Direct Tax PDF

INTER CA
Direct TAX
Preface
Dear Students,
Welcome to the world of knowledge -- J.K. Shah Classes !
I have the pleasure of presenting this study material to you. It contains exhaustive
and comprehencive theory and good number of good problems, selected so carefully
from wide-ranging sources. It covers the problems which will bring in to focus all
practical applications of various tax provisions that you need to study in order to
fortify yourself for your examination. The material is so exhaustive that it just leaves
out nothing. No wonder, then, that whenever odd things are asked, our students
have had no difficulty at all.
The subject will be taught by eminent professors who are highly experienced and
well-versed with the job.
The coaching is very exhaustive and wholly concept based. The conceptual
explanations are entirely supported by good problems that cover the past and the
problems which peep into the future. Also, the coaching is very systematic, well-
planned and absolutely time bound. For a change, say good-bye to mechanical
learning. I am sure you will feel that the study is a pleasurable job and not a painful
exercise.
I wish you a very happy study time.
BEST OF LUCK !
- Prof J.K. Shah,

Chartered Accountant
INDEX
INTRODUCTION 01 1
to
14
RESIDENCE OF AN ASSESSEE 02 15
to
47
INCOME WHICH DO NOT FORM 03 48

to
PART OF TOTAL INCOME 55
INCOME UNDER THE HEAD 04 56

to
SALARIES 154
INCOME FROM HOUSE 05 155

to
PROPERTY 173
PROFITS & GAINS FROM 06 174

to
BUSINESS OR PROFESSION 304
AGRICULTURE INCOME 07 305

to
314
CAPITAL GAINS 08 315

to
413
INCOME UNDER THE HEAD 09 414

to
OTHER SOURCES 448
INDEX
CLUBBING OF INCOME 10 449

to
464
SET OFF & CARRY FORWARD 11 465

to
OF LOSSES 485
DEDUCTIONS UNDER 12 486

to
CHAPTER VI – A (PART I) 515
DEDUCTIONS UNDER 13 516

to
CHAPTER VI-A (PART – II) 538
RETURN OF INCOME 14 539

to
567
ADVANCED TAX & INTEREST 15 568

to
572
TAX DEDUCTION & 16 573

to
COLLECTION AT SOURCE 634
ALTERNATE MINIMUM TAX 17 635

to
639
COMPUTATION OF TOTAL 18 640

to
INCOME 693
INTER CA. – DIRECT TAXES
INTRODUCTION
What is a Tax?
Let us begin by understanding the meaning of tax. Tax is a fee charged by a government
on a product, income or activity. There are two types of taxes – direct taxes and indirect
taxes (See Chart below this paragraph). If tax is levied directly on the income or wealth
of a person, then it is a direct tax e.g. income-tax. If tax is levied on the price of a good
or service, then it is called an indirect tax. In the case of indirect taxes, the person paying
the tax passes on the incidence to another person.
Why are Taxes Levied?

The reason for levy of taxes is that they constitute the basic source of revenue to the
government. Revenue so raised is utilized for meeting the expenses of government like
defence, provision of education, health-care, infrastructure facilities like roads, dams etc.
Overview of Income-Tax Law in India

Income-tax is the most significant direct tax. In this material, we would be introducing
the students to the Income-tax law in India. The income-tax law in India consists of the
following components–
1
The various instruments of law containing the law relating to income-tax are explained
below:
Income-tax Act, 1961: The levy of income-tax in India is governed by the Income-tax Act,
1961. In this book we shall briefly refer to this as the Act. This Act came into force on
1st April, 1962. The Act contains 298 sections and XIV schedules. These undergo change
every year with additions and deletions brought about by the annual Finance Act passed
by Parliament. In pursuance of the power given by the Income-tax Act, 1961 rules have
been framed to facilitate proper administration of the Income-tax Act, 1961.
The Finance Act: Every year, the Finance Minister of the Government of India introduces the
Finance Bill in the Parliament’s Budget Session. When the Finance Bill is passed by both
the houses of the Parliament and gets the assent of the President, it becomes the Finance
Act. Amendments are made every year to the Income-tax Act, 1961 and other tax laws
by the Finance Act.
The First Schedule to the Finance Act contains four parts which specify the rates of tax -
→ Part I of the First Schedule to the Finance Act specifies the rates of tax applicable for
the current Assessment Year.
→ Part II specifies the rates at which tax is deductible at source for the current Financial
Year.
→ Part III gives the rates for calculating income-tax for deducting tax from income
chargeable under the head “Salaries” and computation of advance tax.
→ Part IV gives the rules for computing net agricultural income.
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, 1961, the CBDT
frames rules from time to time. These rules are collectively called Income-tax Rules,
1962. It is important to keep in mind that along with the Income-tax Act, 1961, these
rules should also be studied.
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.
The department is bound by the circulars. While such circulars are not binding on the
assessees, they can take advantage of beneficial circulars. Notifications are issued by
the Central Government to give effect to the provisions of the Act.
2
For example, under section 10(15)(iv)(h), interest payable by any public sector company
in respect of such bonds or debentures and subject to such conditions as the Central
Government may, by notification in the Official Gazette, specify in this behalf would
be exempt. Therefore, the bonds and debentures, interest on which would qualify for
exemption under this section are specified by the Central Government through Notifications.
The CBDT is also empowered to make and amend rules for the purposes of the Act by
issue of notifications. For example, under section 35CCD, the CBDT is empowered to
prescribe guidelines for notification of skill development project. Accordingly, the CBDT
has, vide Notification No.54/2013 dated 15.7.2013, prescribed Rule 6AAF laying down
the guidelines and conditions for approval of skill development project under section
35CCD. .
Case Laws: The study of case laws is an important and unavoidable part of the study of
income-tax law. It is not possible for Parliament to conceive and provide for all possible
issues that may arise in the implementation of any Act. Hence the judiciary will hear
the disputes between the assessees and the department and give decisions on various
issues. The Supreme Court is the Apex Court of the country and the law laid down by
the Supreme Court is the law of the land. The decisions given by various High Courts will
apply in the respective states in which such High Courts have jurisdiction.
Income tax Act 1961

Introduction
In India, Constitution is the parent law. All other laws should be enacted without
exceeding the framework of the constitution and subject to the norms laid down therein.
The Constitution of India empowers Central Government to levy tax on income. By virtue
of this power and to achieve this objective the Income Tax Act 1961 was enacted in the
place of the Income tax Act 1922.
According to Section 1 of the Income tax Act. The Act is to be called as “The Income Tax
Act 1961” and it extends to whole of India. It came into force on the 1st day of April 1962
i.e from AY 1962-63 onwards.
Preliminary
(a) Section 2 of the Income Tax Act gives definition of the various terms and expressions
used in the Act. Unless the context otherwise requires, these definitions should be
applied. The words “means”, “Includes” and “means and includes” are used in these
3
definitions and the significance of these terms needs to be understood.

(b) When definition uses the word “means”, the definition is self - explanatory, restrictive
and in a sense exhaustive. It implies that term or expression so defined means only
as to what it is defined as and nothing else. For example, the terms Agricultural
Income, Assessment Year, Capital Asset are exhaustively defined.
(c) When the legislature wants to widen the scope of a term or expression and where
an exhaustive definition cannot be given, it uses the word includes in the definition.
Hence, the inclusive definition provides an illustrative meaning and not an
exhaustive meaning. In practical application the definition could include what is not
specifically stated or mentioned in the definition so long as the stipulated criteria
are satisfied. To illustrate reference is drawn to the definition of the terms Income,
Person, Transfer.
(d) When the legislature intends to define a term or expression to mean something
and also intends to specify certain items to be included both the words means and
includes are used. Such definition is not only exhaustive but also illustrative in
specifying what is intended to be included. Sometimes specific items are included
in an exhaustive definition in order to avoid ambiguity and with a view to provide
clarity. One can find that these words are used in the definition of the terms Assessee,
Firm etc.
(e) Apart from the definition under section 2 the Act defines various other terms under
the respective sections where they are used. For Example Section 17(2) defines
perquisite, Section 3 defines Previous year.
Section 4: Charging Section

As per Section 4 of the Income tax Act, 1961 Income-tax is payable by every Person on
his total Income earned in the Previous Year at the Rates applicable for the relevant
Assessment Year.
DEFINITIONS
Some of the words used in the above statement require elaboration
1. PERSON: [Section 2 (31)]
Section 4 provides for charging tax on every person and person is defined under
section 2(31) as including :
1. An individual.
2. A Hindu Undivided Family (H.U.F.).
3. A Company.
4
4. A Firm; [Partnership Firm Assessed as Such (PFAS)].

5. An Association of Persons (A.O.P.) or Body Of Individuals (B.O.I.) whether
incorporated or not.
6. Local Authority.
7. Every artificial juridical person, not falling under any one of the preceding
categories.
Thus, this section enumerates seven types of assessees who are covered under
the Act. The seventh category is residuary and includes all sorts of artificial juridical
bodies not covered under any of the first six categories.
(2) INCOME [Section 2(24)]

Income is defined under section 2(24) of the Act. The definition contained in that
section is inclusive and not exhaustive, which means that income includes not only
those items which are enumerated in the section but besides it may include various
other items to which the natural meaning of the word may apply.
Section 2(24) defines as "Income" includes the following;
1. Profits and gains which are covered by section 28 or section 41.
2. Dividend
3. In case of charitable or religious trust or institution or educational institution
or university or hospital, or an electoral trust, voluntary contribution received.
4. The value of any perquisite taxable u/s 17(2), or profit in lieu of salary taxable
u/s 17(3), under the head salaries.
5. Any special allowance granted by the employer to meet expenses wholly,
necessarily and exclusively for the performance of the duties of employment &
dearness allowance & city compensatory allowance.
6. The value of any benefit or perquisite received by :
→ director of a company,
→ person who has a substantial interest in the company,
→  relative of director or person who has substantial interest in the
company, from a company, which otherwise was the obligation payable
by such persons.
7. The value of any benefit or perquisite obtained / paid by
→ by the representative assessee on behalf of the beneficiary -
→ which otherwise was the obligation payable by such beneficiary.
8. Any capital gains chargeable under section 45.
9. The profit and gain of any business or insurance carried on by a mutual insurance
5
company or by a co-operative society, computed in accordance with section 44.

10. The profit and gains of any business of banking (including providing credit
facilities) carried on by a cooperative society with its members.
11. 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.
12. Any sum received by the assessee from his employees as contributions to any
provident fund or super annuation 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.
13. Any sum received under a keyman insurance policy including the sum allocated
by way of bonus on such policy.
14. Any sum of money or any property (movable or immovable) received for no
consideration or inadequate consideration shall be considered as income,
subject to the provisions of section 56.
15. Any consideration received by a closely held company for issue of shares as
exceeds the fair market value of the shares referred to in section 56.
16. Any assistance in the form of subsidy, grant, cash incentive, duty drawback,
concession or reimbursement provided by Central Government or State
Government or any authority or any agency, except for-
(a) Subsidy provided for acquiring fixed assets for business purposes; and
(b) Subsidy provided by Central Government for the corpus of a trust or
institution set up by Central/State Government.
Following are the broad principles to understand the concept of "Income".

1. Different forms of income - Income may be received in cash or in kind. When it is
received in kind, its valuation is to be made according to the rules prescribed in
the Income-tax Rules. If however there is no prescribed rule, valuation thereof
is made on the basis of market value.
2. Receipt Vs. Accrual - Income arises either on receipt basis or on accrual basis.
Income may accrue to a tax payer without its actual receipt.
→ Salaries: Due or receipt whichever is earlier
→ House - property: Due basis
→ Business & Profession : As per method of accounting regularly followed
→ Capital Gains: Due basis
→ Income from other sources: As per method of accounting regularly
6
followed.
3. Relief or reimbursement of expenses is not treated as income - Mere relief or
reimbursement of expenses is not treated as income; for instance, reimbursement
of conveyance expenses to an employee is not an income.
4. Illegal income - The income - tax law does not make any distinction between
income accrued or arisen from a legal source and income tainted with illegality.
5. Disputed title - Income-tax assessment cannot be held up or postponed
merely because of existence of a dispute regarding the title of income.
6. Source of income need not exist in the assessment year: It is not necessary that a
source of income should exist in the assessment year.
Question.
Write short notes on Diversion of income
Answer
. Where by an obligation, income is diverted before it reaches the assessee, it
is "diversion of income" and not taxable. Conversely, after earning the income, if it
is required to be applied to discharge an obligation, it is merely an "application of
income" and income is chargeable to tax.
'Diversion of income', means handing over the income or part of it under a legal
obligation, i.e. the income infact relates to some other person and because of the
legal right of some other person, it is handed over to him Thus it cannot be considered
as income of the person who has initially received it and subsequently handed it
over to the other person. It will be considered as income of the other person who has
subsequently received it. Some examples of Diversion of Income are :
→ Right of maintenance of dependants or of co-parceners on partition of HUF.
→ Right under a statutory provision.
→ A charge created by a decree of a court of law.
Example: A and B are the joint authors of a book and are to share the remuneration
equally. The book is published in December, 2021 and in January 2022, as per the
Contract, A, the first author receives the entire remuneration of 2,50,000 and 50% of
the same is paid by A to B subsequently. This payment by A to B is "diversion of income
by overriding title", and his taxable income is only `1,25,000 and B's income will also
be `1,25,000. Now whatever A & B spend / invest out of their income of `1,25,000
each is an "application of income".
7
GROSS TOTAL INCOME (G.T.I.) [Section 80B(5)]

G.T.I. means the 'total income' computed under the five heads.
TOTAL INCOME [Section 2(45)]
It means the total amount of income referred to in section 5, computed in the
manner laid down in this Act.
*As per section 14, income of a person is computed under the following five heads
1. Income from salaries
2. Income from house property
3. Profits or gains of business or profession
4. Capital gains
5. Income from other sources
The aggregate of above is G.T.I. from which deductions under sections 80C to 80U are
deducted, and thus we arrive at the total income.
(3) PREVIOUS YEAR [Section 2(34)]

It means the previous year as defined in section 3. Section 3 has defined the previous
year as the financial year immediately preceding the assessment year. Income tax
is payable on the income earned during the previous year. It is brought to tax in
the immediately succeeding financial year, which is called as an Assessment year.
Therefore, the income earned during the previous year 2021-22.
i.e. 1st of April 2021 to 31st March, 2022, will be charged to tax in the assessment
year 2022-23.
Provided that, in the case of a business or profession newly set up, or a source of
income newly coming into existence, in the financial year, the previous year shall be
the period beginning with the date of setting up of the business or profession or, as
the case may be, the date on which the source of income newly comes into existence
and ending with the said financial year i.e. 31st March.
For e.g. Mr. "S" sets up a new business on 10th July, 2021 then the period from
10.7.2021 to 31.3.2022 will be his first previous year for the assessment year 2022-
2023. Thereafter every year a period of 12 months of April-March will be his previous
year. Thus only in the first year previous year will be for a broken period.
(4) ASSESSMENT YEAR [Section 2(9)]

Assessment year means the period of twelve months commencing on the 1st day of
April every year.
This means that every financial year beginning on the first of April and ending on
8
the 31st of March, is the assessment year. For example, the period from the 1st
April, 2022 to 31st March 2023 is called assessment year 2022 - 2023 in respect of
previous year 2021 - 2022.
Thus Income-Tax is an annual tax, charged on the total income earned by a person.
For computation of Income, the law applicable for the relevant assessment year
should be referred. Income-tax law changes frequently. Income taxable in a year
may be exempt or taxable differently in another assessment year.
The rates of tax may change from one assessment year to another. Thus the amount
of tax may differ from one assessment year to another, although the income earned
is the same in both the years.

(5) TAX RATES FOR ASSESSMENT YEAR 2022-2023
Particulars Individual/H.U.F./ Firm & Local Indian Foreign
A.O.P./B.O.I.A.J.P. Company Company
Authority
Basic tax Slab rates Flat rate of Flat rate of Flat rate of
30% 30% 40%
Add: If Total Income If Total If Total If Total
Surcharge > `50 lakhs, 10% of Income Income > ` 1 Income > ` 1
Basic tax >`1 Crore but < = Crore but <
Crore, 12% of ` 10 = ` 10
Basic tax crores, 7% of crores, 2% of
Basic tax Basic tax
If Total Income If Total If Total
> ` 1 Crore, 15% of Income Income
Basic tax > >
If total income > 2 `10 crores, ` 10 crores,
crores, 25% of Basic tax 12% of Basic 5% of Basic
If total income > 5 tax tax.
crore,
37% of Basic tax
Add: Health 4% of (Basic tax – 4% of 4% of 4% of
& Education Rebate + Surcharge) (Basic tax + (Basic tax + (Basic tax +
Cess Surcharge) Surcharge) Surcharge)
TAX PAYABLE XXXX XXXX XXXX XXXX
9
(I) SLAB RATES

Resident Senior Citizens Resident Very Senior / Super Others (Individuals aged <
(Age > = 60 years but < 80 Senior Citizens (Age > = 80 60 years at any time during
years at any time during years at any time during the the P.Y., H.U.F, A.J.P.) and
the P.Y.) P.Y.) all not resident individuals
Upto 3,00,000 NIL Upto 5,00,000 NIL Upto 2,50,000 NIL
3,00,001-5,00,000 5% 5,00,001-10,00,000 20% 2,50,001-5,00,000 5%
5,00,001-0,00,000 20% > 10,00,000 30% 5,00,001- 20%
10,00,000
> 10,00,000 30% > 10,00,000 30%
` 3,00,000, ` 5,00,000 and ` 2,50,000 are called as " BASIC EXEMPTION LIMIT"since
income tax is payable by the person on the income exceeding this limit.
Note 1:
If turnover or gross receipts for previous year 19 - 20 is upto 400 crores = basic tax
is 25% (applicable only to companies).
Note 2:
If an individual is born on 1/4/1962, then he / she turn 60 years of age on 31/3/2022.
Therefore he/ she will be considered as senior citizen for the P.Y. 2021-22 and will
be entitled to higher basic exemption limit of ` 3,00,000
(II) REBATE UNDER SECTION 87A

An individual who is resident in India, and whose total income does not exceed ` 5,00,000,
shall be entitled to a deduction, of the amount of "Basic tax" (calculated as per slab
rates) or a maximum of ` 12,500, whichever is less. This rebate shall be reduced
from the basic tax. Please note that this rebate is available to "individuals" only &
not to the other six persons as per section 2(31).
Note: No Rebate available from tax payable on LTCG u/s 112A.
(III) MARGINAL RELIEF

(ia) For persons other than companies
The total amount payable as income-tax and surcharge on total income
exceeding 50 lakhs rupees shall not exceed the total amount payable as
10
income-tax on a total income of 50 lakhs rupees by more than the amount of

income that exceeds one crore rupees.
If
[Basic tax + S.C. on Total Income] – [Basic tax on Total Income of ` 50 lakhs] >
Income in excess of ` 50 lakhs,
Then
Marginal Relief = [Basic tax + S.C. on Total Income] – [Basic tax on Total Income of `
50 lakhs] - Income in excess of ` 50 lakhs
(ib) For persons other than companies
exceeding one crore rupees shall not exceed the total amount payable as
income-tax on a total income of one crore rupees by more than the amount of
income that exceeds one crore rupees.
If
[Basic tax + S.C. on Total Income] – [Basic tax on Total Income of ` 1 crore] >
Income in excess of ` 1 crore, Then
1 crore] - Income in excess of ` 1 crore.
(ii) For companies having income
(a)
exceeding ` 1 crores but not exceeding ` 10 crores and
(b)
exceeding ` 10 crores.
exceeding one crore rupees but not exceeding ten crore rupees, shall not exceed
the total amount payable as income-tax on a total income of one crore rupees,
by more than the amount of income that exceeds one crore rupees.
exceeding ten crore rupees, shall not exceed the total amount payable as
income-tax and surcharge on a total income of ten crore rupees, by more than
the amount of income that exceeds ten crore rupees.
If
[Basic tax + S.C. on Total Income] – [Basic tax + S.C. on Total Income of ` 10
crore] > Income in excess of ` 10 crore,
Then
10 crore] - Income in excess of ` 10 crore.
11
(IV) Section 115BAC: New tax regime for individual/ HUF- Optional
Government has introduced a new scheme for individuals and HUFs with lower rates
for those foregoing certain exemptions/deductions:

Total income Tax Rate (Under the new regime)
Up to Rs. 2,50,000 Nil
Rs.2,50,000 to Rs. 5,00,000 5%
Rs.5,00,000 to Rs. 7,50,000 10%
Rs. 7,50,000 to Rs. 10,00,000 15%
Rs.10,00,001 to Rs. 12,50,000 20%
Rs. 12,50,001 to Rs. 15,00,000 25%
Above Rs.15,00,000 30%
1. Optional Scheme
2. Individual or HUF does not have business income, the option is to be exercised
for every year along with the filing of the return of income under section 139(1)
for the year.
3. Where such individual or HUF has business/profession, the option is to be
exercised on or before the due date of filling the return of income and such
option once exercised shall apply for that previous year and to all subsequent
years. One – time change is possible. After such change is done once, then
change is never possible unless business stops.
4. Which deduction/exemptions not to be allowed?
1. Leave Travel Concession – section 10(5)
2. House Rent Allowance – section 10(13A)
3. Exemption for allowance u/s 10(14) except – transport allowance, Conveyance,
daily allowance, tour-travel-transfer allowance
4. Allowance to MPs /MLAs – section 10(17)
5. Clubbed income of minor upto Rs.1,500 –section 10(32)
6. Exemption for unit in SEZ – section 10AA
7. Standard and other deductions (including profession tax) from salary – section16
8. Interest in respect of Self Occupied Property – section 24(b)
9. Set off of loss under the head income from house property against other heads
– Section 71 or any loss of earlier years belonging to any deductions mentioned
in this list
10. Additional depreciation – section 32(1)(iia)
11. Deduction under sections 32AD, 33AB and 33ABA
12
12. Specified deduction for donations or for expenditure on scientific research-

section 35(1)(ii)/(iia)/(iii) or section 35(2AA)
13. Weighted deduction for expenditure on specified business/agricultural extension
project-section 35AD and 35CCC
14. Standard deduction for family pension – section 57 (iia)
15. Deduction under Chapter VI-A (such as section 80C, 80D, 80TTA, 80TTB, 80G
etc.) Other than following:-
a) 80CCD(2) – employer’s contribution in notified pension scheme
b) 80JJAA – employment of new employees
c) 80LA – IFSC centre
Comparison with New tax regime with old.

[In new regime No – Standard deduction u/s 16(ia) of 50,000, No deduction of 80C of 1,50,000
& S.O. P Int. of 2,00,000 which normally people claim.]
ANNUAL INCOME TAX LIABILITY EXCLUDING SURCHARGE & EDUCATION CESS

1A 2A 3A 4A 5A 2B 3B 4B 5B 6B
Income Difference Rate Basic Cum. Difference Rate Basic Cum. Diff of
up to of tax of tax TAX
tax [5A – 5B]
2,50,000 - - Nil Nil - - Nil Nil -
5,00,000 2,50,000 5% 12,500 12,500 2,50,000 5% 12,500 12,500 -
7,50,000 2,50,000 10% 25,000 37,500 2,50,000 20% 50,000 62,500 25,000
8,00,000 50,000 15% 7,500 45,000 50,000 20% 10,000 72,500 27,500
10,00,000 2,00,000 15% 30,000 75,000 2,00,000 20% 40,000 1,12,500 37,500
12,50,000 2,50,000 20% 50,000 1,25,000 2,50,000 30% 75,000 1,87,500 62,500
15,00,000 2,50,000 25% 62,500 1,87,500 2,50,000 30% 75,000 2,62,500 75,000
50,00,000 35,00,000 30% 10,50,000 12,37,500 35,00,000 30% 10,50,000 13,12,500 75,000
75,00,000 25,00,000 30% 7,50,000 19,87,500 25,00,000 30% 7,50,000 20,62,500 75,000
Thus now the difference remains same.

But in the new tax regime the assesse will not get the deductions mentioned in point
4(sub points 1 to 15) mentioned in earlier page.
(v) Rounding - off of Income / Tax [Section 288A / 288B]

The taxable income / tax shall be rounded off to the nearest multiple of ten rupees
and for this purpose any part of a rupee consisting of paise shall be ignored and
13
thereafter if such amount is not a multiple of ten, then, if the last figure in that
amount is five or more, the amount shall be increased to the next higher amount
which is multiple of ten and if the last figure is less than five, the amount shall be
reduced to the next lower amount which is a multiple of ten.
Example:
Income / tax before rounding off Income/Tax after rounding off as per sec. 288A / 288 B
1, 23, 454.90 1, 23, 450
1, 23, 455.00 1, 23, 460
1, 23, 458.90 1, 23, 460
1, 23, 464.80 1, 23, 460
14
RESIDENCE OF AN
ASSESSEE
WHAT IS RELEVANCE OF RESIDENTIAL STATUS

Tax incidence on a assessee depends on his residential status. For instance, whether
an income, accrued to an individual outside India, is taxable in India depends upon the
residential status of the individual in India. Similarly, whether an income earned by a
foreign national in India (or outside India) is taxable in India, depends on the residential
status of the individual, rather than on his citizenship. Therefore, the determination of the
residential status of a person is very significant in order to find out his tax liability.
WHAT ONE MUST KNOW FOR DECIDING RESIDENTIAL STATUS

→ Residential status is a term coined under Income Tax Act and has nothing to do
with nationality or domicile of a person. An Indian, who is a citizen of India can be
non-resident for Income-tax purposes, whereas an American who is a citizen of
America can be resident of India for Income-tax purposes. Residential status of a
person depends upon the territorial connections of the person with this country, i.e.,
for how many days he has physically stayed in India.
→ The residential status of different types of persons is determined differently.
Similarly, the residential status of the assessee is to be determined each year with
reference to the “previous year”. The residential status of the assessee may change
from year to year. What is essential is the status during the previous year and not in
the assessment year.
→ Duty of Assessee- It is assessee’s duty to place relevant facts, evidence and material
before the Income Tax Authorities supporting the determination of Residential
status.
→ Dual Residential Status is possible - A person may be resident of one or more countries
in a relevant previous year e.g., Mr. X may be resident of India during previous year
2021 - 22 and he may also be resident/non-resident in England in the same previous
year. The emergence of such a situation depends upon the following
(a) the existence of the Residential status in countries under considerations
(b) the different set of rules having laid down for determination of residential
15
status.
→ Different residential status – An assessee is either (a) Resident in India, or (b) non
– resident in India. However, a resident Individual or a Hindu undivided family has
to be (a) resident and ordinarily resident, or (b) resident but not ordinarily resident.
Therefore, an individual and a Hindu undivided family can either be:
(a) Resident and ordinarily resident
(b) resident but not ordinarily resident
(c) Non resident in India.
All other assessees (viz, a firm, an association of person, a joint stock company and
every other person) can either be:
(a) Resident in India or
(b) Non-resident in India
The following chart highlights the same –

The following chart highlights the same –
HOW TO DETERMINE RESIDENTIAL STATUS OF AN INDIVIDUAL – SECTION 6(1)
16
1. Basic Conditions:
(a) If the Individual stayed in India for a period of 182 DAYS OR MORE during the
Relevant Previous Year (RPY), he is Resident of India;
(OR)
(b) (i) If he stayed in India for a period of 60 DAYS OR MORE during
Relevant Previous Year (RPY)
AND
(ii) 365 DAYS OR MORE during the four preceding Previous Years, he is Resident
of India.
If the assessee fails to satisfy either of the above basic conditions, as applicable,
then the assessee is a Non-Resident for that Relevant Previous Year.
2. Additional Conditions: Sec. 6(6) (a)

(1) Resident in India for at least 2 years out of the preceding 10 Previous Years.
(Preceding to relevant PY)
AND
(2) Stay in India for at least 730 days during the 7 preceding Previous Years
(Preceding to relevant PY).
If the assessee satisfies above additional conditions, then assessee is Resident
and ordinarily otherwise Resident but not ordinarily resident.
Special exceptional situations:

For the following persons, condition mentioned in 1(a) above shall only apply to determine
their Residential Status i.e. i.e. only (a) basic condition will be applicable and not (b) basic
condition.
17
Note:
1. The day on which he enters India as well as the day on which he leaves India
shall be taken into account as the stay of the Individual in India.
2. The stay in India need not be at the same place
3. It is also not essential that the stay should be continuous.
4. The place of stay and purpose of stay in India, is not material
How to determine period of stay in India for an Indian citizen, being a crew member?
In case of foreign bound ships where the destination of the voyage is outside India,
there is uncertainty regarding the manner and the basis of determining the period of stay
in India for an Indian citizen, being a crew member.
To remove this uncertainty, Explanation 2 to section 6(1) provides that in the case of an
18
Individual, being a citizen of India and a member of the crew of a foreign bound ship
leaving India, the period or periods of stay in India shall, in respect of such voyage, be
determined in the prescribed manner and subject to the prescribed conditions.
Accordingly, the CBDT has, vide Notification No.70/2015 dated 17.8.2015, inserted Rule
126 in the Income-tax Rules, 1962 to compute the period of stay in such cases.
According to Rule 126, for the purposes of section 6(1), in case of an individual, being a
citizen of India and a member of the crew of a ship, the period or periods of stay in India
shall, in respect of an eligible voyage, not include the following period:
Period to be excluded
Period commencing from Period ending on
the date entered and the date entered into the Continuous
into the Continuous Discharge Discharge Certificate in respect of
Certificate in respect of joining signing off by that individual from the
the ship by the said individual ship in respect of such voyage
for the eligible voyage
Meaning of certain terms:

Terms Meaning
(a) Continuous Discharge This term has the meaning assigned to it in the
Certificate Merchant Shipping (Continuous Discharge Certifi-
cate-cum Seafarer’s Identity Document) Rules, 2001
made under the Merchant
Shipping Act, 1958.
(b) Eligible voyage A voyage undertaken by a ship engaged in the
carriage of passengers or freight in international
traffic where –
(i) for the voyage having originated from any port
in India, has as its destination any port outside
India; and
(ii) for the voyage having originated from any port
outside India, has as its destination any port in
India.
19
HOW TO DETERMINE RESIDENTIAL STATUS OF AN HINDU UNDIVIDED FAMILY– SECTION

6(2)
A Hindu Undivided Family is said to be R&OR/RNOR in India if control and management of
its affairs is, wholly or partly, situated in India. A Hindu Undivided Family is non-resident
in India if control and management of its affairs is wholly situated outside India.
1. Control and management means de- facto control and management and not merely
the right to control or manage. Control and management is situated at a place
where the head, the seat and the directing power are situated.
2. And ordinarily/ not ordinarily depends upon the individual residential status of the
karta, i.e. satisfaction of additional conditions by the Karta.
HOW TO DETERMINE RESIDENTIAL STATUS OF FIRM AND ASSOCIATION OF PERSON –

SECTION 6(2)
A partnership firm and an association of person are said to be resident in India if control
and management of their affairs are wholly or partly situated within India during the
relevant previous year.
HOW TO DETERMINE RESIDENTIAL STATUS OF COMPANY [SECTION 6(3)]

An Indian company is always resident in India. A foreign company is resident in India only
if its "Place of effective management", in that year, is in India.
→ The term "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.
→ Usually control and management of a company's affairs is situated at the place
where meetings of board of directors are held. Moreover, control and management
referred to in section 6 is central control and management and not the carrying on
of day to day business by servants, employees or agents.
→ The term "control" does not mean shareholding control.
HOW TO DETERMINE RESIDENTIAL STATUS OF "EVERY OTHER PERSON" [SECTION 6(4)]

Every other person is resident in India if control and management of his affairs is wholly
or partly situated within India during the relevant previous year. On the other hand, every
other person is non-resident in India if control and management of its affairs is wholly
situated outside India.
20
SCOPE OF INCOME (SECTION 5)

Sr. Situations Whether taxable in the case of
No. R & OR R N OR NR
1. Income accruing or arising in India Yes Yes Yes
whether received in India or outside
India
2. Income received in India for the 1st Yes Yes Yes
Indian Income
time whether accrued in India or
outside India.
3. Income deemed to be received in India Yes Yes Yes
whether accrued in India or outside
India (Sec. 7)
4. Income deemed to accrue or arise Yes Yes Yes
in India whether received in India or
outside India (Sec. 9)
5. Income received and accrued outside Yes Yes No
India from a business controlled in or
profession set up in India
Foreign Income
6. Income received and accrued outside Yes No No
India from a business controlled from
outside India or a profession setup
outside India
7. Income accrued and received outside Yes No No
India (other than business and
profession)
8. Income earned and received outside No No No
India for an earlier year, but remitted
to India in the current year (whether
tax incidence arises at the time of
remittance?- No, as earlier is taxed on
accrual or due basis.)
21
Incomes deemed to accrue or arise in India [Section 9]

