital (in case of a company) or if such person
is entitled to 20% profits of a concern (in any other case) at any time during the previous
year.
* The aforesaid disallowance shall not be made if such transaction is at arm’s length price as
defined in section 92F(ii).
Amount not deductible in respect of expenditure exceeding Rs. 10,000 (*Rs. 35,000 in
case of payment made for plying, hiring or leasing goods carriages) [Sec. 40A(3)]
No deduction is allowed if the following conditions are satisfied:
a. The assessee incurs any expenditure which is otherwise deductible under other
provisions of the Act for computing business/ profession income (i.e., expenditure for
purchase of raw material, trading goods, expenditure on salary, etc.) and the amount
of expenditure exceeds Rs. 10,000*.
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b. A payment (or aggregate of payments made to a person in a day) in respect of the
above expenditure exceeds Rs. 10,000*.
c. The above payment is made otherwise than by an account payee cheque/ account
payee draft or use of electronic clearing system through a bank account (i.e., it is
made in cash or by a bearer cheque or by a crossed cheque or by a crossed demand
draft).
Notes –
a. If aggregate payment in a day (otherwise than by an account payee cheque/ draft) to
the same person in respect of an expenditure exceeds Rs. 10,000*, it will be
disallowed under section 40A(3), even if none of each payment in a day exceeds Rs.
10,000*.
b. If an assessee makes payment of two different bills (none of them exceeds Rs.
10,000*) at the same time in cash (or by bearer cheque or by crossed cheque or by
crossed demand draft), section 40A(3) is not applicable even if the aggregate payment
is more than Rs. 10,000*. To attract the disallowance under section 40A(3), both the
amount of the bill and the amount of payment should exceed Rs. 10,000*.
c. Where the assessee makes payment over Rs. 10,000* at a time, partly by an account
payee cheque and partly in cash (or bearer cheque or crossed cheque or by crossed
demand draft) to some parties and this payment in cash (or by bearer cheque or
crossed cheque or crossed demand draft) alone at one time does not exceed Rs.
10,000*, section 40A(3) is not attracted.
d. Provision of section 40A(3) does not apply in respect of an expenditure which is not
to be claimed as deduction under sections 30 to 37.
Some cases where no disallowance will be made even if the expenditure (exceeding Rs.
10,000*) is made in cash:
- Payment to Indian railways;
- Payment of taxes to the government;
- Payment made on a day on which the banks were closed either on account of holiday
or strike, etc.
Amount not deductible in respect of provision for unapproved gratuity fund [Sec.
40A(7)]
Provision for gratuity fund (for meeting future liability) is deductible only if such gratuity
fund is an approved gratuity fund. In other words, we can say that any provision for
unapproved gratuity fund (for meeting future liability) is not deductible.
Notes –
a. An employee retires during the current year. Gratuity is paid to him during the current
year. It is deductible during the current year if no deduction was claimed earlier.
b. An employee retires during the current year. Gratuity is payable to him. A part of the
amount is paid during the current year and the balance will be paid in the next year. A
provision is made towards gratuity in the books of account of the current year for
making payment in the next year. The entire amount is deductible during the current
year if no deduction was claimed earlier.
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In this case, deduction is available during the current year even if provision is made
for gratuity fund, which is unapproved (because, here, the provision is made for
already due liability and not for the future liability).
c. A company has 50 employees. To meet future liability to pay them gratuity at the time
of retirement, a gratuity fund is created and the employer makes contribution every
year. Employers’ contribution to this fund is deductible only if the gratuity fund is an
approved gratuity fund.
Amount not deductible in respect of contributions to non-statutory funds [Sec. 40A(9)]

Any sum paid by the assessee as an employer by way of contribution towards recognized
provident fund, or approved superannuation fund or an approved gratuity fund or NPS is
deductible to the extent it is required by any law.
In simple words, if the following conditions are satisfied, then contribution or payment is not
deductible by section 40A(9):
a. The contribution/ payment is made by an assessee as an employer.
b. It is paid towards setting up (or formation of) any trust, company, association of
persons, body of individuals, society or it is paid by way of contributions to any fund.
c. The contribution or payment is not required by any law.
Notes –
a. Contribution by an assessee (not being in the capacity of an “employer”) cannot be
disallowed under section 40A(9).
b. All expenses incurred for the benefit of employees by an employer cannot be treated
as contribution by the employer towards the various funds enumerated in section
40A(9). What is disallowed under section 40A(9) is employer’s contribution/ payment
towards a fund (for the benefit of employees) which is otherwise not required by any
law (which is paid or contributed by an employer under contractual obligation or
otherwise but not under a legal requirement).
Examples –
a. N Ltd. incurs an expenditure of Rs. 50,000 for maintenance of street lights in
worker’s colony. The expenditure is incurred without any legal or contractual
requirement.
In this case, nothing will be disallowed under section 40A(9), as it is not towards
setting up or formation of, or as contribution to, any fund, society, etc.
b. A Ltd. has a tea club in its office. Tea club provides tea, coffee, snacks, softdrinks to
the employees during tea breaks. The club has been set up by employees (and/ or by
A Ltd.) for the benefit of employees without any legal requirement. A Ltd. contributes
Rs. 50,000 annually towards tea club.
It will be disallowed under section 40A(9) in the hands of A Ltd. The position will
remain the same even if tea club was set up by the employer under the terms of
employment but without any legal obligation.
c. Employer’s contribution towards unrecognized provident fund or any other staff

welfare fund (without any statutory requirement) will be disallowed under section
40A(9).
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7.4 Amount not deductible in respect of unpaid liability [Sec. 43B]
Section 43B is applicable only if the taxpayer maintains books of account on the basis of
merchantile system of accounting. The following expenses (which are otherwise deductible
under the other provisions of the Income-tax Act) are deductible on payment basis:
1. Any sum payable by way of tax, duty, cess or fee (by whatever name called under any
law for the time being in force);
2. Any sum payable by an employer by way of contribution to provident fund or
superannuation fund or any other fund for the welfare of employees;
3. Any sum payable as bonus or commission to employees for service rendered;
4. Any sum payable as interest on any loan or borrowing from a public financial
institution (i.e., ICICI, IFCI, IDBI, LIC and UTI) or a state financial corporation or a
state industrial investment corporation;
5. Interest on any loan or advance taken from a scheduled bank or a co-operative bank
other than a primary agricultural credit society or a primary co-operative agricultural
and rural development bank;
6. Any sum payable by an employer in lieu of leave at the credit of his employee; and
7. Any sum payable on account of use of railway assets.
The above expenses are deductible in the year in which payment is actually made.
Exception:
However, if the assessee maintains books of account on merchantile basis and the given
below two conditions are satisfied, then the expenditure is deductible on “accrual” basis in
the year in which the liability is incurred. The conditions are:
1. Payment in respect of the aforesaid expenses is actually made on or before the due
date of submission of return of income; and
2. The evidence of such payment is submitted along with the return of income. But no
annexure is possible with the new Income-tax return forms; so such evidence should
be kept by the taxpayer himself and it can be produced before the Assessing Officer
whenever he is required to produce it.
7.5 Sale consideration in case of Transfer of Immovable Property [Sec. 43CA]
Where the consideration for the transfer of an asset (other than capital asset), being land or
building or both, is less than the stamp duty value, the value so adopted (or assessed or
assessable) shall be deemed to be the full value of the consideration for the purposes of
computing income under the head “Profits and gains of business or profession”.
7.6 Time for filing return of income [Sec. 139(1)]
The due date for filling returns of incomes are given below:
Different situations Due date of submission of return

Where the assessee is required to furnish a report November 30 of the assessment year
under section 92E pertaining to international or
specified domestic transaction(s)
Where the assessee is a company [not having September 30 of the assessment year
131
international or specified domestic transaction(s)]
Where the assessee is a person other than a company
[i.e., not having international or specified domestic
transaction(s)]:
- In case where accounts of the assessee are September 30 of the assessment year
required to be audited under any law
- Where the assessee is a “working partner” in September 30 of the assessment year
a firm whose accounts are required to be
audited under any law
- In any other case July 31 of the assessment year
7.7 Deemed Profits [Sec. 41]
Recovery against any deduction [Sec. 41(1)]

This section is applicable if the following conditions are satisfied:
a. In any of the earlier, years a deduction was allowed to the taxpayer in respect of loss,
expenditure (revenue or capital expenditure) or trading liability incurred by the
assessee.
b. During the current previous year, the taxpayer:
i. has obtained a refund of such trading liability (it may be in cash or any other
manner); or
ii. has obtained some benefit in respect of such trading liability by way of
remission or cessation thereof (“remission or cessation” for this purpose
includes unilateral act of the assessee by way of writing-off of such liability in
his books of account).
If the above two conditions are satisfied, the amount obtained by such person (or the value of
benefit accruing to the taxpayer) shall be deemed to be the profits and gains of business or
profession and, accordingly, chargeable to tax as the income of that previous year. This rule
is applicable even if the business is not in existence in the year of recovery.
Sale of assets used for scientific research [Sec. 41(3)]

Where any capital asset used in scientific research is sold without having been used for other
purposes and the sale proceeds, together with the amount of deduction allowed under section
35, exceed the amount of capital expenditure incurred on purchase of such asset, such surplus
(i.e., sale price) or the amount of deduction allowed, whichever is less, is chargeable to tax as
business income in the year in which the sale took place even if the business is not in
existence.
Recovery of bad debts [Sec. 41(4)]

Where any bad debt has been allowed as deduction and the amount subsequently recovered
on such debt is greater than the difference between the debt and the deduction so allowed, the
excess realization is chargeable to tax as business income of the year in which the debt is
recovered even if the business is not in existence.
Recovery after discontinuance of business or profession

Where any business or profession is discontinued by reason of retirement or death of the
person carrying on such business or profession, any sum received after the discontinuance of
the business or profession is deemed to be the income of the recipient and charged to tax in
the year of receipt.
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Adjustment of loss [Sec. 41(5)]
Generally, loss of a business cannot be carried forward after 8 years but there is an exception
to this rule.
This exception is applicable if the following conditions are satisfied:
a. The business or profession is discontinued.
b. Loss of such business or profession pertaining to the year in which it is discontinued
could not be set-off against any other income of that year.
c. Such business is not a speculative business.
d. After discontinuation of such business or profession, there is a receipt which is
deemed as business income.
7.8 Taxation of Undisclosed Income/ Investments
Undisclosed incomes/ investments are taxable @ 30% + Surcharge + cess @ 3%.

The following are treated as income from undisclosed sources:
1. Cash credit [Sec. 68]:
Where any sum is found credited in the books of an assessee maintained for any
previous year and the assessee offers no explanation about the nature and source
thereof or the explanation offered by him is not, in the opinion of the Assessing
Officer, satisfactory, the sum so credited may be charged to income-tax as the income
of the assessee of that previous year.
2. Unexplained investments [Sec. 69]:

Where in the financial year immediately preceding the assessment year, the assessee
has made investments which are not recorded in the books of account, if any,
maintained by him for any source of income and the assessee offers no explanation
about the nature and source of the investments or the explanation offered by him is
not, in the opinion of the Assessing Officer, satisfactory, the value of the investments
may be deemed to be the income of the assessee of such financial year.
3. Unexplained money, etc. [Sec. 69A]:

Where in any financial year the assessee is found to be the owner of any money,
bullion, jewellery, or other valuable article and such items are not recorded in the
books of account, if any, maintained by him for any source of income and the assess
offers no explanation about the nature and scope of acquisition of these items, or the
explanation offered by him is not, in the opinion of the Assessing Officer,
satisfactory, the money and the value of these items may be deemed to be the income
of the assessee for such financial year.
4. Amount of investments, etc., not fully disclosed in books of account [Sec. 69B]:
Where in any financial year the assessee has made investments or is found to be the
owner of any bullion, jewellery, or other valuable article, and the Assessing Officer
finds that the amount expended on making such investments or in acquiring such
items exceeds the amount recorded in this behalf in the books of account maintained
by the assessee for any source of income, and the assessee offers no explanation about
such excess amount or the explanation offered by him is not, in the opinion of
Assessing Officer, satisfactory, the excess amount may be deemed to be the income of
the assessing, for such financial year.
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5. Unexplained expenditure, etc. [Sec. 69C]:
Where in any financial year an assessee has incurred any expenditure and he offers no
explanation about the source of such expenditure or part thereof, or the explanation, if
any, offered by him is not, in the opinion of the Assessing Officer, satisfactory, the
amount covered by such expenditure or part thereof, as the case may be, deemed to be
the income of the assessee for such financial year.
The proviso to section 69C provides that notwithstanding anything contained in any
other provisions of the Act, such unexplained expenditure which is deemed to be the
income of the assessee shall not be allowed as a deduction under any head of income.
6. Amount borrowed or repaid on hundi [Sec. 69D]:

Where any amount is borrowed on a hundi from, or any amount due thereon is repaid
to, any person otherwise than through an account payee cheque drawn on a bank, the
amount so borrowed or repaid shall be deemed to be the income of the person
borrowing or repaying the amount aforesaid for the previous year in which the
amount was borrowed or repaid, as the case may be.
To avoid the situation of double taxation, it has been provided that if any amount
borrowed on a hundi has been deemed under the provisions of this section to be the
income of any person, such person should not be liable to be assessed again in respect
of such amount under the provisions of this section on repayment of such amount.
Moreover, for the purpose of this section, the amount repaid includes the amount of
interest paid on the amount borrowed.
7.9 Maintenance of books of account [Sec. 44AA]
Provisions related to maintenance of books of account are given below:

1. Persons carrying on “specified professions”:
For the purpose of section 44AA and rule 6F legal, medical, engineering,
architectural, accountancy, technical consultancy, or interior decoration or any other
notified profession (i.e., authorized representative, film artist, company secretary and
information technology) are specified professions.
In case of ‘specified profession’, if annual gross receipts (of any one or more of
preceding 3 years) do not exceed Rs. 1,50,000, the taxpayer is required to maintain
such books of account as may enable the Assessing Officer to compute his taxable
income. If, however, annual gross receipts (of all preceding 3 years) are more than Rs.
1,50,000, the taxpayer will have to maintain such books of account as are prescribed
by rule 6F [i.e., cash book, journal, ledger, copies of bills issued by the taxpayer, etc.].
2. Persons carrying on “non-specified professions” or any other business:

A non-specified profession is a profession other than a ‘specified profession’.
If annual business income does not exceed Rs. 1,20,000 (Rs. 1,50,000 in case of
individual/ HUF), or annual turnover/ gross receipts do not exceed Rs. 10,00,000 of
all preceding 3 years (Rs. 25,00,000 in case of individual/ HUF), the taxpayer is not
required to maintain any books of account. Conversely, if annual business income or
annual turnover/ gross receipts exceed these figures (in any one or more of preceding
3 years), the taxpayer is required to maintain such books of account as may enable the
Assessing Officer to compute his taxable income (books are not prescribed by the
Board).
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3. Persons covered by sections 44AE, 44BB and 44BBB:
If it is claimed that business income is lower than the profits and gains computed
under these sections on estimated basis, the taxpayer is required to maintain such
books of account as may enable the Assessing Officer to compute his taxable income
(books are not prescribed by the Board).
engaged in a business [Sec. 44AD]
Section 44AD is applicable if all the following conditions are satisfied:

1. The assessee may be a resident individual, a resident HUF or a resident partnership
firm (not being a limited liability firm).
2. The assessee has not claimed any deduction under sections 10A, 10AA, 10B, 10BA,
80HH to 80RRB in the relevant assessment year.
3. The assessee should be engaged in any business except the following:

a. a person carrying on specified profession as referred to in section 44AA;
b. a person earning income in the nature of commission or brokerage;
c. a person carrying on any agency business; or
d. a person who is in the business of plying, hiring or leasing goods carriages
referred to in section 44AE.
4. Total turnover/ gross receipts in the previous year of the eligible business should not
exceed Rs. 2 crore.
Consequences if section 44AD is applicable:

1. The income from the eligible business is estimated at 8 percent* of the gross receipt
or total turnover. In case, the total turnover or gross receipts received by an account
payee cheque/ draft or use of electronic clearing system through a bank account
during the previous year or before the due date of submission of return of income
under section 139(1), the income from the eligible business is estimated at 6%.
However, the assessee can voluntarily declare a higher income (higher than 8% or
6%, as the case may be) in his return.
2. All deductions under sections 30 to 38, including depreciation and unabsorbed

depreciation, are deemed to have been already allowed and no further deduction is
allowed under these sections. The WDV is calculated, where necessary, as if
depreciation as applicable has been allowed. Moreover, it will be assumed that
disallowance, if any, under sections 40a, 40A and 43B has been considered while
calculating the estimated income @ 8% or 6%, as the case may be.
3. An assessee opting for the above scheme is required to pay advance tax related to
such business during the financial year on or before March 15 (no need to pay
advance tax related to such business on or before June 15, September 15 or December
15).
4. Where an eligible assessee declares profit for any previous year in accordance with
the provisions of this section and he declares profit for any of the five successive
135
previous years succeeding such previous year not in accordance with the provisions of
this section, he shall not be eligible to claim the benefit of the provisions of this
section for five successive previous years relevant to the previous year in which the
profit has not been declared in accordance with the provisions of this section.
Further, if total income of such assessee exceeds the exemption limit, he shall be
required to keep and maintain such books of account and other documents as may
enable the Assessing Officer to compute his total income in accordance with the
provisions of this Act. Further, he shall also get them audited and furnish a report of
such audit as required under section 44AB.
7.11 Special provision for computing profits and gains of profession on presumptive
basis [Sec. 44ADA]
This section is applicable if the following conditions are satisfied –

1. The assessee is resident in India.
2. The assessee is engaged in a specified profession referred in section 44AA.
3. The total gross receipts do not exceed Rs. 50 lakh in a previous year.
If all the above conditions are satisfied, a sum equal to 50% of the total gross receipts of the
assessee in the previous year on account of such profession shall be deemed to be the profits
and gains of such profession chargeable to tax under the head "Profits and gains of business
or profession".
Notes –
1. The assessee can declare the income higher than 50% of the total gross receipts, if he
desires.
2. All deductions allowable under sections 30 to 38 shall be deemed to have been

already given and no further deduction under those sections shall be allowed while
computing such income i.e., 50% of the total gross receipts.
3. The WDV of any asset used for the purposes of profession shall be deemed to have
been calculated as if the assessee had claimed and had been actually allowed the
deduction in respect of the depreciation for each of the relevant assessment years.
4. An assessee who claims that his profits and gains from the profession are lower than
50% of the total gross receipts and whose total income exceeds the exemption limit,
shall be required to maintain such books of account as may enable the Assessing
Officer to compute his taxable income. Also, he should get them audited and furnish a
report of such audit as required under section 44AB.
engaged in the business of plying, leasing or hiring trucks [Sec. 44AE]
Section 44AE is applicable, if any taxpayer is engaged in the business of plying, leasing or
hiring goods carriages and he/ it does not own more than 10 goods carriages at any time
during the previous year. For this purpose, a taxpayer, who is in possession of a goods
carriage, whether taken on hire purchase or on installments and for which the whole or part of
the amount payable is still due, shall be deemed to be the owner of such goods carriage.
136
Consequences if section 44AE is applicable:
1. Income would be calculated on estimated basis @ Rs. 7,500 for every month (or part
of a month) during which the goods carriage is owned by the taxpayer. However, a
taxpayer can voluntarily declare a higher income in his return.

allowed under these sections. However, in the case of a firm, the normal deduction in
respect of salary and interest to partners under section 40(b) shall be allowed. The
WDV is calculated, where necessary, as if depreciation as applicable has been
allowed. Moreover, it will be assumed that disallowance, if any, under sections 40a,
40A and 43B has been considered while calculating the estimated income.
3. If a taxpayer wants to declare lower income, he will have to maintain books of

account as per section 44AA. Further, the taxpayer will have to get his books of
account audited under section 44AB if the income so declared exceeds the exemption
limit.
4. Income is calculated for the period during which the goods carriage is owned by the
taxpayer and not on the basis of the period during which the goods carriage is put to
use).
7.13 Summary
This chapter has discussed the second portion of computation of profit and gains of business
or profession. The chapter discussed expenses which are not allowed as business
expenditures. Further, scheme of presumptive taxation covered under section 44AD, 44ADA
and 44AE are also explained.
Problem 1 –
Mr. X has business income of Rs. 8,00,000 after debiting depreciation of Rs. 80,000 on
building in his profit and loss account for the year 2017-18. He bought the following assets
during the year:
1. Building A bought on March 1, 2017 for Rs. 3,00,000 and put to use on March 31,
2018 (Rate of depreciation: 10%).
2. Building B bought on August 1, 2017 for Rs. 4,00,000 and put to use on March 10,
2018 (Rate of depreciation: 10%).
3. Building C bought on September 10, 2017 for Rs. 5,00,000 and put to use on August
15, 2018 (Rate of depreciation: 10%).
Compute business income of X for the assessment year 2018-19.
Solution:
137
Amount (Rs.)
Business income after depreciation 8,00,000
Add: Depreciation already deducted 80,000
Rectified business income (before depreciation) 8,80,000
Less: Depreciation under section 32:
Building A (3,00,000*10%) 30,000
Building B (4,00,000*5%) 20,000
Building C Nil 50,000
Note –
1. Where an asset is acquired during the previous year but put to use for the purpose of
business or profession for less than 180 days during that year, in such a case, half of
the normal depreciation is allowed.
2. If an asset is acquired during any previous year but not put to use during that previous
year; the actual cost of such asset will become part of the block of assets on day 1 of
the next year. For example, if any asset is purchased during the previous year 2016-17
but put to use in the previous year 2017-18; this asset is a part of the block on April 1,
2017. This rule is applicable even if the asset is not put to use in the previous year
2016-17. Here, depreciation is available for the first time in the previous year 2017-
18.
Problem 2 –
X Ltd. is engaged in the business of carriage of goods. On April 1, 2017, it owns 10 trucks (4
out of which are "heavy goods vehicle"). On May 6, 2017, one of the heavy goods vehicles is
sold by X Ltd. to purchase a light goods vehicle on May 11, 2017 which is put to use only
from June 1, 2017.
X Ltd. furnishes the following other information:
Rs.
Freight collected 8,90,000
Less: Operational expenses 6,40,000
Depreciation as per section 32 1,90,000
Other office expenses 15,000
Net Profit 45,000
Other business/ non-business income 6,70,000
The assessing officer wants to assess its income under the presumptive provisions of section
44AE. In view of this claim, compute the taxable income of X Ltd. for the assessment year
2018-19.
Solution:
Since the conditions of section 44AE are satisfied, computation of business income is done as
per the provisions of section 44AE:
Amount (Rs.)
1 HGV [7,500*2 (April and May)] = 15,000
1 LGV [7,500*11 (May to March)] = 82,500
9 HGV [7,500*12*9 (April to March)] = 8,10,000
Net business income under section 44AE = 9,07,500
Other income = 6,70,000
138
Net taxable income = 15,77,500
Note –
Section 44AE is applicable, if any taxpayer is engaged in the business of plying, leasing or
hiring goods carriages and he/ it does not own more than 10 goods carriages at any time
during the previous year.
Consequences if section 44AE is applicable:

1. Income would be calculated on estimated basis @ Rs. 7,500 for every month (or part
of a month) during which the goods carriage is owned by the taxpayer.

allowed under these sections.
3. Income is calculated for the period during which the goods carriage is owned by the
taxpayer and not on the basis of the period during which the goods carriage is put to
use).
Problem 3 –
X (age: 66 years), a resident individual, furnishes the following particulars for the previous
year relevant for the assessment year 2018-19:
Profit and Loss Account for the year ending March 31, 2018
Particulars Amount Particulars Amount
(Rs.) (Rs.)
Salary to staff 13,000 Gross profit 4,49,700
Staff welfare expenditure 6,000 Sundry receipts 4,400
General expenses 6,500 Short-term capital gains 3,000
Bad debts 3,000
Advance tax for the assessment 400
year 2018-19
Fire insurance 4,000
Advertisement expenses 11,000
Interest on X’s capital and loan 3,600
Expenditure on acquisition of a 2,800
copyright incurred on March 1,
2018 (it is put to use on the same
day)
Lump sum consideration for 12,000
acquiring know-how incurred on
March 10, 2018 (it is put to use
on April 1, 2018)
Depreciation on other business 6,000
assets
Provision for income-tax 2,000
Contribution to a political party 1,000
Net profit 3,85,800
4,57,100 4,57,100
139
Other information:
1. Salary to staff includes salary paid to a relative which is unreasonable to the extent of
Rs. 3,400.
2. Advertisement expenses include Rs. 8,000, being cost of 8 diaries presented to the
customers.
3. Depreciation on other assets according to income-tax provision comes to Rs. 9,600.
4. Provision for income-tax is excessive to the extent of Rs. 600.
5. During the year 2017-18, X has purchased National Savings Certificate VIII issue of
Rs. 10,000.
6. General expenses include an expenditure of Rs. 1,780 for arranging a long-term loan.
7. During the previous year 2017-18, the following payments are made:
a. Rs. 7,000 paid on May 5, 2017 on account of outstanding customs duty of the
previous year 2016-17; and
b. Rs. 5,000 paid on January 3, 2018 on account of outstanding sales tax of the
Find out the taxable income and tax liability (net of advance tax) of X for the assessment year
2018-19. Due date of filing return of income is July 31, 2017 (for the assessment year 2017-
18) and July 31, 2018 (for the assessment year 2018-19).
Solution:
Net profit as per profit and loss account 3,85,800
Add: Expenses disallowed:
Salary to a relative (unreasonable) 3,400
Provision for income-tax 2,000
Advance tax 400
Interest on own capital and loan 3,600
Copyright [2,800-50% (25% of 2,800)] 2,450
Know-how 12,000
Contribution to political party 1,000 24,850
4,10,650
Less: Depreciation (9,600-6,000) 3,600
Less: O/S sales tax paid in current previous year [43B] 5,000
4,02,050
Less: STCG 3,000
Add: STCG 3,000
Less: Deduction under section 80C 10,000
Deduction under section 80GGC 1,000
Computation of tax payable:

Amount (Rs.)
Tax on NTI = 4,552
Less: Rebate under section 87A = Nil
= 4,552
Add: Cess @ 3% = 137
140
= 4,689
Less: Advance tax = 400
Net tax to be paid (Rounded off) = 4,290
Problem 4 –
Dr. Chanda is running a clinic. Compute his total income for the assessment year 2018-19.
His Income and Expenditure account for the year ending 31st March, 2018 is given below:
Expenditure Rs. Income Rs.
Staff Salary 4,30,000 Fees Receipts 12,63,600
Consumables 8,000 Dividend from Indian 15,000
Companies
Medicine consumed 3,69,800 Winning from Lotteries (Net of 28,000
TDS of Rs. 12,000)
Depreciation 91,000
Administrative Expenses 1,51,000
Donation to Prime Minister’s 5,000
National Relief Fund
Excess of Income over 2,51,800
expenditure
13,06,600 13,06,600
Other Information:
i. Medicines consumed include medicine of (cost) Rs. 25,000 used for his family.
ii. Fees receipts include Rs. 20,000 honorarium for valuing medical examination
answer books.
iii. He received Rs. 8,000 per month as salary from a City Care Centre. This has not
been included in the ‘Fees Receipt’ credited to income and Expenditure Account.
iv. He has paid premium of Rs. 45,000 for a LIC Policy on his life, which
was taken on 1.08.2015 (sum assured Rs. 4,00,000).
v. His has paid Rs. 4,000 for pur chase of lottery tickets, which has not
been debited to Income and Expenditure account.
vi. Depreciation in respect of all assets has been ascertained at Rs. 50,000
as per Income-tax Rules, 1962.
vii. He deposited Rs. 1,50,000 in PPF.
viii. Donation of Prime Minister National Relief Fund has been made by way
of crossed cheque.
Solution:
Computation of total income of Dr. Chanda for the assessment year 2018-19:
Income from Salary (8,000*12) 96,000
Income from Business and Profession (W. N. – 1) 2,59,800
Income from other sources (W. N. – 2) 60,000
Less: Deductions under sections
80C [40,000* + 1,50,000] 1,50,000*
80G 5,000 1,55,000
141
Working notes:
1. Calculation of business income:
Excess of Income over expenditure 2,51,800
Depreciation [91,000 – 50,000] 41,000
Medicines consumed 25,000
Donation to PM NRF 5,000 71,000
3,22,800
Less: Incomes not related to business:
Dividends 15,000
Winning from lotteries 28,000
Honorarium for valuing Answer
books 20,000 63,000
2. Calculation of Income from other sources:
Dividend from Indian company Exempt

Honorarium for valuing Answer books 20,000
Winning from lotteries (28,000+12,000) 40,000
60,000
Problem 5 –
C (age: 48 years), a tax consultant, who maintains books of account on cash basis, furnishes
the following particulars of his income for the previous year ending March 31, 2018:
Receipt and Payment Account for the year ending March 31, 2018
Receipts Amount (Rs.) Payments Amount (Rs.)
Balance brought down 3,60,000 Purchase of furniture 28,000
Fees from clients: Car expenses 1,22,500
- of 2017-18 10,60,000
- of 2016-17 45,000
Presents from clients 20,000 Office expenses 10,000
Loan from PPF 2,50,000 Salary to staff 4,41,000
Office rent 20,000
Income-tax penalty 1,500
Contribution to public 20,000
provident fund
Purchase of notified bonds 6,000
of infrastructure company
Balance carried down 10,86,000
17,35,000 17,35,000
Other information:
1. Depreciation on furniture is admissible @ 10% p.a. Depreciation on car is Rs.
1,35,000.
2. 20 percent of car expenses are attributable towards use of car for personal purposes.
3. Fees due but outstanding is Rs. 4,50,000.
4. Income from other sources is Rs. 3,70,000.
142
5. He purchased a computer for Rs. 50,000 on March 10, 2017. It is, however, put to use
on December 3, 2017 (rate of depreciation: 40 percent).
Determine the taxable income and tax liability of C for the assessment year 2018-19.
Solution:
Computation of net taxable income of C for the assessment year 2018-19:
Fees from clients (10,60,000 + 45,000) 11,05,000
Presents from clients 20,000
Gross income 11,25,000
Less: Expenses:
Depreciation on Furniture (28,000*10%) 2,800
Depreciation of car (1,35,000*80%) 1,08,000
Car expenses (1,22,500*80%) 98,000
Depreciation on computer (50,000*60%) 30,000
Office expenses 10,000
Salary to staff 4,41,000
Office rent 20,000 7,09,800
PGBP 4,15,200
Add: IFOS 3,70,000
GTI 7,85,200
Less: Deduction U/S 80C (PPF and bonds of infrastructure company) 26,000
NTI 7,59,200
Computation of net tax liability of C for the assessment year 2018-19:

Amount (Rs.)
Tax on Rs. 7,69,200 [12,500 + 20% (7,69,200 – 5,00,000)] 66,340
Add: Cess @ 3% 1,990
Tax liability (Rounded off) 68,330
1. Discuss the provision of section 43B regarding certain expenditure allowed on actual
payment basis only.
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2. When expenses or payments made to certain specified persons are not deductible
under section 40A(2)?
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3. Explain the provisions related to computation of income on estimated basis in case of

tax payer engaged in the business of plying, leasing or hiring trucks.
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4. Write a short note on amortization of preliminary expenses under section 35D.

