SLM-19615-B Com-INCOME TAX LAW AND ACCOUNTS - 0

INCOME TAX
LAW AND ACCOUNTS

(BCM5 B09)
CORE COURSE
V SEMESTER
B.Com.
(2019 Admission Onwards)
UNIVERSITY OF CALICUT
School of Distance Education
Calicut University PO, Malappuram, Kerala 67363
19615
UNIVERSITY OF CALICUT
SCHOOL OF DISTANCE EDUCATION
STUDY MATERIAL
Core Course: BCM5 B09
V Semester
B.Com.
INCOME TAX LAW AND ACCOUNTS
Prepared by
Dr. Sudheesh S,
Assistant Professor on Contract,
School of Distance Education,
University of Calicut.
Scrutinized by:
Dr. Lakshmanan M P,
Associate Professor & Head,
P. G. Department of Commerce,
Government College, Chittur.
DISCLAIMER
“The author shall be solely responsible for the
content and views expressed in this book”
Income Tax Law and Accounts 2

CONTENTS
PAGE
MODULE PARTICULARS NO.
I BASIC CONCEPTS 5
II INCOME FROM SALARY 98
INCOME FROM HOUSE

III 177
PROPERTY
PROFITS AND GAINS OF
IV BUSINESS OR 209
PROFESSION
CAPITAL GAINS AND
V INCOME FROM OTHER 244
SOURCES


Module I
BASIC CONCEPTS
Introduction
In a Welfare State, the Government takes primary responsibility

for the welfare of its citizens, as in matters of health care,
education, employment, infrastructure, social security and
other development needs. To facilitate these, Government
needs revenue. The taxation is the primary source of revenue
to the Government for incurring such public welfare
expenditure. In other words, Government is taking taxes from
public through its one hand and through another hand; it incurs
welfare expenditure for public at large. However, no one enjoys
handing over his hard-earned money to the government to pay
taxes. Thus, taxes are compulsory or enforced contribution to
the Government revenue by public. Government may levy
taxes on income, business profits or wealth or add it to the cost
of some goods, services, and transactions.
Direct Tax & Indirect Tax

There are two types of taxes: Direct Tax and Indirect Tax
Tax, of which incidence and impact fall on the same person, is
known as Direct Tax, such as Income Tax. On the other hand,
tax, of which incidence and impact fall on two different

persons, is known as Indirect Tax, such as GST, etc. It means,

in the case of Direct Tax, tax is recovered directly from the
assessee, who ultimately bears such taxes, whereas in the case
of Indirect Tax, tax is recovered from the assessee, who passes
such burden to another person & is ultimately borne by
consumers of such goods or services.
Difference between direct taxes and Indirect Tax

Direct taxation is defined as the tax which is directly levied on
the citizens of a country. All individuals and business concerns
have to pay direct taxes to the government on a regular basis.
These direct taxes are calculated on every sources of income
that accrues to the business of individual.
On the other hand, the citizens of a country are charged certain
levies indirectly as well. These indirect levies are known as
indirect taxes. These are the taxes payable on an activity or a
commodity. Tax is collected at the time of sale or purchases or
rendering of services. Some common examples of indirect
taxes are sales tax and excise tax.
Finance Act:
Every year, the Finance Minister of the Government of India
presents the Budget to the Parliament. Once the Finance Bill is
approved by the Parliament and gets the assent of the President
of India, it becomes the Finance Act.
Income-tax Rules:
The administration of direct taxes is looked after by the
Central Board of Direct Taxes (CBDT).The CBDT is
empowered to make rules for carrying out the purposes of the
Act. For the proper administration of the Income-tax Act, the
CBDT frames rules from time to time. These rules are

collectively called Income-tax Rules, 1962.
Circulars and Notifications:

Circulars are issued by the CBDT from time to time to deal
with certain specific problems and to clarify doubts regarding
the scope and meaning of the provisions. These circulars are
issued for the guidance of the officers and/or assessees.
Brief History of Income Tax in India

In India, Income tax was introduced for the first time in 1860,
by Sir James Wilson in order to meet the losses sustained by the
Government on account of the Military Mutiny of
1857.Thereafter; several amendments were made in it from
time to time. In 1886, a separate Income tax act was passed. This
act remained in force up to, with various amendments from
time to time. In1918, a new income tax was passed and again
it was replaced by another new act which was passed in
1922.This Act remained in force up to the assessment year
1961-62 with numerous amendments. The Income Tax Act of
1922 had become very complicated on account of innumerable
amendments. The Government of India therefore referred it to
the law commissionin1956 with a view to simplify and prevent
the evasion of tax. The law commission submitted its report-in
September 1958, but in the meantime the Government of India
had appointed the Direct Taxes Administration Enquiry
Committee submitted its report in 1956.In consultation with
the Ministry of Law finally the Income Tax Act, 1961 was
passed. The Income Tax Act 1961 has been brought into force
with 1 April 1962. It applies to the whole of India including
Jammu and Kashmir.

Assessee [Sec 2(7)]

“Assessee” means,
a) a person by whom any tax or any other sum of money (i.e.,
penalty or interest) is payable under this Act (irrespective
of the fact whether any proceeding under the Act has been
taken against him or not);
b) every person in respect of whom any proceeding under this
Act has been taken (whether or not he is liable for any tax,
interest or penalty) for the assessment of his income or loss
or the amount of refund due to him;
c) a person who is assessable in respect of income or loss of
another person;
d) every person who is deemed to be an assessee under any
provision of this Act; and
e) a person who is deemed to be an ‘assessee in default’ under
any provision of this Act. E.g. A person, who was liable to
deduct tax but has failed to do so, shall be treated as an
‘assessee in default’.
Deemed Assessee:
A person who is deemed to be an assessee for some other
person is called “Deemed Assessee”.
Assessee in Default:
When a person is responsible for doing any work under
the Income Tax Act and he fails to do it, he is called an
“Assessee in default”.
Assessment [Section 2(8)]

This is the procedure by which the income of an assessee is
determined by the Assessing Officer.
Assessment Year (A.Y.) [SEC. 2(9)]

Assessment year means the period of 12 months commencing
on the 1st day of April every year. It is the year (just after the
previous year) in which income earned in the previous year is
charged to tax. E.g., A.Y.2021-22 is a year, which commences
on April 1, 2021 and ends on March 31, 2022. Income of an
assessee earned in the previous year 2020-2021 is assessed in
the A.Y. 2021-22.
Tax point:
 Duration: Period of 12 months starting from 1st April.

 Relation with Previous Year: It falls immediately after the
Previous Year.
 Purpose: Income of a previous year is assessed and taxable

in the immediately following Assessment Year.
Income – Section 2 (24)

Income tax is charged on total income of an assessee.
Therefore it is highly necessary to understand the term clearly.
Broadly speaking income means money or money’s worth
received from any definite source with certain amount of
regularity. It is a periodical receipt from one’s business, land,
work, investment etc. in other words it is periodical return
received on regular basis. Income includes value of benefits

and perquisites. Income denotes periodical monetary return
with some sort of regularity from definite source. The act does
not define income. It simply lists some of the items that can be
included in the income. Thus;
Income includes:
1. Profits and gains
2. Dividend
3. Voluntary Contributions received by a trust. Voluntary
contributions received by a trust are included in the
definition of income. As such contributions received by
following types of trusts, funds, associations, bodies etc. are
included in the income of such bodies.
i. Contributions received by a trust created wholly or partly
for charitable or religious purposes.
ii. Contributions received by a scientific research
association.
iii. Contributions received by a fund or institution set up for
charitable purposes and notified u/s 10 (23c) (iv) (v).
iv. Contribution received by any university or other
educational institution, hospital referred in section 10
(23c).
4. The value of any perquisite or profit in lieu of salary taxable
under section 17(2)(3)
5. Any special allowance or benefit, other than perquisite
included under sub-clause (iii), specifically granted to the
assessee to meet expenses wholly, necessarily and
exclusively for the performance of the duties of an office or

employment of profit
6. Any allowance granted to the assessee either to meet his
personal expenses at the place where the duties of his office
or employment of profit are ordinarily performed by him or
at a place where he ordinarily resides or to compensate him
for the increased cost of living
7. Value of any benefit or amenity, whether convertible into
money or not, obtained by a representative assessee or by
any person on whose behalf such benefit is received by
representative assessee and sum paid by representative
assessee in respect of any obligation which hut for such
payment would have been payable by the person on whose
behalf representative assessee has made such payments
8. The profits and gains of any business of banking (including
providing credit facilities) carried on by a co-operative
society with its members;
9. The value of any benefits or perquisites, whether
convertible into money or not, obtained from a company
either by a director or by a person, who has a substantial
interest in the company, or by a relative of a director of such
person, and any sum paid by such company in respect of
any obligation but for which, such payment would have
been payable by the director or other person aforesaid.
 Any sum chargeable to income-tax under section 28(u)

and (iii) or section 41 or section 59;
 Any sum chargeable to tax u/s 28 (iiia)
 Any sum chargeable to tax u/s 28(iiib)

 Any sum chargeable to tax u/s 28 (iiic) , -
 The value of any benefit or perquisite taxable under section

28 (iv)
 Any capital gain taxable under section 45

10. Any sum whether received or receivable in cash or in kind
under an agreement for—not carrying out any activity in
relation to any business; or not sharing any know-how,
patent, copyright, trade-mark, license, franchise or any
other business or commercial right of similar nature or
information or technique likely to assist in the
manufacture or processing of goods or provision of
services.
11. The profit and gains of any business of insurance carried
on by a mutual insurance company or by a co-operative
society, computed in accordance with section 44 or any
surplus taken to be such profits and gains by virtue of
provisions contained in the first schedule.
12. Any 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
whatsoever.
13. Any sum received by the assessee as his employers’
contributions to any provident fund or superannuation
fund or any fund set up under the provisions of the
Employee’s State Insurance Act, 1948 or any other fund
for the welfare of’ such employees.
14. Any sum received under a key man insurance policy
including the sum allocated by way of bonus on such
policy.
15. Any sum received by an individual or HUF from any
person during 2013-14 in cash or by issue of cheque or
draft or by any other mode or by way of credit otherwise
than by way of consideration for goods or services but
does not include.
16. An aggregate amount of gift or gifts received (whether in
cash or in the form of property) exceeding Rs. 50,000 in a
previous year by an individual or Hindu undivided family
from non- relatives shall be treated as income which will
be taxable in the hands of the recipient. (For details, please
refer to chapter on Other Sources).
17. Gifts received by a firm or closely held company as
provided in Section 56(2)(viia).
18. Any consideration for issue of shares by a closely held
company as exceeds the fair market value of shares as
provided in Section 56(2)(viib) [w.e.f. Assessment year
2013-14].
The definition of term ‘Income’ as given above does not
explain what income is? It only tells that the above mentioned
receipts are also included in the meaning of term income. The
definition given u/s 2(24) is inclusive and not exhaustive.
According to English dictionary, the term income means
“periodical receipts from one’s business, land, work,
investments etc.”
1. The term income simply means something which
comes in. It is a periodical return with regularity or expected
regularity. It’s nowhere mentioned that income refers to only
monetary return. It includes value of benefits and perquisites.
Anything which can reasonably and properly be described as
income is taxable under this Act unless specifically exempted

under the various provisions of this Act.
2. The term income includes not only what is received by
using the property but also the amount saved by using it
himself. Anything which is convertible into income can be
regarded as source of accrual of income.
Person [Sec. 2 (31)

The term person includes the following:
(i) an Individual;
(ii) a Hindu Undivided Family (HUF);
(iii) a Company;
(iv) a Firm;
(v) an Association of Persons (AOP) or a Body of Individuals
(BOI), whether incorporated or not;
(vi) a Local authority; &
(vii) every artificial juridical person not falling within any of
the preceding categories.
Previous Year [Sec.3]

Previous Year means the financial year immediately preceding
the Assessment Year. Income earned in a year is assessed in the
next year. The year in which income is earned is known as
Previous Year and the next year in which income is assessed
is known as Assessment Year. It is mandatory for all assessee
to follow financial year (from 1st April to 31st March) as

previous year for Income- Tax purpose.
Financial Year
According to sec. 2(21) of the General Clauses Act, 1897, a
Financial Year means the year commencing on the 1st day of
April. Hence, it is a period of 12 months starting from 1st April
and ending on 31st March of the next year. It plays a dual role
i.e. Assessment Year as well as Previous Year.
Example: Financial year 2020-21 is -
 Assessment year for the Previous Year 2019-20; and
 Previous Year for the Assessment Year 2021-22.
Exceptions to the general rule that income of a

Previous Year is taxed in its Assessment Year
This is the general rule that income of the previous year of an
assessee is charged to tax in the immediately following
assessment year. However, in the following cases, income of the
previous year is assessed in the same year in order to ensure
smooth collection of income tax from the taxpayer who may not
be traceable, if assessment is postponed till the commencement
of the Assessment Year:
1. Income of a non-resident assessee from shipping business
(Sec. 172)
2. Income of a person who is leaving India either permanently
or for a long period (Sec. 174)
3. Income of bodies, formed for a short duration (Sec. 174A)
4. Income of a person who is likely to transfer property to avoid
tax (Sec. 175)

5. Income of a discontinued business (Sec. 176). In this case, the
Assessing Officer has the discretionary power i.e. he may
assess the income in the same previous year or may wait till
the Assessment year.
Gross Total Income Sec: 80b (5)

As per section 14, the income of a person is computed under
the following five heads:
1. Salaries.
2. Income from house property.
3. Profits and gains of business or profession.
4. Capital gains.
5. Income from other sources.
If the income is not derived from any of the above sources, it
is not taxable under the act. The aggregate income under these
heads is termed as “gross total income”.
Total Income Sec: 2(45)

Total income means the amount left after making the
deductions under section 80C to 80U from the gross total
income.

Comparison between Gross Total Income [GTI] Vs

Total Income
Parameter
Gross Total
of Total Income
Income
Comparison
Refers to income
Total income is the
earned by an
income estimated after
individual, or an
deductions under
Meaning entity from all the
section 80 from Gross
heads, before taxes
Total income have
or, other deductions
been subtracted.
are implied.
Represents revenue
On the other hand,
generated, or
total income
income earned
Represents represents the income
before the taxes and
on which tax liability
other deductions
is determined.
have been made.
Whereas, in the case

It is the aggregate of of total income, it is
the incomes earned necessary to calculate
by all the heads, it total income to
Importance
denotes the ascertain an
deductions that are individual’s tax
to be made. liability as per his, or
her income.

Parameter
Gross Total
of Total Income
Income
Comparison
Gross total income

Total Income = Gross
= Total income
Total Income –
(sum of all heads) +
Formula Deductions under
the deductions under
Section 80 from Gross
Section 80 from
Total Income.
Gross Total Income.
Tax is not levied on Tax is levied on the

Tax
gross total income. total income.
Casual Income
Any receipt which is of a casual and non-recurring nature is
called casual income. Casual income includes the following
receipts:
1. Winning from lotteries,
2. Winning from crossword puzzles,
3. Winning from races (including horse races),
4. Winning from card games and other games of any sort
5. Winning from gambling or betting of any form or nature.
Residential Status
Residential status of an assessee determines the scope of
chargeability of his income. Whether a person will be charged
to a particular income or not, depends on his residential status.
Sec. 6 provides the test for residential status for the persons
which can be categorized as under:
Determination of Residential Status

Individual [Sec. 6(1)]
First of all, an individual is classified as resident or non-
resident and again a resident individual may further be
categorized as Ordinarily Resident or Not Ordinarily Resident
in India.
Resident in India
An individual is said to be a resident in India, if he satisfies
any one of the following conditions -
i) He is in India in the previous year for a period of 182 days
or more [Sec. 6(1)(a)]; or
ii) He is in India for a period of 60 days or more during the
previous year and for 365 or more days during 4 previous
years immediately preceding the relevant previous year
[Sec. 6(1)(c)]

Deemed Resident in India (Sec. 6 (1A))

From the Assessment year 2021-22, the concept of 'deemed
resident', has been introduced under section 6 (1A). Accordingly,
a person shall be deemed to be resident in India if the following
conditions are satisfied.
a) Person is a citizen of India;
b) Total income during the year (Other than from foreign sources) is
more than 15 lakh;
c) The income is not liable to tax in any other country or territory.
(There are many countries where income tax is not levied.
Examples - UAE, Qatar, Kuwait, Monaco, Oman, Bahamas,
Panama. Moreover, as per the double taxation avoidance
agreement with the Govt. of India, income may not be subjected
to tax abroad. Sec. 6(1A) aims to levy tax on such persons).
"Income from foreign sources' does not include income from
business controlled from India or profession set up in India.
Deemed resident is considered as 'resident but not ordinarily
resident in all cases. Basic conditions or additional conditions
discussed earlier are not relevant in the case of 'deemed resident'
under Sec. 6(1A). The concept of deemed resident is applicable
only in the case of Indian Citizens who do not become resident in
India as per the general provisions of residential status under
section 6(1). It is not applicable in the case of foreign citizens,
even though the parents are of Indian origin.
Non-Resident in India
An assessee who is not satisfying sec. 6(1) shall be treated as a
non-resident in India for the relevant previous year.

Illustration 1
Mr. X came to India first time during the P.Y. 2020-21. During
the previous year, he stayed in India for (i) 58 days; (ii) 185
days; & (iii) 149 days. Determine his residential status for the
A.Y. 2021-22.
Solution
(1) Since Mr. X resides in India only for 58 days during the P.Y.
2020-21, he does not satisfy any of the conditions specified in
sec. 6(1). He is, therefore, a non-resident in India for the P.Y.
2020-21.
(2) Since Mr. X resides in India for 185 days during the previous
year 2020-21, he satisfies one of the conditions specified in sec.
6(1). He is, therefore, a resident in India for the P.Y. 2020-21.
(3) Mr. X resides in India only for 149 days during the previous
year 2020-21. Though he resided for more than 60 days during
the previous year but in 4 years immediately preceding the
previous year (as he came India first time), he did not reside in
India. Hence, he does not satisfy any of the conditions
specified in sec. 6(1). Thus, he is a non-resident for the P.Y.
2020-21.
Illustration 2
Simon, a British national, comes to India for the first time
during 2016-17. During the financial years 2016-17, 2017-18,
2018- 19, 2019-20 and 2020-21, he was in India for 55 days,
60 days, 80 days, 160 days and 70 days respectively. Determine
his residential status for the assessment year 2021-22.

Solution
During the previous year 2020-21, Simon was in India for 70 days
& during 4 years immediately preceding the previous year, he was
in India for 355 days as shown below:
Year 2016-17 2017-18 2018-19 2019-20 Total
No of days stayed 55 60 80 160 355

in India
Illustration 3
Miss Paul, an Indian citizen, left India for first time on 1st April,
2020 for joining job in Tokyo. She came to India on 11th
October, 2020 for only 190 days. Determine her residential
status for P.Y. 2020-21.
Solution
Number of days Miss Paul stayed in India can be calculated as
under:
P.Y. Apr May June July Aug Sep OctNov Dec Jan Feb Mar Total
2020- 1 - - - - - 21 30 31 31 28 31 173
21
2020- 18 - - - - - - - - - - - 18
21
Since she left India for employment purpose, hence for
becoming resident she has to stay in India for at least 182 days.
However, she is in India for only 173 days during the previous
year, thus she is a non-resident for the P.Y. 2020-21.

Resident and Ordinarily Resident

If a resident individual satisfies the following two additional
conditions, he will be treated as resident & ordinarily resident
in India -
a) He has been resident in India [as per sec. 6(1)] in at least 2
out of 10 previous years immediately preceding the
relevant previous year and
b) He has resided in India for a period of 730 days or more
during 7 previous years immediately preceding the
relevant previous year.
Tax point: To be a Resident & Ordinarily resident in India,
one has to satisfy at least one condition of sec. 6(1) & both
the additional conditions of sec. 6(6).
Resident but not ordinarily resident

If a resident individual does not satisfy both additional
conditions as given u/s 6(6), he is “Resident but not ordinarily
resident in India”.
Illustration 4
Mr. Y, aged 19 years, left India for first time on May 31, 2020.
Determine his residential status for the previous year 2020-21
if:
i) He left India for employment purpose
ii) He left India on world tour.

Solution
During the previous year 2020-21, Mr. X was in India for 61
days as shown below –
P.Y. Apr MayJuneJulyAug Sep Oct Nov Dec Jan Feb MarTotal
2020- 30 31 - - - - - - - - - - 61
21
During the previous year 2020-21, X stayed in India for 61 days.
Further, he was in India for more than 365 days during 4 years
immediately preceding the relevant previous year (as he left India
for first time).
i. Since he left India for employment purpose, condition of sec.
6(1)(c) shall not be applicable on such assessee. He will be
treated as resident in India, if and only if, he resided in India
for at least 182 days during the previous year. Hence, Mr. X is
a non-resident in India for the previous year 2020-21.
ii. Since he left India on world tour, which is not an exception of
sec. 6(1), satisfaction of any one condition of sec. 6(1) makes
him resident in India for the previous year 2020-21. As he
satisfies 2nd condition of sec. 6(1) [shown above], he is
resident in India. Further, he also satisfies dual conditions
specified u/s 6(6) (since he left India for first time). Therefore,
he is an ordinarily resident for the previous year 2020-21.
Illustration 5
Mr. Z came India for first time on July 24, 2016. From July
24, 2016 to December 25, 2017 he was in India. Again, he
came to India on August 5, 2020 for employment purpose &
left India on November 25, 2020 permanently. Determine his
residential status for the previous year 2020-21 assuming -
a) He is a foreign citizen
b) He is an Indian citizen
Solution
During the previous year 2020-21, X was in India for 113 days
as shown below:
Year Apr MayJuneJulyAug Sep Oct Nov Dec Jan Feb MarTotal
2020- - - - - 27 30 31 25 - - - - 113
21
Further, he was in India for more than 365 days during 4 years
immediately preceding the previous year as shown below:
Year Apr MayJuneJulyAug Sep Oct Nov Dec Jan Feb MarTotal
16- - - - 8 31 30 31 30 31 31 28 31 251
17
17- 30 31 30 31 31 30 31 30 25 - - - 269
18
18- - - - - - - - - - - - - -
19
19- - - - - - - - - - - - - -
20
As he satisfies condition given in sec. 6(1)(c), he is a resident
in India.
Further, he was resident during 2 out of 10 years immediately
preceding the relevant previous year but he was in India only
for 520 days in 7 years immediately preceding the relevant
previous year. As he is not satisfying dual conditions of sec.

6(6), he is a resident but not ordinarily resident in India for the

previous year 2020-21.
Note: His status shall remain same in both the cases as -
a) Foreign citizens are not covered by ‘exceptions to sec.
6(1)(c)’.
b) Coming in India for employment purpose is not covered by
‘exceptions to sec. 6(1)(c)’.
Illustration 6
Ross Taylor, a foreign citizen, resides in India during the
previous year 2020-21 for 83 days. Determine his residential
status for previous year 2020-21 assuming his stay in India
during the last few previous years are as follows –
Year Days Year Days Year Days Year Days

2005-06 220 2009-10 36 days 2013-14 137 2017-18 175
days days days
2006-07 15 days 2010-11 115 2014-15 265 2018-19 15 days

days days
2007-08 257 2011-12 123 2015-16 310 2019-20 67 days

days days days
2008-09 110 2012-13 65 days 2016-17 121

days days
Solution
During previous year 2020-21, Ross Taylor was in India for
83 days & during 4 years immediately preceding the previous
year, he was in India for 378 days as shown below:
Year 2016-17 2017- 2018-19 2019-20 Total

18
No. of days stayed in 121 175 15 67 378
India
Thus, he satisfies one of the conditions specified u/s 6(1) &

consequently, he becomes resident in India in the P.Y. 2020-
21. Further, to determine whether Ross Taylor is an ordinarily
resident or not, he needs to satisfy both conditions laid down
u/s 6(6).
Presence
in India Resident or Condition satisfied to
Year (In Days) Non resident become a resident
2019
-20 67 Resident 6(1)(c)
2018
-19 15 Non Resident None
2017
-18 175 Resident 6(1)(c)
2016
-17 121 Resident 6(1)(c)
2015
-16 310 Resident Both
2014
-15 265 Resident Both

2013
-14 137 Non Resident None
2012
-13 65 Resident 6(1)(c)
2011
-12 123 Resident 6(1)(c)
2010
-11 115 Resident 6(1)(c)
Condition (i) of sec. 6(6) requires that an individual should be

resident in India for at least 2 out of 10 years preceding the
relevant previous year. Ross Taylor was resident in India for 8
out of 10 years immediately preceding the previous year. Thus,
he satisfies this condition.
Condition (ii) of sec. 6(6) requires that an individual should be
present in India for at least 730 days during 7 years preceding
to relevant previous year. Ross Taylor was in India for 1090
days during 2013-14 to 2019-20. Hence, he satisfies this
condition also.
Ross Taylor satisfies condition (ii) of sec. 6(1) as well as both
the conditions of sec. 6(6). Thus, he is a resident and ordinarily
resident in India for the previous year 2020-21.
Hindu Undivided Family (HUF) [Sec. 6(2)]

An HUF can be either a resident or non-resident in India.
Again, a resident HUF can further be classified as ‘Ordinarily
resident’ and ‘Not ordinarily resident’.

Resident HUF: When the control & management1 of affairs of

HUF is wholly or partly situated in India during the relevant
previous year, then it is treated as resident in India.
Control & Management means -
 controlling& directive power;

 actual control & management (mere right to control &
manage is not enough);
 central control & management and not the carrying out of
day to day affairs.
The place of central control & management is situated where
the head, the seat & the directing power is situated.
Non-resident HUF: An HUF is non-resident in India if the
control & management of its affairs is wholly situated outside
India.
Ordinarily resident in India: If the ‘karta’or manager of a
resident HUF satisfies both additional conditions given u/s
6(6), HUF is said to be an ordinarily resident. If the ‘karta’ or
manager of a resident HUF do not satisfies both additional
conditions given u/s 6(6), HUF is said to be a not- ordinarily
resident.
Tax point: Residential status of the Karta for the previous year is
not important but his status for preceding 10 years is important.
Company [Sec. 6(3)]

Resident Company: An Indian company is always a resident
in India.

A non-Indian company is said to be a resident in India, if its

place of effective management, in that year, is in India.
“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.’
Non-Resident Company: If place of effective management, in
that year, is not in India, the said company is non-resident in
India for the relevant previous year.
Tax point: In case of company, there is no sub-division like
‘Ordinarily resident’ or ‘Not ordinarily resident’.
Firm or an Association of Persons (AOP) or Body of

Individuals (BOI) [Sec. 6(4)]
Resident: A firm or an AOP or BOI is said to be a resident in
India, if control & management of its affairs are wholly or
partly situated in India during the relevant previous year.
Control & management is vested in hands of partners in case of
firm and principal officer in case of an AOP/BOI.
Non-resident: If control & management of its affairs are
situated wholly outside India, then it is a non-resident in India.
Tax point: In case of firm or BOI or AOP, there is no
subdivision like ‘Ordinarily resident’ or ‘Not ordinarily
resident’.
Incidence of Tax [Sec. 5]

The following chart highlights the provisions of tax incidence
in brief:
Tax incidence in case of

Nature of Income Resident Resident
& but not
ordinarily ordinarily Non
resident resident resident
Income accrued or deemed to Taxable Taxable Taxable

be accrued and received or
deemed to be received in
India
Income accrued outside India Taxable Taxable Taxable

but received or deemed to be
received in India.
Income accrued or deemed to Taxable Taxable Taxable

be accrued in India but
received outside India
Income accrued and received

outside India from a business
controlled in or profession Taxable Taxable Not
set-up in India. taxable

outside India from a business
controlled or profession set- Taxable Not taxable Not
up outside India. taxable

outside India in the previous
year (it makes no difference if Taxable Not taxable Not

the same is later remitted to taxable

India).

outside India in any year
preceding the previous year Not Not taxable Not
and later on remitted to India taxable taxable
in current financial year.
Note: In case of resident assessee like company, firm etc.

(Other than Individual and HUF) in which there is no
classification as ‘Resident but not ordinarily resident’,
income accrued and received outside India from a business
controlled or profession setup outside India shall be taxable.
Illustration 7
Shriram provides following details of income, calculate the
income which is liable to be taxed in India for the A.Y.2021-
22 assuming that –
He is an ordinarily resident (b) He is not an ordinarily
resident (c) He is a non-resident.
Particulars Amount
(Rs.)
Salary received in India from a former 1,40,000

employer of UK
Income from tea business in Nepal being 10,000

controlled from India
Interest on company deposit in Canada (1/3rd 30,000

received in India)

Profit from a business in Mumbai controlled 1,00,000

from UK
Profit for the year 2002-03 from a business in 2,00,000

Tokyo remitted to India
Income from a property in India but received in 45,000

USA
Income from a property in London but received 1,50,000

in Delhi
Income from a property in London but received 2,50,000

in Canada
Income from a business in Jambia but 10,000

controlled from Turkey
Solution
Calculation of income liable to be taxed in India of Shriram
for the A.Y.2021-22
Resident & Resident

Particulars Ordinarily but not Non-
resident ordinarily resident
resident
Salary received in India from a 1,40,000 1,40,000 1,40,000
former employer of UK
Income from tea business in 10,000 10,000 Nil
Nepal being controlled
from India

Interest on company
deposit in Canada 10,000 10,000 10,000
-
- 1/3rd received in India
- 2/3rd received outside 20,000 Nil Nil
India
Profit from a business in 1,00,000 1,00,000 1,00,000
Mumbai controlled from
UK
Past Profit from a Nil Nil Nil
business in Tokyo
remitted to India
Income from a property 45,000 45,000 45,000
in India but received in
USA
Income from a property 1,50,000 1,50,000 1,50,000
in London but received in
Delhi
Income from a property 2,50,000 Nil Nil
in London but received in
Canada
Income from a business 10,000 Nil Nil
in Jambia but controlled
from Turkey
Income liable to tax in 7,35,000 4,55,000 4,45,000
India

Kinds of Income
1. Income received in India:
Income received in India is taxable in all cases (whether
accrued in India or elsewhere) irrespective of residential status
of the assessee, therefore it is significant to know the meaning
of income received in India. If the place, where the recipient
gets the money (on first occasion) under his control, is in India,
it is said to be income received in India.
2. Income Deemed to be Received in India

Following incomes shall be deemed to be received in India and
taxable in hands of all assessee irrespective of their residential
status –
a) The annual accretion in the previous year to the balance at
the credit of an employee participating in a recognized
provident fund, to the extent provided in Rule 6 of part A of
the IV schedule i.e.-
iii. Employer’s contribution to the recognized provident
fund in excess of 12% of salary.
iv. Interest credited on the above balance by a rate
exceeding 9.5% [Sec. 7(i)]
b) The transferred balance in recognized provident fund, to
the extent liable to income tax [Sec. 7(ii)]
c) The contribution made, by the employer in the previous
year, to the account of an employee under a pension
scheme notified u/s 80CCD [Sec. 7(iii)]
d) Tax Deducted at source [Sec. 198]
e) Deemed profit.
f) Income from undisclosed sources
3. Income which accrues or arises in India
Income is said to accrue or arise of an assessee only when he
obtains a rights to receive it. Accrual simply means the amount
earned. No amount can be said to accrue unless it is actually
due.
4. Income deemed to accrue or arise in India [sec. 9]:
Following incomes are deemed to accrue or arise in India:
Income from technical services

Income from dividend paid by
Salary from Govt. by an Indian
Income from interest payable

citizen for services rendered
Income from connection in
Salary earned in India
Income from royalty

by specified person
an Indian company
outside India
India
Sec. Sec. Sec. Sec. Sec. Sec. Sec.

9(1)(i) 9(1)(ii) 9(1)(iii) 9(1)(iv) 9(1)(v) 9(1)(vi) 9(1)(vii)
Illustration 8
Miss Juliet, a foreign national, comes India every year for 90
days since 2005-06.
a) Determine her residential status for the previous year 2020-

21.
b) Will your answer differ, if she comes India for 100 days
instead of 90 days every year.
Solution
a) Since Miss Juliet stayed for 90 days during the previous year
2020-21 and for 360 days (90 days × 4 years) during the 4
years immediately preceding the previous year, hence, she is
not satisfying any of the conditions of sec. 6(1). Thus, she is
a non-resident for the previous year 2020-21.
b) Since Miss Juliet stayed for 100 days during the previous
year 2020-21 and for 400 days (100 days × 4 years) during
the 4 years immediately preceding the previous year, hence,
she is satisfying sec. 6(1)(c). Thus, she is resident for the
previous year 2020-21. Further, she resides for only 700 days
(100 days × 7 years) during the 7 years immediately
preceding the previous year. Hence, she does not satisfy one
of the conditions of sec. 6(6). Thus, she is resident but not
ordinarily resident for the previous year 2020-21.
Illustration 9
Mr. Moin, a British national, joined XYZ Co. Ltd. as an engineer
in India on 1st May, 2010. On 31st December, 2011, he went to
Sri Lanka on deputation. On 1st April, 2016, he came back to
India and left for Sri Lanka again on 31st May, 2016. He returned
to India and joined his original post on 1st July, 2020. Determine
his residential status for the A.Y. 2021- 22.

Solution
Number of days Mr. Moin stayed in India in past few years
can be calculated as under:
SN P.Y. Apr May June July Aug Sep Oct Nov Dec Jan Feb MarTotal
0 20- - - - 31 31 30 31 30 31 31 28 31 274
21
1 19- - - - - - - - - - - - - 0
20
2 18- - - - - - - - - - - - - 0
19
3 17- - - - - - - - - - - - - 0
18
4 16- 30 31 - - - - - - - - - - 61
17
5 15- - - - - - - - - - - - - 0
16
6 14- - - - - - - - - - - - - 0
15
7 13- - - - - - - - - - - - - 0
14
8 12- - - - - - - - - - - - - 0
13
9 11- 30 31 30 31 31 30 31 30 31 - - - 275
12
10 10- - 31 30 31 31 30 31 30 31 31 28 31 335
11
On the basis of data drawn, residential status of Mr. Moin in
last few years can be decided as under:

Resident Condition
(R) or Non satisfied to
Year Previous Presence Resident become a
Year in India (In (NR) resident
days)
1 2019-2020 0 NR None
2 2018-2019 0 NR None
3 2017-2018 0 NR None
4 2016-2017 61 NR None
5 2015-2016 0 NR None
6 2014-2015 0 NR None
7 2013-2014 0 NR None
8 2012-2013 0 NR None
9 2011-2012 275 R 6(1)(a)
10 2010-2011 335 R 6(1)(a)
Since assessee resided in India for 274 days in the previous

year 2020-21, hence he satisfies sec. 6(1)(a). Therefore, he is
resident in India.
Further, since he is resident in India for 2 years out of 10 years
preceding the previous year (as shown in above working), but
resided in India for less than 730 days out of 7 immediately
preceding years, hence he does not satisfy one of the
conditions of sec. 6(6), therefore, he is resident but not
ordinarily resident.