Certain Incomes are deemed to accrue or arise in India u/s 9 even though they may
actually arise outside India. The following is a list of such incomes in simple words.
1. Any business connection in India is taxable in India
2. Income through or from any property, any asset or source of income in India.
3. Income through the transfer of Capital Asset situated in India.
4. Income which falls under the head "Salaries" shall be regarded as income
earned in India if the income is payable for -
→ service rendered in India, and
→ the rest period or leave period, which is preceded and succeeded by services,
rendered in India and forms part of the service contract of employment.
5. Salary paid by the Government to a citizen of India for rendering service
outside India. However the allowances and perquisites paid outside India by
the Government to the citizen of India, is exempt u/s 10(7).
6. Dividend paid by an Indian company outside India.
7. Interest payable by:
(a) Government ; or
(b) any resident person, unless the interest is payable on any debt incurred or
money borrowed and used for a business or profession carried on by him outside
India or for earning any income from any source outside India ; or
(c) any non-resident person, when the interest is payable on any debt incurred or
money's borrowed and used for the purpose of a business or profession carried on
by him in India.
8. Royalty payable by:
(a) Government ; or
(b) any resident person, unless the royalty is payable in respect of any right,
property or information used or services utilised for the purposes of a business
or profession carried on by him outside India or for earning any income from
any source outside India ; or
(c) any non-resident person, when the royalty is payable in respect of any right,
property or information used or services utilised for the purposes of a business
or profession carried on by him in India or for earning any income from any
source in India.
9. Income by way of fees for technical services payable by :
(a) Government ; or
(b) any resident person, unless the technical fees is payable for a business or
22
profession carried on by him outside India or for earning any income from any
source outside India ; or
(c) any non-resident person, when the technical fees is payable for a business
or profession carried on by him in India or for earning any income from any
source in India.
The income of the non-resident shall be deemed to accrue or arise in India,
whether or not -
(i) the non-resident has a residence or place of business or business connection
in India
OR
(ii) the non-resident has rendered services in India.
OR
(iii) The possession or control of such right, property or information is with the
payer or used directly by the payer or the location is in India.
10. Income arising outside India, being any sum of money referred to in
sub clause (xviia) of clause (24) of section 2, paid on or after the 5th day of July,
2019 by a person resident in India to a non - resident, not being a company, or to a
foreign company.
Note: For Royalty & Fees for Technical services, Sec9 shall be applicable if
1. The payer is non-resident;
2. The patent, formula etc. (for Royalty) or services (or fees) are used for earning ANY
INCOME IN INDIA.
23
CLASSWORK PROBLEMS
Question 1
Mr. J is a citizen of Japan. He visited India for the first time of 1st April, 2016 and stayed
in India upto 10th April 2019. He again came back to India on 12th January, 2022 and
stayed here thereafter. Determine his residential status for Assessment Year 2022-23.
Question 2
Brett Lee, an Australian cricket player visits India for 100 days in very financial year. This
has been his practice for the past 10 financial years.
(a) Determine his residential status for A.Y. 2022-23.
(b) Would your answer be different if the above facts relate to Srinath, an Indian citizen
who resides in Australia and represents the Australian cricket team?
(c) What would be your answer if Srinath had visited India for 120 days instead of 100
days every year, including P.Y. 21-22?
Question 3
Mr. X is Professor at IIM, Ahmedabad. On 10th August, 2021, he left India to take Up the
professors Job at London School of Economics. He had never been out of India in the past.
Determine his residential status for A.Y. 2022-23.
(a) Would your answer be different if he had gone on a leisure trip?
Question 4
'F' was born in FRANCE in 1969 and his father was born in Australia in 1939, but F's
Grandfather was born in Dhaka in 1915. Will 'F' be a resident in India if he visits India for
181 days during the previous year 2021-22.
Determine Residential status for assessment year 2022 – 23, assuming his Indian income
is < 15 Lakhs.
Question 5
X, a citizen of India, left India for the 1st time on 6.6.2018 for employment abroad.
During 2019–20 and 2020-21 he visited India for 145 days and 165 days respectively. In
the previous year 2021-22 he came to India on 7.4.21 and left on 30.11.21.
Determine the residential status for the assessment year 2022-23, assuming his Indian
income is < 15 Lakhs.
24
Question 6
Mr. Ramchandra HUF is partly controlled from India. Mr. Ramchandra, Karta of HUF, is
visiting India for 50 days every year since 2017-18. Prior to that he visited India for 200
days every year.
Determine residential status of Mr. Ramchandra HUF for A.Y. 2022-23.
Question 7
Following are the particulars of taxable income of Mr R for the previous year ended
31.03.2022.
1. Royalty received from Government of India ` 24,000
2. Income from business earned in Afghanistan ` 25,000 of which 15,000 were received
in India (Controlled from Afghanistan).
3. Interest received from G a non- resident against a loan provided to him to run a
business in India 5000.
4. Royalty Received in India from S a resident for technical services provided to run a
business outside India 20,000.
5. Income from business in Jaipur 40,000. This business is controlled from France
20,000 were remitted to France.
6. Profit on sale of shares in Indian Company received in Germany ` 15,000
7. Dividend
- From Japanese Company received in Japan – 10,000
- From RP Ltd an Indian Company – 5,000
8. Income from property in London deposited in a bank in London, later on remitted to
India 1,00,000.
9. Income from Business in Canada Controlled from Mumbai 50,000 of which 27,000 is
received in India.
Find out Total Income of Mr R, if he is –
(a) Resident and Ordinarily Resident
(b) Resident but not Ordinarily Resident
(c) Non Resident.
25
HOMEWORK PROBLEMS
Question 1
Mr. Kohli, a citizen of India, is an export manager of Arjun Overseas Limited, an Indian
Company, since 1.5.2017. He has been regularly going to USA for export promotion. He
spent the following days in U.S.A. for the last five years:
Previous year ended No. of days spent in USA
31.3.2018 317 days
31.3.2019 150 days
31.3.2020 271 days
31.3.2021 311 days
31.3.2022 294 days
Determine his residential status for assessment year 2022-23 assuming that prior to
1.5.2017 he had never travelled abroad.
Question 2
Mr. A is an Indian citizen and a member of the crew of a Singapore bound Indian ship
engaged in carriage of passengers in international traffic departing from Chennai port on
6th June, 2021. From the following details for the P.Y.2021-22, determine the residential
status of Mr. A for A.Y.2022-23, assuming that his stay in India in the last 4 previous years
(preceding P.Y.2021-22) is 400 days and last seven previous years (preceding P.Y.2021-
22) is 750 days:
Particulars Date
Date entered into the Continuous Discharge Certificate in respect 6th June, 2021
of joining the ship by Mr. A
Date entered into the Continuous Discharge Certificate in respect 9th December 2021
of signing off the ship by Mr. A
Question 3
Determine the residential status in the following cases for the assessment year
2022-23:
(i) The control and management of a HUF is situated in India. The manager of the H.U.F.
visited England with his wife from 14.8.2021 to 30.6.2022. Earlier to that he was
always in India.
26
(ii) A company, whose registered office is in America, has a place of its effective
management in the previous year in India.
(iii) In a partnership firm, there are three partners namely A, B and C. A and B reside in
India while C lives in Germany. The firm is fully controlled by C. During the previous
year, Mr. C stayed for 6 months in India.
(iv) A V.I.P. Club is in India, whose director Mr. X belongs to China. The Club is controlled
fully by Mr. X. In the previous year. Mr. X did not come for a single day to India.
Question 4
‘A’ earns the following income during the financial year 2021-22:
Particulars Amount (`)
(a) Interest paid by an Indian company but received in London 2,00,000
(b) Pension from former employer in India, received in USA (after Std. 8,000
Deduction)
(c) Profits earned from business in Paris which is controlled in India, 40,000
half of the profits being received in India
(d) Income from agriculture in Bhutan and remitted to India 10,000
(e) Income from property in England and received there 8,000
(f) Past foreign untaxed income brought to India 20,000
Determine the total income of ‘A’ for the assessment year 2022-23 if he is
(i) Resident and ordinarily resident, (ii) Not ordinarily resident, and (iii) Non-
resident in India.
Question 5
Following are the incomes of R, a citizen of India, for the previous year 2021-22:
1. Interest on Saving Bank Deposit in Corporation Bank, Delhi 12,000
2. Income from agriculture in Africa invested in Russia 5,000
3. Dividends received in USA from an English Company, out of which ` 12,000
2,000 were remitted to India
4. Salary drawn for two months for working in Indian Embassy’s Office in 48,000
Australia and salary received there (After Standard Deduction)
5. Income from house property. (The building is situated in Iraq, out of which 25,000
` 20,000 deposited in a bank in Iraq and the balance remitted to India)
6. Pension received in Belgium for services rendered in India with a 10,000
limited company (After standard deduction)
27
You are required to compute his gross total income for the assessment year 2022-23
if he is (a) a resident and ordinarily resident, (b) not ordinarily resident, and (c) a non-
resident.
Question 6
Mr. Kapoor earns the following incomes:
Sr. Particulars `
1 Income from a HP in London, received in India 60,000
2 Profits from a Business in Japan, managed & received in Japan 900,000
3 Dividend from a Foreign Company, received in India 30,000
4 Dividend from an Indian Company, received in England 50,000
5 Profits from a Business in Kenya, controlled from India but received 300,000
in England
6 Profits from a Business in Delhi, managed in France 700,000
7 Capital Gains on transfer of shares of Indian Companies, sold in 200,000
USA, gains received in USA
8 Pension from a former employer in India, received in Vatican City 50,000
9 Profits from a business in Melbourne, deposited in a Bank in 20,000
Melbourne
10 Profit on sale of an asset in India, but received in Canada 8,000
11 Past untaxed profits of a UK Business for P.Y. 2014-15, brought 90,000
into India
12 Interest on Government Securities accrued in India, but received 80,000
in Chile
13 Interest on USA Government Securities, received in India 20,000
14 Interest on USA Government Securities, received in Malaysia 100,000
15 Salary earned in Mumbai, but received in Ottawa 60,000
16 Income from a property in Hong Kong, received there 100,000
On the presumption that all the above incomes are computed incomes, determine the
Gross Total Income of Mr. Kapoor, assuming that he is a ROR or RNOR or NR.
28
Question 7
Mr. Suhaan furnished the following particulars of his income
Sr. Particulars `
(a) Income earned from business in France which is controlled from 90,000
Mumbai (` 65,000 is received in India)
(b) Computed Pension for services rendered in India but received in 14,000
France
(c) Dividend received in France from Titanium Inc., a French company 25,000
(d) Rent from property in France deposited in a bank in France and 85,000
later on, remitted to India through approved banking channels
(e) Dividend from Sunset Ltd., an Indian company received in France 98,000
Compute the Gross Total Income of Mr. Suhaan, if he is ROR, RNOR, NR.
Question 8
Mr. Shantaram, a foreign national, furnishes the following particulars
Profit on sale of plant at London - [1/2 is received in India] 46,000
Profit on sale of plant at Delhi - [1/2 is received in London] 52,000
Interest on U.K. Power Bonds - [entire amount received in London] 40,000
Interest on Bank Accounts in India 5,000
Dividend from British Company received in India 2,000
Interest received in London from a Company registered in India but mainly 18,000
operating in U.K.
Profit from a business in Delhi managed from India 30,000
Income from a business in China controlled from India 10,000
Rental income from a property in Nepal deposited by a tenant in a foreign 1,00,000
branch of an Bank of India operating there
Computed salary earned and received in Hong Kong 20,000
Determine the Gross Total Income of Mr. Shantaram, if he is ROR, RNOR, NR.
29
Question 9
Mr. Sehwag settled in Australia in the year 1991. He has earned following incomes.
Compute his Gross Total Income.
Particulars `
Fees for technical services rendered in India, but received in Australia 75,000
Interest on Savings Bank Deposit in Bank of India 12,000
Interest on Australia Development Bonds(only 50% of interest received 55,000
in India)
Dividend from Indian company received in Australia 28,000
Profit from a business in Nagpur, but managed directly from Australia 95,000
Short-term capital gain on sale of shares of an Indian company received 90,000
in India
Agricultural income from a land situated in Punjab 55,000
Rent received in respect of house property at Bhopal 1,25,000
Question 10
Mr. Trilok, an Indian Citizen furnishes the following particulars of his income
Particulars `
1. Interest on Nepal Development Bond - [1/3rd received in India] 21,000
2. Income from Agriculture in Bangladesh 40,000
3. Rent from Property in Japan received outside India 10,000
4. Income earned from Business in London which is controlled from
Delhi [` 15,000 received in India] 35,000
5. Interest paid by an Indian Company but received outside India 9,000
6. Past untaxed profit brought to India 33,000
7. Profit from a Business in Pune & managed from outside India 50,000
8. Profit on Sale Building in Mumbai but received in Sri Lanka 40,000
9. Computed pension from an Indian employer in India received in 30,000
London
Find out Gross Total Income for Mr. Trilok if he is a [i] ROR; [ii] RNOR; or [iii] NR in India.
30
Question 11
Mr. Harshal, an Indian citizen had following incomes:
Sr. Particulars `
1. Professional Fees received in India for three months 75,000
2. Payment received in the United Kingdom for the services rendered 55,000
in India
3. Income from business, in Sri Lanka being controlled from India 50,000
4. Income from agriculture in Japan 80,000
5. Interest received Paris in respect of securities in a German company 25,000
6. Amount brought into India out of the past untaxed profits earned 30,000
in Germany
7. Dividend on shares of foreign companies:
- received abroad 22,000
- received in India 23,000
8. Interest on bank accounts in UAE 15,000
9. Profits from business in Spain which is controlled from India [50% 1,00,000
received in India]
10. Profits from Business in Mumbai, controlled and managed from 3,00,000
USA
11. Profit on sale of Building in India but received in Japan 2,40,000
12. Interest on Fixed Deposit with the ICICI Bank Ltd. 60,000
13. Computed salary earned and received in Bangladesh 40,000
Question 12
State with reasons whether the following transactions attract income tax in India in the
hands of recipients:
(1) Interest on Post Office Savings A/c amounting to ` 15,000 received by a resident
assessee, Mr. Robin.
(2) Legal Charges amounting to ` 5,00,000 paid in Mumbai to a lawyer of Canada who
visited India to represent a case at the Bombay High Court.
(3) Royalty paid by Mr. Satbir, a resident, to Mr. Ronald, a non-resident, in respect of a
business carried on in France.
(4) Salary paid by the Central Government to Ms. Monika, a citizen of India ` 11,00,000
(computed) for the services rendered in USA.
31
Question 13
Mr. Shaun, a Government employee serving in the Ministry of External Affairs, left India
for the first time on 31-03-2019 due to his transfer to High Commission of Canada.
He did not visit India any time during the P.Y. 2021-22. He has received the following
income for the F.Y. 2021-22:
Particulars `
Salary 5,00,000
Foreign Allowance 4,00,000
Interest on fixed deposit from a bank in India 1,00,000
Income from agriculture in Pakistan 2,00,000
Income from house property in Pakistan 2,50,000
Compute his Gross Total Income.
Question 14
Mr. Rachit, an Indian citizen, left India on 08-08-2021 for the first time to work as an
officer of a company in Germany. Determine the residential status of Rachit for the A.Y.
2022-23 and explain the conditions to be fulfilled for the same under the Income Tax
Act, 1961.
Question 15
Mr. Bhandari, a Canadian citizen, comes to India for the first time during the P.Y.
2017-18. During the F.Y.s 2017-18, 2018-19, 2019-20, 2020-21 and 2021-22,
he was in India for 55 days, 60 days, 90 days, 150 days and 70 days, respectively.
Determine his residential status for the A.Y. 2022-23.
Question 16
Mr. Deepak, an Indian citizen, leaves India on 22-9-21 for the first time, to work as an
officer of a company in France. Determine his residential status for the A.Y. 2022-23.
Question 17
The business of a HUF is transacted from USA and all the policy decisions are taken
there. Mr. Sharad, the Karta of the HUF, who was born in Kolkata, visits India during the
P.Y. 2021-22 after 15 years. He comes to India on 01-04-2021 and leaves for Australia
on 01-12-2021. Determine the residential status of Mr. Sharad and the HUF for the A.Y.
2022-23.
32
Question 18
Mr. Kevin is a foreign citizen (not being a person of Indian origin). Since 1981, he visits
India every year in the month of April for 100 days. Find out the residential status of Mr.
Kevin for the A.Y. 2022-23.
Question 19
Mr. Kamless, an Indian citizen, left India for the first time as a member of the crew of an
Indian ship on 15th November 2020. Thereafter he settles down abroad because of his
employment and comes back on a visit to India on 10th December, 2021 and
stays in India for 190 days. Determine his residential status for A.Y. 2022-23.
Question 20
Mr. Chandu, an individual, is Resident but Not Ordinarily Resident in India for the P.Y.
2021-22). During the P.Y. 2021-22, the affairs of Chandu (HUF), a HUF, whose karta is
Mr. Chandu since 1987, are partly managed from Nagpur and partly from Kathmandu
(Nepal). Determine the residential status of Chandu (HUF).
33
HOMEWORK PROBLEMS SOLUTIONS
Answer 1
Total stay in India
2017 – 18 48 days
2018 – 19 215 days
2019 – 20 95 days
2020 – 2021 54 days
2021 – 2022 71 days
During previous year 2021-22 his stay in India is 71 days and in the four preceding years
48 + 215 + 95 + 54 = 412 days.
Resident in India [exception one of (b) basic condition is NOT applicable as he has not
gone for employment abroad but has gone out of India during the course of his Indian
employment]
2020 - 21 54 days (Non-Resident)
2019 -20 95 days but more than 365 days in the 4 preceding previous
year. Hence, resident
2018 -19 215 days — resident
2017-18 48 days non-resident
Prior to 2017-18 resident
He satisfies the first condition of being resident in at least 2 out of 10 previous year prior
to relevant previous year and the 2nd condition of being in India for 730 days or more in
the 7 preceding previous years. He is “resident and ordinarily resident in India”.
Answer 2
In this case, the voyage is undertaken by an Indian ship engaged in the carriage of
passengers in international traffic, originating from a port in India (i.e., the Chennai
port) and having its destination at a port outside India (i.e., the Singapore port). Hence,
the voyage is an eligible voyage for the purposes of section 6(1). Therefore, the period
beginning from 6th June, 2021 and ending on 9th December, 2021, being the dates
entered into the Continuous Discharge Certificate in respect of joining the ship and signing
off from the ship by Mr. A, an Indian citizen who is a member of the crew of the ship, has
to be excluded for computing the period of his stay in India. Accordingly, 187 days [25
+ 31 + 31 + 30 + 31 + 30 + 9] have to be excluded from the period of his stay in India.
Consequently, Mr. A’s period of stay in India during the P.Y.2021-22 would be 178 days
34
[i.e., 365 days – 187 days]. Since his period of stay in India during the P.Y.2021-22 is less
than 182 days, he is a non-resident for A.Y.2022-23.
Note - Since the residential status of Mr. A is “non-resident” for A.Y.2022-23 consequent
to his number of days of stay in P.Y.2021-22 being less than 182 days, his period of stay
in the earlier previous years become irrelevant.
Answer 3
Residential Status for the assessment year 2022-23.
1. HUF is a resident in India, as it is partly controlled from India. Further, the karta of
the HUF satisfies both the conditions of category B. He was resident in at least 2 out
of 10 previous year prior to relevant previous year and was in India for 730 days or
more in the 7 preceding previous years. Hence, the HUF is “resident and ordinarily
resident in India”.
2. Company is resident in India as its place of effective management in the previous
year is in India.
3. A partnership firm is said to be resident in India if control and management of its
affairs is partly situated in India.
4. VIP Club is non-resident - no part of the control and management was in India.
Answer 4
Particulars ROR RNOR NR
(`) (`) (`)
(a) Interest paid by an Indian company but received
in London 2,00,000 2,00,000 2,00,000
(b) Pension from former employer in India, received
in USA (after Std. Deduction) 8,000 8,000 8,000
(c) Profits earned from business in Paris which is
controlled in India, half of the profits being 40,000 40,000 20,000
received in India
(d) Income from agriculture in Bhutanand remitted
to India 10,000 — —
(e) Income from property in England and received there 8,000 Nil Nil
(f) Past foreign untaxed income brought to India Nil Nil Nil
Note : Since such income does not relate to
current year, thus not taxable in all 3 cases.
2,66,000 2,48,000 2,28,000
35
Answer 5
Computation of Gross Total Income of RR
Particulars Resident Not Non-
and ordinarily resident
ordinarily resident resident
(`) (`) (`)
1. Interest on Savings Bank Deposit 12,000 12,000 12,000
2. Income from Agriculture in Africa 5,000 — —
3. Dividends received in USA 12,000 — —
4. Salary drawn for working in Indian Embassy
in Australia 48,000 48,000 48,000
5. Income from house property in Iraq 25,000 — —
6. Pension received in Belgium for services
rendered in India 10,000 10,000 10,000
Gross Total Income 1,12,000 70,000 70,000
Answer 6
Name of the Assessee: Mr. Kapoor
Legal Status: Individual PAN: _____________________
P.Y.:______________________ A.Y.: _____________________
Determination of Gross Total Income:
Sr. Particulars Note ROR RNOR NR
1 Income from a HP in London, received (1) 60,000 60,000 60,000
in India
2 Profits from a Business in Japan, 9,00,000 - -
managed & received in Japan
3 Dividend from a Foreign Company, 30,000 30,000 30,000
received in India
4 Dividend from an Indian Company, 50,000 50,000 50,000
received in England
5 Profits from a Business in Kenya, 3,00,000 3,00,000 -
controlled from India but received in
England
6 Profits from a Business in Delhi, 7,00,000 7,00,000 7,00,000
managed in France
36
7 Capital Gains on transfer of shares of 2,00,000 2,00,000 2,00,000

Indian Companies, sold in USA, gains
received in USA
8 Pension from a former employer in 50,000 50,000 50,000
India, received in Vatican City
9 Profits from a business in Melbourne, 20,000 - -
deposited in a Bank in Melbourne
10 Profit on sale of an asset in India, 8,000 8,000 8,000
but received in Canada
11 Past untaxed profits of a UK Business (3) - - -
for 2013-14, brought into India
12 Interest on Government Securities 80,000 80,000 80,000
accrued in India, but received in Chile
13 Interest on USA Government 20,000 20,000 20,000
Securities, received in India
14 Interest on USA Government 1,00,000 - -
Securities, received in Malaysia
15 Salary earned in Mumbai, but 60,000 60,000 60,000
received in Ottawa
16 Income from a property in Hong 1,00,000 - -
Kong, received there
26,78,000 15,58,000 12,58,000
Note:
(1) The question clearly specified that the incomes provided are computed incomes.
Therefore, standard deduction @ 30% in respect of house property income has
been not considered.
(2) As per Section 5, any past untaxed profits/income shall not be considered to be the
income of the current year. Therefore, the amount of past untaxed profits of the UK
Business for the P.Y. 2014-15, brought to tax in India has been ignored.
37
Answer 7
Name of the Assessee: Mr. Suhaan
Legal Status: Individual PAN: _______________________
P.Y.: ________________________ A.Y.: _______________________

Sr. Particulars ROR RNOR NR
(a) Income earned from business in France 90,000 90,000 65,000
which is controlled from Mumbai, out of
which ` 65,000 is received in India
(b) Pension for services rendered in India but 14,000 14,000 14,000
received in France
(c) Dividend received in France from Titanium 25,000 - -
Inc., a French company
(d) Rent from property in France deposited in a 59,500 - -
bank in France
(e) Dividend from Sunset Ltd., an Indian 98,000 98,000 98,000
Company
Gross Total Income 2,86,500 2,02,000 1,77,000
Note:
(1) As per section 5(1), global income is taxable in case of an ordinary resident.
However, as per section 5(2), in case of a non-resident, only the following incomes
are chargeable to tax in India:
(i) Income received or deemed to be received in India; and
(ii) Income accruing or arising or deemed to accrue or arise in India.
Further, the income which accrues or arise outside India would be chargeable to tax
in case of resident but not ordinarily resident in India, only if such income is derived
from a business controlled in India. Accordingly, the entire income earned from
business in France which is controlled from Mumbai would be chargeable to tax in
the hands of Mr. Suhaan if he is a resident in India or resident but not ordinarily
resident. However, if he is non- resident then only that part of income which is
received in India would be taxable in his hands.
(2) Pension for services rendered in India but received in France would be taxable in all
cases, since it has accrued or arisen in India.
(3) Dividend received in France from a French company would be taxable in the hands
38
of Mr. Suhaan, only if he is resident and ordinarily resident in India. If he is a resident

but not ordinarily resident or a non-resident, the same would not be taxable in his
hands in India since it has neither accrued nor arisen in India nor is it received in
India.
(4) Likewise, rental income from property in France would also be taxable only if he is
resident in India. It has been assumed that the rental income is the gross annual
value of the property. Therefore, deduction @ 30% u/s 24(a), has been provided and
the net income so computed is taken into account for determining the gross total
income of a resident and ordinarily resident.
Rent received (assumed as gross annual value) ` 85,000
Less: Deduction u/s 24(a) (30% of ` 85,000) (` 25,500)
Income from House Property ` 59,500
Answer 8
Name of the Assessee: Mr. Shantaram
Legal Status: Individual PAN: ___________________________
P.Y.: ___________________________ A.Y.: ___________________________

Particulars ROR RNOR NR
Profit on sale of plant at London
[i] one-half is taxable on receipt basis
[ii] one-half is taxable in the case of ROR 23,000 23,000 23,000
23,000 - -
Profit on sale of plant at Delhi
[Income accrued in India then where it is received
is immaterial] 52,000 52,000 52,000
Interest on U.K. Power Bonds 40,000 - -
[Income accruing / arising outside India]
Interest on Bank Accounts in India 5,000 5,000 5,000
[Income accrued and received In India]
Dividend from British Co. received in India 2,000 2,000 2,000
[Income received in India]
Interest received in London from Indian Co. 18,000 18,000 18,000
[Income accrued in India]
39
Profit from a business in Delhi managed from 30,000 30,000 30,000

India [Income accrued in India ]
Income from business in China controlled from 10,000 10,000 -
India
[Income accrued & received outside India but from
a business controlled from India]
Rental income from a property in Nepal received 70,000 - -
outside India [Income accrued & received outside
India] - (Note)
Salary earned & received in Hong Kong 20,000 - -
[Income accrued & received outside India]
Note: Income from house property in Nepal:

Rent received (assumed to be gross annual value) 1,00,000
Less: Deduction u/s 24(a) - (30% of Rs. 1,00,000) (30,000)
Income from House Property 70,000
The net income from house property in Nepal would be taxable in the hands of Mr.
Shantaram only when he is ROR. Further, the tenant has deposited the rent outside India
in the bank account of Mr. Shantaram therefore, the income from this house property is
considered to be received by Mr. Shantaram outside India.
Answer 9
Mr. Sehwag, is a non-resident as he is settled in Australia since 1991.
Accordingly, his total income would be computed as follows:
Name of the Assessee: Mr. Sehwag
Legal Status: Individual - Non Resident PAN: _______________________
P.Y.: ___________________________ A.Y.: _______________________
40

Particulars `
Fees for technical services rendered in India, but received in Australia 75,000
(Note 1)
Interest on Savings Bank Deposit in Bank of India (Note 1) 12,000
Interest on Australia Development Bonds (Note 1) 27,500
Dividend from Indian Company received in Australia 28,000
Profit from business in Nagpur but managed directly from Australia 95,000
(Note 1)
Short-term capital gain on sale of shares of an Indian company received 90,000
in India (Note 1)
Agricultural income from a land in Punjab (Note 2) -
Income from house property at Bhopal (Note 3) 87,500
Gross Total Income 4,15,000
Note:
(1) In case of a resident, his global income is taxable as per section 5(1). However, as per
section 5(2), in case of a non-resident, only the following incomes are chargeable to
tax:
(ii) Income which accrues or arises or is deemed to accrue or arise in India.
Therefore, fees for technical services rendered in India would be taxable in hands of
Mr. Sehwag, even though he is a non-resident. The income referred to in Sr. No. 2,
5 and 6 are also taxable in his hands, since these incomes accrue or arise or deemed
to accrue or arise in India. Interest on Australia Development Bonds to the extent of
50% would be taxable in India, since this portion is received in India.
(2) Agricultural income from a land situated in India is exempt u/s 10(1).
(3) Income from house property

Rent received (assumed to be gross annual value) 1,25,000
Less: Deduction u/s 24(a) - (30% of Rs. 85,000) (37,500)
The net income from house property in India would be taxable in his hands since the
accrual and receipt of the same are in India
41
Answer 10
Name of the Assessee: Mr. Trilok
Legal Status: Individual PAN: ________________________
P.Y.: ______________________ A.Y.: ________________________

Sr. Particulars ROR NOR NR
1. Interest on Nepal Development Bonds
1/3rd is taxable on receipt basis
2/3rd is taxable in the case of ROR on accrual 7,000 7,000 7,000
basis 14,000 - -
2. Income from Agriculture in Bangladesh 40,000 - -
3. Income from property in Japan received outside 7,000 - -
India
[Income accruing & arising outside India] - (Note)
4. Income earned from business in London,
controlled from Delhi
[i] ` 15,000 is taxable on receipt basis 15,000 15,000 15,000
[ii] Balance is not taxable in the case of NR 20,000 20,000 -
5. Interest paid by an India Company received 9,000 9,000 9,000
outside India
[Income deemed to accrue or arise in India]
6. Past untaxed profit brought to India - - -
[Does not represent current year’s income, hence
not taxable]
7. Profit from a business in Pune & managed from 50,000 50,000 50,000
outside India
[Income Accrued in India]
8. Profit on sale of building in Mumbai but received 40,000 40,000 40,000
in Sri Lanka
9. Pension from an Indian former employer received 30,000 30,000 30,000
in London
42
Note:
Income from house property in Japan:
Rent received (assumed to be gross annual value) 10,000
Less: Deduction u/s 24(a) - (30% of ` 10,000) (3,000)
The net income from house property in Japan would be taxable in the hands of Mr. Trilok
only when he is Ordinarily Resident (ROR).

Answer 11
Name of the Assessee: Mr. Harshal
Legal Status: Individual PAN: _________________________
P.Y.: __________________________ A.Y.: __________________________

Sr. Particulars ROR RNOR NR
1. Professional Fees received in India for three 75,000 75,000 75,000
months
[Income received in India]
2. Payment received in the United Kingdom for the 55,000 55,000 55,000
services rendered in India
3. Income from business, in Sri Lanka being 50,000 50,000 -
controlled from India
[Income accrued & received outside India from a
business outside India but controlled from India]
4. Income from agriculture in Japan 80,000 - -
5. Interest received Paris in respect of securities in 25,000 - -
a German company [Income accrued & received
outside India]
6. Amount brought into India out of the past untaxed - - -
profits earned in Germany [To be ignored]
43
7. Dividend on shares of foreign companies:

received abroad 22,000 - -
received in India 23,000 23,000 23,000
[Income accrued outside India but received in
India]
8. Interest on bank accounts in UAE 15,000 - -
9. Profits from business in Spain which is controlled
from India 50,000 50,000 50,000
50% received in India 50,000 50,000 -
Balance 50% received outside India
10 Profits from Business in Mumbai, controlled and 3,00,000 3,00,000 3,00,000
managed from USA [Income accrued in India]
11 Profit on sale of Building in India but received in 2,40,000 2,40,000 2,40,000
Japan
12 Interest on Fixed Deposit with the ICICI Bank Ltd. 60,000 60,000 60,000
13 Salary earned and received in Bangladesh 40,000 - -
Answer 12
Sr Taxable or Taxable Reason
not? Amount
(1) Partly 1,500 The interest on Post Office Savings Deposit Account,
Taxable would be exempt u/s 10(15) only to the extent of
` 3,500 in case of an individual account. Hence, `
11,500 shall be taxable under the head ‘Other
Sources’ and will form part of Gross Total Income.
Note: ` 10,000, however, would be allowed as
deduction u/s 80TTA from the Gross Total Income.
44
(2) Taxable 5,00,000 In case of a non-resident, any income which accrues

or arises in India or which is deemed to accrue or arise
in India or which is received in India or is deemed to
be received in India is taxable in India.
Therefore, legal charges paid in India to a non-
resident lawyer of Canada, who visited India to
represent a case at the Bombay High Court would
be taxable in India.
(3) Not Taxable NIL Royalty paid by a resident to a non-resident in
respect of a business carried on in France would not
be taxable in the hands of the non-resident provided
the same is not received in India.
This has been provided as an exception to deemed
accrual mentioned in section 9(1)(vi)(b).
(4) Taxable 11,00,000 As per section 9(1)(iii), Salary payable by the
Government to a citizen of India for service rendered
outside India shall be deemed to accrue or arise in
India.
Therefore, salary paid by the Central Government
to Ms. Monika for services rendered in USA shall be
deemed to accrue or arise in India, since she is a
citizen of India.
Answer 13
As per the provisions of section 6(1), Mr. Shaun is a non-resident for the A.Y.
2022-23, since he was not present in India at any time.
As per section 5(2), a non-resident is chargeable to tax in India only in respect of following
incomes:
(ii) Income accruing or arising or deemed to accrue or arise in India.
In view of the above provisions, income from agriculture in Pakistan and income from
house property in Pakistan would not be chargeable to tax in the hands of Mr. Shaun,
assuming that the same were received in Pakistan.
Income from ‘Salary’ payable by the Government to a citizen of India for services
rendered outside India is deemed to accrue or arise in India as per section 9(1)(iii). Hence,
such income is taxable in the hands of Mr. Shaun, even though he is a non-resident. It has
45
been assumed that Mr. Shaun is a citizen of India. However, allowances or perquisites paid
or allowed as such outside India by the Government to a citizen of India for rendering
service outside India is exempt u/s 10(7). Hence, foreign allowance of ` 4,00,000 is exempt
u/s 10(7).
Hence, Gross Total Income of Mr. Shaun for the A.Y. 2022-23:
Particulars `
Salary [5,00,000(-) Ded. u/s 16(ia) of 50,000 S.D.] 4,50,000
Interest on fixed deposit from a bank in India (Income from ‘Other Sources’) 1,00,000
Answer 14
As per the provisions of 6(1), an individual is said to be a resident in India in any
P.Y. if he satisfies any one of the following conditions:
(A) He has been in India during the P.Y. for a total period of 182 days or more;
or
(B) He has been in India for at least 60 days in the P.Y. and has been in India for a total
period of 365 days or more during the 4 years immediately preceding to current P.Y.
In the case of Indian citizens leaving India for employment, the period of stay during the
P.Y. must be 182 days instead of 60 days given in condition ‘B’ above. During the P.Y. 2021
- 22, Mr. Rachit, an Indian citizen, was in India for 130 days only (i.e. 30+31+30+31+8).
Thereafter, he left India for employment purposes.
Since he does not satisfy the minimum criteria of 182 days, he is a Non- Resident.
Answer 15
During the P.Y. 2021 - 22, Mr. Bhandari was in India for 70 days and during the 4 years
preceding the P.Y. 2021 -22, he was in India for 355 days (i.e. 55+ 60+90+150 days).
He does not satisfy the basic conditions as prescribed u/s 6(1). Therefore, he is a Non-
Resident.
Answer 16
During the P.Y. 2021 -22, Mr. D, an Indian citizen, was in India for 175 days (i.e.
30+31+30+31+31+22 days). He does not satisfy the minimum criteria of 182 days. Also,
since he is an Indian citizen leaving India for the purposes of employment, the second
condition u/s 6(1) is not applicable to him.
Therefore, Mr. Deepak is a non-resident.
46
Answer 17
(a) During the P.Y. 2021 - 22, Mr. Sharad has stayed in India for 245 days (i.e. 30 + 31
+ 30 + 31 + 31 + 30 + 31 + 30 +1 days). Therefore, he is a resident. However, since he
has come to India after 15 years, he does not satisfy any of the conditions for being
ordinarily resident.
Therefore, the residential status of Mr. Sharad for the P.Y. 2020-21 is resident but not
ordinarily resident.
(b) Since the business of the HUF is transacted from Australia and nothing is mentioned
regarding its control and management, it is assumed that the control and
management is also wholly outside India. Therefore, the HUF is a non-resident for
the P.Y. 2021-22.
Answer 18
Mr. Kevin is a Resident but Not Ordinarily Resident (RNOR).
Hint: Stay in India for the P.Y. 2021-22: 100 days
Stay during Past 4 P.Y.s: 400 days (100days x 4 years) Resident in all the 10 P.Y.s out of
last 10 P.Y.s
Stay during Past 7 P.Y.s: 700 days (100days x 7 years)
Answer 19
Mr. Kamless is a Non - Resident (NR).
Hint: Stay in India for the P.Y. 2021-22: 112 days (Out of 190 days; 78 days stay in India
is not in the current P.Y., it is during the next P.Y., hence; not considered)
Mr. Kamless is an Indian Citizen who comes to India during the current P.Y. for the purpose
of visit; hence he is covered by the exceptions to the basic conditions u/s 6(1) and basic
condition (b) is not applicable in his case and he is not able to satisfy the one & only (a)
basic condition, since stay is <182 days in P.Y. 21-22.
Answer 20
Chandu (HUF) is a Resident but Not Ordinarily Resident (RNOR).
Hint: Since, Control & Management of the affairs of Chandu (HUF) is partly situated in
India & partly outside India during the P.Y. 2021-22; hence Chandu (HUF) is a Resident.
Further, Mr. Chandu, the karta of Chandu (HUF) himself is a RNOR during the P.Y. 2021-
22 which means he does not satisfy both the additional conditions.
47
INCOME WHICH DO NOT FORM

