Taxation | ||
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sl no. | Unit 1: Definitions under Income Tax Act,1961 | pg no. |
1 | introduction | 2 |
2 | definitions under act | 2 |
3 | assessment year and previous year | 2 |
4 | person | 3 |
5 | assessee | 3 |
6 | total income | 4 |
7 | rates of taxes | 5 |
8 | for firms | 6 |
9 | for companies | 6 |
10 | residential statues | 6 |
11 | individual | 6 |
12 | resident and ordinarily resident ROR | 6 |
13 | basic conditions | 7 |
14 | additional conditions resident but not-ordinarily resident RNOR | 7 |
15 | nonresident NR | 7 |
16 | partnership firms | 7 |
17 | company | 8 |
18 | incidence of tax and residential status- section 5 | 8 |
19 | resident and ordinarily resident section 5(1) | 8 |
20 | resident but not ordinarily resident section 5(1) | 8 |
21 | non-resident | 9 |
22 | types of income status | 9 |
23 | accrual of income | 10 |
24 | income received in India-section 7 | 10 |
25 | income deemed to be receives in India-section 7 | 10 |
26 | income which are deemed to accrue or arise in India section 9 | 11 |
Unit 2:- Income exempt from tax | ||
1 | incomes exempt under section 10 of the act | 20 |
2 | agriculture income -section 10(1) | 20 |
3 | share of profit of a partner form a firm- section 10(2A) | 20 |
4 | interest on securities or bonds held by a non-resident or interest or nonresident external ) account-section 10(4) | 20 |
5 | foreign allowance -section 10(7) | 20 |
6 | amount received under a life insurance policy-section 10(101) | 21 |
7 | interest, premium or bonus on specified investments-section 10(15) | 21 |
8 | educational scholarship-section 10(16) | 21 |
9 | payment to MPs,MLAs etcsection 10(17) | 21 |
10 | pension to gallantry award winners section 10(18) | 22 |
11 | family pension under certain circumstances section 10(19) | 22 |
12 | property in possession of a former ruler section 10(19A) | 22 |
13 | income of a local authority section 10(20) | 22 |
14 | income of a specified news agency-section 10(22B) | 22 |
15 | income of a professional institutions section 10(23A) | 23 |
16 | income of a mutual fund-section 231 | 23 |
17 | income of a venture capital fund-section 10(23FB) | 23 |
18 | income of trade union-section 10(24) | 24 |
19 | educational scholarship-section 10(16) | 24 |
20 | income of employees state insurance fund section 10(25A) | 24 |
21 | capital gain arising from the transfer of units of UTI-section 10(33) | 24 |
22 | dividend received from a domestic company-section 10(34) | 25 |
23 | some other exemptions | 25 |
24 | income from mutual fund section 10(35) | 25 |
25 | capital gains due to compulsory acquisition of agricultural lamnd-sectionm10(37) | 25 |
26 | long term capital gains from the transfer of securities section 10(38) | 25 |
27 | occasional income of gifts-section 10(39) | 26 |
28 | newly established undertakings in free trade zones, software technology park etc-section 10A | 27 |
29 | free trade zones | 27 |
30 | kandla free trade zone | 27 |
31 | madras export processing zone | 27 |
32 | santacruz electronics export processing zone | 27 |
33 | cochin export processing zone | 27 |
34 | noida export processing zone | 27 |
35 | electronic hardware technology park | 27 |
36 | software technology park | 28 |
38 | income of 100% export oriented unitssection 10B | 29 |
37 | specific income exempt from tax | 30 |
39 | income of political party-section 13A | 30 |
40 | specific income exempt from tax | 30 |
41 | agriculture income | 30 |
42 | tax treatment of agriculture income | 30 |
Unit 3:-Income from salaries | ||
1 | wages | 38 |
2 | annuity | 38 |
3 | profits in lieu of salary | 38 |
4 | section 17(3) | 38 |
5 | terminal compensation | 39 |
6 | amount fro m unrecognized provident fund or unrecognized superannuation | 39 |
7 | amount received under keyman insurance policy | 39 |
8 | basis charge section-15 | 39 |
9 | exceptions | 40 |
10 | surrender of salary | 40 |
11 | foregoing salary | 41 |
12 | place of accrual section 9(1) | 41 |
13 | arrears of salary | 41 |
14 | basis of accounting | 41 |
15 | exempt income | 41 |
16 | bonus | 42 |
17 | exemptions section 10(5) to 10(14) | 42 |
18 | section 10(5):leave travel concession | 42 |
19 | family | 42 |
20 | section 10(10) gratuity | 43 |
21 | government employee | 43 |
22 | employees covered by the payment of gratuity Act 1972 | 43 |
23 | any other employee | 44 |
24 | pension section 10(10A) | 44 |
25 | uncommitted pension | 44 |