Conclusion: Resident but not ordinarily resident.
Illustration 10
State how the following incomes are to be assessed in the
hands of an assessee who is
a. Resident
b. Non-resident and
c. Non resident
1. Salary received during the year for employment outside
India from government of India Rs. 50000.
2. Profits earned in UK and received in India Rs. 35000
3. Salary drawn for employment in Singapore office of an
Indian company for two months Rs. 7500
4. Dividend received from an Indian company Rs. 8000
5. Profit earned from business transaction outside India and
kept in Punjab national bank Rs.25000
Solution
Computation of total income
Not Non
Particulars of income Resident ordinarily resident
resident
Income accruing or arising in 50000 50000 50000
India. But received
outside India
Profit earned in UK and received 35000 35000 35000
in India

Salary drawn for employment in 7500 Nil Nil

Singapore from an Indian
company
Profit earned from business 25000 Nil Nil
transaction outside India and kept
in Punjab national bank
117500 85000 85000
Note: dividend from a domestic company is exempt in all
cases.
Illustration 11
From the following particulars submitted by Miss. Rekha as
regards her income in the previous year 2020-21 compute her
gross total income if she is
a. Resident and ordinary resident
b. Resident but not ordinary resident and
c. Non resident
1. Income from agriculture in Srilanka received in Srilanka
and remitted to India. Rs. 25000
2. Pension from an Indian employer received abroad Rs.
12000
3. Past untaxed profits brought to India Rs. 50000
4. Rental income from the property in Nepal received outside
India Rs. 17000
5. Annual value of a single self-occupied property in India
Rs. 3600

Solution
Computation of gross total income of Miss Rekha
Particulars of income Resident Not ordinarily Non
resident resident
Salary 12000 12000 12000

House property let out In
Nepal 17000 11900 Nil nil
Less 30%
5100
Agriculture income in 25000 Nil Nil
Srilanka
Past un expected income Nil Nil Nil
Total income 48900 12000 12000
Illustration 12
Mr. Vinod has the following incomes during the assessment
year 2021-22. Compute his total income for the assessment
year 2021-22 if he is resident of India, not ordinarily of India
and non resident of India.
1. Capital gain on sale of a house in Mumbai Rs. 40000
2. Salary received outside India for rendering service in
India Rs. 50000
3. Interest received from government of India (received
outside India) Rs. 15000
4. Technical fees received from an India company (received
in India for advice given in respect of project outside India
) Rs. 80000
5. Income from a business situated outside India (controlled

wholly outside India) Rs. 25000
Solution
Total Income of Mr. Vinod for the Assessment Year 2021-22
Not
ordinarily
Particulars of income Resident Non
resident resident
Capital gain on sale of a house 40000 40000 40000
Salary received outside India for 50000 50000 50000

rendering service in India
Interest received from 15000 15000 15000

government of India
Technical fees received from an 80000 80000

India company
Income from a business situated 25000

outside India
Income from business connection 35000 35000 35000

in India
Total Income 245000 220000 140000

TAX RATES FOR THE A.Y. 2021-22

Individual/HUF/Association of Persons/Body of
Individuals/Artificial Juridical Person
In case of Super Senior citizen
Total Income Range Rates of Income Tax

Up to Rs. 5,00,000 Nil
Rs. 5,00,001 to Rs. 20% of (Total income – Rs. 5,00,000)

10,00,000
Rs. 10,00,001 and aboveRs. 1,00,000 + 30% of (Total income –

Rs. 10,00,000)
Super Senior Citizen means an individual who is resident in India

and is of at least 80 years of age at any time during the relevant
previous year (i.e. any resident person, male or female, born
before 02-04-1941).
In case of Senior citizen
Rs. 3,00,001 to Rs. 5,00,0005% of (Total Income – Rs. 3,00,000)
Rs. 5,00,001 to Rs. Rs. 10,000 + 20% of (Total income

10,00,000 – Rs. 5,00,000)
Rs. 10,00,001 and above Rs. 1,10,000 + 30% of (Total income

– Rs. 10,00,000)

Senior Citizen means an individual who is resident in India and is

of at least 60 years of age at any time during the relevant previous
year. (i.e., a resident person, male or female, born on or after 02-
04-1941 but before 02-04-1961)
In case of other Individual1 / HUF / Association of Persons / Body

of Individuals / Artificial Juridical Person
Rs. 2,50,001 to Rs. 5% of (Total Income – Rs. 2,50,000)

5,00,000
Rs. 5,00,001 to Rs. Rs. 12,500 + 20% of (Total income – Rs.

10,00,000 5,00,000)
Rs. 10,00,001 and Rs. 1,12,500 + 30% of (Total income – Rs.

above 10,00,000)
1. born on or after 02-04-1961 or non-resident individual
Rebates
Rebate under section 87A: In order to provide tax relief to the
individual tax payers who are in the 5% tax slab, section 87A
provides a rebate from the tax payable by an assessee, being an
individual resident in India, whose total income does not exceed
Rs. 500000. The rebate shall be equal to the amount of income-
tax payable on the total income for any assessment year or an
amount of Rs. 12500 whichever is less.
However, rebate under section 87A is not available in respect of
tax payable @10% on long-term capital gains taxable under
section 112A.
Applicable to: Resident Individual

Conditions to be satisfied: Total income of the assessee does not
exceed Rs. 5,00,000.
Quantum of Rebate: Lower of the following:
(a) 100% of tax liability as computed above; or
(b) Rs. 12,500/-
Illustration 3
Compute rebate u/s 87A in the following cases:
ParticularsCase 1 Case 2 Case 3 Case 4 Case 5 Case 6

Assessee IndividualIndividualSenior Senior IndividualHUF
Citizen Citizen
Residential Resident Resident Non- Resident
status Resident
Total Rs. Rs. Rs. Rs. Rs. Rs.
Income 4,90,000 5,12,000 4,25,000 5,40,000 2,60,000 2,65,000
Tax on Rs. 12,000 Rs. 14,900 Rs. Rs. Rs. 500 Rs. 750
above 6,250 18,000
Rebate u/s Rs. 12,000 Nil Rs. Nil Nil Nil

87A 6,250
Reason Total Total Assessee is Assessee
income income non- is not an
exceeds exceeds resident individual
Rs. 5 lacs Rs. 5
lacs
Tax after Nil Rs. 14,900 Nil Rs. Rs. 500 Rs. 750
rebate 18,000

Surcharge:
Surcharge is an additional tax payable over and above the income-
tax. Surcharge is levied as a percentage of income-tax. Surcharge
at the following rate is also payable on tax as computed above
after rebate u/s 87A.
Total Income Rate of

Surcharge
Total income does not exceed Rs. 50 lacs Nil
Total income exceeds Rs. 50 lacs but does not 10% of tax
exceed Rs. 1 crore
Total income exceeds Rs. 1 crore but does not 15% of tax
exceed Rs. 2 crores
Total income exceeds Rs. 2 crores but does not 25% of tax*
exceed Rs. 5 crores
Total income exceeds Rs. 5 crores 37% of tax*
* Where the total income includes dividend, any income

chargeable u/s 111A and 112A, the surcharge on the amount of
income-tax computed on that part of income shall not exceed
15%. In other words, surcharge higher than 15% is applicable
only on tax on income other than dividend, income covered u/s
111A and 112A.
Health & Education Cess

Applicable on: All assessee
Rate of cess: 4% of Tax liability after Surcharge

Marginal Relief
To provide relaxation from levy of surcharge to a taxpayer where
the total income exceeds marginally above Rs. 50 lakh or Rs. 1
crore or 2 crores or 5 crores, the concept of marginal relief is
designed.
Condition: Total income exceeds Rs. 50,00,000 (or Rs. 1 crore
or 2 crores or 5 crores)
Relief: Marginal relief is provided to ensure that the additional
income tax payable including surcharge on excess of income over
Rs. 50,00,000 or Rs. 1,00,00,000 or Rs. 2,00,00,000 or Rs.
5,00,00,000 is limited to the amount by which the income is more
than Rs. 50,00,000 or Rs. 1,00,00,000 or Rs. 2,00,00,000 or Rs.
5,00,00,000.
Marginal relief = Calculated Surcharge - 70% (Income – Rs.
50,00,000)] (if positive)
Or
Marginal relief = [(Income tax + surcharge) on income] -
[(Income tax on Rs. 50,00,000) + (Income – Rs. 50,00,000)]
Similar relief shall also be provided where income exceeds
marginally above Rs. 1 crore or Rs. 2 crores or Rs. 5 crores. In
that case, the aforesaid equation shall be changed accordingly.
Illustration 4
Compute tax liability of the assessee (52 years) whose total
income is: (Case 1) Rs. 49,90,000 (Case 2) Rs. 50,10,000; (Case
3) Rs. 60,00,000

Particulars Working Case 1 Case 2 Case 3

Tax liabilityRs. 2,50,000 * Nil Nil Nil Nil
before Rebate
Rs. 2,50,000 * 5% 12,500 12,500 12,500
Rs. 5,00,000 * 1,00,000 1,00,000 1,00,000

20%
Balance Income * 11,97,00012,03,00015,00,000

30%
Total 13,09,50013,15,50016,12,500
Less: Rebate As income Nil Nil Nil

u/s 87A exceeds Rs.
5,00,000
Liability [A] 13,09,50013,15,50016,12,500
Add: SurchargeB = [10% of (A)] Nil 1,31,550 1,61,250
Tax and surcharge payable 13,09,50014,47,05017,73,750
Analysis of case (1) and case (2)
Increase in income Rs. 20,000
Liability for surcharge increased Rs. 1,31,550
Now, computation of tax liability is made after considering

marginal relief:

Particulars Working Case 1 Case 2 Case 3
Liability [A] 13,09,50013,15,50016,12,500
Add: B = [10% of (A)] Nil 1,31,550 1,61,250

Surcharge
Tax and 13,09,50014,47,05017,73,750

surcharge
Less: [(B)– Nil 1,24,550 Nil

Marginal {70%(50,10,000–
relief 50,00,000)}]
Effective Nil 7,000 1,61,250

Surcharge [C]
Liability [A + C] 13,09,50013,22,50017,73,750
after
surcharge
Add: Health & 4% of above 52,380 52,900 70,950
Education
cess
Total Rounded off u/s13,61,88013,75,40018,44,700

288B
Taxpoint: The concept of marginal relief is not applicable in case
of cess.
An Individual / HUF can opt for alternative tax regime u/s
115BAC.

Firm or Limited Liability Partnership (LLP)

A partnership firm (including limited liability partnership) is
taxable at the rate of 30%
Surcharge: 12% of income-tax (if total income exceeds Rs. 1
crore otherwise Nil)
Marginal Relief: Available
Health & Education Cess: 4% of tax liability after surcharge
Company
Company Rate
In the case of a domestic company
- Where its total turnover or gross receipts during the previous25%

year 2018-19 does not exceed Rs. 400 crore
- In any other case 30%
In the case of a foreign company 40%
Surcharge
Total Income Domestic Foreign

Company Company
If total income exceeds Rs. 10 crore 12% 5%
If income exceeds Rs. 1 crore but does 7% 2%

not exceed Rs. 10 crore
If income does not exceed Rs. 1 crore Nil Nil

Marginal Relief: Available at both points (i.e., income exceeds

Rs. 1,00,00,000 or Rs. 10,00,00,000)
Health & Education Cess: 4% of tax liability after surcharge
Computation of Total Income of Individuals

Income-tax is levied on an assessee’s total income. Such total
income has to be computed as per the provisions contained in the
Income-tax Act, 1961. The procedure for computation of total
income for the purpose of levy of income-tax is detailed
hereunder –
Step 1 – Determination of the residential status of the
Assessee:
The residential status of a person has to be determined to ascertain
which income is to be included in computing the total income.
 In case of an individual, the number of days of his stay in India

during the relevant previous year and/or the earlier previous
years would determine his residential status.
 An individual/HUF can be either a –

 Resident and ordinarily resident
 Resident but not ordinarily resident
 Non-resident
Step 2 – Classification of income under different heads
There are five heads of income, namely, -
 Salaries,

 Income from house property,
 Profits and gains of business or profession
 Capital Gains
 Income from other sources

Step 3 – Exclusion of income not chargeable to tax:
There are certain incomes which are wholly exempt from income-
tax e.g. agricultural income. These incomes have to be excluded
while calculating Gross Total Income. The same time certain
incomes are partially exempt from income tax e.g. House Rent
Allowance, Education Allowance etc.. These incomes are
excluded only to the extent of the limits specified in the Act. The
balance income over and above the prescribed limits would enter
computation of total income and have to be classified under the
relevant head of income.
Step 4 – Computation of income under each head:
Income is to be computed in accordance with the provisions
governing a particular head of income. As per the rules certain
deductions and allowances are allowed. These deductions are
allowed while computing income under each head.
Step 5 – Clubbing of income of spouse, minor child etc.:

In case of individuals, income-tax is levied on a slab system on
the total income. The tax system is progressive. That means if
income increases the tax amount to be paid also increases. We can
see that some taxpayers who have the higher income bracket have
a tendency to divert some portion of their income to their spouse,
minor child etc. to minimize their tax burden. In order to prevent
such tax avoidance, clubbing provisions have been included in the
Income-tax Act. As per the provisions of income tax act income

arising to certain persons (like spouse, minor child etc.) have to
be included in the income of the person when it is seen that the
income is diverted for avoiding tax.
Step 6 – Set-off or carry forward and set-off of losses:

An individual may have different sources of income under the
same head of income. He might have profit from one source and
loss from the other. As per the provision we can set off the losses
under one head or form other heads or can carry forwards for the
coming assessment years. All provisions related to that should be
considered while computing total income of the Assessee.
Step 7 – Computation of Gross Total Income:
The final figures of income or loss under each head of income,
after allowing the deductions, allowances and other adjustments,
are then aggregated, after giving effect to the provisions for
clubbing of income and set-off and carry forward of losses, to
arrive at the gross total income.
Step 8 – Deductions from Gross Total Income:
There are deductions prescribed from gross total income. The
allowable deductions in case of an individual are deductions
under sections 80C, 80CCC, 80CCD, 80CCF, 80D, 80DD,
80DDB, 80E, 80G, 80GG, 80GGA, 80GGC, 80-IA, 80-IAB, 80-
IB, 80-IC, 80-ID,80-IE, 80JJA, 80QQB, 80RRB, 80TTA and
80U. These deductions are allowed as per the rules prescribed in
the income tax act.
Step 9 – Compute Total income:
After allowing all deductions allowable, we can compute total
income.
Step 10 – Application of the rates of tax on the total income:

For individuals, there is a slab rate and basic exemption limit. At
present, the basic exemption limit is Rs. 2,50,000. This means that
no tax is payable by individuals with total income of up to Rs.
2,50,000. The rates of tax and level of total income are as under
–
Level of total income Rate of tax
A) Normal Rates:
B) Individual- Senior citizen (60 years or more but less than
80 years):
C) Individual- Super senior citizen (80 years or more):
Step 10 – Rebate under section 87A (where total income ≤ Rs.
5,00,000)/ Surcharge (where total income >Rs. 50,00,000)
Step 11– Health and Education cess (HEC) on Income-tax
The income-tax is to be increased by health and education
cess@4% on income-tax plus surcharge/ minus rebate under
section 87A, wherever applicable. This cess is payable by all
assessees who are liable to pay income-tax irrespective of their
level of total income.
Step 12 – Advance tax and tax deducted at source
Although the tax liability of an assessee is determined only at the
end of the year, tax is required to be paid in advance in four
installments on the basis of estimated income i.e., on or before
15th June, 15th September, 15th December and 15th March.
However, residents opting for presumptive taxation scheme can
pay advance tax in one installment on or before 15th March
instead of four installments. In certain cases, tax is required to be

deducted at source from the income by the payer at the rates
prescribed in the Income-tax Act, 1961 or the Annual Finance
Act. Such deduction should be made either at the time of accrual
or at the time of payment, as prescribed by the Act.
Step 13: Tax Payable/Tax Refundable

After adjusting the advance tax and tax deducted at source, the
assessee would arrive at the amount of net tax payable or
refundable. Such amount should be rounded off to the nearest
multiple of Rs. 10 as per section 288B.
The assessee has to pay the amount of tax payable (called self-
assessment tax) on or before the due date of filing of the return.
Similarly, if any refund is due, assessee will get the same after
filing the return of income.
AGRICULTURAL INCOME
The income tax does not define the term agricultural income.
Instead it gives a list income that can be treated as agricultural
income. Section 2(1A) of the Act defines agricultural income
as follows:
1. Any rent or revenue derived from land that is situated in
India and is used for agricultural purpose;
2. Any income derived from such land by-
a. Agriculture ; or
b. Any process ordinarily employed by a cultivator or
receiver of rent-in-kind to make the produce fit to be taken
to market or

c. The sale by a cultivator or receiver of rent in kind of the

produce in respect of which no process has been
performed other than a process of the nature described in
the above paragraph.
3. Any income derived from farmhouse.
Criteria to determine agricultural income

1. Income received from land situated in India.
2. Land is used for agricultural purpose.
3. Land is situated in India
By virtue of sec. 2(1A), agricultural income means

1. Any rent or revenue derived from a land, which is situated
in India & is used for agricultural purposes;
2. Any income derived from such land by agriculture.
3. Any income derived from such land by the performance by –
a)a cultivator;
b)receiver of rent in kind;
- of any process ordinarily employed by a them to render the
produce raised or received by him fit to be taken to market.
4. Any income derived from such land by the sale by
a)a cultivator of the produce raised by him; or
b)receiver of rent-in-kind of the produce received by him;

- in respect of which no process has been performed other

than a process required to render it fit for the market.
5. Any income derived from a building subject to fulfillment
of the following conditions –
a) The building should be occupied by the cultivator or receiver
of rent in kind.
b) The building should be on or in the immediate vicinity of the
land, being situated in India and used for agricultural purposes.
c) The building should be used as dwelling house or store-house
or other out building.
d) The land is either situated in –
i) Rural area; or
ii) Urban area1 and assessed to land revenue / local rates.
Partly Agricultural Income

Partly agricultural income consists of both the element of
agriculture and business, so non-agricultural part of the income
is taxed. Some examples for partly agricultural income are
given below:
1. Profit of business other than Tea: This rule applicable to
agricultural produce like cotton, tobacco, sugarcane, etc., here
the market value of the agricultural produce raised by the
Assessee for utilizing it as raw material for his business will be
deducted out of the total profit of such Assessee while
calculating tax on his income.

2. Profit from Tea manufacturing: If a person using his

own tealeaves grown by him for his tea manufacturing
business, then 60% of his income will be treated as agricultural
income and the remaining 40 % will be treated as business
income. So he has to pay tax on that remaining 40% of income.
3. Income from the manufacturing of Centrifuged Latex
or C enex: If a person manufacturing centrifuged latex by
using his own made raw then, 65 % of the income derived from
the sale of the same is treated as agricultural income so he has
to pay tax remaining part of the income.
4. Income from the coffee manufacturing:
a. 75% of the income derived from the sale of coffee grown
and cured by the seller in India is deemed to be agricultural
income 25% is taken as business income.
b. 5% the income derived from the sale of coffee grown,
cured, roasted and grounded by the seller in India is
deemed to be agricultural income 40% is taken as
business income.
Illustration 13
Mr. Ramsanth had estates in Rubber, tea and coffee. He
derives income from them. He furnishes the following
particulars of his income for the year ending 31-3-2021.
Manufacture of rubber Rs: 5,00,000
Manufacture of coffee grown and cured Rs: 3,50,000
Manufacture of tea Rs: 7,00,000
Compute taxable income of Ramsanth for the A.Y. 2021-22.
Solution:
Computation of Taxable income for the A.Y.2021-22:
Manufacture of rubber ( 35% is non-agricultural 175,000

income) :
Manufacturing of Coffee (25% is non-agricultural 87,500

income) :
Manufacturing of tea ( 40% is non-agricultural 2,80,000

income) :
Taxable Income : 5,42,500
Illustration 14
X Ltd. grows sugarcane to manufacture sugar. Details for the
previous year 2020-21 are as follows:
Rs. in
Particulars
lacs.
Cost of cultivation of sugarcane (5,000 tons) 10
Sugarcane sold in market (1,000 tons) 3
Sugarcane used for sugar manufacturing (4,000

tons) -
Cost of conversion 5
Sugar produced & sold in market 25
Compute income of X Ltd.

Solution:
Computation of income of X Ltd. for the A.Y. 2021-22
Rs. in lacs
Particulars Manufacturing Agriculture

Sale of agro product in - 3
market
Sale of manufactured 25 -
product in market
Notional sale of agro product - 12

used in the process of
manufacturing (4,000 ton *
Rs. 3 lacs per 1000 ton)
Revenue [A] 25 15
Less: Expenses incurred
Cost of conversion 5 -
Market value of sugarcane 12 -

used (4,000 ton * Rs. 3 lacs
per 1000 ton)
Cost of cultivation - 10
Expenditure [B] 17 10
Income [A – B] 8 5

Assessment of Agricultural Income

Agricultural income is totally exempt from income tax.
However, the agricultural income is integrated with non
agricultural income in certain cases of assessees. The
integration is done where assessee has both agricultural and
non agricultural income. For the assessment of agricultural
income both agricultural and non agricultural income of an
assessee is determined as per the various rules prescribed by
the income tax Act.
Computation of Agricultural Income

Agricultural income of an assessee can be computed as per the
rules given below.
1. Rent or revenue derived from agricultural land will be
computed on the same basis as is adopted for the
computation of income under the head income from
other sources
2. Income derived from agricultural house property is
computed as if it were income chargeable to income tax
under the head income from house property
3. Income derived from agricultural operations is computed
as if it were income chargeable to income tax under the
head profit or gains from business or profession.
4. Loss incurred in agriculture will be allowed to be set off
only against gains from agriculture.
5. Any sum payable to the government in the form of tax
charged by the state government on agriculture will be
allowed as a deduction.

Method of integration
1. Net agricultural income is integrated with non agricultural
income.
2. Income tax is calculated on this integrated income at the
rates prevailing each assessment year.
3. Then income tax will be calculated on the net agricultural
income as increased by an amount of Rs. 250000 or
300000 or Rs. 500000 as the case may be.
4. Income tax calculated under 3 above is deducted from the
income tax calculated 2 above.
Impact of agricultural income on tax computation

Sec. 10(1) of the Act exempts agricultural income from tax as our
Constitution does not provide power to the Parliament to levy tax
on agro-income. However, since 1973 an indirect method has
been found, to levy tax on agro-income. According to this
method, agricultural income is included in the total income of the
assessee for deciding the tax slab of the assessee.
The way to apply higher rate of tax-slab on non-agricultural
income by including agricultural income in the total income of
the assessee are as under:
Conditions for including agricultural income in the total
income of the assessee
1. The assessee is an individual, a Hindu-undivided family, a
body of individual, an association of person or an artificial
juridical person.

2. The assessee has non-agricultural income exceeding the

maximum amount of exemption (i.e. in case of Senior citizen
Rs. 3,00,000, Super Senior citizen Rs. 5,00,000 and in case of
other Individual/ HUF/AOP/BOI /artificial juridical person
Rs. 2,50,000)
3. The agricultural income of the assessee exceeds Rs. 5,000.
Treatment
Step 1: Compute income tax on total income of assessee
including Agro-income.
Step 2: Compute income tax on (Agro-income + Maximum
exempted limit)
Step 3: Tax liability before cess = (Tax as per step 1) - (Tax as
per step 2)
Illustration 15
Mr. X aged 42 years has non-agro income of Rs. 3,25,000 and
agro income of Rs. 2,55,000. Compute his tax liability for the
A.Y. 2021-22.
Solution:
Computation of tax liability of Mr. X for the A.Y. 2021-22
Particulars Rs.
Income Tax on Rs. 5,80,000 (i.e. agro income Rs. 28,500
2,55,000 + non agro Rs. 3,25,000)
Less: Tax on Rs. 5,05,000 (i.e. agro income Rs. 13,500

2,55,000 + maximum exempted limit Rs. 2,50,000)

Tax liability 15,000
Less: Rebate u/s 87A 12,500
2,500
Add: Health & Education Cess (4% of Rs. 2,500) 100
Tax and cess payable (Rounded off u/s 288B) 2600

Note: 1 - Calculation of income tax on 5,80,000
First Rs. 250000 nil
Next Rs. 250000 @5% 12500
Next Rs. 80000 @ 20% 16000
28500
Note 2 Calculation of income tax on 5,05,000
First Rs. 250000 nil
Next Rs. 250000 @5% 12500
Next Rs. 5000 @ 20% 1000
13500
Casual Income
Any receipt which is of a casual and non-recurring nature is
called casual income. Casual income includes the following
receipts:

1. Winning from lotteries,

2. Winning from crossword puzzles,
3. Winning from races (including horse races),
4. Winning from card games and other games of any sort,
5. Winning from gambling or betting of any form or nature.
Capital and revenue receipts and expenditure

Receipts which are non-recurring (not received again and
again) by nature and whose benefit is enjoyed over a long
period are called "Capital Receipts", e.g. money brought into
the business by the owner (capital invested), loan from bank,
sale proceeds of fixed assets etc. Capital receipt is shown on
the liabilities side of the Balance Sheet. receipts which are
recurring (received again and again) by nature and which are
available for meeting all day to day expenses (revenue
expenditure) of a business concern are known as "Revenue
receipts", e.g. sale proceeds of goods, interest received,
commission received, rent received, dividend received etc.
Distinction between Capital Receipt and Revenue

Receipt:
No. Revenue receipt Capital receipt
1 It has short-term effect. The It has long-term effect. The
benefit is enjoyed within benefit is enjoyed for many
one accounting period. years in future.
2 It occurs repeatedly. It is It does not occur again and
recurring and Regular in again. It is Non recurring
nature. and irregular in nature.
3 It is shown in profit and It is shown in the Balance

loss account on the credit Sheet on the liability side.
side.
Capital receipt, when
4 invested, produces revenue
receipt e.g. when capital is
It does not produce capital invested by the owner,
receipt. business gets revenue
receipt (i.e. sale proceeds of
goods etc.).
5 This does not increase or The capital receipt
decrease the value of asset decreases the value of asset
or liability. or increases the value of
liability e.g. sale of a fixed
asset, loan from bank etc.
Sometimes, expenses of
capital nature are to be Sometimes expenses of
incurred for revenue revenue nature are to be
6 receipt, e.g., purchase of
incurred for such receipt
shares of a company is e.g. on obtaining loan (a
capital expenditure but capital receipt) interest is
dividend received on paid until its repayment.
shares is a revenue receipt.
Difference between Capital Expenditure and Revenue
Expenditure:
No. Revenue expenditure Capital expenditure
Its effect is temporary, Its effect is long-term, i.e. it is
1 i.e. the benefit is not exhausted within the
received within the current accounting year-its
accounting year. benefit is received for a

number of years in future.

2 Neither an asset is An asset is acquired or the
acquired nor is the value of an existing asset is
value of an asset increased.
increased.
It has no physical Generally it has physical
3 existence because it is existence except intangible
incurred on items assets.
which are used by the
business.
4 It is recurring and It does not occur again and
regular and it occurs again. It is
repeatedly. Non recurring and irregular.
5 This expenditure helps This expenditure improves the
to maintain the position of the business.
business.
The whole amount of A portion of this expenditure
this expenditure is (depreciation on assets) is
shown in trading P & L shown in trading & P & L A/c
6 A/c or income and the balance are shown in
statement. the balance sheet on asset side.
7 It does not appear in It appears in the balance sheet
the balance sheet. until its benefit is fully
exhausted.
8 It reduces revenue It does not reduce the revenue
(profit) of the business of the concern.

EXEMPTED INCOME
INCOME WHICH DO NOT FORM PART OF
TOTAL INCOME
Sec. 10 enlists the various income which are exempt from tax
i.e. does not form part of total income of the assessee. These
are –
Agricultural Income [Sec. 10(1)]

Fully exempted
Member’s Share in Income of HUF [Sec. 10(2)]

Any sum received by an individual as a member of a Hindu
undivided family –
 Where such sum has been received out of the income of the
family; or
 Where such sum has been received out of the income of an

impartibly estate belonging to the family.
Share of Profit from a Firm [Sec. 10(2A)]

Share in the total income of the firm is exempt in the hands of
partner.
Interest Income of Non-resident [Sec. 10(4)/(4B)]

 Interest on specified securities or bonds, including premium
on redemption of such bonds is exempted in the hands of a
non-resident [Sec. 10(4)(i)]

 Interest on Non-Resident (External) Account in any bank in

India to a person who is a resident outside India as per as
defined in sec. 2(w) of the Foreign Exchange Management
Act, 1999 or is a person who has been permitted by the
Reserve Bank of India to maintain the aforesaid Account
 Interest on notified savings certificates issued before 1-6-

2002 by the Central Government to a non resident, being a
citizen of India or a person of Indian origin [Sec. 10(4B)]
Leave Travel Concession [Sec. 10(5)]

Refer chapter Salaries.
Remuneration to Person who is not a Citizen of India

in certain cases [Sec. 10(6)]
Following remuneration to an individual who is not a citizen of
India shall be exempt –
 Remuneration received by him as an official of an embassy,

high commission, legation, commission, consulate, or the
trade representation of a foreign state or as a staff of any of
these officials provided corresponding Indian officials in that
foreign country enjoy similar exemptions in their country -
Sec. 10(6)(ii).
 Remuneration received as an employee of a foreign enterprise

for services rendered by him during his stay in India provided
a) the foreign enterprise is not engaged in any business or
profession in India;
b) his stay in India does not exceed 90 days in aggregate; and

c) such remuneration is not liable to be deducted from the income

of the employer under this Act - Sec. 10(6)(vi)
 Remuneration for services rendered in connection with his

employment on a foreign ship provided his total stay in India
does not exceed 90 days in the previous year - Sec.
10(6)(viii)
 Remuneration received as an employee of the Government

of a foreign State during his stay in India in connection with
his training in any undertaking owned by Government,
Government company, subsidiary of a Government
company, corporation established by any Central, State or
Provincial Act and any society wholly financed by the
Central or State Government – Sec. 10(6)(xi)
Tax paid by Government on Royalty or Fees for Technical
Service [Sec. 10(6A)]
Tax paid by Government on Income of a Non-resident or a
Foreign Company [Sec. 10(6B)]
Tax paid on Income from Leasing of Aircraft [Sec. 10(6BB)]
Tax paid by an Indian company on income arising from leasing
of aircraft, etc. to the Government of a foreign state or foreign
enterprise under an approved agreement entered into with such
Indian company engaged in the business of operation of aircraft,
provided such agreement was entered into between 1-4-1997 and
31-3-1999 or after 31-3-2007.
Fees for Technical Services in Project connected with Security
of India [Sec. 10(6C)]

Any income arising to notified foreign company by way of

royalty or fees for technical services received in pursuance of an
agreement entered into with Central Government for providing
services in or outside India in projects connected with security of
India.
Income from service provided to National Technical

Research Organization [Sec. 10(6D)]
Any income arising to a non-resident or to a foreign company, by
way of royalty from, or fees for technical services rendered in or
outside India to, the National Technical Research Organization.
Allowance or Perquisite paid Outside India [Sec. 10(7)]

Any allowance or perquisite paid outside India by the
Government to a citizen of India for rendering services outside
India.
Remuneration received for Co-operative Technical Assistance
Programmes with an Agreement entered into by the Central
Government in certain cases [Sec. 10(8)]
Remuneration received by Non-resident Consultant or
Employee or Family Member of such Consultant [Sec. 10(8A),
(8B) & (9)]
Death-cum-retirement-gratuity [Sec. 10(10)]
Explained under the head salaries
Commutation of Pension [Sec. 10(10A)]
Leave Encashment [Sec. 10(10AA)]
Workmen’s Retrenchment Compensation [Sec. 10(10B)]

Compensation under Bhopal Gas Leak Disaster Act, 1985

[Sec. 10(10BB)]
Compensation received by victims of Bhopal gas leak disaster is
fully exempted
Compensation for any Disaster [Sec. 10(10BC)]

Any amount received or receivable from the Central Government
or a State Government or a local authority by an individual or his
legal heir by way of compensation on account of any disaster,
except the amount received or receivable to the extent such
individual or his legal heir has been allowed a deduction under
this Act on account of any loss or damage caused by such disaster.
Payment under Voluntary Retirement Scheme [Sec.

10(10C)]
VRS compensation is not eligible for section 89(1) relief.
(Explained under the head salaries)
Tax paid by Employer on behalf of Employee on Non-

monetary Perquisites u/s 17(2) [Sec. 10(10CC)]
Explained under the head Salaries.
Sum received under a Life Insurance Policy [Sec. 10(10D)]

Any sum received under a life insurance policy including bonus
on such policy is wholly exempt from tax. However, exemption
is not available on

1) any sum received u/s 80DD(3) or u/s 80DDA(3); or

2) any sum received under a Keyman insurance policy; or
3) any sum received under an insurance policy issued on or after 1-
4-20121 in respect of which the premium payable for any of the
years during the term of the policy exceeds 10%2 of the actual
capital sum assured.
Payment from Statutory or Public Provident Fund

[Sec. 10(11)]
Amount withdrawn from the statutory provident fund is fully
exempted.
Payment from Sukanya Samriddhi Account [Sec.

10(11A)]
Any payment from an account, opened in accordance with the
Sukanya Samriddhi Account Rules, 2014 made under the
Government Savings Bank Act, 1873.
Payment from Recognized Provident Fund [Sec.

10(12)]
Fully exempted
Payment from National Pension Trust [Sec. 10(12A)

& 10(12B)]
Any payment from the National Pension System Trust to an
assessee on closure of his account or on his opting out of the
pension scheme referred to in sec. 80CCD, to the extent it does
not exceed 40% of the total amount payable to him at the time of
such closure or his opting out of the scheme [Sec. 10(12A)]
Any payment from the National Pension System Trust to an

employee under the pension scheme referred to in sec. 80CCD,
on partial withdrawal made out of his account in accordance with
the terms and conditions, specified under the Pension Fund
Regulatory and Development Authority Act, 2013, to the extent
it does not exceed 25% of the amount of contributions made by
him [Sec. 10(12B)]
Payment from Approved Superannuation Fund [Sec.

10(13)]
Any payment from an approved superannuation fund made
 on the death of a beneficiary; or
 to an employee in lieu of or in commutation of an annuity on

his retirement at or after a specified age or on his becoming
incapacitated prior to such retirement; or
 by way of refund of contributions on the death of a

beneficiary; or
 by way of refund of contributions to an employee on his

leaving the service (otherwise than by retirement at or after a
specified age or on his becoming incapacitated prior to such
retirement) to the extent to which such payment does not
exceed the contributions made prior to 1-4-1962 and any
interest thereon.
 by way of transfer to the account of the employee under a

pension scheme referred to in sec. 80CCD and notified by the
Central Government

House Rent Allowance [Sec. 10(13A)]

Explained under the head Salaries.
Notified Special Allowances [Sec. 10(14)]

Any special allowance or benefit but not a perquisite is specially
granted to meet certain expenditure incurred during employment.
In this case actual expenditure incurred will be exempted on the
fulfillment of certain condition mentioned in this section.
Interest on Securities [Sec. 10(15)]

1) Interest, premium on redemption or other payment on notified
securities, bonds or certificates
2) Interest in the hands of an individual and Hindu undivided
family on Specified Capital Investment Bonds or Specified
Relief Bonds
3) Interest on specified bonds to non resident or his nominees if
such bonds are purchased by a non resident Indian in foreign
exchange; and
4) The interest and principal received in respect of such bonds,
whether on their maturity or otherwise, is not allowable to be
taken out of India. Interest on securities held by the Issue
Department of the Central Bank of Ceylon;
5) Interest payable to any bank incorporated in a country outside
India and authorized to perform central banking functions in
that country on any deposits made by it, with the approval of
the RBI, with any scheduled bank;
6) Interest payable on a loan advanced by the Nordic Investment
Bank for an approved project;
7) Interest payable to the European Investment Bank for

financial co-operation agreement;
8) Interest payable by a Government, local authority, certain
industrial undertakings or financial institution on money
borrowed before 1/6/2001.
9) Interest on securities held by the Welfare Commissioner,
Bhopal Gas Victims or deposits for the benefit of the victims
of the Bhopal gas leak disaster.
10) Interest on Gold Deposit Bonds issued under the Gold Deposit
Scheme, 1999 or deposit certificates issued under the Gold
Monetization Scheme, 2015.
11) Interest on specified bonds issued by a local authority or by a
State Pooled Finance Entity.
12) Interest received by a non-resident or a person who is not
ordinarily resident, in India on a deposit made on or after 1-
4-2005 in an offshore banking unit referred in the Special
Economic Zones Act, 2005.
Scholarship [Sec. 10(16)]

Scholarships granted to meet the cost of education.
Notes:
a) Cost of education also includes incidental expenses incurred
for education.
b) The exemption is irrespective of actual expenditure.