PART OF TOTAL
INTRODUCTION
In computing the total income of a previous year of any person, income falling within any
of the following classes shall not be included.
NON-TAXABLE INCOMES (SECTION 10) SOME IMPORTANT SECTIONS

Section Particulars
10(1) Agricultural Income from India.
10(2) Any sum received by an individual, as a member of H.U.F. Where such sum
has been paid out of income or estate of the family is exempt from tax.
Since
H.U.F. has paid the tax thereon.
10(2A) Share of profit from partnership firm:
Since the Partnership Firm is taxed separately, share of a partner (including
minor admitted for benefit of the firm) from a P.F.A.S..(Partnership firm
assessed as such) as per partnership deed is exempt from tax. Since the
P.F.A.S. has paid the tax thereon.
10(5) DETAILED IN SALARIES CHAPTER
10(6)(ii) Salary of a diplomatic personnel:
Remuneration received by a person as an officer of an embassy, high
commission, legation, commission, consulate or the trade representation
of a foreign state or is a member of staff of any of these official will be
exempt from tax if corresponding Indian officer enjoys the same benefit in
that country.
10(10A) DETAILED IN SALARIES CHAPTER
10(10AA) DETAILED IN SALARIES CHAPTER
10(10B) DETAILED IN SALARIES CHAPTER
10(10C) DETAILED IN SALARIES CHAPTER
10(10CC) DETAILED IN SALARIES CHAPTER
48
10(10D) Amount received on Life Insurance Policy is wholly exempt from tax
(including bonus there on).
EXCEPTIONS: In the following cases, the amount received under the Life Insurance Policy is
taxable:
(i) Any sum received u/s. 80DD;[Refer chapter 12]; or
(ii) Any sum received under a Keyman Insurance Policy; [Refer chapter 1]
or
(iii) Any sum received under an insurance policy issued on or before
31.03.2012 in respect of which the premium payable for any of the
years during the term of the policy exceeds 20% of the capital sum
assured; or
(iv) Any sum received under an insurance policy issued on or after 1.4.2012
in respect of which the premium payable for any of the years during the
term of the policy exceeds 10% of the capital sum assured.
(v) Any sum received under an insurance policy issued on or after 1-4-
2013, where the policy is for insurance on life of the assessee and for
the benefit of any person, who is suffering from disability mentioned
in section 80U or disease mentioned in section 80DDB, in respect of
which the premium payable for any of the years during the term of
the policy exceeds 15% of the capital sum assured.
(vi) Any sum received towards U. L. I. P. policy issued on or after 1-2-
21, if the amount payable as premium during the term of the policy
exceeds 2,50,000 per year.
However the exemption will be available for any sum received on the
death of a person in relation to the policies covered under point (iii), (iv),
(v) and (vi) above.
It is important to note that in calculating "Capital sum assured" the
following will not be considered.
* The value of any premiums agreed to be returned or
* the value of any benefit by way of bonus or otherwise over and above
the sum actually assured, which is to be or may be received under the
policy by any person.
(Keyman insurance policy means a Life Insurance Policy taken by a person
on the life of another person who is or was the employee of the first
49
mentioned person or is or was connected in any manner whatsoever 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).
10 (11A) Any payment from an account, opened in accordance with the
Sukanya Samriddhi Account rules, 2014 made under the Governement
Savings Bank Act 1873, is fully exempt.
10(11) &10(12) DETAILED IN SALARIES CHAPTER

10(13A) DETAILED IN SALARIES CHAPTER
10(15) Interest on securities:

is exempt from tax for notified securities.
Interest on the following is exempt from tax:
* Interest on notified securities, bonds or certificates which are: 12
years National Saving Annuity Certificates; National Defence Gold
Bonds, 1980; Special Bearer Bonds, 1991; Treasury Savings Deposit
Certificates; Post Office Cash Certificates (5 years); National Plan
Certificates (10 years); National Plan Saving Certificates (12 years);
Post Office National Savings Certificates (12 years/ 7 years); Post
Office Saving Bank Accounts; Public Account of Post Office Savings
Account Rules (interest upto ` 5,000); Post Office CTD; Fixed Deposit
[Government Savings Certificates (Fixed Deposit) Rules 1968 or Post
Office (Fixed Deposit) rules 1968]; Special Deposit Scheme, 1981; and
Non- Resident (Non-repatriable) Rupee Deposit Scheme.
* Interest on 7% Capital Investment Bonds in the hands of individuals
and Hindu Undivided Family which are specified by the Central
Government before 1.6.2002 for this section.
* Interest on 10% Relief Bonds, in the case of an individual or Hindu
undivided family.
* Interest payable to any foreign bank performing central banking
functions outside India.
* Interest on notified bonds / debentures of a public sector company.
* Interest on securities held by the Welfare Commissioner, Bhopal Gas
50
Victims, Bhopal, or interest on deposits for the benefit of the victims

of the Bhopal gas leak disaster held in such account with the Reserve
Bank of India or with a public sector bank, as the Central Government
may, by notification in the Official Gazette, specify in this behalf.
* Interest on Gold Deposit Bonds issued under the Gold Deposit Scheme,
'99 notified by the Central Govt. or deposit certificates issued under
Gold Monetisation Scheme, 2015.
10(16) Education Scholarship:
Scholarship granted to meet the cost of education is exempt from tax.
10(17) Daily allowance of Members of Parliament:

is exempt from tax in respect of the following allowances.
(a) daily allowance received by any Member of Parliament or any State
Committee thereof.
(b) any allowance received by a Member of Parliament under the
Members of Parliament (Constituency Allowance) Rules, 1986 and
(c) any constituency allowance received by any person by reason of his
membership of any State Legislature under any Act or rules made by
that State Legislature.
10(17A) Awards:
The following awards, whether paid in cash or in kind, are exempt from
tax.
* Any payment made in pursuance of any award instituted in the public
interest by the Central Government or any State Government or
instituted by any other body and approved by the Central Government.
* Any payment made as reward by the Central Government or any
State Government for such purposes as may be approved by the
Central Government in this behalf in the public interest.
10(18) any income by way of -

(i) 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 gallantry
award as the Central Government may, by notification in the Official
Gazette, specify in this behalf;
51
(ii) family pension received by any member of the family of an individual

referred to in sub-clause (i).
10(19) Family pension received by the widow or children or nominated heirs, as the
case may be, of a member of the armed forces (including para - military
forces) of the union, where the death of such members has occurred in the
course of operational duties, in such circumstances and subject to such
conditions, as may be prescribed.
10 (26AAA) Any income which accrues or arises to an individual, being a Sikkimese,

(a) from any source in the state of Sikkim ; or
(b) by way of dividend or interest on securities.
Provided that nothing contained in this clause shall apply to a Sikkimese
woman, who marries an individual who is not a Sikkimese, on or after 1st
April, 2008.
For the purpose of this clause, "Sikkimese" shall mean -
(a) an individual whose name is recorded is the register maintained
under Sikkim Subjects Regulations, 1961
(b) any other individual, whose name does not appear in the register
but it is established beyond doubt that the name of such individual's
father or husband or paternal grandfather or brother from the same
father has been recorded in the register.
10(32) Income of Minor:

In case the income of an individual includes the income of his minor child
in terms of section 64(1A), such individual shall be entitled to exemption
of maximum ` 1,500/- in respect of each minor child.
Any income by way of dividends referred to in section 115-O.
10(34A) Any income arising to an assessee being a shareholder, on account of buy

back of shares by the company as referred to in section 115QA (Effective
from 1-6-2013).
Sec. 115QA: "Tax on Distributed Income".

The difference between the buy - back price and issue price of the
shares is called as "Distributed Income:". The company would be liable
52
to pay additional income-tax @ 20% of the distributed income paid to

the shareholder plus surcharge @ 12 % and education cess @ 3 %. The
additional income-tax payable by the company shall be the to dividend
distribution tax. The income arising to the shareholders in respect of such
buy back by the company would be exempt under section 10(34A) since the
company is liable to pay the additional income-tax on the buy-back of
shares.
10(37) In the case of an assessee, being an individual or a Hindu undivided

family, any income (long - term or short - term) chargeable under the
head "Capital gains" arising from the transfer of agricultural land, where-
(i) such urban land is situated in any area referred to in section 2(14).
(ii) such land, during the period of two years immediately preceding the
date of transfer, was being used for agricultural purposes by such
Hindu undivided family or individual or a parent of his ;
(iii) such transfer is by way of compulsory acquisition under any law, or a
transfer the consideration for which is determined or approved by the
Central Government or the Reserve Bank of India ;
(iv) such income has arisen from the compensation or consideration for
such transfer received by such assessee on or after 1.4.2004.
In other words the benefit of exemption would be available for
compensation received after 1.4.2004, irrespective of the date of
transfer, i.e. even if the land was compulsorily acquired prior to
1.4.2004 but initial payment and / or enhanced payment is received
on or after 1.4.2004, it will also be exempt from income tax.
Explanation - For the purposes of this clause, the expression
"compensation or consideration" includes the compensation or
consideration enhanced or further enhanced by any court, tribunal
or other authority.
10(43) Any amount received by an individual as a loan, either in lump sum or

in installment, in a transaction of reverse mortgage referred to in section
47(xvi).
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
53
Chairman or any other member or retired member of the Union Public

Service Commission.
10AA Tax holiday for newly established units in Special Economic Zones (SEZ)
Where an assessee begins to manufacture or produce articles or things or
provide any service on or after P.Y. 2006-2007 but upto P.Y. 2020 - 2021
in an unit set up in S.E.Z., a deduction of profits for 15 consecutive years
shall be provided as follows.
(1) 100% of profits derived from the export of such articles or things
or from services for 5 consecutive years beginning from the year in
which the unit begins to manufacture or produce or provide service.
(2) 50% of profits from the export of such articles or things or from
services for the next 5 years.
(3) 50 % of profits from such export for the next 5 years, provided the
profits are transferred to a special reserve called as “ Special
Economic Zone Re-investment Reserve Account” and are utilised for
the prescribed purposes.
Amount of exemption
Profits from business of the unit x
x 100 (for 1st 5 years)

AND x 50 % (for next 5 years)
AND x 50% (for next 5 years, subject to transfer to reserve.
Question
MNO Ltd. has one undertaking at Special Economic Zone (SEZ). Following are the details
given to you for the financial year 2020 -21.
Unit in SEZ
Total Sales 200 L
Export Sales 150 L
Net Profit 40 L
Compute the quantum of eligible deduction under section 10AA for the
A.Y. 2021 -22 in the following situations:
(i) If the unit was set up and began manufacturing from 25-07-2012
54
(ii) If the unit was set up and began manufacturing from 10-04-2016
Solution:
(i) If Unit in SEZ was set up and began manufacturing from 25-07-2012:
Since it is the 9th year of operation of the eligible unit, it shall be eligible for deduction
upto 50% of the profit of such unit, assuming all the other conditions specified in
section 10AA are fulfilled.
(ii) If Unit in SEZ was set up and began manufacturing from 10.04.2016 :
Since it is 5th year of operation of the eligible unit, it shall be eligible for deduction
upto 100% of profit of such unit.
55
INCOME UNDER THE HEAD

SALARIES
Introduction
The provisions pertaining to income under the head ‘Salaries’ are contained under sections
15, 16 and 17.
Section 15 Section 16 Section 17

Basis of Charge under Deductions available Meaning of Salary,
the head "Salaries" from income under the Perquisite and Profits in
head "Salaries" lieu of Salary
Basis of Charge - [Section 15]
As per the provisions of section 15, income under the head ‘Salaries’ consists of:
(a) any salary due from an employer (or a former employer) to an assessee in the previous
year, whether actually paid or not;
(b) any salary paid or allowed to him in the previous year by or on behalf of an employer
(or a former employer), though not due or before it became due; and any arrears of
salary paid or allowed to him in the previous year by or on behalf of an employer if
not charged to income-tax for any earlier previous year.
Note:
(1) In simple words, any ‘salary’ received or receivable by an employee from his employer
(or former employer) for services rendered, shall be charged to tax under the head
‘Salaries’ on due or receipt whichever is earlier basis.
Meaning of the term ‘salary’ for the purpose of Income Tax Act, 1961 is much wider
than what is normally understood as the term ‘salary’ is expressly defined u/s 17(1) to
include:
(i) wages;
(ii) annuity or pension;
(iii) gratuity;
56
(iv) fees, commission, perquisites and profits in lieu of salary;

(v) advance salary;
(vi) leave encashment;
(vii) the portion of the annual accretion in any previous year to the balance at the
credit of an employee participating in a recognised provident fund (RPF) to the
extent it is taxable and transferred balance in recognized provident fund to the
extent it is taxable; and
(viii) Any contribution made by the Central Government or any other employer to the
A/c of the employee participating in Notified Pension Scheme (NPS) as referred
u/s 80CCD.
Hence, in order to bring any income under the purview of this head it is not necessary
that such income shall be named as ‘salary’. What is important is that the income
is flowing to the payee due to employer-employee relationship (i.e. master-servant
relationship).
Employer-Employee Relationship:
The relationship of employer & employee is established through a contract ‘of’
service i.e. control & supervision over the activities of the payee (employee) vests
with the payer (employer).
Payer has a complete control over the payee as regards to what to do, when to do
and how to do and in such case, the payee is bound to follow such directions given
by the payer.
On the other hand, if the payee derives income from the payer through a contract
‘for’ service, then, such income cannot be treated as salary, however it is either taxed
under the head ‘PGBP’ or ‘Other Sources’ (as the case may be).
Contract ‘for’ service means there is no control or supervision by the payer over the
activities undertaken or performed by the payee.
In such case, the payee can only be told what is to be done. There can be no specific
instructions about how it is to be done. The payee shall complete the work granted
by using his own knowledge and skills.
Few examples where there is a contract for service are, doctor & patient; chartered
accountant & client; lawyer & client etc.
Further, not only the amount which is received but the amount which is receivable
by the employee from is employer is charged to tax under this head as it is taxed on
‘due or received whichever is earlier’ basis.
57
No double taxation - i.e. to say where any salary, paid in advance, is assessed in the
year of payment, it cannot be subsequently brought to tax in the year in which it
becomes due.
If the salary paid in arrears has already been assessed on due basis, the same
cannot be taxed again when it is paid.
For example:
If Mr. Gopal draws his salary in advance for the month of April, 2022 in the month
of March, 2022 itself, the same becomes chargeable on receipt basis and is to be
assessed as income of the P.Y. 2021-22 i.e. A.Y. 2022-23. However, the salary for the
P.Y. 2022-23 i.e. A.Y. 2023-24 shall not include the salary of April, 2022.
However, if the salary due for March, 2022 is received by Mr. Gopal later in the
month of April, 2022, then it is still chargeable as income of the P.Y. 2021-22 i.e. A.Y.
2022-23 on due basis. In such case, obviously the salary for the P.Y. 2022-23 i.e. A.Y.
2023-24 shall not include the salary of March, 2022.
Also, the employee may get the income from his employer in cash (monetary terms)
or in kind (non-monetary benefits).
Basic Salary, Bonus, Commission, Allowances etc. are few examples of monetary
payments made by the employer to the employee.
Housing Accommodation, Medical Facility, Domestic Servants etc. are few of the
examples of non-monetary benefits given by the employer to his employees.
(2) Employer may be an Individual, a HUF, a Partnership Firm, a Company, an AOP/BOI,

any Corporation, Central Government or any State Government, any Public Body or
a Local Authority.
Further, the employer may be in India or outside India.
Employee would always be an Individual who may be a full-time or a part-time employee.
(3) As per the provisions of section 9(1)(ii), salary earned in India (i.e. salary earned for
rendering services in India) is deemed to accrue or arise in India even if it is paid
outside India or it is paid or payable after the contract of employment in India
comes to an end.
If an employee is paid pension abroad in respect of services rendered in India, the
same will be deemed to accrue in India. Similarly, leave salary paid abroad in respect
of leave earned in India is deemed to accrue or arise in India.
Further, section 9(1)(iii) provides that salary payable by the Government to a citizen
58
of India for services rendered outside India shall be deemed to accrue or arise in
India.
However, any allowance or perquisites paid or allowed outside India by the
Government to a citizen of India for rendering services outside India shall be fully
exempt from tax u/s 10(7).
(4) Foregoing of salary:

Once the salary accrues to an employee, the subsequent waiver by such employee
does not absolve him from liability to income-tax. Such waiver is only an application
and hence, chargeable to tax.
For example:
Mr. Anil, an employee instructs his employer that he is not interested in receiving the
salary for May, 2021 and the same might be donated to a charitable institution.
In this case, Mr. Anil cannot claim that, he cannot be charged in respect of the salary
for May, 2021. It is only due to his instruction that the donation was made to a
charitable institution by his employer. It is only an application of income.
Hence, the salary for the month of May, 2021 shall be taxable in the hands of Mr.
Anil. He is however, entitled to claim a deduction u/s 80G for the amount donated
to the charitable institution. (Discussed in detail in ‘Chapter 10’ of this book).
(5) Surrender of salary:

Where an employee surrenders his salary to the Central Government u/s 2 of the
Voluntary Surrender of Salaries (Exemption from Taxation) Act, 1961, the salary so
surrendered would be exempt while computing his taxable income.
(6) Salary paid tax-free:

This, in other words, means that the employer bears the burden of the tax on the
salary of the employee. In such a case, the income from salaries in the hands of the
employee will consist of his salary income and also the tax on this salary paid by
the employer.
59
Statement showing Computation of Income under the head ‘Salaries

Particulars (`)
Basic Salary xx
Arrears of Salary xx
Advance Salary xx
Bonus/Ex-Gratia xx
Fees/Commission xx
Allowances xx
Perquisites xx
Retirement/Superannuation Benefits (Gratuity, Pension, Leave Salary etc.) xx
Other Payments (Retrenchment Compensation, VRS Compensation etc.) xx
GROSS TAXABLE SALARY XX
Less: Deductions u/s: 16(ia) –

Standard Deduction (xx)
16(ii) - Entertainment Allowance (xx)
16(iii) - Professional Tax Paid (xx)
NET TAXABLE SALARY (Income under the head ‘Salaries’) XX
Basic Salary
It is paid to an employee for his basic qualities such as educational qualification, work
experience, expertise in a particular field, nature of the job undertaken etc.
It is the purest form of salary given by the employer to the employee for the services
provided by the employee.
Gross Basic XX This amount is taxable head ‘Salaries’
Less: Deductions made by the (XX) For example:
employer out of the above PF Contribution, LIC Premium, Loan
salary Installment, Professional Tax, TDS, etc.
Net Basic XX This is the amount which the employee gets
in his hands i.e. ‘Take Home Pay’.
Arrears of Salary
If taxed earlier on due basis In any other case

↓ ↓
Not taxed again on receipt basis Taxable as income under the head
(i.e. to be ignored) ‘Salaries’ in the P.Y. in which it is received
60
Note:-
Where the question does not specify anything regarding the fact that whether arrears of
salary received during the current year were taxed earlier on due basis or not, the student
in such case should assume that such arrears wouldn’t have suffered tax in the earlier
years on due basis and accordingly the same shall be taxed on receipt basis. A suitable
note regarding such assumption shall be given in the solution by the student.
Advance Salary & Advance against Salary
Advance Salary:
Always taxable on receipt basis.
Advance Salary means that employee has
(Because, salary is taxable on due or
received salary well in advance before it has
receipt whichever is earlier basis).
actually been accrued or became due.
Note:
Advance salary which is taxed on
receipt basis, shall not be taxed again
when it actually becomes due.
Not Taxable
Advance against Salary:
(Because, such advance is not an
Advance against salary means that the employee
income).
has taken a loan against his future salary.
The same needs to be ignored.
Such loan is adjusted/deducted out of the future
salary payable to such employee.
In this case, full amount of salary (i.e. salary
before adjusting such loan) shall be taxable
in the hands of such employee because the
adjustment / deduction of loan from the salary
of such employee is considered to be application
of income.
Any Other Advance:

Not Taxable
It means that the employee has taken a loan
(Because, such advance is not an
from his employer. No adjustment from the
income).
future salary is done in this case.
The same needs to be ignored.
However, this loan is repaid by the employee
as and when he is in the capacity to repay such
loan.
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Relief u/s 89
Where an assesse is in receipt of a sum in the nature of arrears of salary or advance salary
in the current year and because of which his tax liability of the current year is assessed at
a rate higher on receipt basis compared to due basis, the following is the relief:
Steps under Rule 21A (2):
1. Total tax of current year (including arrears/advance)
2. Total tax of current year (excluding arrears/advance)
3. Difference of tax at STEP 1 - STEP 2
4. Total tax of earlier (arrears) year/future (advance) year
(Including arrears /advance)
5. Total tax of earlier (arrears) year/future (advance) year
(Excluding arrears/advance)
6. Difference of tax at STEP 4 - STEP 5
7. If difference of tax at STEP 3 is > difference of tax at STEP 6 then and only then
there is relief u/s 89 else no relief since assessee is in an advantageous position on
taxability on receipt basis.
Salary under the Grading System

The concept of salary under the grading system can be better understood by examples
as given below:
Example 1:
If Mr. Ramanujan joins the service on 01-06-2021. He is placed in the grade of ` 12,200-
300-17,400-500-19,400. This means that, he will get a basic salary of ` 12,200 p.m.
w.e.f. from 01-06-2021. He will get annual increment of ` 300 w.e.f. 01-06-2022 and
onwards till his salary reaches ` 17,400 p.m.. Thereafter, he will get an annual increment
of ` 500 till his salary reaches ` 19,400 p.m.. No further increment will be given thereafter
till he is placed in the higher grade.
Example 2:
Further, in certain cases, it may happen that he may join the service in a particular grade
but his salary is not fixed at the minimum amount of that grade but at any other amount
in that grade.
Say, Mr. Srinath joins the service on 01-06-2021 in the grade of ` 12,000-300-15,000-
500- 18,000, but his salary from the date of joining the service is fixed at ` 14,400 p.m.,
this means that he will get a basic salary of ` 14,400 p.m. from the date of joining & his
62
annual increment for the next two years from the date of joining shall be ` 300 (i.e. till he
reaches ` 15,000p.m.). Thereafter the annual increment shall be ` 500.
Salary Due or Received in Foreign Currency

If the salary is earned in foreign currency, it will be converted into rupees (INR) and
for the purpose of such conversion, the rate of exchange to be considered shall be the
telegraphic transfer buying rate (T.T.B.R.) of such foreign currency as on the last day of the
month immediately preceding the month in which such salary is due or is paid in advance
or in arrears.
Therefore, Bonus/Ex-Gratia
Received Outstanding / Receivable / Declared

↓ ↓
Fully taxable in the year of receipt Not Taxable (i.e. to be ignored)
Commission/Fees
Any extra payment made to an employee for some extra work done by him for his
employer is known as commission/fees.
Commission received or receivable by an employee can be
A fixed amount A fixed percentage of some amount

(i.e. ` p.m.) (i.e. % of the turnover oprofits)
Allowances
↓ ↓
Fully taxable under the head ‘Salaries’ Fully taxable under the head ‘Salaries’
Allowances
Any fixed quantity of money or any other substance given regularly by an employer to his
employee in addition to his basic salary:
• to meet some particular requirement related to the employment (i.e. to meet any
expense which is to be incurred in the course of doing his official duties), or
• to meet employee’s personal expenses, or
• as a compensation for unusual or extra ordinary conditions of the employment.
63
Types of Allowances
Fully Taxable Allowances Partly Taxable Allowances Fully Exempt Allowances
(Note 6)
(1) Dearness Allowance (1) House Rent Allowance (1) Allowances to High
(Note 1) (HRA) (Note 3) Court Judges
(2) Entertainment (2) Special Allowances (2) Allowance paid by
Allowance which are exempt: the United Nations
(Note 2) (a) on the basis of Organization
(3) Medical Allowance amount spent for (3) Compensatory
(4) City Compensatory official purpose Allowance received by
Allowance (Note 4) judges
(5) Servant Allowance (b) to the extent of limits (4) Sumptuary allowance
(6) Tiffin/Lunch prescribed under the granted to High Court
Allowance Income Tax Rules, or Supreme Court
(7) Overtime Allowance 1962 (Note 5) Judges
(8) Family Allowance (5) Allowance granted
(9) Project Allowance to Government
(10) Any Other Cash employees outside
Allowance India
Note:
No exemption shall be
available from these
allowances i.e. these
allowances are fully
taxable.
Further, any expenditure
incurred out of such
allowances shall also be
ignored.
Note:
(1) Dearness Allowance (D.A.):
Along with the basic salary; employees are normally given an additional amount
which is called Dearness Allowance.
This is given to an employee to compensate him for the increased cost of living i.e.
inflation. It is linked with the Consumer Price Index (CPI), and is paid to employee on
64
the basis of certain percentage of his basic salary and is always fully taxable just
like the basic salary.
Dearness Allowance
provided in terms of not provided in terms of

employment employment
i.e. D.A. forming part of i.e. D.A. not forming part
salary while calculating of salary while calculating
retirement / other benefits retirement/other benefits
↓ ↓
Fully taxable under the Fully taxable under the
head ‘Salaries’ head ‘Salaries’
(2) Entertainment Allowance (E.A.):

It is given to an employee to meet the expenditure on entertaining guests of the
employer or to meet expenses of the hospitality of business customers/clients.
For Entertainment Allowance, no exemption is given under the Income Tax Act, 1961
instead, it is fully taxable and forms part of the gross taxable salary.
However, deduction u/s 16(ii) is given from the gross taxable salary in the case of
government employees only.
Entertainment Allowance received or receivable by a
Government Employee Non-Government Employee

↓
Fully taxable
Fully taxable Deduction u/s 16(ii) shall be least ↓
of the following: No deduction u/s 16(ii)
(a) 1/5th of Basic Salary
b) Actual Amount Received
(c) Maximum ` 5,000
65
Note:
(a) Amount actually expended towards the entertainment out of the entertainment
allowance is not taken into consideration i.e. it is to be ignored while calculating the
amount of deduction u/s 16(ii).
(b) Deduction u/s 16(ii) is permissible even if the amount received as entertainment
allowance is not proved to have been spent.
(3) House Rent Allowance (HRA):

This allowance is given by the employer to his employee to meet the rental expenses
of his residential accommodation.
HRA received or receivable by the employee is an income for the employee chargeable
to tax under the head ‘Salaries’.
However, the employee can claim exemption u/s 10(13A) to the extent of least of the
following:
(a) HRA actually received
(b) 50% of Salary** (if rent is paid in Mumbai, Chennai, Delhi, Kolkata); or
40% of Salary** (if rent is paid in places other than Mumbai, Chennai, Delhi,
Kolkata)
(c) Rent Paid (-) 10% of Salary**
Note:
(a) **Salary = Basic + D.A. (in terms) + Turnover Commission
Salary for the purpose of exemption u/s 10(13A) shall be of the period during which
rental accommodation is occupied by the employee in the P.Y. i.e. the period during
which the employee has incurred the rental expenditure.
(b) Exemption u/s 10(13A) shall be available to the employee only if he does not stay
in his own house and he is incurring expenditure towards rent and the rent paid in
respect of his rental accommodation exceeds 10% of his salary.
In other words, no exemption u/s 10(13A) shall be available if:
(i) the employee has not paid any rent; or
(ii) the employee stays in his own house; or
(iii) the rent paid by the employee for his residential accommodation is not more
than 10% of his salary.
(c) HRA exemption u/s 10(13) is dependent on:
(i) Actual Amount of HRA Received by the employee
(ii) Rent paid by the employee
66
(iii) Salary of the employee

(iv) Location of the residence of the employee
If all the above factors remain constant throughout the P.Y., then exemption
shall be computed and allowed on an annual basis.
However, if any of the above factors change during the P.Y., then the exemption shall
be computed and allowed on a monthly basis.
(d) Circular No. - 8/2013, Dated - 10/10/2013:
It is mandatory for the employee to report the PAN of the landlord to the employer
if rent paid during the P.Y. is more than `. 1,00,000.
(4) Allowances exempt u/s 10(14) based on amount actually spent for official purpose:
1) Travelling Allowance If the full amount is spent officially by
(2) Daily Allowance the employee for the said purposes then,
(3) Conveyance Allowance such allowance shall be fully exempt
(a) Motor Car Allowance u/s 10(14).
(b) Petrol Allowance However, if the allowance is not spent
(c) Diesel Allowance fully by the employee for the said
(d) Scooter Allowance purposes then, such allowance shall
(4) Academic/Research Allowance be exempt u/s 10(14) to the extent it is
(5) Helper Allowance spent and whatever remains unspent
(6) Uniform Allowance becomes taxable.
Note:
If the question does not specify the amount spent out of the allowance received then
the allowance will be fully exempt u/s 10(14) assuming that it is fully used for official
purpose.
A suitable note in this regard needs to be given in the solution.
(5) Allowances Exempt u/s 10(14) to the extent of limits prescribed under Rule 2BB of the
Income Tax Rules, 1962:
Children Education - This allowance is given to an employee to meet the cost
Allowance of education of his/her children.
- It is exempt upto maximum ` 100 p.m. per child
(Exemption is allowed for maximum 2 children)
67
Note:
Children may include adopted or step children but
shall not include grandchildren. Children can be any
two children and there is no condition that it has to be
first two
children.
Children Hostel - This allowance is given to the employee to meet the
Expenditure cost of any hostel in which his children are studying.
Allowance - It is exempt upto maximum ` 300 p.m. per child
(Exemption is allowed for maximum 2 children)
Note:
Children may include adopted or step children but
shall not include grandchildren. Children can be any
two children and there is no condition that it has to be
first two
children.
Outstation or - This allowance is granted to an employee of transport
Running Allowance sector undertaking to meet his personal expenses in
the course of running the transport conveyance of the
employer from one place to another.
- Exempt upto least of the following amounts:
(a) 70% of the Amount Received; or
(b) Maximum ` 10,000 p.m.
Note:
(a) Outstation Allowance shall be exempt only if the
employee is not in receipt of Daily Allowance.
(b) If Outstation Allowance is given to any employee
other than the employee of transport undertaking
then the same will be fully taxable.
Commutation - This allowance is granted to an employee to meet his
or Transport expenditure on commuting between the place of his
Allowance residence and the place of his duty.
- Exemption is maximum ` 3,200 p.m. (In case of Handicap
Employees only)
68
Underground Area - This allowance is given to the employees working in

or Mining Area mines or any other uncongenial unnatural climatic
Allowance conditions which are underground.
- Exemption is maximum ` 800 p.m.
Tribal Area or - This allowance is given to the employee to meet the
Schedule Area additional cost that he/she will have to incur while he/
or Agency Area she is posted to any tribal/scheduled area.
Allowance - Normally, this allowance is given in the states of Madhya
Pradesh, Uttar Pradesh, Tamil Nadu, Karnataka, Tripura,
Assam, West Bengal, Orissa, and Bihar.
- Exemption is maximum ` 200 p.m.
Hill Compensatory - This allowance is granted to the members of armed
Allowance forces operating in hilly areas.
- Exemption is maximum ` 300 p.m. (if the place is located
at a height of 1,000 meters or more above the sea level).
- Exemption is maximum ` 800 p.m. (in certain specified
areas depending upon the height of the area from the
sea level).
- Exemption is maximum ` 7,000 p.m. (in the Siachen
area of Jammu & Kashmir).
High Altitude - This allowance is granted to the members of armed
Allowance forces operating in high altitude areas.
- Exemption is maximum ` 1,060 p.m. (for altitude of
9,000 to 15,000 feet).
- Exemption is maximum ` 1,600 p.m. (for altitude above
15,000 feet).
Highly Active Field - This allowance is granted to the members of armed
Area Allowance forces.
- Exemption is maximum ` 4,200 p.m.
Island Duty - This allowance is granted to the members of armed
Allowance forces in Andaman & Nikobar and Lakshadweep group
of Island.
69
Border Area or - This Allowance is given to the members of armed forces

Remote Locality or posted in the border/remote/difficult/disturbed areas.
Difficult Area or - The exemption may be ` 1,300 p.m. or ` 1,100 p.m. or
Disturbed Area ` 1,050 p.m. or ` 750 p.m. or ` 300 p.m. or ` 200 p.m.
Allowance depending upon the area of posting.
Counter Insurgency - This Allowance is granted to the members of armed
Allowance forces operating in any area away from the permanent
locations for a period of more than 30 days.
Note:
If this exemption is taken, employee cannot take the
exemption
in respect of border area allowance.
Compensatory Field - This Allowance is granted to the members of armed
Area Allowance forces.
Note:
If this exemption is taken, employee cannot take the
exemption
in respect of border area allowance.
C o m p e n s a t o r y - This Allowance is granted to the members of armed
Modified Field Area forces.
Allowance - Exemption is maximum ` 1,000 p.m.
Note:
If exemption is taken, employee cannot take the
exemption in respect of border area allowance.
Note:
Any expenditure incurred with respect to above allowances shall not be
considered i.e. to be ignored as the amount of exemption u/s 10(14) in respect
of such allowances is not dependent on amount spent but it is determined with
regard to the limits prescribed as above in Rule 2BB of the Income Tax Rules,
1962.
(6) Fully Exempt Allowances:

(a) All allowances received by Judges of High Court/Supreme Court.
(b) Allowances received by the employees of United Nations Organisation (UNO).
70
(c) Compensatory allowance received by judges.