26 | commuted pension | 44 |
27 | leave salary section 10(10AA) | 45 |
28 | retrenchment compensation section 10(10B) | 46 |
29 | voluntary retrenchment/separation scheme section 10(10C) | 47 |
30 | exemption | 47 |
31 | guideline provided in rule 2BA | 48 |
32 | provident fund | 48 |
33 | types of provident fund | 49 |
34 | statutory provident fund | 49 |
35 | recognized provident fund | 49 |
36 | unrecognized provident fund | 49 |
37 | tax treatment | 49 |
38 | statutory provident fund | 49 |
39 | recognized provident fund | 49 |
40 | unrecognized provident fund | 49 |
41 | superannuation fund section 10(13) | 50 |
42 | house rent allowance HRA | 50 |
43 | special allowances-section 10(14) | 51 |
44 | allowances that are full taxable | 52 |
45 | prerequisites-section 17(2) and rule 3 | 53 |
46 | employees stock option plan-ESOP | 54 |
47 | rent free unfurnished accomodation:section 17(2)(1)rule 3(1) | 54 |
48 | hotel accommodation | 55 |
49 | furnished accommodation | 57 |
50 | accommodation at concession rate-section 17(2)B | 57 |
51 | domestic servant | 58 |
52 | gas, electric energy water supply for household consumption | 58 |
53 | prerequisites in respect of educational facilities | 59 |
54 | other fringe benefits or amenities section 17(2) | 59 |
55 | interest free or confessional loan made available for employees or any member of his household | 59 |
56 | use of movable assets | 60 |
57 | transfer of employers movable asset section 17(2) | 60 |
58 | medical facility proviso to section 17(2) | 60 |
59 | medical facility outside India | 61 |
60 | prerequisites exempt from tax | 61 |
61 | deductions section 16 | 62 |
62 | entertainment allowance 16(ii) | 62 |
63 | professional tax | 62 |
Unit 4:-Income from house property and other sources | ||
1 | scope section 22 | 76 |
2 | related case law | 76 |
3 | Chelmsford club V CIT 2002 SC | 76 |
4 | essential conditions for taxing income under this head | 77 |
5 | deemed ownership under section 27 | 78 |
6 | transfer to a spouse and child section 27(i) | 78 |
7 | holder of an impartial estate section 27(ii) | 78 |
8 | members of a cooperative society etc section 27(iii) | 78 |
9 | person in possession of property section 27(iia) | 78 |
10 | person having right in property for a period not less than 12 ears section (iiib) | 78 |
11 | determination of annual value | 78 |
12 | actual rent received or receivable | 78 |
13 | municipal value | 79 |
14 | fair rent of the property | 79 |
15 | standard rent | 79 |
16 | classification of the house property | 81 |
17 | house property which is let out throughout the year | 81 |
18 | municipal value | 81 |
19 | fair rental value | 81 |
20 | property which is let out but remains vacant for whole or part of the year | 82 |
21 | self-occupied property | 83 |
22 | property which is let out for part of the year and self-occupied for part of the year | 83 |
23 | more than one self occupied properties | 84 |
24 | deductions from income from house proper under section 24 | 86 |
25 | computation of income of a property | 86 |
26 | deduction under section 24 | 86 |
27 | inadmissible expenses section 25 | 87 |
28 | unrealized rent if realized subsequently | 87 |
29 | unrealized rent if realized subsequently | 87 |
30 | co-ownership-section26 | 87 |
31 | income from other sources section 56 | 88 |
32 | deductions from income from other sources | 89 |
33 | inadmissible expenses section 58 | 89 |
Unit 5:-Profit and gains from business and profession | ||
1 | expenses allowed as deductions-section 30 to section 37 | 106 |
2 | rent,rates,repairs, taxes and insurance on building-section 30 | 106 |
3 | repairs and maintenance of machine ,plant and furniture section 31 | 106 |
4 | depreciation section 32 | 107 |
5 | other sections | 107 |
6 | other deductions section 36 | 107 |
7 | general deductions-section 37(1) | 108 |
8 | capital expenditure vs. revenue expenditure | 190 |
9 | business expenditure | 111 |
10 | allowable expenditure | 111 |
11 | disallowable expenditure | 112 |
12 | expenditure not allowed as deductions | 112 |
13 | section 40a | 112 |
14 | section 40b | 113 |
15 | section 40A2 | 113 |
16 | if the assessee is an individual | 113 |
17 | if the assessee is a company | 114 |
18 | if the assessee is a firm | 114 |
19 | meaning of substantial interest | 114 |
20 | section 40A(3) | 115 |
21 | section 40A(7) | 115 |
22 | section 43B | 115 |
23 | allowability of certain expenditure | 117 |