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5. What are the provisions for estimating the profits and gains of an assessee engaged in
retail business under section 44AD?
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6. Explain the concept of expenditure on scientific research (Section 35).

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1. Rate of additional depreciation is _____ of actual cost of new asset.
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a. 5%
b. 10%
c. 15%
d. 20%
2. 100% revenue expenditure incurred by the assessee on scientific research is allowed as

deduction if such research is _______________ to business of assessee.
a. Related
b. Unrelated
c. Related or unrelated
3. Payment to relatives is disallowed under section 40A(2) if the payment -

a. exceeds Rs. 50,000 per year
b. is unreasonable
c. exceeds Rs. 20,000 per day
[Answers: 1 (d), 2 (a), 3(b)]
1. No depreciation is charged if block of assets is reduced to ……………
2. Income from profession under section 44ADA is estimated to be taken at ____ of total
receipts.
[Answers: 1 (Zero), 2 (50%)]
1. Depreciation is allowed only if the asset is owned by the assessee.
2. No depreciation is charged if block of assets ceases to exist on the last day of the previous
year.
3. Under section 44AE, income from a truck is estimated to be taken as Rs. 5,000 every
month (or part of the month).
[Answers: 1 (True), 2 (True), 3 (False)]
145
LESSON 8
CAPITAL GAINS
8.1 Basis of Charge [Sec. 45]

8.2 Capital Asset [Sec. 2(14)]
8.3 Long-term Capital Asset
8.4 Short-term Capital Asset
8.5 Transfer of Capital Asset
8.6 Computation of Capital Gain/ Loss [Sec. 48]
8.7 When the benefit of indexation is not available
8.8 Capital gain exempt from tax under section 10
8.9 Computation of capital gains in certain special cases
8.10 Exemptions under Capital Gains
8.12 Summary
8.13 Exercise
Income is taxable under the head “Capital Gains” if the following conditions are satisfied:
1. There should be a capital asset.
2. The capital asset is transferred by the assessee during the previous year.
3. Any profit or gains arises as a result of such transfer.
4. Such profit or gains is not exempt from tax under section 54, 54B, 54D, 54EC, 54EE,
54F, 54G, 54GA and 54GB.
If the aforesaid conditions are satisfied, then capital gain is taxable in the assessment year
relevant to the previous year in which the capital asset is transferred.
8.2 Capital Asset [Sec. 2(14)]
“Capital asset” means –

1. Property of any kind held by an assessee (whether or not connected with his business
or profession).
2. Any securities held by a Foreign Institutional Investor which has invested in such
securities in accordance with the regulations made under the SEBI Act.
However, “capital asset” does not include the following:

1. Any stock-in-trade (other than the securities referred to in point 2 above), consumable
stores or raw material held for the purpose of business or profession;
2. All personal belongings of the assessee except Jewellery;
3. Agricultural land in India in a rural area;
146
Note:
Rural area for this purpose means any area which is outside the jurisdiction of a
municipality or a cantonment board having a population of 10,000 or more and also
which does not fall within distance given below:
a. 2 kilometres from the local limits of municipality/ cantonment board, if the
population of the municipality/ cantonment board is more than 10,000 but not
more than 1 lakh; or
b. 6 kilometres from the local limits of municipality/ cantonment board, if the
population of the municipality/ cantonment board is more than 1 lakh but not
more than 10 lakh; or
c. 8 kilometres from the local limits of municipality/ cantonment board, if the
population of the municipality/ cantonment board is more than 10 lakh.
4. 6½ per cent Gold Bonds, 1977, or 7 per cent Gold Bonds, 1980, or National Defence
Gold Bonds, 1980;
5. Special bearer bonds, 1981;
6. Gold Deposit Bonds issued under Gold Deposit Scheme, 1999; and
7. Deposit certificates issued under the Gold Monetisation Scheme, 2015.
8.3 Long-term Capital Asset
“Long-term capital asset” means a capital asset held by an assessee for more than 36 months
immediately prior to its date of transfer. However, unlisted shares and immovable property
(being land or building or both) will be treated as long-term when these are held by an
assessee for more than 24 months (and not 36 months) immediately prior to its transfer.
Capital gain arising from the transfer of long-term capital asset is called Long-term capital
gain.
8.4 Short-term Capital Asset
“Short term capital asset” means a capital asset held by an assessee for not more than 36
months (or 24 months in case of unlisted shares and immovable property), immediately prior
to its date of transfer.
In the following cases, however, such period is taken as 12 months:
1. Equity or preference shares in a company listed on a recognized stock exchange in
India.
2. Securities (like debentures, bonds, Government securities, etc.) listed on a recognized
stock exchange in India.
3. Units of UTI (whether quoted or not).
4. Unit of an equity oriented mutual fund (whether quoted or not).
5. Zero coupon bonds (whether quoted or not).
In the aforesaid cases, if the asset is held for more than 12 months immediately prior to its
date of transfer, then it is “long-term capital asset”.
147
Note:
In the case of transfer of a depreciable asset (other than an asset used by a power generating
unit eligible for depreciation on straight line basis), capital gain (if any) is taken as short-term
capital gain, irrespective of period of holding.
8.5 Transfer of Capital Asset
Transfer, in relation to a capital asset, includes sale, exchange or relinquishment of the asset
or the extinguishment of any rights therein or the compulsory acquisition thereof under any
law.
However, certain transactions are not regarded as transfers:

1. Distribution of assets in kind by a company to its shareholders on its liquidation;
2. Distribution of capital assets in kind by a HUF to its members at the time of total or
partial partition;
3. Any transfer of capital asset under a gift or a will or an irrevocable gift (exception –
gift of ESOP2 shares is chargeable to tax);
4. Any transfer of capital asset by a holding company to its 100% Indian subsidiary
company;
5. Transfer of capital asset under a scheme of amalgamation/ demerger, if the transferee
company is an Indian company;
6. Transfer of shares in amalgamating company/ demerged company in lieu of allotment
of shares in amalgamated company/ resulting company in the above case;
7. Transfer of capital asset in a scheme of amalgamation of a banking company with a
banking institution;
8. Any transfer by way of conversion of bonds or debentures, debenture-stock or deposit
certificate in any form, of a company into shares or debentures of that company;
9. Any transfer of capital asset in a reverse mortgage;
10. ‘Transfer by an individual of Sovereign Gold Bond issued by the RBI under the
Sovereign Gold Bond Scheme, 2015, by way of redemption’; and
11. Any transfer by way of conversion of preference shares of a company into equity
shares of that company
8.6 Computation of Capital Gain/ Loss [Sec. 48]
Short Term Capital Gain/ Loss – Computation

Amount (Rs.)
Full value of consideration XX
Less: Expenses on transfer XX
Cost of acquisition XX
Cost of improvement XX XX
Balance XX
Less: Exemption under sections 54B, 54D, 54G and 54GA XX
STCG/ STCL XXX
Long Term Capital Gain/ Loss – Computation

Amount (Rs.)
Full Value of Consideration XX
2
In case of gift of ESOP shares, fair market value on the date of gift is taken as full value of consideration.
148
Indexed cost of acquisition (ICA) XX
Indexed cost of improvement (ICI) XX XX
Balance XX
Less: Exemption under sections
54, 54B, 54D, 54EC, 54EE, 54F, 54G, 54GA and 54GB XX
LTCG/ LTCL XXX
It is to be noted that no deduction is allowed in respect of securities transaction tax in

computing income under the head “Capital gains”.
Full value of consideration

Full value of consideration is the consideration received or receivable by the transferor in lieu
of assets, which he has transferred. Such consideration may be received in cash or in kind. If
it is received in kind, then fair market value (FMV) of such assets is taken as full value of
consideration.
However, in few cases, “fair value of consideration” is determined on notional basis
according to the different provisions given in the Income-tax Act.
Expenditure on transfer
Expenditure incurred wholly and exclusively in connection with transfer of capital asset is
deductible from full value of consideration. The expression “expenditure incurred wholly and
exclusively in connection with such transfer” means expenditure incurred which is necessary
to effect the transfer.
Examples of such expenses are: brokerage or commission paid for securing a purchase, cost
of stamp, registration fees borne by the vendor, traveling expenses incurred in connection
with transfer, litigation expenditure for claiming enhancement of compensation awarded in
the case of compulsory acquisition of assets.
Cost of Acquisition
Cost of acquisition of an asset is the value for which it was acquired by the assessee.
Expenses of capital nature for completing or acquiring the title to the property are includible
in the cost of acquisition. Interest on money borrowed to purchase the asset is part of actual
cost of asset.
Cost of Improvement
Cost of improvement is capital expenditure incurred by an assessee in making any additions/
improvement to the capital asset. It also includes any expenditure incurred to protect or
complete the title to the capital assets or to cure such title. Any expenditure incurred to
increase the value of the capital asset is treated as cost of improvement. Cost of improvement
includes only expenditure on improvement incurred on or after April 1, 2001 (whether
incurred by the previous owner or by the assessee).
Indexed Cost of Acquisition – Computation
Indexed cost of acquisition =

X CII for the year in
which the asset is transferred
149
* or the previous owner in cases specified under section 49(1)
Indexed Cost of Improvement – Computation
Indexed cost of improvement =

XCII for the year in which the asset is transferred
Cost inflation index (CII) for the previous year 2001-02 (base year) is 100
and for the previous year 2017-18 is 272.
Cost inflation index for different years –

Financial year CII Financial year CII
2001-02 100 2010-11 167
2002-03 105 2011-12 184
2003-04 109 2012-13 200
2004-05 113 2013-14 220
2005-06 117 2014-15 240
2006-07 122 2015-16 254
2007-08 129 2016-17 262
2008-09 137 2017-18 272
2009-10 148
8.7 When the benefit of indexation is not available
In the following cases, benefit of indexation is not available even if a long-term capital asset
is transferred:
1. Bonds or debentures (other than capital indexed bonds issued by the Government);
2. Shares in or debentures of an Indian company acquired by utilizing convertible
foreign exchange as mentioned under first proviso to section 48* (applicable to a non-
resident assessee only); and
3. Bonds/ debentures or Sovereign Gold Bond issued by the RBI under the Sovereign
Gold Bond Scheme, 2015.
8.8 Capital gain exempt from tax under section 10
In the cases given below, capital gains are not chargeable to tax by virtue of section 10.
Conversely, in the cases given below, if assets are transferred at a loss, such capital loss is not
taken into consideration.
1. Capital gain on transfer of US 64:
Any income arising from the transfer of a capital asset being a unit of US 64 is not
chargeable to.
2. Capital gain on compulsory acquisition of urban agriculture land:

a. The assessee is an individual or a HUF.
b. He or it owns an agriculture land situated in urban area.
150
c. There is transfer of the agriculture land by way of compulsory acquisition or the
consideration for transfer is approved or determined by the Central Government
(not by a State Government) or RBI.
d. The agriculture land was used by the assessee (and/ or his parents if the land was
owned by an individual) for agricultural purposes during 2 years immediately
prior to the date of transfer.
e. The asset may be long-term capital asset or short-term capital asset.
f. Capital gain arises from compensation (and/ or additional compensation) or
consideration which is received by the assessee after March 31, 2004.
If the above conditions are satisfied, capital gain (short-term or long-term) is exempt
from tax.
3. Long-term capital gain on transfer of securities not chargeable to tax in cases

covered by transaction tax [Section 10(38)]:
Section 10(38) is applicable for all the assesses, if the following conditions are
satisfied:
a. The asset which is transferred is a long-term capital asset.
b. Such asset is equity share in a company or units of equity oriented mutual fund.
c. Such transaction takes place on or after October 1, 2004 in a recognized stock
exchange in India.
d. At the time of transfer as well as at the time of acquisition of shares, the
transaction is chargeable to securities transaction tax*.
If the above conditions are satisfied, long-term capital gain is exempt from tax under
section 10(38).
However, in the case given above, if the asset is short-term capital asset, short-term
capital gain is taxable under section 111A @ 15% + Surcharge (if any) + cess @ 3%.
8.9 Computation of capital gains in certain special cases
In the following cases the method of computation is different from what we have discussed
above:
Cost of asset to the Previous Owner [Sec. 49(1)]

Cost of asset to the previous owner shall be deemed to be the cost of acquisition of assessee
in case of inheritance, gift, will, etc.
Further, in order to find out whether the capital asset is short-term or long-term in such cases,
the period of holding of the previous owner shall be taken into consideration.
Cost of acquisition being Fair Market Value as on April 1, 2001

In the following cases, the assessee may take at his option, either actual cost or the fair
market value of the asset (other than a depreciable asset), as on April 1, 2001 as cost of
acquisition:
1. Where the capital asset became the property of the assessee before April 1, 2001; or
2. Where the capital asset became the property of the assessee by any mode referred to
in section 49(1) and the capital asset became the property of the previous owner
before April 1, 2001.
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Notes:
a. The option is available only when an asset was acquired by the assessee [or by the
previous owner in case section 49(1) is applicable] before April 1, 2001.
b. The option is not available in the case of depreciable assets.
c. When option is available, the cost of the asset or FMV as on April 1, 2001, whichever
is higher, is taken as the cost of acquisition.
d. The option is not available in respect of transfer of a capital asset being goodwill of a
business; trademark/ brand name associated with a business; right to manufacture,
produce or process any article or thing; right to carry on business; tenancy right; route
permits or loom hours (whether self-generated or otherwise).
Cost of acquisition in case of Depreciable Assets [Sec. 50]

Section 50 is applicable in the case of transfer of a depreciable asset but not applicable in the
case of transfer of a depreciable asset by a power-generating unit claiming depreciation on
the basis of straight-line basis method.
By virtue of section 50, computation of capital gain/ loss can be made in the case of transfer
of a depreciable asset only in the following two situations;
a. When written down value (WDV) of block of assets (BOA) on the last day of the
previous year is zero [Section 50(1)]:
Amount (Rs.)
Full value of sale consideration XX
WDV of the BOA at the beginning of the previous year XX
Actual cost of any asset(s) of same block acquired
during the previous year XX XX
Short Term Capital Gain XXX
If the resulting figure is negative, then section 50(1) is not applicable and capital gain is not
chargeable to tax (unless the case comes under situation 2 which is explained below).
b. When block of asset is empty on the last day of the previous year [Section 50(2)]:
Amount (Rs.)
Full value of sale consideration XX
WDV of the BOA at the beginning of the previous year XX
Actual cost of any asset(s) of same block acquired
during the previous year XX XX
Short Term Capital Gain/ Loss XXX
Notes –
a. If a depreciable asset (not being the case of power unit as stated above) is transferred
and the case does not fall under any of the above two situations, then capital gain is
not chargeable to tax.
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b. It is not necessary that depreciation is allowed for the year under consideration. If the
depreciation is allowed in the current year (or any of the earlier years), the above
provisions of section 50 would be applicable.
c. For the purpose of section 50, it is not necessary that the asset should be put to use.
d. In the above two situations, the capital gain/ loss is always short-term.
e. While deducting actual cost from sale consideration to compute capital gain/ loss, any
depreciable asset which is acquired otherwise than by an account payee cheque/ draft
or use of electronic clearing system through a bank account (and the payment exceeds
Rs. 10,000), such payment shall not be eligible for deduction while computing capital
gain/ loss.
f. When a single asset like the building is transferred, consideration has to be

apportioned between the depreciable portion (i.e., superstructure) and the non-
depreciable portion (i.e., land) for implementing section 50.
Advance money forfeited

Advance money forfeited during the previous year 2014-15 (or any subsequent previous year)
is taxable in the hands of recipient under the head “Income from other sources” in the year in
which advance money is forfeited.
However, advance money forfeited during the previous year 2013-14 (or any earlier previous
year) is not taxable as “Income from other sources”. Instead, it is deducted from the cost for
which the asset was acquired or the written down value or the fair market value, as the case
may be, in computing the cost of acquisition.
Conversion of capital asset into Stock-in-trade [Sec. 45(2)]

Any conversion of capital asset into stock-in-trade during the previous year 1984-85 (or
thereafter) is subject to the following provisions:
1. It is treated as transfer in the year in which such conversion took place.
2. Although such a conversion is treated as transfer in the year in which the asset is so
converted, but the notional capital gain will arise in the previous year in which such
converted asset is sold or otherwise transferred.
3. Indexation of cost of acquisition and improvement, if required, will be done till the
previous year in which such conversion took place. Further, the fair market value of
the capital asset, as on the date of such conversion, shall be deemed to be full value of
the consideration of the asset.
4. The sale price of stock-in-trade minus market value as on the date of conversion shall
be treated as business income and taxed under the head “Profits and gains of business
or profession”.
Compulsory acquisition of an asset [Sec. 45(5)]

This section is applicable in the following two cases:
1. When the transfer of a capital asset is by way of compulsory acquisition under any
law; or
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2. When the consideration is approved or determined by the Central Government (not by
a State Government) or the RBI (even if there is no compulsory acquisition).
Initial compensation:
Initial compensation is taken as full value of sale consideration and capital gain is chargeable
to tax in the previous year in which the initial compensation (or part thereof) is first received
(and not taxable in the year in which capital asset is transferred). Indexation benefit is,
however, available up to the year in which the asset is compulsorily acquired.
Enhanced compensation:
If compensation is subsequently increased (i.e., enhanced by a court, Tribunal or any
authority), then the enhanced compensation shall be taxable in the previous year in which it is
received. It will be taxable in the year of receipt even if appeal is pending in any court or
Tribunal. For this purpose, cost of acquisition and the cost of improvement shall be taken as
nil. However, litigation expenses for getting the compensation enhanced are deductible as
expenses on transfer.
If the enhanced compensation is received by any other person, (because of the death of the
transferor or for any other reason), it is taxable as income of the recipient.
Where such amount of the compensation is subsequently reduced by any court, Tribunal or
other authority, the capital gain of that year, in which the additional compensation received
was taxed, shall be recomputed accordingly.
Transfer of shares/ debentures in case of Non-Resident [First proviso to sec. 48]

If a non-resident acquires shares in, or debentures of, an Indian company by utilizing foreign
currency, the gain will be calculated in the same foreign currency, which was initially utilized
in acquiring shares/ debentures. After calculating capital gain in foreign currency, it will be
converted into Indian currency.
This rule is not optional but it is compulsory and applicable whether the asset is short-term or
long-term. The benefit of indexation shall not be available but the option of taking fair market
value on April 1, 2001 is available. Provisions of securities transaction tax (i.e., sec. 10(38)
or sec. 111A, as the case may be) are applicable in case shares are transferred.
Following steps are to be applied to compute capital gain (whether short-term or long-term)
under this provision:
Step 1 Find out sale consideration in Indian currency and convert it into foreign currency
at “average exchange rate” on the date of transfer
Step 2 Find out the expenditure on transfer in Indian currency and convert it into foreign
currency at “average exchange rate” on the date of transfer (and not on the date
when expenditure is incurred)
Step 3 Find out the cost of acquisition in Indian currency and convert it into foreign
currency at “average exchange rate” on the date of acquisition
Step 4 Capital gain (1 – 2 – 3) will be reconverted in to Indian currency at “buying rate”
on the date of transfer
Computation of capital gain in case of Self-generated assets

An asset which does not cost anything to the assessee in terms of money in its creation or
acquisition is a self-generated asset.
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When a self-generated asset is transferred, the following special rules are applicable:
1. Goodwill of a business (not a profession), right to manufacture/ produce any article/
thing or right to carry on any business or profession:
In the case of transfer of these capital assets, cost of acquisition and improvement are
taken as nil. Expenses on transfer are, however, deductible on the basis of actual
expenditure.
2. Tenancy rights, route permit, loom hours, trade mark or brand name associated with
a business:
In the case of transfer of these capital assets, cost of acquisition is taken as nil. Cost of
improvement and expenses on transfer are, however, deductible on the basis of actual
expenditure.
3. Any other self-generated asset:

In the case of transfer of any other self-generated capital asset, capital gain is not
chargeable to tax.
It is to be noted that even if the above mentioned self-generated assets are acquired before
April 1, 2001, the option of adopting the fair market value on the said date is not available.
Fair market value of the asset disclosed under Income Declaration Scheme, 2016
For ‘asset disclosed under Income Declaration Scheme, 2016, fair market value of the asset
declared under the scheme on June 1, 2016 (on the basis of which tax, surcharge and penalty
is paid under the scheme) is taken as the cost of acquisition.
Cost of acquisition of Bonus Shares

If bonus shares were allotted prior to 1st April, 2001, the fair market value on 1st April, 2001
is taken as the cost of acquisition. If bonus shares are allotted on or after April 1, 2001, cost
of acquisition is taken as Nil.
Capital gain on transfer of Right Shares

Following two situations can arise in case of transfer of right shares –
1. Rights entitlement (which is renounced by the assessee in favour of a person):
In such a case, cost of acquisition is Nil.
However, in such a case, the amount realized by the original shareholder by selling
his rights entitlement will be short-term capital gains in his hands (as the cost is taken
as nil).
The period of holding of the rights entitlement will be considered from the date of
offer made by the company to subscribe to shares to the date when such right
entitlement is renounced by the person.
2. Right shares purchased by the person in whose favor rights entitlement has been
renounced:
In such a case, cost of acquisition is equal to the purchase price paid to renouncer of
rights entitlement plus amount paid to the company which has allotted the rights
shares.
Transfer of Land and Buildings [Sec. 50C]

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1. There is a transfer of land or building or both. The asset may be long-term capital
asset or short-term capital asset. It may be depreciable or non-depreciable asset.
2. The sale consideration is less than the value adopted (or assessed) by any authority of
a State Government for the purpose of payment of stamp duty (hereinafter referred to
as “Stamp duty authority”) in respect of such transfer.
If the above conditions are satisfied, the value adopted by the Stamp duty authority shall be
taken as ‘full value of consideration’ for the purpose of computing capital gain. However,
‘full value of consideration’ depends upon the following situations:
Exception:
Where the assessee claims before the Assessing Officer that value adopted by Stamp duty
authority is more than the fair market value (but he has not disputed or challenged such
valuation under the Stamp Act), then two possibilities arises:
a. Fair market value determined by the Valuation Officer (if it is less than the stamp
duty valuation) is taken as full value of consideration.
b. Stamp duty valuation (if the fair market value determined by the Valuation officer is
more than the Stamp duty valuation) is taken as full value of consideration.
Computation of capital gain in case of transfer of unlisted shares in a company [Sec.