(d) Sumptuary allowance given to High Court and Supreme Court Judges.
(e) Allowances & perquisites paid or allowed outside India by the Government
to the citizen of India for services rendered outside India (Foreign Allowances &
Perquisites) are fully exempt u/s 10(7).
Standard Deduction
A standard deduction u/s 16(ia) shall also be allowed from the income chargeable to tax
under the head ‘Salaries’.
Such standard deduction is least of the following:
(a) ` 50,000 (Finance Act’ 2019 Amendment); or
(b) Gross Taxable Salary
Professional Tax
Article 276 of the Constitution of India gives the power to the State Governments to charge
tax on any profession or employment which is known as Professional Tax or Employment
Tax.
The same is allowed as a deduction u/s 16(iii) on payment basis only.
Where the Professional Tax is paid
by the Employee by the Employer on behalf of the Employee

↓ ↓
1 Effect 2 Effects
↓
Deduction u/s 16(iii) Fully taxable as Perquisite Deduction u/s 16(iii)
Retirement/Superannuation Benefits Gratuity

It is a gratuitous payment made by an employer to his employee as an appreciation of
services rendered in the past. Payment of gratuity is normally made when an employee
retires from the organisation or if the employee dies then its payment is made to employee’s
legal heirs/nominees.
71
Tax treatment of gratuity in different situations:
Gratuity received or receivable
While in Service by the Employer on behalf of the Employee

↓
Fully taxable Non-Government Employee Government Employee
Covered by Payment Not covered by Payment

of Gratuity Act, 1972 of Gratuity Act, 1972
Exemption u/s 10(10) shall be least of the Exemption u/s 10(10) shall be least of
following: the following:
(a) Gratuity actually received (a) Gratuity actually received or
or receivable receivable
(b) Maximum ` 20,00,000 u/s 10(10) (b) Maximum ` 20,00,000 u/s
(c) 15
/26 (x) Last Drawn Salary p.m. 10(10)
(x) No. of years of service (c) /30 (x) Average Salary p.m. (x)
15
 Last Drawn Salary p.m.: No. of

[Basic Salary (+) D.A.] of the completed years of service
month immediately preceding to  Average Salary p.m.:
the month of retirement. [Basic Salary (+) D.A. (in terms)
(+) Turnover Commission] for 10
months immediately preceding
to the month of retirement (÷)
10 months
 No. of years of service:  No. of completed years of service:
It means no. of completed years of It means no. of completed years
service and any part of the year in of service (fraction of the year
excess of 6 months shall be taken shall be ignored even if it is more
as a full year. than 6 months).
72
Note:
(1) Where the gratuity is received from 2 or more employers in the same year then
aggregate amount of gratuity exempt from tax cannot exceed ` 20,00,000.
Also, where the gratuity is received in any earlier year from former employer and
again received from another employer in a later year, the limit of ` 20,00,000 shall
be reduced by the amount of gratuity exempt earlier.
(2) The exemption in respect of gratuities would be available even if the gratuity is
received by the widow, children or dependents of a deceased employee.
(3) Gratuity paid to the legal heir/nominee of the employee after the death of the
employee:
Gratuity becomes due before the death of employee, & paid to legal heir/nominee
after the death of the employee shall be taxable in the hands of the employee on
due basis.
Since income under the head ‘Salaries’ is taxed on due or receipt whichever is
earlier basis. Not taxable in hands of legal heir/nominee on receipt basis because
it gets taxed in the hands of the employee. The taxable amount of gratuity shall be
calculated after allowing exemptions as discussed above. However, the amount of
tax, if any, on the taxable amount of gratuity shall be recovered from the legal heir/
nominee out of the estate transferred by the deceased employee to such legal heir/
nominee.
Gratuity neither becomes due in the hands of the employee nor it is received by the
employee while he/she is alive, shall not be taxable in the hands of employee.
Since the amount of gratuity never gets due in the hands of the employee nor the
employee receives such gratuity. Further, gratuity is received by the legal heir/
nominee after the death of employee, but the same is not taxable for the legal heir/
nominee also because it is treated as a capital receipt in their hands.
Pension
It is the amount received or receivable by an employee from his employer after his
employment has come to an end.
Normally, it is as a periodic payment made by the Government or a company or other
employers to the employee in consideration of past services, payable after his retirement.
73
NON COMMUTED COMMUTED Sec 10(10A)

(PERIODIC) (LUMPSUM)
Fully taxable in the Govt. employee [Central Non-Govt. employee

hands of all employees Govt., state Govt, local
i.e. Govt. as well as authority & statutory
non-Govt. employees corporation employees] Total Commuted
Value [T.C.V.]:-
Fully exempt u/s 10(10A)
Amt. received upon commutation

% Commuted
Received Gratuity Does not Receive

upon retirement Gratuity upon
retirement
1/3 of T.C.V. is 1/2 of T.C.V. is

Exempt u/s 10(10A) exempt u/s 10(10A)
Note:
(1) Fully Commuted Pension:
It is the amount of commuted pension which the employee would have received
if he would have commuted the pension fully (i.e. amount of commuted pension
receivable on 100% commutation of the monthly pension).
(2) It is not necessary that the employee always commutes whole of the monthly
pension, if the employee commutes only a part of the monthly pension then the
remaining part will be periodically received by him as uncommuted pension.
(3) Any commuted pension received by an individual out of the annuity plan of the Life
Insurance Corporation (LIC) from a fund set up by LIC shall be fully exempt. However,
any pension received by the assessee from any life insurer on maturity of life
insurance policy on a monthly basis is fully taxable under the head ‘Other Sources’.
74
(4) Pension received by a recipient of gallantry awards:

Any income by way of pension received by an individual who has been awarded
Param Vir Chakra or Maha Vir Chakra/Vir Chakra or Such other gallantry award as
the Central Government may, by notification in the Official Gazette specify in this
behalf shall be fully exempt u/s 10(18) in the hands of such individual.
Further, in case of death of the awardee, any family pension received by any
member of the family of such awardee shall also be exempt from tax u/s 10(18).
(5) Family Pension received by the widow/children/nominee of the members of armed forces:
Where the death of any member of the armed forces has occurred in the course of
operational duties in certain specified circumstances, then, the amount of family
pension received by the widow/children/nominee of such member shall be fully
exempt u/s 10(19) in the hands of such widow/children/nominee.
(6) Pension received or receivable by the family members after the death of the
employee in every other case; also known as family pension is taxable under the head
‘Other Sources’ as per the provisions of section 56(1) for such family member.
However, a standard deduction u/s 57 shall be allowed to the extent of least of the following:
(a) 1/3rd of such family pension; or Maximum ` 15,000
Leave Salary/Leave Encashment

As per the service rules (employment rules), an employee is allowed to have certain paid
leaves (i.e. leave without any salary deduction) from his employer.
It may happen that the employee does not avail all the paid leaves which are allowed to
him by his employer. In such scenario, the employee has leave accumulated to his credit
(i.e. excess of leave allowed over leave availed).
Further, as per the service rules it may happen that, the leaves standing to the credit of
the employee:
(a) would lapse; or
(b) to be encashed while he is in service; or
(c) to be carried-forward and accumulated till his employment with the employer.
If the said leave credit lapses then there is no tax effect. However, if the employee goes for
encashment of this leave credit by surrendering it then the amount received or receivable
by him from his employer is known as leave salary/leave encashment.
75
Tax treatment of leave salary/leave encashment in the different situations:
Note:
(1) Average Salary p.m.:
[Basic Salary (+) D.A. (in terms) (+) Turnover Commission] for 10 months immediately
preceding the date of retirement (÷) 10 months
(2) Leave Credit:
If the leave allowed as per service rules by the employer is more than 30 days in a
year then for the purpose of computation of exemption u/s 10(10AA); leave credit
is to be calculated on the basis of maximum 30 days leave for every completed year of
service.
However, if the leave allowed as per service rules by the employer is less than 30
days in a year then for the purpose of computation of exemption u/s 10(10AA); leave
credit has to be calculated on the basis of such lower number of days leaves for every
completed year of service.
(3) Where the leave salary is received from 2 or more employers in the same year then
aggregate amount of leave salary exempt from tax cannot exceed `. 3,00,000.
Also, where the leave salary is received in any earlier year from former employer
and again received from another employer in a later year, the limit of `. 3,00,000,
shall be reduced by the amount of leave salary exempt earlier.
(4) Leave salary received or receivable by the legal heir/nominee of a deceased employee
on the death of such employee is a capital receipt which is not taxable in the hands
of such legal heir/nominee.
76
Provident Fund
Provident Fund is a scheme which gives financial security and substantial benefits to an
employee at the time of his retirement.
As per the provident fund scheme, a specified sum is deducted from employee’s salary
as his contribution towards the fund and deposited to his provident fund account on a
periodic basis.
The employer also contributes a specified sum in the said account out of his pocket
(generally a same amount as that of employee’s contribution).
The contributions made by the employee & the employer to this fund are then invested in
approved securities.
Interest is earned thereon which is credited to the employee’s provident fund account on
a regular basis.
Thus, the credit balance in a provident fund account of an employee consists of the
following amounts:
(a) Employee’s Contribution
(b) Interest on Employee’s Contribution
(c) Employer’s Contribution
(d) Interest on Employer’s Contribution
The accumulated credit balance in provident fund account is paid to the employee at the
time of his retirement or separation. However, in the case of death of the employee, such
accumulated balance is paid to employee’s legal heir/nominee.
The above concept of provident fund can be understood by way of the following diagram:
77
Further, there are three types of provident funds, normally known as employees’ provident
funds:
(1) Statutory Provident Fund (SPF):

SPF is a fund which is set up and maintained by the government as per the provisions
of Provident Fund Act, 1925.
It is applicable to the employees of government, semi-government organisations,
local authorities, railways, universities and all recognized educational institutions.
(2) Recognised Provident Fund (RPF):

Recognised provident fund means a provident fund recognised by the Commissioner
of Income Tax (CIT) for the purposes of income tax. It is governed by Part A of Schedule
IV to the Income Tax Act, 1961. This schedule contains various rules regarding:
(a)
Recognition of the fund
(b) Employee’s and Employer’s contribution to the fund
(c) Treatment of accumulated balance etc.
A fund constituted under the Employees’ Provident Fund and Miscellaneous Provisions
Act, 1952 shall also be a Recognised Provident Fund. As per the provisions of Employees’
Provident Funds & Miscellaneous Provisions Act, 1952, RPF is applicable to establishments
where 20 or more employees are employed at any time during the period of preceding
12 months. Establishments with less than 20 employees can also set up such fund, if all
the employees have given consent to it. The fund is normally maintained by the Central
Government and all the monies are to be deposited by the employer with the Central
Government on or before the prescribed due dates. However, if employer has 100 or more
employees then the employer can himself maintain the provident fund with the consent
of all employees. Further, this fund should be approved by the PF Commissioner as well
as the Commissioner of Income Tax for making contributions by the employees.
(3) Unrecognised Provident Fund (UPF):

A fund which is not recognised by the Commissioner of Income Tax is known as
Unrecognised Provident Fund (UPF).
78
Tax treatment of different amounts based on the type of provident fund

Particulars SPF RPF UPF
Employee’s Deduction u/s 80C Deduction u/s 80C () Deduction u/s 80C ()
Contribution ()
Note:
Employee’s Contribution to any provident fund is always out of his salary which has
already suffered tax. Hence, the same is not to be considered separately once again
under the head ‘Salaries’ for the purpose of taxability i.e. the same is to be ignored
while computing income under the ‘Salaries’.
Employer’s Fully exempt Exempt to the extent of Fully exempt in the year
Contribution in the year of least of the following: of contribution
contribution (a) 12% of **Salary; or
(b) Amount of actual
contribution by the
employer
**Salary = Basic (+)

D.A. (in terms)
(+) Turnover
Commission
Note:
Salary shall be
calculated for such
period for which
the employee was
employed during
the previous year.
Interest Fully exempt u/s Exempt to the extent of Fully exempt in the
Credited 10(11) in the year least of the following: year of credit to the PF
of credit to the PF (a) Amount of Interest Account *
Account computed @ 9.5%
rate of interest; or
(b) Amount of actual
interest credited to
the RPF account*
79
* Note: If on or after 1-4-2021 if employee’s contribution exceeds

2,50,000 into such fund, then interest on such contribution will not
be exempt
Lumpsum Fully exempt u/s Fully exempt u/s 10(12) Taxable in the following
Received 10(11) provided that: manner:
(a) the employee has (a) Employer’s
rendered continuous Contribution &
service of five years Interest thereon
or more before is fully taxable as
his retirement / income under the
separation head ‘Salaries’
(b)
if not, then (b) Interest on
termination of Employee’s
the service is due Contribution is
to ill health or taxable as income
discontinuance of under the head
business of employer ‘Other Sources’
or any other reason E m p l o y e e ’ s
which is beyond Contribution
the control of the (c) is not taxable
employee. as the same money
on termination of the which was
employment, the invested out o f
employee obtains the past salary
(c) employment of the employee
elsewhere and the is coming back.
balance in the RPF Hence, the same
A/c maintained by needs to be
the old employer is ignored
transferred to RPF
A/c maintained by
such new employer.
80
(d) The entire balance

standing to the
credit of the
employee in his RPF
A/c is transferred
to his NPS A/c as
referred to in section
80CCD.
Note:
If the employee is not
covered under any of
the above situations,
then, the lumpsum
shall be deemed to
have been received
or receivable out
of the UPF account
and shall be taxed
accordingly.
81
Approved Superannuation Fund (ASAF)

It is the fund maintained by the employer for the timely payment of pension to the
employees. The same needs to be approved by the Commissioner of Income Tax.
Tax treatment of the various amounts in case of ASAF:

Particulars Tax Treatment
Employee’s Contribution to ASAF A/c Deduction u/s 80C ()
Employer’s Contribution to ASAF A/c - upto ` 1,50,000 p.a. - Exempt in the
hands of the employee
- in excess of ` 1,50,000 p.a. - Taxable as
perquisite under the head ‘Salaries’
Interest Credited to ASAF A/c Fully exempt
Lumpsum received from ASAF A/c Fully exempt u/s 10(13) - (Refer Note below)
Note:
Any payment received by any employee from an ASAF shall not be included in his total
income if the payment is made:
(a) on the death of the beneficiary;
(b) to the 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;
(c) by way of refund of contribution on the death of beneficiary;
(d) by way of transfer to the account of the employee under a pension scheme notified
u/s 80CCD i.e. Notified Pension Scheme (NPS).
The amount or the aggregate of amounts of any contribution made to the account of
assessee by the employer –
(a) In a recognised provident fund
(b) Under pension scheme [which is entitled to deduction u/s 80CCD(2) employer’s
contribution].
(c) To an approved superannuation fund.
The sum total of above, if the total exceeds 7,50,000, the excess will be taxable u/s 17(2)
(vii).
The excess which is taxable u/s 17(2)(vii), any interest etc. in relation to above, will be
taxable u/s 17(2)(viia).
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Retrenchment Compensation
Retrenchment compensation means the compensation paid under Industrial Disputes
Act, 1947 or under any other Act, Rule, Order or Notification issued under any law to
an employee or workman on termination, transfer of employment or closing down of an
undertaking.
It may be noted that compensation on account of termination and due to modification in
terms and conditions of employment would be taxable as ‘profits in lieu of salary’.
However, Retrenchment compensation shall be exempt u/s 10(10B), subject to least of following:
(a) Amount received or receivable on retrenchment; or
(b) Maximum Amount u/s 10(10B) i.e. ` 5,00,000; or
(c) Amount as per the Industrial Disputes Act, 1947.
[15/26 (x) Average Pay (x) No. of years of service]
The aforesaid limits would not be applicable if the compensation is paid in accordance
with any scheme, which is approved by the Central Government for giving special protection
to workmen under certain circumstances. In such case the compensation shall be fully
exempt.
Note:
(1) Average Pay:
Average pay means average of the wages payable to a workman:
- in the case of monthly paid workman, in the 3 complete calendar months,
- in the case of weekly paid workman, in the 4 calendar weeks,
- in the case of daily paid workman, in the 12 full working weeks,
preceding the date on which the average pay becomes payable, if the workman had
worked for 3 complete calendar months or 4 complete weeks or 12 full working days, as
the case may be, and where such calculation cannot be made, the average pay shall be
calculated as the average of the wages payable to a workman during the period he has
actually worked.
**Wages: = BS + DA (Both) [in terms + Not in terms]
(2) No. of years of service:

It means no. of completed years of service and any part of the year in excess of 6
months shall be taken as a full year.
83
Voluntary Retirement Scheme (VRS) Compensation

If the employee takes retirement before his scheduled date of retirement then it is called
voluntary retirement.
Some huge organisations or government enterprises normally come up with a scheme
of voluntary retirement (also known as ‘Golden Handshake scheme’) wherein, in order
to cut down on the increasing employee costs, the employees are given an option to
retire voluntarily in consideration of a handsome lumpsum payment known as VRS
compensation.
Such lumpsum payment received or receivable by an employee at the time of voluntary
retirement would be taxable as ‘profits in lieu of salary’.
However, such VRS Compensation would be exempt u/s 10(10C) to the extent of least of the
following:
Least of following:
(a) Last drawn Salary** p.m. (×) 3 (×) No. of completed years of service or
(b) Last drawn Salary** p.m. (×) No. of balance months of service
(c) Amount Received or Receivable on Voluntary Retirement; or
(d) Maximum Amount u/s 10(10C) i.e. ` 5,00,000
Perquisites
Meaning
 Perquisite means any additional personal benefits given by any employer to his
employees.
In other words, perquisites are:
- personal benefits;
- in addition to normal salary to which the employee has a right by virtue of his
employment.
 Perquisites may be provided in cash or in kind.
 Further, they may be provided free of cost or at a concessional rate.
 Also, they may or may not be given on a regular basis.
 It is pertinent to note that, if such personal benefits arise in the course of
employment, only then they are chargeable to tax under the head ‘Salaries’.
However, if such personal benefits arise in the course of business or profession
or otherwise then, they are chargeable under the head ‘PGBP’ or ‘Other Sources’
(as the case may be).
 Perquisite shall become taxable only if it has a legal origin. An unauthorized advantage
84
taken by an employee without his employer’s sanction cannot be considered as a

perquisite under the Income Tax Act, 1961.
For example:
Suppose Mr. Vinit, an employee, was given a house by his employer. On 31.03.2021, he
is terminated from the services. However, he continues to occupy the house without the
permission of the employer for six more months after which he is evicted by the employer.
The question arises whether the value of the benefit enjoyed by him during such six
months period can be considered as a perquisite and be charged to tax under the head
‘Salaries’.
It cannot be done since the relationship of employer-employee ceased to exist after
31.03.2021. However, the definition of income is wide enough to bring the value of such
benefit enjoyed by Mr. Vinit to tax as Income from ‘Other Sources’.
Perquisite under the Income Tax Act, 1961 - [Section 17 (2)]

Based on the definition provided u/s 17(2), perquisites can be classified in the following
manner:
(I) Perquisites Taxable in case of ‘All Employees’

(1) Value of rent-free accommodation provided to the assessee by his employer -
[Section 17(2)(i)].
(2) Value of any concession in the matter of rent in respect of any accommodation
provided to the assessee by his employer - [Section 17(2)(ii)].
(3)
Any sum paid by the employer in respect of any obligation which, but for such
payment, would have been payable by the assessee - [Section 17(2)(iv)].
(4)
Any sum payable by the employer whether directly or through a fund, other than
a recognised provident fund or an 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 - [Section 17(2)(v)].
(5)
Value of any specified security or sweat equity shares allowed or transferred directly
85
or indirectly by the employer or former employer free of cost or at concessional

rate to the assessee - [Section 17(2)(vi)].
(6) Contribution to an approved superannuation fund (ASAF) by the employer in
respect of the assessee, in excess of ` 1,50,000 - [Section 17(2)(vii)].
(7)
Value of any other fringe benefit or amenity as may be prescribed by the CBDT -
[Section 17(2)(viii)].
Rule 3(7) prescribes the following benefits or amenity taxable in case of all the employee:
- Interest free or concessional loan
- Travelling, touring and accommodation
- Free or concessional food and non-alcoholic beverages
- Gift, voucher or token in lieu of such gift
- Credit card expenses
- Club expenditure
- Use of movable assets
- Transfer of movable assets
- Any other benefit or amenity
(II) Perquisites Taxable only in the hands of ‘Specified Employees’

Sometimes instead of discharging employee’s obligation, employer provides
perquisites in the form of facility to the employee. Such perquisites are taxable in
the hands of specified employees only.
The value of any benefit or amenity granted or provided free of cost or at concessional
rate shall be taxable in the hands of specified employees.
Specified Employees:
(a) by a company to an employee, who is a director thereof;
(b) by a company to an employee being a person who has a substantial interest in
the company;
A person is said to have substantial interest in the company, if he is a
beneficial owner of equity shares carrying 20% or more voting rights.
(c) by any employer (including a company) to an employee to whom the provisions
of clause (a) & (b) do not apply and whose net cash salary exceeds `. 50,000.
For computing net cash salary of ` 50,000, the following are excluded or deducted:
- all non-monetary benefits;
- monetary benefits which are exempt u/s 10 (for example, HRA or education
86
allowance or hostel allowance are not to be included to the extent to which

they are exempt u/s 10); and
- deductions u/s 16.
Note:
- If an employee is employed with more than one employer then, aggregate
of salary received from all the employers is to be taken into account for
determining the above ceiling limit of ` 50,000.
Followings are the examples of such facilities which are taxable in the hands of specified
employees as per section 17(2)(iii):
(i) Provision of sweeper, gardener, watchman or personal attendant

(ii) Facility of use of gas, electricity or water supplied by employer
(iii) Use of motor car
(iv) Free or concessional educational facilities
(v) Free or concessional tickets
(III) Exempt Perquisites

(1) Expenses on telephone/mobile phones of the employees.
(2) Conveyance facility provided to cover the journey between office and residence.
(3) Actual travelling expenses paid/reimbursed by the employer for journeys undertaken
by employees for business purposes.
(4) Free or concessional tickets (i.e. transport facility) provided by an employer engaged
in the business of carrying of passengers or goods to his employees either free of
charge or at concessional rate.
(5) Privilege passes and privilege ticket orders granted by Indian Railways to its employees
i.e. Travelling facility to employees of airlines.
(6) Perquisites allowed outside India by the Government to a citizen of India for rendering
services outside India
(7) Employer’s contribution to staff group insurance scheme (i.e. group insurance premium).
87
(8) Payment of annual premium by employer on personal accident policy taken by him in
respect of his employee.
(9) Refreshment provided to all employees during working hours in office premises.
(10) Subsidized lunch or dinner provided to an employee.
(11) Recreational facilities (including club facilities) extended to employees in general i.e.
not restricted to a few select employees;
(12) Amount spent on training of employees or for refresher management course.
(13) Sum payable by an employer to a RPF or an approved superannuation fund or

deposit-linked insurance fund established under the Coal Mines Provident Fund or
the Employees’ Provident Fund and Miscellaneous Provisions Act;
(14) Leave travel concession/assistance (LTC/LTA) subject to conditions.
(15) Medical facility subject to certain conditions.
(16) Computer/laptops given (providing only use of computer/laptops, ownership is

retained by the employer) to an employee for official/personal use.
(17) Provisioning of periodicals and journals required for discharge of work.
(18) Hotel Accommodation on transfer of an employee not exceeding 15 days in aggregate.
(19) Transfer without consideration of movable asset (other than computers, electronic gadgets
and motor cars) by the employer after using it for 10 years or more.
Valuation of Perquisites
The perquisites as stated above in section 17(2) and their valuation is discussed in detail
hereafter.
Accommodation Facility - [Section 17(2)(i) & 17(2)(ii) r.w. Rule 3(1)]
Accommodation
Sec. 17(2)(i) & Sec. 17(2)(ii) - Accomodation provided by employer Formula
88
Value of accommodation xxx

Add: Furnishing charges, if any xx
→ Owned by employer:
10% p.a. of original Cost
→ Hired by employer:
Actual hire charges paid by employer xxx
Less: Recovery from employee (xx)
Taxable perquisite value xxx
Note:
(1) Salary includes pay, allowances, bonus or commission payable monthly or
otherwise or any monetary payment, by whatever name called, from one or more
employers, as the case may be.
However, it does not include the following:
- DA (not in terms)
- employer’s contribution to provident funds
- value of perquisites (monetary as well as non-monetary)
- exempt portion of allowances
- lumpsum payments received at the time of retirement
Salary is to be taken on due basis i.e. salary accrued for the period for which
the accommodation is occupied by the employee shall be considered whether
or not received by the employee during such period. Hence, any advance salary
89
received during such period is not to be included.

Further, salary from all the employers in respect of such period shall be taken into
consideration.
(2) Hotel Accommodation on transfer of the employee
- Expenses on hotel accommodation incurred by the employer or reimbursed by

the employer to the employee while the employee is on official tour, shall not be
taxable in the hands of the employee i.e. the TVOP = NIL.
- However, expenses on hotel accommodation incurred by the employer or
reimbursed by the employer to the employee while the employee is on a
vacation/personal tour, shall be fully taxable in the hands of the employee.
TVOP = Expenses on hotel accommodation incurred/reimbursed by the employer

Less: Amount recovered from the employee (if any)
(3) Double Accommodation on transfer of the employee
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(4) The above valuation rules do not apply in a case where the accommodation is
provided by the employer to the employees working at mining site, off-shore site,
dam site, on-shore oil exploration site, project execution site, power generation
site,
- if such accommodation is of temporary nature
- having area < 800 sq. ft.;
and is located in an area which is away from the local limits of the municipality by
8 kms. or more; or in a remote area i.e. an area which is located at least 40 kms.
away from a town having a population not exceeding 20,000.
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Motor Car Facility - [Section 17(2)(iii) r.w. Rule 3(2)]

Part – I : Motor car owned by the employee
(A) Expenses met by the Employee: Not a perquisite. Hence, the same needs to be
ignored.
(B) Expenses met by the Employer:
(a) Motor car is used for official purpose Not Taxable (Note 1)
only i.e. TVOP = NIL
(b) Motor car is used for TVOP = Actual expense met by the
personal purpose only employer Less: Amount recovered
from the employee (if any)
(c) Motor car is used partly for official TVOP = Actual expenses met by the
purpose & partly for personal purpose employer
Less: Amount recovered from the
employee (if any)
Less: Exempt Amount
[` 1,800 p.m. if engine capacity is ≤ 1600cc
(+) ` 900 p.m. if chauffer (driver) is also
provided] [`2,400 p.m. if engine capacity
is > 1600cc (+) ` 900 p.m. if chauffer
(driver) is also
provided]
Part – II : Motor car owned by the employer or taken on hire by the employer
(A) Expenses met by the Employer:
(a) Motor car is used for official purpose Not Taxable (Note 1)
only i.e. TVOP = NIL
(b) Motor car is used for personal TVOP = Actual expenses met by the
purpose only employer Add: 10% p.a. of the Actual
cost of the motor car OR Hire charges of
the motor car (as the
case may be)
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(c) Motor car is used partly for official TVOP = [` 1,800 p.m. if engine capacity is
purpose & partly for personal purpose ≤ 1600cc (+) ` 900 p.m. if chauffer (driver)
is also provided]
[`2,400 p.m. if engine capacity is > 1600cc
provided]
Note:
Amount (if any); recovered from the
employee towards this perquisite shall
be ignored.
(B) Expenses met by the Employee:
(a) Motor car is used for Not a perquisite. Hence, the same needs
official purpose only to be ignored.
(b) Motor car is used for personal TVOP = 10% p.a. of the actual cost of the
purpose only motor car OR Actual hire charges of the
motor car (as the case may be)
Add: Chauffer’s (Driver’s) Salary (if paid
or reimbursed by the employer)
Less: Amount recovered from the employee
(if any)
(c) Motor car is used partly for official TVOP = [` 600 p.m. if engine capacity is
purpose & partly for personal purpose ≤ 1600cc (+) ` 900 p.m. if chauffer (driver)
is also provided]
[`. 900 p.m. if engine capacity is > 1600cc
provided]
Note:
Amount (if any); recovered from the
employee towards this perquisite shall
be ignored.
93
94
Part – III : Any other automotive owned by the employee

Expenses met by the Employer:
(a) Automotive is used for official Not Taxable (Note 1)
purpose only i.e. TVOP = NIL
(b) Automotive is used for personal TVOP = Actual e x p e n s e
purpose only met by the
employer
Less: Amount recovered from the
employee (if any)
(c) Automotive is used partly for official TVOP = Actual expenses employer
purpose & partly for personal purpose Less: Amount recovered employee (if
any)
Less: Exempt Amount
i.e. `. 900 p.m.
Note:
(1) Conditions to be satisfied if the motor car or automotive is claimed to have been
used for official purpose:
(a) Employer has maintained complete details of the journeys undertaken for official
purpose like date of journey, destination, mileage, and the amount of expenditure
incurred thereon (i.e. log book is maintained).
(b) Employer gives a certificate to the effect that the expenditure was incurred wholly &
exclusively in performance of the official duties.
(2) If the employee has been given the facility of more than one motor car (pool of cars):
Any one motor car Taxable value of such motor car to be determined as
if such motor car is used for partly official & partly
personal purpose – [i.e. as per Part II (A) (c)]
Remaining motor cars Taxable value of such motor cars to be determined as if
such motor cars are used for personal purpose only – [i.e.
as per Part II (A) (b)]
Conveyance facility provided by the employer to his employees to cover the journey
between office and residence is not chargeable to tax i.e. its value is fully exempt
from tax.
95
Provisioning of Domestic Servants - [Section 17(2)(iii) r.w. Rule 3(3)]

TVOP = Cost to the employer i.e. salary paid or payable by the employer or a n y
other person on his behalf to the domestic servants
Less: Amount recovered from the employee for such facility (if any)
Note:
(1) Domestic Servants = Gardener, Sweeper, Watchman, Personal Attendant etc.
(2) If the employer, instead of providing the facility of domestic servants as above,
reimburses the cost incurred by the employee for engaging the domestic servants
then the amount of reimbursement by the employer to the employee shall be fully
taxable in the hands of all types of employees.
If Domestic Servant Allowance is granted to the employee, then it will be fully taxable.
It is taxable even if the amount is actually used by the employee to engage domestic
servants.
Provisioning of Gas/Electricity/Water - [Section 17(2)(iii) r.w. Rule 3(4)]
Note:
If the employer, instead of providing the facility as above, reimburses the cost incurred
by the employee on gas/electricity/water or makes the payment of gas/electricity/water
bills, then, amount of such reimbursement or payment shall be fully taxable in the hands
of all types of employees.
Free or Concessional Education Facility - [Section 17(2)(iii) r.w. Rule 3(5)]

Where the education facility is provided by the employer:
(A) In an institution which is owned & maintained by the employer OR in an institution
where the employer has arrangements:
(a) to the children of the employee:
96
TVOP = Reasonable cost of education in a similar institute in or nearby the same

locality
Note:
There would be no perquisite in the hands of the employee if such reasonable cost is upto
` 1,000 p.m.p.c. (i.e. not taxable if the value does not exceed ` 1,000 p.m. per child)
Therefore, if such reasonable cost exceeds ` 1,000 p.m.p.c. then the value in excess of `
1,000 p.m.p.c. shall be treated as taxable value of this perquisite.
Alternatively, if such reasonable cost exceeds ` 1,000 p.m.p.c. then, whole of such
reasonable cost shall be taxable.
Both the views expressed as above are correct, however, the students are advised to give
a suitable note in the solution.
(b) to any other member of the household of the employee:

TVOP = Reasonable cost of education in a similar institute in or nearby the
same locality
Note:
There would be no exemption with regard to the above benefit in the hands of the
employee (i.e. the value of this benefit is fully taxable in the hands of the employee).
(B) In any other institution:

To any member of the household of the employee (including employee’s children):
TVOP = Amount of expenditure actually incurred by the employer on
education or Amount reimbursed by the employer (as the case may be)

Note:
There would be no exemption with regard to the above benefit in the hands of the
employee (i.e. the value of this benefit is fully taxable in the hands of the employee).
Note:
(1) ‘Members of the household’ of the employee shall include employee’s spouse, brother,
sister, grandchildren, etc.
(2) The amount of scholarship granted by the employer to employee’s children is fully
97
exempt u/s 10(16) in the hands of the employee i.e. not taxable.
(3) The amount spent on training of employees or for refresher management course by the
employer is not taxable in the hands of the employee.
(4) Cost of periodicals and journals incurred by the employer, which is required by the
employee for the discharge of official work shall not be taxable in the hands of the
employee.
Free or Concessional Tickets (i.e. Transport Facility) - [Section 17(2)(iii) r.w. Rule 3(6)] The value
of any benefit or amenity resulting from the provision by an employer who is engaged in the
carriage of passengers or goods, to any employee or to any member of
his household for personal or private journey free of cost or at concessional fare, in any
conveyance owned, leased or made available by any other arrangement by such
employer, shall be taxable in the hands of the employee.
TVOP = Value at which the employer offers such benefit to the general public
Note:
Nothing is chargeable to tax in the hands of employees of Railways/Airlines if such facility
is provided to them by their employers i.e. the TVOP in such cases shall be NIL.
Obligation of the Employee Met by the Employer - [Section 17(2)(iv)]
TVOP = Amount paid by the employer in respect of any obligation which

otherwise would have been payable by the employee
Note:
Any tax borne by the employer on non-monetary perquisites of the employee is a perquisite in
the hands of the employee and the same is fully exempt u/s 10(10CC).
Further, as per the provisions of section 40(a)(v), this amount shall not be allowed as deduction
to the employer while determining his income chargeable to tax under the head ‘PGBP’.
Amount Payable by an Employer to effect an Assurance on the Life of the Employee or to effect
a Contract of Annuity - [Section 17(2)(v)]
TVOP = Amount so payable by the employer directly or indirectly; to effect an

assurance on the life of the employee or to effect a contract of annuity
98
Note:
Nothing would be taxable in the hands of the employee if the employer makes any
contribution/payment towards the following:
(1) Recognised Provident Fund (to the extent of 12% of employee’s salary)
(2) Statutory Provident Fund
(3) Unrecognised Provident Fund
(4) Approved Super Annuation Fund (upto `. 1,50,000 p.a.)
(5) Deposit-linked insurance fund established under the Coal Mines Provident Fu n d
or Employees’ Provident Fund and Miscellaneous Provisions Act.
(6) Group Annuity/Insurance Scheme
(7) Employee State Insurance Scheme
(8) Fidelity Guarantee Scheme
Specified Securities or Sweat Equity Shares allotted Free of Cost or at Concessional Price -
[Section 17(2)(vi) r.w. Rule 3(8) & 3(9)]
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 price to
the employee shall be taxable in the hands of such employee.
The taxable value of this benefit shall be computed in the following manner:
TVOP = FMV of such specified security or sweat equity shares as on the date of
exercise of option
Less: Amount recovered from the employee (i.e. the exercise price)
Note:
(1) Though the taxable value of this perquisite is determined on the basis of FMV as on
the date of exercise of option by the employee, but the value so determined shall be
taxable only in the previous year in which such specified security or sweat equity shares
were allotted to the employee.
(2) Further, as per the provisions of section 49(2AA), the cost of acquisition (COA) of
such specified security or sweat equity shares shall be the FMV of such securities or
sweat equity shares as on the date of exercise of option which has been taken into
account for the purpose of valuation of perquisite u/s 17(2)(vi).
Other Prescribed Fringe Benefits or Amenities - [Section 17(2)(viii) r.w. Rule 3(7)(i) to (ix)]
Section 17(2)(viii) provides that the value of any other fringe benefit or amenity as may
99
be prescribed shall be taxable in the hands of all employees.