Daily Allowance, etc. to MP and MLA [Sec. 10(17)]

Any income by way of
a) Daily allowance received by any person by reason of his
membership of Parliament or of any State Legislature or of
any Committee thereof;
b) Any allowance received by any person by reason of his
membership of Parliament;
c) Constituency Allowance received by any person by reason of
his membership of State legislature;
Awards and Rewards [Sec. 10(17A)]

Any payment made, whether in cash or in kind
a) in pursuance of any award instituted in the public interest by
the Central Government or any State Government or by any
other approved body; or
b) as a reward by the Central Government or any State
Government for approved purposes.
Pension to receiver of Gallantry Awards [Sec. 10(18)]

Any income by way of
a) pension received by an individual who has been in the service
of the Central or State Government and has been awarded
"Param Vir Chakra" or "Maha Vir Chakra" or "Vir Chakra"
or such other notified gallantry award ; or
b) family pension received by any member of the family of such
individual.
Family Pension to Widow or Children of Armed Force

[Sec. 10(19)]
Family pension received by the widow or children or nominated
heirs, of a member of the armed forces (including para-military
forces) of the Union, where the death of such member has
occurred in the course of operational duties, in such
circumstances and subject to such conditions, as may be
prescribed.
Palace of Ex-ruler [Sec. 10(19A)]

The annual value in respect of any one palace, which is in the
occupation of an ex-ruler
Income of Local Authority [Sec. 10(20)]

Following income of a local authority is exempt
a) Income chargeable under the head Income from House
Property, Capital Gains or Income from other Sources
b) Income from the supply of commodities (other than water or
electricity) or services, within its own jurisdiction
c) Income from the supply of water services or electricity within
or outside its jurisdiction
Income of Scientific Research Association [Sec.

10(21)]
Any income of a scientific research association [being approved
for the purpose of Sec. 35(1)(ii)] or research association which
has its object, undertaking research in social science or statistical

research [being approved and notified for the purpose of Sec.

35(1)(iii)], is exempt provided such association—
a) applies its income, or accumulates it for application, wholly
and exclusively to the objects for which it is established; and
b) invest or deposit its funds in specified investments.
Income of News Agency [Sec. 10(22B)]

Any income of specified news agency (Press Trust of India Ltd.,
New Delhi) set up in India solely for collection and distribution
of news shall be exempt provided:
a) The news agency applies its income or accumulates it for
application solely for collection and distribution of news; and
b) It does not distribute its income in any manner to its members.
Income of Professional Institutions [Sec. 10(23A)]

Any income (other than income chargeable under the head
“Income from house property” or any income received for
rendering any specific services or income by way of interest or
dividends derived from its investments) of professional
association shall be exempt provided
a) Such association or institution is established in India having
as its object the control, supervision, regulation or
encouragement of the profession of law, medicine,
accountancy, engineering or architecture or other specified
profession;
b) Such association or institution applies its income, or
accumulates it for application, solely to the objects for which
it is established; and
c) The association or institution is approved by the Central

Government.
Income of Regimental Fund [Sec. 10(23AA)]

Any income received by any person on behalf of any Regimental
Fund or Non-public Fund established by the armed forces of the
Union for the welfare of the past and present members of such
forces or their dependants is exempt.
Income of specified Employee Welfare Fund [Sec.

10(23AAA)]
Income of specified Pension Fund [Sec. 10(23AAB)]
Income of trust for Development of Khadi and Village
Industries [Sec. 10(23B)]
Income of Khadi and Village Industries Boards [Sec.
10(23BB)]
Income of body formed for Administration of Public
Religious or Charitable Trusts [Sec. 10(23BBA)]
Any income of anybody established under any Central, State or
Provincial Act which provides for the administration of any
public, religious or charitable trusts or endowments including
Maths, Temples, Gurudwaras, Wakfs, Churches or other places
of public religious worship or societies for religious or charitable
purposes.
Income of European Economic Community [Sec.

10(23BBB)]
Income of SAARC Fund [Sec. 10(23BBC)]
Income of ASOSAI-SECRETARIAT [Sec. 10(23BBD)]

Income of Insurance Regulatory Authority [Sec.
10(23BBE)]
Income of the Central Electricity Regulatory Commission
[Sec. 10(23BBG)]
Income of the Prasar Bharati (Broadcasting Corporation
of India) [Sec. 10(23BBH)]
Income of Certain Funds [Sec. 10(23C)]
Any income received by any person on behalf of
1. The Prime Minister's National Relief Fund; [sec. 10(23C)(i)]
2. The Prime Minister's Fund (Promotion of Folk Art); [sec.
10(23C)(ii)]
3. The Prime Minister's Aid to Students Fund; [sec.
10(23C)(iii)]
4. The National Foundation for Communal Harmony; [sec.
10(23C)(iiia)]
5. The Swachh Bharat Kosh; [sec. 10(23C)(iiiaa)]
6. The Clean Ganga Fund; [sec. 10(23C)(iiiaaa)]
7. The Chief Minister's Relief Fund or the Lieutenant Governor's
Relief Fund; [sec. 10(23C)(iiiaaaa)]
8. Any other charitable fund or institution notified by the
prescribed authority (subject to condition) [sec. 10(23C)(iv)]

9. Any trust or institution wholly for public religious purposes

or wholly for public religious and charitable purposes notified
by the prescribed authority (subject to conditions) [sec.
10(23C)(v)]
10. Any university or other education institutions, (wholly or
substantially financed by Government or having annual
receipt upto Rs. 1 crore) existing solely for education
purposes and not for profit. [sec.10(23C)(iiia), (iiiad) (vi)].
11. Any hospital or other institution (wholly or substantially
financed by Government or having annual receipt up to Rs. 1
crore) for treatment of person suffering from illness or mental
defectiveness or during convalescence or requiring medical
attention or rehabilitation, existing solely for philanthropic
purposes and not for profit. [sec.10(23C)(iiiac), (iiiae) and
(via)].
Income of Mutual Fund [Sec. 10(23D)]
Any income of
a) A Mutual Fund registered under the Securities and Exchange
Board of India Act, 1992 or regulation made there under;
b) A Mutual Fund set up by a public sector bank or a public
financial institution or authorized by the Reserve Bank of India
and subject to certain notified conditions.
Income of Securitization Trust [Sec. 10(23DA)]

Any income of a securitization trust from the activity of
securitization.
 "Securitization" shall have the same meaning as assigned

to it,

(a) in regulation 2(1)(r) of the Securities and Exchange Board

of India (Public Offer and Listing of Securitized Debt
Instruments) Regulations, 2008 made under the Securities
and Exchange Board of India Act, 1992 and the Securities
Contracts (Regulation) Act, 1956; or
(b) in clause (z) of sub-section (1) of section 2 of the
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002; or
(c) under the guidelines on securitization of standard assets
issued by the Reserve Bank of India;
 "Securitization trust" shall have the meaning assigned to

it in the Explanation below sec. 115TCA
Income of Investor Protection Fund [Sec.

10(23EA)]
Income (by way of contribution received from recognized
Stock exchange and members thereof) of Investor Protection
Fund set up by the recognized Stock Exchanges in India as the
Central Government may by notification in Official Gazette
specify shall be exempt.
Income of Investor Protection Fund set up by Commodity
Exchange [Sec. 10(23EC)]
Income of Investor Protection Fund of Depositories [Sec.
10(23ED)]
Any income, by way of contributions received from a
depository, of notified Investor Protection Fund set up in
accordance with the regulations by a depository.

However, where any amount standing to the credit of the Fund

and not charged to income-tax during any previous year is
shared, either wholly or in part with a depository, the whole of
the amount so shared shall be deemed to be the income of the
previous year in which such amount is so shared and shall,
accordingly, be chargeable to income-tax.
Income of Core Settlement Guarantee Fund [Sec.

10(23EE)]
Any specified income of such Core Settlement Guarantee
Fund, set up by a recognized clearing corporation in
accordance with the regulations notified by the Central
Government.
However where any amount standing to the credit of the Fund
and not charged to income-tax during any previous year is
shared, either wholly or in part with the specified person, the
whole of the amount so shared shall be deemed to be the income
of the previous year in which such amount is so shared.
Income of Ventures Capital Fund or Venture Capital

Company [Sec 10(23FB)]
Any income of a venture capital company or venture capital
fund from investment in a venture capital undertaking.
However, w.e.f. A.Y. 2016-17, the exemption is not
applicable to any income of a venture capital company or
venture capital fund, being an investment fund specified in
clause (a) of the Explanation 1 to sec. 115UB

Non-business income of Investment Fund [Sec.

10(23FBA)]
Any income of an investment fund other than the income
chargeable under the head “Profits and gains of business or
profession”.
Income of Unit holder [Sec. 10(23FBB)]

Any income, referred to in sec. 115UB, to a unit holder of an
investment fund, being that proportion of income which is of
the same nature as income chargeable under the head “Profits
and gains of business or profession”.
 For the purposes of sec. 10(23FBA) and (23FBB),

“investment fund” shall have the meaning assigned to it in
clause (a) of the Explanation 1 to sec. 115UB.
Income of Business Trust [Sec 10(23FC)]

Any income of a business trust by way of
a) interest received or receivable from a special purpose
vehicle; or
b) dividend referred to in sec. 115-O(7)
 “Special purpose vehicle” means an Indian company in

which the business trust holds controlling interest and any
specific percentage of shareholding or interest, as may be
required by the regulations under which such trust is
granted registration

Income of Real Estate Investment Trust [Sec.

10(23FCA)]
Any income of a business trust, being a real estate investment
trust, by way of renting or leasing or letting out any real estate
asset owned directly by such business trust.
Distributed Income to unit holder of a Business Trust

[Sec 10(23FD)]
Any distributed income, referred to in section 115UA,
received by a unit holder from the business trust, not being that
proportion of the income which is of the same nature as the
income referred to in 10(23FC)(a) or 10(23FCA)
Income of Trade Union [Sec. 10(24)]

Any income chargeable under the heads “Income from house
property” and “ Income from other sources” of –
a) a registered union within the meaning of the Indian Trade
Unions Act, 1926, formed primarily for the purpose of
regulating the relations between workmen and employers or
between workmen and workmen.
b) an association of registered unions
Income of specified Provident Funds, etc. (e.g. RPF,

Superannuation fund, Approved gratuity fund) [Sec.
10(25)]
Income of Employees' State Insurance Fund [Sec.
10(25A)] Income of Scheduled Tribe [Sec. 10(26)]
Following income of member of a Scheduled Tribe is exempt

a) from any source in specified areas or States; or

b) by way of dividend or interest on any securities.
c) provided he resides in specified area or States.
Income of Sikkimese [Sec. 10(26AAA)]

Following income of an individual, being a Sikkimese, is
exempt:
i) from any source in the State of Sikkim; or
ii) by way of dividend or interest on securities:
Note: The exemption is not available to a Sikkimese woman
who, on or after 1/4/2008, marries an individual who is not a
Sikkimese.
Income of an Agricultural produce Market

Committee [Sec. 10(26AAB)]
Income of an agricultural produce market committee or board
constituted under any law for the time being in force for the
purpose of regulating the marketing of agricultural produce is
exempt.
Income of Corporation for promoting the Interests of the

Members of the Scheduled Castes or the Scheduled
Tribe or Backward Classes [Sec. 10(26B)]
Income of Corporation for promoting Interest of
Members of a Minority Community [Sec. 10(26BB)]
Income of Corporation for the Welfare and Economic
Upliftment of Ex-servicemen [Sec. 10(26BBB)]
Income of a Co-operative Society for promoting the

Interests of the Members of Scheduled Castes or
Scheduled Tribes [Sec. 10(27)]
Income of specified Boards [Sec. 10(29A)]
Any income accruing or arising to The Coffee Board; The
Rubber Board; The Tea Board; The Tobacco Board; The
Marine Products Export Development Authority; The Coir
Board; The Agricultural and Processed Food Products Export
Development Authority and The Spices Board.
Subsidy received from Tea Board [Sec. 10(30)]

Any subsidy received from or through the Tea Board under
any scheme for replantation or replacement of tea bushes or for
rejuvenation or consolidation of areas used for cultivation of
tea as the Central Government may specify, is exempt
Subsidy received from other Board [Sec. 10(31)]

Any subsidy received from or through the concerned Board
(like Coffee Boards, Rubber Board, etc.) under any such
scheme for replantation or replacement of rubber plants, coffee
plants, cardamom plants or plants for the growing of such other
commodity or for rejuvenation or consolidation of areas used
for cultivation of rubber, coffee, cardamom or such other
specified commodity is exempt.
Income of Minor [Sec. 10(32)]

Income up to Rs. 1,500 is exempt in respect of each minor
child whose income is clubbed u/s 64(1A).

Income on Transfer of Units of US 64 [Sec. 10(33)]

Any income arising from the transfer of a capital asset, being a
unit of the Unit Scheme, 1964 where such transfer takes place
on or after the 1st day of April, 2002.
Dividend Income [Sec. 10(34)]

Any income by way of dividend declared, paid or distributed
by a domestic company. The exemption is not available on
dividend chargeable to tax in accordance with the provisions
of sec. 115BBDA.
Income of Shareholder on Buy-back of Shares [Sec.

10(34A)]
Any income arising to an assessee, being a shareholder, on
account of buy back of shares (not being listed on a recognised
stock exchange) by the company, which pay additional income-
tax u/s 115QA.
Income from Units [Sec. 10(35)]

Any income (other than income on transfer of unit) on the
following units –
a) income received in respect of the units of a Mutual Fund
specified u/s 10(23D);
b) income received in respect of units from the Administrator
of the specified undertaking as defined in the Unit Trust of
India (Transfer of Undertaking and Repeal) Act, 2002;
c) income received in respect of units from the company
specified in the Unit Trust of India (Transfer of Undertaking
and Repeal) Act, 2002.
Capital Gain on compulsory Acquisition of Urban Land

[Sec. 10(37)]
Refer Chapter Capital Gains
Capital Gain on transfer under Land Pooling Scheme

for Andhra Pradesh [Sec. 10(37A)]
Refer Chapter Capital Gains
Specified Income, Arising from any International

Sporting Event [Sec. 10(39)]
Any specified income, arising from any international sporting
event held in India, to the person(s) notified by the Central
Government in Official Gazette, if such international sporting
event –
a) is approved by the International body regulating the
international sport relating to such event;
b) has participation by more than 2 countries;
c) is notified by the Central Government in the Official
Gazette for the purpose of this clause.
Note: For the purpose of this clause “the specified income”
means the income, of the nature and to the extent, arising from
the international sporting event, which the Central
Government may notify in this behalf.
Reconstruction or Revival of Power Generation

Subsidiary Company [Sec. 10(40)]
Any income of any subsidiary company by way of grant or
otherwise received from an Indian company, being its holding
company engaged in the business of generation, transmission

or distribution of power, if such receipts is for the settlement of
dues in connection with reconstruction or revival of an
existence business of power generation.
Note: The above clause is applicable if reconstruction or
revival of any existing business of power generation is by way
of transfer of such business to the Indian company notified u/s
80-IA (4)(v)(a).
Income of a Non-profit Body or Authority specified

by the Central Government [Sec. 10(42)]
Any specified income arising to a body or authority which -
 has been established or constituted or appointed under a

treaty or an agreement entered into by the Central
Government with tow or more countries or a convention
signed by the Central Government;
 is established or constituted or appointed not for the

purpose of profit;
 is notified by the Central Government.
Reverse Mortgage [Sec. 10(43)]

Any amount received by an individual as a loan, either in lump
sum or in installment, in a transaction of reverse mortgage is
exempt.
New Pension Trust [Sec. 10(44)]

Any income received by any person for, or on behalf of, the
New Pension System Trust is exempt

Allowance or Perquisite to member of Union Public

Service Commission [Sec. 10(45)]
Any allowance or perquisite, as may be notified by the Central
Government in the Official Gazette in this behalf, paid to the
Chairman or a retired Chairman or any other member or retired
member of the Union Public Service Commission is exempt
Specified Income of notified body or authority or

Board or Trust or Commission [Sec. 10(46)]]
Any specified income arising to a body or authority or Board
or Trust or Commission (by whatever name called), or a class
thereof, which —
a) has been established or constituted by or under a Central,
State or Provincial Act, or constituted by the Central
b) Government or a State Government, with the object of
regulating or administering any activity for the benefit of
the general public;
c) is not engaged in any commercial activity; and
d) is notified by the Central Government in the Official
Gazette
Infrastructure Debt Fund [Sec. 10(47)]

Any income of notified infrastructure debt fund is exempt.
Import of Crude Oil [Sec. 10(48)]

Any income received in India in Indian currency by a foreign
company on account of sale of crude oil or other notified goods

or service to any person in India provided:

a) receipt of such income in India by the foreign company is
pursuant to an agreement or an arrangement entered into by
the Central Government or approved by the Central
Government;
b) having regard to the national interest, the foreign company
and the agreement or arrangement are notified by the
Central Government in this behalf; and
c) the foreign company is not engaged in any activity, other
than receipt of such income, in India.
Storage of Crude Oil [Sec. 10(48A)]

Any income accruing or arising to a foreign company on
account of storage of crude oil in a facility in India and sale of
crude oil there from to any person resident in India provided:
i) the storage and sale by the foreign company is pursuant to
an agreement or an arrangement entered into by the Central
Government or approved by the Central Government; and
ii) having regard to the national interest, the foreign company
and the agreement or arrangement are notified by the
Central Government in this behalf.
Sale of leftover stock of crude oil [Sec. 10(48B)]
Any income accruing or arising to a foreign company on
account of sale of leftover stock of crude oil, if any, from the
facility in India after the expiry of the agreement or the
arrangement referred to sec. 10(48A) or on termination of the
said agreement or the arrangement, in accordance with the
terms mentioned therein, as the case maybe.
Equalization Levy [Sec. 10(50)]

Any income arising from any specified service provided on or
after the date on which the provisions of Chapter VIII of the
Finance Act, 2016 comes into force and chargeable to
equalization levy under that Chapter.
Expenditure related to Exempted Income [Sec. 14A]

For the purposes of computing the total income, no deduction
shall be allowed in respect of expenditure incurred by the
assessee in relation to income, which does not form part of the
total income under this Act. Where the AO is not satisfied with
the correctness of the claim of such expenditure by assessee,
he can determine the disallowable expenditure in accordance
with the method prescribed by the CBDT.
Special Provision in respect of Newly Established

Units in SEZ [Sec. 10AA] Applicable to: All assessee
Conditions to be satisfied
1) The assessee is an entrepreneur as defined in Sec. 2(j) of
SEZ Act, 2005.
2) The undertaking has begun or begins to manufacture or
produce articles or things or provide services on or after
01/04/2005 but before 31/03/2020 in any SEZ.
3) New Business: Business should not be formed by splitting
up or reconstruction of an existing business.
Exception:
However, this condition is not applicable when conditions
given u/s 33B are satisfied, which are as follows –

(a) The business of an industrial undertaking carried on in

India is discontinued in any previous year by reason of
extensive damage to, or destruction of, any building,
machinery, plant or furniture owned by the assessee being
used for business purpose.
(b) Such damage was caused due to –
i) flood, typhoon, hurricane, cyclone, earthquake or other
convulsion of nature; or
ii) riot or civil disturbance; or
iii) accidental fire or explosion; or
iv) action by an enemy or action taken in combating an enemy
(whether with or without a declaration of war),
(c) Such business is re-established, reconstructed or revived
by the assessee at any time before the expiry of 3 years
from the end of previous year in which such damage was
caused.
4) New Plant and Machinery: Such undertaking should not
be formed by transfer of machinery or plant previously
used for any purpose
Exception:
a) A plant or machinery is deemed as a new asset if the
following conditions are satisfied –
i) Such plant or machinery is imported into India;
ii) Depreciation on such asset has not been allowed under this
Act to any person; and

iii) The assessee was the first user of such asset in India.
b) Where the total value of old plant and machinery
transferred to the new business does not exceed 20% of
total value of plant and machinery used in such business,
then this condition is deemed to be satisfied.
5) A report of a chartered accountant in Form 56F must be
filed with the return of income certifying that the deduction
has been correctly claimed.

Module II
Computation of Income under Different
Heads:
Income from Salaries
Basic Elements of Salary
 Payer and payee must have employer and employee (or
Master & Servant) relationship; and
 Payment must have been made by the employer in such

capacity.
Employer-employee relationship
A payment can be construed as salary only if the payer is the
employer and payee is the employee of the payer.
 Criteria for employer-employee relationship: The key

criteria to hold this relationship is that, employee is always
bound to work as per direction and supervision of the
employer.
 Payment in employer’s capacity: To treat any payment as

salary it is necessary that payer, being the employer, must
have made the payment in such (employer’s) capacity.
 Contract of service Vs contract for service: In “contract of

service”, the employer can direct and control the duties and
the manner of performance of employee hence employer-

employee relationship exists in such contract. However, in

case of “contract for service” the contractee can simply
decide and quote the object or target to be achieved but
cannot decide or direct the manner of performance.
 Agent and Principal: If a person is acting as an agent for

his principal, any commission or remuneration earned by
the agent is not taxable under the head “Salaries”. This is
because, an agent is not the employee of his principal.
 Salary received by a partner from its firm shall not be

taxable as salary, because there is no employer-employee
relationship between the firm and the partner. Such salary
shall be taxable under the head “Profits & gains of business
or profession”.
 Salary received by proprietor from his proprietorship

firm is not an income. As proprietor and proprietorship firm
are the same person and no one can earn from himself.
 Remuneration to director from his company can be

treated as salary only if the director is employee of the
company, otherwise the same shall be taxable under the
head “Income from other sources”. Note: Directors’ sitting
fee is taxable under the head “Income from other sources”.
 Pension received by the widow or legal heir of deceased

employee is not taxable as salary as no employer-employee
relationship exists between the payer and the payee.
However such amount shall be taxable under the head
“Income from other sources”.
 Remuneration received by Judges is taxable under the

head “Salaries” even though they are not having any
employer.
Concluding the above discussions, a payment received for

services rendered, from a person other than employer, is not
taxable under the head “Salaries” but may be taxed under the
head “Profits & gains of business or profession” or “Income
from other sources”.
ILLUSTRATION
State whether the following receipts should be treated as
salary or not?
 A teacher receives emoluments in kind from school in

which he teaches.
Yes, it is immaterial whether salary has been received in cash
or in kind.
 A teacher of a college receives fees from a University for

checking answer sheets.
No, as employer – employee relationship does not exist
between payer and payee. (College-teacher is not the employee
of the University). Such receipt shall be taxable under the head
‘Income from other sources’.
 A payment made to the Member of the Parliament or

the State legislature.
No, as employer-employee relationship does not exist.
A member of the Parliament or the State legislature is not
treated as employee of the Government. Payment received by
them shall be taxable under the head “Income from other
sources”.

Definition of Salary [Sec. 17(1)]

As per sec. 17(1) of the Income-tax Act, 1961, salary
includes the following:
a) Wages;
b) Any annuity or pension;
c) Any gratuity;
d) Any fees, commission, perquisite or profits in lieu of or in
addition to any salary or wages;
e) Any advance of salary;
f) Any payment received in respect of any period of leave not
availed of by the assessee;
g) The portion of the annual accretion in any previous year to
the balance at the credit of an employee, participating in
recognized provident fund, to the extent it is taxable;-
h) Transferred balance in a Recognized Provident Fund to the
extent it is taxable.
i) Contribution made by the employer in the previous year,
to the account of an employee under a pension scheme
referred to in sec. 80CCD [National Pension Scheme and
Atal Pension Yojana].
Basis of Charge [Sec. 15]

Salary is chargeable to tax either on ‘due’ basis or on ‘receipt’
basis, whichever is earlier.

Hence, taxable salary includes:

a) Advance salary (on ‘receipt’ basis): Salary paid in advance
is taxable under the head ‘Salaries’ in the year of receipt.
Note: Such advance salary shall not be included again in
the total income when the salary becomes due.
b) Outstanding salary (on ‘due’ basis): Salary falling due is
taxable under the head ‘Salaries’ in the year in which it falls
due. Note: Such due salary shall not be included again in
the total income when it is received.
c) Arrear salary: Any increment in salary with retrospective
effect which have not been taxed in the past, such arrears
will be taxed in the year in which it is allowed. Arrear salary
are taxable on receipt basis.
Advance Salary Vs Advance against Salary

‘Advance salary’ is taxable u/s 17(1)(e) whereas ‘Advance
against salary’ is treated as loan hence, not taxable under the
head “Salaries”.
Place of accrual of salary

Salary which is received in India or earned in India shall be
taxable in hands of all assessee whether resident or non
resident in India. Salary is deemed to be earned in India
provided -
(a) The service is rendered in India;
(b) The rest period or leave period, which is preceded and
succeeded by the service rendered in India and forms part
of the service contract of employment.

Principles of salary
1. Employee employer relationship
2. Salary from a former employer
3. Place of accrual of salary income
4. Foregoing salary
5. Tax free salary
6. Surrender of salary
7. Accrual basis
8. Payment made after termination
Scope of salary
1. Basic salary or wages
2. Advance pay
3. Arrears of salary
4. Dearness pay
5. Annuity
6. Pension
Computation of Salary, at a Glance…

Computation of income under the head “Salaries” of ….. for the
A.Y. ……

Deta Amou
Particulars ils nt
Basic Salary *****
Fees *****
Commission *****
Bonus *****
Gratuity *****
Leave Encashment *****
Pension *****
Retrenchment Compensation *****
Compensation received under Voluntary
Retirement Scheme *****
Allowances:
Dearness Allowance (DA) /Dearness Pay (DP) ****
House Rent Allowance ****
Children Education Allowance ****
Children Hostel Allowance ****
Entertainment Allowance ****
Medical Allowance ****
Conveyance Allowance ****
City Compensatory Allowance ****
Uniform Allowance ****
Professional Development Allowance ****

Transport Allowance ****

Other Allowances **** *****
Perquisites u/s 17 (2)
Any Obligation of Employee paid by Employer ****
Accommodation ****
Shares and securities issued under ESOP ****
Employer’s Contribution to Superannuation
Fund ****
Gas, Electricity & Water ****
Medical Facility ****
Other fringe benefits **** *****
Leave Travel Concession *****
Contribution of Employer to Provident Fund *****
Interest on Recognised Provident Fund *****
Any other item *****
Gross Salary ******
Less: Deduction u/s 16
(ia) Standard Deduction ****
(ii) Entertainment Allowance ****
(iii) Tax on employment/Professional tax **** ****
Taxable Salary ******
 Basic Salary: It is the sum paid by employer to employee as
salary and shall be fully taxable.

 Pay-Scale (Grade system): It is a system of payment where

increment scale is pre-known to employee. E.g. Basic salary
is given as 5,000 – 1,000 – 8,000 – 2,000 – 12,000. The above
data indicates the increment schedule. As per this schedule
initial payment is Rs. 5,000 p.m. which will increased by Rs.
1,000 every year until salary reaches to Rs. 8,000 p.m. Once
salary reaches to Rs. 8,000 then increment will be Rs. 2,000
every year till salary reaches the scale of Rs. 12,000.
Accordingly, basic salary is calculated.
 Dearness Allowance (DA) or Dearness Pay (DP): It is an

extra amount given to an employee to meet the burden of
inflation or increased cost of living. This is fully taxable.
 Fees: An employee may be given apart from basic salary,

extra remuneration for doing specific job under the terms of
employment. Such extra remuneration is termed as fee and
shall be fully taxable.
 Commission: It may be as a percentage of turnover or as a

percentage of profit. In either case, it is taxable.
 Bonus: Bonus may be contractual or voluntary. In either

case, it is fully taxable.
ALLOWANCES
Allowance means fixed quantum of money given regularly in
addition to salary to meet particular requirement. The name of
particular allowance may reveal the nature of requirement, e.g.
House Rent Allowance, Tiffin Allowance, Medical Allowance
etc.

Allowances at a glance:
House Rent Allowance, City
Compensatory Allowance,
General Allowance Tiffin Allowance, Medical
Allowance, Servant Allowance,
Entertainment Allowance
Allowance u/s 10(14)(i), Travel or Transfer allowance,

deductions from which Daily Allowance, Conveyance
depends upon actual Allowance, Assistant
expenditure [Rule 2BB(1)] Allowance, Professional
Development Allowance,
Uniform Allowance
Few of these allowances are:

Children Education Allowance,
Allowance u/s 10(14)(ii), Children Hostel Allowance,
deductions from which do Truck Drivers’ Allowance,
not depend upon actual Transport Allowance, Tribal
expenditure [Rule 2BB(2)] Areas Allowance, Special
Compensatory Allowance,
Border Area Allowance, etc.
Allowances to a Government employee being an Indian

citizen working outside India [Sec. 10(7)]
Allowances received from UNO
Compensatory allowance under Article 222(2) of the

Constitution
Allowance to judges of the High Court and the Supreme

Court

Allowances to teacher / professor from SAARC Member

States
Allowance or Perquisite to member of Union Public Service

Commission [Sec. 10(45)]
Any other Allowance
Tax treatment of various allowances are as follows

Following allowances are fully taxable:
Allowances Meaning
City An allowance to meet personal expenses,

Compensatory which arise due to special circumstances, or
Allowance to compensate extra expenditure by reason of
posting at a particular place.
Tiffin An allowance to meet the expenditure on

Allowance tiffin, refreshment etc.
Medical An allowance to meet the expenditure on

Allowance medical treatment etc.
Servant An allowance to meet the expenditure of

Allowance servant for personal purpose.
Non-practicing Allowance given to professionals to

Allowance compensate them for restriction on private
practice.
Warden or Allowances given to employees of educational

Proctor institutions for working as warden of the
Allowance hostel or working as proctor in the

institutions.
Deputation Allowances given to an employee, when he is

Allowance sent on deputation for a temporary period
from his permanent place of service.
Entertainment It is an allowance to meet expenditure on

Allowance entertainment, by whatever name called.
Government employee can claim deduction
u/s 16(ii) discussed later in this chapter.
House rent allowance (HRA) [Sec. 10(13A) and rule 2A]

An allowance to meet the expenses in connection with the
rent of the house, by whatever name called.
Tax Treatment: Minimum of the following is exempted
from tax:
(a) Actual HRA received.
(b) An amount equal to 50% of salary1 (when house is situated
in a metro city) or 40% of salary (when house is situated in
any other place) for the relevant period
(c) The excess of rent paid over 10% of salary. [Arithmetically,
(Rent Paid – 10% of Salary)]
Salary here means: Basic + D.A. (if it forms a part of retirement
benefit) + Commission as a fixed % on turnover.
Notes
a) Salary shall be determined on due basis for the period for

which the employee occupies rented accommodation in the
previous year and gets HRA.
b) Exemption is not available if employee lives in his own house,

or in a house for which he does not pay any rent.
c) For criteria of 50% or 40% of salary as deduction, place of
employment is not significant but place where the house is
situated is important.
d) Deduction from HRA depends on Salary of the employee,
Amount of HRA, place of residence (not place of
employment), rent paid by the employee.
Illustration 1
Mr. Y, a resident of Ajmer, receives Rs. 48,000 as basic salary
during the previous year 2020-21. In addition, he gets Rs. 4,800
as dearness allowance forming part of basic salary, 7%
commission on sales made by him (sale made by X during the
relevant previous year is Rs. 86,000) and Rs. 6,000 as house rent
allowance. He, however, pays Rs. 5,800 as house rent. Determine
the quantum of exempted house rent allowance.
Solution
Computation of taxable house rent allowance of X for the
A.Y. 2021-22
Particulars Details Amount

(Rs.) (Rs.)
House Rent Allowance Received 6,000
Less: Minimum of the following

being exempted u/s 10(13A)
a) Actual Amount Received 6,000

b) 40% of Salary (Note) 23,528
c) Rent paid – 10% of salary [Rs. Nil Nil

5,800 – Rs. 5,882]
Taxable House Rent Allowance 6,000
Note: Salary for the purpose of HRA

Basic salary Rs. 48,000
Dearness Allowance Rs. 4,800
Commission (7% of Rs. 86,000) Rs. 6,020
Total Rs. 58,820
Hence, exemption u/s 10(13A) is Nil.
Illustration 2
Compute the taxable house rent allowance of Mr. Harikumar
from the following data:
 Basic Salary Rs. 5,000 p.m., D.A. Rs. 2,000 p.m., HRA Rs.
4,000 p.m., Rent paid Rs. 4,000 p.m. in Pune.
 On 1/07/2020, there is an increment in Basic salary by Rs.

1,000.
 On 1/10/2020, employee hired a new flat in Kolkata at the

same rent as he was posted to Kolkata.
 On 1/01/2021, employee purchased his own flat and resides

there.

Solution
Computation of taxable house rent allowance of Mr.

Harikumar for the A.Y. 2021-22
Particulars Details Amount Amount
(Rs.) (Rs.) (Rs.)

(from 1.4.2020 to 30.6.2020)

(a)Actual Amount Received 12,000
(b) 40% of Salary [(Rs. 5,000 + Rs. 8400

2,000) × 3]
c) Rent paid – 10% of salary (Rs. 9900 8400 3600

12,000 – Rs. 2,100)

(from 1.7.2020 to 30.9.2020)

(a) Actual Amount Received 12,000
b) 40% of Salary [(Rs. 6,000 + Rs. 9600

2,000) × 3]
(c) Rent paid – 10% of salary (Rs. 9600 9600 2400

12,000 – Rs. 2,400)


(from 1.10.2020 to 31.12.2020)

a) Actual Amount Received 12,000
(b) 50% of Salary [(Rs. 6,000 + Rs. 12,000

2,000) × 3]
c) Rent paid – 10% of salary (Rs. 9600 9600 2400

12,000 – Rs. 2,400)
House Rent Allowance Received

(from 1.1.2021 to 31.3.2021)
(Fully taxable as assessee resides in 12000

his own house)
Taxable House Rent Allowance 20400
Special allowance exempt u/s 10(14)

Allowances, deduction from which depends on actual
expenditure [Sec. 10(14)(i)]
Allowance Meaning
Travel or An allowance, by whatever name called, to
transfer meet the cost of travel on tour. Cost of travel
Allowance includes any sum paid in connection with
transfer, packing and transportation of personal
effects on such transfer.