50CA]
Where consideration for transfer of shares in a company (other than quoted shares) is less
than the FMV of such share, the FMV shall be deemed to be the full value of consideration
for the purpose of computing “Capital Gains”.
8.10 Exemptions under Capital Gains
Transfer of residential house property [Sec. 54]

▪ Available to an individual or a HUF
▪ Residential house property (long-term) is transferred
▪ Assessee has purchased another residential house within one year before or within
two years after sale of original house or constructed another house within three
years after sale of original house
▪ Amount of exemption is investment in new asset or LTCG, whichever is lower
▪ Exemption is available if 1 residential house is purchased or constructed in India. A

taxpayer may sell two house properties and he may purchase/ construct 1 house
property for the purpose of availing the exemption
▪ Deposit Scheme:
In case, the assessee is not interested in purchasing or constructing the house till due
date of filing return of income, he has to deposit the amount in Capital Gains Deposit
Account Scheme till the due date of filing return of income to get the exemption. On
the basis of this deposit, exemption under section 54 can be claimed. But assessee has
to actually withdraw the deposited amount and utilize this deposited amount within
the prescribed time limit for purchasing or constructing the house.
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In case the deposited amount is not fully utilized in purchasing or constructing the
house within eligible time limit, then the unutilised amount will be taxable as LTCG
in the year in which the maximum time limit for making new investment (i.e., 3 years
for construction) expires.
Deposit scheme for exemption under section 54 has been explained below with the
help of an example:
a. Suppose the assessee transfers the residential property on January 14, 2018 i.e.,
b. If assessee wants to purchase the house, the house should be purchased during
January 15, 2017 to January 13, 2020 and if assessee wants to construct the
house, the construction should be completed till January 13, 2021 to claim the
exemption of section 54.
c. If the assessee is not interested in purchasing or constructing the house till July
31, 2018, the assessee has to deposit the amount in “Capital Gains Deposit
Account Scheme” till July 31, 2018 (due date of filing return of income for
individuals) to claim the exemption.
d. By withdrawing from this deposit account, the house should be purchased till
January 13, 2020 or constructed till January 13, 2021.
e. On January 14, 2021 (Assessment year 2021-22), unutilised amount (if any) will
be taxable as LTCG (taxable in the year in which maximum time limit expires).
Also, on January 14, 2021 (or at any time thereafter), assessee can withdraw this
unutilised amount. However, if the taxpayer dies before the expiry of specified
time-limit (for making investment in new asset), then unutilized amount paid to the
legal heirs is not taxable in the hands of recipient.
▪ Withdrawal of exemption:
If the new asset on which exemption is claimed under section 54 is transferred within
3 years of its acquisition/ construction, exemption given will be taken back. For
calculating STCG on transfer of new asset, cost of acquisition will be calculated as
original cost of acquisition minus exemption availed under section 54.
Example
Assuming the assessee has purchased the property on May 20, 2018 for Rs. 7,00,000
for the purpose of claiming exemption under section 54. It should not be transferred
till May 19, 2021. Suppose, it is transferred on May 18, 2021 for Rs. 9,00,000.
In this case, since the new capital asset is transferred within 3 years from the date of
its acquisition, exemption given earlier would be taken back. Further, capital gain on
such transfer is taxable as LTCG in the year of sale.
So capital gain in assessment year 2022-23 is calculated as follows:
Assessment year 2022-23

Amount (Rs.)
Sale 9,00,000
Less: Indexed cost of acquisition
[Cost of acquisition is Nil
i.e., 7,00,000 – 7,00,000 (exemption claimed earlier taken back)] Nil
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LTCG 9,00,000
Sale of land used for agricultural purposes [Sec. 54B]

▪ Any short-term or long-term capital asset (being agricultural land) is transferred

which was used by assessee (or his/ her parents) or a HUF for agricultural purposes
for a period of two years immediately before transfer
▪ Assessee has purchased other agricultural lands (whether in rural area or in urban
area) within two years from the date of transfer of original asset
▪ Amount of exemption is investment in new asset or capital gain, whichever is lower
▪ Deposit Scheme:
In case, the assessee is not interested in purchasing the land till due date of filing
return of income, he has to deposit the amount in Capital Gains Deposit Account
Scheme till the due date of filing return of income to get the exemption. On the basis
of this deposit, exemption under section 54B can be claimed. But assessee has to
actually withdraw the deposited amount and utilize this deposited amount within the
prescribed time limit for purchasing the land.
In case the deposited amount is not fully utilized in purchasing the land within eligible
time limit, then the unutilised amount will be taxable as LTCG or STCG (depending
upon the original gain) in the year in which the maximum time limit for purchasing
land (i.e., 2 years) expires.
If the new asset on which exemption is claimed under section 54B is transferred
within 3 years of its acquisition/ construction, exemption given will be taken back.
For calculating STCG on transfer of new asset, cost of acquisition will be calculated
as original cost of acquisition minus exemption availed under section 54B.
Compulsory acquisition of land and building forming part of industrial undertaking

[Sec. 54D]
▪ Available to all taxpayers
▪ Such land or building (short-term or long-term) was used by the assessee for the
purpose of the industrial undertaking for at least 2 years preceding the date of
compulsory acquisition
▪ Assessee has purchased any other land or building (for industrial purposes) within a
period of 3 years from the date of receipt of compensation or constructed a building
within such period
▪ Deposit Scheme:
In case, the assessee is not interested in purchasing land or building or constructing a
building till due date of filing return of income, he has to deposit the amount in
Capital Gains Deposit Account Scheme till the due date of filing return of income to
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get the exemption. On the basis of this deposit, exemption under section 54D can be
claimed. But assessee has to actually withdraw the deposited amount and utilize this
deposited amount within the prescribed time limit for purchasing the land or building
or constructing the building.
In case the deposited amount is not fully utilized in purchasing the land or building or
constructing the building within eligible time limit, then the unutilised amount will be
taxable as LTCG or STCG (depending upon the original capital gain) in the year in
which the maximum time limit for making new investment (i.e., 3 years) expires.
If the new asset on which exemption is claimed under section 54D is transferred
within 3 years of its acquisition/ construction, exemption given will be taken back.
For calculating STCG on transfer of new asset, cost of acquisition will be calculated
as original cost of acquisition minus exemption availed under section 54D.
LTCG from any asset but investment should be in bonds of NHAI or REC or notified
bonds [Sec. 54EC]
▪ Any long-term capital asset is transferred
▪ Investment in specified assets [bonds of NHAI or/ and REC] or in any bonds
(redeemable after 3 years) issued by any other authority but notified by the Central
Government for this purpose, within 6 months from the date of transfer
▪ Maximum investment in one financial year is Rs. 50,00,000. Investment made by an

assessee in the NHAI/ REC bonds, out of capital gains arising from transfer of one or
more original asset, during the financial year in which the original asset or assets are
transferred and in the subsequent financial year should not exceed Rs. 50,00,000.
If the new asset is transferred within 3 years of its acquisition or converted into
money, exemption will be taken back and the amount of exemption given earlier
under section 54EC will become LTCG of the year in which the assessee commits the
default.
LTCG from any asset but investment should be in units of a specified fund [Sec. 54EE]
▪ Any long-term capital asset is transferred
▪ Investment in units of a specified fund within 6 months from the date of transfer
▪ Maximum investment in one financial year is Rs. 50,00,000. Investment made by an

assessee in long-term specified assets, out of capital gains arising from transfer of one
or more original asset, during the financial year in which the original asset or assets
159
are transferred and in the subsequent financial year should not exceed Rs. 50,00,000.
If the new asset is transferred within 3 years of its acquisition or converted into
money, exemption will be taken back and the amount of exemption given earlier
under section 54EE will become LTCG of the year in which the assessee commits the
default.
Sale of any long-term capital asset other than a residential house [Sec. 54F]
▪ The taxpayer will have to purchase/ construct 1 residential house property within the
specified period in India.
▪ The specified period is 1 year before, or within 2 years after the date of transfer of
the original asset in case of purchase option. However, in case of construction option,
the construction should be completed within 3 years from the date of transfer of
original asset.
▪ Under section 54F, exemption is available only if on the date of transfer of the
original asset, the taxpayer does not own more than one residential house property
(other than the new house on which exemption under section 54F is claimed).
▪ Amount of exemption =
* Cost of new house
Net sale consideration = Sale consideration minus expenses on sale
▪ Deposit Scheme:
In case, the assessee is not interested in purchasing or constructing the house till due
date of filing return of income, he has to deposit the amount in Capital Gains Deposit
the basis of this deposit, exemption under section 54F can be claimed. But assessee
has to actually withdraw the deposited amount and utilize this deposited amount
within the prescribed time limit for purchasing or constructing the house.
In case the deposited amount is not fully utilized in purchasing or constructing the
house within eligible time limit, then the proportionate unutilised amount
( * Unutilised amount) will be taxable as LTCG in the year in
which the maximum time limit for making new investment (i.e., 3 years for
construction) expires.
1. If the new house on which exemption is claimed under section 54F is transferred
within 3 years of its acquisition/ construction, capital gain which arises on the
transfer of new house will be taken as STCG. Besides, the capital gain which was
exempt under section 54F shall be treated as LTCG of the year in which the new
house is transferred.
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2. If the assessee purchases, within a period of 2 years from the date of transfer of
original asset (or constructs within a period of 3 years from the date of transfer of
original asset), anther residential house (other than the new house on which
exemption under section 54F is claimed), then the capital gain which was exempt
under section 54F shall be deemed to be income by way of LTCG of the year in
which such another residential house is purchased or constructed.
Shifting of industrial undertakin4rg from urban area to rural area [Sec. 54G]
▪ Any long-term or short-term capital asset being land, building, plant or machinery is
transferred.
▪ New land, building, plant or machinery is purchased to shift undertaking to a rural

area within 1 year before or within 3 years after shifting of industrial undertaking.
▪ Deposit Scheme:
In case, the assessee is not interested in purchasing the new assets till due date of
filing return of income, he has to deposit the amount in Capital Gains Deposit
the basis of this deposit, exemption under section 54G can be claimed. But assessee
within the prescribed time limit for purchasing the new assets.
In case the deposited amount is not fully utilized in purchasing the new assets within
eligible time limit, then the unutilised amount will be taxable as LTCG or STCG
(depending upon the original capital gain) in the year in which the maximum time
limit for making new investment (i.e., 3 years) expires.
If the new asset on which exemption is claimed under section 54G is transferred
within 3 years of its acquisition, exemption given will be taken back. For calculating
STCG on transfer of new asset, cost of acquisition will be calculated as original cost
of acquisition minus exemption availed under section 54G.
Shifting of industrial undertaking from urban area to SEZ [Sec. 54GA]

▪ Any long-term or short-term capital asset being land, building, plant or machinery is
transferred.
▪ New land, building, plant or machinery is purchased to shift undertaking to any SEZ
within 1 year before or within 3 years after shifting of industrial undertaking.
▪ Deposit Scheme:
In case, the assessee is not interested in purchasing the new assets till due date of
filing return of income, he has to deposit the amount in Capital Gains Deposit
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the basis of this deposit, exemption under section 54GA can be claimed. But assessee
within the prescribed time limit for purchasing the new assets.
In case the deposited amount is not fully utilized in purchasing the new assets within
eligible time limit, then the unutilised amount will be taxable as LTCG or STCG
(depending upon the original capital gain) in the year in which the maximum time
limit for making new investment (i.e., 3 years) expires.
If the new asset on which exemption is claimed under section 54GA is transferred
within 3 years of its acquisition, exemption given will be taken back. For calculating
STCG on transfer of new asset, cost of acquisition will be calculated as original cost
of acquisition minus exemption availed under section 54GA.
Transfer of residential house property and purchasing of equity shares [Sec. 54GB]
▪ A residential house property (a house or a plot of land) should be transferred by an
individual or a HUF.
▪ The house property which is transferred should be a long-term capital asset and such
transfer takes place during April 1, 2012 and March 31, 2017. However, in case of an
investment in eligible start up, transfer can take place during April 1, 2012 to March
31, 2019.
▪ To claim exemption, the taxpayer will have to purchase equity shares in an “eligible
company” on or before the due date of filing return of income. Further, the “eligible
company” should utilize this amount for the purchase of a “new asset” within 1 year
from the date of subscription in equity shares.
▪ The company qualifies to be a SME (i.e., small or medium enterprise under the
Micro, Small and Medium Enterprises Act, 2006) (i.e., where the investment in plant
and machinery is more than Rs. 25 lakh but not more than Rs. 10 crore).
Alternatively, the company is an eligible start-up.
▪ Amount of exemption =
* Investment in “new asset” by the eligible company
Net sale consideration = Sale consideration – Expenses on sale
If the equity shares in the eligible company or “new asset” is sold or otherwise
transferred within 5 years from the date of acquisition, exemption will be taken back
and the amount of exemption (or proportionate exemption) given earlier under section
54GB will become LTCG of the assessee (i.e., transferor of residential property).
162
1. Relief is available from LTCG as well as from STCG under section 111A [This relief
is available to a resident individual/ a resident HUF]:
If net taxable income excluding LTCG and STCG of section 111A is less than the
exemption limit (i.e., Rs. 5,00,000; Rs. 3,00,000 or Rs. 2,50,000, depending upon the
case) of an assessee, then the difference between net taxable income (after deducting
LTCG and STCG of section 111A) and exemption limit is the amount of relief. This
difference (i.e. relief) will be deducted from LTCG or STCG of section 111A, as the
case may be and on the balance amount, capital gain will be chargeable to tax.
2. STCG (if covered under section 111A) is taxable @ 15% + Surcharge (if any) + Cess
@ 3% and normal STCG is taxable as per slab rates of the assessee.
3. No deduction under section 80C to 80U is available from LTCG or from STCG under
section 111A.
4. LTCG is taxable @ 20% + Surcharge (if any) + Cess @ 3%. However, in the
following 2 cases, LTCG can be taxable @ 10% + Surcharge (if any) + Cess @ 3%.
In the following 2 cases, LTCG is taxable @ 10%:

a. If unlisted securities (i.e., unlisted shares, unlisted debentures, etc.) are transferred
by a non-resident/ foreign company, long-term capital gain is taxable @ 10% +
Surcharge (if any) + Cess @ 3%. However, this rule is applicable only if
indexation benefit is not claimed and capital gain is calculated without giving
effect to the first proviso to section 48 (under first proviso to section 48, capital
gain is calculated in foreign currency if a few conditions are satisfied).
b. If listed securities (i.e., shares, bonds, debentures, Government Securities) or zero-

coupon bonds are transferred by any taxpayer and the taxpayer does not avail the
benefit of indexation, LTCG can be taxable @ 10% + Surcharge (if any) + Cess
@ 3%. In this case, the taxpayer has an option available. Tax can be paid by the
assessee @ 20%, if indexation benefit is claimed or @ 10%, if indexation benefit
is not claimed.
However, it is to be noted that in case of transfer of listed debentures or listed

bonus shares, option of paying tax @ 10% is always better.
8.12 Summary
This topic discussed the computation of income under the head “Capital gains”. There are
two types of capital gains – long term capital gains and short term capital gains. From these
capital gains, exemptions are also available. Computation of capital gains for special cases
has also been discussed in detail in this chapter.
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Problem 1 –
Mr. J purchased a house on 01-07-1996 for Rs. 90,000. He had to pay Rs. 2,000 as
brokerage to real estate agent and Rs. 8,000 as registration charges. He entered into an
agreement for sale of property to X on 10-12-2004 and received Rs. 25,000 as advance. X,
could not, however, keep his promise and advance of Rs. 25,000 given by him was forfeited
by Mr. J. Later on, he gifted this house to his son K on 15-09-2005. The following expenses
were incurred by J and K for the renewal of house:
- Addition of two rooms by J during 1999-00 Rs. 50,000
- Addition of first floor by J during 2004-05 Rs. 1,00,000
- Addition of second floor by K during 2010-11 Rs. 1,50,000
- Fair market value of house on 01-04-2001 was Rs. 1,25,000
K entered into an agreement to sell the house for Rs. 9,00,000 to Y on 10-05-2013 after
receiving an advance of Rs. 50,000. Y could not pay the balance within the stipulated time of
two months and K forfeited the advance of Rs. 50,000 as per agreement with Y. K ultimately
found a buyer Mr. Z to whom property was transferred for Rs. 30,00,000 on 15-12-2017. K
had to pay brokerage @ 1% for arranging this deal.
Compute the capital gain chargeable to tax in the hands of Mr. K for the assessment year
2018-19.
The CII for 2001-02: 100, 2004-05: 113, 2005-06: 117, 2010-11: 167 and 2017-18 is 272.
Can Mr. K get an exemption of tax on capital gain income? If so, how?
Solution:
Rs.
Sale consideration 30,00,000
Less: Expenses on sale (1%) 30,000
Less: Indexed cost of acquisition (75,000/100*272) 2,04,000
Less: Indexed cost of improvement
2004-05: 1,00,000/113*272 2,40,708
2010-11: 1,50,000/167*272 2,44,311
LTCG 22,80,981
Yes, Mr. K can claim deduction on the amount of capital gain of Rs. 22,80,981 in the
following manner:
a. Option I: If we assume that the house property transferred is a residential house
property, then the assessee can claim exemption under section 54 provided conditions
of section 54 are satisfied.
b. Option II: If we assume that the house property transferred is a commercial house
property, then the assessee can claim exemption under section 54F provided
conditions of section 54F are satisfied.
c. Option III: He may invest the capital gain in bonds specified under section 54EC
within 6 months of the date of transfer of the house.
Note:
1. Advance money forfeited by the previous owner J is not to be deducted from the cost
of acquisition arrived after applying the concept of FMV on 01-04-2011 but the
amount of Rs. 50,000 forfeited by the assessee K shall be deducted for this cost of Rs.
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1,25,000. However, with effect from assessment year 2015-16, advance money
received and forfeited by the assessee is taxable as “Income from other sources” and it
is not to be deducted from the cost of acquisition.
2. Cost of improvement incurred before April 1, 2001 are ignored under the Act.
Problem 2 –
D purchased jewellery worth Rs. 80,000 during the year 2005-06. During the year 2011-12,
he further purchased jewellery worth Rs. 90,000. All the jewellery was sold by him on May
15, 2017. The jewellery purchased in 2005-06 was sold for Rs. 8,00,000 and that purchased
in 2011-12 was sold for Rs. 10,10,000.
The expenses on transfer of jewellery were 1% of sale price. He purchased a plot of land for
Rs. 4,15,000 on January 04, 2018 for construction of residential house. On June 15, 2018, he
deposited Rs. 6,00,000 in the Capital Gains Deposit Account Scheme and a further sum of Rs.
2,00,000 as on November 15, 2018.
He owns only one residential house as on May 15, 2017. Compute the capital gains for the
assessment year 2018-19. CII for 2005-06 is 117, for 2011-12 is 184 and for 2017-18 is 272.
Solution:
Assessment Year 2018-19
Particulars Jewellery Jewellery
Year of Purchase 2005-06 2011-12
(Rs.) (Rs.)
Sale consideration 8,00,000 10,10,000
Less: Expenses on sale (1%) 8,000 10,100
Net sale consideration 7,92,000 9,99,900
Less: Indexed cost of acquisition
(80,000/117*272); (90,000/184*272) 1,85,983 1,33,043
LTCG (before exemption) 6,06,017 8,66,857
Less: Exemption under section 54F 11,554 8,66,857
LTCG 5,94,463 Nil
Working note for calculation of exemption under section 54F:

Percentage 76.52% 86.69%
[Capital gain (before exemption)/ Net sale consideration]
Ranking II I
Total amount eligible for exemption under section 54F is
Rs. 10,15,000 [4,15,000 + 6,00,000]
(amount deposited after due date of filing return of income
is not considered for the purpose of exemption).
First utilisation should be towards gains from jewellery
purchased in 2011-12
Exemption under section 54F
[8,66,857/9,99,900*9,99,900] 8,66,857
Exemption under section 54F 11,554
[6,06,017/7,92,000* 15,100]
[15,100 = 10,15,000 – 9,99,900 (utilised above)]
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Problem 3 –
Mr. A purchased a house on July 1, 1998 for Rs. 90,000. He had to pay Rs. 2,000 as
brokerage to a real estate agent for arranging the deal and Rs. 8,000 as registration charges.
He gifted his house to his son B on September 15, 2005. The following capital expenditures
were incurred by A and B in respect of the aforesaid house:
a. Addition of two rooms by A during 1999-00: Rs. 50,000.
b. Addition of first floor by A during 2004-05: Rs. 1,00,000.
c. Addition of Second floor by B during 2010-11: Rs. 1,50,000.
Fair market value of house on April 1, 2001 was Rs. 1,25,000.
B transferred it to Z for Rs. 72,00,000 on November 15, 2017. B had to pay brokerage @ 1%
for arranging this deal.
B purchased a residential plot for Rs. 10,00,000 on June 25, 2018 and deposited Rs.
15,00,000 with SBI under 'Capital Gain Deposit Account Scheme'. Compute capital gains for
the assessment year 2018-19 and also advise, by which date, he must utilize this amount by
constructing a house on the aforesaid plot in order to avoid withdrawal of exemption claimed
under section 54.
Cost Inflation Index for financial year 2001-02 is 100, 2004-05 is 113, 2005-06 is 117, 2010-
11 is 167 and 2017-18 is 272.
Solution:
Computation of capital gains for the assessment year 2018-19:
Rs.
Less: Expenses on sale (1%) 72,000
Less: Indexed cost of acquisition (1,25,000/100*272) 3,40,000
Less: Indexed cost of improvement
2004-05: 1,00,000/113*272 2,40,708
2010-11: 1,50,000/167*272 2,44,311
LTCG (before exemption) 63,02,981
Less: Exemption under section 54
[10,00,000 + 15,00,000] 25,00,000
LTCG 38,02,981
Mr. B should utilize the amount of Rs. 15,00,000 for construction purpose on purchased
residential plot latest by November 14, 2020; otherwise exemption given earlier will be taken
back to the extent of unutilized amount.
Note:
2. It is assumed that amount has been deposited in Capital Gains Deposit Account
Scheme on or before due date of filing return of income.
Problem 4 –
X Ltd. is having two Machines A & B (Depreciation rate: 15%, Depreciated value of the
block on 1-4-2017: Rs. 9,00,000). On June 1, 2017, it purchased an old Machine C
(depreciation rate: 15%) for Rs. 1,00,000. On Nov 1, 2017, Machine A was transferred for
Rs. 30,000. Machine B was transferred for Rs. 20,000 on Dec 1, 2017 and Machine C was
transferred for Rs. 25,000 on Jan 1, 2018. Expenditure on transfer on these machines was Rs.
2,000.
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Compute the amount of admissible depreciation/ capital gain for the assessment year 2018-
19.
Solution:
Computation of depreciation for the block of Plant and Machinery having rate of depreciation
15%:
Amount (Rs.)
Depreciated value of the block on 01/04/2017 [A &B] 9,00,000
Add: Cost of asset acquired during the previous year [C] 1,00,000
10,00,000
Less: Sale consideration [A, B and C]
[30,000 + 20,000 + 25,000 – 2,000] 73,000
WDV of the block on 31/03/2018 9,27,000
Depreciation in 2017-18 Nil

WDV of the block on 01/04/2018 Nil
No depreciation will be charged in the present case because block is empty on March 31,
2018, though WDV on March 31, 2018 is not zero.
Computation of capital gains:

Since block ceases to exist on March 31, 2018, section 50(2) has to be applied.
Amount (Rs.)
Sale consideration 75,000
Less: Expenses on sale 2,000
Less: WDV on 01/04/2017 9,00,000
Less: Cost of asset acquired 1,00,000
STCG [Section 50(2)] (9,27,000)
Problem 5 –
Mr. X (55 years) owns a house property in Ghaziabad. It was acquired by Mr. X on October
10, 2006 for Rs. 6,00,000. He transfers it for Rs. 53,00,000 on November 4, 2017 (Stamp
Duty Value Rs. 65,00,000). X pays brokerage @ 2%. He made following investments in order
to avail of the exemptions arising out of the aforesaid capital gain transaction.
Mr. X acquires a residential house property at Kolkata on December 10, 2017 for Rs.
10,00,000 and deposited Rs. 4,00,000 on July 16, 2018 and Rs. 1,00,000 on November 1,
2018 in Capital Gain Deposit Scheme in a Nationalised Bank for construction of an
additional floor on the residential house property in Kolkata.
Invests Rs. 7,00,000 on April 10, 2018 and Rs. 2,00,000 on June 15, 2018 in REC Capital
Gain Bonds.
Compute the chargeable amount of capital gain and tax liability of X for the assessment year
2018-19 on the assumption that Mr. X’s salary income (computed) is Rs. 4,90,000. CII for
2006-07 and 2017-18 are 122 and 272 respectively.
Solution:
Computation of net taxable income for the assessment year 2018-19:
Rs.
Less: Expenses on sale (2% of 53,00,000) 1,06,000
Less: Indexed cost of acquisition (6,00,000/122*272) 13,37,705
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[10,00,000 + 4,00,000] 14,00,000
Exemption under section 54EC 7,00,000
LTCG 29,56,295
Salary 4,90,000
Less: Deduction under Chapter VIA Nil
NTI (Rounded off) 34,46,300

Tax on LTCG [29,56,295*20%] 5,91,259
Tax on Rs. 4,90,000 12,000
6,03,259
Less: Rebate under 87A Nil
6,03,259
Add: Cess @ 3% 18,098
6,21,360
Note:
1. If stamp duty value is more than the actual sale value, stamp duty value is taken as
sale value.
2. Amount invested till May 3, 2018 in REC bonds is eligible for exemption under
section 54EC.
Problem 6 –
X purchased a house property on July 17, 1995 for Rs. 45,000. Fair market value of the
property on April 1, 2001 was Rs. 48,000. X incurred the following expenses:
a. Construction of a room on the ground floor during 2000-01 Rs. 30,000
st
b. Construction of 1 floor in 2015-16 Rs. 40,000
The property is transferred on April 6, 2017 for Rs. 95,00,000 (circle rate was 98,00,000,
which is stamp duty value, on which purchaser has paid stamp duty at the rate of 9%). X
made the following investments:
i. On August 1, 2017, he purchased Rs. 10,00,000 NHAI bonds.
ii. On March 31, 2017, he purchased a residential house in Delhi for Rs. 13,00,000. In
addition, he paid stamp duty at the rate of 6% on circle rate of Rs. 15,00,000.
iii. On June 30, 2017, he constructed first floor in Delhi house by spending Rs. 2,70,000.
iv. On October 8, 2017, X purchased Rs. 8,00,000 REC bonds.
CII for previous year 2001-02 is 100, 2015-16 is 254 and 2017-18 is 272. Find out the net
income and tax liability for the assessment year 2018-19.
Solution:
Rs.
Less: Indexed cost of acquisition (48,000/100*272) 1,30,560
Less: Indexed cost of improvement (40,000/254*272) 42,835
[13,00,000 + 90,000 (6% of 15,00,000) + 2,70,000] 16,60,000
Exemption under section 54EC 10,00,000
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LTCG 69,66,605
Add: Other incomes Nil
Gross/ Net taxable income (Rounded off) 69,66,610
Since the assessee is a resident (assumed) individual and income other than LTCG i.e., Nil is
less than the exemption limit of Rs. 2,50,000, shifting from LTCG is possible to the extent of
Rs. 2,50,000 [2,50,000 – Nil]. Thus, computation of tax is as followed –
Amount (Rs.)
Tax [69,66,610 – 2,50,000]*20% 13,43,322
Add: Surcharge @ 10%
(Taxable income exceeds Rs. 50,00,000) 1,34,332
14,77,654
Add: Cess @ 3% 44,330
Tax liability 15,21,980
Notes:
2. Exemption under section 54 is available for the investment in only 1 residential house
and thus, construction in the same residential house within the eligible time limits
(i.e., on June 30, 2017) is also eligible for exemption under section 54.
If the amount of capital gain for the purposes of section 54, and the net consideration
for the purposes of section 54F, is appropriated towards purchase of a plot and also
towards construction of a residential house thereon, the aggregate cost should be
considered for determining the quantum of deduction under section 54/54F, provided
that the acquisition of plot and also the construction thereon, are completed within
the period specified in these sections – Circular : No. 667, dated 18-10-1993.
3. Investment in REC bonds is not eligible for exemption under section 54EC as the
investment is made after 6 months from the date of transfer of capital asset.
4. It is assumed that amount has been deposited in Capital Gains Deposit Account
Scheme on or before due date of filing return of income.
1. What is the cost of acquisition of bonus shares in the context of capital gains?
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
2. What is a “Capital asset” under the Income Tax Act, 1961?

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
3. How would you compute capital gains on depreciable assets under section ‘50’.
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…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
4. Write a short note on exemption under section 54.