Accordingly, following other fringe benefits or amenities are prescribed and the value
thereof shall be determined in the manner provided under rule 3(7)(i) to (ix):
Interest-free Loans or Loans at Concessional Rate of Interest (i.e. Interest Benefit) - [Section
17(2)(viii) r.w. Rule 3(7)(i)]
The value of the benefit to the assessee resulting from the provision of interest-free or
concessional loan for any purpose made available to the employee or any member of his
household during the relevant previous year by the employer or any person on his behalf
shall be chargeable to tax in the hands of the employee.
The taxable value of this benefit shall be computed in the following manner:
Step 1 Calculate maximum monthly outstanding balance of loan as on the last day of
each month.
Step 2 Ascertain the SBI’s prime lending rates as on the 1st day of relevant previous
year in respect of the same type of loan and calculate the amount of interest
for each month of the previous year on the maximum monthly outstanding
balance of loan by applying SBI’s prime lending rates.
Step 3 Ascertain the actual rate of interest charged by the employer on such loan
and calculate the actual amount of interest for each month of the previous
year on the maximum monthly outstanding balance of loan by applying
actual rate of interest.
Step 4 TVOP = Interest computed at Step 2 (–) Interest computed at Step 3
Note:
(1) If the employee takes loan upto `. 20,000 in aggregate during the previous year from the
employer, then interest benefit thereon shall not be taxable i.e. TVOP shall be NIL.
(2) If the loan is made available to the employee for the medical treatment of any diseases
specified in Rule 3A (like cancer, tuberculosis, etc.), then interest benefit on such loan
shall not be taxable (this is irrespective of the amount of loan)
i.e. TVOP in such case shall be NIL.
However, if the employee gets the reimbursement in respect of such treatment under
any medical insurance scheme/policy or from his employer, then, interest benefit shall
be calculated & shall also be charged to tax in respect of the amount of loan to the extent
of such reimbursement.
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Travelling, Touring & Accommodation Facility - [Section 17(2)

(viii) r.w. Rule 3(7)(ii)]

Note:
(1) If the employee is on official tour and the employer incurs expenses on travelling,
touring & accommodation for the employee as well as for any member of his
household accompanying him, then, the amount of total expenditure incurred by
the employer on such facility shall be taxable in the hands of the employee on a
proportionate basis.
(2) If the official tour is extended as a vacation, then, the value of benefit taxable in
the hands of the employee shall be limited to the expenses incurred during such
extended period of stay or vacation.
(3) If the employee is on a personal tour along with members of his household and
expenses on travelling, touring & accommodation are incurred by the employer or
reimbursed by the employer to the employee, then, the benefit arising therefrom
shall be fully taxable in the hands of the employee.
Free or Concessional Food and Non-Alcoholic Beverages - [Section 17(2)(viii) r.w. Rule 3(7)(iii)]
Meals or non-alcoholic beverages provided during working hours or extended

working hours
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Note:
(1) Refreshments (tea, coffee, snacks etc.) provided by the employer to the employees
during working hours shall be fully exempt in the hands of the employee i.e. TVOP
= NIL.
(2) Lunch/Dinner/Food Allowance given by the employer to the employees shall be fully
taxable in the hands of the employee.
Gift or Vouchers/Tokens in lieu of Gift - [Section 17(2)(viii) r.w. Rule 3(7)(iv)]

Gift received by the employee or any member of his household on any ceremonial
occasions or otherwise from the employer
Note:
If the aggregate value of the gift in kind i.e. vouchers/tokens in lieu of gift during the
previous year exceeds ` 5,000, then, the amount in excess of ` 5,000 shall be taxable in
the hands of the employee.
Alternatively, if the aggregate value of the gift in kind i.e. vouchers/tokens in lieu of gift
during the previous year exceeds ` 5,000, then, the whole of the amount of gift may be
taxable in the hands of the employee.
Both the views as expressed above are correct, however, the students are advised to
give a suitable note in their solution.
Credit Card Expenses - [Section 17(2)(viii) r.w. Rule 3(7)(v)]

TVOP = Amount of expenses (including membership fees and annual fees) incurred by
the employee or any member of his household, which is charged to a credit
card (including any add-on-card) provided by the employer, or otherwise,
paid for or reimbursed by such employer
Less: Expenses incurred wholly and exclusively for official purposes (Refer Note
Below)
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Note:
Complete details in respect of such expenditure is to be maintained by the employer
which may include date & amount of expenditure, nature of expenditure etc. and the
employer gives a certificate for such expenditure to the effect that the same was incurred
wholly & exclusively for the performance of official duties.
Club Facility - [Section 17(2)(viii) r.w. Rule 3(7)(vi)]

TVOP = Any Payment or Reimbursement by the employer of any expenditure incurred
(including the amount of annual or periodical fee) in a club by the employee or
any member of employee’s household
Less: Expenditure incurred wholly and exclusively for business purposes (Refer Note
1) Less: Amount recovered from the employee (if any)
Note:
(1) Expenses on club facility used for official purpose is to be deducted only if the
employer maintains complete details in respect of such expenditure and employer
gives a certificate for such expenditure to the effect that the same was incurred
wholly & exclusively for the performance of official duties.
(2) There would be no perquisite for use of health club, sports and similar facilities
provided uniformly to all employees by the employer.
(3) Where the employer has obtained corporate membership of the club and the facility
is enjoyed by the employee or any member of his household, the value of perquisite
shall not include the initial fee paid for acquiring such corporate membership.
Use of Movable Assets - [Section 17(2)(viii) r.w. Rule 3(7)(vii)]

Value of perquisite for use of any movable asset belonging to the employer shall be determined
as under:
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Transfer (Sale) of Movable Assets - [Section 17(2)(viii) r.w. Rule 3(7)(viii)]

TVOP = Actual Cost of the Movable Asset to the Employer
Less: Deduction for normal wear & tear (i.e. depreciation) (Refer Note 1)
Less: Amount Recovered from the employee (i.e. Selling Price of the Movable Asset)
Note:
(1) Normal wear & tear (i.e. depreciation) in case of movable asset being
(2) Normal wear & tear (i.e. depreciation) is deductible only

(3) for completed year of use
of the asset by the employer in his business before its transfer/sale to the employee.
Further, the amount towards normal wear & tear is to be reduced only if after
purchasing the asset and before its transfer to the employee, the employer has used
such asset for the purpose of business/profession.
(4) ‘Electronic Gadgets’ means data storage & handling devices like computers, laptops,
mobile phones, digital diaries, printers, fax, EPBAX machines etc.
Household appliances (i.e. white goods) like fridge, air conditioner, washing machine,
microwave oven, mixer grinder etc. are not treated as electronic gadgets.
(5) Transfer without consideration of movable asset (other than computers, electronic
gadgets and motor cars) by the employer after using it for 10 years or more shall not
be treated as a perquisite in the hands of the employee.
Any Other Benefit/Amenity/Service/Right/Privilege - [Section 17(2)(viii) r.w. Rule 3(7)(ix)]

TVOP = Cost to the employer under arm’s length transaction
Note:
There will be no taxable perquisite in respect of expenses on telephones including mobile
phone actually incurred on behalf of the employee by the employer i.e. if an employer
pays or reimburses telephone bills or mobile phone charges of employee, there will be
no taxable perquisite i.e. TVOP in such case shall be taken to be NIL.
104
Medical Facility or Reimbursement of Medical Expenses - [Proviso to Section 17(2)] Medical

facility or re imbursement of medical expenses for treatment of any patient done
Note:
(1) The term ‘hospital’ includes nursing home, clinic, dispensary etc.
(2) ‘Patient’ for the purpose of this perquisite shall be the employee himself/herself,
employee’s spouse, children, dependent brother, sister & parents.
However, if the employer grants such benefit for any person other than specified above
then, the same shall be fully taxable in the hands of the employee.
(3) Cost of stay & Cost travel met by the employer or reimbursed by the employer shall
be exempted in the manner prescribed as above for the patient plus one attendant.
(4) Any premium on medical insurance policy of the employee or any of his family
members paid or reimbursed by the employer, shall be fully exempt in the hands of
the employee.
Further, the employee cannot claim deduction u/s 80D in respect of such premium out
of his gross total income.
Family members for the purpose of this benefit shall include employee’s spouse,
children, dependent brother, sister & parents.
(5) Payment of premium on personal accident insurance/group mediclaim insurance
policies:
An employer takes personal accident insurance/group insurance policies on the lives
of employees and pays premium thereon.
In such case, no immediate benefit becomes payable to the employee but such
benefit normally accrues at a future date only if certain events take place. Moreover,
105
the employers take such policies in their business interest only, so as to indemnify
themselves from payment of any compensation.
Therefore, the premium so paid by the employer on such policies shall not constitute
a taxable perquisite in the hands of the employees.
(6) Life insurance premium of the employee or any of the family member of the employee
paid by the employer shall be fully taxable in the hands of the employee. Further, the
employee can also claim deduction u/s 80C in respect of such premium out of his gross
total income subject to certain conditions.
(7) Medical Allowance granted to the employee by the employer shall be fully taxable
Leave Travel Concession/Assistance/Facility - [LTC/LTA]

An amount/assistance/facility provided by the employer to the employees and his family
members in connection with his proceeding on leave to any place in or outside India, before
or after retirement/termination from the service is known as LTC/LTA.
This benefit is exempt in the hands of the employee u/s 10(5) r.w. Rule 2B provided it is given
in respect of any journey performed in India.
The amount of exemption u/s 10(5) shall be determined in the following manner:
106
However, the amounts as prescribed above shall be restricted to the extent of amount
actually spent by the employee i.e. the amount of exemption u/s 10(5) cannot exceed the
amount spent actually by the employee on such journey.
Note:
(1) Expenses reimbursed by the employer other than fare (like boarding/lodging etc.) is fully
taxable.
(2) If the LTC/LTA is given for a journey performed outside India, then the benefit arising
therefrom shall not be exempted u/s 10(5) i.e. such benefit is fully taxable in the hands
of the employee.
(3) Family for the purpose of LTC/LTA exemption shall be:
- Spouse of the employee;
- Children of the employee (including a step child or an adopted child); and
- Dependent - Brothers, Sisters & Parents of the employee.
(4) Exemption u/s 10(5) is allowed in respect of maximum 2 children born at any time on or
after 01-10-1998.
For children born prior to 01-10-1998, there is no such restriction.
However, multiple births after the first child will be considered as a single child.
(5) Further, the exemption u/s 10(5) shall be available in respect of 2 LTAs/LTCs in the
block of 4 calendar years commencing from the calendar year 1986.
Where such LTC/LTA is not availed by the individual during any block of 4 calendar
years, one such unavailed LTC/LTA shall be carried over to the immediately succeeding
block and shall be eligible for exemption in such next block.
However, this carried over LTC/LTA needs to be availed in the first calendar year of the
next block itself or else the same shall lapse.
The now block of 4 years would be [18,19,20,21].
(i) Because of Covid pandemic from 12-10-20 to 31-3-21 whatever L.T.A. / L.T.C.
amount is received from employer, it will be reduced by “specified expenditure”
incurred by employee, and balance will be taxable.
(ii) Specified expenditure means amount spent by employees for procurement of
goods / services (liable for G.S.T. @12% or more), by way of A/c payee cheque
etc.
(iii) The amount of expenditure to be deducted from L.T.A. received is least of:
(i) 1/3rd of total specified expenditure
Or
(ii) Maximum of 36,000 per person
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Profits in Lieu of Salary - [Section 17(3)]

Profits in lieu of salary means payments made to an employee in lieu of or in addition to
the salary. These are as follows:
(1) Compensation for loss of employment or modification of the employment terms of
employment:
Compensation for loss of employment or modification of terms of employment is
generally treated as a capital receipt. But by virtue of section 17(3), any compensation
due to or received by an assessee from his employer or former employer at or in
connection with the termination of his employment or modification of terms of
employment is taxable as profit in lieu of salary. It is taxable on "due" or "receipt"
whichever is earlier basis.
Note:
It is to be noted that merely because a payment is made by an employer to a
person who is his employee does not automatically fall within the scope of the
above provisions. The payment must be arising due to master-servant relationship
between the payer and the payee. If it is not on that account, but due to considerations
totally unconnected with employment, such payment is not profit in lieu of salary.
(2) Payment from provident fund or other fund:

Any payment due to or received by an assessee from his employer or former employer
from a provident or other fund other than:
• Gratuity [exempted u/s 10(10)]
• Pension [exempted u/s 10(10A)]
• Compensation received by a workman under the Industrial Disputes Act, 1947
[exempted u/s 10(10B)]
• Lumpsum from statutory provident fund or public provident fund [exempted
u/s 10(11)]
• Lumpsum from recognized provident fund [exempted u/s 10(12)]
• Lumpsum from approved superannuation fund [exempted u/s 10(13)]
• to the extent to which it does not consist of employee’s contributions or interest
on such contributions.
Note:
If any sum is paid to an employee at the time of maturity from an unrecognised
provident fund (UPF) it is to be dealt with as follows:
(a) that part of the sum which represents the employer’s contribution to UPF and
interest thereon is taxable under the head ‘Salaries’.
108
(b) that part of the sum which represents employee’s contribution to UPF and
interest thereon is not chargeable to tax again because the same have already
been taxed under the head ‘Salaries’ and ‘Other Sources’ respectively.
(3) Payment under Keyman Insurance Policy:

Any sum received by the assessee under the keyman insurance policy (including the
sum allocated by way of bonus on such policy) is taxable as ‘profits in lieu of salary’
under the head ‘Salaries’ if the same is not taxable under the head ‘PGBP’ or ‘Other
Sources’.
(4) Lumpsum Payment or Otherwise:

Any amount, whether in lumpsum or otherwise, due to the assessee or received by
him, from any person
(a) before joining employment with that person, or
(b) after cessation of his employment with that person.
shall be taxable as ‘profits in lieu of salary’ under the head ‘Salaries’
109
CLASSWORK PROBLEMS
“Unless specifically mentioned, the provisions of section 115BAC is not to be considered."

Question 1
Mr Narendra Modi of Mumbai is employed in XYZ Ltd since 2010. For the Previous year
2021-2022 he had following salary particulars
Basic Salary – ` 45,000pm
Dearness allowance (entering into retirement benefits) – ` 3,000pm Dearness allowance
(not entering into retirement benefits) - ` 2,000pm Bonus due – 85,000.
Commission based on percentage of turnover - ` 40,000 Commission based on percentage
of Net Profit - ` 50,000
Uniform allowance - ` 2,500pm (Actual expenses on purchase of uniform amounts to
` 22,500)
Children Education Allowance – ` 240pm for 3 children (Actual Expenses on Education
Amounts to ` 40,000)
Transport Allowance – ` 1,450pm upto December 2021. From January 2022 it was
increased to ` 2,100pm. (Actual expenses on commutation amounts to ` 10,000) House
Rent Allowance received – ` 20,000pm (Rent paid ` 23,000pm)
Project Allowance ` 2,000pm (Actual Expenses amounts to ` 15,000)
Entertainment Allowance ` 700pm (Actual Expenses on entertaining office visitors
` 12,000)
Professional Tax paid during PY 2021 - 2022 For PY 2020 – 2021 – ` 3,000
For PY 2021 – 2022 - ` 2,000
Compute income from salary for PY 2021 – 2022.
Question 2
Mr. Sai, an employee furnished the following particulars for the previous year ending
31.3.2022
`
(a) Salary income as computed (after all deduction) for the year 6,70,000
(b) During the year arrears of salary were received (not included in 90,000
the above) which relate to financial year 2011-12
(c) Assessed income of financial year 2011-12 4,85,000
110
You are requested to compute relief u/s 89 in terms of tax payable. The rates for the
Assessment Year 2012-13 are:
0 - 1,80,000 NIL
1,80,001 to 5,00,000 10%
5,00,001 to 8,00,000 20%
Above Rs. 8,00,000 30%
Surcharge NIL, Education cess 3%.
Question 3
Compute the taxable value of the perquisite in respect of medical facilities received by Mr.
G from his employer during the P.Y. 2021-22:
Medical premium paid for insuring health of Mr. G 7,000
Treatment of Mr. G by his family doctor 5,000
Treatment of Mrs. G in a Government hospital 25,000
Treatment of Mr. G’s grandfather in a private clinic 12,000
Treatment of Mr. G’s mother (68 years and dependant) by family doctor 8,000
Treatment of Mr. G’s sister (dependant) in a nursing home 3,000
Treatment of Mr. G’s brother (independent) 6,000
Treatment of Mr. G’s father (75 years and dependant) abroad 50,000
Expenses of staying abroad of the patient and 30,000
Limit specified by RBI 75,000
Question 4
Mr. Mohit is employed with XY Ltd. on a basic salary of ` 10,000 p.m. He is also entitled
to dearness allowance @ 100% of basic salary, 50% of which is included in salary as
per terms of employment. The company gives him house rent allowance of ` 6,000 p.m.
which was increased to ` 7,000 p.m. with effect from 1.01.2022. He also got an increment
of ` 1,000 p.m. in his basic salary with effect from 01.02.2022. Rent paid by him during
the previous year 2021-22 is as under:
April and May, 2021 - Nil, as he stayed with his parents
June to October, 2021 - ` 6,000 p.m. for an
accommodation in Ghaziabad
November, 2021 to March, 2022 - ` 8,000 p.m. for an accommodation in
Delhi.
Compute his gross salary for assessment year 2022-23.
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Question 5
Mr. Sagar retired on 01.10.2021 receiving ` 5,000 p.m. as pension. On 1.2.2022, he
commuted 60% of his pension and received ` 3,00,000 as commuted pension. You are
required to compute his taxable pension assuming:
a. He is a government employee.
b. He is a non-government employee, receiving gratuity of ` 5,00,000 at the time of
retirement.
c. He is a non-government employee and is not in receipt of gratuity at the time of
retirement.
Question 6
Mr. Ravi retired on 15.06.2021 after completion of 26 years 8 months of service and
received gratuity of ` 6,00,000. At the time of retirement, his salary was:
Basic Salary : ` 5,000 p.m.
Dearness Allowance : ` 3,000 p.m. (60% of which is for retirement benefits)
Commission : 1% of turnover (turnover in the last 12 months was
`12,00,000)
Bonus : ` 12,000 p.a. Compute his taxable gratuity assuming:
(a) He is non-government employee and covered by the Payment of Gratuity Act
1972.
(b) He is non-government employee and not covered by Payment of Gratuity Act
1972.
(c) He is a Government employee
Question 7
Mr. Gupta retired on 01.12.2021 after 20 years 10 months of service, receiving leave
salary of ` 5,00,000. Other details of his salary income are:
Basic Salary : ` 5,000 p.m. (` 1,000 was increased w.e.f.
01.04.2021)
Dearness Allowance : ` 3,000 p.m. (60% of which is for retirement
benefits) Commission : ` 500 p.m.
Bonus : ` 1,000 p.m.
Leave availed during service : 480 days (480/ 30 days of a month i.e. 16 mths
availed)
He was entitled to 40 days leave every year.
You are required to compute his taxable leave salary assuming:
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(a) He is a government employee.

(b) He is a non-government employee.
Question 8
Mr. Garg received retrenchment compensation of ` 10,00,000 after 30 years 4 months of
service. At the time of retrenchment, he was drawing basic salary
` 20,000 p.m.; dearness allowance ` 5,000 p.m. Compute his taxable retrenchment
compensation.
Question 9
Mr. Dutta received voluntary retirement compensation of ` 7,00,000 after 30 years 4
months of service. He still has 6 years of service left. At the time of voluntary retirement,
he was drawing basic salary ` 20,000 p.m.; Dearness allowance (which forms part of pay)
` 5,000 p.m. Compute his taxable voluntary retirement compensation, assuming that he
does not claim any relief under section 89.
Question 10
From the following details, find out the salary chargeable to tax for the A.Y. 2022-23: Mr.
X is a regular employee of Rama & Co., in Gurgaon. He was appointed on 01.01.2021 in
the scale of ` 20,000 - ` 1,000 - ` 30,000. He is paid 10% D.A. & Bonus equivalent to one
month pay based on salary of March every year. He contributes 15% of his pay and D.A.
towards his recognized provident fund and the company contributes the same amount.
He is provided free housing facility which has been taken on rent by the company at
` 10,000 per month. He is also provided with following facilities:
(i) Facility of laptop costing ` 50,000.
(ii) Company reimbursed the medical treatment bill of his brother of ` 25,000, who is
dependent on him.
(iii) The monthly salary of ` 1,000 of a house keeper is reimbursed by the company.
(iv) A gift voucher of ` 10,000 on the occasion of his marriage anniversary.
(v) Conveyance allowance of ` 1,000 per month is given by the company towards actual
reimbursement.
(vi) He is provided personal accident policy for which premium of ` 5,000 is paid by the
company.
(vii) He is getting telephone allowance @ ` 500 per month.
(viii) Company pays medical insurance premium of his family of ` 10,000
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Question 11
Mr. X retired from the services of M/s Y Ltd. on 31.01.2022, after completing service of
30 years and one month. He had joined the company on 1.1.1990 at the age of 30 years
and received the following on his retirement:
(i) Gratuity ` 6,00,000. He was covered under the Payment of Gratuity Act, 1972.
(ii) Leave encashment of ` 3,30,000 for 330 days leave balance in his account. He was
credited 30 days leave for each completed year of service.
(iii) As per the scheme of the company, has was offered a car which was purchased on
30.01.2019 by the company for ` 5,00,000. Company has recovered ` 2,00,000 from
his for the car. Company depreciates the vehicles at the rate of 15% on Straight Line
Method.
(iv) An amount of ` 3,00,000 as commutation of pension for 2/3 of his pension
commutation.
(v) Company presented him a gift voucher worth ` 6,000 on his retirement.
(vi) His colleagues also gifted him a Television (LCD) worth ` 50,000 from their own
contribution.
Following are the other particulars:

(i) He has drawn a basic salary of ` 20,000 and 50% dearness allowance per month for
the period from 01.04.2021 to 31.01.2022.
(ii) Received pension of ` 5,000 per month for the period 01.02.2022 to 31.03.2022
after commutation of pension.
Compute his gross total income from the above for Assessment Year 2022-23.
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CLASSWORK SOLUTIONS
Answer 2
Mr Sai
Computation of relief under section 89 for A.Y 2022-23

Step 1: Actual income for PY 21-22 6,70,000
Add: Arrears of salary for PY 11-12 90,000
TOTAL INCOME 7,60,000
Basic tax (as per slab rates for AY 22-23) 64,500
Add: Health & Education cess @ 4% 2,580
Tax at (A) 67,080
Tax at (B) 48,360
Step 3: Tax at (A) - Tax at (B) (C) 18,720
Add: Arrears of salary for PY 11-12 90,000
TOTAL INCOME 5,75,000
Add: Education cess @ 3% 1,410
Tax at (D) 48,410
Basic tax (as per slab rates for A.Y. 12–13) 30,500
Add : Education Cess @ 3% 915
Tax at (E) 31,415
Step 6: Tax at (D) - Tax at (E) (F) 16,995
Step 7: Relief u/s. 89 1,725
If C > F, Relief = C - F [18,720 (-) 16,995]
If C < = F, Relief = NIL
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COMPUTATION OF TAX PAYABLE FOR A.Y. 2022-23
Total income(including arrears) ` 7,60,000

Basic Tax ` 64,500
Add: Health & Education cess @ 4% ` 2,580
` 67,080
Less: Relief u/s 89 (` 1,725)
TAX PAYABLE ` 65,355
Answer 5
(a) He is a government employee.
Uncommuted pension received (October – March) ` 24,000
[(` 5,000 × 4 months) + (40% of ` 5,000 × 2 months)]
Commuted pension received ` 3,00,000
Less : Exempt u/s 10(10A) ` 3,00,000 NIL
Taxable pension ` 24,000
(b) He is non - government employee, receiving gratuity ` 5,00,000 at the time of retirement.
[(` 5,000 × 4 months) + (40% of ` 5,000 × 2 months)] ` 3,00,000
Commuted pension received
Less: Exempt u/s 10(10A)
` 1,66, 667 ` 1,33,333

Taxable pension ` 1,57,333
(c) He is a non-government employee and is not in receipt of gratuity at the time of retirement.
Commuted pension received ` 3,00,000
Less: Exempt u/s 10(10A)
` 2,50,000 ` 50,000
Taxable pension ` 74,000
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Answer 8
Retrenchment compensation received ` 10,00,000

Less : Exemption under section10(10B) ` 4,32,692
Taxable retrenchment compensation ` 5,67,308
Note: Exemption is to the extent of least of the following:

(i) Compensation actually received ` 10,00,000
(ii) Statutory Limit ` 5,00,000
(iii) Amount calculated in accordance with provisions
of the Industrial Disputes Act, 1947
` 4,32,692
Answer 10
Computation of taxable salary of Mr. X for A.Y. 2022-23
Particulars `
Basic pay [(` 20,000×9) + (` 21,000×3)] = ` 1,80,000 + ` 63,000 2,43,000
Dearness allowance [10% of basic pay] 24,300
Bonus 21,000
Employer’s contribution to Recognized Provident Fund in excess of
12% (15% - 12% = 3% of ` 2,67,300) [See Note 1 below] 8,019
Taxable allowances
Particulars `
Telephone allowance 6,000
Taxable perquisites
Rent-free accommodation [See Note1 & 2 below] 44,145
Medical reimbursement 25,000
Reimbursement of salary of housekeeper 12,000
Gift voucher [See Note 6 below] 10,000
Gross Salary 3,93,464
Less Standard Deduction u/s 16(ia) (50,000)
Salary Chargeable to Tax 3,43,464
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Notes:
1. It has been assumed that dearness allowance forms part of salary for retirement
benefits and accordingly, the perquisite value of rent-free accommodation and
employer’s contribution to recognized provident fund have been worked out.
2. Where the accommodation is taken on lease or rent by the employer, the value of
rent-free accommodation provided to employee would be actual amount of lease
rental paid or payable by the employer or 15% of salary, whichever is lower.
For the purposes of valuation of rent free house, salary includes:
(i) Basic salary i.e., ` 2,43,000
(ii) Dearness allowance (assuming that it is included for calculating retirement
benefits) i.e. ` 24,300
(iii) Bonus i.e., ` 21,000
(iv) Telephone allowance i.e., ` 6,000 Therefore, salary works out to
` 2,43,000 + ` 24,300 + ` 21,000 + ` 6,000 = ` 2,94,300.
15% of salary = ` 2,94,300 × 15/100 = ` 44,145
Value of rent-free house = Lower of rent paid by the employer (i.e. ` 1,20,000) or
15% of salary (i.e.,` 44,145).
Therefore, the perquisite value is ` 44,145.
3. Facility of use of laptop is not a taxable perquisite.
4. Conveyance allowance is exempt since it is based on actual reimbursement for

official purposes.
5. The value of any gift or voucher or token in lieu of gift received by the employee or
by member of his household below ` 5,000 in aggregate during the previous year
is exempt. In this case, the gift voucher was received on the occasion of marriage
anniversary and the sum exceeds the limit of ` 5,000.
Therefore, the entire amount of ` 10,000 is liable to tax as perquisite.
Note - An alternate view possible is that only the sum in excess of ` 5,000 is taxable
in view of the language of Circular No.15/2001 dated 12.12.2001 that such gifts
upto ` 5,000 in the aggregate per annum would be exempt, beyond which it would
be taxed as a perquisite. As per this view, the value of perquisite would be ` 5,000.
6. Premium of` 5,000 paid by the company for personal accident policy is not liable to tax.
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HOMEWORK PROBLEMS
Question 1
Ms. Rakhi is an employee in a private company. She receives the following medical benefits
from the company during the previous year 2021-22:
Particulars `
1. Reimbursement of following medical expenses incurred by Ms.
Rakhi
(A) On treatment on her self-employed daughter in a private 4,000
clinic
(B) On treatment of herself by family doctor 8,000
(C) On treatment of her mother-in-law dependent on her, in a 5,000
nursing home
2. Payment of premium on Mediclaim Policy taken on her health 7,500
3. Medical Allowance 2,000p.m
4. Medical expenses reimbursed on her son’s treatment in a 5,000
government hospital
5. Expenses incurred by company on the treatment of her minor son 1,05,000
abroad
6. Expenses in relation to foreign stay of Rakhi and her son abroad 1,20,000
for medical treatment
(Limit of foreign exchange prescribed by RBI for this is ` 2,00,000)
Examine the taxability of the above benefits and allowances in the hands of Rakhi.
Question 2
Mr. Balaji, employed as Production Manager in Beta Ltd., furnishes you the following
information for the year ended 31.03.2022:
(i) Basic salary upto 31.10.2021 ` 50,000 p.m. Basic salary from 01.11.2021 ` 60,000
p.m. Note: Salary is due and paid on the last day of every month.
(ii) Dearness allowance @ 40% of basic salary.
(iii) Bonus equal to one month salary. Paid in October 2021 on basic salary plus dearness
allowance applicable for that month.
(iv) Contribution of employer to recognized provident fund account of the employer @
16% of basic salary.
(v) Profession tax paid ` 2,500 of which ` 2000 was paid by the employer.
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(vi) Facility of laptop and computer was provided to Balaji for both official and persona
use. Cost of laptop ` 45,000 and computer ` 35,000 were acquired by the company
on 01.12.2021.
(vii) Motor car owned by the employer (cubic capacity of engine exceeds 1.60 litres)
provided to the employee from 01.11.2021 meant for both official and personal use.
Repair and running expenses of ` 45,000 from 01.11.2021 to 31.03.2022, were fully
met by the employer. The motor car was self-driven by the employee.
(viii) Leave travel concession given to employee, his wife and three children (one daughter
aged 7 and twin sons aged 3). Cost of air tickets (economy class) reimbursed by the
employer ` 30,000 for adults and ` 45,000 for three children. Balaji is eligible for
availing exemption this year to the extent it is permissible in low.
Compute the salary income chargeable to tax in the hands of Mr. Balaji for the assessment
year 2022-23.
Question 3
Mr. Vishnu is in receipt of the following allowances from his employer M/s
Exceptional Transport Co. Ltd. He seeks your advice about the taxable quantum of these
allowances:
(1) Helper Allowance ` 500 p.m. He had appointed a helper for 10 months during the
P.Y. to whom he paid ` 250 p.m.
(2) Conveyance Allowance of ` 950 p.m. He owns a car which is used both for personal
and official purposes. Total monthly expenses incurred on this car amounts to `
1,200 of which 40% is attributable to office use.
(3) During the year he received for his 3 children a sum of ` 450 p.m., each towards
Education and Hostel Expenditure. All his children are staying in a hostel in Shimla.
(4) He also received ` 9,000 p.m. as special allowance to meet his personal expenses in
the course of running the transport conveyance of the employer from one place to
another.
(5) Uniform Allowance of ` 1,500 p.m. Actual expenses amount to ` 20000.
Question 4
Compute the amount of taxable house rent allowance in the hands of Mr. Murthy from
the following details:
Basic Salary - ` 3,00,000 p.a.; Dearness Allowance (provided in terms of employment)
- ` 60,000 p.a.; House Rent Allowance - ` 60,000 p.a. (Rent paid by him - ` 45,000 p.a.
in Nasik); Commission on Turnover @ 2.5% (Turnover achieved by him - ` 10,00,000).
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Advance Salary for the month of April, 2022 amounting to ` 25,000 is also received
during the P.Y. 2021-22.
Question 5
Mr. Chirkut is employed by M/s Asha Ltd. (Delhi) up to November 30, 2021. He derives
following monthly payments from M/s Asha Ltd.:
Till From
31/05/21 01/06/2021
Basic Salary 40,000 50,000
Dearness Allowance @ 30% of Basic Salary
(60% of Dearness Allowance forming part of salary 12,000 15,000
for computing all retirement benefits)
Dearness Allowance (not forming part of salary for 80,000 90,000
computing retirement benefits)
Commission 30,000 40,000
House Rent Allowance 20,000 35,000
With effect from 01-12-2021, he joins M/s Nirasha Ltd. (Amritsar). He derives Basic Salary
of ` 1,00,000 p.m. from M/s Nirasha Ltd. Besides, he also gets Dearness Allowance @ `
80,000 p.m. (5% of which forms part of salary for computing all retirement benefits) and
HRA @ ` 60,000 p.m. He also gets commission of ` 45,000 p.m.
Rent paid p.m. by Mr. Chirkut is as follows:
Delhi ` Amritsar `
From January 1, 2021 to July 31, 2021 5,000 -----
August 1, 2021 to December 31, 2021 29,000 -----
January, 2022 ----- 10,000
February 1, 2022 to June 30, 2022 ----- 60,000
Determine the taxable House Rent Allowance in the hands of Mr. Chirkut.
Question 6
Mr. Timberlake, an employee of M/s Hollywood Ltd., receives ` 2,50,000 as gratuity.
He is covered by the Payment of Gratuity Act, 1972. He retires on December 12, 2021
after rendering service of 38 years and 8 months. At the time of retirement his monthly
Basic Salary and Dearness Allowance was ` 7,500 and ` 1,500, respectively. Is the entire
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amount of gratuity exempt from tax?