24 | computation of profits from business and profession | 118 |
25 | profits as per profit and loss account | 118 |
Unit 6:-Capital gains | ||
1 | charging section-section 45 | 160 |
2 | capital asset | 160 |
3 | short term/ long term capital asset | 161 |
4 | period of holding-the period of holding in respect of capital assets is determined as follows | 161 |
5 | period of holding in case of shares or securities | 161 |
6 | transaction not regarded as transfer | 163 |
7 | from the assessment year 2008-09 | 165 |
8 | previous ear in which capital gains are chargeable to tax | 168 |
9 | transfer of capital asset section 2(47) | 169 |
10 | calculation of capital gains-section 48 | 170 |
11 | cost of acquisition | 171 |
12 | normal cost of acquisition -section 49(1) | 173 |
13 | cost of inflation index or indexed cost of acquisition | 173 |
14 | cost of improvement or indexed cost of improvement | 176 |
15 | deduction from capital gains | 178 |
16 | capital gain from the transfer of residential house property-section 54 | 178 |
17 | capital gain account scheme 1988 | 178 |
18 | capital gains from transfer of agricultural land section 54b | 179 |
19 | capital gains if invested in certain bonds-section 54EC | 181 |
20 | capital gains arising from transfer of certain securities/ units section 54 ED | 182 |
21 | capital gains on the transfer of a long term capital asset other than a house property | 183 |
22 | capital gain | 184 |
Unit 7:-Deductions from total income | ||
1 | basic rules for claiming the deduction | 198 |
2 | deduction s general | 198 |
3 | deduction in respect of life insurance premium, deferred annuity etc.section 80c | 198 |
4 | contribution to certain pension funds-section 80ccc | 202 |
5 | contribution to certain pension scheme of central government-section 80CCD | 202 |
6 | payment of medical insurance premium-section 80D | 203 |
7 | maintenance including medical treatment of dependents section 80DD | 203 |
8 | qualifying sum | 204 |
9 | medical treatment etc.section 80DDB | 204 |
10 | repayment of loan taken for higher education section 80E | 205 |
11 | donations paid section 80G | 205 |
12 | rent paid section 80GG | 209 |
13 | donations for scientific research or rural development section 80GGA | 211 |
14 | profits and gains from bio-degradable waste section80JJA | 212 |
15 | deduction in respect of employment of new workmen section 80JJAA | 213 |
16 | income of offshore banking units section 80LA | 213 |
17 | income of a person with disability section 80U | 214 |
18 | profits from infrastructural activity section 80JA | 215 |
19 | profits and gains from certain industrial undertakings other than infrastructure section 801B | 218 |
20 | industrial undertaking | 219 |
21 | operation of ship | 220 |
22 | hotel industry | 220 |
23 | company engaged in industrial and scientific research development | 221 |
24 | mineral oils and refining of mineral oil | 221 |
25 | developing and building housing projects | 221 |
26 | multiplex theatres | 222 |
27 | convention centre | 222 |
28 | integrated handling, storage and transportation of food grains or processing, preservation and packing of fruits or vegetables on or after1.04.2001 | 223 |
29 | operating and maintaining a hospital in rural areas | 223 |
Unit 8:-Tax deducted at source, interest, rebates and relief | ||
1 | tax deductions at source-TDS | 230 |
2 | payment of salary sec.192 | 231 |
3 | computation of salary for the purpose of tax deduction | 231 |
4 | house rent allowance | 231 |
5 | deductions | 232 |
6 | rounding off | 232 |
7 | tax deduction at source from interest on securities-section 193 | 234 |
8 | securities not subject to tax deduction | 234 |
9 | payment of salary sec.192 | 234 |
10 | payment without tax deduction or with lower tax deduction | 235 |
11 | regimental fund | 236 |
12 | tax deduction at source from interest other than interest on securities section 194A | 236 |
13 | interest not subject to tax deduction | 237 |
14 | tax deduction at source from winnings from lotteries or crossword puzzles section 194B | 238 |
15 | tax deduction at source from winnings from horse races section 194BB | 239 |
16 | tax deduction at source from payment to contractors or sub0contractors-section 194C | 239 |
17 | specified person | 240 |
18 | payment without tax deducted under section 194C | 241 |
19 | tax deduction at source | 241 |
20 | from insurance commission section 194D | 241 |