An allowance, by whatever name called,

Daily granted on tour (or for the period of journey in
Allowance connection with transfer) to meet the ordinary
daily charges incurred by employee on account
of absence from his normal place of duty.
Any allowance granted to meet the expenditure
on conveyance in performance of duties of the
office, provided free conveyance is not
Conveyance provided by the employer.
Allowance
Taxpoint: Expenditure for covering the
journey between office and residence is not
treated as expenditure in performance of duties
of office and consequently not covered under
this allowance. (Refer Transport allowance)
Any allowance (by whatever name called) to
Helper / meet the expenditure of assistant or helper,
Assistant provided such helper is appointed for the
Allowance performance of duties of an office.
Taxpoint: Servant allowance is fully taxable.
Research Any allowance, by whatever name called,
Allowance granted to encourage academic, research and
other professional pursuits. This allowance may
also be termed as Professional Development /
Academic allowance
Any allowance, by whatever name called, to
Uniform meet the expenditure on purchase or
Allowance maintenance of uniform wear, during the
performance of duties of an office.
Taxpoint: Uniform allowance is different from
Dress allowance. Dress allowance is fully
taxable.
Tax Treatment of aforesaid allowances:

Minimum of the following shall be exempted:
(a) Actual amount received; or
(b) Actual expenditure incurred for such purpose.
Allowances, deduction from which do not depend on

actual expenditure [Sec. 10(14)(ii)]
Children Education Allowance
An allowance to meet the expenses in connection with
education of children, by whatever name called.
Treatment: Minimum of the following is exempted from tax -
(a) Rs. 100 per month per child (to the maximum of two
children)
(b) Actual amount received for each child (to the maximum of
two children)
Children Hostel Allowance
An allowance to meet the hostel expenses of children, by
whatever name called.
Treatment: Minimum of the following is exempted from tax –
(a) Rs. 300 per month per child (to the maximum of two
children)
(b) Actual amount received for each child (to the maximum of
two children)

Notes for Children Education Allowance and Hostel

Allowance:
a)Child includes adopted child, step-child but does not include
illegitimate child and grandchild.
b)Child may be major or minor child.
c)Deduction is available irrespective of actual expenditure
incurred on education of child.
Illustration 3
Mr. Mohan, received education allowance of Rs. 80 p.m. for
his 1st child, Rs. 90 p.m. for his 2nd child and Rs. 120 p.m. for
his 3rd child. He also received hostel allowance of Rs. 1,000
p.m. None of his children are studying. Find taxable Children
Education Allowance and Hostel allowance.
Solution
Computation of taxable children education allowance for
Mr. Mohan for the A.Y. 2021-22
Hostel allowance 12000
Less: Exempted (Rs. 300 × 2

× 12) 7,200 4,800
Children Education
allowance [(Rs. 80 × 12) +
3,480
(Rs. 90 × 12) + (Rs. 120 ×
12)] 1,200

Less: Exempted {(Rs. 100 +

2,280
Rs. 90) × 12}
Taxable Allowance 6,000

Note: Education allowance is allowed for any two children of
assessee therefore education allowance of first child (which is
the lowest one i.e. Rs. 80 only) is not considered, to avail higher
deduction.
Illustration 4
Mr. & Mrs. X have three children and two of them are not
studying. Both Mr. & Mrs. X are working in A Ltd. and getting
children education allowance Rs. 500 per month and hostel
allowance Rs. 1,000 per month. Compute taxable children
education allowance and hostel allowance.
Particulars Mr. X Mrs. X

Details Amount Details Amount
(Rs.) (Rs.) (Rs.) (Rs.)
Education allowance (Rs. 6,000
500 × 12) 6000
Less: Exemption (Rs. 100 2,400 3,600 2,400 3,600
× 12 × 2)
Hostel Allowance (Rs.
1,000 × 12) 12,000 12,000
Less: Exemption (Rs. 300 7,200 4,800 7,200 4,800
× 12 × 2)
Taxable Allowance 8,400 8,400

Truck Driver’s Allowance

Any allowance (by whatever name called) 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
such employee is not in receipt of daily allowance.
Treatment: Minimum of the following shall be exempted:
(a) 70% of allowance.
(b) Rs. 10,000 p.m.
Tax point: If assessee is in receipt of Daily allowance then
above allowance shall be fully taxable.
Transport Allowance
An allowance, by whatever name called, to meet the
expenditure for the purpose of travelling between the place of
residence and the place of duty.
Available to: Assessee is blind / deaf and dumb /
orthopedically handicapped.
Treatment: Minimum of the following shall be exempted:
a. Actual amount received; or
b. Rs. 3,200 p.m.
Tax point: No exemption is available to the assessee other
than specified above.

Allowance to Government employees outside India

As per sec. 10(7), any allowance or perquisite allowed outside
India by the Government to an Indian citizen for rendering
services outside India is wholly exempt from tax.
Tax point:
1. Assessee must be -
a) Government employee
b) Citizen of India; and
c) Working outside India
Any allowance or perquisite to such employee shall be
exempted u/s 10(7)
Allowance received from UNO (United Nations
Organization)
Basic salary or Allowance paid by the UNO to its employees
are not taxable.
Compensatory allowance under Article 222(2) of the
Constitution
It is fully exempt from tax.
Allowance to judges of the High Court or the Supreme Court
Any allowance paid to Judges of the High Court u/s 22A(2) and
sumptuary allowance u/s 22C of the “High Court Judges
(Conditions of Service) Act, 1954” is not taxable. Allowance
to the Supreme Court Judges u/s 23B of the “Supreme Court
Judges (Conditions of Service) Act, 1958” is also exempt.
Salary to teacher or professor from SAARC Member States

[DTAA]
Salary including allowances and perquisites of a teacher or
professor or research scholars from SAARC Member States
shall not be taxable if following conditions are satisfied:
1. Such professor, teacher or research scholar is a resident of
other SAARC member State (i.e., Bangladesh, Bhutan,
India, Maldives, Nepal, Pakistan & Sri Lanka) prior to
visiting another member State.
Tax point: An individual is deemed to be a resident of a
member State if he/she is resident in that member State in the
fiscal year in which he visits the other member State or in the
immediately preceding fiscal year.
2. Such visit is for the purposes of teaching or engaging in
research or both at a university or college or similar
approved institution in that other Member State.
3. The remuneration from aforesaid activities in other
Member State is exempt for a period of 2 years from the
date of arrival in the other member State.
Allowance or Perquisite to member of Union Public Service
Commission [Sec. 10(45)]
Any allowance or perquisite, as may be notified by the Central
Government in the Official Gazette in this behalf, paid to the
Chairman or a retired Chairman or any other member or retired
member of the Union Public Service Commission is exempt.

PERQUISITE [SEC. 17(2)]

Meaning and Chargeability
In common parlance, perquisite means, any casual
emoluments or benefits attached to an office or position, in
addition to salary or wages, which is availed by an employee.
In other words, perquisites are the benefits in addition to
normal salary.
As per sec. 17(2) of the Income tax Act, Perquisite includes –
i. Value of rent-free accommodation provided by the
employer.
ii. Value of concession in rent in respect of accommodation
provided to the assessee by his employer.
iii. The value of any benefit or amenity granted or provided
free of cost or at concessional rate to ‘specified employees’.
iv. Amount paid by an employer in respect of any obligation
which otherwise would have been payable by the employee.
Tax point: Any obligation of the employee met by employer
shall be taxable on cash basis i.e. in the year in which amount
is paid by the employer.
Example: Employer paid employees’ professional tax liability
pertaining to period 2019-20 in April 2020, such perquisite
shall be taxable in the previous year 2020-21.
v. Sum payable by an employer, whether directly or through a
fund other than recognised provident fund or approved
superannuation fund or deposit-linked insurance fund, to
effect an assurance on the life of the assessee or to effect a
contract for an annuity.
Tax point: Such sum shall be taxable on accrual basis.

vi. 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.
vii. Any contribution in excess of Rs. 1,50,000 to an approved
superannuation fund by the employer in respect of the
assessee.
viii. The value of any other fringe benefit or amenity as may be
prescribed.
Notes:
a) Perquisites are taxable under the head “Salaries” only if,
they are:
● Allowed by an employer to his employee or any member of
his household.
● Resulting in the nature of personal advantage to the
employee.
● Derived by virtue of employee’s authority.
b) Perquisite may be contractual or voluntary. In other words, it
is not necessary that the benefit must have been received
under an enforceable right.
c) Perquisite may be received from the former, present or
prospective employer
d) Member of household includes:

● Spouse (whether dependent or not)

● Parents (whether dependent or not);
● Servants; and
● Children and their spouse (whether dependent or not);
● Dependents.
Specified employees [Sec. 17(2)(iii)]

Specified employee means:
1.A director employee.

Note: It is immaterial -
a) whether he is a nominee of the workers, financial institutions,
etc. on the board;
b) whether the employee is full time director or a part time; and
c) whether he was a director throughout the previous year or not.
Tax point:
■A director-employee shall be treated as specified employee of
that company only.
Example: If Manu is working with X Ltd. as director-
employee and with Y Ltd. as employee only, she will be
treated as specified employee only for X Ltd. and not for Y
Ltd.
■ Directoreven for a day is construed as specified employee of
such company.

2.An employee who has substantial interest in the

employer company.
Substantial interest means the employee who beneficially
holds 20% or more voting power in the employer company.
Tax point:
 Such employee shall be treated as specified employee of

that company only.
 The main criteria is beneficial ownership and not the legal

ownership.
 Substantial interest must be held by the assessee

individually, and not together with relative.
Example: Mr. Mohan holds 18% equity share of X Ltd. and

his wife holds 7% equity share of the same company. In such
case Mr. Mohan will not be treated as specified employee.
3.An employee whose aggregate salary from all employers
together exceeds Rs. 50,000 p.a.
For computing the sum of Rs. 50,000, following are to be
excluded/deducted:
a) All non-monetary benefits;
b) Non-taxable monetary benefits;
c) *Deduction u/s 16(ia), 16(ii) and 16(iii) [Discussed later in this
chapter]; and
d) Employer’s contribution to Provident Fund.
Tax point:

■ Where salary is received from two or more employers, the

aggregate salary from all employers shall be considered for
calculation of above ceiling. And if aggregate salary exceeds
Rs. 50,000 p.a. the employee shall be treated as specified
employee of all employers.
Example: Mr. Rohan is working with X & Co. and Y Ltd. His
taxable monetary salary from X & Co. is Rs. 36,000 p.a. and
from Y Ltd. is Rs. 45,000 p.a. Since the aggregate salary is
more than Rs. 50,000 p.a. Mr. Rohan will be treated as
specified employee for both the employer i.e. X & Co. and Y
Ltd.
■ Even ‘DA not forming a part of salary for retirement benefit’
shall be included in salary, while determining the above limit
of Rs. 50,000 p.a.
Exempted Perquisites
Following perquisites are exempted in hands of employee:
1. Tea or snacks: Tea, similar non-alcoholic beverages and
snacks provided during working hours.
2. Food: Food provided by employer in working place.
3. Recreational facilities: Recreational facilities extended to
a group of employees.
4. Goods sold to employee at concessional rate: Goods
manufactured by employer and sold by him to his employees
at concessional (not free) rates.
5. Conveyance facility: Conveyance facility provided –
 to employees for journey between office and residence and
vice versa.
 to the judges of High Court and Supreme Court

6. Training: Amount spent on training of employees including
boarding & lodging expenses for such training.
7. Services rendered outside India: Any perquisite allowed
outside India by the Government to a citizen of India for
rendering services outside India.
8. Contribution in some specified schemes

● Employer’s contribution to a pension or deferred annuity
scheme.
● Employer’s contribution to staff group insurance scheme.
● Annual premium paid by the employer on personal accident
policy affected by him in respect
of his employee.
9. *Loans
● Loangiven at nil or at concessional rate of interest by the

employer provided the aggregate amount of loan does not
exceed ` 20,000.
● Interestfree loan for medical treatment of the diseases
specified in Rule 3A.
*Medical facility: A provision of medical facility at office is
exempt.
Note: However, medical allowance is fully taxable.
10. Periodicals and journals: Periodicals and journals required
for discharge of work.
11. Telephone, mobile phones: Expenses for telephone,

mobile phones actually incurred on behalf of employee by
the employer whether by way of direct payment or
reimbursement.
12. *Free education facility: Free education facility to the
children of employee in an institution owned or maintained
by the employer provided cost of such facility does not
exceed ` 1,000 p.m. per child.
Note: Such facility is not restricted to two children as in case
of Children Education allowance.
13. Computer or Laptop: Computer or Laptop provided
whether to use at office or at home (provided ownership is
not transferred to the employee).
14. *Movable assets: Sale or gift of any movable asset (other
than car and electronic items) to employee after being used
by the employer for 10 or more years.
15. *Leave Travel Concession: Leave Travel Concession
(LTC) subject to few conditions.
16. Rent-free accommodation
● Rent-free official residence provided to a Judge of a High

Court or the Supreme Court.
● Rent-free furnished residence (including maintenance
thereof) to Official of Parliament, a Union Minister or a
Leader of opposition in Parliament.
17. *Accommodation: Accommodation provided -

● on transfer of an employee in a hotel for a period not exceeding

15 days in aggregate.
● in a remote area to an employee working at a mining site or an
onshore exploration site or a project execution site or a dam
site or a power generation site or an offshore site.
18. Tax on non-monetary perquisite paid by employer on
behalf of employee. With effect from A.Y. 2003-04 a new
sec. 10(10CC) has been inserted which provides that income
tax paid by employer on behalf of employee on income,
being non-monetary perquisite, is not a taxable perquisite.
19. Health club, Sports club facility
LEAVE TRAVEL CONCESSION [SEC. 10(5)]

If an employee goes on travel (on leave) with his family and
traveling cost is reimbursed by the employer, then such
reimbursement is fully exempted.
Notes
1) Journey may be performed during service or after
retirement.
2) Employer may be present or former.
3) Journey must be performed to any place within India.
4) In case, journey was performed to various places together,
then exemption is limited to the extent of cost of journey
from the place of origin to the farthest point reached, by the
shortest route.
5) Employee may or may not be a citizen of India.
6) Stay cost is not exempt.
Exemption: Exemption is limited to the amount actually

incurred on the travel to the extent as under:
Journey performed Maximum exempted fare

By Air Air economic class fare of shortest
route
When the place of origin Same as above

and destination is
connected by rail but
journey is performed by
any other mode of transport
When the place of origin and destination is not connected by

rail:
Where a recognized public First class or deluxe class fare, as

transport system exists the case may be, on such
transport.
Amount equivalent to air-

conditioned 1st class rail fare, for
Where no recognized the distance of the journey by the
public transport system shortest route, as if journey had
exists been performed by rail.
Notes
a) No exemption can be claimed without performing journey and
incurring expenses thereon.
b) Block-period: Exemption is available in respect of 2 journeys
performed in a block of 4 calendar years commencing from 1st
January 1986.

Academically, for the A.Y. 2019-20, the relevant block is Jan

2018 to Dec. 2021.
c) Carry-forward facility: Where concession is not availed during
the preceding block (whether on one occasion or both), then any
one journey performed in the first calendar year of the
immediately succeeding block will be additionally exempted (i.e.
not counted in two journey limit)
d) Family: Family here means -
● Spouse and children of the individual; and
● Parents, brothers and sisters of the individual, who are wholly or

mainly dependent on him.
e) Restriction on number of children: Exemption can be claimed
for any number of children born on or before 30/9/1998. In
addition, exemption is available only for 2 surviving children
born on or after 1/10/1998. However, children born out of
multiple birth, after the first child, will be treated as one child
only.
f) Fixed Leave travel allowance: Fixed amount paid to employees
by way of leave travel allowance shall not be exempt.
g) The exemption u/s 10(5) is for travel cost and does not include
stay cost or other cost.
Valuation of Rent-free unfurnished accommodation (RFA)
[Rule 3(1)]
Rent-free accommodation is taxable in the hands of all employees
(except the Judges of High Court or Supreme Court and Official
of the Parliament or Union Minister and a leader of Opposition).

Accommodation here includes fixed as well as floating structure.
Fixed A house, flat, farmhouse (or apart thereof),

Structure accommodation in hotel, motel, service
apartment, a guest house etc.
Floating A caravan, mobile home, ship etc.

Structure
For the purpose of valuation, employees are divided into three

categories:
a) Employees of the Central or State Government or of any
undertaking under the control of the Government;
b) Accommodation provided by Government to an employee
serving on deputation
c) Other employees
I) Central and State Government Employee (including
military person)
Where the accommodation is provided by the Central
Government or any State Government to the employees either
holding office or post in connection with the affairs of the
Union or of such State, the value of perquisite in respect of
such accommodation is equal to the license fee, which would
have been determined by the Central or State Government in
accordance with the rules framed by the Government.
II)Accommodation provided by Government to an employee

serving on deputation
Where the accommodation is provided by the Central
Government or any State Government to an employee who is
serving on deputation with anybody or undertaking under the

control of such Government, then the value of perquisite of
such an accommodation shall be:
City in which accommodation is Value of perquisite

provided
Having population exceeding 15% of salary for the period
25 lacks as per 2001 census during which the employee
occupied the said
accommodation.
Having population exceeding 10% of salary for the period

10 lacks but not exceeding 25 during which the employee
lacks as per 2001 census occupied the said
accommodation.
Any other city 7.5% of salary for the period

during which the employee
occupied the said
accommodation.
III) Other Employees (residual category)

The value of perquisite is determined as per the following
table:
City in which Accommodation is Accommodation

accommodation is owned by the is not owned by
provided employer the employer
15% of salary for the
Having population period during which
exceeding 25 lacks the employee
as per 2001 census occupied the said

accommodation.
10% of salary for the Rent paid or
period during which payable by the
Having population
exceeding 10 lacks the employee employer or 15%
of salary,
but not exceeding 25occupied the said
whichever is
lacks as per 2001 accommodation.
lower.
census
7.5% of salary for
the period during
which the employee
Any other city occupied the said
accommodation.
Illustration 5
Mr. Chauhan has the following salary structure:
a) Basic Salary Rs. 5,000 p.m. b) Entertainment Allowance Rs.

1,000 p.m.
c) Education Allowance Rs. 500 d) DA Rs. 3,000 p.m.

p.m. (he has three children)
e) Fees Rs. 5,000 p.a. f) Bonus Rs. 10,000 p.a.
g) Professional tax of employee Rs. 2,000 for the year

paid by employer
He has been provided a rent-free accommodation in Mumbai.

60% of DA only forms part of retirement benefits.
Compute taxable value of accommodation in the hands of Mr.
Chauhan in the following cases:

i) The employer owns such accommodation.

ii) Theemployer hires such accommodation at a monthly rent of
Rs. 900.
Solution
Taxable value of rent-free accommodation for the A.Y. 2021-
22
Particulars Basis of Taxable

determination Perquisite
(i) Owned by 15% of Salary Rs. 16,830
employer (Working)
(ii) Hired by employer15% of Salary or Rs. 10,800

Actual rent paid by
employer, whichever
is lower
Working: Salary for the purpose of Rent-free

accommodation:
Particulars Details Amount (Rs.) Amount

(Rs.)
Basic Salary 60,000
Bonus 10,000
Fees 5,000
Allowances

Dearness Rs. 36,000 × 21,600

allowance 60%
Entertainment 12,000
Allowance
Education Rs. 6,000 – Rs. 3,600 37,200

Allowance 2,400
Gross Taxable Salary 1,12,200

Note: Professional tax paid on behalf of employee is a perquisite;
hence the same shall not be included in salary for the aforesaid
purpose.
Illustration 6
In above illustration, how shall answer differ if the property is
situated in a city where population is only 14,60,000.
Solution
Taxable value of rent free accommodation for the A.Y.2021-
22
Particulars Basis of determination Taxable value

of Perquisite
Owned by 10% of Salary (as per the Rs. 11,220

employer above working)
Hired by 15% of Salary or Actual rent Rs. 10,800

employer paid by employer,whichever
is lower

Illustration 7
Miss Sree has the following salary structure: `
a) Basic salary 15,000 p.m.
b) Dearness Allowance 5,000 p.m. (not forming part of
retirement benefit)
c) Hostel Allowance 1,000 p.m. (does not have any child)
d) Tiffin Allowance 500 p.m.
e) Transport Allowance 200 p.m.
f) Bonus 20,000 p.a.
g) Commission 15,000 p.a.
h) Free refreshment in office worth 5,000 p.a.
i) Mobile phone facility by employer 900 p.m.
j) Computer facility worth 10,000 p.a.

She has been provided a Rent-free Accommodation (owned by
employer) in Kolkata. The house was allotted to her with effect
from 1/5/2020 but she could occupy the same only from
1/6/2020. Find her gross taxable salary.
Solution
Computation of gross taxable salary of Miss Sree for the A.Y.
2021-22


(Rs.) (Rs.)
Basic Salary 1,80,000
Bonus 20,000
Commission 15,000
Allowances:
Dearness Allowance 60,000
Hostel Allowance (Fully taxable as she 12,000

has no child)
Tiffin Allowance 6,000
Transport Allowance 2400

80,400
Perquisite u/s 17(2):
Free Refreshment (not taxable) Nil
Mobile or telephone facility Nil
Computer facility Nil
Rent Free Accommodation Working29,425

29,425
Gross Salary 3,24,825
Working: Salary for the purpose of rent-free accommodation

Basic Salary 1,80,000
Bonus 20,000
Commission 15,000
Allowances
Dearness allowance Nil
Hostel Allowance 12,000
Tiffin Allowance 6,000
Transport Allowance 2,400
Total 2,35,400
Value of Rent-Free 29,425

Accommodation (being 15% × Rs.
2,35,400 × 10/12)
PROVIDENT FUND
Provident fund scheme is a saving device in the hands of
salaried class. It is a retirement benefit scheme. Under this
scheme, a stipulated sum is regularly deducted from the salary
of the employee as his contribution towards the fund. The
employer also, generally, contributes a similar amount out of
his pocket to the fund. The employer’s and employee’s
contribution are together invested in such fund. Interest earned
thereon is also credited to the fund of the employee. Thus,
provident fund scheme is a great media to initiate and mobilize
small savings to a large scale. On termination of service or
retirement, employee receives the whole accumulated fund,
subject to certain conditions. Hence, provident fund has four
components i.e. Employer’s contribution; Employee’s

contribution; Interest on employer’s contribution; and Interest
on employee’s contribution.
Provident fund is of four types, viz:

1) Statutory Provident Fund (SPF): Statutory provident
fund is set up under the provisions of the Provident Funds
Act, 1925. Government and Semi-Government
organizations, local authorities, railways, Universities and
recognized educational institutions maintain Statutory
Provident Fund.
2) Recognized Provident Fund (RPF): The provident fund
scheme is framed under the Employee’s Provident Fund
and Miscellaneous Provisions Act, 1952 (hereinafter
referred as PF Act). The PF Act covers any establishment
employing 20 or more persons. However, any
establishment employing less than 20 persons can also
join the scheme provided employer and employee both
agree to do so. Further, if an employer creates his own
scheme for provident fund then he can do so subject to
recognition from the Commissioner of Income tax.
3) Unrecognized Provident Fund (URPF): If a provident
fund scheme is created by an employer, which is not
recognized by the Commissioner of Income tax, then such
fund is known as Unrecognized provident fund.
4) Public Provident Fund (PPF): The Central Government
has established a fund for the benefit of public to mobilize
personal savings. Any member of the public, whether
salaried or self-employed, can contribute to the fund by
opening a provident fund account at any branch of the
State Bank of India or its subsidiaries or other nationalised
bank. Even a salaried employee can simultaneously

become a member of employee’s provident fund (whether
statutory, recognised or unrecognized) and public
provident fund. Any amount in multiple of Rs. 5 (subject
to minimum of Rs. 500 and maximum of Rs. 1,50,000 p.a.)
may be deposited in this account. Interest is credited every
year but payable only at the time of maturity. Interest
earned on this fund is exempt from tax u/s 10(11).
Illustration 8
Mr. X has the following salary structure –
Basic pay Rs. 10,000 p.m.
Commission (fixed) Rs. 2,000
DA Rs. 1,000 p.m.
Entertainment allowance Rs. 2,000 p.m.
X contributes Rs. 20,000 to provident fund. Employer also
makes a matching contribution. Compute gross salary of if –
a) Mr. X is a Government employee and such provident fund is a
statutory provident fund.
b) Mr. X is an employee of Y Ltd. and such fund is a recognized
fund.
c) Mr. X is an employee of Z Ltd. and such fund is an
unrecognized fund.
Solution
Computation of taxable salary of Mr. X for the A.Y. 2021-22

Particulars Case A Case B Case C

Details Amount Details Amount DetailsAmount
Basic 1,20,000 1,20,000 1,20,000
Commission 2,000 2,000 2,000
Allowances
Dearness 12,000 12,000 12,000
allowance
Entertainment 24,000 36,000 24,000 36,000 24,000 36,000
allowance
contribution to 20,000 20,000 20,000
PF
Less: 20,000 Nil 15,840 4,160 20,000 Nil
Exempted
Gross Salary 1,58,0001,62,160 1,58,000
Notes
1. Contribution to statutory and unrecognised provident fund is
fully exempted.
2. Contribution to recognised provident fund is exempt upto 12%
of salary. Salary for such purpose –
Particulars Amount (Rs.)
Basic 1,20,000
Commission (as fixed) Nil
Dearness allowance 12,000
Total 1,32,000

Illustration 9
Mr. Sharma has been appointed as an accountant of ABC Ltd
as on 1/4/2018, since then he is working with the same
company. The salary structure and increment details are as
under:
Basic Rs. 5000 - 1000 - 8000 -1500 - 14000
D.A. Rs. 3000 – 500 – 5000 – 1000 - 10000
He and his employer contribute to URPF 14% of basic and
DA.
Every year 9% interest is credited to such fund. As on 1/4/2020,
the fund gets recognition. Hence, the accumulated balance in
URPF was transferred to RPF. Comment on tax treatment of such
transferred balance.
Solution
Statement showing treatment of transferred balance:
Employer’s Exempted Difference

Year contribution to amount
fund considering the
fund as RPF
2018-2019 14% of (60,000 +12% of Rs. Rs. 1,920
96,000 i.e. Rs.
36,000) i.e. Rs. 11,520
13,440
2019-2020 14% of (72,000 +12% of Rs. Rs. 2,280
1,14,000 i.e. Rs.

42,000) i.e. Rs. 13,680

15,960
Total Rs. 4,200
RETIREMENT BENEFITS
GRATUITY
Gratuity is a retirement benefit given by the employer to the
employee in consideration of past services. Sec. 10(10) deals
with the exemptions from gratuity income. Such exemption
can be claimed by a salaried assessee. Gratuity received by an
assessee other than employee shall not be eligible for
exemption u/s 10(10). E.g. Gratuity received by an agent of
LIC of India is not eligible for exemption u/s 10(10) as agents
are not employees of LIC of India.
During
continuation
of service (Case By Govt.
A) Employee
[Case B] Covered by
the Payment
Gratui of Gratuity
On Act (Case C)
ty termination
of service
By Other
Not Covered by
Received after the Payment of
death of Gratuity Act
employee (Case (Case D)
E)

Case A: Gratuity received during continuation of

service
Gratuity received during continuation of service is fully taxable
in the hands of all employee (whether Government or non-
Government employee).
Case B: Gratuity received at the time of termination

of service by Government employee
Gratuity received at the time of termination of service by
Government employee is fully exempt from tax u/s 10(10)(i).
Tax point: Government employee, here, includes employee of
the Central or the State Government or local authority but does
not include employee of statutory corporation.
Case C: Gratuity received at the time of termination of

service by non–government (including foreign
government) employee, covered by the Payment of
Gratuity Act
In such case, minimum of the following shall be exempted
from tax u/s 10(10)(ii):
1. Actual Gratuity received;
2. Rs. 20,00,000; or
3. 15 working days salary for every completed year of service
[Arithmetically, 15/26 × Completed year of service ×
Salary p.m.]
Notes

a) Completed year of service includes any fraction in excess

of 6 months. (e.g. 7 years 9 months will be treated as 8
years; 7 years 5 months will be treated as 7 years and 7
years 6 months will be treated as 7 years).
b) Salary here means Basic + DA, last drawn
Illustration 10
Kishore, an employee of XYZ Ltd., receives Rs. 2,05,000 as
gratuity under the Payment of Gratuity Act, 1972. He retires on
10th September, 2020 after rendering service for 35 years and
7 months. The last drawn salary was Rs. 2,700 per month.
Calculate the amount of gratuity chargeable to tax.
Solution
Computation of taxable gratuity of Mr. Kishore for the A.Y.2021-
22

(Rs.) (Rs.)
Gratuity received 2,05,000
Less: Minimum of the following is
exempted as per Sec 10(10)(ii):
(a) Actual gratuity received 2,05,000
(b) Statutory Amount 20,00,000
(c) 15/26 × completed year of service × 56,077 56,077
salary p.m. [15/26 × 36 × ` 2,700]
Taxable Gratuity 1,48,923

Case D: Gratuity received at the time of termination of

service by non-government employee (including foreign
government employee) not covered under the Payment of
Gratuity Act
Gratuity received at the time of termination of service by non-
government employee being not covered under the Payment
of Gratuity Act shall be exempted from tax u/s 10(10)(iii) to
the extent of lower of the following:
1. Actual Gratuity received;
2. Rs. 10,00,000; and
3. 1/2 × Completed year of service × Average Salary p.m.
Notes
a) While calculating completed year of service ignore any
fraction of the year. (e.g. 7 years 9 months will be treated
as 7 years only).
b) Average Salary here means, Basic + DA# + Commission
(being a fixed percentage on turnover) being last 10
months average salary, immediately preceding the month
of retirement. (E.g. If an employee retires on 18/11/2020
then 10 months average salary shall be a period starting
from Jan’ 2020 and ending on Oct’ 2020).
# If DA is not forming a part of retirement benefit then the
same shall not be included in salary for above purpose.
However, DA itself shall be fully taxable.
Illustration 11
Mr. Prem retired from his job after 29 years 6 months and 15
days of service on 17/12/2020 and received gratuity amounting
Rs. 4,00,000. His salary at the time of retirement was basic Rs.
6,000 p.m., dearness allowance Rs. 1,200 p.m., House rent
allowance Rs. 2,000, Commission on turnover 1%,
Commission on profit Rs. 5,000. He got an increment on
1/4/2018 of Rs. 1,000 p.m. in Basic. Turnover achieved by
assessee Rs. 1,00,000 p.m. Calculate his taxable gratuity if he
is a —
a) Government employee
b) Non-Government employee, covered by the Payment of
Gratuity Act;
c) Non-Government employee not covered by the Payment
of Gratuity Act
Solution
a) Government employee: Taxable amount: Nil as per section
10(10)(i).
b) Other cases:
Computation of taxable gratuity of Mr. Prem for the A.Y.
2021-22
Case (b) Case (c)

Particulars Details Amount Details Amount
(Rs.) (Rs.) (Rs.) (Rs.)
Gratuity received 4,00,000 4,00,000
Less: Min. of the

following is exempted

u/s 10(10)
Actually gratuity 4,00,000 4,00,000

received
Statutory amount 2000000 1000000
15/26 × completed year 1,24,615 1,24,615

of service × salary p.m.
[15/26 × 30 × 7,200]
1/2 × completed year of 1,16,000 1,16,000

service × salary p.m.
[1/2 × 29 × 8,000]
Taxable Gratuity 2,75,385 2,84,000
Workings for case (b):

1. Completed year of service is 30 years.
2. Salary here means (Basic + Dearness Allowance) last drawn. i.e.
(Rs. 6,000 + Rs. 1,200) = Rs. 7,200
Workings for case (c):
1. Completed year of service is 29 years.
2. Salary here means Basic + Dearness Allowance + Commission
on turnover, being last 10 months average just preceding the
month of retirement, as shown below:

1 2 3 4 5 6 7 8 9 10
Par
Tot
ticu Feb’20
al
June
May
Mar
Sept
July
Aug
Nov
Apr
Oct
lars
58,000
Basic
5,000
5,000
6,000
6,000
6,000
6,000
6,000
6,000
6,000
6000
12000
D.A
1200
1200
1200
1200
1200
1200
1200
1200
1200
1200
Commission
10000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
80000
Total
8000
Average Salary = Rs. 80000/10
Note: Applicable in Case D and not in Case C

While claiming the statutory amount (i.e. Rs. 20,00,000) any
amount earlier claimed as deduction u/s 10(10) shall be reduced
from Rs. 20,00,000.
Example: An assessee left a job in the year 1995-96 and claimed
a deduction of Rs. 40,000 for gratuity in that year. He joined
another organisation, left the same in the year 2020-21, and
received a gratuity of Rs. 19,80,000. While calculating exemption

for gratuity for the assessment year 2021-22, statutory amount of

Rs. 20,00,000 shall be reduced by earlier deduction claimed i.e.
Rs. 40,000. Hence, statutory deduction limit for the assessee in
the A.Y. 2021-22 will be Rs. 19,60,000 only.
Note: Applicable in Case C and Case D

Where gratuity is received from more than one employer: Where
gratuity is received from more than one employer in the same
previous year, the aggregate amount exempt from tax shall not
exceed statutory deduction.
Case E: Gratuity received after death of employee
The Act is silent on treatment of gratuity received after death
of employee. However, on following grounds, it can be
concluded that gratuity received by a legal heir shall not be
taxable in the hands of the recipient –
 A lump sum payment made gratuitously to widow or legal

heir of employee, who dies while in service, by way of
compensation or otherwise is not taxable under the head
“Salaries”. [Circular No.573, Dated 21.08.1990]
 Unutilized deposit under the capital gains deposit account

scheme shall not be taxable in the hands of legal heir.
[Circular No.743 dated 6/5/1996]
 Legal representative is not liable for payment of tax on

income that has not accrued to the deceased till his death.
 Leave salary paid to the legal heir of deceased employee is

not taxable as salary. [Circulars Letter No. F.35/1/65-
IT(B), dated 5/11/1965]. Further, leave salary by a legal
heir of the Government employee who died in harness is

not taxable in the hands of the recipient [Circulars No.309,

dated 3/7/1981].
Illustration 12
Mrs. S is working with ABC Ltd. since last 30 years 9 months.
Her salary structure is as under:
Basic Rs. 5,000 p.m. Dearness allowance Rs. 3,000 p.m. On
15/12/2020, she died. State the treatment of gratuity in
following cases:
Case 1: Mrs. S retired on 10/12/2020 & gratuity Rs. 4,00,000
received by her husband (legal heir) as on 18/12/2020.
Case 2: Husband of Mrs. S received gratuity on 18/12/2020
falling due after death of Mrs. S. Mrs. S is covered by the
Payment of Gratuity Act.
Solution
In Case 1, Computation of taxable gratuity in hands of Mrs. X
for the A.Y. 2021-22
Total Gratuity received 4,00,000

exempted as per Sec 10(10)(ii):
Actual gratuity received 4,00,000
Statutory Amount 20,00,000
15/26 × completed year of service × 1,43,077 1,43,077

salary p.m. [15/26 × 31 × Rs. 8,000]
Taxable Gratuity 2,56,923
In Case 2
Since gratuity falls due after the death of Mrs. S hence the same
is not taxable in hands of Mrs. S. The said gratuity is not taxable
even in hands of husband of Mrs. S.
LEAVE SALARY ENCASHMENT
As per service contract and discipline, normally, every employee
is allowed certain period of leave (with pay) every year. Such
leave may be availed during the year or accumulated by the
employee. The accumulated leave lying to the credit of an
employee may be availed subsequently or encashed. When an
employee receives an amount for waiving leave lying to his
credit, such amount is known as leave salary encashment.
Case A: Leave salary received during continuation of
service
Leave salary during continuation of service is fully taxable in the
case of the Government employee as well as other employees
[Sec. 17(1)(va)].
Case B: Leave salary received by Government employee
on termination of service
At the time of termination of service, leave salary received by
the Central or State Government employee is fully exempted
u/s 10(10AA)(i).