Will your answer be different if he was not covered by Payment of Gratuity Act,
1972?
Question 7
Mr. Ching Lee, a marketing specialist of Mumbai, retired from A Co. Ltd. on November
30, 2007 and received ` 2,22,000 gratuity out of which ` 2,20,000 was exempted u/s
10(10). Thereafter, he joined B Co. Ltd. During the P.Y. 2021-22 he now retires from B Co.
Ltd. on March 1, 2022 after 15 years and 3 months of service and receives ` 4,50,000
as gratuity from B Co. Ltd. (Assume that he is not covered by the Payment of Gratuity Act,
1972).
His Average Basic Salary drawn from B Co. Ltd. for the preceding 10 months ending on
February 28, 2022 is ` 21,200 p.m.
Besides, he has received ` 2,000 p.m. as Dearness Allowance (80% of which forms part
of salary for the purpose of computation of all retirement benefits) and 6% commission
on turnover achieved by him (total turnover achieved by him during 10 months ending on
February 28, 2022 is ` 2,50,000).
Determine the amount of gratuity exempt u/s 10(10) in the hands of Mr. Ching Lee for the
A.Y. 2022-23.
Question 8
(a) Mrs. Sharma retired from M/s Ki & Ka Ltd. on 31-08-2021. She was paid a pension
of ` 5,000 p.m. On 01-01-2022, she commuted 60% of the pension and received `
72,000. Compute the amount of pension taxable in her hands if she is also in receipt
of gratuity.
(b) In point no. (a) above, would your answer be different if Mrs. Sharma is not in receipt
of gratuity?
(c) In point no. (a) above, would your answer be different if Mrs. Sharma retires from the
services of Central Government instead of Ki & Ka Ltd.?
Question 9
Mr. Dev, an employee of M/s ABC Ltd., receives ` 36,000 as leave salary at the time of
retirement on 31-01-2022. On the basis of following information, determine the amount
of taxable leave salary:
Basic Salary - ` 3,000 p.m. since 2017; duration of service - 22 years and 8 months;
leave to his credit at the time of retirement is 12 months on the basis of 1½ months
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entitlement of leave for each completed year of service.

If leave to his credit at the time of retirement is 9 months then what would have been
your answer.
Further, what would have been your answer if Mr. Dev was the employee of Rajasthan
State Government?
Question 10
Mr. Kalicharan submits the following information:
Basic Salary: `1,20,000; Dearness Allowance: ` 40,000 (46 per cent of which is part of
salary for retirement benefits); Commission: ` 6,000 (i.e. 1 per cent of
` 6,00,000, being turnover achieved by him) and Children Education Allowance for his 2
children: ` 7,200. The employer contributes ` 20,000 towards provident fund to which
a matching contribution is made by Mr. Kalicharan. Interest credited in the provident
fund account @ 11% comes to ` 93,500. Other Incomes taxable under other Heads is `
2,00,000.Find out the net taxable income for Mr. Kalicharan if the provident fund is (a)
SPF (b) RPF (c) UPF.
Question 11
Mr. Aloknath is employed with M/s Babuji Ltd. and is paid the following emoluments:
Basic Salary - ` 25,000 p.m.; D.A. (not provided in the terms of employment) - ` 7,250
p.m. and Travel Allowance - ` 3,000 p.m. 60% of the Travel Allowance is not spent
and the balance is spent for office purpose; Commission - ` 2,500 p.m.; Entertainment
Allowance - ` 2,500 p.m.; Uniform Allowance - ` 2,100 p.m. (actual expenditure is
` 19,200); Tribal Area Allowance - ` 8,400 p.a. Bonus declared during the year is 25,000.
Professional Tax of ` 2,000 is paid by the company on behalf of Mr. Aloknath. During the
P.Y. 2021-22, he draws salary of April & May, 2022 (i.e. ` 50,000) in advance. He is also
provided a rent-free furnished accommodation at Jaipur (Population 38 lakhs). Original
cost of furniture provided in the house ` 50,000 (W.D.V. is ` 9,000) & Hire charges ` 1,250
p.m. for hired furniture provided. Calculate the taxable value of perquisite along with
salary taxable the hands of Mr. Aloknath.
Would your answer change if the employer recovers ` 2,500 p.m. towards such
accommodation from Mr. Aloknath?
Question 12
Mrs. Pradhan is offered an employment by M/s Mantri Ltd. at a Basic Salary of ` 24,000
p.m.
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Other allowances according to rules of the company are:

Dearness Allowance (not forming part of salary for calculating retirement benefits) @
18% of Basic Salary; Project Allowance @ 6 % of Basic Salary.
Bonus @ 1 month’s Basic Salary;
The company gives Mrs. Pradhan an option either to take a Rent Free Unfurnished
Accommodation at Pune (population above 25 lakh) for which the company would directly
bear the rent of ` 15,000 p.m. or to accept a House Rent Allowance of ` 15,000 p.m. and
find out own accommodation.
If Mrs. Pradhan opts for House Rent Allowance, she will have to pay a rent of ` 15,000
p.m. for an unfurnished house.
Which of the two options should be opted by Mrs. Pradhan in order to minimise her tax
bill?
Her income from other sources is ` 1,70,000.
Question 13
Find out the taxable value of the perquisite in respect of car in the following different
situations:
(1) Mr. X is employed by a company. He has been provided a car (1200cc) owned by the
employer, cost of the car is ` 4,26,000. The expenditure incurred by the company
on maintenance of the car:
Petrol: ` 46,000, Driver: ` 36,000 and Maintenance: ` 10,000. The car can be used by
Mr. X partly for official purposes and partly for private purposes. A sum of ` 12,000
is recovered from Mr. X.
(2) Would your answer be different if in Situation 1 (above), the car is used only for
private purposes?
(3) A car (1800cc) is owned by the employer (cost of the car being ` 4,80,000).
Mr. X, an employee, can use it partly for official purposes and partly for private
purposes. Expenses for private purposes are, however, incurred by Mr. X. The total
expenditure incurred by Mr. X is ` 50,000 on car and ` 20,000 on driver.
(4) Would your answer be different if in Situation 3 (above), the car is used only for
private purposes?
(5) Mr. X owns a car (1400cc). He uses it partly for official purposes and partly for
private purposes? During the P.Y. 2021-22, he incurs a sum of ` 40,000 on running
and maintenance of the car. Besides, he has engaged a driver (salary ` 24,000). The
employer reimburses the entire expenditure of ` 64,000. Logbook of the car is not
maintained.
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(6) Would your answer be different if in Situation 5 (above), the logbook of the car is
maintained and 70% of the expenditure is attributable towards the official use of
the car? The employer to this effect gives a certificate also.
(7) A car (1700cc) is owned by the employer. All expenses (` 56,000) are incurred by the
employer. The employer maintains logbook of the car. Mr. X, an employee, uses the
car only for official purposes. The employer gives a certificate that the car is used
only for official purposes.
Question 14
Find out the taxable value of the perquisite in respect of medical facility in the following
cases:
(1) Mr. X gets a fixed medical allowance of ` 600 p.m. from his employer.
(2) Mr. Y, a director in the employer-company, gets medical treatment
in dispensary maintained by his employer.
The expenditure on medical treatment provided to Mr. Y and his
family members during the P.Y. 2021-22 is as follows:
- Mr. Y, Mrs. Y and minor child of Mr. Y ` 9,100
- Major son of Mr. Y (not dependent upon Mr. Y) ` 2,700
- Parents of Mr. Y (dependent upon Mr. Y) ` 3,000
- Parents of Mrs. Y (dependent upon Mr. Y) ` 12,000
- Brother of Mr. Y (dependent on Mr. Y) ` 6,000
- Sister of Mr. Y (not dependent on Mr. Y) ` 17,000
Besides, he gets reimbursement of ordinary medical expenses paid
to a private medical practitioner:
- Treatment of Mr. Y, Mrs. Y and their children ` 2,000
- Treatment of father of Mr. Y ` 3,700
- Treatment of father of Mrs. Y ` 3,000
(3) Mr. Z (Salary: ` 2,40,000) pays mediclaim / health insurance premium
(which is later on reimbursed by his employer) as follows :
- On Mr. Z's health ` 800
- On Mr. Z's health ` 600
- For the health of Mr. Z's father (not dependent upon Mr. Z) ` 1,000
- For the health of major son of Mr. Z (not dependent upon Mr. Z) ` 2,700
- For the health of brother of Mr. Z (dependent upon Mr. Z) ` 400
- For the health of father of Mrs. Z (dependent upon Mr. Z) ` 500
- For the health of grandfather of Mr. Z (dependent upon Mr. Z) ` 1,000
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(4) Mr. A (Salary: ` 3,60,000) gets following reimbursements from his

employer:
- Reimbursement of expenses incurred for caesarean operation ` 28,600
of Mrs. A in a hospital approved by the Chief Commissioner
- Reimbursement expenses of eye's treatment (including surgical ` 2,700
operation) in a hospital approved by the Chief Commissioner
- Reimbursement of ordinary medical expenses paid to a private ` 16,200
nursing home
Question 15
Find out the taxable value of the perquisite in the following cases:
(1) Mr. X is an employee in the Accounts Department of M/s A Ltd. He attends a seminar
on ‘Ind AS". Seminar fees of ` 7,500 is paid by M/s A Ltd.
(2) Mr. Y's son Chintu is a student of standard 10th of DPS, Noida. ` 25,800 being tuition
fees of Mr. Y's son is paid/reimbursed by M/s B Ltd. where Mr. Y is employed. There is
no arrangement between M/s B Ltd. and DPS, Noida.
(3) Star Public School, Mumbai, is owned and maintained by M/s C Ltd., a manufacturing
company. Books of account of the school and M/s C Ltd. are maintained separately.
Mr. Z is an employee of M/s C Ltd. Following family members of Mr. Z are studying in
Star Public School:
Cost of Education in Amount charged by
a similar institution the employer
Aliya, daughter of Mr. Z ` 5,500 p.m. ` 800 p.m.
Bunty, dependent brother of Mr. Z ` 6,000 p.m. ` 1,600 p.m.
(4) Suppose in point no. (3) above, Star Public School is not owned/maintained by C
Ltd. But, as per the arrangement of M/s C Ltd. with the school, family members of
employees of M/s C Ltd. can have educational facility in the school. 100 seats are
reserved for this purpose for which the company annually pays ` 20 lakhs to the
school (no separate billing by the school to the employees of M/s C Ltd. is made
in this regard). Same family members of Mr. Z as given in the table in point no. (3)
above are students of the said school. Cost of education in a similar institute and
the amount charged from Mr. Z by M/s C Ltd. are also same as given in the table in
point no. (3) above.
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Question 16
Find out the taxable value of the perquisite in the following cases for the A.Y. 2022-23:
(1) Mr. X is given a laptop by the employer-company for using it for office and private
purpose (ownership is not transferred). Cost of the laptop to the employer is ` 96,000.
(2) On October 15, 2021, the company gives its music system to Mr. Y for domestic use.
Ownership is not transferred. Cost of the music system to the employer is ` 15,000.
(3) The employer company sells the following assets to the employees on January 1,
2022:
Name of the Employee Mr. Z Mr. Y Mr. X

Assets Sold Car Computer Fridge
Cost of the asset to employer ` 6,96,000 ` 1,17,000 ` 40,000
Date of Purchase
(put to use on the same day) May 15, 2019 May 15, 2019 May 15, 2019
Sale price ` 2,10,000 ` 24,270 ` 1,000
Before sale on January 1, 2022, these assets were used for the purpose of the business
by the employer.
Question 17
M/s KK Co. Ltd. allotted 1000 sweat equity shares to Mr. Chandu in June, 2021. The shares
were allotted at ` 200 per share as against the fair market value of Rs. 300 per share on
the date of exercise of option by the allottee i.e. Mr. Chandu. The fair market value was
computed in accordance with the prescribed method.
(i) What is the perquisite value of sweat equity shares allotted to Mr. Chandu?
(ii) In the case of subsequent sale of these shares by Mr. Chandu, what would be the
cost of acquisition of those sweat equity shares?
Question 18
The following benefits have been granted by M/s Ved Software Ltd. to one of its employees
Mr. Badrinath:
(i) Air-conditioners purchased 4 years back for ` 2,00,000 have been given to Mr.
Badrinath for ` 90,000.
(ii) Housing loan @ 6% p.a.. Amount of loan outstanding on 01-04-2021 is ` 6,00,000.
Mr. Badrinath pays ` 12,000 p.m. towards principal, on 5th of each month.
Compute the value of perquisite chargeable to tax in the hands of Mr. Badrinath for the
127
A.Y. 2022-23. SBI’s prime lending rate as on 01-04-2021 for housing loan may be taken
as 10% p.a.
Question 19
Mr. Anand, is an employee of M/s XYZ Co. Ltd. at Mumbai and is also covered by the
Payment of Gratuity Act, 1972. He retires at the age of 64 years on 31-12-2021 after
completing 33 years and 7 months of service. At the time of retirement, his employer pays
` 20,51,640 as gratuity and ` 6,00,000 as accumulated balance from the recognised
provident fund account. He is also entitled for a monthly pension of ` 8,000. However,
he gets 75% of the pension commuted for a lumpsum of ` 4,50,000 on 01-02-2022.
Determine the amount of salary chargeable to tax in the hands of Mr. Anand with the
help of following information:
Particulars `
Basic Salary ` 80,000 p.m.
Bonus ` 36,000
House Rent Allowance `15,000 p.m.
Rent paid by Mr. Anand (for 12 months @ ` 10,000 p.m.) ` 1,20,000
Employer’s contribution towards the recognized provident fund ` 1,10,000
Professional Tax paid by Mr. Anand ` 2,000
Note: Salary and Pension falls due on the last day of each month.
Question 20
Mr. M is an area manager of M/s N. Steels Co. Ltd. He gets the following emoluments from
his employer:
Basic Salary
Up to 31-08-2021 ` 20,000 p.m.
From 01-09-2021 ` 25,000 p.m.
Conveyance Allowance (actual expenses ` 19,200) ` 2,000 p.m.
Employer’s contribution to recognised provident fund 15% of Basic Salary
Children Education Allowance (Total) ` 500 p.m. for children
City Compensatory Allowance ` 300 p.m.
Hostel Expenditure Allowance (Total) ` 380 p.m. for 2 children
Tiffin Allowance (actual expenses on tiffin `3,700) ` 5,000 p.a.
Tax on employment paid by the employer ` 2,500
128
From the details as furnished above, compute the amount of income taxable under the
head salary of Mr. M.
Question 21
Mrs. Chitralekha, a sales executive in M/s A Ltd. in Delhi, gets the following emoluments:
Basic Salary: ` 54,000 p.m.;
Dearness Allowance (forming part of salary for superannuation and other retirement
benefits): ` 2,000 p.m.; Entertainment Allowance: ` 24,500 p.m.;
Special Allowance: ` 50,000 p.m.;
House Rent Allowance: ` 9,000 p.m. (Rent Paid by her for the house: ` 16,000 p.m.);
Helper Allowance for domestic use: ` 5,000 p.m.
Her employer contributes ` 7,000 p.m. towards RPF. However, she contributes ` 8,000
p.m.
Interest credited to the RPF A/c of Mrs. Chitralekha during the P.Y. @ 12% is ` 30,000.
The employer company provides a Maruti Alto car for personal use of Mrs. Chitralekha
(employer's expenditure: ` 1,37,800, depreciation of the car @ 10%:
` 12,600).
Free lunch (cost being ` 55 per day) was provided for 100 days.
The employer also provides free club facility for personal use of Mrs. Chitralekha
(expenditure of the employer: ` 52,100).
Determine the taxable salary income of Mrs. Chitralekha.
129
HOMEWORK PROBLEMS SOLUTIONS
Answer 1
Tax treatment of medical benefits, allowances and mediclaim premium in the hands of
Mrs. Rakhi for A.Y. 2022-23.
Particulars
1. Reimbursement of medical expenses incurred by Ms. Rakhi
(A) The amount of ` 4,000 reimbursed by her employer for treatment of her self-
employed daughter in a private clinic is taxable perquisite.
(B) The amount of ` 8,000 reimbursed by the employer for treatment of Ms. Rakhi
by family doctor is taxable perquisite.
C) The amount of ` 5,000 reimbursed by her employer for treatment of her
dependent mother-in-law in a nursing home is taxable perquisite.
The aggregate sum of ` 17,000, specified in (A), (B) and (C) above, reimbursed by
the employer is taxable perquisite
2. Medical insurance premium of ` 7,500 paid by the employer for insuring
health of Ms. Rakhi is an exempt perquisite as per clause (iii) of the first proviso to
section 17(2).
3. Medical allowance of ` 2,000 per month i.e., ` 24,000 p.a. is a fully taxable
allowance.
4. As per clause (ii) (a) of the first proviso to section 17(2), reimbursement of
medical expenses of ` 5,000 on her son’s treatment in a hospital maintained by the
Government is an exempt perquisite.
5 & As per clause (vi) of the first proviso to section 17(2), the following expenditure
6 incurred by the employer would be excluded from perquisite subject to certain
conditions –
(i) Expenditure on medical treatment of the employee, or any member of
the family of such employee, outside India [` 1,05,000, in this case];
(ii) Expenditure on stay abroad of the employee or any member of the family of
such employee for medical treatment and one attendant who accompanies
the patient in connection with such treatment [` 1,20,000, in this case].
The conditions subject to which the above expenditure would be exempt are as
follows -
The expenditure on medical treatment and stay abroad would be excluded from
perquisite to the extent of foreign exchange permitted by Reserve Bank of India.
130
Assuming that the limit of ` 2 lakh prescribed by RBI pertains to both expenditure
on medical treatment of minor son as well as expenditure on stay abroad of Ms.
Rakhi and her minor son, such expenditure would be excluded from perquisite
subject to a maximum of ` 2 lakh. If such expenditure is less than ` 2 lakh, it would
be fully excluded. Thus in this case ` 25,000 will be taxable.
Answer 2
Computation of Taxable Salary of Mr. Balaji for A.Y. 2022-23
Particulars `
Basic salary [(` 50,000 x 7) + (` 60,000 x 5)] 6,50,000
Dearness Allowance (40% of basic salary) 2,60,000
Bonus (` 50,000 + 40% of ` 50,000) (See Note 1) 70,000
Employers contribution to recognized provident fund in
excess of 12% of salary = 4% of ` 6,50,000 (See Note 4) 26,000
Professional tax paid by employer 2,000
Perquisite of Motor Car (` 2,400 for 5 months)
(See Note 5) 12,000
Gross Salary
Less: Deduction under section 16
Standard deduction u/s 16(ia) ` 50,000
Professional tax u/s 16(iii) (See Note 6) ` 2,500 ` 10,20,000
Taxable Salary 9,67,500
Notes:
1. Since bonus was paid in the month of October, the basic salary of ` 50,000 for the
month of October is considered for its calculation.
2. As per Rule 3(7)(vii), facility of use of laptop and computer is an exempt perquisite,
whether used for official or personal purpose or both.
3. Mr. Balaji can avail exemption under section 10(5) on the entire amount of ` 75,000
reimbursed by the employer towards Leave Travel Concession since the same was
availed for himself, his wife and three children and the journey was undertaken by
economy class airfare. The restriction imposed for two children is not applicable in
case of multiple birth which take place after the first child. It is assumed that the
Leave Travel Concession was availed for journey within India.
4. It is assumed that dearness allowance does not form part of salary for computing
retirement benefits.
5. As per the provisions of Rule 3(2), in case a motor car (engine cubic capacity exceeding
131
1.60 liters) owned by the employer is provided to the employee without chauffeur
for personal as well as office use, the value of perquisite shall be ` 2,400 per month.
The car was provided to the employee from 1.11.2021, therefore the perquisite value
has been calculated for 5 months.
6. As per section 17(2)(iv), a “perquisite” includes any sum paid by the employer in
respect of any obligation which, but for such payment, would have been payable by
the assessee. Therefore, professional tax of ` 2,000 paid by the employer is taxable
as a perquisite in the hands of Mr. Balaji. As per section 16(iii), a deduction from the
salary is provided on account of tax on employment i.e. professional tax paid during
the year. Therefore, in the present case, the professional tax paid by the employer
on behalf of the employee ` 2,000 is first included in the salary and deduction of the
entire professional tax of ` 2,500 is provided from salary.
Answer 3
Allowances taxable in the hands of Mr. Vishnu:
Particulars ` ` `
(1) Helper Allowance [Rs. 500 p.m. x 12] 6,000
Less: Exemption u/s 10(14) shall be least of the following:
(a) Actual Amount Received
(b) Amount spent to engage helper
[Rs. 250 p.m. x 10] 6,000
2,500 (2,500) 3,500
(2) Conveyance Allowance [Rs. 950 p.m. x 12] 11,400
(b) Amount spent on official conveyance 11,400
[Rs. 1,200 p.m. x 12 x 40%] 5,760 (5,760) 5,640
(3) Children Education Allowance 5,400
[Rs. 450 p.m. for 3 children or Rs. 150 p.m.p.c. x 3 x 12]
[Rs. 450 p.m. for 3 children or Rs. 150 p.m.p.c. x 3 x 12] 5,400
(b) Maximum Amount as per IT Rules, 1962
[*Rs. 100 p.m.p.c. x 2 x 12] 2,400 (2,400) 3,000
(Maximum Amt. as per IT Rules, 1962 is Rs. 100 p.m.p.c. for
max. 2 children)
132
(4) Children Hostel Expenditure Allowance 5,400

(a) Actual Amount Received 5,400
(b) Maximum Amount as per IT Rules, 1962 3,600 (3,600) 1,800
(c) [*Rs. 150 p.m.p.c. x 2 x 12]
(Maximum Amt. as per IT Rules, 1962 is Rs. 300 p.m.p.c. for
max. 2 children)
(5) Running/Outstation Allowance [Rs. 9,000 p.m. x 12] 1,08,000
(a) 70% of the Amount Received
[70% of Rs. 1,08,000] 75,600
(b) Maximum Amount as per IT Rules, 1962
[Rs. 10,000 p.m. x 12] 1,20,000 (75,600) 32,400
(6) Uniform Allowance [Rs. 1,500 p.m. x 12] 18,000
(b) Amount actually spent on Uniform 18,000
[Rs. 1,500 p.m. x 12] 18,000 (18,000) NIL
Total Taxable Allowance 46,340
Answer 4
Particulars ` `
House Rent Allowance 60,000
Less: Exemption u/s 10(13A) shall be least of the following:
(a) Amount of HRA Actually Received 60,000
(b) 40% of Salary** [40% of Rs. 3,85,000] 1,54,000
(c) Rent Paid (-) 10% of Salary** [Rs. 45,000 (-) Rs. 10% of 6,500 (6,500)
3,85,000]
Taxable Amount of House Rent Allowance 53,500
** Salary for the purpose of HRA exemption:

Basic Salary 3,00,000
Dearness Allowance (in terms of employment) 60,000
Turnover Commission (2.5% of 10,00,000) 25,000
**Salary 3,85,000
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Answer 5
House Rent Allowance taxable in the hands of Mr. Chirkut:
Particulars Apr June Aug Feb
& & & Dec Jan &
May July Nov Mar

Basic salary 40,000 50,000 50,000 1,00,000 1,00,000 1,00,000
DA (in terms) 7,200 9,000 9,000 4,000 4,000 4,000
Turnover Commission NIL NIL NIL NIL NIL NIL
Salary 47,200 59,000 59,000 1,04,000 1,04,000 1,04,000
Actual HRA Received [A] 20,000 35,000 35,000 60,000 60,000 60,000
50% of Salary 23,600 29,500 29,500 52,000 - -
40% of Salary - - - - 41,600 41,600
Rent Paid (-) 10% of Salary 280 NIL 23,100 18,600 NIL 49,600
Exemption u/s 10(13A) [B] 280 NIL 23,100 18,600 NIL 41,600
Taxable HRA (p.m.) [A-B] 19,720 35,000 11,900 41,400 60,000 18,400
(x) Period (in months) 2 2 4 1 1 2
Taxable HRA for the period 39,440 70,000 47,600 41,400 60,000 36,800
Therefore, taxable amount of HRA is Rs. 2,95,240.
Answer 6
As per section 10(10), the amount of any death-cum-retirement gratuity, received or
receivable by an employee from the employer at the time of retirement shall be exempt
fully in the hands of a government employee.
However, such amount, if received or receivable by a non-government employee shall
not be fully exempt u/s 10(10). The exemption u/s 10(10) in case of non-government
employee shall be restricted subject to certain limits which depends on the fact whether
the employee is covered by the Payment of Gratuity Act, 1972 or not.
In the instant case, Mr. Timberlake is a non-government employee who is covered by the
Payment of Gratuity Act, 1972. Therefore, the amount of gratuity exempt u/s 10(10) in his
hands shall be least of the following:
(a) Gratuity actually received or receivable 2,50,000

(b) Maximum Amount u/s 10(10) 20,00,000
(c) /26 (x) ** Last Drawn Salary p.m. (x) No. of years of service
15
2,02,500
[15/26 (x) Rs. 9,000 p.m. (x) 39 years]
Therefore, gratuity exempt in the hands of Mr. Timberlake shall be Rs. 2,02,500. And
the amount of gratuity taxable in his hands shall be Rs. 47,500 [i.e. Rs. 2,50,000 (-) Rs.
2,02,500].
134
Note:
(1) ** Last Drawn Salary p.m. = Basic Salary (+) Dearness Allowance of the month
immediately preceding to the month of retirement i.e. Rs. 7,500 (+) Rs. 1,500 = Rs.
9,000.
(2) Fraction of the year is treated as the whole year in computing no. of years of service
as the fraction exceeds 6 months.
However, if Mr. Timberlake was not covered by the Payment of Gratuity Act, 1972, then, in
such case, the amount of gratuity exempt u/s 10(10) in his hands would have been least
of the following:

(b) Maximum Amount u/s 10(10) 20,00,000
(c) /30 (x) ** Average Salary p.m. (x) No. of completed years of service
15
1,71,000
[15/30 (x) Rs. 9,000 p.m. (x) 38 years]
Therefore, gratuity exempt in the hands of Mr. Timberlake shall be Rs. 1,71,000. And
the amount of gratuity taxable in his hands shall be Rs. 79,000 [i.e. Rs. 2,50,000 (-) Rs.
1,71,000].
Note:
(1) ** Average Salary p.m. = [Basic Salary (+) Dearness Allowance (in terms) (+) Turnover
Commission] for 10 months immediately preceding to the month of retirement (÷)
10 months i.e. [Rs. 7,500 (+) Rs. 1,500 (+) NIL] (x) 10 (÷) 10 i.e. Rs. 9,000.
(2) In the absence of any information, Dearness Allowance is assumed to be provided in
terms.
(3) Fraction of the year is ignored as we have to consider only the no. of completed
years of service.
Answer 7
The amount of gratuity exempt u/s 10(10) in the hands of Mr. Ching Lee who is not covered
by the Payment of Gratuity Act, 1972 would be least of the following:
(b) Maximum Amount u/s 10(10) - [Rs. 20,00,000 (-) Rs. 2,20,000] 17,80,000
(c) 15/30 (x) ** Average Salary p.m. (x) No. of completed years of service
[15/30 (x) Rs. 24,300 p.m. (x) 15 years] 1,82,250
135
Therefore, gratuity exempt in the hands of Mr. Ching Lee shall be Rs. 1,82,250. And the
amount of gratuity taxable in his hands shall be Rs. 2,67,750 [i.e. Rs. 4,50,000 (-) Rs.
1,82,250].
Note:
(1) ** Average Salary p.m. = [Basic Salary (+) Dearness Allowance (in terms) (+) Turnover
Commission] for 10 months immediately preceding to the month of retirement (÷)
10 months i.e.
[(21,200 x 10) + (2,000 x 80% x 10) + (6% of 2,50,000)] ÷ 10m = 24,300 pm
(2) Fraction of the year is ignored as we have to consider only the no. of completed
years of service.
(3) The assessee can take the aggregate exemption to the extent of maximum Rs.
20,00,000 during his life time u/s 10(10). Therefore, if the assessee has taken the
benefit of said section at any time during any earlier A.Y., then the amount of
exemption so taken shall be reduced from the limit of Rs. 20,00,000 while computing
the amount of exemption u/s 10(10) in any subsequent A.Y.
Answer 8
(a) Computation of taxable pension:

Uncommuted Pension
From Sept’ 21 to Dec’ 21- [Rs. 5,000 p.m. x 4] 20,000
From Jan’ 22 to Mar’ 22 - [Rs. 5,000 p.m. x 40% x 3] 6,000 26,000
Commuted Pension
Less: Exempt u/s 10(10A) to the extent of least of following:
(a) 1/ of Fully Commuted Pension = Rs. 40,000
3rd
72,000
[1/3rd of 72,000 (x) 100 (÷) 60]
(b) Amount Actually Received = Rs. 72,000 (40,000) 32,000
Therefore, total taxable pension is Rs. 58,000 i.e. [Rs. 26,000 + Rs. 32,000].
(b) Computation of taxable pension:
Uncommuted Pension
136
Commuted Pension
Less: Exempt u/s 10(10A) to the extent of least of following: 72,000
(a) 1/2th of Fully Commuted Pension = Rs. 60,000
[1/2th of 72,000 (x) 100 (÷) 60]
(b) Amount Actually Received = Rs. 72,000 (60,000) 12,000
Therefore, total taxable pension is Rs. 38,000 i.e. [Rs. 26,000 + Rs. 12,000].
(c) Computation of taxable pension: Uncommuted Pension
Commuted Pension [Fully Exempt u/s 10(10A) as Mrs.
Sharma is a Government Employee] NIL
Therefore, total taxable pension is Rs. 26,000 i.e. [Rs. 26,000 + NIL].
Answer 9
(a) As per section 10(10AA), any leave salary received or receivable at the time of
retirement or separation by a government employee shall be fully exempt in the
hands of a government employee.
However, such amount, if received or receivable by a non-government employee
shall not be fully exempt u/s 10(10AA). The exemption u/s 10(10AA) shall be
restricted subject to certain limits. In the instant case, Mr. Dev is a non-government
employee.
Therefore, the amount of leave salary exempt u/s 10(10AA) in his hands shall be
least of the following:
(a) **Leave Credit x *Average Salary p.m. - [1 month x Rs. 3,000] 3,000
(b) 10 month’s Salary [i.e. Average Salary p.m. (x) 10 months] - [Rs. 36,000
3,000 x10 months]
(c) Actual Leave Salary received or receivable 36,000
(d) Maximum Limit u/s 10(10AA) 3,00,000
Therefore, leave salary exempt in the hands of Mr. Dev shall be Rs. 3,000. And the amount
of leave salary taxable in his hands shall be Rs. 33,000 [i.e. Rs. 36,000 (-) Rs. 3,000].
Note:
(1) * Average Salary p.m. = [Basic Salary (+) Dearness Allowance (in terms) (+) Turnover
Commission] for 10 months including the month of retirement (÷) 10 months i.e. [(Rs.
3,000 x 10) + NIL + NIL] (÷) 10 months = Rs. 3,000 p.m.
137
(2) ** Leave Credit:
Particulars As per Service As per Income

Rules Tax Rules
Leave Allowed/Entitlement 1.5 months Max. 1 month
(x) No. of completed years of service 22 years 22 years
Total Leave Allowed/Entitlement 33 months 22 months
(-)Total Leave Availed/Utilised (Balancing Amount) (21 months) (21 months)
Leave Credit 12 months 1 month
(given) (computed)

whichever is Lower
(b) If the leave to the credit of Mr. Dev at the time of his retirement would have been
only 9 months, then the amount of exemption u/s 10(10AA) in his hands would
have been least of the following:
(a) **Leave Credit x *Average Salary p.m. - [ZERO month x Rs. NIL
3,000]
(b) 10 month’s Salary [i.e. Average Salary p.m. (x) 10 months] - 30,000
[Rs. 3,000 x 10 months]
(a) **Leave Credit x *Average Salary p.m. - [ZERO month x Rs. 3,000] NIL
(b) 10 month’s Salary [i.e. Average Salary p.m. (x) 10 months] - [Rs. 3,000 x 10
months] 30,000
Therefore, leave salary exempt in the hands of Mr. Dev shall be Rs. NIL. And the
amount of leave salary taxable in his hands shall be Rs. 36,000 [i.e. Rs. 36,000 (-)
NIL].
Note:
(1) All the other variables remaining the same in this case. However, for computing the
amount of exemption u/s 10(10AA) only the calculation of leave credit would be
changed and the same would be ascertained in the following manner:
138
(2) ** Leave Credit:
Particulars As per Service As per Income