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
5. Briefly explain the provisions relating to exemption of capital gains arising out of
transfer of long term capital asset other than a house property (Sec. 54F).
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
1. Indexation is not available in case of –

a. Debentures
b. Listed equity shares
c. Commercial house property
2. Deductions under sections 80C to 80U are not available from –

a. LTCG
b. STCG under section 111A
c. Both of the above
[Answers: 1(a), 2(c)]
1. STCG under section 111A is taxable @ ……
2. Exemption under section 54EC can be claimed if the asset transferred is a ………… term
capital asset.
[Answers: 1(15%), 2(Long)]
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1. If equity shares are transferred in a recognized stock exchange in India, long term capital
gain is exempt from tax.
2. Advance money forfeited during the previous year 2017-18 is taxable as “Income from
other sources.”
[Answers: 1(True), 2(True)]
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LESSON 9(a)
INCOME FROM OTHER SOURCES
9.1 Introduction
9.3 Treatment of Dividend
9.4 Treatment of Winnings from lotteries, crossword puzzles, horse races and card games,
etc.
9.5 Treatment of Interest on Securities
9.6 Interest exempt from tax [Sec. 10(15)]
9.7 Receipts without consideration/ inadequate consideration to be treated as income [Sec.
56(2)]
9.8 Deductions under the head “Income from other sources” [Sec. 57]
9.9 Amounts not deductible while computing “Income from other sources” [Sec. 58]
9.11 Summary
9.12 Exercise
9.1 Introduction
“Income from other sources” is the last head of income. While section 56 defines the scope of
income chargeable to tax under this head, section 57 and 58 specify the basis of computation
of such income.
Any income which is not included in other heads of income is by default covered under the
head “Income from other sources”. Section 56(1) covers any income which does not fall
under any other head of income. However, section 56(2) specifies ten incomes which are
always taxable under the head “Income from other sources”.
The following ten incomes are always taxable under the head “Income from other
sources”:
1. Dividend income;
2. Income from winnings from lotteries, crossword puzzles, races including horse races,
etc.;
3. Any sum received by the assessee from his employees as contributions to any staff
welfare schemes, if the same is not taxed as business income;
4. Income by way of interest on securities, if the same is not taxed as business income;
5. Income from letting out machinery, plant or furniture, if the same is not taxed as
business income”;
6. Income from letting out of machinery, plant or furniture along with letting out of
building and the two lettings are not separable (if the income is not taxed as business
income);
7. Any sum received under a Keyman insurance policy (including bonus), if such income is
not taxable as salary income or business income;
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8. If any sum of money received as gift exceeds Rs. 50,000, the whole of the amount is
taxable as income from other sources;
9. Income by way of interest on compensation or on enhanced compensation shall be
assessed under the head “Income from other sources” in the year in which it is received.
However, 50 percent of such interest is deductible and consequently, only 50 percent of
such interest is taxable.
10. Where any sum of money, received as an advance or otherwise in the course of the
negotiations for transfer of a capital asset, is forfeited and the negotiations do not result
in transfer of such capital asset, then, such sum shall be chargeable to tax under the head
“Income from other sources”. This provision is applicable for those forfeitures of
advance money which are forfeited in the assessment year 2015-16 (or onwards).
Some general incomes which are chargeable to tax under the head “Income from other
sources”:
1. Income from subletting;
2. Income from royalty (if it is not an income from business/ profession);
3. Director’s fee;
4. Agricultural income from land situated outside India;
5. Agricultural income from a place outside India;
6. Rent of plot of land;
7. Casual income;
8. Salaries payable to a Member of Parliament;
9. Family pension received by family members of a deceased employee;
10. Income from undisclosed sources;
11. Compensation received for use of business assets;
12. Income from undisclosed sources:
▪ Unexplained Cash credits (Sec. 68)
▪ Unexplained Investments (Sec. 69)
▪ Unexplained Money (Sec. 69A)
▪ Unexplained Expenditure (Sec. 69C)
▪ Amount borrowed/ repaid on Hundi.
Relevance of method of accounting:

Income chargeable under the head “Income from other sources” is computed in accordance
with the method of accounting regularly employed by the assessee.
9.3 Treatment of Dividend
Any dividend, declared, distributed or paid by a company to its shareholders is chargeable to

tax under the head “Income from other sources” irrespective of the fact whether shares are
held by the assessee as investment or stock-in-trade.
Under section 2(22), some payments may be treated as deemed dividend even though these
payments may not be “dividend” under the Companies Act.
Notes –
1. Actual dividend received from domestic companies is exempt in the hands of
shareholders under section 10(34) if the dividend income does not exceed Rs. 10 lakh.
In case it exceeds Rs. 10 lakh, it is taxable in the hands of shareholders under section
115BBDA.
173
However, the company declaring dividend has to pay corporate dividend tax under
section 115-O @ 20.358% (17.647% + 12% + 3%) for the assessment year 2018-19.
Rate of CDT (Corporate dividend tax) is 15% but computation of effective corporate
dividend tax rate makes this rate as 17.647%.
2. Tax on dividends covered under section 115BBDA –

In the case of a resident individual, resident HUF, resident firm and non-domestic
companies, aggregate dividend income from domestic companies in excess of Rs. 10
lakh is chargeable to tax @ 10% + Surcharge + Cess @ 3%. Taxation of dividend
income in excess of Rs. 10 lakh shall be on gross basis i.e., no deduction is allowed
from dividend income.
3. Actual dividend received from a non-domestic company is taxable in the hands of

shareholders.
4. If deemed dividend is covered under clause 2(22)(a), (b), (c) or (d), then it is exempt
in the hands of shareholders under section 10(34). However, the payer-company has
to pay CDT/ DDT (corporate dividend tax/ dividend distribution tax) under section
115-O @ 20.358% for the assessment year 2018-19.
5. However, if dividend is covered under clause 2(22)(e), it is taxable in the hands of

shareholders under the head “Income from other sources”. On such dividends,
company paying dividend has to deduct tax at source under section 192 @ 10% on
behalf of the assessee and assessee has to include this income as deemed dividend
income under the head “Income from other sources” which will be taxable at the rate
depending upon the tax slab applicable for the assessee.
6. Dividend paid by an Indian company is deemed to accrue or arise in India.
7. The aforesaid rules are applicable even if dividend is declared by a company out of
income which is not chargeable to tax.
9.4 Treatment of Winnings from lotteries, crossword puzzles, horse races and card
games, etc.
1. Gross winnings from lotteries, crossword puzzles, races including horse races (other
than income from the activity of owning and maintaining race horses), card games
and other games of any sort or from gambling or betting of any nature whatsoever are
chargeable to income-tax at a flat rate of 30% + surcharge (if applicable) + cess @ 3%
(if applicable) on the amount of gross winnings (without claiming any allowance or
expenditure).
2. Under section 194B, tax is deductible @ 30% + surcharge (if applicable) + cess @
3% on payments in respect of winnings from lotteries or crossword puzzles or card
games or other games if amount of payment exceeds Rs. 10,000.
3. Under section 194BB, tax is deductible @ 30% + surcharge (if applicable) + cess @
3% on payments in respect of winnings from horse races if amount of payment
exceeds Rs. 10,000.
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4. No tax is required to be deducted in respect of winnings from other races, gambling or
betting.
5. No deduction under sections 80C to 80U is allowed from such incomes.
9.5 Treatment of Interest on Securities
Under section 2(28B), interest on securities means:

a. interest on any security of the Central Government or a State Government;
b. interest on debentures or other securities for money issued by or on behalf of a local
authority or a company or a corporation established by a Central, State or Provincial
Act.
Interest on securities does not accrue daily or according to the period of holding of
investment. Under section 193, TDS from interest on securities is 10%. However, no TDS is
required to be deducted in case of Central/ State Government securities (except on Relief
Bonds).
9.6 Interest exempt from tax [Sec. 10(15)]
Interest on the following securities is exempt from tax:

1. National Defence Gold Bonds, 1980;
2. Special Bearer Bonds, 1991;
3. Treasury Saving Deposits Certificates;
4. Post Office Savings Bank Account interest is exempt only to the extent of Rs. 3,500 in
case of single account and Rs. 7,000 in case of joint account;
5. National Plan Certificates;
6. 7% Capital Investment Bonds;
7. Notified Relief Bonds;
8. Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999;
9. Scheme of Fixed Deposits governed by the Government Savings Certificates (Fixed
Deposits) Rules, 1968;
10. Scheme of Fixed Deposits governed by the Post Office (Fixed Deposits) Rules, 1968;
11. Notified bonds/ debentures of a public sector company;
12. Notified bonds issued by local authority.
9.7 Receipts without consideration/ inadequate consideration to be treated as income

[Sec. 56(2)]
Under this clause, if any person receives during the previous year 2017-18, a sum of money
or property without consideration/ inadequate consideration (which falls in any of the
following five categories), it is chargeable to tax in the hands of the recipient under the head
“Income from other sources” except in the following cases:
1. If money/ property is received from a relative.
2. If money/ property is received on the occasion of the marriage of the individual.
3. If money/ property is received by way of will/ inheritance.
4. If money/ property is received in contemplation of death of the payer.
5. If money/ property is received from a local authority.
6. If money/ property is received from any fund, foundation, university, other
175
educational institution, hospital, medical institution, any trust or institution referred to
in section 10(23C).
7. If money/ property is received from a charitable institute registered under section
12A/ 12AA.
8. If money/ property is received by any fund/ trust/ university/ other educational
institutions/ hospital/ other medical institution referred to in section 10(23C).
Following are the five categories:

Different Tax treatment For the ceiling of
categories Rs. 50,000 whether
a single transaction
would be examined
or all transactions
of the previous year
will be considered
Any sum of If aggregate amount of sum of money received All transactions
money (gift in without any consideration from one or more
cash or by persons during a previous year exceeds Rs. 50,000,
cheque or draft) the whole of such aggregate value will be
chargeable to tax.
Immovable If any immovable property (without any Single transaction
property consideration) is received whose stamp duty value
without exceeds Rs. 50,000, stamp duty value will be
consideration chargeable to tax.
Immovable If any immovable property is received for a Single transaction
property for a consideration which is less than the stamp duty
consideration value of the property by an amount exceeding Rs.
which is less 50,000, then the difference between stamp duty
than the stamp value and consideration is chargeable to tax.
duty value
Movable If aggregate fair market value of movable All transactions
property** properties** received without consideration during
without a previous year exceeds Rs. 50,000, the whole of
consideration aggregate fair market value of movable property or
properties** will be chargeable to tax.
Movable If movable property or properties** is received for All transactions
property** for a a consideration which is less than the aggregate fair
consideration market value of the property or properties** by an
which is less amount exceeding Rs. 50,000, then the difference
than the fair between aggregate fair market value and the
market value consideration is chargeable to tax.
Notes –
1. *Property:
“Property” for this purpose means the following capital assets of the assessee (i.e.,
recipient):
i. immovable property being land or building or both;
ii. shares and securities;
iii. jewellery;
iv. archaeological collections;
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v. drawings;
vi. paintings;
vii. sculptures;
viii. any work of art; or
ix. bullion.
2. **Movable Property:
“Movable Property” for this purpose means the following capital assets of the
assessee (i.e., recipient):
i. Shares and securities;
ii. jewellery;
iii. archaeological collections;
iv. drawings;
v. paintings;
vi. sculptures;
vii. any work of art; or
viii. bullion.
3. Relative:
Relative means spouse of the individual, brother or sister of the individual, brother
or sister of the spouse of the individual, brother or sister of either of the parents
of the individual, any linear ascendant or descendant of the individual, any linear
ascendant or descendant of the spouse of the individual, and spouse of the
aforesaid persons discussed above.
Example –
If assessee is Mr. X, following people are covered under the definition of relative:
i. Mrs. X,
ii. Mr. X’s brother and sister,
iii. Mrs. X’s brother and sister,
iv. Mr. X’s parent’s brothers and sisters,
v. Mr. X’s father, grandfather, great grandfather, mother, grandmother, great
grandmother and so on or Mr. X’s son, grandson, great grandson, daughter,
granddaughter, great granddaughter and so on,
vi. Mrs. X’s father, grandfather, great grandfather, mother, grandmother, great
grandmother and so on or Mrs. X’s son, grandson, great grandson, daughter,
granddaughter, great granddaughter and so on, and
vii. in all the cases [from point (ii) to (vi)] spouses also.
9.8 Deductions under the head “Income from other sources” [Sec. 57]
1. Interest on loan taken for the purpose of investment in shares or securities will also be
deductible if it is actually used for the aforesaid purpose. But if dividend is exempt
under section 10(34), the expenses shall not be allowed as a deduction because
expenses incurred to earn the income which is already exempt under section 10 are
not allowed as deduction.
2. In the case of income in the nature of family pension received by the widows or heirs
of deceased employee, a deduction of a sum equal to 1/3rd of such income or Rs.
15,000, whichever is less, is allowed as deduction.
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3. Any other expenditure (not being a capital expenditure or personal expenditure of the
assessee) incurred wholly and exclusively for the purpose of earning such income.
4. Any expenditure is deductible if the following basic conditions are satisfied:

a. The expenditure must be laid out or expended wholly and exclusively for the
purpose of making or earning the income;
b. The expenditure must not be in the nature of capital expenditure;
c. It must not be in the nature of personal expenses of the assessee;
d. It must be laid out or expended in the relevant previous year and not in any prior
or subsequent year.
9.9 Amounts not deductible while computing “Income from other sources” [Sec. 58]
1. Any personal expenses of the assessee.
2. Payment to relatives and associates if the Assessing Officer considers it excessive or

unreasonable.
3. Expenses or losses in connection with income from lottery, crossword puzzles, races
including horse races, card games, gambling or betting of any nature, shall not be
deductible in computing the said income.
4. Expenses incurred in relation to exempted incomes are not deductible.
1. Dividend from UTI/ Mutual fund is exempt from tax under section 10(35).
2. Winnings from lottery or gambling nature incomes are taxable @ 30%.
3. Interest on Government securities and non-Government securities is taxable under the

head “Income from other sources”. However, in case of non-Government securities
(listed on non-listed), TDS rate is 10% but in case of Government securities, TDS is
Nil.
4. Anything received by partners from their partnership firm is taxable under the head
“Profits and gains of business or profession” in their individual hands. For example,
interest on capital, share of profit, remuneration to partners, etc.
5. Share of profit from a partnership firm is exempt from tax in the hands of partners
under section 10(2A).
6. Maximum rate of interest which a firm can pay to the partners, as interest on partner’s
capital contribution cannot exceed 12% p.a. under section 40(b).
7. Tax-free Government Securities:

These securities are those, the interest on which is fully exempt from tax under
section 10(15). Interest on such securities is neither included in total income of the
assessee, nor it is taxed.
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8. Less-Tax Government Securities:
Interest on such securities shall be included in the total income of security holder. Tax
shall not be deducted of source on interest of such securities.
9.11 Summary
This topic discussed the computation of income under the head “Income from other sources”.
Treatment of dividend and gift has been discussed in detail.
Problem –
X (42 years) gives the following information for the previous year 2017-18:
1. On December 1, 2017, he gets gift of House A from his friend B (stamp duty value is
determined at Rs. 6,00,000).
2. On December 7, 2017, X purchases a second-hand car for Rs. 70,000 from D (market
value is, however, Rs. 3,00,000).
3. On December 21, 2017, X purchases a painting for Rs. 4,00,000 from G, who is
brother of Mrs. X (fair market value is Rs. 7,00,000).
4. On January 25, 2018, X gets a gift cheque of Rs. 1,00,000 from his friend L on his
birthday.
5. X contributes Rs. 10,000 in the public provident fund account of his dependent
mother.
Determine the amount of net income of X for the assessment year 2018-19.
Solution:
Amount (Rs.)
Income from other sources/ GTI 7,00,000
Less: Deduction under section 80C Nil
Different categories Point Tax treatment Taxable

No. (Rs.)
Gifts in cash 4. Gift from a friend of Rs. 1,00,000. 1,00,000
Since the amount exceeds Rs. 50,000,
the whole amount is chargeable to tax
Immovable property 1. Since stamp duty exceeds Rs. 50,000; 6,00,000
without consideration stamp duty will be chargeable to tax
Movable property for a 2. Car is not a movable asset under the
consideration which is less definition of gift
than the fair market value 3. Gift from relative is exempt from tax Nil
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1. What are the incomes included under the head “Income from other sources”?
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2. Explain the provisions of ‘Gift’ under Income from other sources?

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1. Dividend income from a non-domestic company is __________ in the hands of

shareholders.
a. Exempt
b. Taxable
c. Taxable @ 15%
2. Which option is odd one?

a. Gift from a relative
b. Gift at the time of marriage anniversary
c. Gift by way of will
d. Gift from an educational institution
[Answers: 1 (b), 2 (b)]
1. Gambling income is taxable @ ……..
2. Maximum exemption in case of family pension is …………
[Answers: 1 (30%), 2 (Rs. 15,000)]
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1. Gift received from a relative is exempt from tax only if the amount does not exceed Rs.
50,000.
2. Dividend from a domestic company is exempt from tax in the hands of shareholders if it
does not exceed Rs. 10 lakh.
[Answers: 1 (False), 2 (True)]
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LESSON 9(b)
CLUBBING OF INCOME
9.1 Introduction
9.2 Transfer of income without transfer of assets [Sec. 60]
9.3 Revocable transfer of assets [Sec. 61]
9.4 When an individual is assessable in respect of Remuneration of spouse [Sec. 64(1)(ii)]
9.5 When an individual is assessable in respect of income from assets (other than a house
property) transferred to Spouse [Sec. 64(1)(iv)]
9.6 When an individual is assessable in respect of income from assets transferred to Son’s
wife [Sec. 64(1)(vi)]
9.7 When an individual is assessable in respect of income from assets transferred to a Person
for the benefit of spouse [Sec. 64(1)(vii)]
9.8 When an individual is assessable in respect of income from assets transferred to a Person
for the benefit of son’s wife [Sec. 64 (1)(viii)]
9.9 When an individual is assessable in respect of income of his Minor child [Sec. 64(1A)]
9.10 Miscellaneous points
9.11 Summary
9.12 Exercise
9.1 Introduction
Generally, an assessee is taxed in respect of his own income. In some cases, however, the
assessee may be taxed in respect of income which legally belongs to some other person. This
chapter of clubbing has been incorporated in the Act for those assessees who make an attempt
to reduce their tax bill by transferring their income to others.
9.2 Transfer of income without transfer of assets [Sec. 60]
If the following conditions are satisfied, then the income from the asset would be taxable in
the hands of the transferor:
1. The taxpayer owns an asset.
2. The income from the asset is transferred to any person but ownership of the assets still
remains with the transferor.
3. The above transfer may be revocable or may not be revocable.
4. The above transfer may be effected at any time (maybe before the commencement of
the Income-tax Act or otherwise).
Example:
A owns Rs. 50,000, 10% debentures of P Ltd. On 1st April, 2017, he transfers interest income
to his friend, B, without transferring the ownership of these debentures. Although, during
2017-18, interest income of Rs. 5,000 is received by B, it is taxable in the hands of A because
as per section 60, he has transferred the income without transferring the ownership of the
asset.
9.3 Revocable transfer of assets [Sec. 61]
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By virtue of section 61, if an asset is transferred under a “revocable transfer”, income from
such asset is taxable in the hands of the transferor.
Following are treated as revocable transfers:

1. If the transfer contains any provision to re-transfer the asset (or income therefrom) to
the transferor directly or indirectly, wholly or partly.
2. If the transferor has any right to reassume power over the asset (or income therefrom)
directly or indirectly, wholly or partly.
3. If an asset is transferred under a trust and it is revocable during the lifetime of the
beneficiary.
4. If an asset is transferred to a person and it is revocable during the lifetime of the
transferee.
5. If an asset is transferred before April 1, 1961 and it is revocable within six years.
Note –
Income from such assets (covered under section 61) is taxable as and when the power to
revoke arises. The above rule is applicable even if the power to revoke has not been exercised
so far. For example, X has transferred an asset. Under the terms of transfer, on or after April
1, 1998, he has a right to utilize the income of the asset for his benefit. However, he has not
exercised this right as yet. On or after April 1, 1998, income of the asset would be taxable in
the hands of X, even if he has not exercised the aforesaid right.
9.4 When an individual is assessable in respect of Remuneration of Spouse [Sec.

64(1)(ii)]

1. The taxpayer is an individual.
2. She/ he has a substantial interest in a concern.
3. Spouse of the taxpayer (i.e., husband/ wife of the taxpayer) is employed in the above-
mentioned concern without any technical or professional knowledge or experience.
If the aforesaid conditions are satisfied, then salary income of the spouse will be taxable in
the hands of the taxpayer.
Notes –
1. Salary income includes commission, fees or any other form of remuneration whether
in cash or in kind.
2. Substantial Interest:
An individual is deemed to have substantial interest, if he (individually or along with
his relatives) beneficially holds 20% or more of equity shares in the case of a
company or is entitled to 20% or more of the profits in the case of a concern other
than a company, at any time during the previous year.
3. Relative:
Relative in relation to an individual means the husband, wife, brother or sister or any
linear ascendant or descendant of that individual.
4. When both the husband and wife have substantial interest in a concern:
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When both the husband and wife have substantial interest in a concern and both are in
receipt of the remuneration from such concern without any technical and professional
qualification, then such remuneration will be included in the total income of husband
or wife whose total income, excluding such remuneration, is greater.
It is to be noted that if once clubbing is done in the hands of X, salary of X and Mrs.
X will be included in the income of X (in the subsequent years), even if income of X
is lower than that of Mrs. X in that year. In such a case, the Assessing Officer can
club the income of X and Mrs. X in the hands of Mrs. X only if the Assessing Officer
is satisfied that it is necessary to do so. The Assessing Officer can take such action
only after giving Mrs. X an opportunity of being heard.
9.5 When an individual is assessable in respect of income from assets (other than a
house property) transferred to Spouse [Sec. 64(1)(iv)]

2. He /she has transferred an asset (other than a house property) to his /her spouse,
directly or indirectly.
3. The asset is transferred otherwise than (a) for adequate consideration or (b) in
connection with an agreement to live apart.
4. The asset may be held by the transferee – spouse in the same form or in a different
form.
If the aforesaid conditions are satisfied, then any income from such asset shall be deemed to
be the income of the taxpayer who has transferred the asset.
Example:
X has transferred debentures of IDBI to his wife without adequate consideration. Interest
income on these debentures will be included in the income of X.
Note –
1. If a house property is transferred and the above noted conditions are satisfied, then the
transferor is “deemed” as owner of the property and income will be treated as income
of the transferor under section 27(i).
2. Indirect transfer:
If the two or more transfers are inter-connected and are parts of the same transaction,
the aforesaid rule of clubbing is applicable. For instance, if X gifts Rs. 20,000 to Mrs.
Y and Y gifts property worth Rs. 20,000 to Mrs. X, the transaction would be indirect
transfer without consideration by X to Mrs. X and by Y to Mrs. Y.
9.6 When an individual is assessable in respect of income from assets transferred to

Son’s wife [Sec. 64(1)(vi)]

2. He/ she has transferred an asset after May 31, 1973 to his/ her son’s wife, directly or
indirectly.
3. The asset is transferred otherwise than for adequate consideration.
4. The asset may be held by the transferee in the same form or in a different form.
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If the aforesaid conditions are satisfied, then any income from such asset shall be deemed to
be the income of the taxpayer who has transferred the asset.
Example:
X has transferred a bank deposit of Rs. 20,000 in favour of his son’s wife without adequate
consideration. Interest income on this deposit will be included in the income of X.
9.7 When an individual is assessable in respect of income from assets transferred to a

Person for the benefit of spouse [Sec. 64(1)(vii)]

2. He/ she has transferred an asset to a person or an association of persons, directly or
indirectly, for the immediate or deferred benefit of his/ her spouse.
If the aforesaid conditions are satisfied, then any income from such asset to the extent of such
benefit shall be deemed to be the income of the taxpayer who has transferred the asset.
Example:
X transfers Government bonds without consideration to an association of persons subject to
the condition that the interest income from these bonds will be utilized for the benefit of Mrs.
X. Interest from bonds shall be included in the income of X.
9.8 When an individual is assessable in respect of income from assets transferred to a

Person for the benefit of son’s wife [Sec. 64 (1)(viii)]

2. He/ she has transferred an asset after May 31, 1973 to any person or an association of
persons, directly or indirectly, for the immediate or deferred benefit of his /her son’s
wife.
If the aforesaid conditions are satisfied, then any income from such asset to the extent of such
benefit shall be deemed to be the income of the taxpayer who has transferred the asset.
Example:
X transfers an industrial undertaking to an association of persons subject to the condition that
out of the annual income of Rs. 5,00,000, a sum of Rs. 1,00,000 shall be utilized for the
benefit of daughter-in-law of X. In this case, Rs. 1,00,000 shall be included in the income of
X.
9.9 When an individual is assessable in respect of income of his Minor child [Sec.
64(1A)]
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All income which arises or accrues to the minor child shall be included in the income of his
parent. Further, the income of minor will be included in the income of that parent whose total
income [excluding the income includible under section 64(1A)] is greater.
Notes –
1. A is minor child of X and Mrs. X. During the previous year 2017-18, income of A is
Rs. 2,500 (this is the first income of A during his life time). During the previous year
2017-18, income of X is higher than that of Mrs. X. Consequently, income of A will
be included in the income of X for the previous year 2017-18. In the subsequent years
(during the minority of A), income of A will be included in the income of X, even if
income of Mrs. X is higher than that of X in any of the subsequent years. However,
there is one exception. If in the subsequent years, the Assessing Officer wants to
include the income of minor child A in the hands of Mrs. X, it can be done only if it is
necessary to do so and that too after giving an opportunity of being heard to Mrs. X.
2. Where the marriage of the parents does not subsist, the income of minor will be
includible in the income of that parent who maintains the minor child in the relevant
previous year.
3. The minor’s income, in case both the parents are not alive, cannot be assessed in the
hands of the grand parents or any other relatives or even in the hands of minor.
When clubbing is not attracted under section 64 (1A)

In the following cases, income of minor child cannot be clubbed:
1. Income of minor child (from all sources) suffering from any disability of the nature
specified under section 80U.
2. Income of minor child on account of any manual work.
3. Income of minor child an account of any activity involving application of his skill,
talent or specialized knowledge or experience.
Exemption under section 10(32)

In case the income of an individual includes the income of his or her minor child in terms of
section 64(1A), such individual shall be entitled to the exemption of Rs. 1,500 in respect of
each minor child. Where, however, the income of any minor so includible is less than Rs.
1,500, the aforesaid exemption shall be restricted to the income so included in the total
income of the individual.
1. Income from accretion of property transferred or accumulated income of such

property:
In the aforesaid cases, income arising to the transferee from the property transferred is
taxable in the hands of transferor. Income arising to the transferee from the accretion
of such property or from accumulation income of such property is, however, not
includible in the total income of the transferor.
Example:
X transfers a sum of Rs. 5,00,000 to his wife without any consideration. Mrs. X
deposits the money in a bank. Interest received from the bank on such deposit is
taxable in the hands of X. If, however, Mrs. X purchases a house from the
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accumulated interest income, then rental income received by Mrs. X is taxable in her
hands and will not be clubbed with the income of X.
2. Can negative income be clubbed:

If income is negative and clubbing provisions are applicable, then negative income
would be clubbed.
Example:
X transfers Rs. 1,00,000 to Mrs. X. By investing Rs. 1,00,000, Mrs. X sets up a
business (total investment only Rs. 1,00,000). For the previous year, income from
business is (-) Rs. 30,000. The loss of Rs. 30,000 will be included in the income of X.
3. Heads of income under which the clubbed income will be included:

In such cases, first, the income has to be computed in the hands of the actual recipient
under the relevant heads of income as if the actual recipient of income is liable to pay
tax. Thereafter, such income will be clubbed under the same head of income in the
hands of other person. This rule is applicable irrespective of the clubbed income being
positive or negative.
After these two steps, gross total income of the person in whose hands the income is
clubbed shall be calculated as if it is his own income. Provisions of set off and carry
forward of losses are applicable as are applicable in any other case.
In the last step, deductions under sections 80C to 80U will be given to the person in
whose hand income is clubbed within the overall ceiling provided in the sections. No
separate deduction is available to the actual recipient of income.
4. Clubbing provisions are applicable even if these are beneficial to the assessee.
9.11 Summary
This topic discussed the provision of clubbing of income i.e., cases when income earned by
one person is taxable in the hands of another person. This topic was incorporated in the Act to
prevent the practice of tax avoidance. Some assesses do not transfer the assets but only
transfers the income earned from these assets which seems illogical and thus, clubbing
provisions comes in to picture. The chapter discussed different cases when income earned by
the one person is taxable in the hands of another person.
purposes and for some typical concepts. However, in the final examination, students are
expected to be more cautious in preparing working notes. Working notes in the examination
must mention the concepts along with numerical calculation.
Problem 1 –
Mr. Ashok and his wife are partners in a trading firm. Their respective shares of profit for the
financial year 2017-18 were Rs. 50,000 and Rs. 30,000 respectively.
Their minor son has been admitted to the benefits of another firm manufacturing toys from
which he received Rs. 45,000 as share of profit and Rs. 1,20,000 as interest on capital. The
capital was invested out of the minor’s own fund gifted to him by his uncle amounting to Rs.
10,00,000.
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A house in the name of Mr. Ashok was transferred to his wife on 01.12.2017 for adequate
consideration. The property has been let out throughout the financial year 2017-18 at a
monthly rent of Rs. 50,000.
Non-convertible debentures of a limited company of Rs. 2,00,000 and Rs. 2,64,000 were
purchased three years ago in the names of Mr. Ashok and his wife respectively, on which
interest is payable at 10% p.a. Mrs. Ashok had in the past transferred Rs. 1,00,000 out of her
income to Mr. Ashok for purchase of debentures in Mr. Ashok’s name.
Mr. Ashok had transferred Rs. 1,50,000 to Mrs. Ashok in the year 2014-15 without any
consideration, which she lent out to one Mr. X. Mrs. Ashok earned Rs. 60,000 as
consolidated interest during earlier financial years, which was also given on loan to Mr. X.
During the financial year 2017-18, Mrs. Ashok received interest @ 10% p.a. on the loan
amounting to Rs. 2,10,000.
Mr. Ashok transferred Rs. 1,50,000 to a trust. The income accruing from its investment
amounted to Rs. 15,000, out of which Rs. 10,000 shall be utilized for the benefit of his elder
son’s wife and Rs. 5,000 for the benefit of his minor grandchildren.
Calculate gross taxable income of Mr. Ashok and Mrs. Ashok for the financial year 2017-18.
Solution:
Computation of gross total income of Mr. Ashok and Mrs. Ashok for the assessment year
2018-19:
Particulars Mr. Ashok Mrs. Ashok
(Rs.) (Rs.)
1
Income from house property 2,80,000 1,40,000
Income from business:
Share of profit from a firm Exempt Exempt
[exempt from tax under section 10(2A)]
Minor son’s share in another firm Exempt ----
[exempt from tax under section 10(2A)]
Interest on minor son’s capital with the firm 1,18,500 ----
[1,20,000 – 1,500 exempt under section 10(32)]
Gift from Uncle2 Exempt
3
Interest income on debentures 10,000 26,400
Interest income on debentures taken in the name of Mr. ---- 10,0003
Ashok [clubbing is applicable as debentures are purchased
from the funds transferred by Mrs. Ashok]
Interest on Rs. 1,50,000 @ 10% received by Mrs. Ashok 15,0004 ----
Interest on Rs. 60,000 @ 10% ---- 6,0004
Interest income from trust 10,000 ----
4,33,500 1,82,400
Notes:
1. Mr. Ashok transferred the house property on December 01, 2017 to Mrs. Ashok with
adequate consideration. Thus, during April 2017 to November 2017, Mr. Ashok was
the owner and during December 2017 to March 2018, Mrs. Ashok was the owner.
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So, rental income of 8 months i.e., Rs. 4,00,000 after giving a standard deduction of
30% would be chargeable to tax in the hands of Mr. Ashok and rental income of 4
months i.e., Rs. 2,00,000 after giving a standard deduction of 30% would be
chargeable to tax in the hands of Mrs. Ashok.
So, the income of house property has been computed as follows:
Mr. Ashok (Rs.) Mrs. Ashok (Rs.)
Gross annual value (Assuming FR) 4,00,000 2,00,000
Less: Municipal taxes Nil Nil
Net annual value 4,00,000 2,00,000
Less: Standard deduction @ 30% 1,20,000 60,000
2,80,000 1,40,000
However, it is to be noted that had this property been transferred without adequate
consideration, provisions of “deemed ownership” would have become applicable
where rental income would have been taxable in the hands of transferor i.e., Mr.
Ashok.
2. It is assumed that this gift is received during the current previous year. Further, it is
assumed that Uncle is minor’s father’s brother and thus, covered in the definition of
relative. Gift of Rs. 10,00,000, thus, received by minor from Uncle is exempt from tax
in his hands.
3. Out of Rs. 2,00,000 debentures purchased by Mr. Ashok in his own name, Rs.
1,00,000 have been purchased from the amount given by Mrs. Ashok. Thus, interest
income on such amount would be taxable in the hands of Mrs. Ashok by virtue of
section 64(1)(iv). On remaining Rs. 1,00,000 debentures, interest income is taxable in
the hands of Mr. Ashok.
So, out of Rs. 20,000 [Rs. 2,00,000*10%] interest income earned by Mr. Ashok, Rs.
10,000 is taxable in the hands of Mr. Ashok and Rs. 10,000 is taxable in the hands of
Mrs. Ashok.
4. Interest income on Rs. 1,50,000 received by Mrs. Ashok will be clubbed in the
income of Mr. Ashok by virtue of section 64(1)(iv) because Rs. 1,50,000 have been
transferred by Mr. Ashok to his wife without any consideration. However, interest
income on Rs. 60,000 will not be clubbed in the hands of transferor because though
income arising to the transferee from the property transferred by the transferor is
taxable in the hands of transferor but income arising to the transferee from the
accretion of such property or from accumulated income of such property is, however,
not includible in the total income of the transferor. Thus, interest income on Rs.
1,50,000 will be taxable in the hands of Mr. Ashok and interest income on Rs. 60,000
will be taxable in the hands of Mrs. Ashok.
5. Interest income of Rs. 10,000 from trust will be clubbed in the hands of Mr. Ashok as
the income from trust would be utilised for the benefit of son’s wife. However,
interest income of Rs. 5,000 from trust utilised for the benefit of Mr. Ashok’s minor
grandchildren would be taxable in the hands of Mr. Ashok’s son or daughter-in-law,
whose total income, excluding the income taxable under section 64(1A) is higher.
Problem 2 –
A HUF consists of Mr. A (Karta), Mrs. A and a minor child. On 18th December 2017, the
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Karta sets apart Rs. 5 lakh out of the family fund for maintenance of his wife. Mrs. A deposits
the money in her name with a bank at an interest rate of 9% p.a.
Discuss whether the interest income will be clubbed with the income of HUF or Mr. A or
none. Justify your answer.
Solution:
Clubbing provisions are not applicable in the present case. Situation of different assessees is
as follows –
Mrs. A: Rs. 45,000 is taxable in the hands of Mrs. A.
HUF : Clubbing is not applicable for HUF.
Mr. A : Had Mr. A transferred Rs. 5,00,000 to Mrs. A, interest income on Rs. 5,00,000
would have been taxable in the hands of Mr. A.
1. What are the provisions of clubbing of income in respect of income of minor child?
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2. What are the provisions of clubbing of income in respect of remuneration of spouse?

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1. Clubbing is not applicable in respect of minor child if he is suffering from any disability
specified under section 80U.
2. Income from an asset is not taxable in the hands of transferor if the asset transferred to
spouse is a house property.
[Answers: 1 (True), 2 (False)]
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LESSON 10(a)
SET OFF AND CARRY FORWARD OF LOSSES
10.1 Introduction
10.2 Steps to be applied for set-off and carry forward
10.3 Inter-source (Intra head) adjustment
10.4 Inter-head adjustment
10.5 Carry forward and set-off of losses
10.7 Summary
10.8 Exercise
10.1 Introduction
The rules of setting off of losses and carry forward are applied before computing gross total
income.
10.2 Steps to be applied for set-off and carry forward
The process of setting off of losses and their carry forward is covered in the following three
steps:
Step 1: Inter-source (Intra-head) adjustment under the same head of income.
Step 2: Inter-head adjustment in the same assessment year (Step 2 is applied only if a loss
cannot be set off under step 1).
Step 3: Carry forward of a loss (Step 3 is applied only if a loss cannot be set off under step
1 and 2).
10.3 Inter-source (Intra head) adjustment
If the net result for any assessment year, in respect of any source under any head of income,
is a loss, the assessee can set-off this loss against his income from any other source under the
same head of income for the same assessment year subject to the following provisions –
House property
Loss from a house property can be set-off against profits of other house properties.
Profits and gains from business or profession

Speculation business:
Loss in a speculation business can be set off only against the profit in a speculation business.
Specified business under section 35AD:

Loss of any specified business under section 35AD can be set-off only against profits of any
specified business under section 35AD.
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Non-speculation business:
Loss from a non-speculative business (including depreciation) can be set off against income
from speculative business, non-speculation business as well as against specified business
under section 35AD.
Capital gains
Long-term capital loss can be set off only against long-term capital gain. However, short-
term capital loss can be set off against STCG as well as LTCG.
Income from other sources

Activity of owning and maintaining race horses:
Losses from the activity of owning and maintaining race horses can be set-off only against
the business profits of owning and maintaining race horses.
Casual income:
1. Expenses incurred while earning casual incomes (i.e., lotteries, crossword puzzles,
etc.) are not allowed to be adjusted even against casual incomes. For example, if
expense of Rs. 2,000 is incurred in purchasing a lottery ticket and later on, Rs.
1,00,000 prize of lottery is earned, the assessee has to show Rs. 1,00,000 as lottery
income (Rs. 2,000 expenses on purchasing lottery ticket is of no consideration).
2. Losses of gambling nature cannot be set off against winnings from lotteries,
crossword puzzles, races including horse races, card games and other games of any
sort or from gambling or betting of any form or nature.
Other incomes:
Losses under the head “Income from other sources” (excluding income from the activity of
owning and maintaining race horses and gambling incomes) can be set-off against the income
from the activity of owning and maintaining race horses as well as other incomes under the
head “Income from other sources” but not against gambling incomes.
10.4 Inter-head adjustment
Where the net result of computation made for any assessment year in respect of any head of
income is a loss, the same can be set off against the income from other heads subject to the
following provisions:
House property
Loss under the head “Income from house property” can be set off against income of any head
except gambling incomes (i.e., it can be set off against salary, business or profession, capital
gains, and income from other sources) but only up to Rs. 2,00,000 per year. However, there is
no restriction on the amount for carried forward house property losses of earlier years.
Profits and gains from business or profession

Speculation business:
Inter-head adjustment is not allowed in speculation business loss.
Specified business under section 35AD:

Inter-head adjustment is not allowed in specified business loss covered under section 35AD.
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Non-speculation business:
Loss from a non-speculative business (including depreciation) can be set off against income
of any head except salary and gambling incomes (i.e., it can be set off against house property,
capital gains and income from other sources).
Capital gains
Inter-head adjustment is not allowed in capital loss.
Income from other sources

Activity of owning and maintaining race horses:
Inter-head adjustment is not allowed in case of losses from the activity of owning and
maintaining race horses.
Casual income:
Neither inter-head adjustment nor intra-head adjustment is allowed in case of losses of
gambling nature viz., lotteries, crossword puzzles, races including horse races, card games
and other games of any sort or from gambling or betting of any form or nature.
Other incomes:
Losses (not being from the activity of owning and maintaining race horses or gambling
nature) can be set off against income of any other head except gambling incomes (i.e., it can
be set off against salary, house property, business or profession and capital gains).
10.5 Carry forward and set-off of losses
If a loss cannot be set off either under the same head or under the different heads, because of
absence or inadequacy of the income of the same year, it may be carried forward and set off
against the income of the subsequent year. Under the Act, the following losses can be carried
forward:
1. Loss under the head “House property”
2. Loss under the head “Profits and gains of business or profession” whether speculative
or non-speculative or from specified business under section 35AD
3. Loss under the head “Capital gains”
4. Loss from the activity of owning and maintaining race horses
Following are provisions related to carry-forward and set-off of losses of earlier years:
Type of loss to be carried forward to Income against which carried For how many
the next year(s) forward loss can be set off in the years loss can
next year(s) be carried
forward
House property loss Income under the head “House 8 years
property”
Speculation loss Speculation profits 4 years
Non-speculative business loss:

1. On account of unabsorbed Any income except salaries No time-limit
depreciation, capital expenditure on
scientific research and family planning
2. Loss from a specified business under Income from a specified business No time-limit
section 35AD under section 35AD
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3. Other remaining business loss Any business profit (whether 8 years
from speculation or otherwise)
Capital loss:
1. Short-term capital loss STCG as well as LTCG 8 years
2. Long-term capital loss Long-term capital gains 8 years
Loss from the activity of owning and Income from the activity of 4 years
maintaining race horses owning and maintaining race
horses
Note:
Losses under the head “Income from other sources” cannot be carried forward to the next
year except loss from the activity of owning and maintain race horses.
1. If income from a particular source is exempt from tax, e.g., income exempt from tax
under section 10, loss from such source cannot be set off against income chargeable to
tax.
2. It is to be noted that no option is available to an assessee to set off a loss or not to set
off a loss.
3. Dividend income is always taxable under the head “Income from other sources”.
Consequently, the dividend income on shares held as stock-in-trade or investment is
taxable under the head “Income from other sources”. However, for the purpose of set
off of business losses, dividend on shares held as stock-in-trade is treated as business
income, although such dividend income is taxable (like any other dividend income)
under the head “Income from other sources”.
4. Like dividend income, interest income is always taxable under the head “Income from
other sources”. Consequently, the interest income on the amount held as stock-in-
trade or investment is taxable under the head “Income from other sources”. However,
for the purpose of set off of business losses, interest income on the amount held as
stock-in-trade is treated as business income, although such interest income is taxable
(like any other interest income) under the head “Income from other sources”.
5. If nothing is mentioned about business losses, these losses are treated as non-
speculative business losses.
6. Carry forward and set off of business loss other than speculation loss:
The business loss other than the speculative can be carried forward and set off against
the profits of the assessee who incurred the loss. However, this rule has the following
exceptions:
a. Accumulated business loss of an amalgamating company
b. Accumulated business loss of an amalgamated banking company
c. Accumulated business loss of a demerged company
d. Accumulated business loss of a proprietary concern or a firm when its business is
taken over by a company
e. Accumulated business loss of a private company/ unlisted public company when
its business is taken over by a limited liability partnership
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f. Accumulated business loss of an amalgamated/ demerged co-operative bank.
7. Speculative transaction:
“Speculation transaction” means a transaction in which a contract for the purchase or
sale of any commodity, stocks and shares, is periodically (or ultimately) settled,
otherwise than by the actual delivery.
In other words, if there is a contract for purchase or sale of an article (not being
commodities, stocks or shares), it would not be a speculative transaction.
10.7 Summary
This topic discussed the provisions of set-off and carry-forward of losses under different
heads of income. Loss of any source is adjusted in three steps. First, provisions of intra-head
adjustments are applied; if still loss remains, provisions of inter-head adjustments are applied
and thereafter, if still loss remains, such losses are carried forward to the next year and in
subsequent years, such losses can be adjusted within the same head only.
Problem 1 –
X (44 years) is a resident individual. For the previous year 2017-18, he has the following
information:
1. Income from part-time employment: Rs. 2,32,000
2. Income from business of dealing in pesticides: Rs. 9,00,000
3. Income from the activity of owning and maintaining race camels: (Rs. 25,000)
4. Long-term capital gain on transfer of silver: Rs. 2,57,000
5. Income from house property: Rs. 60,000
6. Income from activity of owning and maintaining race horses: Rs. 51,000
7. Deposit with SBI for claiming deduction under section 80C: Rs. 50,000
X wants to set off the following losses brought forward from earlier years:
1. House property loss of previous year 2016-17: Rs. 20,000
2. Loss from the activity of owning and maintaining race camels of previous year 2015-
16: Rs. 25,000.
Determine the net income and tax liability of X for the assessment year 2018-19.
Solution:
Computation of net taxable income for the assessment year 2018-19:
Amount (Rs.)
Part time employment 2,32,000
Income from business:
Current year’s business income 9,00,000
Less: Loss from business of race camels 25,000
8,75,000
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Less: Brought Forward loss of race camels 25,000 8,50,000
LTCG 2,57,000
Income from house property:
Current year’s income 60,000
Less: Brought Forward loss 20,000 40,000
Income from activity of owning and maintaining race horses 51,000
Tax on LTCG [2,57,000*20%] 51,400
Tax on remaining income of 11,23,000
[1,12,500 + 30% (11,23,000 – 10,00,000)] 1,49,400
2,00,800
Add: Cess @ 3% 6,024
Net tax payable (Rounded off) 2,06,820
Problem 2 –
A submits the following particulars of his income and loss for the assessment year 2018-19:
Rs.
Income from house property (computed) 7,000
Income from interest from a partnership firm 1,500
Profit from cloth business (before depreciation) 40,000
Income from speculation business 3,200
Long-term capital gains 9,100
Dividend from UTI 2,000
Current year's depreciation 2,000
The following items have been brought forward from the preceding year:
Loss from Cloth business 10,000
Unabsorbed depreciation 7,500
Loss from speculation 7,000
Short Term Capital Loss 4,200
Long term capital Loss 11,400
You are required to compute his gross total income and deal with carry forward of losses.
Solution:
Computation of gross total income of A for the assessment year 2018-19:
Rs. Rs. Rs.
Income from house property 7,000
Business income:
Interest from firm 1,500
Non-speculative profit after depreciation
[40,000 – 2,000] 38,000
B/F non-speculative profit (10,000) 29,500
Unabsorbed depreciation 7,500 22,000
Profit from speculation business 3,200
Loss from speculation business 3,200* Nil
Long term capital gain 9,100
Long term capital loss 9,100 Nil
Gross Total Income 29,000
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Notes:
1. Dividend income form UTI is exempt from tax under section 10(35).
2. Speculation loss of Rs. 3,800 [7,000 – 3,200] will be carried forward.
3. Long-term capital loss of Rs. 2,300 [11,400 – 9,100] will be carried forward.
4. Short-term capital loss of Rs. 4,200 will be carried forward.
1. What are the provisions of carry forward and set-off of unabsorbed depreciation.
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2. Briefly illustrate the provisions relating to set-off and carry forward of losses under
the head “Capital Gains”.
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3. Explain the provision relating to set off and carry forward of non-speculative losses.
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4. Explain the provision relating to set off and carry forward of speculative business
losses.
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5. Briefly explain the provisions relating to set off and carry forward of losses under the
head "income from house property".
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1. Loss under the house property cannot be set off against -

a. Income under the head “Capital gains”
b. Income under the head “Salaries”
c. Income from speculative business
d. Gambling income
2. Short term capital loss can be set off against –

a. Long term capital gains
b. Short term capital gains
c. Both of the above
[Answers: 1 (d), 2 (c)]
1. Non-speculative business loss can be carried forward up to ……. years.
2. Loss from the activity of owning and maintaining race horses can be carried forward up to
…… years.
[Answers: 1(8), 2(4)]
1. Unabsorbed depreciation can be carried forward upto 8 years.
2. Long term capital loss can be carried forward upto 8 years.
[Answers: 1 (False), 2 (True)]
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LESSON 10(b)
DEDUCTIONS FROM GROSS TOTAL INCOME
10.1 Introduction
10.2 Certain investments or deposits [Sec. 80C]
10.3 Contribution to certain Pension Fund [Sec. 80CCC]
10.4 Contribution to National Pension Scheme [Sec. 80CCD]
10.5 Health insurance premium [Sec. 80D]
10.6 Maintenance including medical treatment of a dependent who is a person with
disability [Sec. 80DD]
10.7 Medical treatment [Sec. 80DDB]
10.8 Interest on loan taken for higher education [Sec. 80E]
10.9 Interest on loan taken for residential house property [Sec. 80EE]
10.10 Donations to certain funds, charitable institutions, etc. [Sec. 80G]
10.11 Rent Paid [Sec. 80GG]
10.12 Contribution to Political Parties [Sec. 80GGB and 80GGC]
10.13 Profits and gains from the business of collecting and processing of bio-degradable
waste [Sec. 80JJA]
10.14 Royalty income of authors [Sec. 80QQB]
10.15 Interest on deposits in savings account [Sec. 80TTA]
10.16 Person with disability [Sec. 80U]
10.18 Summary
10.19 Exercise
10.1 Introduction
Deductions under section 80C to 80U are allowed from gross total income to arrive at net
taxable income. The aggregate amount of deductions under these sections cannot exceed the
gross total income of the assessee. Deductions under sections 80C to 80GGC are in relation
to various investments and payments, whereas sections 80-IA to 80U covers deduction in
respect of certain income.
10.2 Certain investments or deposits [Sec. 80C]
1. Deduction under section 80C is available only to an individual or a Hindu undivided

family.
2. Deduction is available on the basis of specified investments/ contributions/ deposits/

payments made by the assessee during the previous year. However, investment in
Indira Vikas Patra, Kisan Vikas Patra and National Relief Bonds are not eligible for
deduction under section 80C.
3. Deduction is available on actual payment basis. Payment made during the previous
year is qualified for deduction under section 80C, regardless of the fact whether the
payment relate to the previous year or preceding years or subsequent years.
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4. The maximum amount deductible under sections 80C, 80CCC and 80CCD(1) [i.e.,
contribution by an employee (or any other individual) toward national pension
scheme] cannot exceed Rs. 1,50,000. However, employer’s contribution towards NPS
(to the extent of 10 per cent of salary) [Sec. 80CCD(2)] shall not be considered for
ceiling of Rs. 1,50,000.
Following are eligible investment under this section:

1. Life insurance premium [subject to a maximum of 20% of sum assured/ or 10% of
sum assured] (if policy is issued before April 1, 2012, 20% and if policy is issued on
or after April 1, 2012, 10%3).
Note:
In the case of individual, policy should be taken on his own life, life of the spouse or
any child (child may be dependent/ independent, male/ female, minor/ major or
married/ unmarried). In the case of a Hindu undivided family, policy may be taken on
the life of any member of the family.
Note:
Minimum period of holding in this case is 2 years.
2. Contribution (not being repayment of loan) towards statutory provident fund (SPF)
and recognized provident fund (RPF).
3. Contribution (not being repayment of loan) towards 15-year public provident fund
(PPF).
4. Contribution towards an approved superannuation fund.
5. Subscription to National Savings Certificates, VIII Issue or IX issue or Sukanya

Samriddhi Account.
6. Contribution for participating in the unit-linked insurance plan (ULIP) of Unit Trust
of India.
Note:
Minimum period of holding is 5 years.
7. Contribution for participating in the unit-linked insurance plan (ULIP) of LIC

Mutual Fund (i.e., formally known as Dhanraksha plan of LIC Mutual Fund).
Note:
8. Payment for notified annuity plan of LIC (i.e., New Jeevan Dhara, New Jeevan
Akshay) or any other insurer.
9. Subscription towards notified units of Mutual Fund or UTI.
10. Contribution to notified pension fund set up by Mutual Fund or UTI (i.e., Retirement
Benefit Pension Fund of UTI).
3
In case the policy is taken on or after April 1, 2013 on the life of a person with disability or severe disability or
on the life of a person suffering from disease or ailment given in section 80DDB, then the limit is 15% of sum
assured instead of 10%.
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11. Any sum paid as subscription to notified Home Loan Account Scheme of the
National Housing Bank (NHB) or contribution to any notified pension fund set up
by the National Housing Bank.
12. Any sum paid as subscription to any scheme of –

a. Public sector company engaged in providing long-term finance for purchase/
construction of residential houses in India (i.e., public deposit scheme of
HUDCO);
b. Housing board constituted in India for the purpose of planning, development or
improvement of cities/ towns.
13. Any sum paid as tuition fees (not including any payment towards development fees/
donation/ capitation fees/ payment of similar nature) whether at the time of admission
or otherwise to any university/ college/ educational institution in India for full
time education of any two children of an individual.
Note:
Full-time education includes even play-school activities, pre-nursery and nursery
classes.
14. Any payment towards the cost of purchase/ construction of a residential property
(including repayment of loan taken from Government, bank, cooperative bank, LIC,
National Housing Bank, assessee’s employer where such employer is public
company/ public sector company/ university/ co-operative society).
15. Amount invested in approved debentures of, and equity shares in, a public sector
company engaged in infrastructure including power sector or units of a mutual fund
proceeds of which are utilized for developing, maintaining, etc., of a new
infrastructure facility.
16. Amount deposited as term deposit for a period of 5 years or more in accordance
with a scheme framed by the Government.
17. Subscription to any notified bonds of National Bank for Agriculture and Rural
Development (NABARD).
18. Amount deposited under Senior Citizens Saving Scheme.

Note:
19. Amount deposited in 5 year time deposit scheme in post office.
10.3 Contribution to certain Pension Fund [Sec. 80CCC]
This deduction is available to an individual for contribution towards Pension Fund. Amount
should be paid or deposited under an annuity plan of the LIC of India or any other insurer for
receiving pension. Amount should be paid or deposited out of income chargeable to tax.
Maximum limit is Rs. 1,50,000.
Tax treatment of pension:

1. If deduction is claimed under section 80CCC and later on pension is received by the
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assessee (or his nominee), such pension will be taxable in the hands of recipients in
the year of receipt.
2. Where (after claiming deduction under section 80CCC) the assessee or his nominee
surrenders the annuity before maturity date of such annuity, the surrender value shall
be taxable in the hands of the assessee or his nominee, as the case may be, in the year
of the receipt.
10.4 Contribution to National Pension Scheme [Sec. 80CCD]
Discussed in detail in the chapter “Salary”
10.5 Health insurance premium [Sec. 80D]
This section is available for individuals and HUF regarding medical insurance premia
(payment should not be in cash).
Individual for this purpose, includes assessee himself, spouse, dependent children and
parents (whether dependent or not). In case of HUF, members of HUF are covered.
In the case of individual (not HUF), deduction is available for the following also:
a. If payment is made to the Central Government Health Scheme (CGHS) or any scheme
notified by the Central Government (payment not by cash) [This is not available to
parents]; or/ and
b. Payment on account of preventive health check-up (*payment by any mode including
cash).
Deductible amount can be upto Rs. 25,000 (maximum limit is Rs. 5,000 for preventive health
check-up). In case of senior citizens (60 years), additional deduction of Rs. 5,000 is available
but only in case of mediclaim insurance premium and not available for CGHS or preventive
health check-up.
Any payment made on account of medical expenditure in respect of a super senior citizen (80
years or more), if no payment has been made to keep in force an insurance on the health of
such person, as does not exceed in the aggregate Rs. 30,000 shall be allowed as deduction
under section 80D.
10.6 Maintenance including medical treatment of a dependent who is a person with

disability [Sec. 80DD]
This deduction is for resident individual and resident HUF for –

a. Expenditure on medical treatment (including nursing), training and rehabilitation of
a disabled dependent relative or/ and
b. Amount paid under any scheme framed by the LIC or other insurer, etc.
Amount of deduction is Rs. 75,000 and Rs. 1,25,000 for severe disability (if disability is
more than 80%). This amount is fixed irrespective of actual expenditure.
Dependent includes spouse, children, parents, brothers and sisters of the individual. In case
of HUF dependent refers to any member of HUF.
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10.7 Medical treatment [Sec. 80DDB]
This deduction is available to a resident individual and resident HUF for medical treatment
of notified diseases.
Amount of deduction is Rs. 40,000 or amount paid, whichever is less. For senior citizens (60
years), amount of deduction is Rs. 60,000 or amount paid, whichever is less. For super senior
citizens (80 years), amount of deduction is Rs. 80,000 or amount paid, whichever is less.
From the aforesaid amount of deduction, amount received from an insurer or amount
reimbursed by the employer shall be deducted and the balance shall be allowed as deduction.
Expenditure should be incurred for medical treatment of the assessee himself or dependent
spouse, children, parents, brothers and sisters of the individual assessee. In case of HUF
dependent refers to any dependent member of HUF.
10.8 Interest on loan taken for higher education [Sec. 80E]
This deduction is available to individuals regarding payment of interest on loan taken for
higher studies (i.e., after passing class 12). Maximum time limit is 8 years.
Interest is deductible if loan is taken from a bank, financial institution or an approved

charitable institution for pursuing assessee’s own education or for the education of his
relatives (i.e., spouse, children or any student for whom the individual is the legal guardian).
First deduction is available in the year in which the assessee starts paying interest on loan and
subsequent 7 years or until interest is paid in full. However, interest should be paid out of
income chargeable to tax.
10.9 Interest on loan taken for residential house property [Sec. 80EE]
This deduction is available to an individual for the amount of interest on loan taken by him
from a bank or a housing finance company for residential house. However, all the following
conditions must be satisfied –
1. Loan amount does not exceed Rs. 35 lakhs.
2. Value of property does not exceed Rs. 50 lakhs.
3. Loan is sanctioned during the previous year 2016-17.
4. Assessee does not own any residential house on the date of sanction of loan.
Maximum Rs. 50,000 on account of interest is available per assessment year.
Double deduction no allowed:

If deduction is claimed under section 80EE, no deduction will be allowed in respect of such
income under any other provisions of the Act for the same or any other assessment year.
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10.10 Donations to certain funds, charitable institutions, etc. [Sec. 80G]
This deduction is available to all the taxpayers. Donations are divided into two categories. On
some donations, deduction is available on the amount donated but, on some donations, there
is a limit on which benefit of deduction is available. In this second category of donations, if
the assessee has donated the amount more than the limit, then on the excess amount donated,
benefit of deduction is not available. Table 1 given below contains donations on which there
is no limit. Total amount donated, here, is eligible for the benefit of deduction. Table 2 given
below contains donations on which there is limit applicable. Total amount donated, here, is
eligible for the benefit of deduction only if this amount is within the limits. Excess amount
(i.e., the amount donated which exceeds the limit) is not eligible for the benefit of deduction
under section 80G.
On the following donations, no maximum limit is applicable. Taxpayer can donate the
amount without any limit:
Donee Deduction
(in %age)
National Defence Fund set up by the Central Government 100%
Prime Minister’s National Relief Fund 100%
National Children’s Fund 100%
Prime Minister’s Armenia Earthquake Relief Fund 100%
National Foundation for Communal Harmony 100%
An approved university/ educational institution 100%
Any fund set up by the Government of Gujarat for providing relief to victims 100%
of earthquake in Gujarat
Zila Saksharta Samiti 100%
National Blood Transfusion Council (NBTC) and State Council for Blood 100%
Transfusion
Fund set up by a State Government for the medical relief to the poor 100%
Central Welfare Fund of the Army and Air Force and the Indian Naval 100%
Benevolent Fund
Andhra Pradesh Chief Minister’s Cyclone Relief Fund 100%
National Illness Assistance Fund 100%
Chief Minster’s Relief Fund or Lieutenant Governor’s Relief Fund 100%
National Sports Fund or National Cultural Fund or Fund for Technology 100%
Development and Application
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental 100%
Retardation and Multiple Disabilities
Swachh Bharat Kosh, National Fund for Control of Drug Abuse 100%
Clean Ganga Fund (amount donated by residents only) 100%
Prime Minister’s Drought Relief Fund 50%
Jawaharlal Nehru Memorial Fund 50%
Indira Gandhi Memorial Trust 50%
Rajiv Gandhi Foundation 50%
On the following donations, there is a restriction on the amount which is eligible for
deduction under this section:
Government or any approved local authority, institution or association to be 100%
utilised for the purpose of promoting family planning
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Government or any local authority to be utilised for any charitable purpose 50%
other than the purpose of promoting family planning
Any other approved fund* or any institution which satisfies the conditions 50%
mentioned in section 80G(5)
Any authority constituted in India by (or under) any law enacted either for the 50%
purpose of dealing with and satisfying the need for housing accommodation
or for the purpose planning, development or improvement of cities, towns and
villages, or for both
Any corporation for promoting interest of minority community 50%
Any notified temple, mosque, gurudwara, church or other place (for 50%
renovation or repair)
Maximum amount:
The maximum amount for all the deductions given in Table 2 above must not exceed 10% of
the adjusted gross total income i.e., where the aggregate of sums mentioned in the above
table exceeds 10% of the adjusted gross total income, then the amount in excess of 10% of
the adjusted gross total income will be ignored while computing the aggregate of the sums in
respect of which deduction is to be allowed.
Adjusted gross total income:

The following shall be deducted from gross total income to find out adjusted gross total
income:
a. Amount deductible under sections 80C to 80U (except section 80G);
b. Such incomes on which income-tax is not payable;
c. Long-term capital gains;
d. Short-term capital gain which is taxable under section 111A @ 15%; and
e. Incomes referred to in section 115A, 115AB, 115AC or 115AD.
Mode of payment:
1. Donation can be given in cash or by cheque or draft. Donation in kind is not included.
2. It is to be noted that no deduction shall be allowed under section 80G in respect of
donation in cash of an amount exceeding Rs. 2,000.
10.11 Rent Paid [Sec. 80GG]
This deduction is available to self-employed person or salaried person who is not in receipt
of HRA.
Further, assessee, spouse, minor child & HUF should not own any residential accommodation
at the place of working/ residence of the assessee. If assessee owns the house at another
place, then she/ he should not be claiming in respect of that house the concession in respect of
self-occupied property.
Amount of deduction is lower of the following:

a. Rs. 5,000 p.m.;
b. 25% of total income;
c. Rent paid minus 10% of total income.
Total Income = Gross Total Income – LTCG – STCG taxable under section 111A –
deductions under sections 80C to 80U (except 80GG).
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10.12 Contribution to Political Parties [Sec. 80GGB and 80GGC]
This deduction is available to all taxpayers. Contribution to a political party is deductible

under section 80GGB (if a contribution is made by an Indian company) or under section
80GGC (if a contribution is made by a person other than an Indian company).
Expenditure by way of advertisement in a magazine owned by a political party is treated as

“contribution” to a political party for the purpose of section 80GGB, but not for the purpose
of section 80GGC. In other words, advertisement expenditure (in a magazine owned by a
political party) is deductible under section 80GGB (if the taxpayer is an Indian company) but
the same is not deductible under section 80GGC (if the taxpayer is a person other than an
Indian company).
10.13 Profits and gains from the business of collecting and processing of bio-
degradable waste [Sec. 80JJA]
This section is applicable where gross total income of an assessee includes any profits and
gains derived from the business of collecting, processing or treating of bio-degradable waste
for generating power or producing bio-fertilizers, bio-pesticides or other biological agents or
for producing bio-gas or making pellets or briquettes for fuel or organic manure.
The whole of the profits and gains of the above activities shall be deductible for a period of 5
consecutive assessment years beginning with the assessment year relevant to the previous
year in which such business commences.
10.14 Royalty income of authors [Sec. 80QQB]
1. This section is applicable if the following conditions are satisfied:

a. The taxpayer is a resident individual (may be an Indian citizen or foreign citizen).
b. He is an author or joint author.
c. The book authored by him is work of literary, artistic or scientific nature.

However, the “books” shall not include brouchers, commentaries, diaries, guides,
journals, magazines, newspapers, pamphlets, text-books for schools, tracts and
other publications of similar nature, by whatever name called.
d. The gross total income of the taxpayer includes the following:

i. Royalty or copyright fees (payable in lump sum or otherwise) in respect of
aforesaid book; and
ii. Lump sum consideration for transfer (or grant) of any interest in the copyright
of the book.
2. Amount of deduction:
If the aforesaid conditions are satisfied, then the amount of deduction is –
a. Rs. 3,00,000; or
b. Income from royalty as stated above,
whichever is lower.
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3. Note:
Where the income by way of royalty (or the copyright fee) is not a lump sum
consideration (in lieu of all rights of the assessee in the book) so much of the income
(before allowing expenses attributable to such income) as is in excess of 15% of the
value of such books sold during the previous year, shall be ignored.
10.15 Interest on deposits in savings account [Sec. 80TTA]
It provides a deduction up to Rs. 10,000 in aggregate to an assessee (being an individual or a

HUF) in respect of any income by way of interest on deposits (not being time deposits) in a
savings account with –
a. a banking company;
b. a co-operative society engaged in carrying on the business of banking (including a co-
operative land mortgage bank or a co-operative land development bank); or
c. a post office.
10.16 Person with disability [Sec. 80U]
This deduction is available to a resident individual. Amount of deduction is Rs. 75,000 fixed
or Rs. 1,25,000 fixed (for severe disability), irrespective of actual expenditure.
Where a deduction is claimed under section 80U, no deduction can be claimed under section
80DD and vice versa.
No deduction under section 80C to 80U is given from LTCG, STCG under section 111A as
well as gambling incomes.
10.18 Summary
This topic discussed the provisions of chapter VIA which is concerned with deductions under
section 80C to 80U. An assessee can reduce his tax liability by availing these deductions.
Problem –
X (resident in India) and Y (non-resident of India) are foreign citizens. During the previous
year 2017-18, they receive royalty income for authorizing books of literary nature. The
details of their incomes as follows:
X Y
Royalty on books of literature nature Rs. 9,00,000 Rs. 80,000
Royalty as per percentage 20% 15%
208
Expenses on earning royalty income Rs. 7,000 Rs. 5,000
X and Y Deposits Rs. 10,000 each in public provident fund. In addition, X pays medical
insurance premium of Rs. 10,000 on the health of his dependent brother and Y pays Rs.
30,000 as medical insurance premium on health of Mrs. Y. Compute the total income of X
and Y for the assessment year 2018-19.
Solution:
Computation of net taxable income of X and Y for the assessment year 2018-19:
Particulars X (Rs.) Y (Rs.)
Income from other sources (Royalty income – expenses)
[9,00,000 – 7,000; 80,000 – 5,000] 8,93,000 75,000
Gross total income 8,93,000 75,000
Less: Deduction under section 80C 10,000 10,000
Deduction under section 80D ---- 25,000*
Deduction under section 80QQB
9,00,000/20*15 = 6,75,000 – 7,000 = 6,68,000 or 3,00,000
whichever is less 3,00,000 ----
Net taxable income 5,83,000 40,000
Notes –
1. It is assumed that Mrs. Y is not a senior citizen; otherwise deduction under section
80D would have been Rs. 30,000.
2. Deduction under section 80QQB is not available to a non-resident.
3. Brother is not covered for the purpose of section 80D.
1. Explain the provision relating to the deduction in the respect of repayment of loan
taken for higher studies.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
2. Explain the deduction in respect of medical insurance premium under section 80D.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
3. Explain the provision relating to deduction under section 80GG.

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
209
4. Write a short note on deduction is respect of royalty income of authors under section
80QQB.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
………………………………………………………………………………………
…………………………………………………………………………………………
5. Write a short note on deduction under section 80DD.

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
………………………………………………………………………………………
…………………………………………………………………………………………
1. Maximum amount of deduction under section 80C is -

a. Rs. 50,000
b. Rs. 1,00,000
c. Rs. 1,50,000
2. Which of the following contribution is not eligible for deduction under section 80C?
a. Recognised provident fund
b. Public provident fund
c. Indira vikas patra
d. National savings certificate
3. Deduction under section 80E is allowed for a maximum of -

a. 5 years
b. 8 years
c. 12 years
d. No limit
4. Deduction under section 80QQB cannot exceed -

a. Rs. 1,50,000
b. Rs. 3,00,000
c. Rs. 4,50,000
[Answers: 1 (c), 2 (c), 3 (b), 4 (b)]
1. Deduction under section 80TTA cannot exceed Rs. …………..
2. Deduction under section 80DD does not depend upon ................................ It is fixed.
[Answers: 1 (10,000), 2(actual expenditure)]
210
1. Deduction under section 80C is allowed on payment basis.
2. Deduction under section 80D is not available if the premium is paid in cash.
[Answers: 1 (True), 2 (True)]
211
LESSON 11
TOTAL INCOME AND TAX LIABILITY OF INDIVIDUALS,
LEADING COURT CASES AND RETURN OF INCOME
11.1 Introduction
11.2 Leading cases of Supreme Court
11.3 Preparation of return of income
11.4 ITR forms applicable for individuals for the Assessment year 2018-19
11.5 Cases in which e-filing of income tax return is mandatory
11.6 Summary
11.7 Exercise
11.1 Introduction
The chapter discusses some leading cases of Supreme Court on the matter of taxation and
concepts related to filing of returns. The chapter also discusses the problems on computation
of total income and tax liability of an individual.
11.2 Leading cases of Supreme Court
Agricultural income [CIT v Raja Benoy Kumar Sahas Roy (1957) 32 ITR 466 (SC)]
As pointed out in this judgement, ‘Agriculture in its primary sense denotes the cultivation of
land in the strict sense of the term, i.e., tilling of the land, sowing seeds, planting and similar
operation on the land’. Bhagwati, J. laid down the following principles to serve as a guide in
the determination of the scope of the terms, “agriculture” and “agricultural purposes”. The
land is said to be used for agricultural purposes where the following two types of operations
are carried out on such land:
1. Basic operations:
Prior to generation, some basic operations are essential to constitute agriculture.
These involve cultivation of the ground, in the sense of tilling of the land, sowing of
the seeds, planting and similar operations on the land. Such basic operations demand
the expenditure of human labour and skill upon the land itself and further they are
directed to make the crop sprout from the land.
2. Subsequent operations:
After the crop sprouts from the land, there are subsequent operations which have to be
rescued to by the agriculturalists for the efficient production of the crop such as,
weeding, digging the soil around the growth, removal of undesirable growths,
prevention of the crop from insects and pests and from depredation by cattle and
tending, pruning, cutting, etc.
Mere performance of these subsequent operations on the products of the land (where
such products have not been raised on the land by the performance of the basic
operations described above) would not be enough to characterize them as agricultural
operations. Where, however, the subsequent operations are performed in conjunction
with and in continuation of the basic operations, the subsequent operations would also
constitute part of the integrated activity of agriculture.
212
Some connection with land not significant:
The mere fact that an activity has some connection with or is in some way dependent
on land is not significant to bring it within the scope of the term “agriculture”. For
instance, breeding and rearing of livestock, dairy farming, cheese and butter-making
and poultry farming would not by themselves be agricultural purposes.
In computing the annual value of a house property, expected rent cannot exceed the
standard rent [Shiela Kaushish v CIT (1981) 131 ITR 435 (SC)]
Standard rent is the rent which a person can legally recover from his tenant under a Rent
Control Act. The Supreme Court has observed in this case that a landlord cannot reasonably
expect to receive from a hypothetical tenant anything more than the standard rent under the
Rent Control Act.
Where property let out is governed by the Rent Control Acts, the standard rent fixed thereof
(or even not fixed but provision thereof is applicable to the area in which the property is
situated) will have to be taken for determining the bonafide annual value. In the case of the
property governed by the Rent Control Act, its annual value under section 23(1)(a) [i.e.,
expected rent] cannot exceed the standard rent (fixed or determinable) under the Rent Control
Act.
Expense on issue of bonus shares is revenue expenditure [CIT v General Insurance

Corporation (2006) 156 Taxmann 96 (SC)]
In this decision, the court has said that issue of bonus shares does not result in any inflow of
fresh inflow of funds or increase in the capital employed. Issuance of bonus shares by
capitalization of reserves is merely a reallocation of company’s fund. The total funds
available with the company will remain the same and the issue of bonus shares will not result
in any change in the capital of the company. The expenditure incurred in connection with
issuance of bonus shares is therefore revenue expenditure.
Refund of an amount paid earlier and allowed as a deduction will attract provisions of
section 41(1) [Polyfex (India) Pvt. Ltd. v CIT (2002) 257 ITR 343 (SC)]
Where expenditure is actually incurred by reason of payment of duty on goods and the
deduction or allowance is given in the assessment of an earlier period, the assessee is liable to
discharge that benefit as and when he obtains refund of the amount so paid. Once the assessee
gets back the amount, which was claimed and allowed as business expenditure during an
earlier year, the deeming provision in section 41(1) come into play and the amount of refund
will be chargeable to tax under section 41(1) as business income even if the person giving
refund has not given any remission or cessation of his liability and it is not necessary that the
revenue should await the verdict of a higher court or tribunal.
Section 41(1) is applicable if the following conditions are satisfied:

1. In any of the earlier years, a deduction was allowed to the taxpayer in respect of loss,
expenditure (revenue or capital expenditure) or trading liability incurred by the
assessee.
2. During the current previous year, the taxpayer:
a. has obtained a refund of such trading liability (it may be in cash or any other
manner); or
b. has obtained some benefit in respect of such trading liability by way of remission
or cessation thereof (“remission or cessation” for this purpose includes unilateral
act of the assessee by way of writing off of such liability in his books of account).
213
If the above two conditions are satisfied, the amount obtained by such person (or the value of
benefit accruing to him) shall be deemed to be profits and gains of business or profession and
accordingly chargeable to tax as the income of that previous year.
Arun Kumar v UOI (2006) 286 ITR 89 (SC)

Practically, this case is not relevant now.
The value of the perquisite regarding accommodation provided at concessional rate can be
taxed only when there is “concession” in the matter of rent given to the employee. The
authority has to decide about such concession and record a finding as to whether there is
“concession” and the case of the employee is covered under section 17(2)(ii). Only thereafter
may the authority proceed to calculate the value of the concession in the matter of rent to the
assessee under the rules.
After this decision, explanations have been added to section 17(2)(ii) so as to provide the
circumstances in which concession in the matter shall be deemed to have been provided.
CIT vs B. C. Srinivasa Setty (SC) (1981)

Practically, this case is not relevant now.
Issue Decision
Whether "Goodwill" generated in a newly commenced business can be No
described as an "Asset" under section 45
Whether transfer of such goodwill is subject to capital gains tax No
Facts of the case:

The assessee-firm's instrument of partnership showed that its goodwill had not been valued
and that the same would be made on its dissolution. Subsequently, it was dissolved and its
goodwill was valued. A new partnership by the same name was constituted and it took over
all the assets, including the goodwill, and liabilities of the dissolved firm. The ITO made an
assessment on the dissolved firm, but did not include any amount on account of the gain
arising on the transfer of the goodwill. The Commissioner set aside the ITO's order with a
direction to make fresh assessment after taking into account capital gain arising on the sale of
the goodwill. The Tribunal held that the impugned sale of the goodwill did not attract tax on
capital gain under section 45. The High Court sustained the Tribunal's order.
What Supreme Court was trying to say in this case has been explained below in simple
language?
1. To tax capital gains on sale of an asset, the asset must fall within the purview of
section 45. All transactions encompassed by section 45 must fall under the
governance of its computation provisions. A transaction to which those provisions
cannot be applied must be regarded as never intended by section 45 to be the subject
of the charge.
2. The mode of computation and deductions set forth in section 48 provide the principal
basis for quantifying the income chargeable under the head "Capital gains". What is
contemplated under section 48 is an asset in the acquisition of which it is possible to
envisage a cost. None of the provisions pertaining to the head "Capital gains" suggests
that they include an asset in the acquisition of which no cost at all can be conceived.
214
Yet there are assets which are acquired by way of production in which no cost
element can be identified or envisaged. It is apparent that the goodwill generated in a
new business has been so regarded. In such a case, when the asset is sold and the
consideration is brought to tax, what is charged is the capital value of the asset and
not any profit or gain.
If the goodwill generated in a new business is regarded as acquired at a cost and

subsequently passes to an assessee in any of the modes specified in section 49(1), it
will become necessary to determine the cost of acquisition to the previous owner.
Moreover, in a new business it is not possible to determine the date on which the
goodwill comes into existence. The date of acquisition of asset is a material factor in
applying the computation provision pertaining to capital gains.
Having regard to the nature of goodwill, it will be impossible to determine its cost of
acquisition.
3. Therefore, the goodwill generated in a newly commenced business cannot be

described as an "asset" within the term of section 45, and, therefore, its transfer is not
subject to income-tax under the head "Capital gains".
11.3 Preparation of return of income
Preparation of return of income through software

There are two ways of filing income tax return electronically. One way is to prepare the
income tax return offline on your computer and then upload it on the website
www.incometaxindiaefiling.gov.in. Another way is to directly prepare income tax return on
the website www.incometaxindiaefiling.gov.in. Second way of filing income tax return
requires less time in preparing and submitting the return as compared to the first way.
Preparing Income Tax Return offline and then submit (one way of filing income tax return) –
To Upload ITR (Income Tax Return), following steps are to be followed –
1. Open the above website and click the heading “Downloads” and then download the
relevant form.
2. Prepare the return with the help of following information –

a. All information regarding your personal details, income, tax payments,
deductions etc.
b. Enter all data and click on 'Calculate' to compute the tax and interest liability
and final figure of Tax Refund or Tax payable
c. If Tax is payable – remember to pay immediately and enter the details in
appropriate schedule. Repeat above step so that tax payable becomes zero
d. Generate and save the Income Tax Return data in XML format in the desired
place on your Computer.
3. Login to above website with User ID, Password, Date of Birth and enter the Captcha
code.
4. Go to e-File and click on "Upload Return".
215
5. Select the appropriate ITR, Assessment Year and XML file previously saved in Step 2
(using browse button).
6. Click on "Submit" button.
7. On successful submission, ITR-V will be generated automatically which needs to be

verified. On submission of return, option of ‘e-verify’ automatically comes on the
screen. Under this option, verification can be done electronically either through
Aadhar number, internet banking, bank account number, etc. After this electronic
verification, the process of income tax return filing will be treated as completed.
However, if you do not want to verify ITR-V electronically, download the ITR-V.
ITR-V is also sent automatically to the registered email. ITR-V form should be
printed, signed and submitted to Central Processing Centre (CPC) by post at the
address written on ITR-V within 120 days from the date of e-Filing. The return will
be processed only upon receipt of signed ITR-V. After receipt of this ITR-V at the
CPC, the process of income tax return filing will be treated as completed.
Preparing and submitting Income Tax Return online (another way of filing income tax
return) –
To Prepare and Submit ITR Online, following steps are to be followed –
1. Login to above website with User ID, Password, Date of Birth and enter the Captcha
code.
2. Go to e-File and click on "Prepare and Submit ITR Online" (only ITR 1 and ITR 4 can
be filled online).
3. Select the Income Tax Return Form ITR 1/ ITR 4 and the Assessment Year.
4. Fill in the details and click the "Submit" button.
5. On successful submission, ITR-V will be generated automatically which needs to be

verified. On submission of return, option of ‘e-verify’ automatically comes on the
screen. Under this option, verification can be done electronically either through
Aadhar number, internet banking, bank account number, etc. After this electronic
verification, the process of income tax return filing will be treated as completed.
However, if you do not want to verify ITR-V electronically, download the ITR-V.
ITR-V is also sent automatically to the registered email. ITR-V form should be
printed, signed and submitted to Central Processing Centre (CPC) by post at the
address written on ITR-V within 120 days from the date of e-Filing. The return will
be processed only upon receipt of signed ITR-V. After receipt of this ITR-V at the
CPC, the process of income tax return filing will be treated as completed.
Note:
Preparing the return online and submitting the return online is available only for ITR 1 and
ITR 4 whereas preparing the return offline and submitting the return online is available for all
the forms.
216
11.4 ITR forms applicable for individuals for the Assessment year 2018-19
Following ITR forms have been prescribed for an individual assessee for the assessment year
2018-19:
ITR Description
ITR 1 For Individuals having Income from Salaries, one house property, other sources
(SAHAJ) (Interest etc.) and having total income upto Rs. 50 lakhs
For Individuals and HUFs not carrying out business or profession under any
ITR 2
proprietorship
For Individuals and HUFs having income from a proprietary business or
ITR 3
profession
ITR 4
For presumptive income from business or profession
(SUGAM)
11.5 Cases in which e-filing of income tax return is mandatory
e-filing of income tax return is compulsory for all categories of persons except individuals/
HUF. An individual/ HUF is also required to e-file his income tax return except in one
situation where all the given below conditions are satisfied –
1. Audit is not required under section 44AB or under rule 12(2).
2. Return is furnished in ITR-1 or ITR-2.
3. Double taxation relief is not claimed under section 90, 90A or 91.
4. If an individual/ HUF is resident and ordinarily resident and he/ it does not have
assets (including financial interest in any entity located outside India, or signing
authority in any account located outside India or income from any source of outside
India).
5. Total income of individual/ HUF is Rs. 5,00,000 or less (not applicable for super
senior citizens).
6. Refund is not claimed in the return (not applicable for super senior citizens).
Any individual/ HUF who satisfies all the above conditions can file the return in electronic
mode or paper mode.
11.6 Summary
The chapter discusses some leading cases of Supreme Court on taxation. The chapter also
discusses the provisions related to filing of income tax return. Further, numerical questions
discussed in the chapter uses all the concepts used in the previous chapters.
Problem 1 –
Z is a public relationship officer of M/s. A Ltd. in Gurgaon. He has furnished the following
details of his income for the year ended 31-3-2018:
217
1. Basic salary Rs. 30,000 p.m.
2. Dearness allowance (50% forms part of salary for retirement purposes)
Rs. 8,000 p.m.
3. Commission Rs. 3,000 p.m.
4. Entertainment allowance Rs. 800 p.m.
5. Transport allowance (actual expenditure incurred on commutation
between office and residence is Rs. 500 p.m. only) Rs. 1,800 p.m.
6. Employer company provided him with rent free accommodation for which the
company was required to pay Rs. 15,000 p.m.
7. He raised interest free loan of Rs. 20,000 on 1-4-2017 to purchase a motor cycle.
8. Employer reimbursed medical bills amounting to Rs. 20,000 during financial year
2017-18.
9. Company paid professional tax amounting to Rs. 2,500 on his behalf.
10. Company contributed Rs. 50,000 to his recognized provident fund account to which
he made similar contribution.
11. Received Rs. 20,000 as share of profit from a partnership firm.
12. Rs. 30,000 was credited to aforesaid provident fund account during 2017-18 @ 12%
p.a. by way of interest.
13. Dividend received from Tata Motors Ltd., an Indian company Rs. 10,000.
14. He paid LIC premium on the life policy (issued before April 1, 2012) of his major
married son amounting to Rs. 25,000 (sum assured: Rs. 1,00,000).
15. Donation to Prime Minister’s National Relief Fund: Rs. 10,000.
16. Donation paid to Government for promoting family planning: Rs. 80,000
Determine the taxable income and tax liability of Mr. Z for the assessment year 2018-19.
Solution:
Computation of total income of Mr. Z for the assessment year 2018-19:
DA 96,000
Commission 36,000
Entertainment allowance 9,600
Rent free accommodation 68,400
[4,56,000*15% = 68,400 or 1,80,000, whichever is lower])
Interest free loan Exempt
Reimbursement of medical expenditure (20,000 – 15,000) 5,000
Employee’s obligation met by employer 2,500
Employer’s contribution towards RPF (50,000 – 48,960) 1,040
Interest credited in RPF (30,000/12*2.5) 6,250
Less: Deduction under section 16(iii) – Professional tax 2,500
Net salary 5,84,690
Share of profit from a firm (PGBP) [exempt under section 10(2A)] Exempt
Dividend from Tata Motors Ltd. (IFOS)
[exempt under section 10(34)] Exempt
Deduction under section 80G (10,000 + 51,469) 61,649
218
Computation of tax:
Amount (Rs.)
Tax [5% (4,53,220 – 2,50,000)] 10,161
10,161
Add: Cess @ 3% 305
Working notes:
1. Salary for the purpose of Rent-free Accommodation here equals to 3,60,000 + 48,000
(50% of 96,000) + 36,000 + 9,600 + 2,400 = 4,56,000.
2. In case of interest free loan, it is not mentioned that whether this loan has been taken
from the employer or from outside (like relatives etc.). If we assume that loan is taken
from outside, there is no treatment of this point. If we assume that it is taken from the
employer, then it will be exempt because loan amount upto Rs. 20,000 in a year is not
taxable as perquisite.
3. Salary for the purpose of Recognised Provident Fund means Basic Salary + DA
(forming part) + Commission based on fixed percentage of turnover achieved by the
employee. Here, it is 3,60,000 + 48,000 = 4,08,000.
4. Dividend received from an Indian company till Rs. 10,00,000 per year is exempt in
the hands of shareholders under section 10(34). On such dividend, company declaring
such dividend has to pay CDT (Corporate Dividend Tax) @ 20.358%.
5. Limits for the purpose of donation for family planning is 10% of adjusted GTI i.e.
10% of (5,84,690 – 70,000) = 51,469. So, Rs. 51,469 is eligible and not Rs. 80,000.
Problem 2 –
X is employed with the Central Government with effect from June 10, 2013. His details of
incomes and investments for the previous year 2017-18 are as follows:
Amount (Rs.)
Income from salary (Rs. 80,000 per month) 9,60,000
Income from house property 40,000
He deposits Rs. 70,000 in public provident fund and pays Rs. 30,000 as tuition fees of his
daughter studying in a school in Delhi. He also contributes Rs. 20,000 towards pension fund
of LIC. He contributes 10% of his salary towards notified pension fund of the Central
Government. His employer also contributes an equivalent amount to his pension fund.
Compute his taxable income for the assessment year 2018-19.
Solution:
Particulars Amount (Rs. )
Salary 9,60,000
Contribution towards notified pension fund of Central Government
(10% of Rs. 9,60,000) 96,000
Taxable salary income 10,56,000
219
House property 40,000
Less: Deduction under section 80C, 80CCC and 80CCD(1) 1,50,000*
Deduction under section 80CCD(2) 96,000
Notes for calculation of deductions under section 80 –