Tax point: Government employee here does not include

employee of local authority or public sector undertaking or
foreign Government employee.
Case C: Leave salary received by non-Government employee
on termination of service
At the time of termination of service, leave salary received by
a non-Government employee (including employee of foreign
Government, local authority, public sector undertaking) is
exempted to the minimum of the following u/s 10(10AA)(ii):
a) Actual amount received as leave salary
b) Rs. 3,00,000/-
c) 10 × Average salary p.m.
d) To the maximum of 30 days (normally taken as 1 month)
average salary1 for every completed year of service2,
subject to deduction for actual leave availed during the
tenure of service.
Academically: [{(1 × completed year of service) – leave actually
taken in terms of month} × average salary p.m.]
1. Average salary means Basic + DA# + Commission (as a
fixed percentage on turnover) being last 10 months average salary
ending on the date of retirement or superannuation. (e.g. if an
employee retires on 18/11/2020 then 10 months average salary
shall be a period starting from 19th Jan’ 2020 and ending on 18th
Nov’ 2020).
# If DA is not forming a part of retirement benefit then the same
shall not be included in salary for the above purpose. However,
DA itself shall be fully taxable.
2. While calculating completed year of service, ignore any

fraction of the year. E.g. 10 years 9 months shall be taken as 10
years.
Illustration 13
a) Mr. Dany is working in Zebra Ltd. since last 25 years 9
months. Company allows 2 months leave for every completed
year of service to its employees. During the job, he had availed
20 months leave. At the time of retirement on 10/8/2020, he got
Rs. 1,50,000 as leave encashment. As on that date, his basic salary
was Rs. 5,000 p.m., D.A. was Rs. 2,000 p.m., Commission was
5% on turnover + Rs. 2,000 p.m. (Fixed p.m.). Turnover effected
by the assessee during last 12 months (evenly) Rs. 5,00,000. Mr.
Dany got an increment of Rs. 1,000 p.m. from 1/1/2020 in basic
and Rs. 500 p.m. in D.A. Compute his taxable leave encashment
salary.
b) How shall your answer differ if the assessee had taken 2
months leave instead of 20 months, during his continuation of job.
Solution
Working
1.Completed year of service: 25 years 9 months = 25 years
2.As per sec. 3(35) of the General Clauses Act, 1897, month shall
mean a month reckoned according to the British calendar e.g.
the period commencing from 7th September & end on 6th
October shall be a month.
3.Salary here means Basic + Dearness Allowance + Commission
on turnover (last 10 months average from the date of
retirement)

Particulars Oct’ Nov Dec Jan’ Feb Mar April May June July Aug Total
10
19 (Rs.) (Rs.) 20 (Rs.) (Rs.) (Rs.) (Rs.) (Rs.) (Rs.)
(Rs.) Days
21
(Rs.)
days
(Rs.)
Basic 2,7104,000 4,0005,0005,0005,0005,0005,0005,0005,000 1,61347,323
D.A. 1,0161,500 1,5002,0002,0002,0002,0002,0002,0002,000 64518,661
Commission 500000 × 5% × 10/12 20,833
Total 86,817
Average salary i.e. Rs. 86,817 / 10 months 8,682
Monthly fixed commission is irrelevant. Commission as fixed percentage of turnover is to
be considered.
Computation of taxable leave encashment salary of Mr.

Dany for the A.Y.2021-22
Case (a) Case (b)

Particulars Details Amount Details Amount
(Rs.) (Rs.) (Rs.) (Rs.)
Leave encashment 1,50,000 1,50,000
received
Less: Min. of the
following is exempted
u/s 10(10AA)(ii):
a) Actual amount 1,50.000 1,50.000
received
b) Statutory Amount 3,00,000 3,00,000
c) 10 months × Av. 86,820 86,820
Salary p.m. (10 × 8,682)
d) [{1× completed year

of service - Leave taken}
× salary p.m.]
^[{1 × 25 – 20} × 43,410^ 43,410 1,99,686#86,820
8,682]# [{1 × 25 – 2} ×
Rs. 8,682]
Taxable Leave 1,06,590 63,180
Encashment
Illustration 14
Mr. Kumar retired on 31/3/2021. At the time of retirement, 18
months leave was lying to the credit of his account. He
received leave encashment equivalent to 18 months Basic
salary Rs. 1,26,000. His employer allows him 1½ months
leave for every completed year of service. During his tenure,
he availed of 12 months leave. At the time of retirement, he
also gets D.A. Rs. 3,000. His last increment of` 1,000 in basic
was on 1/4/2020. Find taxable leave encashment.
Solution
Working
1. Calculation of completed year of service: Employee has
received 18 months leave encashment on termination of service
as well he had enjoyed leave of 12 months during his tenure. That
means he had received a leave benefit of 30 months. Since leave
allowed by employer is 1½ months for every completed year of
service, this signifies that Mr. Kumar had completed 20 years
(being 30/1½) of service.
2. Salary here means, Basic + DA + Commission, being last
10 months average from the date of retirement. There is no
increment in last 10 months (last increment was on 1/4/2020) and

there is no commission, hence Avg. Salary = Rs. 7,000 (i.e. Rs.
1,26,000/18) + Rs. 3,000 = Rs. 10,000 p.m.
Computation of taxable leave encashment of Mr. Das for the
A.Y. 2021-22

(Rs.) (Rs.)
Leave Encashment received 1,26,000

exempt u/s 10(10AA)(ii):
(a) Actual amount received 1,26,000
(b) Statutory Amount 300000
(c) 10 months × Av. Salary p.m. (10 × 100000

10,000)
(d) {1× completed year of service - 80000 80000

Leave taken} × Avg. salary p.m. [{1 ×
20 – 12}× Rs. 10,000]
Taxable Leave Encashment 46,000
Case D: Leave salary paid to the legal heir

Leave salary paid to the legal heir of deceased employee is not
taxable. [Circulars Letter No. F.35/1/65-IT(B), dated 5/11/1965].
Further, leave salary received by a legal heir of the Government
employee who died in harness is not taxable in the hands of the
recipient [Circulars No.309, dated 3/7/1981].

PENSION [SEC. 17(1)(ii)]

Pension means a periodical payment received by an employee
after his retirement. On certain occasions, employer allows to
withdraw a lump sum amount as the present value of periodical
pension. When pension is received periodically by employee, it is
known as Uncommuted pension. On the other hand, pension
received in lump sum is known as Commuted pension. Such lump
sum amount is determined considering factors like the age and
health of the recipient, rate of interest, etc.
Treatment:
1) Case A: Uncommuted pension
Uncommuted pension is fully taxable in the hands of all
employees whether Government or Non–Government employee.
2) Case B: Commuted pension received by a Government
employee
Commuted pension received by a Government employee is fully
exempt from tax u/s 10(10A)(i). Note: Government employee
here includes employee of the Central or State Government,
Local authority as well as employee of Statutory corporation.
Judges of the High Court and the Supreme Court are also entitled
to the exemption [Circular No.623 dated 6/1/1992]
3) Case C: Commuted pension received by an employee
who also received gratuity [Sec.10(10A)(ii)]
One third of total pension (which assessee is normally entitled
for) commuted is exempt.
Taxpoint: It is immaterial whether the employee is covered by the
Payment of Gratuity Act or not.
4) Case D: Commuted pension received by an employee who does

not receive gratuity [Sec. 10(10A)(ii)]
One half of total pension (which assessee is normally entitled for)
commuted is exempt.
Illustration 15
Mr. Amit has retired from his job on 31/3/2020. From 1/4/2020,
he was entitled to a pension of Rs. 3,000 p.m. On 1/8/2020, he
got 80% of his pension commuted and received Rs. 1,20,000.
Compute taxable pension if he is:
a) Government employee;
b) Non-Government employee & not receiving gratuity
c) Non-Government employee (receiving gratuity, but not
covered by the Payment of Gratuity Act)
Solution
Computation of taxable pension of Mr. Amit for the
A.Y.2021-22
Particulars Case a Case b Case c

Details Amoun Details Amoun Details Amoun
t t t
(Rs.) (Rs.) (Rs.)
(Rs.) (Rs.) (Rs.)
Uncommute
d Pension
- 1/4/2018 to 12,000 12,000 12,000
31/7/2018
(Rs.
3,000×4)
- 1/8/2018 to 4,800 16,800 4,800 16,800 4,800 16,800

31/3/2019
(Rs. 600 × 8)
Commuted 1,20,00 1,20,00 1,20,00
Pension 0 0 0
Fully 1,20,00 Nil
exempted u/s 0
10(10A)(i)
Exempted u/s 75,000 45,000
10(10A)(ii)
(½ of Rs.
1,50,000#)
Exempted u/s 50,000 70,000
10(10A)(ii)
(1/3 of Rs.
1,50,000#)
Taxable 16,800 61,800 86,800
Pension
RETRENCHMENT COMPENSATION
Retrenchment means cancellation of contract of service by
employer.
Tax Treatment [Sec. 10(10B)]: Any compensation received by
a worker at the time of retrenchment is exempted to the extent of
minimum of the following:

a) Actual amount received;

b) Rs. 5,00,000; or
c) An amount calculated in accordance with the provisions of
sec. 25F(b) of Industrial Dispute Act, 1947 (Under the said
Act a workman is entitled to retrenchment compensation
equivalent to 15 days’ average pay, for every completed year
of service or any part thereof in excess of 6 months).
COMPENSATION RECEIVED AT THE TIME OF
VOLUNTARY RETIREMENT [SEC. 10(10C)]
If an employee accepts retirement willingly in lieu of
compensation then such retirement is known as Voluntary
Retirement. Voluntary retirement compensation received or
receivable by an employee is eligible for exemption subject to the
following conditions -
Conditions for exemption
1. Compensation is received from specified employer.
2. Compensation is received as per Voluntary Retirement Scheme
(VRS) framed in accordance with prescribed guidelines
Amount of exemption
Exemption shall be minimum of the following -
a) Actual amount received as per guidelines; or
b) Rs. 5,00,000.
*Guidelines [Rule 2BA]
1. Scheme (VRS) must be applicable to all employees (other than
director) who have either completed age of 40 years or has
completed 10 years of service. (This condition is, however, not
applicable in the case of an employee of a public sector company)

2. Such scheme must be framed to reduce the number of

employees.
3. The vacancy caused by VRS is not to be filled up.
4. The retiring employee is not to be employed in another

company or concern belonging to the same management.
5. The amount of compensation does not exceed
 the amount equivalent to 3 months salary for each completed

year of service; or
 salary at the time of retirement multiplied by the balance

month of service left.
Note: Salary here means [Basic + DA (if forms a part of
retirement benefit) + fixed percentage of commission on
turnover], last drawn.
DEDUCTION FROM GROSS SALARY [SEC. 16]

STANDARD DEDUCTION [SEC. 16(ia)]
Lower of the following shall be allowed as standard deduction
to all employee:
a. Rs. 50,000
b. Amount of gross salary
ENTERTAINMENT ALLOWANCE [SEC. 16 (ii)]
Entertainment allowance is initially included in taxable
allowances as fully taxable. Thereafter, a deduction is allowed
under this section from gross taxable salary. However,
deduction u/s 16(ii) shall be available to the Government
employee only.
Deduction for Entertainment allowance being minimum of the

following:
a. Actual Entertainment Allowance
b. Rs. 5,000/-
c. 20% of Basic Salary.
Illustration 16
Compute taxable Entertainment allowance & net salary of Sri
Hanuman Prasad from the following data:
Basic salary Rs. 8,000 p.m. D.A. Rs. 2,000 p.m. Taxable
perquisite Rs. 35,000, Entertainment Allowance Rs. 4,000
p.m. Out of such allowance Rs. 20,000 is expended and
balance amount is saved. Assuming he is:
a. Government employee
b. Non-Government employee.
Solution
Computation of taxable income of Sri Hanuman Prasad for the
A.Y.2021-22
Government Non-Government
Employee Employee
Particulars
Details Amount Details Amount
(Rs.) (Rs.) (Rs.) (Rs.)
Basic Salary 96,000 96,000

Dearness Allowance 24,000 24,000
Entertainment Allowance 48,000 48,000
Taxable perquisite 35,000 35,000
Gross Taxable Salary 2,03,000 2,03,000
Less: Deduction u/s
16(ia) Standard 50,000

Deduction 50000
16(ii) Entertainment 5,000 55,000 Nil 50,000

allowance#
Net Taxable Salary 1,48,000 1,53,000

Entertainment Allowance is exempted to the extent of
a. Actual Entertainment Allowance Rs. 48,000
b. 20% of Basic Salary Rs. 19,200
c. Statutory amount Rs. 5,000
TAX ON EMPLOYMENT OR PROFESSIONAL TAX
[SEC. 16(iii)]
Tax on employment, profession, trade, etc. levied by a State
under Article 276 of the Constitution will be allowed as
deduction on cash basis, whether paid by employee or by
employer (on behalf of employee) from gross taxable salary.
Note: If employer (on behalf of employee) pays Professional
tax then:
a. Firstly, it is to be included as taxable perquisite; and

b. Further, it is allowed as deduction u/s 16(iii).
Illustration 17
Mr. Rohit a non-Government employee has the following
salary details:
a) Basic Salary Rs. 5,000 p.m.
b) D.A. Rs. 2,000 p.m.
c) Entertainment Allowance Rs. 300 p.m.
d) Professional tax paid by employee Rs. 600
e) LIC Premium paid by employer Rs. 3,600
f) Income tax paid by employee Rs. 2,000
g) Professional tax paid by employer on behalf of employee
Rs. 1,600
Find his taxable salary.
Solution
Computation of taxable salary Mr. Rohit for the A.Y.2021-22

(Rs.) (Rs.)
Basic Salary 60,000
Allowances

Entertainment Allowance 3,600 27,600

Taxable perquisite
Professional tax paid by employer 1,600
LIC Premium paid by employer 3,600 5,200
Gross Taxable Salary 92,800
Less: Deduction u/s
16(ia) Standard Deduction 50,000
16(ii) Entertainment allowance Nil
(Assessee is a Non- government
employee)
16(iii) Professional Tax (Rs. 1,600 + Rs. 2200 52,200
600)
Taxable Salary
40,600
Illustration 18
Mr. Mugal joined Star Ltd. on 1/4/2020. Details regarding his
salary are as follows:
Particulars Amount (Rs.)
Basic 5,000 p.m.
Dearness Allowance 2,000 p.m. (50% considered for

retirement benefit)
Education Allowance 1,000 p.m. (he has 1 son and 3

daughters)

Hostel Allowance 2,000 p.m. (none of the children is

sent to hostel)
Medical Allowance 1,000 p.m. (total medical

expenditure incurred Rs. 3,000)
Transport Allowance 1,800 p.m. (being used for office to

residence & vice versa)
Servant Allowance 1,000 p.m.
City compensatory 2,000 p.m.

Allowance
Entertainment 1,000 p.m.

Allowance
Assistants Allowance 3,000 p.m. (paid to assistant Rs.

2,000 p.m.)
Professional 2,000 p.m. (actual expenses for the

Development Allowance purpose Rs. 8,000 p.m.)
Bonus 24,000 p.a.
Commission 9,000 p.a.
Fees 5,000 p.a.
Compute his gross taxable salary for the assessment year

2021-22.
Solution
Computation of gross taxable salary of Mr. Mugal for the
A.Y.2021-22


(Rs.) (Rs.) (Rs.)
Basic Salary 60,000
Bonus 24,000
Commission 9,000
Fees 5,000
Allowances
Education Allowance 12,000
Less: Exemption (Rs. 100 × 2 × 12) 2,400 9,600
Hostel Allowance 24,000
Less: Exemption (Rs. 300 × 2 × 12) 7,200 16,800
Medical Allowance 12,000
Transport Allowance 21,600
Less: Exemption Nil 21,600
Servant Allowance 12,000
City Compensatory allowance 24,000
Entertainment Allowance 12,000
Assistance Allowance 36,000

Less: Exemption (Being actual 24,000 12,000

expenditure)
Professional development allowance24,000
Less: Exemption (Actual 24,000 Nil 1,44,000

expenditure max. of amount
received)
Gross Taxable Salary 2,42,000
Illustration 19
Rasheed aged 48 years is an accountant and employed by GLF
ltd. He gets Rs. 100000 per month as salary and Rs. 100000 per
annum as bonus. Besides, GLF ltd .provides the following.
1. Transport allowance: 1600 per month
2. Medical facility in a hospital which is owned by GLF. Cost
for providing this facility to Ratheesh Rs. 30000
3. Medical facility in a government hospital Rs. 38000.
4. Medical facility in a private hospital (same hospital is
recommended by the government for the medical treatment
of government employees.) Rs. 18000
5. Medical facility (rule 3A) in a hospital approved by the chief
commissioner: Rs. 63000
6. Medi claim insurance premium paid by GLF ltd for
Ratheesh and his family Rs. 25000
7. Reimbursement by GLF ltd. Of other medical expenditure:
Rs. 18000.

You are required to calculate his salary income for the AY

2020-21 and 2021-22.
Solution
Income of Rasheed from salary can be calculated as follows:
Particulars AY AY 2021-
2020-21 22
Basic salary 1200000 1200000
Bonus 100000 100000
Transport allowance Nil 19200
Medical facility in GLF Ltd’s hospital Nil Nil
Medical facility in government hospital Nil Nil
Medical facility in private hospital Nil Nil
Medical facility (Rule 3A) Nil Nil
Medi-claim insurance premium paid by Nil Nil
GLF ltd
Reimbursement of other medical
expenditure(reimbursement up to Rs.
15000 is not chargeable to tax for the
assessment year 2020-21) 3000 18000
Gross salary 1303000 1337200
Less: standard deduction us 16(ia) Nil Nil
Income under the head salaries 1303000 1297200

Illustration 20
Miss Nithya is a govt. employee and she is drawing a monthly
salary of Rs. 8000. She is provided with a rent free unfurnished
accommodation for which the government has fixed a monthly
rent of Rs. 1000. She pays a monthly rent of Rs. 200 to the
government. Calculate her gross salary.
Solution
Particulars Rs. Rs.

Salary @ Rs. 80000 p.m 96000
Value of perquisite: Rent free-
unfurnished accommodation:
Rent fixed by govt. @ Rs. 1000pm 12000

Less rent paid by the employee 2400 9600
(200x12)
Gross Salary 105600
Illustration 21
Mr. Jamal is employed in a town (having a population of 13
lakh). He draws a salary of Rs. 8000 pm. DA Rs. 2000 pm (40%
enters into retirement benefits), bonus Rs. 8000 p.a
Commission Rs. 4500 p.a. Entertainment allowance Rs. 500
p.m. FRV of rent free house provided by the employer Rs.
40000 p.a. Value of the furniture provided Rs 20000. Calculate
this income from salary for the assessment year 2021-22.

Solution
Particulars Rs.
Salary 96000
DA 24000
Bonus 8000
Commission 4500
Entertainment allowance 6000
Value of rent free furnished house 14410
1,52,910
Less: Deduction as per Section 16
Standard deduction 50000
Income from salary 1,02,910
Gross Salary 105600
Computation of value of rent free furnished house
Salary (96000+40% of 24000

(DA) + 8000+4500+6000=
124100
10% of salary 12410
Add 10% of cost of furniture 2000
14410

Illustration 22
The following are the particulars of income of Mr.Baburaj for
the previous year ended 31st March 2021. He is employed by
an individual.
1. Salary Rs.9000 p.m
2. Bonus equal to 2 months salary
3. Dog allowance Rs. 150 p.m
4. Special allowances Rs. 120 pm
5. Employee’s contribution to RPF @ 15% of salary.
6. Employers contribution to the fund @ 15% of the salary.
7. Interest credited to the provident fund @ 9.5% p.a is Rs. 5600
8. He is provided with free lunch in office. The cost per meal is
Rs. 30.
9. The employer has given him a small car which he uses for his
personal and office use. He meets the expenses of the car
which is used for personal purposes.
Compute his income from salary for the assessment year 2021-
22.
Solution
Computation of income from salary of Mr. Krishnan for the
assessment year 2021-22
Salary 108000

Bonus 18000
Dog allowance 1800
Special allowance 1440
Employer’s contribution to RPF in excess of 12% 3240

of salary
Lunch (cost does not exceed Rs. 50 per meal ) Exempted
Car @600 p.m 7200
Gross salary 139680

Less deduction standard deduction 50000
Income from salary 89680
Illustration 23
Mr. Rajiv furnished the following particulars of his income for
the year 2020-21.
Salary Rs. 15000pm
DA Rs. 1250pm
Entertainment allowance Rs. 1000 pm
Employers’ and Employees contribution to RPF Rs. 24000 each
Interest on PF AT 9.5% P.a Rs. 19000
City compensatory allowance Rs. 200 pm
Medical allowance Rs. 10000

He has been provided with an unfurnished accommodation

(population less than 10 lakhs) for which the employee paid Rs.
500 p.m the house is owned by the employer, fair rental value is
Rs. 30000 p.a. a sweeper at Rs. 200 pm and a servant at Rs. 750.
For the assessment year 2021-22.
Solution
Computation of taxable income from salary
Salary 180000
DA 18000
Entertainment allowance 12000
Employer’s contribution to RPF in excess of 2400
12%
City compensatory allowance 2400
Medical allowance 10000
Sweeper 2400
Servant 9000
Concession in rent
Value 15330
Less rent paid by the employee 6000 9330
Gross salary 245530
Less standard deduction 50000
Taxable salary 195530
Note:
Employer’s contribution to RPF in excess of 12%
= Basic Salary × 12%

= 15000 × 12 × 12%
= 21600
= Actual Contribution – 21600
= 24000 – 21600 = 2400

Module III
INCOME FROM HOUSE PROPERTY
As per sec. 22, the annual value of property consisting of any
building or land appurtenant thereto of which assessee is the
owner, other than such portion of such property as he may
occupy for the purposes of any business or profession carried
on by him shall be chargeable to income tax under the head “
Income from house property.”
It is an exceptional feature of this head that rather than actual
income from house property, earning capacity o f house
property is taxable. As stated u/s 22 that “annual value” of the
property is taxable rather than actual income of the property.
House Owner
property
Assesses is the owner Such property is not used

There must be a
(including deemed for the purpose of taxable
property consisting
owner) of that property business or profession
of any building or
carried on by the owner.
Condition 1: Building or land appurtenant thereto

The term ‘house property’ is not defined in Income tax Act.
However, various judicial interpretation have construed the
term house property as –

 any land surrounded by wall having roof or not; and
 any land appurtenant to a building.

Notes
a)Building includes an enclosure of bricks, stone work or even
mud walls
b)Building includes residential as well as commercial houses.
c) Vacant land is not a house property. Hence, income from letting
of vacant land is not taxable under this head but taxed as
business income or as income from other sources.
d)Roof is not necessary for a non-residential house property. A
large stadium or a open air swimming pool is also considered
as building
e) It should be a permanent structure meant for a useful purpose.
f) If a building consists of several flats, then each flat is
considered as a separate house property.
g)An incomplete, a ruined or demolished house cannot be termed
as house property.
h) Land appurtenant to a building includes car parking
area, approach roads, backyards, courtyards, etc. attached to
such building.
Condition 2: Owner
Annual value of a property is assessed to tax only in the hands
of the owner even if he is not in receipt of any income. Any
person other than the owner, even though he is in receipt of rent

shall not be liable to tax under this head. That is why, income
from sub-letting is not taxable under this head but under the
head ‘Income from other sources’. E.g. Mr. X being a tenant of
a house property acquired it at a monthly rent of Rs. 10,000
from Mr. Y (owner of such house property). Mr. X sublets the
property to Mr. Z for a monthly rent of ` 12,000. Income from
subletting being ` 2,000 p.m. is taxable as business income or
as income from other sources.
Owner includes legal owner, beneficial owner and deemed
owner.
Legal owner: Legal owner means a person who has the legal
title of the property as per the Transfer of Property Act,
Registration Act, etc.
Beneficial owner: For income tax purpose it is not necessary
that the property must be registered in the name of the assessee.
If the assessee is enjoying the property as an owner to full
extent he will be treated as a beneficial owner of such property
and will be charged under the head ‘Income from house
property’.
Fictional owner or Deemed owner [Sec. 27]

U/s 27, in the following cases, a person shall be treated as
deemed owner of the property and liable to tax (in such case
legal owner or beneficial owner shall not be further liable to
tax).
1) Transfer to spouse or minor child [Sec. 27(i)]: When an
individual transfers a house property to –
 his or her spouse (not being a transfer in connection with

an agreement to live apart); or

 a minor child (not being a married daughter)
 without adequate consideration, then transferor shall be

treated as deemed owner of such property.
E.g.: Mr. X transfers his house property worth Rs. 5,00,000 to
Mrs. X out of love and affection. In such case, though Mrs. X
is the legal owner but Mr. X will be liable to tax as deemed
owner of such property.
Note: In case of transfer to spouse, marriage should subsist on
both the days i.e., on the day of transfer as well as on the day
when income arises.
Tax point:
 Transferee must be spouse or minor child other than

married daughter.
 Transfer must be without adequate consideration.
 Transferred property must be a house property. E.g. Mr. X

transfers cash of Rs. 5,00,000 to Mrs. X and Mrs. X
purchases a house property from such cash, then such
transfer of cash and subsequent purchase of property shall
not attract provision of sec. 27(i). However, the income
from such property shall be clubbed in the hands of Mr. X
as per the provision of sec. 64(1)(iv) [For detail refer
chapter Clubbing of Income].
2) The holder of an impartible estate [Sec. 27(ii)]: The
holder of an impartible estate (property which is not legally
divisible) is treated as deemed owner of house property.
Impartible estate is an estate to which the assessee has
succeeded by grant or covenant.

3) Property held by a member of a company, society or any

other association [Sec. 27(iii)]: Property held by a member
of a company, co-operative society or other association of
persons to whom a building or a part thereof is allotted or
leased under House Building Scheme of the company or
association, is treated as deemed owner of that building or a
part thereof.
Taxpoint:
 Assessee is the member of a company, co-operative society

or other AOP.
 He has been allotted or leased a buildingon account of such

membership.
 Though he is not the legal owner of such property, still he

will be liable to tax.
4) A person who acquired a property u/s 53A of the
Transfer of Property Act [Sec. 27(iiia)]: A person who is
allowed to take or retain possession of any building (or part
thereof) in part performance of a contract u/s 53A of the
Transfer of Property Act, 1882, is deemed as the owner of
that building (or part thereof).
Taxpoint:
 Assessee has taken the possession of the property.
 He has partly performed or promised to perform the

contract i.e., he has paid (or is ready to pay) a part of the
consideration.
 The contract must be in writing. Though sale-deed might

not be executed in favour of the buyer, still certain other

document like ‘power of attorney’ or ‘agreement to sell’
has been executed.
5) Lessee of a building u/s 269UA(f) [Sec. 27(iiib)]: A
person who acquires any right u/s 269UA(f) in or with
respect to any building or part thereof, by way of lease
agreement for a period not less than 12 years is deemed as
the owner of that building (or part thereof).
Notes
a) Lease period should not be less than 12 years [as per sec.
269UA(f)] including extension period.
b) Above provision does not include any right by way of lease
from month to month or for a period not exceeding 1 year.
E.g.: X lets out a property to Miss Y on a lease of 9 years.
However, Miss Y has a right to renew the lease for further
period of 3 years. In such case, Miss Y shall be deemed as an
owner of the property u/s 27. However, if such right of renewal
of lease (for 3 years) is subject to condition that at each
occasion it will be renewed for a period of 11 months, then X
will be owner of the property and liable to tax u/s 22.
Condition 3: Property is used for business or profession
carried on by the assessee
When a person carries on business or profession in his own
house property, annual value thereof is not taxable u/s 22
provided income of such business is chargeable to tax.

Incidences thereof
 Letting out to employees: If an assessee lets out the property
to his employee, where such letting out supports smooth
flow of his business, then such letting out shall be deemed to
be incidental to business and such rent shall be chargeable
under the head “Profits & gains of business or profession”.
 Letting out to Government Agencies: Where an assessee let
out his property to any Government agency for locating
branch of a nationalized bank, police station, post office,
excise office, railway staff quarters, etc. for the purpose of
running the business of assessee more efficiently, such
letting out shall be deemed to be incidental to business and
such rent shall be chargeable under the head “Profits &
gains of business or profession”.
 Letting out to ancillary units: Where an assessee lets out its
property to ancillary units, which manufactures components
required by the assessee. Income from such letting out shall
be taxable under the head “Profits & gains of business or
profession”.
SOME SPECIAL CASES
Foreign property
If house property is situated abroad, then annual value of such
property shall be taxable as:
Assessee Condition for taxability
Ordinarily resident Always taxable
Not ordinarily resident Income must be received in India

or Non resident

Note: The annual value of such property would be computed

as if the property is situated in India.
Disputed ownership
Merely, due to dispute regarding the title of property,
assessment cannot be postponed. In such case, person who is
in receipt of income or who enjoys the possession of the
property is assessable to tax.
Composite rent
Together with rent of the building, if the owner gets charges for
other services or rent of other assets provided in the building
(e.g. furniture, machinery, etc.), amount so received is termed
as ‘composite rent’.
Composite Rent = Rent for building + Rent for assets /
Charges for various services
Tax treatment of composite rent is as follows:
 Rent including charges for amenities or services like garden

facility, food, lighting, etc. or other separable assets (like
machinery, plant, furniture): If the owner of house property
gets composite rent for both property as well as for services
rendered or other separable asset, such composite rent shall
be treated as under:
Particulars Taxable under the head

Sum received for the use of ‘Income from house property’.
building.
Sum received for other ‘Profits & gains of business or

amenities or other separable profession’; or ‘Income from
assets. other sources’

However, if segregation of composite rent is not possible,

then the whole amount will be taxed either under the head
‘Profits & gains of business or profession’ or ‘Income from
other sources’.
Tax point: Rent from paying guest is, generally, taxable under
the head ‘Income from other sources’.
 Letting of building with other inseparable assets (like

machinery, plant, furniture): If letting of only building is
not possible or not acceptable to the other party, then sum
received as rent from the properties is chargeable as
business income or income from other sources even if the
composite rent is segregable. E.g., letting out of hotel
rooms, auditoriums, etc.
Co-ownership [Sec. 26]

If two or more persons own a house property jointly, then they
are known as co-owners. If individual share of each co-owner
is definite and ascertainable then the share of each such person
shall be taxable as his income from house property.
Tax treatment
1) Share of each co-owner in the income from the property as
computed in accordance with sec. 22 to 25 shall be included in
his total income.
2) Where the house property is owned by co-owners and is
occupied by each of the co-owner then all of them can claim
benefit u/s 23(2)(a) and interest on loan shall be allowed to all
the co-owners to the extent of Rs. 30,000/Rs. 2,00,000 as the
case may be.

Note: Provision of Sec. 26 is mandatory and not optional.
Partner’s property used by the firm

The business carried on by the firm should be regarded as
carried on by all the partners. Thus, annual letting value of a
property belonging to the assessee which is in occupation of
the firm in which assessee is the partner, is not includible in
income of the assessee-partner u/s 22.
Property held as stock-in-trade [Sec. 23(5)]

Where house property is held as stock-in-trade & not let out
during any part of the previous year, then annual value of such
property shall be computed as under:
Period Annual Value

Up to 1 year from the end of the Annual value of such
financial year in which the property shall be taken to
certificate of completion of be nil.
construction of the property is
obtained from the competent
authority
After the completion of aforesaid Annual value of such
period property shall be computed
as per other provisions.
Doctrine of mutuality
Sec. 22 levies tax on annual value of house-property and not on
actual income from house property. In case of a club, which
provides recreational facilities exclusively to its member and
their guest and not to any non-members, it is considered as a
non-profit seeking person and run on no- profit no-loss basis.
Such club is running on the principle of mutuality and its

members are not entitled to any share of profit. In the case of
such a mutual concern, not only the surplus of the organisation
but also the annual value of the club house shall be exempted
from tax.
Exempted Properties
Income from the following house properties are exempted
from tax:
 Any one palace or part thereof of an ex-ruler, provided the

same is not let out [Sec. 10(19A)].
Taxpoint: If the ex-ruler has a house property and the part of
which is self-occupied and remaining let out then only the self
occupied part of the house property shall be exempted.
 House property of a local authority [Sec. 10(20)].

 House property of an approved scientific research
association [Sec. 10(21)].
 House property of an educational institution [Sec.
10(23C)].
 House property of a hospital [Sec. 10(23C)].
 House property of a person being resident of Ladakh [Sec.
10(26A)]
 House property of a political party [Sec. 13A]
 House property of a trade union [Sec. 10(24)]
 A farm house [Sec. 10(1)]
 House property held for charitable purpose [Sec. 11]

 House property used for own business or profession [Sec.

22].
Computation of Income
The chapter is divided into the following categories for the
purpose of computation:
 Let out property [Sec. 23(1)]
 Property not actually occupied by the owner [Sec.
23(2)(b)]
 Self-occupied property [Sec.23(2)(a)].
 Partly let out and partly self occupied property [Sec. 23(3)]
 Deemed to be let out property [Sec. 23(4)].
 Recovery of arrears of rent and unrealized rent [Sec.
25A].
LET OUT PROPERTY [SEC. 23(1)]
Computation at a glance
Computation of Income from house property of _____ for the
Assessment Year ______ .

Gross Annual Value (GAV) *********
Less: Municipal tax ********
Net Annual Value (NAV) ********
Less: Deductions u/s

24(a) Standard deduction [30% of ****

NAV]
24(b) Interest on borrowed capital **** ****
Income from house property ****
Gross Annual Value (GAV)

Normally, income tax is charged on income, but under the head
‘Income from house property’, tax is not charged on the rent
earned from house property but on the inherent earning
capacity of the house property. Such earning capacity is
termed as Annual Value. Annual value is determined
considering the following factors:
(A) Actual Rent Receivable [ARR]
Any sum receivable as rent of the house property for the
previous year is an evidence for determining the earning
capacity of the building. Such actual rent receivable is to be
computed on accrual basis. However, where tenant pays rent,
which is influenced by benefits provided by the owner of the
property, such rent must be disintegrated to determine actual
rent i.e. De-facto rent of the property.
De facto rent = ARR – Cost of amenities.
Taxpoint: While computing actual rent receivable,
outstanding rent shall be considered but advance rent received
during the financial year is not to be considered.
(B) Gross Municipal Value
It means the annual value of the property decided by
municipality on which they charge municipal tax. Such
valuation may also be taken as evidence of earning capacity of
a property.
In metro cities (i.e. Chennai, Delhi, Kolkata, Mumbai),

municipal authorities charge tax on Net Municipal Value after
giving a deduction for repairs (being 10% of Gross Municipal
value) and an allowance for service taxes (like sewerage tax,
water tax etc. as a % of Net Municipal value). Hence, the
relation between Gross Municipal Value and Net Municipal
Value can be concluded as under –
In metro cities NMV = GMV – 10% of GMV –

Sewerage/Water Tax etc. (as a % of
NMV)
In non-metro cities GMV = NMV
(C) Fair or Notional rent of the property

Fair or notional rent of a property means rent fetched by a
similar property in the same or similar locality. Though two
properties might not be exactly similar still it is an indicator of
rent reasonably expected from the property. An inflated or
deflated rent due to emergency, relationship and such other
conditions need to be adjusted to determine fair rent.
For instance, a property was let out to a friend for a monthly
rent of Rs. 2,000 which might be let out to another person at the
rate of Rs. 2,500 p.m. In such case, fair rent of the property shall
be Rs. 2,500 p.m.
(D) Standard rent under the Rent Control Act
Standard rent is the maximum rent, which a person can legally
recover from his tenant under the Rent Control Act prevailing
in the State in which the property is situated. A landlord cannot
reasonably expect to receive from a tenant any amount more
than Standard Rent. Accordingly, it can be concluded that if the
property is covered by the Rent Control Act then Reasonable

Expected Rent (RER) cannot exceed Standard Rent.
Computation of Gross Annual Value

Step 1: Calculate reasonable expected rent (RER) of the
property being higher of the following:
a) Gross Municipal Value.
b) Fair Rent of the property.
Note: RER cannot exceed Standard Rent.
* Reasonable Expected Rent (RER) is also known as Annual
Letting Value (ALV).
Step 2: Calculate Actual Rent Received or Receivable (ARR)
for the year less current year unrealised rent (UR) subject to
certain conditions#.
#Unrealised Rent [Rule 4]: Unrealised Rent of current year
shall be deducted in full from Actual Rent Receivable,
provided the following conditions are satisfied:
i) The tenancy is bona fide;
ii) The defaulting tenant has vacated the property or steps have
been taken to compel him to vacate the property;
iii) The defaulting tenant is not in occupation of any other
property of the assessee;
iv) The assessee has taken all reasonable steps to institute legal
proceeding for the recovery of the unpaid rent or has
satisfied the Assessing Officer that legal proceedings

would be worthless.
Step 3: Compare the values calculated in step 1 and step 2 and
take the higher one.
Step 4: Where there is vacancy and owing to such vacancy the
‘ARR – UR’ is less than the RER, then ‘ARR - UR’ computed
in step 2 will be treated as GAV.
Taxpoint: Reasonable Expected Rent cannot exceed Standard
Rent but can be lower than Standard Rent
In nutshell, GAV shall be computed as under
Steps Particulars Amount

Ist Compute Reasonable Expected Rent [RER]
Gross Municipal Value (a) Fair Rent (b)
Higher of the (a) and (b) [A]
2nd Standard rent (B)
3rd Reasonable expected rent [Lower of (A and
4th B)] [C]
Actual rent received or receivable (ARR) –
Unrealised Rent of the current year (UR)
[D]
Gross annual value
Higher of C and D considered as GAV
However, where ‘ARR – UR’ is lower due
to vacancy, then ‘ARR - UR’
computed in step 2 will be treated as GAV.