Rules Tax Rules
Leave Allowed/Entitlement 1.5 months Max. 1 month
(x) No. of completed years of service 22 years 22 years
Total Leave Allowed/Entitlement 33 months 22 months
(-)Total Leave Availed/Utilised (Balancing Amount) (24 months) (24 months)
Leave Credit 9 months ZERO
(given) months
(computed)

whichever is Lower
(c) However, if Mr. Dev was the employee of Rajasthan State Government, then the
leave salary received by him at the time of retirement from the Rajasthan Government
would have been fully exempted as per section 10(10AA).
Answer 10
Particulars SPF RPF UPF
Basic Salary 1,20,000 1,20,000 1,20,000
Dearness Allowance 40,000 40,000 40,000
Commission [1% of Rs. 6,00,000] 6,000 6,000 6,000
Education Allowance
[Rs. 7,200 p.a. for 2 children i.e. Rs. 300 p.m.p.c. x 2 x 12]
(a) Actual Amount Received = Rs. 7,200
[Rs. 7,200 p.a. for 2 children i.e. Rs. 300 p.m.p.c. x
2 x 12]
(b) Maximum Amount as per IT Rules, 1962 = Rs. 2,400
[*Rs. 100 p.m.p.c. x 2 x 12]
*Maximum Amount as per IT Rules, 1962 is Rs. 100
p.m.p.c. for max. 2 children)
Therefore, taxable amount = Rs. 4,800 i.e. [Rs. 7,200 - Rs.
2,400] 4,800 4,800 4,800
139
Employer's Contribution towards RPF in excess of 12% - 2,672 -

of Salary (Note 1)
Interest Credited to RPF Account in excess of 9.5% p.a. - 12,750 -
[i.e. Rs. 93,500 (×) 1.5 (÷) 11]
Gross Taxable Salary 1,70,800 1,86,222 1,70,800
Less : Deduction u/s 16 (50000) (50000) (50000)
Income taxable under the head Salary 120800 136222 120800
Other Incomes 200000 200000 200000
Gross Total Income 320800 336222 320800
Less – Deduction u/s 80C 20000 20000 Nil
Net Total Income 300800 316222 320800
Note:
(1)
Employer’s Contribution to RPF Account of Mr. Kalicharan 20,000
Less: Exempt up to least of following:
(a) 12% of **Salary [12% of Rs. 1,44,400] 17,328
(b) Amount actually contributed by the employer 20,000 (17,328)
Taxable Amount of Employer’s Contribution in excess of 12% of Salary 2,672
** Salary
DA (in terms) - [46% of Rs. 40,000] Turnover Commission 18,400
6,000
**Salary 1,44,400
(2) Mr. Kalicharan can claim deduction u/s 80C in respect of his contribution towards SPF/
RPF. However, no deduction u/s 80C would be available in respect of his contribution
towards UPF.
Answer 11
(A)
Name of the Assessee: Mr. Aloknath
Status: Individual – ROR PAN: _________________
P.Y. : ________________________ A.Y. : _________________
Computation of Income under the head Salary
140
Particulars ` `
Basic Salary [Rs. 25,000 x 12] 3,00,000
D.A. (not in terms) [Rs. 7,250 p.m. x 12] 87,000
Travel Allowance [Rs. 3,000 x 12] 36,000
(a) Actual Amount Received = Rs. 36,000 (14,400) 21,600
(b) Amount spent on official travelling = Rs. 14,400 [Rs.
3,000 p.m. x 12 x 40%]
Commission [Rs. 2,500 p.m. x 12] 30,000
Entertainment Allowance [Rs. 2,500 p.m. x 12] 30,000
Uniform Allowance [Rs. 2,100 x 12] 25,200
Maximum Amount as per Income Tax Rules, 1962 = Rs.
19,200 (19,200) 6,000
Tribal Area Allowance 8,400
(b) Maximum Amount as per Income Tax Rules, 1962 = Rs. (2,400) 6,000
2,400 [Rs. 200 p.m. x 12]
Bonus [Note 2] NIL
Professional Tax of Mr. Aloknath paid by the employer [Note 2,000
3]
Advance Salary for April & May, 2021 [Note 4] 50,000
Taxable value of rent-free furnished accommodation @ 79,040
Jaipur [Note 5]
Gross Taxable Salary 6,11,640
Less: Deduction u/s 16
(ia) Standard Deduction 50000
(ii) Entertainment Allowance NIL
(iii) Professional Tax Paid [Note 3] 2,000 (52,000)
Income taxable under the head ‘Salary’ 5,59,640
Note:
(1) Bonus is taxed on receipt basis under the head ‘Salary’. Hence, bonus declared
during the year amounting to Rs. 25,000 has been ignored.
(2) As per section 17(2)(iv), a ‘perquisite’ includes any sum paid by the employer in
141
respect of any obligation which, but for such payment, would have been payable
by the assessee. Therefore, professional tax of Rs. 2,000 paid by the employer
on behalf of the employee is taxable as a perquisite in the hands of Mr. Aloknath.
As per section 16(iii), a deduction from the salary is provided on account of tax on
employment i.e. professional tax paid during the year.
Therefore, in the present case, the professional tax paid by the employer on behalf
of the employee Rs. 2,000 is first included in the salary and then deduction for the
same is provided from gross taxable salary.
(3) As per section 15, income under the head ‘Salary’ is taxed on due or receipt whichever
is earlier basis. Hence, advance salary received shall be taxable. However, this
amount shall not be taxed once again on due basis when it becomes due during the
next P.Y.
(4) Taxable value of Rent-free Furnished Accommodation at Jaipur:
Value of Rent-free unfurnished 59,040
accommodation [15% of ** Salary
i.e. 15% of Rs. 3,93,600] Add: Value of furniture:
Owned by the employer [10% p.a. of Rs. 50,000] = Rs. 5,000 20,000
Taken on hire by the employer [Rs. 1,250 x 12] = Rs. 15,000
Taxable value of Rent-free Furnished Accommodation at Jaipur 79,040
** Salary :
Travel Allowance 21,600
Commission 30,000
Entertainment Allowance 30,000
Uniform Allowance 6,000
Tribal Area Allowance 6,000
** Salary = 3,93,600
If the employer recovers Rs. 2,500 p.m. from Mr. Aloknath for the accommodation,
then the value of perquisite of furnished accommodation at concessional rent shall
be as follows:
Taxable value of rent-free furnished accommodation at Jaipur [as 79,040
computed above in Note 5]
Less: Rent Recovered from the employee [Rs. 2,500 p.m. x 12] (30,000)
Taxable value of perquisite of furnished accommodation at 49,040
concessional rent
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In the above case, Income taxable under the head ‘Salary’ would be as follows:
Income taxable under the head ‘Salary’ [as computed above] 5,59,640
Less: Taxable value of Rent-free Furnished Accommodation at Jaipur (79,040)
Add: Taxable value of perquisite of furnished accommodation at 49,040
concessional rent
Income taxable under the head ‘Salary’ 5,29,640
Answer 12
For determining which option is the better for Mrs. Pradhan in order to minimise her tax
bill, we have to calculate her net taxable income under both the options:
Name of the Assessee: Mrs. Pradhan
Status: Individual - ROR PAN: __________________________
P.Y. : _________________________ A.Y. : __________________________
Particulars Rent-free HRA

Accommodation
Basic Salary [Rs. 24,000 x 12] 2,88,000 2,88,000
Dearness Allowance [18% of Rs. 2,88,000] 51,840 51,840
Bonus 24,000 24,000
Project Allowance [6% of Rs. 2,88,000] 17,280 17,280
Rent Free Unfurnished Accommodation [Note 1] 49,392 -
House Rent allowance [Note 2] - 64,800
Gross Taxable Salary 4,30,512 4,45,920
Less: Deduction u/s 16 (50000) (50000)
Income taxable under the head ‘Salary’ 3,80,512 3,95,920
Income from Other Sources 1,70,000 1,70,000
Gross Total Income 5,50,512 5,65,920
Conclusion:
Gross Total Income under the first option is less, which will result into lesser tax expenditure
as compared to the second option. Hence, Mrs. Pradhan should opt for first option i.e.
Rent Free Unfurnished Accommodation.
Note:
(1) Taxable value of rent free unfurnished accommodation would be least of:
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Lease Rent of the house i.e. [Rs. 15,000 x 12] = Rs. 1,80,000; OR 15% of **Salary i.e.
[15% of 3,29,280] = Rs. 49,392.
Rs. 49,392 being the least, would therefore be taxable value of rent free unfurnished
accommodation.
**Salary for the purpose of calculation of taxable value of rent free unfurnished
accommodation is [Rs. 2,88,000 + Rs. 24,000 + Rs. 17,280] = Rs. 3,29,280.
(2) Amount of HRA exempt from tax u/s 10(13A) is the least of the following:
a. Rs. 1,15,200 (being 40% of Rs. 2,88,000);
b. Rs. 1,80,000 (being actual house rent allowance received); and
c. Rs. 1,51,200 (being the excess of rent paid over 10% of Salary)
[i.e. Rs. 1,80,000 (-) 10% of Rs. 2,88,000]
Rs. 1,15,200, being the least, is exempt value of HRA u/s 10(13A).
Therefore, HRA amounting to Rs. 64,800 i.e. [Rs. 1,80,000 (-) Rs. 1,15,200] is
chargeable to tax.
Answer 13
(1) The employer owns the car. All expenses are met by the employer including cost
involved to engage the driver. Further, the car is used partly for official purposes and
partly for private purposes. The taxable value of this perquisite shall be [Rs. 1,800
p.m. (+) Rs. 900 p.m.] × 12] = Rs. 32,400.
(2) If the car is used only for private purposes, in such case taxable value of the
perquisite shall be:
10% of the Actual Cost i.e. 10% of Rs. 4,26,000 42,600
Petrol Expenses 46,000
Expenses on Driver 36,000
Maintenance Expenses 10,000
Total 1,34,600
Less: Amount recovered from Mr. X 12,000
Taxable Value of Perquisite 1,22,600
(3) The employer owns the car however, Mr. X incurs expenses for private purposes. It
can be used partly for official purposes and partly for private purposes. Therefore,
taxable value of perquisite shall be [Rs. 900 p.m. × 12] = Rs. 10,800.
(Rs. 900 p.m. is not added to the value of perquisite because driver is not provided
by the employer).
144
(4) The employer owns the car which can be used by Mr. X only for private purposes. All
expenses are incurred by Mr. X. Therefore, Rs. 48,000 being 10% of the Actual Cost
i.e. 10% of Rs. Rs. 4,80,000 is the taxable value of the perquisite.
(5) Mr. X owns a car which is used by him for official as well as private purposes. The
value of the perquisite shall be determined as follows:
Amount reimbursed by the employer 64,000
Less: Deduction for official use - [Rs. 1,800 p.m. (+) Rs. 900 p.m.] × 12] 32,400
Taxable Value of Perquisite 31,600
(6) The value of the perquisite shall be determined as follows:

Amount reimbursed by the employer 64,000
Less: Amount for official purposes as certified by the employer - [70% 44,800
or Rs. 64,000]
Taxable Value of Perquisite 19,200
(7) The employer maintains complete details of the expenditure. A certificate is also
given by the employer that the expenditure is incurred only for official purposes.
Therefore, nothing is chargeable to tax in the hands of Mr. X.
Answer 14
(1) Fixed Medical Allowance of Rs. 600 p.m. (i.e. Rs. 7,200 p.a.) is chargeable to tax. It
is an allowance and not a perquisite. It is always fully taxable irrespective of the
amount spent out of such allowance as medical expenditure.
(2) The perquisite shall be chargeable to tax in the hands of Mr. Y as under:
Particulars Value of medical Reimbursement of
facility provided in a expenses paid to
dispensary maintained a private medical
by the practitioner
employer
Not Taxable Taxable Taxable
taxable
at all
Mr. Y, Mrs. Y & minor child 9,100 - 2,000 -
Major son of Mr. Y 2,700 - - -
Parents of Mr. Y 3,000 - 3,700 -
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Parents of Mrs. Y - 12,000 - 3,000

Brother of Mr. Y 6,000 - - -
Sister of Mr. Y - 17,000 - -
Total 20,800 29,000 5,700 3,000
Less: Amount not taxable 20,800 NIL Nil NIL
Taxable Amount NIL 29,000 5,700 3,000
(3) Reimbursement of mediclaim/health insurance premium to Mr. Z shall be taxable as

under:
Particulars Not taxable Taxable Rs.
Rs.
On Mr. Z's health 800 -
On Mrs. Z's health 600 -
For the health of Mr. Z's father - 1,000
For the health of Mr. Z's major son 2,700 -
For the health of Mr. Z's dependent brother 400 -
For the health of Mrs. Z's father - 500
For the health of Mr. Z's grandfather - 1,000
Total 4,500 2,500
(4) Reimbursement of expenses shall be taxable as under:

Particulars Not Taxable Taxable
Rs.
Operation of Mrs. A 28,600 -
Eye's treatment 2,700 -
Private nursing home bills - 16,200
Total 31,300 16,200
Amount taxable NIL 16,200
Answer 15
(1) Any expenditure incurred by the employer on training/education of an employee is
not chargeable to tax in the hands of the employee as a perquisite. Hence, Seminar
Fees of Rs. 7,500 incurred by M/s A Ltd. for seminar on ‘Ind AS" attended by Mr. X is
not chargeable to tax in the hands of Mr. X.
(2) Rs. 25,800, paid/reimbursed by M/s B Ltd. to Mr. Y, being tuition fees of his son
Chintu is taxable fully in the hands of Mr. Y. No exemption in this regard would be
146
granted to Mr. Y as DPS, Noida is neither owned & maintained by M/s B Ltd. nor it is
an institution where M/s B Ltd. has some arrangements.
(3) Star Public School is owned & maintained by the M/s C Ltd. Therefore, the amount
taxable in the hands of Mr. Z as value of education facility will be as follows:
• For Aliya (daughter of Mr. Z) [(Rs. 5,500 - Rs. 1,000 - Rs. 800) x 12] Rs. 44,400
• For Bunty (brother of Mr. Z) [(Rs. 6,000 - Rs. 1,600) x 12] Rs. 52,800
(4) The taxable amount will be the same as is given in point no. (3) above.
Note: Alternatively 4,700 p.m. [5,500pm – 800 p.m. recovered from employee] could have
been tax.
Answer 16
(1) Mr. X is provided use of laptop by the employer. Nothing is chargeable to tax in this
case. Hence, taxable value of perquisite shall be NIL.
(2) Mr. Y is provided a music system by the employer. The taxable value of the perquisite
is determined @ 10% p.a. of the actual cost of the asset. Accordingly Rs. 690 (being
Rs. 15,000 × 10% × 168/365 days) is chargeable to tax.
(3) The taxable value of the perquisite in the hands of Mr. Z, Mr. Y and Mr. X shall be
determined as follows:
Particulars Car Computer Fridge
Rs. Rs. Rs.
Cost of the asset on May 15, 2019 6,96,000 1,17,000 40,000
Less: Normal wear & tear for the first year
ending May 14, 2020 (20% of Rs. 6,96,000, (1,39,200) (58,500) (4,000)
50% of Rs. 1,17,000 &
10% of Rs. 40,000)
Balance on May 15, 2020 5,56,800 58,500 36,000
Less: Normal wear & tear for the second
year ending May 14, 2021 (20% of Rs.
5,56,800, 50% of Rs. 58,500 & 10% (1,11,360) (29,250) (4,000)
of Rs. 40,000)
Balance on May 15, 2021 4,45,440 29,250 32,000
Less: Normal wear & tear from May 15,
2021 to January 1, 2022 (for a part of the
year, normal wear & tear is not deductible) Nil Nil Nil
147
Balance as on January 1, 2022 4,45,440 29,250 32,000

Less: Sale Consideration (2,10,000) (24,270) (1,000)
Taxable value of the perquisite 2,35,440 4,980 31,000
Note:
(1) In the case of car and computer/electronic items, normal wear and tear is calculated
@ 20% and 50% p.a. respectively on the basis of written down value. In the case
of any other asset, normal wear and tear is calculated at the rate of 10% p.a. on
straight line basis i.e. on the of actual cost of the asset to the employer.
(2) Normal wear & tear for a part of the year is not taken into consideration.
Answer 17
(i) As per section 17(2)(vi), the value of sweat equity shares chargeable to tax as
perquisite shall be the fair market value of such shares as on the date on which the
option is exercised by the assessee as reduced by the amount actually paid by, or
recovered from, the assessee in respect of such shares.
Particulars Rs
FMV of sweat equity shares as on the date of exercise of option 300,000
[1,000 shares x Rs. 300 per share]
Less: Amount recovered from Mr. Chandu [1,000 shares x Rs. 200 per (200,000)
share]
Taxable value of perquisite 100,000
Though the taxable value of perquisite is computed by considering the FMV as on the
date of exercise of option, however, this value shall be taxed in the P.Y. in which these
shares are allotted to the assessee.
(ii) As per section 49(2AA), the cost of acquisition of the sweat equity shares in order
to compute the amount of capital gains on transfer of such shares when these
share are subsequently sold by the assessee shall be the FMV of such shares as on
the date of exercise of option which has been taken into account for valuation of
perquisite u/s 17(2)(vi).
Therefore, in case of subsequent sale of sweat equity shares by Mr. Chandu, the
cost of acquisition to be considered to compute the amount of capital gains, would
be Rs. 3,00,000 i.e. the FMV as on the date of exercise of option by Mr. Chandu and
which has been taken into account for valuation of perquisite u/s 17(2)(vi) in his
hands.
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Answer 18
(i) Air Conditioners sold at nominal/concessional price:
As per Section 17(2)(viii) read with Rule 3(7), the benefit arising on transfer/sale of
any movable asset to the employee at a nominal price by the employer after its
use in the employer’s business shall be computed in the following manner:
Particulars Rs.
Original Cost of the Air Conditioners 200,000
Reduction towards normal wear & tear (i.e. depreciation) on SLM basis
for 4 years @ 10% [i.e. Rs. 2,00,000 x 10% x 4] (80,000)
Written Down Value 120,000
Amount recovered from the employee (i.e. selling price of the asset) (90,000)
Perquisite value 30,000
Thus, total value of perquisite chargeable to tax in the hands of Mr. Badrinath would be:
Rs. 20,880 (+) Rs. 30,000 = Rs. 50,880.
(ii) Loan from employer at concessional rate:

As per Section 17(2)(viii) read with Rule 3(7), value of the benefit resulting from the
provision of interest-free loan or loan at concessional rate provided to the employee
or any member of his household during the P.Y. shall be:
Interest computed on the amount of maximum outstanding monthly balance of the
loan as on the last day of each month by applying SBI’s prime lending rate as on
the 1st day of the relevant P.Y. for same type of loan and reduced by the amount of
interest, if any, actually paid by the employee on such loan. Accordingly, value of the
interest benefit arising out of the above housing loan & taxable in the hands of Mr.
Badrinath shall be:
Month Maximum outstanding balance of loan Value of interest benefit @ 4%
as on the last day of month Rs. i.e. [10% (-) 6%]
April [Rs. 6,00,000 - Rs. 12,000] = Rs. 5,88,000 x 4% × 1/12 =
Rs. 5,88,000 1,960
May [Rs. 5,88,000 - Rs. 12,000] = Rs. 5,76,000 x 4% × 1/12 =
Rs. 5,76,000 1,920
June [Rs. 5,76,000 - Rs. 12,000] = Rs. 5,64,000 x 4% × 1/12 =
Rs. 5,64,000 1,880
July [Rs. 5,64,000 - Rs. 12,000] = Rs. 5,52,000 x 4% × 1/12 =
Rs. 5,52,000 1,840
149
Aug [Rs. 5,52,000 - Rs. 12,000] = Rs. 5,40,000 x 4% × 1/12 =

Rs. 5,40,000 1,800
Sept [Rs. 5,40,000 - Rs. 12,000] = Rs. 5,28,000 x 4% × 1/12 =
Rs. 5,28,000 1,760
Oct [Rs. 5,28,000 - Rs. 12,000] = Rs. 5,16,000 x 4% × 1/12 =
Rs. 5,16,000 1,720
Nov [Rs. 5,16,000 - Rs. 12,000] = Rs. 5,04,000 x 4% × 1/12 =
Rs. 5,04,000 1,680
Dec [Rs. 5,04,000 - Rs. 12,000] = Rs. 4,92,000 x 4% × 1/12 =
Rs. 4,92,000 1,640
Jan [Rs. 4,92,000 - Rs. 12,000] = Rs. 4,80,000 x 4% × 1/12 =
Rs. 4,80,000 1,600
Feb [Rs. 4,80,000 - Rs. 12,000] = Rs. 4,68,000 x 4% × 1/12 =
Rs. 4,68,000 1,560
Mar [Rs. 4,68,000 - Rs. 12,000] = Rs. 4,56,000 x 4% × 1/12 =
Rs. 4,56,000 1,520
Taxable value of perquisite 20,880
Answer 19
Name of the Assessee: Mr. Anand
Status: Individual - ROR PAN: _____________________
P.Y.: _____________________ A.Y. : _____________________

Particulars Rs.
Basic Salary [Rs. 80,000 x 9] 7,20,000
Bonus 36,000
House Rent Allowance - [Note 1] 1,17,000
Employer’s contribution towards recognized provident fund in excess 23,600
of 12% of salary [i.e. Rs. 1,10,000 (-) Rs. 86,400 (12% of Rs. 7,20,000)]
Gratuity - [Note 2] 4,82,409
Uncommuted Pension [(Rs. 8,000 x 1) (+) (Rs. 8,000 x 25% x 2)] 12,000
Commuted Pension - [Note 3] 2,50,000
Accumulated Balance from RPF - [Note 4] NIL
150

Less : Deduction u/s
16(ia) – Standard Deduction (50000)
16(ii) - Entertainment Allowance (NIL)
16(iii) - Professional Tax Paid (2,000)
Income under the head Salary 15,89,009
Note:
(1) Taxable Value of House Rent Allowance

House Rent Allowance actually received 1,35,000
Less: Exempt u/s 10(13A) up to least of the following:
(a) Actual HRA received
(b) 50% of Salary [i.e. 50% of Rs. 7,20,000] 1,35,000
(c) Rent paid (-) 10% of Salary 360,000
(i) Rent Paid [Rs. 10,000 p.m. x 9] 90,000
(ii) 10% of Salary [i.e. 10% of Rs. 7,20,000] (72,000) 18,000 (18,000)
Taxable Value of House Rent Allowance 1,17,000
(2) Taxable Value of Gratuity

Gratuity actually received 20,51,640
(a) Actual Gratuity received 20,51,640
(b) Maximum Limit 20,00,000
(c) 15/26 (x) Last Drawn Salary p.m. (x) No. of years of
service [15/26 (x) Rs. 80,000 (x) 34 years] 15,69,231
(15,69,231)
Taxable Gratuity 4,82,409
(3) Taxable value of Commuted Pension

Since Mr. Anand is a non-government employee who is in receipt of
gratuity, exemption u/s 10(10A) in respect of commuted pension would be
available to the extent of 1/3rd of the fully commuted pension. And the amount of
taxable commuted pension would be computed in the following manner:
151
Amount of Commuted Pension Received 4,50,000

(a) Actual Commuted Pension received 4,50,000
(b) Maximum Amount of exemption - /3rd of (Rs.
1
(2,00,000)
450,000 (x) (2,00,000)
100/75
Taxable Amount of Commuted Pension 2,50,000

(4) Accumulated balance of recognized provident fund (RPF)
Since Mr. Anand has rendered a continuous service for a period of 5 years or more (i.e.
33 years and 7 months) in M/s XYZ Ltd; Rs. 6,00,000; representing the accumulated
balance of RPF, received on retirement by him is therefore fully exempt u/s 10(12).
Answer 20
Solution 1:
Name of the Assessee: Mr. M
Status: Individual - ROR PAN: ____________________
P.Y. : ____________________ A.Y.: ____________________

Particulars Rs. Rs.
Basic Salary [(Rs. 20,000 x 5) +(Rs. 25,000 x 7)] 275,000
Conveyance Allowance (Rs. 2,000 x 12) 24,000
Less : Exemption u/s 10(14) shall be least of following:
(a) Maximum Amount as per Income Tax Rules, 1962 -
19,200
(b) Amount Actually Received 24,000 (19,200) 4,800
Children Education Allowance [Rs. 500 p.m. for 2 children 6,000
for 12 months] or [Rs. 250 p.m.p.c. (x) 2 (x) 12]
(a) Maximum Amount as per Income Tax Rules, 1962
[Rs. 100 p.m.p.c. (x) 2 (x) 12] 2,400
Amount Actually Received 6,000 (2,400) 3,600
City Compensatory Allowance [Rs. 300 x 12] - [Fully Taxable] 3,600
152
Children Hostel Expenditure Allowance [Rs. 380 p.m. for

2 children for 12 months] or [Rs. 190 p.m.p.c. (x) 2 (x) 12] 4,560
(a) Maximum Amount as per Income Tax Rules, 1962
[Rs. 300 p.m.p.c. (x) 2 (x) 12] 7,200
(b) Amount Actually Received 4,560 (4,560) NIL
Tiffin Allowance - [Fully Taxable] - [Note 1] 5,000
Tax on employment paid by the employer - [Note 2] 2,500
Employer’s contribution to recognized provident fund 8,250
in excess of 12% of salary [15% (-) 12% i.e. 3% of Rs.
2,75,000]
Less : Deduction u/s
16(ia) – Standard Deduction (50,000)
16(ii) - Entertainment Allowance NIL (52,500)
16(iii) - Tax on employment - [Note 2] (2,500)
Income under the head Salary 2,50,250
Note:
(1) Tiffin Allowance is fully taxable, any amount spent out of such allowance has to be
ignored. Hence, actual expenses on tiffin amounting to Rs. 3,700 have been ignored.
(2) As per section 17(2)(iv), a ‘perquisite’ includes any sum paid by the employer in respect
of any obligation which, but for such payment, would have been payable by the
assessee. Therefore, professional tax of Rs. 2,500 paid by the employer is taxable
as a perquisite in the hands of Mr. M. Further, as per section 16(iii), a deduction
from the salary is provided on account of tax on employment i.e. professional tax
paid during the year. Therefore, in the present case, the professional tax paid by
the employer on behalf of the Mr. M amounting to Rs. 2,500 is first included in the
salary and deduction of this professional tax is then provided from the gross taxable
salary.
Answer 21
Name of the Assessee: Mrs. Chitralekha
Status: Individual – ROR PAN: ____________________
P.Y. : ____________________ A.Y. : ____________________
153

Particulars Rs.
Basic salary (Rs. 54,000 × 12) 6,48,000
Dearness allowance (Rs. 2,000 × 12) 24,000
Entertainment allowance (Rs. 24,500 × 12) 2,94,000
Special allowance (Rs. 50,000 × 12) 6,00,000
House rent allowance Rs. 1,08,000
Less: Exempt u/s 10(13A) - [WN 1] (Rs. 1,08,000) Nil
Helper allowance (Rs. 5,000 × 12) 60,000
Employer's contribution towards RPF in excess of 12% of salary
[i.e. (Rs. 7,000 × 12) - 12% of (Rs. 6,48,000 + Rs. 24,000)] 3,360
Interest credited in RPF A/c in excess of 9.5 % (i.e. Rs. 30,000/12 6,250
× 2.5)
Motor Car Facility [Rs. 1,37,800 + Rs. 12,600] 1,50,400
Free Lunch [(Rs. 55 - Rs. 50) × 100] 500
Free Club Facility 52,100
Gross Taxable Salary Less: 18,38,610
Deductions u/s 16 (50,000)
Income from Salary 17,88,610
Note:
(1) Amount of deduction in respect of HRA u/s 10 (13A) is determined on the basis of the
least of the following:
(a) Rs. 3,36,000 [being 50% of salary (i.e. Rs. 6,48,000 + Rs. 24,000)];
(b) Rs. 1,08,000 (being the house rent allowance actually received); and
(c) Rs. 1,24,800 [being the excess of rent paid over 10% of salary [(Rs. 16,000 × 12)
less 10% of (Rs. 6,48,000 + Rs. 24,000)].
Rs. 1,08,000, being the least of the above three sums, is exempt from tax u/s 10(13A).
(2) Helper Allowance for domestic purpose is chargeable to tax. Helper allowance for
engaging a helper for official purposes is, however, exempt u/s 10(14) to the extent
it is utilised for this purpose.
154
INCOME FROM HOUSE

PROPERTY
Introduction:
This chapter deals with income which falls under the head “Income from house property”.
While the scope of the income charged under this head is defined by section 22, the
computation of income falling under this head is governed by sections 23 to 27. All
the provisions having a bearing on tax treatment of income from house property are
explained in this chapter.
What is the basis of Charge (Sec. 22)

Section 22 specifies three conditions. All these 3 conditions must be satisfied by a property to be
treated as House property. These conditions are:
(1) The property must consist of buildings or lands appurtenant thereto
(2) The assessee must be the owner of such house property (owner includes deemed
owner)
(3) The property must not be utilised by the owner for his own business or profession
whose income is chargeable to income tax
Analysis of Section 22
(a) Building includes not only Residential Building but also Factory Building, Offices,
Shops, Godowns and other Commercial Premises where these are let out on floor
area basis
(b) Land Appurtenant means land connected to building, like garden, garage, etc.
The appurtenant land in respect of a residential building may be in the form of
approach roads to and from public streets, compounds, courtyards, gardens, cattle-
shed etc. The owner cannot apportion rent received from tenant. He should consider
entire rent as belonging to house property.
(c) Vacant Plot: Vacant plot without any building cannot be treated as building and
thus, income from such vacant plot is not taxable u/s 22, but u/s 56 as Income from
Other Sources.
(d) Buildings/ staff quarters let out to employees / allotted to employees as rent free
155
accommodation are treated as business premises. Hence they cannot be considered

as house properties u/s 22. Income from such property, if any, is incidental income
from business, as the intention is to enhance or maintain the existing business.
(e) Income from subletting is not income from house property because of absence of
ownership unless tenant is deemed owner u/s 27.
(f) Dispute in title of property: In case there is dispute in relation to ownership of the
property, the income therefrom shall be assessed according to decision taken by
Income tax department considering factors like receipt of such income & occupier of
the property.
(g) Foreign property: If the property is situated outside India & income is also received
outside India, it is brought to tax in India provided the assessee is R & OR (Resident in
India in case of assessees other than Individual & HUF). Income should be calculated
as per provisions of Income Tax Act by converting the relevant foreign currency into
INR at the rate prevailing on the last day of the previous year (i.e. closing TT
buying rate) if income is earned in foreign currency.

Section 23 Computation of Net annual Value Certain Concepts
For Calculating net annual value, house property 1. Municipal Value/MV is
must be classified as Let Out Property (LOP) or That value that the Municipal
Self Occupied Property (SOP) or Deemed to be Authorities deem as the
Let Out Property (DLOP) estimated annual rent of
 Section 23 (1) deals with Net Annual property for the purpose of
Value of LOP assessment of Property Taxes.
 Section 23(2) deals with Net Annual Mun Tax = % X
Value Of SOP & Municipal Value
 it also says that NAV of SOP must be Nil
 Section 23 (3) rules that if a property 2. Fair Rent/FR of the property is
is let out for part of the year & self - the rent fetched by a similar
occupied for part of the year it should property, in same or similar
be classified as LOP & its NAV must be locality, with same facilities.
calculated according to provisions of Generally it is estimated by
Section 23(1). approved valuer.
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 Section 23 (4) rules that if owner occupies 3. Standard Rent/SR SR is the

more than two properties owned by him maximum rent which a person
as SOP, any two properties at his choice can recover from the Tenant,
should be considered as SOP & its NAV under the Rent Control Act.
should be according to section 23 (2) (i.e
Zero NAV) & remaining SOPs should be
deemed to be let out (D.L.O.P.) & their
NAV should be according to Section 23
(1)
GROSS ANNUAL VALUE (G.A.V.) (Section 23)

(a) Annual letting value (A.L.V.) / Reasonable
letting value (R.L.V.) of the property
for the whole year, i.e. higher of fair
rent and municipal value, subject to
standard rent under the Rent Control
Act (if applicable).
(b) Actual rent received / receivable for the
period and portion actually let out, less
any unrealised rent, if any.
(c) Amount at (b) above, plus any rent for
the period the property was vacant.
If (c) < (a), (a) is G.A.V.
If (c) > = (a), (b) is G.A.V.
Section 23 as per Act Unrealised Rent

For the purposes of section 22, the annual value As per Rule 4, the unrealised
of any property shall be deemed to be - rent is the amount of rent
(a) the sum for which the property might payable but not paid by a tenant
reasonably be expected to let from year to of the assessee and so proved
year; or to be lost and irrecoverable.
(b) where the property or any part of the It shall be deducted from AR
property is let and the actual rent received only if following conditions are
or receivable by the owner in respect thereof satisfied —
is in excess of the sum referred to in clause (a) The tenancy is bonafide;
(a), the amount so received or receivable; or
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(c) where the property or any part of the (b) The defaulting tenant has
property is let and was vacant during the vacated or steps have been
whole or any part of the previous year taken to compel him to
and owing to such vacancy, the actual vacate the property;
rent received or receivable by the owner in (c) The defaulting tenant is not
respect thereof is less than the sum referred in occupation of any other
to in clause (a), the amount so received or property of the assessee;
receivable. and
Provided that the taxes levied by any local (d) The assessee has taken
authority in respect of the property shall be all reasonable steps to
deducted (irrespective of the previous year institute legal proceedings
in which the liability to pay such taxes was for the recovery of the
incurred by the owner according to the method unpaid rent or satisfies
of accounting regularly employed by him) in the Asses sing Officer that
determining the annual value of the property legal proceedings would
of that previous year in which such taxes are be useless.
actually paid by him.

Explanation - For the purposes of clause (b) or
clause (c) of this sub-section, the amount of
actual rent received or receivable by the owner
shall not include, subject to such rules as may
be made in this behalf, the amount of rent which
the owner cannot realise.
Self-Occupied Property (SOP) or Property Reserved for Self Occupancy –
A SOP can be
(a) Self Occupied House Property (now even 2 house properties in different building
structures), its NAV will be exempt u/s 23(2) (a).
OR
(b) Self Occupied Property kept vacant / reserved by the Assessee due to employment
or carrying on Business or Profession in any other place, and cannot use such a
property at the native place, its NAV will be exempt u/s 23(2)(b).
The SOP must satisfy following conditions :

(a) The property was not let out for any part of the previous year.
(b) No other benefit is derived from the property.
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NAV of two SOP is always NIL. Thus regarding SOP, the following are irrelevant:
- Municipal value
- Fair Rent
- Standard rent
- Municipal taxes
Deemed to be let out property-Section 23 (4)

If an owner owns & occupies more than two house properties for self-residence, the
benefit of section 23(2) can be granted in case of two house properties only & remaining
such properties are deemed to be let out (DLOP) .
Annual value of such DLOP should be calculated u/s 23(1)(a) i.e. ALV only.
GAV of DLOP: Municipal Value p.a & Fair rent p.a. whichever is more is designated as
Expected rent.
Expected rent or Standard Rent whichever is less is GAV for DLOP.
Sec.23 (5): Where the property consisting of any building or land appurtenant thereto is held
as stock-in-trade (constructed / purchased for selling the property) and the property or
any part of the property is not let during the whole or any part of the previous year,
the annual value of such property or part of the property, for the period up to TWO years
from the end of the financial year in which the certificate of completion of construction of
the property is obtained from the competent authority, shall be taken to be nil.”.
Note : If it is the business of the assessee to buy property and give it on rent, then income
from such property will be taxable under “Income from business and profession”, as
per judgement of Supreme Court in case of “Rayala Corporation Pvt. Ltd. v/s Assistant
Commissioner of Income tax”.
DEDUCTIONS AVAILABLE FROM NET ANNUAL VALUE (N.A.V.) [Sec. 24]:

After determining Net Annual Value of the house property, deductions U/s 24 must be
given. These are as below:
(1) Standard Deduction.

It is 30% of Net annual value. It is standard amount in respect of expenses connected
with house property excluding interest on borrowed capital.
Thus assessee cannot get separate deduction for expenses like insurance premium,
lease rent, annual charge, repairs, land revenue etc. If such actual expenses are
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given these should be ignored altogether.
(2) Interest On Borrowed Capital.