21 | tax deduction at source from payment to nonresident sportsmen or sports association -section 194E | 242 |
22 | tax deduction at source from payment in respect of national savings scheme section 194EE | 243 |
23 | tax deduction at source from payment in respect of repurchase of units of mutual funds or UTI-section 194$E | 244 |
24 | tax deduction at source from commission or brokerage section 194H | 244 |
25 | when commission is retained by agent | 244 |
26 | tax deduction at source from rent-section 194-I | 244 |
27 | rent | 245 |
28 | tax deduction at source from payment of fees for professional or technical services | 246 |
29 | meaning of professional technical services | 246 |
30 | failure to deduct the tax at source | 247 |
31 | online tax accounting system | 247 |
32 | nature of default penalty | 247 |
33 | tax deduction account number (TAN)-section 203 A | 248 |
34 | advance tax | 248 |
35 | when the tax is payable | 248 |
36 | failure to pay the advance tax | 249 |
37 | self-assessment tax | 249 |
38 | interest | 249 |
39 | interest payable for default in furnishing return of income.sec 234 A | 249 |
40 | when interest is paid on the income determined under section 143(3) or 144 and interest for delayed filling of return is already paid under section 104 A | 250 |
41 | interest for default in payment of advance tax. Section 234 B | 250 |
42 | if tax is paid on or after April 1 of the assessment year | 251 |
43 | interest for deferment of advance tax | 253 |
44 | in case of non-company assessee | 254 |
45 | short payment of advance tax in case of capital gains or casual income | 255 |
46 | interest on excess refund. section 234 D,applicable from June 1,2003 | 255 |
47 | interest for making late payment of income tax. section 220 | 256 |
48 | reduction or waiver of interest by CCIT/CIT | 256 |
49 | cancellation of assessment order | 256 |
50 | assessment original made varied or set aside but restored on the further appeal | 256 |
51 | interest for failure to deduct and pay tax at source. section 201(1A) | 257 |
52 | rebate in respect of securities transaction tax | 257 |
53 | rebates to a member of an association of persons. section 86 | 257 |
54 | relief for arrears of salary. section 89(1) | 258 |
55 | relief for arrears of salary or in advance salary.rule 21 A(2) | 258 |
56 | computation of relief in respect of gratuity. rule 21A(3) | 258 |
57 | computation of relief in respect of compensation on termination of employment rule 21 A (4) | 259 |
58 | computation of relief in respect of payments in commutation of pension rule21A(S) | 259 |
59 | computation of relief in respect of other payments 21A(6) | 259 |
60 | steps to determine tax liability | 260 |
Unit 9:- Assessment and procedures | ||
1 | tax authorities. section 116 | 266 |
2 | powers of income tax officers-section 131 to 138 | 267 |
3 | power of income -tax authorities regarding discovery, production of evidence etc.section 131 | 267 |
4 | search and seizure -section 132 | 268 |
5 | power to requisition books of account etc.section 132 A | 269 |
6 | provisions relating to retention of books etc ,seized during the course of search | 269 |
7 | retention | 269 |
8 | power to call for information section 133 | 269 |
9 | survey -section 133A | 270 |
10 | power of income-tax authority to collect certain information (door to door survey) section 133B | 271 |
11 | power to make enquiry-section 135 | 272 |
12 | proceedings to be judicial proceedings. section 136 | 272 |
13 | power to disclose information regarding assesses. section 138 | 272 |
14 | due dates' | 273 |
15 | filing of blank return of income b salaried employees section 139(1A) | 273 |
16 | filing of return in electronic form .section 139(1B) | 273 |
17 | loss return section 139(3) | 274 |
18 | tax authorities. section 116 | 274 |
19 | return by trusts. section 139(4A) | 274 |
20 | returns by political parties. section 139(4B) | 274 |
21 | returns by certain authorities/institutions. section 139(4C) | 275 |
22 | revised return.section 139(5) | 275 |
23 | defective return. section 139(9) | 276 |
24 | return by whom to be signed. section 140 | 277 |
25 | enquiry before assessement. section 142 | 278 |
26 | enquiry | 279 |
27 | special audit | 279 |
28 | opportunity | 279 |
29 | estimation b valuation officer in certain cases. section 142A | 279 |
30 | assessment. section 143 | 279 |
31 | best judgment assessment. section 144 | 280 |
32 | assessment, reassessment and recompilation .section 147 | 281 |