ILLUSTRATION 1 [COMPUTATION OF REASONABLE

EXPECTED RENT]
Calculate Reasonable Expected Rent from the following
details:
Particulars House 1 House

House House
3 House
4 5
2
Gross Municipal Value (a) 10,00012,00012,00018,00016,000
Fair Rent (b) 8,000 16,00016,00010,00017,000
Higher of the [(a) and (b)] 10,00016,00016,00018,00017,000

[A]
Standard Rent as per Rent 10,00014,000N.A 8,000 20,000

Control Act [B]
Reasonable Expected Rent 10,00014,00016,0008,000 17,000

[Lower of [(A) & (B)]
ILLUSTRATION 2 [WHEN THERE IS NEITHER

UNREALISED RENT NOR VACANCY PERIOD]
Calculate Gross Annual Value for the following house
properties. (Rs. in ‘000)
Particulars H1 H2 H3 H4 H5 H6
Gross Municipal value for the 120 130 140 150 160 180
whole year
Fair rent for the whole year 105 115 135 155 175 168
Standard rent (for whole year) NA 100 135 180 165 144

Actual rent receivable 100 110 135 175 200 100
Period of the previous year (in 12 12 12 12 12 10

months)
Solution
Computation of Gross annual value (GAV)
Step Particulars H1 H2 H3 H4 H5 H6
Calculation of RER
Gross Municipal 120 130 140 150 160 1501

Value (a)
Fair Rent (b) 105 115 135 155 175 1401
Higher of the [(a) and 120 130 140 155 175 150
(b)] [A]
Standard Rent [B] NA 100 135 180 165 1201
1st RER [Lower of (A) 120 100 135 155 165 120
and (B)]
2nd ARR 100 110 135 175 200 1001
3rd Gross Annual Value 120 110 135 175 200 120
In case of H6, previous year period is of 10 months, which

denotes that construction or acquisition of such house property
was completed on 1st of June of the previous year, therefore,
Municipal Value, Fair Rent and Standard Rent has been
proportionately reduced.

ILLUSTRATION 3 [WHEN THERE IS UNREALISED

RENT BUT NO VACANCY PERIOD]
Find out the gross annual value in case of the following
properties let out throughout the previous year for the
assessment year 2021-22.
Particulars H1 H2 H3 H4 H5
Municipal annual value 90 500 30 100 315
Fair rent 300 300 300 300 300
Standard rent under the Rent Control 50 800 240 250 500
Act
Actual rent receivable p.a. 120 600 180 360 150
Unrealised rent of the P.Y. 2020-21 (in 2 3 1 3 2

terms of months)
Solution
Computation of gross annual value
Step Particulars HI H2 H3 H4 H5
Calculation of RER
Gross Municipal Value 90 500 30 100 315
Fair Rent 300 300 300 300 300

Ist Higher of the above [A] 300 500 300 300 315
Standard Rent [B] 50 800 240 250 500

Reasonable Expected Rent [lower of 50 500 240 250 315

A and B] [C]
Calculation of (ARR – Unrealised

Rent)
Actual rent receivable p.a. 120 600 180 360 150

IInd
Unrealised rent 20 150 15 90 25
ARR – Unrealised Rent [D] 100 450 165 270 125
IIIrd Gross Annual Value (being higher 100 500 240 270 315
of step 1 and step 2)
ILLUSTRATION 4 [WHEN THERE IS VACANCY

PERIOD BUT NO UNREALISED RENT]
Find out the Gross annual value in case of the following
properties.
Particulars H1 H2 H3 H4 H5 H6
Gross Municipal Value p.a. 200 300 400 500 300 300
Fair rent p.a. 300 600 750 180 200 400
Standard rent under the Rent 300 180 280 225 250 240
Control Act p.a.
Actual rent p.a. 600 900 300 240 216 240
Property remains vacant (in 1 3 2 1 2 1

number of month)

Solution
Step ParticularsWorking H1 H2 H3 H4 H5 H6
1st Calculation Higher of GMV 300 180 280 225 250 240
of RER and FR (RER
cannot exceed SR)
2nd ARR For the period 550 675 250 220 180 220
actually let out
3rd Higher of Higher of Step 1 & 550 675 280 225 250 240
above Step 2
4th Gross Annual Value 550 675 250 220 250 220
ILLUSTRATION 5 [WHEN THERE IS UNREALISED

RENT AS WELL AS VACANCY PERIOD]
Find out the gross annual value in respect of the following
properties for the A.Y. 2021-22.
Particulars H1 H2 H3
Gross Municipal value 150 180 120
Fair rent 140 140 240
Standard rent 120 240 300
Actual rent if property is let out throughout the 180 300 150
previous year 2020-21
Unrealised rent of the previous year 2020-21 25 40 20

Unrealised rent of the year prior to the previous 30 50 60

year 2019-20
Period when the property remains vacant (in 3 1 -

number of months)
Solution
Working: Calculation of ARR – Unrealised Rent
H1: [{(1,80,000/12) × 9} – 25,000] = Rs. 1,10,000
H2: [{(3,00,000/12) × 11} – 40,000] = Rs. 2,35,000
H3: [1,50,000 – 20,000] = Rs. 1,30,000
Step Particulars Working H1 H2 H3
1st Calculation of Higher of GMV and FR 120 180 240

RER (RER cannot exceed SR)
ARR less
current year
2nd unrealized rent Working 1 110 235 130
(for let out
period only)
3rd Higher of Higher of Step 1 & Step 2 120 235 240

above
4th Gross Annual 1101235 2402

Value

DEDUCTIONS U/S 24
The list of deduction u/s 24 is exhaustive i.e., no deduction can

be claimed in respect of expenditures which are not specified
under this section e.g., no deduction is allowed for repairs,
collection charges, insurance, ground rent, land revenue, etc.
1) Standard deduction u/s 24(a)
30% of the net annual value is allowed as standard deduction
in respect of all expenditures (other than interest on borrowed
capital) irrespective of the actual expenditure incurred.
Note: Where NAV is negative or zero, standard deduction u/s
24(a) is not available.
2) Interest on loan or borrowed capital u/s 24(b)
Interest payable on amount borrowed for the purpose of
purchase, construction, renovation, repairing, extension,
renewal or reconstruction of house property can be claimed as
deduction on accrual basis.
ILLUSTRATION 6
Following information are provided by an assessee for his
house properties for computing interest on loan allowed u/s
24(b):

Particulars HP1 HP2 HP3 HP4 HP5

Interest on loan taken for 20,00030,00010,00015,00025,000
repair of H.P.

purchasing H.P. (50%
paid)
Interest on new loan taken 10,00012,00013,00014,00016,000

for repaying old loan
which was taken for
purchasing H.P.

payment of interest on
earlier loan
Interest on loan for 2,000 2,000 2,000 2,000 2,000

payment of Municipal tax
Interest on loan by -- -- 5,000 -- --

mortgaging HP3 for
business purpose
Interest on loan for 20,000-- -- -- --

reconstruction of HP1 paid
outside India without
deducting tax at source
Interest on loan for

reconstruction of HP2
payable outside India on -- 20,000-- -- --
which TDS has not been
deducted and no payment
yet been made
Interest on loan on 10,000-- -- -- --

mortgage of HP1 for
renovation of HP2
Solution
Calculation of ‘Interest on loan’ allowed u/s 24(b)
Particulars Note HP1HP2HP3HP4HP5

Interest on loan taken for Allowed20 30 10 15 25
repair of H.P.
Interest on loan taken for 1 20 25 30 17 18

purchasing H.P.
Interest on new loan taken for Allowed10 12 13 14 16

repaying old loan which was
taken for purchasing H.P.
Interest on loan taken for Not - - - - -

payment of interest on earlier Allowed
loan
Interest on loan for payment Not - - - - -

of Municipal tax Allowed
Interest on loan by 2 - - - - -
mortgaging HP3 for business
purpose

Interest on loan for 3 - - - - -

reconstruction of HP1 paid
outside India without
deducting tax at source
Interest on loan for

reconstruction of HP2
payable outside India on 4 - - - - -
which TDS has not been
deducted, and no payment
yet made.
Interest on loan on mortgage 5 - 10 - - -

of HP1 for renovation of
HP2
Interest on loan allowed u/s 50 77 53 46 59

24(b)
RECOVERY OF UNREALISED RENT AND

ARREARS RENT [SEC. 25A]
Applicability
The assessee has received arrears of rent received from a
tenant or the unrealised rent realised subsequently from a
tenant
Tax Treatment
The amount so received shall be taxable under the head
‘Income from house property’ in the year of receipt after
deducting standard deduction @ 30% of such amount.
Arithmetically, taxable amount shall be –

= 70% x [Recovery of Arrear Rent or Unrealised Rent]
Taxpoint
 No other deduction shall be allowed from such income except

standard deduction i.e. 30% of such receipt. (even legal
expenditure shall not be allowed as deduction)
 The income is taxable on cash basis.

Note: Such receipt shall be chargeable as income from house
property although the assessee is not the owner of such
property in the year of receipt.
ILLUSTRATION 7
Mr. Lucky Ali owns a house property let out since 1/4/2016 to
a school for monthly rent of Rs. 10,000. There was no change
in rent till 31/3/2020. On 1/4/2020, as per court decision rent
was increased to Rs. 12,000 p.m. with retrospective effect
from 1/4/2018 and duly paid by school in the same year. Legal
expenditure for such suit has been incurred by Mr. Ali Rs.
30,000. Discuss tax treatment u/s 25A.
Solution
Arrears rent belongs to the period 1/4/2018 to 31/3/2020 i.e.,
for 24 months.
Arrears rent received = Rs. 2,000 × 24 months = Rs. 48,000
Such rent is taxable in the year of receipt as under:
Particulars Amount
Arrears of rent received 48,000

Less: Standard deduction u/s 24(a) equal to 30% of 14,400

such rent
Income from house property u/s 25A 33,600
Note: Legal expenditure is not deductible.
Illustration 8
Mr. Krishnan constructed one house in 2018. Half of the
portion is let out and the remaining half is used for his
residence. particulars are available.
Municipal value 12500
Rent received 10000
Municipal tax 2500
Ground rent 250
Repairs 2000
Interest on loan taken for 2500

construction
Compute his income from house property for the AY 2021-22

Solution
Computation of income from House property
Particulars Rs. Rs.
Let out portion (half)

Rent received 10000
Less municipal taxes 1250
Annual Value 8750
Deductions U/s 24:
30 % of Annual Value 2625
Interest on Loan 1250 3875
Income from let out portion 4875
Self occupied portion
Annual Value Nil
Deductions:
Interest on loan taken for construction 1250 1250

(deduct)
Income from House Property 3675
Illustration 9
Mrs. Leela is the owner of a house in Kollam. The details
regarding her house are given below.
Municipal value 8400
Rent received 9000

Total Municipal tax 1260
Municipal tax paid by tenant 420
Ground rent 250
Repairs 2000
Interest on loan taken for renewing the house300
Unrealized rent recovered 4000
Compute her income from house property for the AY 2021-22

Solution
Computation of income from house property
Rent received 9000
Less municipal taxes paid by owner 840
Annual value 8160

Less: Deduction: 30% of annual value 2448
Interest on loan taken for construction 300 2748
Income from the house property 5412
Recovery of unrealized rent 4000
Income from house property 9412

Illustration 10
Vipin das is the owner of a house in vatakara. It has let out for
rent fixed as /Rs. 90000 per annum. The municipal tax is fixed
as Rs. 10000, which according to agreement is to be paid by
the tenant. The owner spent the following amount for
providing additional facilities to the tenant.
Water charges 1000
Lift repair 1000
Lighting 800
Gardeners salary 1200
The landlord claims the following deductions

Collection charges 2000
Land revenue 10000
Repairs 30000
Legal expenses to purchase land 24000
Compute his income from house property 2019-20
Solution
Particulars Rs. Rs.

Rent received 90000
Less: Amenities provided by the owner

Water 1000
Lift Repair 1000
Lighting 800
Gardeners’ Salary 1200 4000
Annual Value 86000

Deductions U/s 24:
30 % of Annual Value 25800
Income from House Property 60200

Module IV
PROFIT OR GAINS OF BUSINESS OR
PROFESSION
Business [Sec. 2(13)]
Business includes –
 Any trade, commerce or manufacture; or
 Any adventure or concern in the nature of trade, commerce or

manufacture.
Generally, business means recurring economic activity, but for
income tax purpose an isolated activity may be termed as
business depending upon facts and circumstances. Following
elements shall be considered to judge a transaction as business
transaction:
 Nature of commodity
 Intention of the party
 Efforts applied in transaction
 Periodicity of transaction
 Nature of transaction (whether incidental to a business or not)
Profession [Sec. 2(36)]

Profession includes vocation. Profession requires purely
intellectual skill or manual skill on the basis of some special
learning and qualification gathered through past training or

experience e.g. chartered accountant, doctor, lawyer etc.
Professional skill can be acquired only after patient study (in a
particular system either a college, university or institute) and
application (i.e. experience).
Vocation implies natural ability of a person to do some
particular work e.g. singing, dancing, etc. The term “vocation”
is different from the term “hobby”. Vocation must have the
earning feature. It can be treated as an earning means by which
a man passes his life. Unlike profession, vocation does not
require a degree or special learning.
INCOME CHARGEABLE UNDER THE HEAD PROFITS
& GAINS OF BUSINESS OR PROFESSION [SEC. 28]
Sec. 28 enlists the incomes, which are taxable under the head
‘Profits & gains of business or profession’:
Profits & gains of any business or profession [Sec. 28(i)]:
Any income from business or profession including income
from speculative transaction shall be taxable under this head.
1) Compensation to Management agency [Sec. 28(ii)]: Any
compensation/other payment due to or received.
2) Income of trade or professional association’s [Sec. 28(iii)]:
Income derived by a trade, professional or similar association
from rendering specific services to its members shall be
taxable under this head.
Note: This is an exception to the general principle that a
surplus of mutual association cannot be taxed.
3) Export incentive [Sec. 28(iiia) (iiib) & (iiic)]: An export

incentive in form of –
 Profit on sale of import license or duty entitlement pass book.

[Sec. 28(iiia)/(iiid)/(iiie)]
 Cash assistance received/receivable by an exporter under a

scheme of the Government of India [Sec. 28(iiib)]
 Duty draw back (received/receivable) for export e.g. Excise

duty drawback, etc. [Sec. 28(iiic)]
4) Perquisite from business or profession [Sec. 28(iv)]: The
value of any benefit or perquisite, whether convertible into
money or not, arising from business or profession shall be
taxable under this head.
Examples: If an authorized dealer of a company receives a car
(over and above his commission) from the company on
achieving sale-target then market value of such car shall be
taxable under the head ‘Profits & gains of business or
profession’.
5) Remuneration to partner [Sec. 28(v)]: Any interest salary,
bonus, commission or remuneration received by a partner from
the firm (or Limited Liability Partnership) shall be taxable as
business income in the hands of the partner to the extent
allowed in hands of firm (or Limited Liability Partnership) u/s
40(b).
6) Amount received or receivable for certain agreement [Sec.
28(va)]: Any sum, whether received or receivable in cash or in
kind, under an agreement for –
 not carrying out any activity in relation to any business or

profession; or

 not sharing any know-how, patent, copyright, trade mark,

licence, franchise or any other business or commercial right
of similar nature or information or technique likely to assist
in the manufacture or processing of goods or provisions for
services. Exceptions: The aforesaid provision is not
applicable in respect of the following:
a)any sum received or receivable in cash or in kind on account
of transfer of the right to manufacture, produce or process any
article or thing; or right to carry on any business or profession,
which is chargeable under the head Capital gains;
b) any sum received as compensation from the multilateral
fund of the Montreal Protocol on Substances that Deplete the
Ozone Layer under the United Nation Environment
Programme, in accordance with the terms of agreement
(whether or not in writing, whether or not intended to be
enforceable by legal proceedings) entered into with the
Government of India.
7) Keyman Insurance Policy [Sec. 28(vi)]: Any sum received
under a Keyman Insurance Policy including bonus on such
policy. As per sec. 10(10D) Keyman insurance policy is a life
insurance policy taken by a person on the life of another person
who is or was:
 an employee of the first mentioned person; or
 in any manner whatsoever connected with the business of the

first mentioned person.
 and includes such policy which has been assigned to a person,

at any time during the term of the policy, with or without any
consideration.

8) Conversion of stock into capital asset [Sec. 28(via)]: The

fair market value of inventory as on the date on which it is
converted into, or treated as, a capital asset.
9) Recovery against certain capital assets covered u/s 35AD
[Sec. 28(vii)]: Any sum received or receivable (in cash or 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 u/s 35AD.
SPECIFIC DEDUCTIONS
As per sec. 29, income under this head will be computed
considering the provisions of sec. 30 to 43DB, which decides
the admissibility of expenditures for computing income under
this head.
1) Rent, rates, taxes, repairs & insurance for building [sec.
30]: Rent, rates, taxes, repairs & insurance for premises used
for the purpose of business or profession shall be allowed
under this section.
2) Repairs & insurance of machinery, plant & furniture
[sec. 31]: Repairs & insurance of plant, machinery &
furniture are allowed as deduction. Points to be noted in this
regard:
a) Use of asset: The asset must be used for the purpose of
business or profession. However, if the asset is not
exclusively used for the purpose of business or profession
then deduction shall be restricted to a fair proportion of
above expenditure, which the Assessing Officer may
determine [Sec. 38(2)].

b) Current repair vs Capital repair: Only current repairs are

allowed as deduction.
Examples:
 Heavy expenditure incurred for replacement of part of a
ship without creating any asset is deductible
 Any expenditure on the replacement of petrol engine by a
diesel engine on his vehicle is allowed u/s 31.
c) Rent for furniture, plant or machinery: Only repairs &
insurance of machinery, plant & furniture is covered under
this section. Rent paid for use of such assets is deductibleu/s
37(1)
Depreciation [sec. 32]: Sec. 32 provides for depreciation on –
Tangible Building, Machinery, Plant and Furniture.

assets
Intangible Know how, Copyright, Trade Mark, Patent,
assets Licence, Franchise, or any other business or
commercial right of the similar nature acquired on
or after 1/4/1998
Rules for claiming depreciation
Depreciation is allowed, not on individual assets, but on a block
of assets put together collectively. Block of assets means a
group of assets which comprises.
a) Tangible assets like building, machinery, plant or furniture
and

b) Intangible assets like know-how patents, copyrights, trade

marks, licenses, franchises or any other business or
commercial rights of similar nature.
Block of Assets [Sec. 2(11)]

Block of assets means a group of assets of same nature, in
respect of which same rate of depreciation is charged. In other
words, to fall in the same block, the following two conditions
are to be satisfied:
 Assets must be of same nature;
 Tangible assets being building, machinery, plant or

furniture, and Intangible assets, being know-how, patents,
copy-rights, trade marks, licenses, franchises or any other
business or commercial rights of similar nature acquired on
or after 1-4- 1998;
 Rate of depreciation on such asset must be same.
Rate of depreciation for block of assets-

Block Nature of Asset
Buildings1 5% Residential building other than hotels and
boarding
Buildings 10% Non residential building, godown, office,
factory, etc. including hotels and boarding
Buildings 40% Temporary construction

Furniture 10% Any furniture including electrical fittings

Plant/Machinery Ocean going ships, vessels, speed boats

20%
Plant/Machinery Motor car (including lorries and buses) used
30% for hiring purposes
Plant/Machinery Computer including computer software
40% Books owned by a professional
Plant/Machinery Air or water pollution control equipment
40%
Plant/Machinery Oil Wells
15%
Plant/Machinery In general (if nothing is mentioned regarding
15% nature of plant & machinery and including
motor car not used for hiring purpose)
Intangible Acquired after 31/3/98
assets 25%
Expenditure on Scientific Research (Section 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.
The word Scientific Research has been defined as 'an activity
for the extension of knowledge in the fields of natural or
applied sciences including agriculture, animal husbandry or
fisheries'. Such an activity may result in an improved efficiency
and this in turn increases the productivity of the process. So, in
order to encourage people to enhance the productivity,
government has provided certain tax incentives under this
section by way of deduction for expenditure incurred in
respect of Scientific Research.

Such Scientific research may be carried out for the

purpose of
(a) Extension of business;
(b) Providing medical facilities to the employees.
Deduction under this section is allowed in two

ways:
(a) When assessee takes up scientific research on his own
(b) When assessee contributes amount for carrying out
scientific research to an approved body.
When assessee takes up scientific research on his

own
When assessee carries on any scientific research, the
expenditure incurred by him for such may be
(a) Revenue expenditure or
(b) Capital expenditure
The treatment of above is as follows.
(a) Revenue expenditure
Any revenue expenditure incurred by the assessee in respect of
Scientific research within 3 years immediately preceding the
year of commencement of business shall be allowed deduction
in the year of commencement. Such revenue expenditure may
be in respect of salaries (excluding any perquisites) payable to
the staff involved in the research; for acquiring the inputs
required to carry out the research or any such eligible
expenditure.
(b) Capital expenditure

Any Capital expenditure incurred by the assessee is deductible
100% in the year it is incurred.
Conditions:
1. No deduction will be allowed on the capital expenditure
incurred on acquisition of land on or after 29/02/1984
whether the land is acquired as such or as a part of
property.
2. The Capital asset shall be used for the purpose of scientific
research only. Any question on the usage of the asset shall
be referred to the Central Government or prescribed
authority.
3. Any Capital expenditure allowed as deduction, if it is not
absorbed in the current year, shall be carried forward for
indefinite period, until it is set off.
4. If any deduction in respect of capital expenditure is claimed
under this section, Depreciation under Section 32 cannot be
claimed again on the same capital asset.
5. In these ways, expenditure incurred by the assessee on
scientific research carried on by him is deductible. It is
worthwhile to mention Section 35(2AB) here.
Section 35(2AB): Expenditure on In-house research

and development expenses (This also comes under (A)
Assessee takes up scientific research on his own)
Under this section, a weighted deduction of 2 times is given to
a Company engaged in the manufacture of any article or thing
(other than those mentioned in Eleventh Schedule), which
incurs any capital or revenue expenditure on In-house research

and development facility up to 31/03/2012.
Conditions:
(1) The assessee who incurs such expenditure shall be a
Company
(2) Capital expenditure in the nature of land or building is not
allowed weighted deduction under this section. The cost of
building (excluding the cost of land) shall be given
deduction of 100% as mentioned in (b) Capital expenditure
above.
(3) To claim this deduction, the company shall enter into an
agreement with the prescribed authority for co-operation in
the R&D facility and for the audit of accounts of the
company.
When assessee contributes amount for carrying out

scientific research to an approved body
A weighted deduction of such amount contributed is given in
the following cases.
(1) Amount paid to a University/College/School/Research
association:
Any amount contributed by the assessee to any of the above
mentioned institutions shall be given a weighted deduction of
1.75 times, even if the field of research of such institution is
different from that of the assessee.

Conditions:
i) Such institution should have 'scientific research' as its main
objective.
ii) Such institution should be approved by the Central
Government for this purpose.
(2) Amount paid to a Company registered in India:
Any amount contributed by the assessee to a Company
registered in India shall be given a weighted deduction of 1.25
times, even if the field of research of such Company is different
from that of the assessee.
Conditions:
(a) Such Company should have 'scientific research and
development' as its main objective.
(b) Such Company should be approved by the prescribed
authority for this purpose.
(3) Amount paid to a University/College/School/Research
association carrying out Social or Statistical research:
Any amount contributed by the assessee to such institutions
shall be given a weighted deduction of 1.25 times, even if the
field of research of such institution is different from that of the
assessee.
(a) Such institution should have 'social or statistical research'
as its main objective
(b) Such institution should be approved by the Central
Government for this purpose.

(4) Amount contributed to National Laboratory [Section

35(2AA)]:
Any amount contributed by the assessee to a National
laboratory* or University or IIT or to a specified person
(approved by prescribed authority) with a specific direction
that the amount shall be used for the purpose of scientific
research, shall be given a weighted deduction of 2 times.
National Laboratory
Any laboratory functioning at national level under the aegis of
i) Indian Council of Agricultural Research
ii) Indian Council of Medical Research
iii) Council of Scientific and Industrial Research
iv) Defence Research and Development Organisation
v) Department of Electronics
vi) Department of Bio-technology
vii) Department of Atomic Energy
In all the above cases, deduction shall not be denied on the
ground that subsequent to such contribution by the assessee,
approval granted to the done has been withdrawn by the
prescribed authorities.
OTHER DEDUCTIONS SECTION 36

Expenses allowable as deduction:

 Insurance– This includes insurance premium paid on the

following:
1) Stock– this can be claimed as a deduction for businessmen
for whom stock-in-trade is of high value and the risk
related to stock is high. For example, traders, jewelers etc.
2) Cattle– this insurance premium is paid by a federal milk
society on life of cattle.
3) Health of employees– labor forms a significant part of
business and many employees take an insurance on the
health of their employees. This is allowed as a deduction if
it is paid in any mode other than cash. The premium paid can
be claimed as a deduction if it is paid to General Insurance
Company or any other insurer approved by IRDA.
 Bonus and commission paid to employees– This sum is

allowed as a deduction if it would not have been paid as
dividend or profits. This bonus need not be within the
statutory limits specified under Payment of Bonus Acts. It
is sufficient if it paid within the time limits. Incentives
paid to employees are not covered in this section.
However, since it is used for the purpose of Business or
Profession, it can be claimed under general deductions
section u/s 37.
 Interest on borrowed capital– Interest on the amount

borrowed for business and profession is allowed as a
deduction on payment basis.
 If the interest is borrowed for acquisition of an asset, the
following rule applies:

The interest paid in the above period will not be

allowed as a deduction.
 Discount on Zero Coupon Bonds (ZCB)- where the discount
will be amortized over the life of the ZCB.
 Employer’s contribution to a Recognised Provident Fund

or a Superannuation Fund is allowed as a deduction on
payment basis i.e. only in the year in which it is actually paid.
This deduction is not on the accrual basis and is on payment
basis.
 Employer’s contribution to pension fund specified u/s

80CCD on behalf of his employees. This amount shall be
available as a deduction to the extent of 10% of the salary of
the employees. Salary includes Dearness Allowance but
excludes other perquisites and allowances.
 Employer’s contribution to an approved gratuity fund for

benefit of his employees is deductible on payment basis.
Likewise, when employees contribute to the gratuity fund and
this contribution is deposited by the employer within the
stipulated due date it can be claimed as a deduction.
 Animals used in business when they are not used as stock in

trade and they die or become useless, the following amount
can be claimed: Cost of buying the animal – amount realized
on sale.

 Bad debts written off– This amount can be claimed if

the bad debt is incidental to the business and should have
been taken into account while computing income. But this
shall not include provision created for the same.
Provision for bad debts in case of banks and certain financial
institutions- in case of the following banks (scheduled banks,
primary agriculture credit society, primary cooperative
agriculture bank, rural development bank),
An amount = 8.5% of gross total income + 10% of aggregate
average advances by rural branches shall be allowed as a
deduction.
For banks incorporated outside India and other financial
institutions, 5% of the gross total income shall be allowed as a
deduction. The above amount shall be calculated before taking
into account any deductions under Chapter VI-A.
 Special reserve created by certain entities being, IDFC,

Housing Finance Co. etc. and when any profit from an
eligible business is transferred to the reserve, it can be
claimed as a deduction. This amount of deduction is capped
at a maximum of the following:
20% of profits from eligible business
 Amount transferred < 2 (paid-up capital + general reserves)
 Eligible business for this purpose includes providing long-
term finance for industrial, agricultural, infrastructure and
housing development companies.
Further, if the amount transferred to this reserve is withdrawn,
it shall be treated as business income in the year of withdrawal.

 Expenses incurred by a company for purpose of promoting

family planning among employees is allowed as a
deduction in the following manner:
 1/5th of the amount which is of capital nature is allowed in
the year of deduction and the remaining over the succeeding
4 years.
 Any expenses which are not capital in nature and is

incurred by a corporation or a body corporate (which is
established by a Central or a State Act or notified in a
Gazette)
 Amount of banking cash transaction tax paid by the

assessee on taxable banking transaction.
 Contribution to credit guarantee fund trust of small-scale

industries by a public financial institution.
 Amount paid as Securities Transaction Tax (STT) on

taxable security transactions and the income relating to this
tax should have been included as business income. These
transactions must be entered into in the course of business.
This means that dealers in stock markets and businesses
who undertake trading are eligible for this deduction.
 Amount paid as Commodities Transaction Tax (CTT) on

taxable commodity transactions and the income relating to
this tax should have been included as business income.
These transactions must be entered into in the course of
business. This deduction is for commodity brokers and
dealers.
 Amount of expenditure incurred by a co-operative

society manufacturing sugar, in purchasing sugarcane
when the price paid is less than or equal to the price fixed by
the Government.
 Marked to market loss or other loss computed in

accordance with Income Computation & Disclosure
Standards (Ex. mutual funds is an investment which is
marked to market).
GENERAL DEDUCTIONS [SEC. 37(1)]

Any expenditure which is not specifically provided in any
provisions (discussed earlier) of the Act and fulfills following
conditions, shall be allowed as deduction under this section –
1. It must be real and not notional, fictitious or in lieu of
distribution of profit.
2. It must be expended wholly & exclusively for the purpose of
business or profession carried on by the assessee.
3. It must have been incurred in the previous year.
4. It must not be a personal expenditure.
5. It must not be a capital expenditure.
6. It must be lawful and not have been incurred for any
purpose, which is an offence or prohibited, under any law.
Expenses Disallowed (Section 40)

The following amounts shall not be deducted in computing the
income chargeable under the head "profits and gains of
business or profession:

i) Interest, royalty, fees for technical services payable outside

India
ii) TDS not deducted on certain payments:
iii) Rate or Tax Paid on Profits:
iv) Wealth Tax [Section 40a(iia)]:
v) Amount paid by way royalty, license fee, service fee,
privilege fee, service charge by State Government
undertaking to State Government.
vi) Salaries [Section 40a(iii)]: Any payment which is chargeable
under the head “salaries” if It is payable–
a) outside India; or
b) to a non-resident
vii) Payment to Provident Funds etc: Any payment to a Provident
Fund or other fund established for the benefit of employees
of the assessee would be disallowed increases where the
assessee (employer) has not made effective arrangements to
secure deduction of tax at source from any payment made
from the fund which are chargeable to tax under the head
‘salaries’ in the hands of the employees.
viii) Payment of tax on non-monetary perquisites [Section
40a(v)]:
ix) Payment to Partners by a firm (Discussed under the chapter
Assessment of firms).
x) Payment by AOPs / BOIs (Discussed under the chapter
assessment of AOP/BOI)

Illustration 1
The net profit of business of Mr. Vijayan as disclosed by its
profit and loss account were Rs. 325000 after charging the
following.
a. Municipal taxes on house property let out 3000
b. Bad debts written off 15000
c. Provision for doubtful debts 16000
d. Provision for taxation 15000
e. Depreciation 25000
f. Depreciation allowable 20000
Ascertain taxable business profit?
Solution
Net profit 325000
Add:
Municipal taxes 3000
Provision for bad debts 16000
Provision for taxation 15000
Excess depreciation 5000 39000
Business Profit 364000

Illustration 2
The following is the receipt and payment account maintained
by a registered medical practitioner. An abstract of receipts
and payments is given below. You are required to compute his
income from profession and also compute his total income for
the assessment year 2021-22.
Balance b/d 78000 Cost of medicine 8000

Consultation fees 42000 Surgical tools 6000
Sale of medicine 15000 Rent of dispensary 1400
visiting fees 20000 Motor car 100000
interest on govt. 3500 Car expense 6000
securities
rent from property 3000 Salaries 5300
loan from bank for 2000 Life insurance 2500
private use premium
Interest on bank loan 200
Property insurance 500
OYT deposit 8000
Balance c/d 25600
163500 163500

Additional information:
1. Half of the motor car expenses are meant for personal use
2. Depreciation allowable on car is 15% and surgical tools @
25%
Solution
Computation of income from profession and house
property
Particulars Rs. Rs.
Gross professional income

Sale of medicine 15000
Visiting fees 20000
Consultation fee 42000 77000
Less: Professional expenses:

Cost of medicine 8000
Rent of dispensary 1400
Salaries 5300
Car expenses –half 3000
Surgical tools @25% 1500
Depreciation on car
7500
(100000*15/100*1/2)

OYT deposit 8000 34700
Income from profession 42300

Income from house property 3000
Less 30% of AV 900 2100
Income from other sources 3500
Gross total income

47900
Illustration 3
Mr. X, a grower and manufacturer of tea, purchased machinery
(15%) on 10-04-2019 for ` 10 lakh. He computed depreciation
for A.Y. 2021-22 as given below; needs your comment on his
working:
Particulars Amount
Opening W.D.V. as on 1/4/2019 Nil
Add: Assets purchased during the year 10,00,000
10,00,000
Less: Depreciation for the P.Y. 2019-20 [Rs. 60,000

10,00,000 × 15% × 40%]
(As he is engaged in the business of growing and

manufacturing tea; hence 60% is considered as
part of agricultural income)

Opening W.D.V. as on 1/4/2020 9,40,000
Less: Depreciation for the P.Y. 2020-21 [Rs. 56,400

9,40,000 × 15% × 40%]
Opening W.D.V. as on 1/4/2021 8,83,600
Further, compute his business income for A.Y. 2021-22

assuming that his income before depreciation and without
reducing element of agricultural income is Rs. 8,00,000/-
Solution
The method of computation of depreciation followed by Mr. X
is not correct as Expl. 7 to sec.43(6) provides that:
“Where the income of an assessee is derived, in part from
agriculture and in part from business chargeable to income-tax
under the head “Profits and gains of business or profession”,
for computing the written down value of assets acquired before
the previous year, the total amount of depreciation shall be
computed as if the entire income is derived from the business
of the assessee under the head “Profits and gains of business or
profession” and the depreciation so computed shall be deemed
to be the depreciation actually allowed under this Act.”
The correct computation of depreciation are as follow:
Particulars Amount
Opening W.D.V. as on 1/4/2019 Nil
Add: Assets purchased during the year 10,00,000
10,00,000
Less: Depreciation for the P.Y. 2019-20 [Rs.
10,00,000 × 15%]

(Considering the entire income as taxable income) 1,50,000

Opening W.D.V. as on 1/4/2020 8,50,000
Less: Depreciation for the P.Y. 2020-21 [Rs. 1,27,500
8,50,000 × 15%]
Opening W.D.V. as on 1/4/2021 7,22,500
Computation of business income of Mr. X for A.Y. 2019-
20
Particulars Amount
Income before depreciation and without reducing 8,00,000
element of agricultural income
Less: Depreciation 1,27,500
6,72,500
Less: Agricultural Income being 60% of above 4,03,500
Profits and Gains of Business or Profession 2,69,000
Illustration 4
From the following figures, you are required to calculate the
depreciation admissible during the previous year.
Plant and building

machinery
Written down value at the 375000 1500000

beginning of the year
Purchased during the year 450000 nil
Sales during the year 775000 300000

Solution
Calculation of Depreciation
Plant and
Particulars Building
Machinery
WDV at the
375000 1500000
beginning
Add: purchase 450000 Nil
825000 1500000
Less: sales 775000 300000
WDV 50000 1200000

Less Depreciation 7500 120000
42500 108000
Illustration 5
Sri Ram Gopal is the owner of a business. His Profit & Loss
Account for the year ended on 31st March, 2021 is given below:
To Establishment 5,110 By Gross Profit 80,870

Charges
To Salaries 10,000By Interest on Govt. 5,352

Securities
(Net)

To Rent, Rates & Taxes 2,900 By Rent from House 5,400

Property
To Sundry Expenses 7,050
To Household Expenses 1,380
To Provision for Bad 1,200

Debts
To Loss on Sale of 1,800

Motor-car
(used for private
purpose)
To Insurance Premium 2,880

(including life
insurance Rs 1,790)
To Interest on Bank 1,380

Loan
To Provision for 6,400

Depreciation
To Advertisement in a 500
Magazine
of Political Party
To Net Profit 51,022
91,622 91,622

Following additional information are given:
(i) Bad debts written-off during the year 650.
(ii) Admissible depreciation as per I.T. rules 1,600.