80C : Rs. 70,000 + Rs. 30,000 = Rs. 1,00,000
80CCC : Rs. 20,000
80CCD(1) : Rs. 96,000 [Employees contribution]
Total deduction under section 80C, 80CCC and 80CCD(1) cannot exceed Rs.
1,50,000.
80CCD(2) : Rs. 96,000
Problem 3 –
Mrs. X is working with ABC Ltd. since 1st December 2014 in the pay scale of Rs. 40,000 – Rs.
1,000 – Rs. 65,000. She gets the following emoluments from the company during the previous
year 2017-18:
Amount (Rs.)
Dearness allowance (forming part of the salary) 24,000 per annum
Lunch allowance 6,000 per annum
Transport allowance 1,800 per month
She is provided with a car (1800 cc) along with the driver for official and private use with
effect from 1st February, 2018 as she stops getting transport allowance from that date. Entire
expenditure of the car and the driver is paid by the employer company. She pays Rs. 300 per
month to the employer for use of the car and driver.
The company also provides her a furnished house in Delhi with effect from 1st January, 2018
at a nominal rent of Rs. 600 per year. The house is taken by company on lease at a monthly
rent of Rs. 10,000. The furnishings are owned by the employer. They were bought on 1st
April, 2016 for Rs. 48,000 and their written down value on 1st April 2017 is Rs. 43,200.
Mrs. X contributes 15% of her salary (basic and dearness allowance) to recognised provident
fund to which her employer makes a matching contribution. She also deposits Rs. 30,000 with
LIC for maintenance of her dependent sister who is suffering from disability of more than
80%.
Her minor son gets a gift of Rs. 12,825 from his relatives on his birthday and Rs. 86,825 from
his friends and friends of his mother.
Compute net income and tax liability of Mrs. X for the assessment year 2018-19. Salary
becomes due on last day of each month.
Solution:
Computation of taxable income of Mrs. X for the assessment year 2018-19:
Basic salary (42,000*8 + 43,000*4) 5,08,000
Dearness allowance (forming part) 24,000
220
Lunch allowance 6,000
Car with driver (2,400 + 900)*2 6,600
Furnished flat
[30,000 or 20,505 (i.e., 15% of (43,000*3 + 2,000*3 + 500*3) =
1,36,500 + T.A. 200 = 1,36,700), whichever is lower]
+ Furniture 1,200 (48,000*10%*3/12)] 21,705
Employers contribution towards RPF 79,800
Less: Exempt [12% (5,08,000 + 24,000)] 63,840 15,960
Income from salary 5,84,265
Income of minor child (86,825 – 1,500) 85,325
Less: Deduction under section 80C [15% of (5,08,000 + 24,000)] 79,800
Deduction under section 80DD 1,25,000
Computation of tax:
Amount (Rs.)
Tax [5% (4,64,790 – 2,50,000)] 10,740
10,740
Add: Cess @ 3% 322
Working notes:
1. Calculation of basic salary:
Dec. 2014 to Nov. 2015: 40,000
Dec. 2015 to Nov. 2016: 41,000
Dec. 2016 to Nov. 2017: 42,000
Dec. 2017 to Nov. 2018: 43,000
2. Salary for the purpose of taxable of RPF includes basic, DA (forming part) and
commission based on fixed percentage of turnover achieved by the employee.
3. Gift from a relative is exempt from tax.
Problem 4 –
‘Z’ retired from Reserve Bank of India, a statutory corporation on June 30, 2017. At the time
of retirement his remuneration included:
a. Basic salary: Rs. 32,000 per month (annual increment of Rs. 4,000; given on 1-1-
2017)
b. Dearness allowance: 25% of basic salary (40% was part of retirements benefits)
c. Transport allowance: Rs. 5,000 per month
d. Entertainment allowance: Rs. 3,000 per month
e. Rent free accommodation owned by the employer at Delhi. It was furnished with a
cost of Rs. 80,000 incurred by the employer 5 years ago.
On retirement, his pension was fixed at Rs. 18,000 per month. 40% of the pension was
commuted by employer on 1-10-2017 and a sum of Rs. 5,40,000 was paid in lieu thereof. Z
also received a sum of Rs. 2,96,000 for unavailed leave of 222 days. He was entitled to a
221
leave of 36 days for each completed year of service. Total service period of Z was 28 years
and 9 months. After retirement ‘Z’ went back to his home town Assam and occupied his own
house. The employer gave him five tickets of ‘Air India’ flight, each worth Rs. 23,000. The
tickets were meant for ‘Z’, his wife and three children (one of the child was eight years old).
Besides, the income from employment, ‘Z’ reported the following income:
a. Long term capital gains: Rs. 80,000
b. Gifts from friends on the occasion of retirement: Rs. 1,32,000
c. Gifts from relatives: Rs. 93,000
d. Income of minor child: Rs. 19,500
He invested Rs. 70,000 in PPF and Rs. 40,000 in Kisan Vikas Patra. Compute the total
income and tax liability ‘Z’ for the assessment year 2018-19.
Solution:
Computation of net taxable income of Z for the assessment year 2018-19:
Particulars Rs. Amount (Rs.)
Basic salary [32,000*3] 96,000
DA [8,000*3] 24,000
TA [5,000*3] 15,000
Less: Exempt [1,600*3] 4,800 10,200
Entertainment allowance [3,000*3] 9,000
RFA [3*{15% of (32,000+3,200+3,400+3,000)}] 18,720
Add: Furniture [80,000*10%*3/12] 2,000 20,720
LTC – one Child 23,000
Uncommuted pension [18,000*3 + (10,800*6)] 1,18,800
Commuted pension 5,40,000
Less: Fully exempt for statutory employee 5,40,000 Nil
Leave salary 2,96,000
Less: Exempt 60,192 2,35,808
Entertainment allowance Nil
Net salary 5,37,528
LTCG 80,000
Gift 1,32,000
Minor’s income [19,500 – 1,500 under section 10(32)] 18,000 1,50,000
Computation of tax:
Amount (Rs.)
LTCG [80,000*20%] 16,000
Remaining income
[10,000 + 20% (6,17,530 – 5,00,000)] 33,506
49,506
Add: Cess @ 3% 1,485
222
Working note for calculation of leave salary:
Leave allowed legally [28*30] = 840
Less: Leave availed [(28*36) - 222] = 786
Leave at the credit = 54
Salary [January to June] = 32,000 + 3,200 per month

Salary [September to December] = 28,000 + 2,800 per month
10 months’ salary = 3,34,400 [(35,200*6) + (30,800*4)]
Average monthly salary = 33,440

a. 2,96,000
b. 3,34,440 [10*33,440]
c. 3,00,000
d. 60,192 [33,440/30*54]
Problem 5 –
B (age: 56 years) receives the following incomes from ABC Ltd. during the year ending
March 31, 2018:
i. Salary @ Rs. 65,000 p.m.
ii. Tiffin allowance (actual expenditure: Rs. 20,000) @ 2,000 p.m.
iii. Reimbursement of medical expenditure for the treatment of ‘B’ and his family
members Rs. 35,000.
iv. Transport allowance @ Rs. 1,800 p.m. (actual expenditure: Rs. 14,000).
v. Unfurnished flat provided at Meerut at a nominal rent of Rs. 6,000 p.m. (rent paid by
the employer: Rs. 18,000 p.m.).
vi. Employer company sells the following assets to ‘B’ on January 10, 2018:
Assets sold Car Computer Fridge
Cost of asset to the employer (Rs.) 4,00,000 60,000 20,000
Date of purchase
(put to use on the same day) 10/06/2015 12/07/2014 05/04/2015
Sale price (Rs.) 2,00,000 8,000 10,000
vii. On October 1, 2017, the company gives its music system to him for domestic use.
Ownership is not transferred. Cost of music system (in 2014) to the employer is Rs.
15,000.
viii. He has contributed 18% of his salary to RPF account to which his employer made a
matching contribution. Interest @ 12.5% p.a. amounting to Rs. 50,000 has been
credited to the aforesaid RPF account during the previous year on December 10,
2017.
ix. He donated Rs. 18,000 to National Defence Fund.
Determine the total income of ‘B’ for the assessment year 2018-19. Also, compute his tax
liability.
Solution:
Computation of total income of B for the assessment year 2018-19:
Tiffin allowance (fully taxable) 24,000
Medical reimbursement (35,000 – 15,000) 20,000
223
Accommodation at concessional rent
[15% of (7,80,000 + 24,000 + 2,400) or 2,16,000 whichever is lower
i.e., 1,20,960 – rent recovered i.e., 6,000*12 = 72,000] 48,960
Sale of movable asset (56,000 + Nil + 6,000) 62,000
Use of movable asset (15,000*10%*6/12) 750
Contribution towards RPF (6% of 7,80,000) 46,800
Interest credited (50,000/12.5*3) 12,000
Net salary 9,96,910
Less: Deduction under section 80C (18% of 7,80,000) 1,40,400
Computation of tax:
Amount (Rs.)
Tax on Rs. 8,38,510 [12,500 + 20% (8,38,510 – 5,00,000)] 80,202
Add: Cess @ 3% 2,406
Tax Payable (Rounded off) 82,610
Working note for the perquisite of sale of movable assets:

Particulars Car (Rs.) Computer Fridge (Rs.)
(Rs.)
Actual cost [June 10, 2015, July 12, 2014 4,00,000 60,000 20,000
and April 5, 2015]
WDV [June 10, 2016, July 12, 2015 3,20,000 30,000 18,000
and April 5, 2016]
WDV [June 10, 2017, July 12, 2016 2,56,000 15,000 16,000
and April 5, 2017]
Less: Normal wear and tear (year 3) ---- 7,500 ----
WDV in the beginning of year 4 ---- 7,500 ----
Taxable value 56,000 Nil 6,000
Problem 6 –
Z is an individual (100% visually impaired). He is a working as a manager in a company at
Mumbai. He has furnished the following details of his income for the year ended 31st March,
2018:
i. Basic Salary Rs. 50,000 p.m.
ii. Dearness Allowance Rs. 10,000 p.m. (50% forms part of salary for retirement
purpose).
iii. Commission Rs. 5,000 p.m.
iv. Entertainment Allowance Rs. 2,500 p.m.
224
v. Transport Allowance Rs. 3,600 p.m. (expenditure incurred on commuting between
office and residence is Rs. 1,000 only).
vi. Employer company provided him with an accommodation free of rent for which the
company paid rent of Rs. 10,000 p.m.
vii. His employer provided him an interest free loan of Rs. 20,000 to purchase one LED.
viii. Company paid professional tax of Rs. 2,000 on his behalf.
ix. Company contributed Rs. 8,000 towards his RPF account to which he made a
matching contribution.
x. Rs. 52,000 was credited to the aforesaid account during 2017-18 @ 13% per annum
by way of interest.
xi. Received Rs. 30,000 as share of profit from a partnership firm.
xii. Received a dividend of Rs. 5,000 from an Indian company.
xiii. He paid LIC premium on the life of his married daughter Rs. 30,000 (sum assured:
Rs. 1,00,000).
xiv. Donation to Prime Minister's National Relief Fund Rs. 20,000.
xv. Donation paid to Government of India for promotion of Family Planning Rs. 80,000.
xvi. Paid medical insurance premium on his wife's health Rs. 25,000.
Compute the total income and tax liability of Z for the assessment year 2018-19.
Solution:
Computation of total income of Mr. Z for the assessment year 2018-19:
DA 1,20,000
Commission 60,000
Entertainment allowance 30,000
Rent free accommodation 1,13,220
(7,54,800*15% = 1,13,220 or 1,20,000, whichever is less)
Interest free loan Exempt
Employee’s obligation met by employer 2,000
Employer’s contribution towards RPF (8,000 – 12% of 6,60,000) Nil
Interest credited in RPF (52,000/13*3.5) 14,000
Less: Deduction under section 16(iii) – Professional tax 2,000
Net salary 9,42,020
Share of profit from a firm (PGBP) [exempt under section 10(2A)] Exempt
Dividend from an Indian Company (IFOS)
[exempt under section 10(34)] Exempt
Deduction under section 80D 25,000
Deduction under section 80G (20,000 + 76,402) 96,402
Deduction under section 80U 1,25,000
225
Computation of tax:
Amount (Rs.)
Tax [12,500 + 20% (6,67,620 – 5,00,000)] 46,024
46,024
Add: Cess @ 3% 1,381
Working notes:
1. Salary for the purpose of Rent Free Accommodation here equals to 6,00,000 + 60,000
(50% of 1,20,000) + 60,000 + 30,000 + 4,800 = 7,54,800.
2. Perquisite of interest free loan is exempt because loan amount upto Rs. 20,000 in a
year is not taxable.
3. Salary for the purpose of Recognised Provident Fund means Basic Salary + DA
(forming part) + Commission based on fixed percentage of turnover achieved by the
employee. Here, it is 6,00,000 + 60,000 = 6,60,000.
4. Dividend received from an Indian company till Rs. 10,00,000 per year is exempt in
the hands of shareholders under section 10(34). On such dividend, company declaring
such dividend has to pay CDT (Corporate Dividend Tax) @ 20.358%.
5. It is assumed that the life insurance policy of his daughter has been taken before April
1, 2012. In such a case, eligible deduction under section 80C is actual premium paid
or 20% of sum assured whichever is less.
6. Limits for the purpose of donation for family planning is 10% of adjusted GTI i.e.
10% of (9,42,020 – 28,000 – 25,000 – 1,25,000) = 76,402. So Rs. 76,402 is eligible
and not Rs. 80,000. This donation is eligible for 100% exemption.
Problem 7 –
From the following details, find out the net income and tax liability of Mr. X for the
assessment year 2018-19:
Mr. X was appointed as Accounts Officer by A Ltd. on 1st February 2017 in the scale of Rs.
50,000 – Rs. 5,000 – Rs. 70,000. DA is paid @ 15% of basic pay (it forms part of salary for
retirement benefits) and bonus equal to 2 months basic pay. He contributes Rs. 1,10,000 to
his RPF. The employer company also contributes the same amount. He is provided with RFA
in Mumbai which has been taken on rent by the company at Rs. 20,000 per month. He is also
provided with the following facilities:
a. The company reimbursed the medical treatment bill of Rs. 80,000 of his daughter who
is dependent on him.
b. Monthly salary of Rs. 4,000 of the domestic servant is reimbursed by company.
c. He is getting telephone allowance of Rs. 2,000 per month.
d. A wrist watch costing Rs. 4,900 was gifted on the occasion of his marriage
anniversary.
e. The company paid Rs. 20,000 by way of medical insurance premium on the health of
Mr. X.
226
f. Running and maintenance expenses of the motor car (owned by Mr. X) amounting to
Rs. 70,000 were met by the company. The car is used for both official and personal
purposes. Its cubic capacity is 1,800 cc.
g. Cost of free lunch @ 100 for 300 days.
Details of his other incomes and investments, etc. are:
a. Interest on saving bank account maintained with PNB: Rs. 15,000.
b. Winnings from Nagaland lottery (net): Rs. 70,000.
c. He donated Rs. 10,000 to PM National Relief Fund.
Assume salary falls due on last day of the month.
Solution:
Basic salary (50,000*10 + 55,000*2) 6,10,000
DA @ 15% (forming part) 91,500
Bonus (55,000*2) – W.N. 1,10,000
Employers contribution in RPF [1,10,000 – 12% of 7,01,500] 25,820
RFA [15% of (6,10,000 + 91,500 + 1,10,000 + 24,000) or 2,40,000, 1,25,325
whichever is less]
Reimbursement of medical bill (assuming treatment has been availed 65,000
in any hospital/ private clinic other than the Government hospital or
hospital run or maintained by employer, etc.) [80,000 – 15,000]
Domestic servant 48,000
Telephone allowance 24,000
Wrist watch (exempt up to Rs. 5,000) Exempt
Medical premium Exempt
Car (70,000 – 2400*12) 41,200
Free lunch (100-50)*300 15,000
Gross/ Net salary 11,55,845
Interest 15,000
Lottery (70,000/.70) 1,00,000
GTI 12,70,845
Less: Deductions:
80C (RPF) 1,10,000
80G 10,000
80TTA 10,000
Computation of tax:
Amount (Rs.)
Tax on lottery @ 30% 30,000
Tax on remaining income of Rs. 10,40,850 1,24,755
1,54,755
Add: Cess @ 3% 4,643
1,59,398
Less: Prepaid tax 30,000
Tax Payable 1,29,400
227
Working notes:
In this case, it is assumed that 2 months basic pay payable as bonus is based on latest month
salary i.e., based on salary of March 2018.
However, any of the following 2 assumptions are also correct –
a. It can also be assumed that 2 months basic pay payable as bonus is based on average
salary of 2017-18, in such a case, bonus becomes 1/6th of 6,10,000 i.e., Rs. 1,01,667
and thus, other items will change accordingly.
b. It can also be assumed that 2 months basic pay payable as bonus is based on
beginning month salary i.e., April 2017, in such a case, bonus becomes 2*50,000 i.e.,
Rs. 1,00,000 and thus, other items will change accordingly.
Problem 8 –
X (64 Years) is a director of A Ltd. since 1982. He gets Rs. 1,10,000 per month as salary (up
to September 30, 2017, it was Rs. 1,00,000 per month) and Rs. 3,000 per month as bonus. He
owns a car which is used by him for official and personal purposes. The entire expenditure of
car and driver of Rs. 1,95,000 is borne by the company. As per logbook of the car, 70% of the
expenditure is attributable towards official use of the car. Company reimburses Rs. 20,200
on account of personal telephone bills and Rs. 8,000 on account of personal water bills
during the financial year 2017-18. The company contributed 15% of salary towards
recognized provident fund (X also made equal contribution) and credited Rs. 60,000 as
interest @ 15% on Dec. 1, 2017.
X retired from the company on March 31, 2018 and gets a gratuity of Rs. 12,00,000 (the
employee is not covered under Payment of Gratuity Act). After retirement he gets a fixed
pension of Rs. 10,000 per month. Assuming that income of X from other sources is Rs.
2,38,000 (including bank deposit interest Rs. 25,000 from saving bank of Punjab National
Bank). Find out his taxable income and tax payable for the assessment year 2018-19.
Solution:
Basic salary (1,00,000*6 + 1,10,000*6) 12,60,000
Bonus (3,000*12) 36,000
Car [1,95,000 – official (2400*12 + 900*12 = 39,600 or 70% of 58,500
1,95,000, whichever is higher)] i.e., [1,95,000 – 1,36,500]
Telephone Exempt
Water bills 8,000
Employers contribution in RPF [3% of 12,60,000] 37,800
Interest credited [60,000/15*5.5] 22,000
Gratuity – W. N. (2) 2,00,000
Gross/ Net salary 16,22,300
Interest 2,38,000
GTI 18,60,300
Less: Deductions:
80C (RPF – 15% of 12,60,000) 1,50,000*
80TTA 10,000
228
Computation of tax:
Amount (Rs.)
Tax [1,10,000 + 30% (17,00,300 – 10,00,000)] 3,20,090
Add: Cess @ 3% 9,603
Tax Payable (Rounded off) 3,29,690
Working notes:
1. It is assumed that cubic capacity of car is more than 1.6 litres.
2. Out of Rs. 12,00,000 received as gratuity (non-Government employee not covered

under Payment of Gratuity Act, 1972), least of the following is exempt from tax:
a. Gratuity actually received i.e., Rs. 12,00,000
b. Exemption limit i.e., Rs. 10,00,000
c. Half month salary based on completed year of service i.e., Rs. 18,90,000 (Rs.
1,05,000/2*36)
Rs. 10,00,000, being the least is exempt from tax.

Taxable amount is Rs. 2,00,000 (Rs. 12,00,000 – Rs. 10,00,000)
Calculation of salary [May 2017 to Feb. 2018]:

Basic salary (1,00,000*5 + 1,10,000*5) Rs. 10,50,000
Add: DA (forming part) Nil
Add: Commission based on fixed percentage Nil
Salary Rs. 10,50,000
Average monthly salary [10,50,000/10] Rs. 1,05,000
3. Pension will be taxable w.e.f. April 1, 2018.
229
LESSON 12
PARTNERSHIP FIRMS
12.1 Introduction
12.2 Scheme of taxation of partnership firms
12.3 When remuneration/ interest is deductible
12.5 Summary
12.6 Exercise
12.1 Introduction
This chapter discusses the assessment of firm and partners. Section 4 of the Indian
Partnership Act, 1932 defines partnership as “relationship between persons who have agreed
to share the profits of a business carried on by all or any of them acting for all”.
12.2 Scheme of taxation of partnership firms
1. Any salary, bonus, commission or remuneration (by whatever name called), paid/
payable to partners is allowed as deduction to the firm subject to some restrictions in
the hands of firm. The amount which is allowed as deduction to the firm is taxable in
the hands of partners.
2. The firm can claim deduction in respect of interest paid to the partners subject to a
maximum of 12% p.a. This amount of interest, allowed as deduction in the hands of
the firm, is taxable in the hands of partners.
3. The income of the firm is taxed at a flat rate of 30% plus surcharge @ 12% (if taxable
income is more than Rs. 1 crore) plus cess @ 3%.
12.3 When remuneration/ interest is deductible
Payment of remuneration and interest is deductible if the following conditions are satisfied –
1. Conditions of section 184; and
2. Conditions of section 40(b)
In other words, it can be said that if conditions of section 184 and 40(b) are not satisfied, then
nothing is deductible in the hands of firm on account of payment of salary and interest to
partners.
Optional to claim deduction on account of interest on capital and remuneration to partners –

Even if conditions of section 184 and 40(b) are satisfied, the assessee-firm may or may not
claim the deduction in respect of payment of remuneration and interest to partners. In other
words, the Assessing Officer cannot enforce deduction of remuneration and interest to
partners, if the firm does not want to claim this deduction.
230
Conditions of section 184
The five conditions which a firm has to satisfy under section 184 are as under:
1. A firm must be evidenced by an “instrument” (i.e., partnership deed).
2. Individual share of partners in profits of the partnership firm must be specified in such
instrument or partnership deed.
3. Certified copy of the instrument should be submitted. It should be certified in writing

by all the partners (other than minors).
4. Revised instrument should be submitted whenever there is change in the constitution

of firm/ profit-sharing ratio. It is to be noted that even if there is a change in
remuneration/ payment of interest to partners but there is no change in profit-sharing
ratio, a copy of revised instrument should be submitted.
5. There should not be any failure as is mentioned in section 144 [Best Judgement
Assessment].
Conditions for claiming deduction of remuneration of partners under section 40(b)

1. Remuneration should be paid/ payable only to a working partner. For this purpose, a
“working partner” means an individual who is actively engaged in conducting the
affairs of the business or profession of the firm of which he is a partner.
2. Remuneration must be authorised by partnership deed and it should also be in

accordance with the terms of partnership deed.
3. Remuneration should not pertain to the period prior to partnership deed.
4. Remuneration should not exceed the permissible limit:

If the above three conditions are satisfied, remuneration to partners is allowable as
deduction in the hands of the firm. However, the maximum amount of such payment
to all the partners during the previous year should not exceed the limits given below –
a. If book profit is negative:
Rs. 1,50,000
b. If book profit is positive:
- On first Rs. 3,00,000 of book profit, Rs. 1,50,000 or 90% of book
profit, whichever is more
- On remaining balance of book profit, 60% of book profit
Computation of book profits

“Book profit” means net profit of the firm as per profit and loss account after every
adjustment as per sections 28 to 44DB but before deducting remuneration to partners.
Notes –
1. Income chargeable under the heads “House property”, “Capital gains” and “Income
from other sources” is not part of “book profit”.
2. Brought forward business losses are not to be deducted from “book profit”. However,
brought forward unabsorbed depreciation can be deducted from “book profit”.
231
3. Deductions under section 80C to 80U shall be ignored for computing “book profit”.
Conditions for claiming deduction of interest to partners under section 40(b)

1. Payment of interest must be authorised by the partnership deed and it should also be
in accordance with the terms of partnership deed.
2. Interest should not pertain to the period prior to partnership deed.
3. Rate of interest should not exceed simple interest @ 12% p.a.
Notes –
a. If interest payable exceeds simple interest @ 12% p.a., then the excess amount is not
deductible.
b. Where an individual is a partner in a firm on behalf of (or for the benefit of) any other
person, interest paid by the firm to such individual (otherwise than as partner in a
representative capacity) is not taken into account, for the purposes of section 40(b).
For example, X is a partner in a firm on behalf of his HUF. He has given a loan of Rs.
1,00,000 in his personal capacity @ 14% to the firm. The HUF has also given a loan
(or capital contribution) of Rs. 4,00,000 @ 14%.
In this case, Rs. 14,000 (being interest @ 14% on Rs. 1,00,000) paid to X in his
personal capacity is deductible without applying the provisions of section 40(b).
However, interest of Rs. 56,000 paid to X for the benefit of HUF will be governed by
section 40(b).
c. Where a firm pays as well as receives interest from the same partner, interest received
by the firm will be chargeable to tax in the hands of firm. Interest paid to the same
partner will be allowed within the four-corners of section 40(b).
d. The above provisions are not applicable in respect of interest paid to a person before
becoming partner.
1. A firm can claim deductions under the following sections from its gross total income:
section 80G, 80GGA, 80GGC, 80-IA, 80-IAB, 80-IB, 80-IC, 80-ID, 80-IE and 80JJA.
2. Share of profit received by a partner (including a minor admitted for the benefit of the
firm) from the firm is exempt from tax under section 10(2A).
3. Remuneration and interest received from the firm by the partners is taxable under the
head “Profits and gains of business or profession” in their individual hands.
4. The amount of remuneration which is allowed as deduction to the firm is taxable in

the hands of partners in the ratio of remuneration of partnership deed.
5. Any expenditure incurred by the partner in order to earn salary/ interest income can be
claimed as a deduction under sections 30 to 37 from such income.
232
12.5 Summary
This topic discussed the computation of income under the head “profits and gains from
business or profession” in case of a partnership firm. All the provisions of “profits and gains
from business or profession” as discussed earlier in that chapter are applicable with two new
provisions related to remuneration and interest on capital paid to partners. To attempt
questions on computation of income of partnership firm, clear understanding of provisions of
chapter “profits and gains from business or profession” is required.
Problem 1 –
X and Y are two partners (2:1) of XY Co., a firm of lawyers. The income and expenditure
account of M/S XY Co. for the year ending March 31, 2018 is as follows:
Rs. Rs.
Rent of chamber 8,00,000 Receipt from clients 23,31,000
Office expenses 3,00,000 Long-term capital gain 40,000
Salary to staff 3,89,800
Depreciation 80,000
Remuneration to partners:
X 2,00,000
Y 1,60,000
Interest on capital to partners
@ 18%:
X 36,000
Y 25,200
Other expenses 3,70,000
Net income 10,000
23,71,000 23,71,000
Other information:
a. Firm fulfils the conditions of section 184.
b. Included in other expenses is an amount of Rs. 10,000 by way of wealth tax.
c. Depreciation allowable under section 32 is Rs. 78,000.
d. Salary and interest is paid to partners as per partnership deed.
Income and investment of X and Y are as follows:
X (Rs.) Y (Rs.)
Interest on company deposits 74,000 50,800
Dividend from foreign companies 7,000 11,000
Long-term capital gains 80,000 20,000
Short-term capital gains 3,000 (6,000)
Winnings from lotteries (Gross) 4,000 10,000
Contribution towards Home Loan account of
the National Housing Bank 40,000 60,000
233
Find out the net income and tax liability of firm and partners for the assessment year 2018-
19.
Solution:
Computation of net taxable income of the firm:
Amount (Rs.)
Net profit as per profit and loss account 10,000
Wealth tax 10,000
Excess depreciation written off (80,000 – 78,000) 2,000
Interest paid to partners in excess of 12% p.a. 20,400
Remuneration to partners 3,60,000
4,02,400
Less: Long term capital gains 40,000
Book Profit (B/P) 3,62,400
Less: Remuneration to partners
[On 1st Rs. 3,00,000 of B/P, 90% 2,70,000
On remaining balance of Rs. 62,400, 60% 37,440
3,07,440
OR
Remuneration as per deed, whichever is less 3,60,000 3,07,440
Business income 54,960
Add: Long term capital gains 40,000
Gross total income 94,960
Less: Deduction under section chapter VIA Nil
Net taxable income 94,960
Tax on LTCG (40,000*20%) 8,000