33 | basis | 281 |
34 | circumstances when income can be paid to escape assessment | 281 |
35 | circumstances when income can be paid to escape assessment | 281 |
36 | issue of notice where income has escaped assessment .section 148 | 282 |
37 | time limit for completion of assessment and reassessment. section 153 | 282 |
38 | assessment of income of an other person .section 153 © | 282 |
39 | appeals to high court. section 260A | 283 |
40 | revision by commissioner of income tax section 263 & 264 | 284 |
41 | revision of other orders. section 264 | 285 |
Unit 10:- Taxation by partnership firms | ||
1 | rate of tax in case of a firm .section 167 A | 290 |
2 | assessment as a firm .section 184 | 290 |
3 | assessment when section 184 is not complied with section 185 | 291 |
4 | change in constitution .section 187 | 291 |
5 | succession of firms. section 188 | 291 |
6 | joint and several liabilities of firms. section 188A | 22 |
7 | dissolution of firms. section 189 | 292 |
8 | computation of tax liability of partnership firm | 293 |
9 | losses incurred by the firm | 294 |
Unit 11: Taxation of companies | ||
1 | types of companies | 306 |
2 | section2(17) "company" means | 36 |
3 | section 2(18) company in which the public are substantial interested | 307 |
4 | section 2(22A) domestic company means | 308 |
5 | section 2(23A) foreign company | 308 |
6 | section 2(26) Indian company | 308 |
7 | concept of amalgamation | 309 |
8 | concept of demerger | 310 |
9 | losses in case of closely held company .section 79] | 312 |
10 | exceptions | 312 |
11 | taxation of companies | 313 |
12 | minimum alternate tax | 313 |
13 | the book profit computation | 314 |
14 | applicability of section 115JB to foreign companies | 315 |
15 | credit for tax paid under MAT section 115JAA | 316 |
16 | report of a chartered accountants 115JB | 317 |
17 | levy of interest u/s 234B and 234C with reference to tax on book profit | 317 |
18 | amount of loss and depreciation to be carried forward | 317 |
19 | capital gains part of book profit | 318 |
Unit 12:- Set off and carry forward of losses | ||
1 | set -off losses | 326 |
2 | inter source adjustment. section 70 | 326 |
3 | inter head adjustment- section 71 | 326 |
4 | deemed income | 329 |
5 | cash credit-section 68 | 329 |
6 | unexplained investment-section 69 | 329 |
7 | unexplained money jewellery etc-section 69 A | 329 |
8 | unexplained expenditure-section 69 C | 329 |
9 | investment not fully disclosed. section 69B | 330 |
10 | an amount borrowed repaid on hundi-section 69D | 330 |
11 | carry forward of losses | 332 |
12 | loss under the head "income from house properties | 333 |
13 | loss from speculation business | 333 |
14 | loss from non speculative business | 333 |
Unit 13:- Tax audit | ||
1 | form 3CD | 344 |
2 | general information- clause no.1 to clause no.8 | 345 |
3 | maintenance of accounts section 44AA-clause no.9 | 345 |
4 | presumptive profits. Clause no.10 | 347 |
5 | section 44AD business of civil construction | 347 |
6 | section 44AE business of piling, hiring or leasing goods carriages | 348 |
7 | section 44AE- retail business | 348 |
8 | method of accounting-section 145-clause no.11 | 349 |
9 | valuation of closing stock-section 145 A. clause no.12 | 350 |
10 | amounts non credited to profit and loss account-clause no,13 | 350 |
11 | depreciation - clause no.14 | 350 |
12 | amounts admissible under various section-clause no.15 | 351 |
13 | section 33AB tea or coffee or rubber development account | 351 |
14 | section 33ABA | 352 |
15 | section 35 | 353 |
16 | section 35AC | 354 |
17 | section 35CCA | 354 |
18 | section 35D | 354 |
19 | section 35E | 355 |
20 | amounts debited to profit and loss account clause no.17 | 356 |
21 | payments made to specified persons. clause no.18 | 357 |
22 | deemed profits. clause no.19 | 357 |
23 | profits chargeable to tax under section 41 clause no 20 | 357 |
24 | deduction on actual basis section 43 B -clause no.21 | 358 |
25 | details of any loans or deposits borrowed or repaid section 269SS/ 269T- clause no.24 | 359 |
26 | brought forward losses or depreciation- clause no 25 | 360 |
27 | deductions under chapter VI-A-clause no.26 | 360 |
28 | tax deducted at source. clause no.27 | 360 |
29 | quantitative details- clause no 28 | 360 |
30 | cost audit report- clause no.30 | 360 |
31 | accounting ratios- clause no.32 | 361 |
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