(iii) Sri Ram Gopal is running his business in rented property, half
of which is used by him for his own residence. Rent of 2,400
in respect of this house is included in Rent, Rates and Taxes.
(iv) Salary of 2,000 was paid to Shri Ram Gopal. It has been
recorded in the item salaries.
Computer Sri Ram Gopal‘s taxable income from business or
profession for the assessment year 2021-22.
Solution
COMPUTATION OF BUSINESS INCOME OF SRI RAM
GOPAL (for the Assessment Year 2021-22)
Net Profit as per Profit & Loss Account 51,022
Add: Expenses disallowed but debited to P.

& L. A/c:
Salary to Proprietor 2,000
Rent (for half portion) 1,200
Household Expenses 1,380
Provision for Bad Debts 1,200
Loss on Sale of Car 1,800

Life Insurance Premium 1,790
Provision for Depreciation 6,400
Advertisement in a Magazine 500 16,270
67,292
Less: Expenses allowed but not debited to P. &
L. A/c
Bad Debts 5,352
Depreciation 5,400 10,752
Income from Business 54,290

Note: Advertise in a magazine of political party though it is for
the benefit of business, is disallowed.
Illustration 6
From the following Profit & Loss Account of Mr. Raj Kumar for
the year ended 31st March, 2021, compute income from business
or profession:
Rs. Rs.
General Expenses 4,000 Gross Profit 1,10,000
Bad Debts 2,500 Commission 10,000
Bad Debts Provision 1,500 Brokerage 15,000

Fire Insurance 750 Winning from 10,000

Crossword Puzzles
Staff Salary 20,000 Interest on 7% 1,000

National Plan
Certificates
Discount to Dealers 2,500
Salary of Raj Kumar 5,000
Interest on Overdraft 5,000
Interest on Loan of 2,500

Smt. Raj Kumar
Interest on Capital of 3,500

Mr. Raj Kumar
Depreciation on 8,000
Machinery
Advertisement 7,500
Expenses
Contribution of 5,000
Employees‘ Provident
Fund
Theft by Cashier 1,000
Net Profit 77,250
1,46,000 1,46,000

Other information are as follows:

(a) Depreciation allowed on machinery is Rs. 6,500
(b) Advertisement expenses include Rs. 4,000 spent on a neon-
sign board affixed on the office premises. It also includes Rs.
1,000 in respect of an advertisement for the lost papers of Mr.
Raj Kumar‘s building.
(c) Income of Rs. 750 accrued during the previous year is not
recorded in Profit & Loss Account.
(d) General expenses include an amount of Rs. 1,100 spent on
the party of a friend.
Solution
INCOME OF MR. RAJ KUMAR FROM BUSINESS OR
PROFESSION (for the Assessment Year 2021-22)
Net Profit as per Profit & Loss Account

Rs.
77,250
Add: Expenses disallowed but debited to P.

& L. A/c: Rs.
(1) Expenses of Party 1,100
(2) Provision for Bad Debts 1,500
(3) Exp. On Neon-sign Board 4,000
(4) Advertisement for private purpose 1,000
(5) Salary of Raj Kumar 5,000

(6) Interest on Capital 3,500
(7) Excess Depreciation (Rs. 8,000-6,500) 1,500 17,600
Add: Incomes accrued but not credited to 750

P. & L. A/c
95,600
Less: Incomes or receipt not taxable under

this head
but credited to P. & L. A/c:
(1) Winning from Crossword Puzzles 10,000
(2) Interest on 7% National Plan Certificates 1,000 11,000
84,600
Less: Depreciation @ 10% on Neon –sign Board 400
Income from Business 84,200
Notes:
(1) Capital expenditure on advertisement is not admissible w.e.f.
A.Y. 1998-99, hence expenditure on neon-sign board is not
deductible. This expenditure is subject to depreciation @ 10%
taking it in the Block of Furniture.
(2) Winning from crossword puzzles is taxable under head ‘Income
from Other Sources’.
(3) Interest on 7% NPC is not taxable under this head. However it is
also exempt u/s 10.

(4) Theft by cashier is allowed.
Illustration 7
Dr. Suresh is a medical practitioner. He is a consulting physician
of XYZ Co. Ltd. on a monthly retainer fee. The doctor maintains
a record of his receipts and payments and for the year ended 31st
March, 2021, the following information is abstracted therefrom:
Receipts Rs.
Consultation fee received 80,000
Retainer Fee received from XYZ Co. Ltd. 6,000
Interest on Bank Deposit (Nationalized 20,000

Bank)
Payments:
Rent and Electricity Charges for the Clinic 14,000
Telephone Charges 3,000
Printing and Stationery 1,500
Car Maintenance Expenses 12,000
Wages for Clinic Assistant 3,600
Life Insurance Premium 2,400
Car Insurance Premium 2,000
The written down value of the car and the furniture of the Clinic
as on 1-4-2020 were Rs. 40,000 and Rs. 3,000 respectively. 20%
of the use of the car and the telephone is attributable to personal
and private purpose. Prepare a statement showing the Gross Total

Income of Dr. Suresh for the assessment year 2021-22.
Solution
COMPUTATION OF GROSS TOTAL INCOME (for the
Assessment Year 2021-22)
1. Profits and Gains of

Profession: Rs.
Consultation Fee 80,000
Retainer Fee from XYZ Co. Ltd. 6,000
Gross Fee Received 86,000
Less: Admissible Expenses:

Rs. Rs.
Rent & Electricity 14,000
Telephone Charges 3,000
Less: Attributable to Personal Use 600 2,400

(20%)
Printing and Stationery 1,500
Car Maintenance 12,000
Less: Personal Use (20%) 2,400 9,600
Wages of Clinic Assistant 3,600
Depreciation on Car

@ 15% on Rs. 40,000 6,000
Less: 20% Attributable to 1,200 4,800

Personal Use
Car Insurance (80% of Rs. 2,000) 1,600
Depreciation on Furniture (10%) 300 37,800
Income from 48,200

Profession
2. Income from other Sources:
Interest on Bank Deposit 20,000
Gross Total Income 68,200

Module V
CAPITAL GAINS
Capital gain shall be taxable in the previous year in which the

asset is transferred. However, in some cases, capital gain is
taxable in the previous year in which consideration is received
rather than in the previous year in which transfer took place e.g.
compulsory acquisition by the Government.
CAPITAL ASSET [SEC. 2(14)]

Capital asset means –
 any kind of property held by an assessee, whether or not in

connection with his business or profession;
 any securities held by a Foreign Institutional Investor which has

invested in such securities in accordance with the regulations
made under the Securities and Exchange Board of India Act,
1992.
But does not include the following

(i) Stock in trade
Stock in trade, consumable stores or raw materials held for
business or profession. However, any securities held by a

Foreign Institutional Investor which has invested in such
securities in accordance with the regulations made under the
Securities and Exchange Board of India Act, 1992 shall not be
treated as stock-in-trade.
(ii) Personal effect

Personal effect means any movable property held for personal
use of the assessee or for any dependent member of his family
but excludes the followings:
a) jewellery
b) archaeological collections
c) drawings
d) paintings
e) sculptures; or
f) any work of art
(iii) Agricultural land in rural area
Agricultural land in India is not a capital asset except the
following –
(a) land which is situated within the jurisdiction of any
Municipality (whether known as a municipality, municipal
corporation,notified area committee, town area committee,
town committee, or by any other name) or Cantonment
Board having population of 10,000 or more; or
(b) in any area within the distance, measured aerially

(iv) Gold Bonds

Following gold bonds issued by the Central Government are
not capital asset:
 6.5% Gold Bond, 1977
 7% Gold Bonds, 1980; and
 National Defence Gold Bond, 1980

(v) Special Bearer Bond
Special Bearer Bond, 1991 issued by the Central Government
are not capital asset. Note: It is not necessary that the assessee
should be the initial subscriber.
(vi)Gold Deposit Bonds
Gold Deposit Bonds issued under the Gold Deposit Scheme,
1999 or deposit certificates issued un-der the Gold
Monetisation Scheme, 2015 notified by the Central
Government are not capital asset.
Note: Interest on aforesaid bonds or deposits are exempt [Sec.
10(15)]
TYPES OF CAPITAL ASSET
Short Term Capital Asset [Sec. 2(42A]: It means a capital held
by an assessee for not more than 36 months immediately before
the date of transfer.
Long Term Capital Asset [Sec. 2(29A]: A capital asset,
which is not a short-term capital asset, is a long-term capital
asset.

TRANSFER [SEC. 2(47)]

Transfer in relation to a capital asset includes:
(a) Sale, Exchange & Relinquishment of the asset;
(b) Extinguishment of any right in an asset;
(c) Compulsory acquisition of an asset under any law;
(d) Conversion of asset into stock-in-trade by the owner;
(e) Any transaction of immovable property u/s 53A of the
Transfer of Property Act, 1882;
(f) Any transaction which has the effect of transferring or
enabling the enjoyment of any immovable property.
(g) Maturity or redemption of a zero coupon bond
TRANSACTIONS NOT REGARDED AS

TRANSFER (SEC. 46 & 47)
By virtue of sec. 46(1) and sec. 47 the following transactions
do not constitute transfer for the purpose of capital gain –
Section Transaction
46(1) Any distribution of capital assets in the event of

liquidation by a company to its share-holders shall
not be treated as transfer in the hands of company.
47(i) Any distribution of capital assets on the total or

partial partition of an HUF.

47(iii) Any transfer of a capital asset under a gift or will or

an irrevocable trust.
Exception: Gift of shares acquired through

Employees Stock Option Plan (ESOP) shall be
treated as Transfer
47(iv) Any transfer of a capital asset by a 100% holding

company to its Indian subsidiary company.
47(v) transfer of a capital asset by a 100% subsidiary

company to its Indian holding company
Any transfer, in a scheme of amalgamation, of a

capital asset by the amalgamating company to the
47(vi) amalgamated company if the amalgamated company
is an Indian company.

capital asset being a share or shares held in an Indian
company, by the amalgamating foreign company to
the amalgamated foreign company, if –
a) At least 25% of the shareholders of the
47(via)
amalgamating foreign company continue to remain
shareholders of the amalgamated foreign company;
and
a) Such transfer does not attract tax on capital gains
in the country, in which the amalgamating company
is incorporated

Any transfer of a capital asset by a banking company

to a banking institution in a scheme of amalgamation
47(viaa) of such banking company with such banking
institution sanctioned and brought into force by the
Central Government u/s 45(7) of the Banking
Regulation Act, 1949.

capital asset, being a share of a foreign company,
(referred to in the Explanation 5 of sec.9(1)(i)), which
derives, directly or indirectly, its value substantially
from the share or shares of an Indian company, held
by the amalgamating foreign company to the
amalgamated foreign company, if:
47(viab)
a) at least 25% of the shareholders of the amalgamating
foreign company continue to remain shareholders of
the amalgamated foreign company; and
b) such transfer does not attract tax on capital gains in
the country in which the amalgamating company is
incorporated.
47(vib) Any transfer, in a scheme of demerger, of capital

asset by the demerged company to the resulting
company, if the resulting company is an Indian
company.

Any transfer, in a scheme of demerger, of a capital

asset, being a share or shares held in an Indian
company, by the demerged foreign company to the
resulting foreign company, if –
The shareholders holding not less than three-fourths
in value of the shares of the de-merged foreign
company continue to remain shareholders of the
resulting foreign company; and
47(vic)
Such transfer does not attract tax on capital gain in
the country, in which the demerged foreign
company is incorporated:
Taxpoint:
a) The transfer is in a scheme of demerger by the
demerged foreign company to the resulting foreign
company.
b) Transferred asset must be a capital asset being a

share or shares held in an Indian company.
c) Shareholders holding not less than 75% in value of
the shares of the demerged foreign company
continue to remain shareholders of the resulting
foreign company.
d) Such transfer does not attract tax on capital gains in
company is incorporated
47(vica) Any transfer in a business reorganisation, of a capital

asset by the predecessor co-operative bank to the
successor co-operative bank

Any transfer by a shareholder, in a business

reorganisation, of a capital asset being a share or
47(vicb) shares held by him in the predecessor co-operative
bank if the transfer is made in consideration of the
allotment to him of any share or shares in the
Any transfer in a demerger, of a capital asset, being

a share of a foreign company (re-ferred to in the
Explanation 5 of sec. 9(1)(i)), which derives,
directly or indirectly, its value substantially from the
share or shares of an Indian company, held by the
company, if:
a) the shareholders, holding not less than 3/4th in value
47(vicc) of the shares of the demerged foreign company,
foreign company; and
the country in which the demerged foreign company
is incorporated.
Provided that the provisions of sections 391 to 394
of the Companies Act, 1956 shall not apply in case
of demergers referred above.
Any transfer or issue of shares by the resulting

company, in a scheme of demerger to the
47(vid) shareholders of the demerged company if the
transfer or issue is made in consideration of
demerger of the undertaking.

Any transfer by a shareholder, in a scheme of

amalgamation, of share(s) held by him in the
amalgamating company, if –
47(vii)
a) The transfer is made in consideration of the
amalgamated company except where the
shareholder itself is the amalgamated company, and
b) The amalgamated company is an Indian company.
Any transfer of a capital asset by a banking company

to a banking institution in a scheme of amalgamation
47(viaa) of such banking company with such banking
institution sanctioned and brought into force by the
Central Government u/s 45(7) of the Banking
Regulation Act, 1949.

capital asset, being a share of a foreign company,
(referred to in the Explanation 5 of sec.9(1)(i)),
which derives, directly or indirectly, its value
substantially from the share or shares of an Indian
company, held by the amalgamating foreign
company to the amalgamated foreign company, if:
47(viab)
a) at least 25% of the shareholders of the amalgamating
foreign company continue to remain shareholders of
the amalgamated foreign company; and msuch
transfer does not attract tax on capital gains in the
country in which the amalgamating company is
incorporated.

47(vib) Any transfer, in a scheme of demerger, of capital

asset by the demerged company to the resulting
company, if the resulting company is an Indian
company.
Any transfer, in a scheme of demerger, of a capital

asset, being a share or shares held in an Indian
47(vic) company, by the demerged foreign company to the
resulting foreign company, if –
a) The shareholders holding not less than three-fourths
in value of the shares of the de-merged foreign
company continue to remain shareholders of the
resulting foreign company; and
b) Such transfer does not attract tax on capital gain in
company is incorporated:
Tax point:
 Such transfer is in a scheme of demerger by the

company.
 Transferred asset must be a capital asset being a

share or shares held in an Indian company.
 Shareholders holding not less than 75% in value of

the shares of the demerged foreign company
foreign company
 Such transfer does not attract tax on capital gains in


company is incorporated
47(vica) Any transfer in a business reorganisation, of a capital

asset by the predecessor co-operative bank to the
Any transfer by a shareholder, in a business

reorganisation, of a capital asset being a share or
47(vicb) shares held by him in the predecessor co-operative
bank if the transfer is made in consideration of the
Any transfer in a demerger, of a capital asset, being

a share of a foreign company (referred to in the
Explanation 5 of sec. 9(1)(i)), which derives,
directly or indirectly, its value substantially from the
share or shares of an Indian company, held by the
company, if:
a) the shareholders, holding not less than 3/4th in value
47(vicc) of the shares of the demerged foreign company,
foreign company; and
the country in which the demerged foreign company
is incorporated.
Provided that the provisions of sections 391 to 394
of the Companies Act, 1956 shall not apply in case
of demergers referred above.

47(vid) Any transfer or issue of shares by the resulting

company, in a scheme of demerger to the
shareholders of the demerged company if the
transfer or issue is made in consideration of
demerger of the undertaking.
Any transfer by a shareholder, in a scheme of

amalgamation, of share(s) held by him in the
amalgamating company, if –
a) The transfer is made in consideration of the
47(vii)
amalgamated company except where the
shareholder itself is the amalgamated company, and
b) The amalgamated company is an Indian company.
Any transfer of a capital asset, being foreign

currency convertible bonds or Global Depository
Receipts referred to in sec. 115AC(1), made outside
India by a non- resident to another non-resident.
Taxpoint:
47(viia)
a) Transferred asset must be either ‘foreign currency
convertible bonds’ or ‘Global Depository Receipts’.
b) Transfer has been made by a non-resident to another
non-resident.
c) Transfer has been made outside India

Any transfer, made outside India, of a capital asset

being rupee denominated bond of an Indian
company issued outside India, by a non-resident to
another non- resident
Taxpoint: In case of non-resident, any gains arising
47(viiaa)
on account of appreciation of rupee against a foreign
currency at the time of redemption of rupee
denominated bond of an Indian company held by
him, shall be ignored for the purposes of
computation of full value of consideration under this
section
Any transfer of a capital asset, being—

a) bond or Global Depository Receipt referred to in sec.
115AC(1); or
47(viiab)
b) rupee denominated bond of an Indian company; or
c) derivative, or
d) other notified securities.
made by a non-resident on a recognised stock
exchange located in any International financial
Services Centre provided the consideration for such
transaction is paid or payable in foreign currency
Any transfer of a capital asset, being a Government

Security carrying a periodic payment of interest,
47(viib) made outside India through an intermediary dealing
in settlement of securities, by a non-resident to
another non-resident

47(viic) Any transfer of Sovereign Gold Bond issued by the

RBI under the Sovereign Gold Bond Scheme, 2015,
by way of redemption, by an assessee being an
individual
Any transfer of a capital asset being a work of art,

archaeological, scientific or art collection, book,
manuscript, drawing, painting, photograph or print,
to the Government or a University or the National
47(ix)
Museum, National Art Gallery, National Archives or
any such other public museum or institution as may
be notified by the Central Government in the
Official Gazette to be of national importance or to be
of renown throughout any State or States.
Any transfer by way of conversion of bonds or

debentures, debenture-stock or deposit certificates in
47(x) any form of a company into shares or debentures of
that company.
47(xa) Any transfer by way of conversion of bonds referred

to in sec. 115AC(1)(a) into shares or debentures of
any company.
47(xb) Any transfer by way of conversion of preference

shares of a company into equity shares of that
company

Any transfer of a land of a sick industrial company,

made under a scheme prepared and sanctioned u/s 18
of the Sick Industrial Companies (Special
Provisions) Act, 1985 where such sick industrial
company is being managed by its workers' co-
47(xii) operative. Such transfer must have been made
during the period commencing from the previous
year in which the said company has become a sick
industrial company and ending with the previous
year during which the entire net worth of such
company becomes equal to or exceeds the
accumulated losses.
Any transfer of a capital asset by a firm to a company

as a result of succession of the firm by a company in
the business carried on by the firm subject to
following conditions:
(a) All assets and liabilities of the firm relating to the
business immediately before the succession become
the assets and liabilities of the company.
(b) All the partners of the firm immediately before the
47(xiii)
succession become the share-holders of the
company in the same proportion in which their
capital accounts stood in the books of the firm on the
date of succession.
(c) The partners of the firm do not receive any
consideration or benefit, directly or indirectly, in any
form or manner, other than by way of allotment of
shares in the company; and
(d) The aggregate of the shareholding in the company of
the partners of the firm is not less than 50% of the
total voting power in the company and their

shareholding continues to be as such for a period of
5 years from the date of succession.
Any transfer of a membership right of a recognized

stock exchange in India for acquisition of shares and
47(xiiia) trading or clearing rights in that recognized stock
exchange in accordance with a scheme for
demutualization or corporatization which is
approved by SEBI
Any transfer of –
(a) a capital asset or intangible asset by a private
company or unlisted public company (hereafter
referred to as the company) to a limited liability
partnership (LLP); or
(b) a share(s) held in the company by a shareholder as a
result of conversion of the company into a limited
liability partnership (LLP) shall not regarded as a
transfer, if following conditions are satisfied:
i) All the assets and liabilities of the company
immediately before the conversion be-come the
assets and liabilities of the LLP;
ii) All the shareholders of the company immediately
before the conversion become the partners of the
LLP and their capital contribution and profit sharing
ratio in the LLP are in the same proportion as their
shareholding in the company on the date of
conversion;
47(xiiib)
iii) The shareholders of the company do not receive any

consideration or benefit other than by way of share

in profit and capital contribution in the LLP;
iv) The aggregate of the profit sharing ratio of the
shareholders of the company in the LLP shall not be
less than 50% at any time during the period of 5
years from the date of conversion;
v) The total sales, turnover or gross receipts in business
of the company in any of the 3 previous years
preceding the previous year in which the conversion
takes place does not exceed Rs. 60 lakh;
vi) The total value of the assets as appearing in the
books of account of the company in any of the 3
previous years preceding the previous year in which
the conversion takes place does not exceed Rs. 5
crore; and
vii)No amount is paid (directly or indirectly) to any
partner out of balance of accumulated profit standing
in the accounts of the company on the date of
conversion for a period of 3 years from the date of
conversion.

Where a sole proprietary concern is succeeded by a

company in the business carried on by it as a result
of which the sole proprietary concern sells or
otherwise transfers any capital asset to the company,
subject to following conditions –
(a) All assets and liabilities of the sole proprietary
concern relating to the business immediately before
the succession become the assets and liabilities of
47(xiv) the company;
(b) Proprietor holds not less than 50% of the total voting
power in the company and his shareholding
continues to remain as such for a period of 5 years
from the date of succession; and
(c) The sole proprietor does not receive any
consideration or benefit, directly or indirectly, in any
form or manner, other than by way of allotment of
shares in the company.
Any transfer in a scheme for lending of any

securities under an agreement or arrangement, which
47(xv) the assessee has entered into with the borrower of
such securities and which is subject to the guidelines
issued by the SEBI or the RBI.
47(xvi) Any transfer of a capital asset in a transaction of

reverse mortgage under a scheme made and notified
by the Central Government
Any transfer of a capital asset, being share of a

special purpose vehicle (referred to in sec.
47(xvii) 10(23FC)) to a business trust in exchange of units

allotted by that trust to the transferor.
Any transfer by a unit holder of a capital asset, being

a unit or units, held by him in the consolidating
scheme of a mutual fund, made in consideration of
the allotment to him of a capital asset, being a unit
or units, in the consolidated scheme of the mutual
fund.
The exemption is available only the consolidation of
two or more schemes of equity oriented fund or of
two or more schemes of a fund other than equity
oriented fund.
 “Consolidated scheme” means the scheme with

which the consolidating scheme merges or which is
47(xviii) formed as a result of such merger.
 “Consolidating scheme” means the scheme of a
mutual fund which merges under the process of
consolidation of the schemes of mutual fund in
accordance with the Securities and Exchange Board
of India (Mutual Funds) Regulations, 1996 made
under the Securities and Exchange Board of India
Act, 1992.
 In the case of a capital asset, being a unit or units,

which becomes the property of the assessee in
consideration of a transfer referred to in this clause,
period of holding shall includes the period for which
the unit or units in the consolidating scheme of the
mutual fund were held by the assessee.

Any transfer by a unit holder of a capital asset, being

a unit or units, held by him in the consolidating plan
47(xix) of a mutual fund scheme, made in consideration of
the allotment to him of a capital asset, being a unit
or units, in the consolidated plan of that scheme of
the mutual fund.
COMPUTATION OF CAPITAL GAINS [SEC. 48]

Short-term Capital Gain means the gain arising on transfer of
short-term capital asset [Sec. 2(42B)].
Long-term Capital Gain means the gain arising on transfer of
long-term capital asset [Sec. 2(29B)].
Computation of Short Term Capital Gain (STCG)

At a glance, computation of capital gain of for the Assessment
Year ……..

Sale consideration (Full value of *****
consideration)
Less: Expenses on transfer *****
Net sale consideration *****
Less: i) Cost of acquisition ******
ii) Cost of improvement **** ****

Short Term Capital Gain

Less: Exemption u/s 54B, 54D, 54G, etc. *********
Taxable Short Term Capital Gain *****
Computation of Long Term Capital Gain

Long term capital gain is computed as below:
Full value of consideration – (indexed cost of acquisition +
indexed cost of improvement + cost of transfer).
Where,
Indexed cost of acquisition = Cost x CII of year of transfer
CII year of acquisition.
CII = cost of inflation index.
The ‘cost of acquisition of capital asset’ is to be increased by
cost inflation index.
COST OF INFLATION INDEX

Cost inflation index, in relation to a previous year, means such
Index as the Central Government may, having regard to 75%
of average rise in the Consumer Price Index (urban) for the
immediately preceding previous year to such previous year, by
notification in the Official Gazette, specify, in this behalf. Cost
Inflation Index for different financial years is as follows:

Financial Index Financial Index

Year Year
2001-02 100 2011-12 184
2002-03 105 2012-13 200
2003-04 109 2013-14 220
2004-05 113 2014-15 240
2005-06 117 2015-16 254
2006-07 122 2016-17 264
2007-08 129 2017-18 272
2008-09 137 2018-19 280
2009-10 148 2019-20 289
2010-11 167 2020-21 301
Note: Indexed cost of acquisition has to be ascertained with

reference to the date of acquisition and not with reference to
the date when such asset became a capital asset.
COST OF ACQUISITION
Cost of Acquisition (COA) means any capital expense at the
time of acquiring capital asset under transfer, i.e., to include
the purchase price, expenses incurred up to acquiring date in
the form of registration, storage etc. expenses incurred on
completing transfer.

Cost of acquisition is special cases

1. Where the capital asset became the property of the
assessee:
a) on any distribution of assets on the total or partial partition
of a Hindu undivided family;
b) under a gift or will;
c) by succession, inheritance or devolution;
d) on any distribution of assets on the dissolution of a firm,
body of individuals, or other association of persons, where
such dissolution had taken place at any time before
1.04.1987;
e) on any distribution of assets on the liquidation of a
company; under a transfer to a revocable or an irrevocable
trust;
f) by transfer from its holding company or subsidiary
company;
g) by transfer in a scheme of amalgamation;
h) by an individual member of a Hindu Undivided Family
giving his separate property to the assessee HUF anytime
after 31.12.1 969,
In all above cases, the cost of acquisition of the asset shall be
the cost for which the previous owner of the property acquired
it, as increased by the cost of any improvement of the asset
incurred or borne by the previous owner or the assessee, as the
case may be, till the date of acquisition of the asset by the
assessee.
1) If the previous owner had also acquired the capital asset by

any of the modes above, then the cost to that previous
owner, who had acquired it by mode of acquisition other
than the above, should be taken as cost of acquisition.
2) Where shares in an amalgamated Indian company became
the property of the assessee in a scheme of amalgamation
the cost of acquisition of the shares of the amalgamated
company shall be the cost of acquisition of the shares in the
amalgamating company.
3) Where a share or debenture in a company, became the
property of the assessee on conversion of bonds or
debentures the cost of acquisition of the asset shall be the
part of the cost of debenture, debenture stock or deposit
certificates in relation to which such asset is acquired by the
assessee.
4) Where shares, debentures or warrants are acquired by the
assessee under Employee Stock Option Plan or Scheme
and they are taken as perquisites u/s 1 7(2) the Cost of
Acquisition would be the valuation done u/s1 7(2).
5) Cost of Acquisition of shares in the Resulting Company, in
a demerger. The cost of acquisition of the original shares
held by the share holder in the demerged company will be
reduced by the above amount.
6) Where Capital Gains is not levied on a transfer of capital
asset between a Subsidiary Company and a Holding
Company or vice-versa but the conditions laid down are
violated subsequently and Capital Gains is to be levied, the
cost of acquisition to the transferee company would be the
cost for which such asset was acquired by it.

7) Where the capital asset is goodwill of a business or a Trade

Mark or Brand Name associated with a business, right to
manufacture, produce or process any article or thing, right
to carry on any business, tenancy rights, stage carriage
permits or loom hours, the cost of acquisition is the
purchase price paid by the assessee and in case no such
purchase price is paid it is nil.
8) Where the cost for which the previous owner acquired the
property cannot be ascertained, the cost of acquisition to the
previous owner means the Fair Market Value on the date
on which the capital asset became the property of the
previous owner.
9) Where the capital asset became the property of the assessee
on the distribution of the capital assets of a company on its
liquidation cost of acquisition of such asset is the Fair
Market Value of the asset on the date of distribution.
10)Where share or a stock of a company became the property
of the assessee on:
a) the consolidation and division of all or any of the share
capital of the company into shares of larger amount than its
existing shares;
b) the conversion of any shares of the company into stock;
c) the re-conversion of any stock of the company into shares;
d) the sub-division of any of the shares of the company into
shares of smaller amount; or
e) the conversion of one kind of shares of the company into
another kind. Cost of acquisition of the share or stock is as

calculated from the cost of acquisition of the shares or

stock from which it is derived.
The cost of acquisition of rights shares is the amount which is
paid by the subscriber to get them. In case a subscriber
purchases the right shares on renunciation by an existing
share holder, the cost of acquisition would include the
amount paid by him to the person who has renounced the
rights in his favour and also the amount which he pays to the
company for subscribing to the shares. The person who has
renounced the rights is liable for capital gains on the rights
renounced by him and the cost of acquisition of such rights
renounced is nil.
11)The cost of acquisition of bonus shares is nil.
12)Where equity share(s) are allotted to a share holder of a
recognised stock exchange in India under a scheme of
demutualisation or corporatisation approved by SEBI, the
cost of acquisition of the original membership of the
exchange is the cost of acquisition of the equity share(s).
The cost of acquisition of trading or clearing rights
acquired under such scheme of demutualisation or
corporatisation is nil.
13)Where any other capital asset has become the property of
the assessee before 1st day of April, 1981, the cost of
acquisition of the asset to the assessee or the previous
owner (depending upon the mode of acquisition) or the fair
market value of the asset on 1.4.1981, at the option of the
assessee would be its cost of acquisition.
14)Where the capital gain arises from the transfer of specified
security or sweat equity shares, the cost of acquisition of
such security or shares shall be the fair market value which
has been taken into account while computing the value of

the respective fringe benefit.
15)Where the capital asset, being a share or debenture of a
company, became the property of the assessee in
consideration of transfer of bonds or debentures or Global
Depository Receipts purchased in foreign currency, the
cost of acquisition shall be deemed to be that part of the
cost of debentures or bond or deposit certificate in relation
to which such asset is acquired by the assessee.
Cost of Improvement [Sec.55]

1) Goodwill of a business, etc.: In relation to a capital asset being
goodwill of a business or a right to manufacture, produce or
process any article or thing, or right to carry on any business
or profession, the cost of improvement shall be taken to be
Nil.
2) Any other capital asset:
i) Where the capital asset became the property of the previous
owner or the assessee before 1-4-2001, cost of improvement
means all expenditure of a capital nature incurred in making
any addition or alteration to the capital asset on or after the
said date by the previous owner or the assessee.
ii) In any other case, cost of improvement means all expenditure
of a capital nature incurred in making any additions or
alterations to the capital assets by the assessee after it became
his property. However, there are cases where the capital asset
might become the property of the assessee by any of the
modes specified in section 49(1). In that case, cost of
improvement means capital expenditure in making any
addition or alterations to the capital assets incurred by the
previous owner.
However, cost of improvement does not include any expenditure

which is deductible in computing the income chargeable under
the head “Income from house property”, “Profits and gains of
business or profession” or “Income from other sources”.
EXEMPTED LONG TERM CAPITAL GAIN

1. Transfer of a Residential House and Investment in One
Residential House [Sec.54]
When an individual sells a residential property and buys
another residential property, he will be eligible for exemption
under Section 54. Conditions to avail the benefit of exemption
under Section 54 includes:
 The taxpayer (ie. seller) needs to be an individual or HUF.

Thus, firms, LLP’s and companies cannot utilize the
benefits of this section.
 Asset needs to be classified as a long-term capital asset.
 The asset sold is a Residential House. Income from such a

house should be chargeable as Income from House
Property.
 The seller should purchase a residential house either 1 year

before the date of sale/transfer or 2 years after the date of
sale/transfer. In case the seller is constructing a house, the
seller has an extended time, ie. the seller will have to
construct the residential house within 3 years from the date
of sale/transfer. In case of compulsory acquisition, the
period of acquisition or construction will be determined
from the date of receipt of compensation (whether original
or additional compensation).

 The new residential house should be in India. The seller

cannot buy or purchase a residential house abroad and
claim the exemption.
2. Transfer of agricultural lands (Section 54B)
A farmer wants to shift his agricultural land for certain reason
and hence he sold his old agricultural land and from the sale
proceeds he purchased another agricultural land. In this case
the objective of the seller was not to earn income by sale of old
land but was to shift to another land. If in this case, the seller
was liable to pay income-tax on capital gains arising on sale of
old land, then it would be a hardship on him.
Section 54B gives relief from such a hardship. Section 54B
gives relief to a taxpayer who sells his agricultural land and
from the sale proceeds he acquires another agricultural land.
The detailed provisions in this regard are discussed in this part.
Basic conditions
Following conditions should be satisfied to claim the benefit
of section 54B.
 The benefit of section 54B is available only to an individual

or a HUF
 The asset transferred should be agricultural land. The land

may be a long-term capital asset or short-term capital asset.
 The agricultural land should be used by the individual or his

parents for agricultural purpose at least for a period of two
years immediately preceding the date of transfer. In case of
HUF the land should be used by any member of HUF.