Tax on remaining income (54,960*30%) 16,488
24,488
Add: Cess @ 3% 735
Total tax (Rounded off) 25,220
Profit after tax of Rs. 69,740 (94,960 – 25,220) will be distributed to partners in the
ratio of 2:1.
Computation of income and tax liability of partners:

X (Rs.) Y (Rs.)
PGBP:
Interest 24,000 16,800
Remuneration (Rs. 3,07,440 in the ratio of 20:16) 1,70,800 1,36,640
Share of profit [exempt under section 10(2A)] Exempt Exempt
Business income 1,94,800 1,53,440
Capital gain:
Long term capital gain 80,000 20,000
Short term capital gain 3,000 (6,000)
Interest on company deposits 74,000 50,800
234
Winnings from lotteries 4,000 10,000
Gross total income 3,62,800 2,39,240
Net taxable income 3,22,800 1,79,240
Tax on LTCG [(80,000 – 7,200 = 72,800)*20%]; 14,560 Nil

(14,000 – 14,000 shifted to other income)
[Concept of Relief available for residential individuals on
LTCG and STCG under section 111A is applied]
Tax on Lottery (4,000*30%); (10,000*30%) 1,200 3,000
Tax on remaining income Nil Nil
15,760 3,000
Less: Rebate under section 87A 2,500 2,500
13,260 500
Add: Cess @ 3% 398 15
Total tax payable (Rounded off) 13,660 520
Problem 2 –
The following is the profit and loss account of M/S ABC & Co., a partnership firm assessed
as such (PFAS) for the year ended 31.03.2018:
Rs. Rs.
Cost of goods sold 6,71,500 Sales 19,20,500
Interest on capital to partners Long term capital gains 55,000
@ 20%: (computed)
A 43,000
B 70,000
C 4,000
Remuneration to partners: Other business receipts 1,00,000
A 1,02,000
B 60,000
C 72,000
Salary to staff 6,02,500 Net loss 9,750
Income tax 55,000
Depreciation 1,35,250
20,85,250 20,85,250
Other relevant information:

a. Salary and interest are paid to partners as per partnership deed.
b. Depreciation admissible under section 32 is Rs. 1,20,000.
c. On November 15, 2017 firm paid Rs. 20,000, being sales tax liability pertaining to the
d. Both opening and closing stock amounting to Rs. 81,000 and Rs. 90,000 respectively
are undervalued by 10%.
e. Included in salary to staff a sum of Rs. 1,50,000 paid as salary to A’s son who is an
M.B.A. and was serving another concern for Rs. 1,25,000 p.a.
f. Other expenses included a sum of Rs. 30,000 given as donation to an approved
charitable trust.
235
g. Income and investment of A, B and C for the previous year 2017-18 are:
A (Rs.) B (Rs.) C (Rs.)
Interest on bank deposit (gross) 2,00,000 2,10,000 2,20,000
Dividend from Indian companies 30,000 25,000 50,000
Contribution to PPF 60,000 40,000 65,000
Find out the net income and tax liability of the firm and partners or the assessment year
2018-19.
Solution:
Amount (Rs.)
Net profit as per profit and loss account (9,750)
Excess depreciation written off (1,35,250 – 1,20,000) 15,250
Payment to relative unreasonable [Section 40A(2)] 25,000
Donation 30,000
Income tax 55,000
Interest to partners in excess of 12% p.a. (1,17,000 – 70,200) 46,800
3,96,300
Add: Undervaluation of closing stock (90,000/90*10) 10,000
4,06,300
Less: O/S sales tax paid (related to previous year 2016-17) 20,000
Long term capital gain 55,000
3,31,300
Less: Undervaluation of opening stock (81,000/90*10) 9,000
Book profits 3,22,300
[On 1st Rs. 3,00,000 of B/P, 90% or 1,50,000
whichever is more 2,70,000
On remaining balance, 60% 13,380
2,83,380
OR
Remuneration as per deed 2,34,000
Whichever is less 2,34,000
Add: LTCG 55,000
Less: Deduction under section 80G
50% of 10% of AGTI i.e., 50% of 8,300 4,415
Tax on LTCG (55,000*20%) 11,000

36,160
Add: Cess @ 3% 1,085
236
Profit after tax of Rs. 1,01,640 (1,38,890 – 37,250) will be distributed to partners in profit
sharing ratio.

A (Rs.) B (Rs.) C (Rs.)
PGBP:
Interest @ 12% 25,800 42,000 2,400
Remuneration as per partnership deed 1,02,000 60,000 72,000
Share of profit [exempt under section 10(2A)] Exempt Exempt Exempt
Business income 1,27,800 1,02,000 74,400
Dividend from Indian companies Exempt Exempt Exempt
[exempt under section 10(34)]
Interest on bank deposits 2,00,000 2,10,000 2,20,000
Gross total income 3,27,800 3,12,000 2,94,400
Less: Deduction under section 80C 60,000 40,000 65,000
Tax including cess Nil Nil Nil
Problem 3 –
X and Mrs. Y are equal partners of a partnership firm XY and Co., engaged in manufacturing
business. From the profit and loss account of the firm given ahead, find out the net income
and tax payable by the firm and the partners for the assessment year 2018-19:
Profit and loss account for the year ending March 2018
Particulars Amount (Rs.) Particulars Amount (Rs.)
Salary to staff 5,80,000 Long-term capital gains 1,00,000
(computed)
Wealth tax 50,000 Income from lottery (net) 35,000
Depreciation 1,20,000 Other business receipts 2,00,000
Fess for technical services 30,000
X 1,40,000
Mrs. Y 70,000
Interest on capital @ 20%:
X 43,000
Mrs. Y 70,000
Medical insurance premium
on the health of Mrs. X 8,000
Net profit 1,24,000
19,35,000 19,35,000
Additional information:
1. Salary and interest to partners are paid as per the partnership deed.
2. Depreciation as per section 32 is Rs. 1,00,000.
3. Firm has paid bonus of Rs. 20,200 to employees relating to financial year 2016-17 on
15.12.2017.
237
4. Fess for technical services is paid outside India. Tax should have been deducted on
this on July 31, 2017. Though tax has been deducted on July 31, 2017, it has been
deposited with the Government on August 31, 2017.
5. Salary to staff includes salary to Mrs. X which is unreasonable to the extent of Rs.
10,000.
6. Other expenses include Rs. 50,000 as donation to an approved charitable institution
for the purpose of promoting family planning.
7. Income and investments of X and Mrs. X are as follows:
X (Rs.) Mrs. X (Rs.)
Interest on Government securities 10,000 15,000
Interest on listed commercial securities (net) 5,760 5,760
Income from house property (computed) 2,00,000 2,20,000
Dividends from Indian company 40,000 30,000
Contribution to public provident fund 50,000 60,000
Life insurance premium paid on the life of spouse 30,000 50,000
(sum assured: Rs. 2,00,000 and Rs. 2,10,000 respectively)
The firm complies with the conditions of section 184 and 40(b).
Solution:
Amount (Rs.)
Excess depreciation w/o (1,20,000 – 1,00,000) 20,000
Unreasonable salary 10,000
Donations 50,000
Wealth tax 50,000
Medical insurance premium [Health of Mrs. X] 8,000
Interest on capital [43,000/20*8; 70,000/20*8] 45,200 3,93,200
5,17,200
Less: Bonus to employees 20,200
Long term capital gain 1,00,000
Income from lottery (net) 35,000 1,55,200
Book Profit 3,62,000
[On first Rs. 3,00,000 of B/P, 90% 2,70,000
or 1,50,000 whichever is more 2,70,000
On remaining balance of Rs. 62,000, 60% 37,200
3,07,200
OR
Remuneration as per deed
[1,40,000 + 70,000 + 8,000] 2,18,000 2,18,000
Add: LTCG 1,00,000
Add: Lottery (Gross) [35,000/70*100] 50,000
100% of [50,000 or 10% of 1,94,000] 19,400
238
Tax on LTCG [1,00,000*20%] 20,000

Tax on Lottery [50,000*30%] 15,000
Tax on remaining income [1,24,600*30%] 37,380
72,380
Add: Cess @ 3% 2,171
Tax liability 74,551
Less: TDS 15,000
Tax Payable (Rounded off) 59,550
Profit after tax of 2,15,050 (2,74,600 – 59,550) will be distributed amongst partners in equal
profit sharing ratio.
Computation of income of partners

X (Rs.) Mrs. Y (Rs.)
PGBP:
Interest [43,000/20*12; 70,000/20*12] 25,800 42,000
Remuneration from firm 1,40,000 78,000
Income from house property 2,00,000 2,20,000
Interest on Government Securities 10,000 15,000
Interest on listed commercial securities (Gross) 6,400 6,400
[5,760/100*90]
Dividend from Indian company Exempt Exempt
Less: Deduction under section 80C
[50,000 + 30,000; 60,000 + 42,000] 80,000 1,02,000
Deduction under section 80D ---- 8,000
Net taxable income 3,02,200 2,51,400
Tax 2,610 70
Less: Rebate under section 87A 2,500 70
110 Nil
Add: Cess @ 3% 3 Nil
113 Nil
Less: TDS 640 640
Tax Payable (Rounded off) (530) (640)
Working note for payment of technical fees:

Here tax has been deducted and deposited in the previous year 2017-18 itself. So, the
expenditure is an allowable deduction.
Problem 4 –
“Awesome Three”, a firm of civil engineers is into the business of providing complete home
solutions. ‘X’, ‘Y’ and ‘Z’ are three partners and the firm follow cash system of accounting.
For the previous year 2017-18, the “Receipt and Payment Account” is as follows:
Particulars Amount (Rs.) Particulars Amount (Rs.)
To balance b/d 2,00,000 By Office rent paid to ‘Z’ 3,00,000
239
To Contract charges: By Salaries of staff 2,30,000
2017-18 8,00,000
2018-19 3,00,000
2019-20 2,00,000
To Interior decoration 8,40,000 By Donation to Delhi 1,00,000
charges University
To Sale of preference 9,00,000 By Purchase of materials for 4,30,000
shares (indexed cost being interior decoration
Rs. 5,20,000)
To Interest on drawings: By Purchase of air- 90,000
‘X’ 14,000 conditioner for office on
‘Y’ 16,000 01.11.2017
To Dividend from an Indian 30,000 By Interest to partners @
company 16%:
‘X’ 1,60,000
‘Y’ 2,40,000
‘Z’ 1,44,000
To Sale of old books on By Sundry expenses 1,40,000
08.10.2017 40,000
By Balance c/d 15,06,000
33,40,000 33,40,000
You are further informed:

a. Service tax of Rs. 5,40,000 was paid on 16.07.2018.
b. Donation to Delhi University was given for scientific research.
c. Purchase of materials for interior decoration included a bill of Rs. 40,000 paid by
cash.
d. Mr. ‘Z’ had let out his personal building to the firm which was used as office by the
firm.
e. Outstanding fees from clients for previous year 2016-17 were Rs. 1,90,000.
f. WDV of the block of books on 01.04.2017 was Rs. 25,000.
g. WDV of the block of plant and machinery (ROD: 15%) on 01.04.2017 was Rs.
4,40,000.
h. The firm paid remuneration of Rs. 6,00,000 each to the three partners. This is not
shown in the Receipts and Payments account. The payment of remuneration as well as
interest to partners is as per partnership deed.
i. The firm is carrying forward business losses of Rs. 2,40,000 of the assessment year
2016-17.
j. Due date of filling return of income for the firm is 30.09.2018.
Compute the total income and tax liability of firm for the assessment year 2018-19. Also
determine the total income of ‘X’, ‘Y’ and ‘Z’.
Solution:
Computation of income of firm for the assessment year 2018-19:
Amount (Rs.)
Aggregate Receipts:
Contract charges [8,00,000 + 3,00,000 + 2,00,000] 13,00,000
Interior decoration charges 8,40,000
Interest on drawings [14,000 + 16,000] 30,000
21,70,000
240
Less: Expenses:
Office rent paid to Z 3,25,000
Salaries 2,30,000
Donation for SR [1,00,000*150%] 1,50,000
Purchase of materials [4,30,000 – 40,000] 3,90,000
Interest on capital @ 12%:
X 1,20,000
Y 1,80,000
Z 1,08,000 4,08,000
Sundry expenses 1,40,000
Depreciation on P&M 72,750
Service tax [not covered under section 43B] Nil 17,15,750
Book profit 4,54,250
Less: Remuneration to partners:
On 1st 3,00,000 of B/P, 90% = 2,70,000
On remaining 1,54,250, 60% = 92,550
3,62,550
OR
as per deed 18,00,000
Whichever is less 3,62,550
Less: B/F business losses 91,700*
Net business income Nil
LTCG [9,00,000 – 5,20,000] 3,80,000
STCG [40,000 – 25,000] [Sec. 50(1)] 15,000
Tax liability of firm:

LTCG [3,80,000*20%] 76,000
Other [15,000*30%] 4,500
80,500
Add: Cess @ 3% 2,415
The profit after tax of 3,12,080 [3,95,000 – 82,920] will be distributed amongst the partners
in profit sharing ratio.
Calculation of total income of partners:

Particulars X (Rs.) Y (Rs.) Z (Rs.)
Share of profit Exempt Exempt Exempt
Remuneration 1,20,850 1,20,850 1,20,850
Interest on capital 1,20,000 1,80,000 1,08,000
Business income 2,40,850 3,00,850 2,28,850
Rental income
[3,00,000 – 30% of 3,00,000] ---- ---- 2,10,000
241
Working notes:
1. Depreciation on P&M :
WDV on 01.04.2017 4,40,000
Add: Purchase 90,000
5,30,000
Less: Sale Nil
WDV on 31.03.2018 5,30,000
90,000*7.5% 6,750
4,40,000*15% 66,000
72,750
2. It is assumed that donation to Delhi University is for the purpose of research in

natural science where 150% of donation is allowed as deduction.
Problem 5 –
A partnership firm has two partners ‘A’ and ‘B’. They have contributed Rs. 6,00,000 each as
capital and Rs. 2,00,000 each as loan. Partnership deed allows payment of interest on loan
as well as capital @ 16% per annum and remuneration of Rs. 5,00,000 to each of the
partner.
If profits of the firm after paying interest but before deducting remuneration of partners are
Rs. 7,60,000, determine the total income of the firm for the assessment year 2018-19.
Solution:
Computation of business income of firm for the assessment year 2018-19:
Amount (Rs.)
Book profit 7,60,000
Add: Interest to partners:
A 1,28,000
B 1,28,000 2,56,000
10,16,000
Less: Interest to partners @ 12%:
A 96,000
B 96,000 1,92,000
Book Profit (Rectified) 8,24,000
Less: Remuneration to partners:
On 1st 3,00,000 of B/P, 90% 2,70,000
On remaining 5,24,000, @ 60% 3,14,400
5,84,400
OR
as per deed, whichever is less 10,00,000 5,84,400
Business income/ Total income 2,39,600
Problem 6 –
X and Y are two partners sharing in the ratio of 1:2. The firm is in the business of
manufacturing chemicals. The Profit and Loss account of the firm for the year ending
31.3.2018 is as follows:
Particulars Rs. Particulars Rs.
Salary to staff 1,89,800 Gross profit 10,00,000
Depreciation 80,000 LTCG 40,000
Remuneration to partners: Other business receipts 31,000
242
X 2,00,000
Y 1,60,000 3,60,000
Interest on capital:
X 36,000
Y 25,200 61,200
Net profit 10,000
10,71,000 10,71,000
Additional information:
i. The firm completed all legal formalities to get the status of "firm".
ii. The firm has given donation of Rs. 80,000 to a notified public charitable trust which
is included in other expenses.
iii. Salary and interest is paid to partners as per the partnership deed.
iv. Depreciation allowable under section 32 is Rs. 78,000.
v. Income and Investments of X and Y are as follows:
X (Rs.) Y (Rs.)
Interest on securities (Gross) 64,000 50,000
Dividend from Foreign Companies 7,000 11,000
Long-term Capital Gains 80,000 40,000
Contribution to PPF 40,000 60,000
Find out the taxable income and tax liability of the firm and partners for the assessment year
2018-19.
Solution:
Amount (Rs.)
Net profit as per profit and loss account 10,000
Donation to a charitable trust 80,000
4,52,000
[On 1st Rs. 3,00,000 of B/P, 90% 2,70,000
On remaining balance of Rs. 1,12,000, 60% 67,200
3,37,200
OR
Less: Deduction under section 80G [50% of 10% of 74,800] 3,740
Tax on LTCG (40,000*20%) 8,000
243
29,318
Add: Cess @ 3% 880
Profit after tax of Rs. 80,860 (1,11,060 – 30,200) will be distributed to partners in the
ratio of 2:1.

X (Rs.) Y (Rs.)
PGBP:
Interest 36,000 25,200
Capital gain:
Interest on securities 64,000 50,000
Net taxable income (Rounded off) 3,38,330 2,26,070
Tax on LTCG (80,000*20%) 16,000 Nil

Tax on LTCG (40,000 – 40,000 shifted to other income)
[Concept of Relief available for residential individuals on
LTCG and STCG under section 111A is applied]
Tax on Lottery (4,000*30%); (10,000*30%) 1,200 3,000
Tax on remaining income of Rs. 2,54,330 (3,38,330 –
80,000 – 4,000) 217 Nil
17,417 3,000
Less: Rebate under section 87A 2,500 2,500
14,917 500
Add: Cess @ 3% 448 15
Total tax payable (Rounded off) 15,360 520
Notes –
1. Interest paid to partners is assumed to be within the limits of 12% p.a.
2. Amount donated to charitable trust should not exceed 10% of adjusted GTI which is
calculated by deducting LTCG, STCG [Sec. 111A] and all deductions under chapter
VIA (except 80G) from GTI.
Thus, adjusted GTI = Rs. 74,800 [1,14,800 – 40,000]
3. In case of Y, since net income except LTCG (Rs. 1,86,070) is less than the exemption
limit of Rs. 2,50,000, shifting of LTCG is possible to the extent of Rs. 63,930 [Rs.
2,50,000 – Rs. 1,86,070].
244
Problem 7 –
X and Y are two partners (1:2) of X Co. a firm engaged in manufacturing chemicals. The
Profit and Loss account of the firm for the year ending 31.3.2018 is as follows:
Rs. Rs.
Salary to staff 8,89,800 LTCG 69,000
Depreciation 80,000 Other business receipts 31,000
X 3,00,000
Y 2,40,000 5,40,000
Interest on capital to partners
@ 18% per annum:
X 1,36,000
Y 54,200 1,90,200
Net profit 1,30,000
70,00,000 70,00,000
Additional information furnished by the firm:

i. The firm completed all legal formalities to get the status of "firm".
ii. The firm has given donation of Rs. 80,000 to a notified public charitable trust which
is included in other expenses.
iii. Salary and interest is paid to partners as per the partnership deed.
iv. Depreciation allowable under section 32 is Rs. 78,000.
v. Both opening and closing stock amounting to Rs. 81,000 and Rs. 90,000 respectively
are undervalued by 10%.
vi. Income and Investment of X and Y are as follows:
X (Rs.) Y (Rs.)
Interest on Company Deposit 64,000 50,800
Dividend from Foreign Companies 7,000 11,000
Long-term Capital Gains 80,000 50,000
Short-term Capital Gains 3,000 (6.000)
Contribution towards Home Loan A/c of the
National Housing Bank (NHB) 40,000 60,000
Find out the net income and tax liability of the firm and partners for the assessment year
2018-19.
Solution:
Amount (Rs.)
Donation to a charitable trust 80,000
Interest on capital @ 6% p.a.
X (1,36,000/18*6) 45,333
Y (54,200/18*6) 18,067 63,400
245
8,15,400
Add: Closing stock undervaluation [90,000/90*10] 10,000
Less: Opening stock undervaluation [81,000/90*10] 9,000
8,16,400
[On 1st Rs. 3,00,000 of B/P, 90% 2,70,000
On remaining balance of Rs. 4,47,400, 60% 2,68,440
5,38,440
OR
[50% of 10% (2,77,960 – 69,000] 10,448
Tax on LTCG (69,000*20%) 13,800

Tax on remaining income (1,98,510*30%) 59,553
73,353
Add: Cess @ 3% 2,201
Profit after tax of Rs. 1,91,960 (2,67,510 – 75,550) will be distributed to partners in
the ratio of 2:1.

X (Rs.) Y (Rs.)
PGBP:
Interest 90,667 36,133
Capital gain:
Short term capital gain 3,000 (6,000)
Interest on company deposit 64,000 50,800
Tax on LTCG (80,000*20%); (44,000*20%) 16,000 8,800

Tax on Lottery (4,000*30%); (10,000*30%) 1,200 3,000
246
Tax on remaining income
[Rs. 4,23,800 (5,07,800 – 80,000 – 4,000);
Rs. 2,77,240 (3,31,240 – 44,000 – 10,000) 8,690 1,362
25,890 13,162
Less: Rebate under section 87A Nil 2,500
25,890 10,662
Add: Cess @ 3% 777 320
Total tax payable (Rounded off) 26,670 10,980
Notes –
1. Amount donated to charitable trust should not exceed 10% of adjusted GTI which is
calculated by deducting LTCG, STCG [Sec. 111A] and all deductions under chapter
VIA (except 80G) from GTI.
Thus, adjusted GTI = Rs. 2,08,960 [2,77,960 – 69,000]
2. Short term capital loss can be adjusted against long term capital gain.
Problem 8 –
X and Y are partners of M/S XY & Co. The income and expenditure account for the year
ending March 31, 2018 is furnished below:
Rs. Rs.
Office expenses 2,10,000 Receipts from clients 10,10,000
Salary to employee 70,000 Interest recovered from X and 3,000
Y on drawings
Income tax 42,000
Salary to:
X 2,50,000
Y 3,00,000
Interest on capital @ 24%
p.a.: 16,000
X 19,000
Y
Net profit (shared by X and Y
equally as per deed) 1,06,000
10,13,000 10,13,000
Other information:
a. Out of office expenses, Rs. 18,000 is not deductible by virtue of sections 30 to 37.
b. During the previous year, the firm sells a capital asset for Rs. 7,10,000 (indexed cost
of acquisition being Rs. 1,45,865).
c. Personal income and investments of partners are as follows:
X (Rs.) Y (Rs.)
Interest from Government Securities 4,70,000 4,23,000
Bank Interest 6,00,000 1,02,000
Deposit in PPF 70,000 45,000
Medical Insurance Premium 12,000 11,000
Find out the net income and tax liability of the firm and partners or the assessment year
2018-19 on the assumption that conditions of sections 184 and 40(b) are satisfied.
247
Solution:
Amount (Rs.)
As per sections 30 to 37 18,000
Income Tax 42,000
Interest on capital @ 12% p.a.
X (16,000/24*12) 8,000
Y (19,000/24*12) 9,500 17,500
Remuneration to partners 5,50,000 6,27,500
[On 1st Rs. 3,00,000 of B/P, 90% 2,70,000
On remaining balance of Rs. 4,33,500, 60% 2,60,100
5,30,100
OR
Add: Long term capital gains [7,10,000 – 1,45,865] 5,64,135
Less: Deduction under chapter VIA Nil
Tax on LTCG (5,64,135*20%) 1,12,827

Tax on remaining income (2,03,405*30%) 61,021.50
1,73,848.50
Add: Cess @ 3% 5,215.46
Total tax 1,79,063.96
Total tax (Rounded off) 1,79,060
Profit after tax of Rs. 5,88,480 (7,67,540 – 1,79,060) will be distributed to partners in
the ratio of 2:1.

X (Rs.) Y (Rs.)
PGBP:
Interest 8,000 9,500
Remuneration 2,40,955 2,89,145
(Rs. 5,30,100 in the ratio of 2,50,000:3,00,000)
Interest from Government Securities 4,70,000 4,23,000
Bank Interest 6,00,000 1,02,000
Deduction under section 80D 12,000 11,000
248
Tax on NTI 1,83,588 66,030

Add: Cess @ 3% 5,507.64 1,980.90
Total tax payable (Rounded off) 1,89,100 68,010
1. What are the conditions to be satisfied to claim deduction on account of interest paid
to partners on their capital?
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
2. What are the conditions to be satisfied to claim deduction on account of remuneration

paid to partners?
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
1. Maximum rate of interest at which interest on capital to be paid to partners is -

a. 10%
b. 12%
c. 14%
d. No limit
2. Income of firm is taxable at the rate of -

a. 10%
b. 20%
c. 30%
d. 40%
[Answers: 1(b), 2(c)]
249
1. The amount of deduction on account of remuneration paid to partners by the partnership

firm is lower of remuneration as per partnership deed or remuneration as per book profit
concept.
2. Surcharge is 15% if the income of firm exceeds Rs. 1 crore.
[Answers: 1(True), 2(False)]
250

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What are the basic concepts of taxation discussed in the chapter?

What are the basic concepts of taxation discussed in the chapter?

What is the difference between tax planning, tax avoidance and tax evasion?

What is the difference between tax planning, tax avoidance and tax evasion?

LESSON 1

Income [Sec. 2(24)]

Person [Sec. 2(31)]

Assessee [Sec. 2(7)]

Casual income does not include:

Previous Year [Sec. 3]

Assessment year [Sec. 2(9)]

Maximum marginal rate [Sec. 2(29C)]

1.6 Basic principles of income-tax

Following are some basic principles of income-tax:

2. Tax rates are fixed by the annual Finance Act.

4. Income tax is to be deducted at source or paid in advance as provided under

5. Total income is computed on the basis of residential status of the assessee.

1.8 Computation of tax

Computation of tax liability of an assessee for the assessment year 2018-19:

Tax Rates for “Individuals”

Annual net taxable income Tax

Annual net taxable income Tax

Annual net taxable income Tax

Tax Rates for “Firms”

Tax Rates for “Companies”

Rebate of tax in case of certain individuals [Sec. 87A]

Education Cess (EC)

Secondary and Higher Education Cess (SHEC)

1.10 Special rates of tax on certain incomes

1.12 Miscellaneous provisions

Exemption and Deduction – Difference

2.2 Definition of Agricultural income

Agricultural Income [Sec. 2(1A)]

3. Income from farm building

2.3 Scheme of Partial Integration

The scheme of partial integration of non-agricultural income with agricultural income is

Procedure of computing tax as per the scheme:

Step 6: This will be the total income-tax payable by the assessee.

Computation of taxable income of Mrs. X for the assessment year 2018-19:

Tax on Rs. 14,31,000 is Rs. 2,39,300 [1,10,000 + 30% (14,31,000 – 10,00,000)]

Net agricultural income 5,40,000

Step 1: Net agricultural income is to be computed as if it were income chargeable to income-

Tax on Rs. 7,90,000 is Rs. 70,500 [12,500 + 20% (7,90,000 – 5,00,000)]

Family Planning [100% of 30,000] 30,000

Net agricultural income 4,00,000

Step 1: Net agricultural income is to be computed as if it were income chargeable to income-

Tax on Rs. 7,00,000 is Rs. 50,000 [10,000 + 20% (7,00,000 – 5,00,000)]

3.2 Residence and citizenship

3.3 Determination of residential status of an assessee

How to determine the residential status of an INDIVIDUAL [Sec. 6]

Following are the rules to determine the residential status of an individual:

Basic conditions [Sec. 6(1)]

Additional conditions [Sec. 6(6)]

How to determine the residential status of a HUF

It is to be noted that in order to determine whether a HUF is resident or non-resident,

A resident Hindu Undivided family is an ordinarily resident in India if karta or

b. A Hindu undivided family is said to be non-resident in India if control and

How to determine the residential status of a FIRM AND an ASSOCIATION OF