 Within a period of two years from the date of transfer of old

land the taxpayer should acquire another agricultural land. In
case of compulsory acquisition the period of acquisition of
new agricultural land will be determined from the date of
receipt of compensation. However, as per section 10(37), no
capital gain would be chargeable to tax in case of an
individual or HUF if agricultural land is compulsorily
acquired under any law and the consideration of which is
approved by the Central Government or RBI and received on
or after 01-04-2004.
3. Compulsory acquisition of land and building of industrial
undertakings (54D)
To get exemption the following conditions are to be
satisfied:
a) There must be compulsory acquisition.

b) The property compulsorily acquired should be land and
building forming part of an industrial undertaking.
c) The asset must have been used in the 2years immediately
preceding the date of transfer of the assessee for the
purpose of the business of the undertaking.
d) Within a period of 3 years after the date of compulsory
acquisition any other land or building should be purchased
or constructed for the use of existing or newly set up
industrial undertaking.
4. Investment in financial asset (Section 54 EC)
This exemption is available to all categories of taxpayers. To
get exemption the following condition are to be satisfied.

a) The asset transferred should be a long- term capital asset

b) Within a period of 6 months after the date of transfer, the
capital gain must he invested in the specified assets i.e.
bonds redeemable after 3 years issued by NHAl or RECL.
5. Capital gains invested in units of notified land for
financing start up (Section 54EE)
(1) Where the capital gain arises from the transfer of a long-
term capital asset (herein in this section referred to as the
original asset) and the assessee has, at any time within a
period of six months after the date of such transfer, invested
the whole or any part of capital gains in the long-term
specified asset, the capital gain shall be dealt with in
accordance with the following provisions of this section,
namely:—
(a) if the cost of the long-term specified asset is not less than the
capital gain arising from the transfer of the original asset,
the whole of such capital gain shall not be charged under
section 45;
(b) if the cost of the long-term specified asset is less than the
capital gain arising from the transfer of the original asset,
so much of the capital gain as bears to the whole of the
capital gain the same proportion as the cost of acquisition
of the long-term specified asset bears to the whole of the
capital gain, shall not be charged under section 45:
6. Investment into one residential house (Section 54F)
As per provisions of section 54F of the Income Tax Act, 1961,
exemption of capital gain is available in case of transfer of
long term capital assets against investment in residential

house. The salient features for availing exemption under

section 54F are detailed hereunder –
a) The exemption under section 54F is available only to
individual and HUF;
b) Capital gain has arisen on account of transfer of any long
term capital assets other than residential house;
c) Net consideration arisen on account of transfer of long term
capital assets has been invested as follows –
d) Net consideration has been re-invested in purchase of one
residential house within a period of 1 year before the date
of transfer or within a period of 2 years after the date of
transfer; or
e) Net consideration has been re-invested in construction of
one residential house in India within a period of 3 years
from the date of transfer.
7. Transfer of fixed asset of industrial undertaking
effected to shift it from urban area – 54G
Exemption is allowed provided the Assessee has Capital
Gains in connection with shifting of Industrial Undertaking
from Urban area to any other area.
The conditions for claiming exemptions are as under:
a) the transfer is effected in the course of or in consequence of
shifting the undertaking from an urban area to any other
area. Any other area means an area not declared as an urban
area.

'Urban area' means any such area within the limits of a municipal
corporation or municipality, as the Central Government may,
having regard to the population, concent ration of industries,
need for proper planning of the area and other relevant factors,
by general or special order, declare to be an urban area for the
purposes of this sub-section;
b) asset transferred is machinery, plant, building, land or any
right in building or land used for the business of industrial
undertaking in an urban area;
c) the capital gain arising on the asset transferred may be
short-term or long-term capital gain. Normally, it will be
short-term capital gain because most of the assets of the
industrial undertaking will be depreciable assets;
d) the capital gain is utilised within one year before or 3 years
after the date of transfer for the specified purpose.
8. Shifting of an industrial undertaking from urban area
to any special economic zone (section 54GA)
Section 54GA. (1) Notwithstanding anything contained in
section 54G, where the capital gain arises from the transfer of
a capital asset, being machinery or plant or building or land or
any rights in building or land used for the purposes of the
business of an industrial undertaking situate in an urban area,
effected in the course of, or in consequence of the shifting of
such industrial undertaking to any Special Economic Zone,
whether developed in any urban area or any other area and the
assessee has within a period of one year before or three years
after the date on which the transfer took place,-
a) purchased machinery or plant for the purposes of
business of the industrial undertaking in the Special Economic
Zone to which the said undertaking is shifted;

b) acquired building or land or constructed building for
the purposes of his business in the Special Economic Zone;
c) shifted the original asset and transferred the
establishment of such undertaking to the Special Economic
Zone; and
d) incurred expenses on such other purposes as may be
specified in a scheme framed by the Central Government for
the purposes of this section, then, instead of the capital gain
being charged to income- tax as income of the previous year in
which the transfer took place, it shall, subject to the provisions
of sub-section (2), be dealt with in accordance with the
following provisions of this section, that is to say,-
i) if the amount of the capital gain is greater than the cost
and expenses incurred in relation to all or any of the purposes
mentioned in clauses (a) to (d) (such cost and expenses being
hereafter in this section referred to as the new asset), the
difference between the amount of the capital gain and the cost
of the new asset shall be charged under section 45 as the
income of the previous year; and for the purpose of computing
in respect of the new asset any capital gain arising from its
transfer within a period of three years of its being purchased,
acquired, constructed or transferred, as the case may be, the
cost shall be Nil; or
ii) if the amount of the capital gain is equal to, or less than,
the cost of the new asset, the capital gain shall not be charged
under section 45, and for the purpose of computing in respect
of the new asset any capital gain arising from its transfer within
a period of three years of its being purchased, acquired,
constructed or transferred, as the case may be, the cost shall be
reduced by the amount of the capital gain.
Explanation.-In this sub-section,-

a) "Special Economic Zone" shall have the meaning
assigned to it in clause (za) of [section 2 of] the Special
Economic Zones Act, 2005;
b) "urban area" means any such area within the limits of a
municipal corporation or municipality as the Central
Government may, having regard to the population,
concentration of industries, need for proper planning of the area
and other relevant factors, by general or special order, declare
to be an urban area for the purposes of this sub-section.
c) The amount of capital gain which is not appropriated
by the assessee towards the cost and expenses incurred in
relation to all or any of the purposes mentioned in clauses (a)
to (d) of sub- section (1) within one year before the date on
which the transfer of the original asset took place, or which is
not utilised by him for all or any of the purposes aforesaid
before the date of furnishing the return of income under section
139, shall be deposited by him before furnishing such return
[such deposit being made in any case not later than the due
date applicable in the case of the assessee for furnishing the
return of income under sub-section (1) of section 139] in an
account in any such bank or institution as may be specified in,
and utilised in accordance with, any scheme which the Central
Government may, by notification, frame in this behalf and such
return shall be accompanied by proof of such deposit; and, for
the purposes of sub-section (1), the amount, if any, already
utilised by the assessee for all or any of the aforesaid purposes
together with the amount so deposited shall be deemed to be
the cost of the new asset :
d) Provided that if the amount deposited under this sub-

section is not utilised wholly or partly for all or any of the

purposes mentioned in clauses (a) to (d) of sub-section (1)
within the period specified in that sub-section, then,-
e) the amount not so utilised shall be charged under
section 45 as the income of the previous year in which the
period of three years from the date of the transfer of the original
asset expires; and
f) the assessee shall be entitled to withdraw such amount
in accordance with the scheme aforesaid.
9. Exemption of long term capital gains tax on transfer of
residential property (Sec. 54GB)
Eligible Assessee – Individual and HUF
Eligible Capital Gain – Capital gain arising from transfer of
long term capital asset being a residential house or a plot of
land. Transfer of such capital asset should take place between
1st April, 2012 and 31st March,2017.
Condition for exemption – The assessee has before the due
date of furnishing return of income utilizes the net
consideration for subscription in equity shares in an eligible
company. The eligible company should utilize this amount for
purchase of an eligible asset within one year from the date of
such subscription. If such company not fully or partially
utilizes this amount within one year then such unutilized
amount is taxable as capital gain in the year in which such limit
of one year expires.
10. Section 54H of Income Tax Act "Extension of time for
acquiring new asset or depositing or investing amount of
capital gain"

Section 54H. Notwithstanding anything contained in sections

54, 54B, 54D, 54EC and 54F, where the transfer of the original
asset is by way of compulsory acquisition under any law and
the amount of compensation awarded for such acquisition is
not received by the assessee on the date of such transfer, the
period for acquiring the new asset by the assessee referred to
in those sections or, as the case may be, the period available to
the assessee under those sections for depositing or investing the
amount of capital gain in relation to such compensation as is
not received on the date of the transfer, shall be reckoned from
the date of receipt of such compensation:
Provided that where the compensation in respect of transfer of
the original asset by way of compulsory acquisition under any
law is received before the 1st day of April, 1991, the aforesaid
period or periods, if expired, shall extend up to the 31st day of
December, 1991.
Capital gain in exceptional cases

We have already discussed the general rules of computing
taxable capital gains in the preceding paragraphs. There are,
however, certain situations requiring special treatment. Law
dealing with such situations is given below.
a) Transfer of shares or debentures of an Indian company by
non residents.
b) Transfer of capital assets by a partner to a firm or by a
member to association of persons.
c) Compulsory acquisition of assets under any law.
d) Transfer of depreciable assets.
e) Slump date.

Losses under the head capital gain

Where the assessee has suffered loss on transfer of certain
capital asset and earned profit on transfer of other assets, he is
entitled to set off such losses against such gains. Any loss
remaining unadjusted under the head capital gain however,
cannot be set off against income under the other heads, eg,
salaries, house property, business or profession and other
sources. But it shall be carried forward for set off against
capital gains in the subsequent assessment years. However, no
loss shall be carried forward for more than eight assessment
years from the year for which the loss was computed.
ILLUSTRATION 1
Mr. Divesh had purchased a golden ring as on 17/8/2019 for
Rs. 20,000. On 1/05/2020, he has sewn a diamond on it costing
Rs. 25,000. On 1/08/2020, he sold such ring for Rs. 80,000 and
incurred brokerage for arranging customer Rs. 5,000.
Compute capital gain.
Solution
Computation of capital gain of Mr. Divesh for the
A.Y.2021-22

(Rs.) (Rs.)
Sale consideration 80,000
Less: Expenses on transfer 5,000
Net sale consideration 75,000

Less: i) Cost of acquisition 20,000
ii) Cost of improvement 25,000 45,000
Short Term Capital Gain 30,000
ILLUSTRATION 2
On 23rd December, 2020, Rajat sold 500 grams of gold, the
sale consideration of which was Rs. 13,50,000. He had
acquired this gold on 20th August, 2000 for Rs. 4,00,000. Fair
market value of 500 grams of gold on 1st April, 2001 was Rs.
3,60,000. Find out the amount of capital gain chargeable to tax
for the assessment year 2021-22.
Solution
Computation of capital gains of Rajat for the A.Y. 2021-22
Particulars Working Amount

Sale consideration 13,50,000
Less: Expenses on transfer Nil
Net Sale consideration 13,50,000
Less: Indexed cost of acquisition Rs. 4,00,000

× 301/100 12,04,000
Long term capital gain 1,46,000

If an asset is acquired before 1/4/2001 then its cost of
acquisition will be higher of the following:
a) Actual cost of acquisition; or b) Fair market value of the
asset as on 1/4/2001
Illustration 3
Mr. Kiran provides you the following information relating to
the sale of his only residential house. Calculate his capital gain
for the assessment year 2021-22.
Sold the house in Sept 2020 5000000
Expenditure incurred in connection with 25000

transfer
House purchased in January 1987 240000
Fair market value on Ist may 2001 420000
Purchased another residential house in 1050000

January 2021
Invested in bond issued by NHA u/s 54EC in 850000

jan 2021
The cost of inflation index in 2001-02 was 100 and for 2020-21
– 301
Solution
Calculation of capital gains for the assessment year 2021-
22
Particulars Rs.
Sale of house in September 2020 5000000

Less: expenses of sale 25000
Net sales consideration 4975000

Less: Indexed cost of acquisition

1264200
420000/100*301
Capital gain 3710800

Less: exemption u/s 54 being the cost
of house
Purchased within one year 1050000
2660800
Less: exemption u/s 54EC 850000
Long Term Capital Gain 1810800
Illustration 4
Mr. A sold his property for Rs. 376000 in December 2020
incurring an expense of Rs. 6000 which was purchased in
January 2019 for Rs. 240000. Find out taxable capital gain?
Solution
Here the capital gain is short term Sale of property.
Sale Consideration 376000

Less: expenses 6000
370000
Less: cost of acquisition 240000
Taxable capital gain 130000

Illustration 5
Calculate capital gain from the following data. Sold self
generated goodwill for a business Rs. 700000 bonus shares in
Kairali Ltd (not listed) and (being short term capital assets) sold
for Rs. 400000. Business income Rs. 30000. Long term capital
loss in the transfer of a building Rs. 20000. Face value of bonus
shares sold RS. 300000.
Solution
Computation of capital gain
Calculation of long term capital gain

Selling price of self generated goodwill 700000
Less: cost Nil
Long term capital gain 700000
Less: long term capital loss on building 20000
Long term capital gain 680000
Calculation of short term capital gain

Selling price of bonus shares 400000
Less: cost Nil
Short term capital gain 400000
Taxable capital gain680000+400000=1080000

Illustration 6
Mr. Arun converts his capital asset acquired for an amount of Rs.
50,000 in June, 2003 into stock-in-trade in the month of
November, 2016. The fair market value of the asset on the date of
conversion is Rs. 4,50,000. The stock-in-trade was sold for an
amount of Rs. 6,50,000 in the month of September, 2020. What
will be the tax treatment?
Financial year Cost Inflation Index
2003-04 109
2016-17 264
Solution
The capital gains on the sale of the capital asset converted to
stock-in-trade is taxable in the given case. It arises in the year of
conversion (i.e. P.Y. 2016-17) but will be taxable only in the year
in which the stock-in-trade is sold (i.e. P.Y. 2020-21). Profits
from business will also be taxable in the year of sale of the stock-
in-trade (P.Y. 2020-21).
The long-term capital gains and business income for the
A.Y.2021-22 are calculated as under:
Particulars Rs. Rs.
Profits and Gains from Business or Profession

Sale proceeds of the stock-in-trade 6,50,000
Less: Cost of the stock-in-trade (FMV on the 4,50,0002,00,000
date of conversion)

Long Term Capital Gains

Full value of the consideration (FMV on the 4,50,000
date of the conversion)
Less: Indexed cost of acquisition (Rs. 50,000 x 1,21,1013,28,899
264/109)
Note: For the purpose of indexation, the cost inflation index of

the year in which the asset is converted into stock-in-trade should
be considered.
Illustration 7
Mr. Sumesh purchased 100 equity shares of M/s ABC Co. Ltd.
on 01-04-2005 at rate of Rs. 1,000 per share in public issue of the
company by paying securities transaction tax.
Company allotted bonus shares in the ratio of 1:1 on 01.12.2019.
He has also received dividend of Rs. 10 per share on 01.05.2020.
He has sold all the shares on 01.10.2020 at the rate of Rs. 4,000
per share through a recognized stock exchange and paid
brokerage of 1% and securities transaction tax of 0.02% to
celebrate his 75th birthday.
Compute his total income and tax liability for Assessment Year
2021-22, assuming that he is having no income other than given
above. Fair market value of shares of M/s ABC Co. Ltd. on
31.1.2018 is Rs. 2,000.
Answer
Computation of total income and tax liability of Mr. Sumesh for
A.Y. 2021-22

Particulars Rs.
Long term capital gains on sale of original shares

Gross sale consideration (100 x Rs. 4,000) 4,00,000
Less: Brokerage@1% 4,000
Net sale consideration 3,96,000

Less: Cost of acquisition (100 x Rs. 2,000) (Refer Note 2,00,000
2)
Long term capital gains 1,96,000
Short term capital gains on sale of bonus shares

Gross sale consideration (100 x Rs. 4,000) 4,00,000
Less: Brokerage@1% 4,000
Net sale consideration 3,96,000

Less: Cost of acquisition of bonus shares NIL
Short term capital gains 3,96,000

Income from other sources
Dividend received from M/s ABC Co. Ltd. is taxable in the 2,000
hands of shareholders [200 shares x 10 per share]
Total Income 5,94,000

Tax Liability
Tax on dividend Nil

15% of (Rs. 3,96,000- Rs. 2,98,000, being unexhausted basic 14,700

exemption limit)
10% of (Rs. 1,96,000- Rs. 1,00,000) 9,600
24,300
Add: Health and education cess @4% 972
Tax payable 25,272
Tax payable (rounded off) 25,270

Notes:
(1) Long-term capital gains exceeding Rs. 1 lakh on sale of
original shares through a recognized stock exchange (STT paid
at the time of acquisition and sale) is taxable under section
112A at a concessional rate of 10%, without indexation
benefit.
(2) Cost of acquisition of such equity shares acquired before
1.2.2018 is higher of
 Cost of acquisition i.e., Rs. 1,000 per share and
 lower of Fair market value of such asset i.e., Rs. 2,000 per
share and Full value of consideration i.e., Rs. 4,000 per share.
So, the cost of acquisition of original share is Rs. 2,000 per
share.
(3) Since bonus shares are held for less than 12 months before sale,
the gain arising there from is a short-term capital gain
chargeable to tax@15% as per section 111A after adjusting the
unexhausted basic exemption limit (Rs. 3,00,000 less Rs.
2,000, being the amount of dividend). Since Mr. Sumesh is
over 60 years of age, he is entitled for a higher basic exemption

limit of Rs. 3,00,000 for A.Y. 2021-22.
(4) Brokerage paid is allowable since it is an expenditure incurred
wholly and exclusively in connection with the transfer. Hence,
it qualifies for deduction under section 48(i).
(5) Cost of bonus shares will be Nil as such shares are allotted after
1.04.2001.
(6) Securities transaction tax is not allowable as deduction.
INCOME FROM OTHER SOURCES

As per sec. 56(1), any income, which is not specifically
exempted and not chargeable under any other heads of income,
shall be chargeable under the head “Income from other
sources”. This is the last and residuary head of income.
Sec. 56(2) lays down the list of incomes, which are specifically
taxable under this head:
Income absolutely chargeable under this head
1) Dividends [Sec. 56(2)(i)]
2) Casual income e.g. Winning from lotteries, etc. [Sec.
56(2)(ib)
3) Gift [Sec. 56(2)(x)
4) Share premium in excess of fair market value of shares
[Sec. 56(2)(viib)
5) Income by way of interest received on compensation or on
enhanced compensation [Sec.56(2)(viii)]

6) Sum of money received as an advance or otherwise in the

course of negotiations for transfer of a capital asset, if:
a) such sum is forfeited; and
b) the negotiations do not result in transfer of such capital
asset [Sec. 56(2)(ix)] [Discussed in Capital Gain]
Income chargeable under this head if not charged under
the head ‘Profits and gains of business or profession’
7) Any sum received by the assessee from his employees as
contribution to provident fund, etc. [Sec. 56(2)(ic)]
8) Interest on securities [Sec. 56(2)(id)]
9) Income from letting of machinery, plant or furniture [Sec.
56(2)(ii)]
10)Composite Rent [Sec. 56(2)(iii)]
Income chargeable under this head if not charged under
the head ‘Profits and gains of business or profession’ or
under the head ‘Salaries’-
11) Any sum (including bonus) received under a Keyman
Insurance Policy [Sec. 56(2)(iv)] Keyman Insurance Policy
means a life insurance policy taken by a person on the life of
another person, who is either the employee or is connected in
any manner with the business of the former person
[Explanation to Sec. 10(10D)]
12) Any compensation or other payment, due to or received
by any person, in connection with the termination of his
employment or the modification of the terms and conditions
relating thereto. [Sec. 56(2)(xi)]
Apart from above, the following incomes are also

chargeable under this head by virtue of sec. 56(1). In this
regard it is to be noted that the following list is merely
indicative and not exhaustive.
1.Income from sub-letting of a house property.
2.Interest on bank deposits.
3.Interest on company deposits, interest on loans, etc.
4. Remuneration received from a person other than his
employer for evaluation of answer scripts. However, if such
remuneration is received from employer, then the same will
be taxable under the head “Salaries”.
5.Rent from a vacant land.
6.Insurance commission.
7.Income from undisclosed sources
8.Income from private tuition.
9.Interest on income tax refund.
10.Family pension received by the family members of a
deceased employee [discussed later]
11.Dividend received from a co-operative society.
12.Directors’ sitting fee for attending Board Meetings.
13.Income from activity of owning and maintaining race-
horses.
14.Stipend to trainee.
15.Interest on employee’s contribution towards unrecognized
provident funds at the time of payment of lump sum amount

DIVIDEND [SEC. 2(22)]

Dividend, in general, means the amount received by a
shareholder (whether in cash or in kind) in proportion to his
shareholding in a company whether out of past or present
income; or taxable or exempted income; or revenue or capital
income. However, the Income-tax Act gives an inclusive
definition of dividend.
As per sec. 2(22), the following payments or distributions by
a company to its shareholders are deemed as dividends to the
extent of accumulated profits of the company:
a) Any distribution of accumulated profits (whether capitalized
or not), which results in the release of assets of the company
[Sec. 2(22)(a)]
Notes
1. Treatment of bonus share: Bonus share declared by the
company to its equity share-holders shall not be treated as
dividend as there is no release of asset.
2. Valuation: In case of release of asset other than cash, the
market value of the asset and not the book value shall be
considered as deemed dividend in the hands of shareholder.
3. Exception: Above provision is not applicable in case of
amalgamation
b) Any distribution of
 Debenture, debenture-stock, deposit certificates in any form

whether with or without interest to its shareholders (equity as
well as preference); and

 Shares to preference shareholders by way of bonus, - to the

extent to which company possess accumulated profit (whether
capitalized or not) [Sec. 2(22)(b)]
c) Distribution made on liquidation to the extent to which
company possess accumulated profit immediately before
liquidation (whether capitalized or not) [Sec. 2(22)(c)]
d) Distribution made on reduction of capital of the company to
the extent it possesses accumulated profit (whether capitalized
or not) [Sec. 2(22)(d)]
e) Any payment (whether in cash or in kind) by a company in
which public are not substantially interested to the extent of
accumulated profit (excluding capitalized profit)
i) by way of loan or advance to its equity shareholder, who is
registered as well as beneficial owner of the shares, holding
not less than 10% of voting power in the company (hereinafter
referred as specified shareholder);
ii) by way of loan or advance to a concern (whether HUF, Firm,
AOP, BOI or a Company) of which such specified shareholder
is a member or partner at the time of such payment and has
substantial interest in such concern; or
Substantial interest: A person shall be deemed to have
substantial interest in a concern, if he is beneficially entitled to
not less than 20% of income of such concern (20% of voting
power in case of company) at any time during the previous year.
CASUAL INCOME: WINNING FROM LOTTERIES,
CROSSWORD PUZZLES, ETC. [SEC. 56(2)(ib)]
Winnings from -

1. Lotteries;
2. Crossword puzzles;
3. Races including horse races;
4. Gambling and betting of any nature or form; or
5. Card games, game show or entertainment program on
television or electronic mode and any other game of any sort,
- are taxable under this head.
Lottery includes winnings from prizes awarded to any person by
draw of lots or by chance or in any other manner whatsoever,
under any scheme or arrangement by whatever name called.
Card game and other game of any sort includes any game show,
an entertainment programme on television or electronic mode, in
which people compete to win prizes or any other similar game.
Exemption/deduction [Sec. 58(4)]: Such income shall be fully
taxable & no deduction shall be allowed.
Tax rate [Sec. 115BB]: Tax is charged at a flat rate of 30%.
Notes
(a) Income of jockey: Income of jockey from such profession is
not treated as winning from horse races.
(b) Winning from a motor car rally: Winning from a motor car
rally is a return for skill and effort and cannot be treated as
casual income but taxable as normal income
(c) Lottery held as stock in trade: Winning from lottery to an
agent or trader out of its unsold stock (tickets) shall be treated
as incidental to business and taxed under the head “Profits &

gains of business or profession”
(d) Expenditure to be deducted: No deduction can be claimed
from such income even if such expenditure is incurred
exclusively and wholly for earning such income.
(e) Deduction: Deduction u/s 80C to 80U is not available from
such income.
Method of grossing up of income / Conversion of income
received into gross income in case of casual income
Sometime in the problem, lottery income received is given rather
than lottery income. In such case, students are required to gross
up the lottery income received. Relation between lottery income
earned and lottery income received is as under
Lottery income received = Lottery income earned – Tax
deducted at source on such income#
# Tax deducted at source: By virtue of sec. 194B & 194BB, tax
is deductible at sources @ 30% on payment in respect of winning
from lotteries, etc.
Procedure of grossing up, in case of resident individual or HUF,
are as follow:
Lottery Income Received = Gross Lottery Income – TDS @
30% on Gross Lottery Income.
Lottery Income Received = 70% of Gross Lottery Income
Gross Lottery Income = Lottery Income Received
70%

Note: Tax is not deducted in following cases, hence, there is no

need of grossing up.-
(a) If the amount of winning from lottery etc. or horse race is not
more than Rs. 10,000.
(b) In case of winning from racing other than horse race e.g.
camel races, etc.
FAMILY PENSION
Meaning:
Family pension means a regular monthly amount payable by the
employer to a person belonging to the family of a deceased
employee (e.g. widow or legal heirs of a deceased employee)
Tax Treatment: It is taxable under the head “Income from other
sources” after allowing standard deduction.
Standard Deduction [Sec. 57(iia)]

Minimum of: 1/3rd of such pension;
or
Rs. 15,000.
Relief u/s 89 on arrears of family pension Relief is available on
arrears of family pension received by the family member of a
deceased employee, as in case of arrears/advance salary.
Notes:
(a) Lump-sum payment made gratuitously or by way of
compensation or otherwise to the widow or other legal heirs
of an employee, who dies while still in service, is non-taxable
income.
(b) Ex-gratia payment made to the widow or other legal heir of an

employee, who dies while still in active service would not be
taxable as income provided it is paid by the Central Government
or State Government or local authority or Government or public
sector undertaking.
Illustration 1
Sudhir died on 31st July 2020 while being in Central Government
service. In terms of rules governing his service, his widow Mrs.
Sudhir is paid a family pension of Rs. 10,000 p.m. and dearness
allowance of 40% thereof. State whether the amount of family
pension is assessable in her hands, and if so, under what head of
income. Can she claim any relief/deduction on such receipt?
Compute taxable income for the assessment year 2021-22 and tax
thereon.
Solution:
Computation of gross total income of Mrs. Sudhir for the
A.Y.2021-22
Particulars Details Rs.
Income from other sources
Family pension [(Rs. 10,000 + Rs. 4,000)
112000
x 8] [From 01-08-2020 to 31-03-2021]
Less: Standard deduction being
(a) 1/3rd of the pension 37,333

(b) Statutory limit 15,000 15000

Total Income 97000

Tax on above Nil
It is assumed that other income of Mrs. Sudhir is nil.
INTEREST ON SECURITIES [SEC. 56(2)(id)]

As per sec. 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 issued by or on behalf
of -
■ a local authority; or
■ a company; or
■ a corporation established by a Central, State or Provincial Act.
Bond Washing Transactions [Sec. 94(1)]

Interest on securities shall not accrue on day-to-day basis. It
accrues on the due date of interest as prescribed by issuing
authority. Entire interest shall be charged in the hands of
assessee who holds security on such date (irrespective of the
date of acquisition of such security). Tax liability may be
evaded by transferring securities just before the due date of
interest (interest includes dividend) to any person (like friend
or relative who has low income) and reacquiring the same,
after the interest is received by the transferee. With this
practice, income, which should have been charged at higher
rate, shall be charged at lower rate or nil rates. To avoid these
practices, sec. 94(1) provides that –

 where an assessee transfers the securities before the due date of

interest and reacquires the same, then the interest received by
the transferee will be deemed to be the income of the transferor.
E.g: Mr. X transferred 1,000 10% debentures (due date of
interest of such debenture is 31st March every year), to his
brother Mr. Y on 27/03/2019 to evade tax. Such security is
repurchased by him on 5/04/2019. Interest for the previous year
2018-19, though received by Mr. Y shall be taxable in hands of
Mr. X due to sec. 94(1).
Deduction of tax at source

The person who is responsible for paying income by way of
interest on securities shall at the time of payment, deduct
income tax at the rate in force on the amount of interest payable.
The person or company who deduct tax is required to deposit
such amount of tax deducted to the government treasury on
behalf of the assessee. This is known as deduction of tax at
source.
Tax need not be deducted at source in the

following cases.
1. Notified bonds and securities issued by the state and central
government.
2. 7 year national saving certificate
3. Debentures issued by cooperative society or public sector
company or any authority or any other institution notified by
the central government.
4. Interest received from debentures or securities and the total
amount of interest payable does not exceed Rs. 5000.
5. Interest received from bank should not exceed RS. 10000

6. No tax shall be deducted if winning from lottery. Cross puzzles,
card game and TV game do not exceed rs.10000 and winning
from horse races do not exceed Rs. 10000.
7. No tax should be deducted from interest paid if interest
payable in financial year do not exceeds Rs. 10000 in case of
banks, post office and co operative society and Rs. 50000 in the
case of others.
8. Tax shall not deducted at source on interest on savings taxable
bonds, 2003 if the interest payable does not exceeds Rs. 10000
during the year.
Deductions [Sec. 57]:

The following expenditures are allowed as deductions from
income chargeable to tax under the head ‘Income from Other
Sources’:
S.N.SectionNature of Income Deductions allowed

1. 57(i) Dividend or Interest on Any reasonable sum
securities paid by way of
commission or
remuneration to banker
or any other person for
purpose of realizing
dividend (other than
dividends referred to in
section
115-O) or interest on
securities

2. 57(ia) Employee’s contribution If employees’

towards Provident Fund, contribution is credited
Superannuation Fund, to their account in
ESI Fund or any other relevant fund on or
fund setup for the welfare before the due date
of such employees
3. 57(ii) Rental income letting of Rent, rates, taxes,
plant, machinery, repairs, insurance and
furniture or building depreciation etc.
4. 57(iia) Family Pension 1/3rd of family pension
subject to maximum of
Rs. 15,000.
5. 57(iii) Any other income Any other expenditure
(not being capital
expenditure) expended
wholly and exclusively
for earning such
income
6. 57 (iv) Interest on compensation 50% of such interest
or enhanced (subject to certain
compensation conditions)
7. 58(4) Income from activity of All expenditure relating
Proviso owning and maintaining to such activity.
race horses.
Expenses not deductible [Section 58]
S.N.Section Nature of Income
1. 58(1)(a)(i) Personal expenses
2. 58(1)(a)(ii) Interest chargeable to tax which is payable

outside India on which tax has not been paid

or deducted at source
3. 58(1)(a)(iii)‘Salaries’ payable outside India on which no
tax is paid or deducted at Source
4. 58(1A) Wealth-tax
5. 58(2) Expenditure of the nature specified in section
40A
6. 58(4) Expenditure in connection with winnings from
lotteries, crossword puzzles, races, games,
gambling or betting
INTEREST EXEMPTED
The following interest income is exempt from income tax:
1) Interest on notified securities, bonds, certificates, deposits,
etc
2) Interest on notified capital investment bonds
3) Interest on notified relief bonds
4) Interest on notified bonds n the hands of non residents
5) Interest on non- resident account in the hands of non-
resident Indian in any bank India in accordance with the
provisions of the foreign exchange regulation Act 1973.
6) Interest on notified savings certificate
7) Interest on gold deposit bonds, 1999 or deposit certificate
under gold monetization scheme 2015.
8) Dividend from domestic company:- any income by way of
dividend from a domestic company shall be exempt.

Illustration 2
Compute income from “income from other sources” from the
following particulars submitted by Mr. soman.
1. Dividend (gross) 9600
2. Expenses incurred for its collection 500
3. Receipt from letting of plant and

10000
machinery
4. Repairs of plant and machinery 4000
5. Insurance premium in respect of

2000
plant and machinery
6. Depreciation allowed for letting 4000
Solution
Computation of Income from other Sources
Detail
Particulars s Rs.
Receipts from letting of plant and 1000

machinery 0
Less: admissible expenses
Repairs of plant and machinery 4000
Insurance premium in respect of plant and
2000
machinery

1000
4,000
Depreciation allowed for letting 0
Income from Other Sources Nil
Illustration 3
Mr. vasu received the following incomes during 2018-19.
Compute taxable income under the head income from other
sources separately for each case.
A. 1. Winning from Sikkim lottery

14000
(net)
2. winning from horse race 2000
3. winning from crossword

7000
puzzle
B. 1. Winning from lottery 2000
2. winnings from horse race 22400
Solution
Particulars Rs. Rs.
A. 1. Winning from Sikkim lottery

20000
(14000×100/70)
2. winning from horse race 2000

3. winning from crossword puzzle

10000
(7000×100/70)
Income from Other Sources 32000

B. 1. Winning from lottery 2000
2. winnings from horse race
32000
(22400*100/70)
Total 66000
Illustration 4
Compute taxable income under the head Income from other
sources of Mrs. X from the following data:
Amo
Particulars unt
1000
Private tuition fee received 0
Winning from lottery 2000
3200
Award from KBC (a TV show) [Gross] 00
2500
Pension from employer of deceased husband 0
2500
Interest on bank deposit 0

Directors fee (Gross) 5000
2500
Letting out of vacant land 0
Remuneration for checking the examination copy of 1000

employer’s school 0
Remuneration for checking the examination copy of 1000

C.A 0
Income tax refund 5000
Interest on income tax refund 100
1000
Composite rent (related expenditures are Rs. 5,000) 0
Rent on sub-letting of house property (rent paid to 2000

original owner Rs. 12,000) 0
Income tax paid 2000
1800
Payment made for personal expenses 0
Payment made to LIC as premium 2000
Solution
Amou
Particulars Details
nt
Private tuition fee received 10000
Casual Income
Winning from lottery 2000

32000
Award from KBC (a TV show) [Gross]
0
Pension from employer of deceased
husband 25000
Less: Standard deduction
a) 1/3rd of amount received (i.e. Rs. 8,333)
b) Rs. 15,000 8333 16667
Interest on bank deposit 25000
Directors fee (Gross) 5000
Letting out of vacant land 25000
Taxable
Remuneration for checking the as
examination copy of employer’s school Salary -
Remuneration for checking the
examination copy of C.A 10000
Not an
Income tax refund Income -
Interest on income tax refund 100
Composite rent 10000
Less: Expenditure 5000 5000
Rent on sub-letting of house property 20000
Less: Rent paid to original owner 12000 8000
******

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INCOME TAX

LAW AND ACCOUNTS

Income Tax Law and Accounts 2

II INCOME FROM SALARY 98

INCOME FROM HOUSE

Income Tax Law and Accounts 3

Income Tax Law and Accounts 4

In a Welfare State, the Government takes primary responsibility

Direct Tax & Indirect Tax

Income Tax Law and Accounts 5

persons, is known as Indirect Tax, such as GST, etc. It means,

Difference between direct taxes and Indirect Tax

CBDT frames rules from time to time. These rules are

Circulars and Notifications:

Brief History of Income Tax in India

Income Tax Law and Accounts 7

Assessee [Sec 2(7)]

Assessment [Section 2(8)]

Assessment Year (A.Y.) [SEC. 2(9)]

 Duration: Period of 12 months starting from 1st April.

 Purpose: Income of a previous year is assessed and taxable

Income – Section 2 (24)

received on regular basis. Income includes value of benefits

exclusively for the performance of the duties of an office or

 Any sum chargeable to income-tax under section 28(u)

 Any sum chargeable to tax u/s 28 (iiia)

 Any sum chargeable to tax u/s 28(iiib)

 Any sum chargeable to tax u/s 28 (iiic) , -

 The value of any benefit or perquisite taxable under section

 Any capital gain taxable under section 45

income is taxable under this Act unless specifically exempted

Person [Sec. 2 (31)

Previous Year [Sec.3]

Income Tax Law and Accounts 14

previous year for Income- Tax purpose.

 Assessment year for the Previous Year 2019-20; and

 Previous Year for the Assessment Year 2021-22.

Exceptions to the general rule that income of a

tax (Sec. 175)

Gross Total Income Sec: 80b (5)

Total Income Sec: 2(45)

Income Tax Law and Accounts 16

Comparison between Gross Total Income [GTI] Vs

Whereas, in the case

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Gross total income

Tax is not levied on Tax is levied on the

Determination of Residential Status

Income Tax Law and Accounts 19

Deemed Resident in India (Sec. 6 (1A))

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Year 2016-17 2017-18 2018-19 2019-20 Total

No of days stayed 55 60 80 160 355

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Resident and Ordinarily Resident

Resident but not ordinarily resident

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6(6), he is a resident but not ordinarily resident in India for the

Year Days Year Days Year Days Year Days

2006-07 15 days 2010-11 115 2014-15 265 2018-19 15 days

2007-08 257 2011-12 123 2015-16 310 2019-20 67 days