(i) Interest on borrowed capital is allowable as deduction on accrual basis if
capital is borrowed for the purpose of construction, repair, renewal,
reconstruction or acquisition of the house property. (CRRRA)
(ii) As the deduction is available on “accrual basis” it should be claimed as deduction
on yearly basis, even if the interest is not actually paid during the year.
(iii) Interest on unpaid interest / Interest on Interest is not deductible.
(iv) Interest on a fresh loan taken to repay the original loan raised for the aforesaid
purposes, is allowable as deduction.
(v) Pre-construction period interest is allowed at 1/5 of the interest over 5 years.
(vi)
NO DEDUCTION for Interest on loan remitted abroad / sent abroad
without deducting tax at source in India -Section 25.
(vii)
NO DEDUCTION if the loan is taken for purposes other than construction,
repair, renewal, reconstruction or acquisition of the house property.(CRRRA).
Thus if the loan is taken for personal purposes like for children’s marriage,
education etc. or business purposes, no deduction should be made.
(viii) Brokerage / Commission for arranging a loan, is not deductible.
Interest on loan for L.O.P. / D.L.O.P. / L.O.P. with S.O.P

The actual interest due is fully allowed as a deduction under section 24(b) without any
maximum limit.
Interest on loan for S.O.P.

The maximum deduction can be either ` 30,000 or ` 2,00,000. Deduction in no case i.e.
House 1 and House 2 aggregate interest due cannot exceed either 30,000 or 2,00,000
whichever maximum permissible limit is applicable.
When SOP interest maximum is ` 2,00,000?

If following 4 conditions are simultaneously satisfied, the deduction for interest can be
maximum ` 2,00,000.
1. The loan should be taken on or after 1-4-1999.
2. Loan must be for Construction or Acquisition of SOP.
(Loan should not be for Reconstruction, Repair or Renovation)
3. The date of completion of construction or the date of acquisition should be within 5
160
years from the end of the Financial Year in which the loan is taken.
E.g.: Loan taken on 20 Aug 2016
FY end 31 Mar 2017
Add 5 years 31 Mar 2022
If the construction or acquisition is completed within 31 March 2022, the maximum
deduction is ` 2,00,000. Otherwise it is ` 30,000 only.
4. Certificate of Interest from lender is obtained.
If anyone the conditions is not satisfied, the maximum interest in case of SOP is only
` 30,000.
Pre-construction Interest / Prior Period Interest :

The deduction for Interest on borrowed capital will also include Pre-construction Period
Interest. Pre-Construction Period Interest means the interest for the period prior to
completion of construction or acquisition of the house property. It is calculated as follows:
Pre-Construction Period Interest = outstanding x rate of x Pre-Construction

loan amount Interest p.a Period
Pre-construction Period
From: Date of taking loan
To: A day prior to the P.Y. in which the construction / acquisition is completed.
The pre-construction period interest shall be allowed in five equal annual installments
(i.e. 1/5 each year) starting from the P.Y. in which construction or acquisition is completed.
Thus within first five years:

Actual Interest = Interest for Previous Year +1/5 x PCPI
After first five years:
Actual Interest = Interest for Previous Year
Tax Treatment Of Recovery of Arrears of Rent and Recovery of Unrealised rent U/s 25A
Meaning: Arrears of Rent means the disputed rent belonging to earlier financial years, or
receipt of past period rent when retrospective increase is accepted by tenant.
If the tenant had not paid rent for any past period, it is termed as unrealised rent.
Subsequently, if the tenant pays the unrealised rent, either fully or partly, it will be the
owner's income in the year of recovery.
Chargeability: Receipt of Arrears of Rent and recovery of unrealised rent will be chargeable
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to tax under the head Income from House Property only.

Year of Taxability: It is taxable as income of the financial year in which the arrears or
unrealised rent are received.
Ownership not a condition: It will be taxable in the hands of the assessee, even if he does
not own the property in the year of recovery.
Deduction: A standard deduction of 30% of the amount of arrears received or unrealised
rent received will be allowed as deduction. Any other expenses cannot be deducted.
CO-OWNERSHIP Section 26:

Where a property is owned by two or more persons jointly and their respective shares are
definite and ascertainable, income from such property shall not be assessed on such persons
as association of persons (A.O.P), but the shares of each such person from the property
shall be included in his respective total income.
If any portion of the house belonging to a co-owner is occupied by him for his own
residence, that portion will be treated as self - occupied house and its annual value will
be NIL i.e. it will be exempt from tax and each co-owner is entitled to interest deduction
within a maximum limit of 30,000 / 2,00,000 as the case may be for his unit /units u/s
24(b).
If any property or part of such a property belonging to the co-owners is let out, then the
income will be calculated as per L.O.P. provisions as if such a property or part interest
is owned by one owner only and the final computed income or loss will be distributed
amongst each co-owner as per their co-ownership ratio.
The S.O.P. NIL / Loss along with the L.O.P. share, is the income from house property of
each co-owner.
DEEMED OWNERS [Section 27]

As per Section 27 following persons will be deemed to be the owner of the property and
hence responsible for payment of tax under this head:
(1) An individual who transfers house property without adequate consideration to his or
her spouse (not being a transfer in connection with an agreement to live apart) or
to his minor child (not being a married daughter).
(2) A member of a co-operative society, company or other association of persons, to
whom a building is given under a house building scheme of the organisation.
(3) Any person who is allowed to retain possession of any building as per section 53A
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of the TRANSFER OF PROPERTY ACT, 1882.

Sec. 53A comes into operation only if the following conditions are satisfied :
(a) There should be a contract for consideration, in the writing, duly signed, in
relation to transfer of immovable property.
(b) The transferee should have taken the possession of the property.
(c) The transferee has performed or is willing to perform his part of the contract.
The transferee shall be considered to be the owner, even if the instrument of
transfer is not registered.
(4) The holder of an impartible estate is deemed to be the owner of all the properties
comprised in the estate.
E.g.: Mr. A has a property consisting of 6 flats and a terrace. He divided his 6 flats
amongst his 6 sons. Ownership of terrace has not been transferred but given to
eldest son.
However, remaining 5 sons are having the right to enjoy the benefit. In such a case
the eldest son shall be treated as holder of an impartible asset i.e. terrace.
(5) A person who acquires any right (excluding any rights by way of a lease from month
to month for a period not exceeding one year) in or with respect to any building or
part thereof by virtue of a transfer by way of lease for a term of not less than 12
years. (Whether fixed originally or there a provision for extension of term and the
aggregate period is not less than 12 years).

163
CLASSWORK PROBLEMS
“Unless specifically mentioned, the provisions of section 115BAC is not to be considered."
Question 1
Compute GAV
PARTICULARS ` ` ` ` `
M.V. 30,000 30,500 30,000 40,000 70,000
F.R. 32,500 33,000 32,250 39,000 75,000
SRRCA 29,750 29,500 31,500 42,500 60,000
Actual rent received 33,000 24,938 21,000 27,000 8,000
Property Vacant in 1 1 1/2 5 3 10
months
Vacancy rent 3,000 3,562 15,000 9,000 40,000
Question 2
You are required to calculate interest on pre-construction period in respect of following assesses:
Assesses A B C
Date of Taking loan 1 Jun 2015 11 April 2021 15 Oct 2017
Date of Starting Construction 1 Nov 2015 31 March 2021 1st Dec 2017
Date of Complete of Construction 10 Aug 2021 20 Jan 2022 20 July 2021
Amount of Loan 12,00,000 5,00,000 23,00,000
Rte of interest p.a. 12% 15% 13.5%
Pre- Construction Period:
From
To
Pre-Construction Period (in month)
Interest (in `)
Question 3
Ganesh has a property whose municipal valuation is 2,50,000 p.a. The fair rent is 2,00,000
p.a. and the standard rent fixed by the Rent Control Act is 2,10,000 p.a. The property was
let out for a rent of 20,000 p.m. However, the tenant vacated the property on 31.1.2022.
Unrealised rent was 20,000 and all conditions prescribed by Rule 4 are satisfied. He paid
municipal taxes @ 8% of municipal valuation. Interest on borrowed capital was 65,000
for the year. Compute the income from house property of Ganesh for A.Y.2022-23.
164
Question 4
Poorna has one house property at Indira Nagar in Bangalore. She stays with her family in
the house. The rent of similar property in the neighbourhood is 25,000 p.m.
The municipal valuation is 23,000 p.m. Municipal taxes paid is 8,000. The house
construction began in February 2014 with a loan of 20,00,000 taken from SBI Housing
Finance Ltd. The construction was completed on 30.11.2017. The accumulated interest
up to 31.3.2017 is 1,50,000. During the previous year 2021- 22, Poorna paid 2,40,000
which included 1,80,000 as interest. Compute Poorna’s income from house property for
A.Y. 2022-23.
Question 5
Mr. Suraj has one house property consisting of identical units. Unit 1 is SOP throughout
the year and Unit 2 is LOP for 5 and a half month at 30000 p.m. and SOP for 6 months
and vacant for half month. One month rent could not be realized as per rules. Fair
rent and municipal value of entire house is Rs. 27000 p.m. and 26000 p.m. respectively.
Standard rent under the Rent Control Act is 30000 p.m. Municipal taxes for the entire
house payable is rs. 22000 whereas paid is only rs. 20000/-. Interest on loan due (loan
taken on 5.5.98) is Rs 65000 for financial year 2021-22. Compute income from house
property.
Question 6
Mrs. Rohini Ravi, a citizen of the U.S.A., is a resident and ordinarily resident in India during
the financial year 2021-22. She owns a house property at Los Angeles, U.S.A., which is
used as her residence. The annual value of the house is $20,000. The value of one USD
($) may be taken as 60.
She took ownership and possession of a flat in Chennai on 1.7.2021, which is used for
self-occupation, while she is in India. The flat was used by her for 7 months only during
the year ended 31.3.2022. The municipal valuation is 32,000 p.m. and the fair rent is
4,20,000 p.a. She paid the following to Corporation of Chennai:
Property Tax 16,200

Sewerage Tax 1,800
165
She had taken a loan from Standard Chartered Bank for purchasing this flat. Interest on
loan was as under:
`
Period prior to 1.4.2021 49,200
1.4.2021 to 30.6.2021 50,800
1.7.2021 to 31.3.2022 131300
She had a house property in Bangalore, which was sold in March, 2015. In respect of this
house, she received arrears of rent of 60,000 in March, 2022. This amount has not been
charged to tax earlier.
Compute the income chargeable from house property of Mrs. Rohini Ravi for the assessment
year 2022-23, exercising the most beneficial option available.
Question 7
Two brothers Arun and Bimal are co-owners of a house property with equal share. The
property was constructed during the financial year 1998-1999. The property consists of
eight identical units and is situated at Cochin.
During the financial year 2021-22, each co-owner occupied one unit for residence and
the balance of six units were let out at a rent of 12,000 per month per unit. The municipal
value of the house property is 9,00,000 and the municipal taxes are 20% of municipal
value, which were paid during the year. The other expenses were as follows:
`
(i) Repairs 40,000
(ii) Insurance premium (paid) 15,000
(iii) Interest payable on loan taken for construction of house 3,00,000
One of the let out units remained vacant for four months during the year.
Arun could not occupy his unit for six months as he was transferred to Chennai. He does
not own any other house.
The other income of Mr. Arun and Mr. Bimal are 2,90,000 and 1,80,000, respectively, for
the financial year 2021-22.
Compute the income under the head ‘Income from House Property’ and the total income
of two brothers for the assessment year 2022-23.
166
Question 8
Smt. Rajalakshmi owns a house property at Adyar in Chennai. The municipal value of
the property is ` 5.00,000, fair rent is ` 4,20,000 and standard rent is ` 4,80,000. The
property was let-out for ` 50,000 p.m. up to December 2021. Thereafter, the tenant
vacated the property and Smt. Rajlakshmi used the house for self- occupation. Rent for
the months of November and December 2021 could not be realized in spite of the owner’s
efforts. All the conditions prescribed under Rule 4 are satisfied. She paid municipal taxes
@ 12% during the year. She had paid interest of ` 25,000 during the year for amount
borrowed for repairs for the house property. Compute her income from house property
for the A.Y. 2022-23.
Question 9
Prem owns a house in Madras. During the previous year 2021-22, 2/3rd portion of the
house was self-occupied and 1/3rd portion was let out for residential purposes of a
rent of ` 8,000 p.m. Municipal value of the property is ` 3,00,000 p.a. He paid municipal
taxes @ 10% of municipal value during the year. A loan of ` 25,00,000 was taken by him
during the year 2017 for acquiring the property. Interest on loan paid during the previous
year 2021-22 was ` 1,20,000. Compute Prem’s income from house property for the A.Y.
2022-23.
Question 10
Mr Rajesh owns a residential house, let out for a monthly rent of ` 15,000. The fair rental
value of the property for the let out period is ` 1,50,000. The house was self-occupied
by him from 1st January, 2022 to 31st March, 2022. He has taken a loan from bank of `
20 lacs for the construction of the property, and has repaid ` 1,05,000 (including interest
` 40,000) during the year.
Compute Rajesh’s income from house property for the Assessment Year 2022-23.

167
HOME WORK PROBLEMS
Question 1
Mr. Vikas owns a house property whose Municipal Value, Fair Rent and Standard Rent are
` 96.,000, ` 1,26,000 and Rs. 1,08,000 (per annum), respectively.
During the Financial Year 2021-22, one-third of the portion of the house was let out for
residential purpose at a monthly rent of ` 5,000. The remaining two-third portion was
self-occupied by him. Municipal tax @ 11% of municipal value was paid during the year.
The construction of the house began in June, 2014 and was completed on 31-5-2017.
Vikas took a loan of ` 1,00,000 on 1-7-2014 for the construction of building.
He paid interest on loan @ 12% per annum and every month such interest was paid.
Compute income from house property of Mr. Vikas for the Assessment Year 2022-23.
Answer
Computation of income form house property of Mr. Vikas for the A.Y. 2022-23.
Particulars ` `
Income from house property
I. Self-occupied portion (Two third)
Net Annual value Nil
Less: Deduction under section 24(b)
Interest on loan (See Note below) (` 18,600 x 2/3) 12,400
Loss from self-occupied property (12,400)
II. Let-out portion (One third)
Gross Annual Value
(a) Actual rent received (` 5,000 x 12) ` 60,000
(b) Expected rent ` 36,000
[higher of municipal valuation (i.e., ` 96,000) and fair rent
(i.e., ` 1,26,000) but restricted to standard rent
(i.e., ` 1,08,000)] = ` 1,08,000 x 1/3 60, 000
Higher of (a) or (b)
Less: Municipal taxes ` 96,000 x 11% x 1/3) 3,520
Net Annual Value 56,480
Less: Deductions under section 24
(a) 30% of NAV 16,944
(b) Interest on loan (See Note below) (` 18,600 x 1/3) 6,200 13,336
Income from house property 20,936
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Note: Interest on loan taken for construction of building

Interest for the year (1.4.2021 to 31.3.2022) = 12% of ` 1,00,000 = ` 12,000
Pre-construction period interest = 12% of ` 1,00,000 for 33 months (from 1.7.2014
to 31.3.2017) = ` 33,000
Pre-construction period interest to be allowed in 5 equal annual installments of ` 6,600
from the year of completion of construction i.e. from F.Y. 2017-18 till F.Y. 2021-22.
Therefore, total interest deduction under section 24 = ` 12,000 + ` 6,600 = ` 18,600.
Question 2
Mr. N is the owner of three house properties in Delhi, particulars in respect of which for
the year ended 31.3.2022 are as below:
Particulars I House II House III House
(i) Construction started on 1.4.1993 1.8.1993 1.7.1988
(ii) Construction completed on 31.12.1994 31.1.1994 31.12.1989
Amount (`) Amount (`) Amount (`)
Actual Rent received 3,50,000 1,90,000 self- occupied
Standard Rent 4,50,000 4,00,000 N.A.
Municipal Value 6,00,000 1,90,000 2,78,000
Amount (`) Amount (`) Amount (`)
Municipal Taxes (paid by owner) 60,000 19,000 1,20,000
Cost of repairs (borne by tenant) 10,000 70,000
Collection charges 15,000 13,000
Insurance premium 10,000 12,000 26,000
(Paid) (Not paid)
Interest on loan taken for renovation 24,000 30,000 60,000
of house
Unrealised rent allowed in the past, 20,000
recovered during the year
Mr. N, resided in Bombay for three months during the previous year in connection with
his business and for all these months the house remained vacant. During the period of
his stay in Delhi he did not occupy any other house of his own. Compute Mr. N’s “Income
from house property” for the assessment year 2022-23.
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Answer
Particulars I II III
(`) (`) (`)
G ross annual value 4,50,000 1,90,000
Less: Municipal taxes (60,000) (19,000) —
Net annual value 3,90,000 1,71,000
Less: Deductions u/s 24 — —
(a) Standard deduction @ 1,17,000 51,300
30%
(b) Interest 24,000 (1,41,000) 30,000 (81,300) (30,000)
2,49,000 89,700 (-) 30,000

House I 2,49,000
House II 89,700
House III (-) 30,000
3,08,700
Add: Unrealised rent
Recovered 20,000
Less: Standard deduction (6,000) 14,000
Income from House Property 3,22,700
Question 3
Mr. X is the owner of a residential house, whose construction was completed on 31.8.1995.
It has been let out from 1.12.1995 for residential purposes. Its particulars for the financial
year 2021-22 are given below:
170
S. No. Particulars Amount (`)

(i) Municipal valuation 55,000
(ii) Expected fair rent per annum 60,000
(iii) Standard rent under the Rent Control Act 6,000 p.m.
(iv) Actual monthly rent 6,000 p.m.
(v) Municipal taxes (including ` 5,000 paid by tenant) paid 1,5000
(vi) Water/sewage benefit tax levied by State Government but 6,000
disputed in Court
(vii) Fire Insurance payable 800
(viii) Interest on loan taken for the construction of the house.
The interest has been paid outside India to a non-resident
without deduction of tax at source, as the non-resident agreed
to pay income tax on such interest directly to the Government 10,000
(ix) Legal charges for the recovery of rent 4,000
(x) Stamp duty and registration charges incurred in respect of the
lease agreement of the house 2,000
Compute his income from house property for the assessment year 2022-23.
Answer
Particulars Amount (`) Amount (`)
Gross Annual Value, higher of the following two 72,000
(a) Municipal value (` 55,000), Fair rent (` 60,000) 60,000
whichever is more but restricted to standard rent
(b) Actual rent received or receivable (6,000 x 12) 72,000
Less: Municipal taxes (10,000)
Net annual value 62,000
Less: Standard deduction @ 30% u/s 24(a) (18,600)
Question 4
Ganesh has three houses, all of which are self-occupied. The particulars of the houses for
the P.Y. 2021-22 are as under:
171
Particulars House I House II House III

Municipal valuation p.a. ` 3,00,000 ` 3,60,000 ` 3,30,000
Fair rent p.a. ` 3,75,000 ` 2,75,000 ` 3,80,000
Standard rent p.a. ` 3,50,000 ` 3,70,000 ` 3,75,000
Date of completion/purchase 31.3.1999 31.3.2001 01.4.2014
Municipal taxes paid during the year 12% 8% 6%
Interest on money borrowed for repair 55,000
of property during the current year
Interest for current year on money 1,75,000
borrowed in July 2018 for purchase of
property
Compute Ganesh’s income from house property for A.Y.2022-23 and suggest which houses
should be opted by Ganesh to be assessed as self-occupied so that his tax liability is
minimum.
Answer
Let us first calculate the income from each house property assuming that they are deemed
to be let out.
Computation of income from house property of Ganesh for the A.Y. 2022-23.
Particulars Amount in `
House I House II House III
Gross Annual Value (GAV)
ER is the GAV of house property
ER = Higher of MV and FR, but 3,50,000 3,60,000 3,75,000
restrict-ed to SR
Less: Municipal taxes (paid by the (36,000) (28,800) (19,800)
owner during the previous year)
Net Annual Value (NAV) 3,14,000 3,31,200 3,55,200
(a) 30% of NAV (94,200) (99,360) (1,06,560)
(b) Interest on borrowed capital (55,000) (1,75,000)
Income from house property 2,19,800 1,76,840 73,640
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Ganesh can opt to treat any two of the above house properties as self-occupied. OPTION
1 (House I and II– self-occupied and House III – deemed to be let out) If House I and II are
opted to be self-occupied, the income from house property shall be –
House I (Self-occupied) Nil
House II (Self-occupied) (interest deduction restricted to ` 30,000) (30,000)
House III (Deemed to be let-out) 73,640
OPTION 2 (House I and III – self-occupied and House II – deemed to be let out) If House I and
III are opted to be self-occupied, the income from house property shall be –
House I (Self-occupied) Nil
House II (Deemed to be let-out) 1,76,840
House III (Self-occupied) (1,75,000)
OPTION 3 (House II and III – self-occupied and House I – deemed to be let out) If House II and
III are opted to be self-occupied, the income from house property shall be –
House I (Deemed to be let-out) 2,19,800
House I (Deemed to be let-out)
House II (Self-occupied) (interest deduction restricted to ` 30,000)
(30,000)
House III (Self-occupied) (1,75,000)
(Total interest deduction of 2,05,000 restricted to ` 2,00,000 (2,00,000)
maximum allowed)
Since Option 2 is most beneficial, Ganesh should opt to treat House I and III as self-
occupied and House II as deemed to be let out. His income from house property would
be ` 1,840 for the A.Y. 2022-23.
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PROFITS & GAINS FROM

BUSINESS OR PROFESSION
Basis of Charge – [Section 28]
General Charge:
As per the provisions of section 28(i) ;
- profits & gains;
- derived from any business or profession;
- carried on by the assessee;
- at any time during the previous year;
- shall be charged to tax under the head ‘PGBP’.
In other words, all the following conditions must be satisfied in order to bring any income under
the purview of this head:
 there should be a business or profession;
 such business or profession must be carried on by the assessee; and
such business or profession must be carried on at any time during the previous year.
Specific Charge:
Certain incomes are specifically charged to tax under the head ‘PGBP’ only and those
incomes are discussed as under:
(1) Any compensation or any other payments due to or received by any person:
(a) for termination or modification of managing agent’s agreement in relation to an
Indian company or any other company for its affairs in India.
(b) for termination or modification of contract relating to an agency in India.
(c) for vesting of management of any property or business with Government or any
Corporation owned or controlled by the Government.
(d) at or in connection with the termination or modification of the terms and conditions,
of any contract relating to his business.
(2) Income derived by any trade, professional or similar associations from specific services
174
rendered to its members.
(3) Incentives received or receivable by assessee carrying on export business:

(a) profit on sale of import entitlements.
(b)
cash assistance against exports.
(c) customs duty or excise duty re-paid or repayable as Duty Drawback
(d) profit on transfer of Duty Entitlement Pass Book (DEPB) or Duty Free Replenishment
Certificate (DFRC).
(4) Value of any benefit or perquisite arising from business or the exercise of a profession.
(5) Any interest, salary, bonus, commission or remuneration, by whatever name called, due to
or received by a partner of a firm from such firm to the extent allowed to the firm.
(6) Any sum received or receivable, in cash or kind:

(a)
for not carrying out any activity in relation to any business or profession;
However, following sums received or receivable shall not be chargeable to tax
under the head ‘PGBP’:
(i) any sum, whether received or receivable, in cash or 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’.
(ii) any sum received as compensation, from the multilateral fund of the
Montreal Protocol on Substances that Deplete the Ozone layer under the
United Nations Environment Programme, in accordance with the terms of
agreement entered into with the Government of India.
(b) for 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 provision for services.
(7) Any sum received under a keyman insurance policy (including bonus, if any) (if the same
is not taxable under the head ‘Salary’ or ‘Other Sources’).
(8) Any sum received or receivable, in cash or kind, on account of any capital asset (in respect
of which deduction has been allowed u/s 35AD) being demolished, destroyed, discarded or
transferred.
175
(9) FMV of inventory as on the date of its conversion or treatment as capital asset, determined
in the prescribed manner, would be chargeable to tax as business income.
Note:
(1) Business:
As per section 2(13), the term business includes any (a) trade, (b) commerce; or (c)
manufacture; or (d) any adventure or concern in the nature of trade, commerce or
manufacture.
The definition of business as given above is an inclusive definition and not an
exhaustive one, therefore, the meaning assigned to the term business shall not be
restricted merely to the activity of trade, commerce or manufacture.
The activities which constitute carrying of business consist of rendering of services
to others as the term business in common parlance, denotes some activity, which is
carried on by devoting time, attention and labour of person with an intention to make
profits.
Further, the term business is generally understood to be a systematic and organised
course of activity or conduct with a set purpose, but, an isolated transaction may also be
considered as business. The requirement is that it must have an element of trade or profit
motive.
(2) Profession:
The term ‘profession’ refers to an occupation or activity requiring purely intellectual
or manual skill on the basis of some special learning. There should be some special
qualification of a person apart from skill & ability, which is required in carrying on
any activity which could be considered as profession. This could be having education
in a particular system either in a college, university or institute or it may be even by
experience.
Further, as per section 2(36) profession also includes vocation and the term ‘vocation’
refers to any activity on which a person spends major part of his time in order to earn
his livelihood. Vocation is the activity, which is not done on the basis of knowledge
acquired but is performed on account of inborn talent, skills and attributes.
The distinction between business, profession or vocation is however not material, be-
cause the income from all these activities is taxable under the same head i.e. ‘PGBP’
(3) The profits & gains for each business must be computed separately but the tax chargeable
under this head is not on the separate income of every distinct business but on the aggregate
profits of all the businesses carried on by the assessee during the previous year.
176
(4) (a) Revenue receipts are always taxable unless specifically Exempt.
(b) Capital receipts are always exempt unless specifically taxable.
(c) Revenue Exps are always allowed unless specifically disallowed.
(d) Capital Exps are always disallowed unless specifically allowed.
(5) Revenue receipts are always taxable unless specifically exempt
(6) Capital receipts are always exempt unless specifically taxable.
(7) Revenue Exps are always allowed unless specifically disallowed
(8) Capital Exps are always disallowed unless specifically allowed.
(9) Profits should be computed after deducting the losses and expenses incurred for
earning the income in the regular course of the business, profession, or vocation
unless the loss or expenses is expressly or by necessary implication, disallowed by
the Income Tax Act, 1961. The charge is not on the gross receipts but on the profits
& gains.
(10) Cases where the income would not be taxable under the head ‘PGBP’:
(i) Rental Income from House Property:
Rental income from house property is taxable under the head ‘House Property’
even if it is received by an assessee being a property dealer and the concerned
house property forms part of the stock-in-trade of the business of such
assessee.
However, if the residential houses/flats are let out to the employees for the
efficient conduct of the assessee’s own business and letting of house properties
is not the main business of the assessee but it is subservient and incidental
to the main business, income from such letting shall be taxable as business
income.
Further, the Hon’ble Supreme Court in the case of Chennai Properties & Investments
Ltd. has held that rental income from properties of company shall be taxable
under the head ‘PGBP’ and not under the head ‘House Property’ if the main
object of the company as per its memorandum of association (MOA) is to let-out the
properties.
177
(ii)
Dividend on Shares:
Where an assessee carries on the business of dealing in shares and holds such
shares as stock-in-trade, then the dividend income on such shares shall be
assessed under the head ‘Other Sources’ as per the specific charge created u/s
56(2)(i) and not under this head.
(iii)
Income from an Activity of owning & maintaining Race Horses:
Where the assessee carries on the activity of owning & maintaining race horses,
any income (after deducting the related expenses) shall be chargeable to tax
under the head ‘Other Sources’.
(iv)
Casual Incomes:
Casual Incomes such as winnings from lotteries, crossword puzzles, horse races
& game shows etc. shall always be chargeable to tax under the head ‘Other
Sources’ even if the assessee participates in such activities on a regular or
continuous basis.
(11) Income derived from any speculative transaction shall also be charged to tax under
the head ‘PGBP’.
Computation of Income under the head ‘PGBP’ - [Section 29]

 As per the provisions of section 29, profits & gains chargeable to tax under the head
‘PGBP’ shall be computed in accordance with the provisions as laid down in sections
30 to 43D.
 In other words, deductions allowable and disallowances under the head ‘PGBP’ are
to be considered while computing the profits & gains chargeable to tax under the
head ‘PGBP’.
 Further, the losses which are incidental to the business or profession of the assessee
shall also be allowed to be deducted even though there are no specific provisions
with regard to their allowability while computing the profits & gains chargeable to
tax under this head.
Note:
As per the provisions of section 145(1), the incomes under the head ‘PGBP’ or ‘Other Sources’
shall be computed in accordance with either cash system or mercantile system of accounting,
which is regularly followed by the assessee.
However, as per section 145(2), such computation shall be made subject to the specific principles
as laid down under the Income Computation and Disclosure Standards (ICDS) which are notified
by the Central Government in this regard from time to time - (to be studied in Final C.A.).
178
In general, there are two ways in which the income under the head ‘PGBP’ can be computed viz.
Indirect Method and Direct Method.
Indirect Method:
The indirect method of computation of income under the head ‘PGBP’ is normally adopted
when the amount of Net Profit/(Loss) or Surplus/(Deficit) as per the Profit & Loss A/c or
Income & Expenditure A/c is provided in the question.
Computation of Income as per the Indirect Method:

Particulars (`)
Net Profit/(Loss) as per the Profit & Loss A/c xx
Add: Expenses debited to the Profit & Loss A/c but not allowable under the xx
head ‘PGBP’
Less: Incomes credited to the Profit & Loss A/c but not taxable under the (xx)
head ‘PGBP’ or
Exempt as per the provisions of Income Tax Act, 1961
xx
Less: Expenses allowable under the head ‘PGBP’ but not debited to the Profit (xx)
& Loss A/c xx
Add: Incomes taxable under the head ‘PGBP’ but not credited to the Profit &
Loss A/c
Income chargeable to tax under the head ‘PGBP’ xx
Direct Method:
Direct method of computation of income under the head ‘PGBP’ is normally adopted
when Cash Book, Bank Pass Book, Receipts & Payments A/c is provided in the question i.e.
the question does not give any details about the figures of Net Profit/(Loss) or Surplus/
(Deficit).
Computation of Income as per the Direct Method:

Particulars (`)
Gross Receipts from business or profession carried on by the assessee xx
Less: Deductions allowable as per the provisions of section 30 to 37 (xx)
Income chargeable to tax under the head ‘PGBP’ xx
179
Provisions to be studied under the head ‘PGBP’
Deductions Disallowances Deemed Incomes Miscellaneous

Allowable Provisions
Section 30 to Section 37(2B), Section 41 Section 43A, 43CA,

37(1) 38, 40, 40A & 43B 44AA, 44AB, 44AD,
44ADA, 44AE
Deductions Allowable - [Section 30 to 37(1)]

Rent, Rates & Taxes, Repairs & Insurance Premium for Building - [Section 30]
Rent, rates & taxes, repairs and insurance premium in respect of a building which is
used by the assessee for the purpose of his business or profession shall be allowed as a
deduction u/s 30.
Such building may be owned by the assessee or it may have been taken on rent by the assessee.
Deduction u/s 30 shall be allowed in the following manner:

Nature of Expense Building is owned Building is taken on
by the assessee rent by assessee
Rent - (Note 1) ✗ ✓
Rates & Taxes - (Note 2) ✓ ✓
Insurance Premium for risk of damage or de- ✓ ✓
struction
Repairs - (Note 3) ✓ ✓
Note:
(1) If the assessee is the owner of the building and occupies it for his business or
profession, then, no deduction shall be allowed u/s 30 in respect of notional rent of such
building.
However, where a firm runs its business in the building owned by one of its partners,
then, the rent payable by the firm to the partner shall be allowable as deduction
u/s 30 to the firm to the extent it is reasonable and is not excessive.
If the assessee has sub-let a part of the building, then, the allowance u/s 30
would be limited to the difference between the rent paid by the assessee and the
rent recovered from the sub-tenant.
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(2) As per the provisions of section 43B, deduction of certain business expenses
including rates & taxes in respect of the building used for the purpose of business
or profession of the assessee shall be allowed only if such rates & taxes are actually
paid by the assessee on or before the due date of filing the return of income as prescribed
u/s 139(1).
In other words, cost of repairs and current repairs other than of capital nature is al-
lowed as deduction while computing business income.
(3) As per the explanation to section 30, amount paid on account of:
- the cost of repairs to the premises occupied by the assessee as a tenant;
- and the amount paid on account of current repairs to the premises occupied
by the assessee, otherwise than as a tenant shall not include any capital nature
expenditure.
(4) As per the provisions of section 38, if the building is used partly for business/profession
and partly for purposes other than business/profession, then, only the fair proportionate
amount of expenses and depreciation which relates to the use of the building for
the purpose of business/profession of the assessee shall be allowed as a deduction
u/s 30.
Repairs & Insurance Premium for Machinery, Plant and Furniture - [Section 31]
Section 31 allows deduction in respect of the expenses on current repairs and insurance
premium of machinery, plant and furniture in computing the income from business or
profession.
Deduction u/s 31 shall be allowed in the following manner:

Expense Asset is owned by Asset is taken on
the assessee rent by assessee
Repairs - (Note 1) ✓ ✓
Insurance Premium for risk of damage or de- ✓ ✓
struction
Note:
(1) Amount paid on account of current repairs of machinery, plant or furniture shall
not include any capital nature expenditure.
In other words, current repairs other than of capital nature expenditure is allowed
as deduction in the computation of income under the head ‘PGBP’.
The term ‘repairs’ will include renewal or renovation of an asset but not its
replacement or reconstruction.
181
(2) Rent paid by the tenant for plant & machinery and furniture is not allowed as a
deduction u/s 31. However, such rent would be allowed as a deduction u/s 37(1)
subject to the fulfilment of conditions specified under that section.
(3) As per the provisions of section 38, if the machinery, plant or furniture is used
partly for business/profession and partly for other purposes, then, only the fair
proportionate amount of expenses and depreciation which relates to use of such
machinery, plant or furniture for the purpose of business/profession shall only be
allowed as a deduction u/s 31.
(4) Even if the asset is used for a part of the previous year, the assessee is entitled to
the deduction of the full amount of expenses on repair and insurance premium
and not merely an amount proportionate to the period of use.
However, expenses on repair and insurance of assets which have been discarded
(though owned by the assessee) or have not been used for the business during the
previous year would not be allowed as a deduction.
Depreciation - [Section 32]

Capital expenditure incurred for the purpose of business or profession of the assessee i.e. cost
of any business asset is normally not allowed as a deduction in the previous year in which
it is incurred.
However, such capital expenditure is allowed to be deducted in a deferred manner u/s 32 in
the form of depreciation.
Hence, the depreciation which is allowed under Income Tax Act, 1961 is nothing but an
allowance of the capital expenditure incurred for the purpose of business or profession
of the assessee i.e. cost of purchase of any business asset, in small parts spread over the
future years.
Further, the depreciation under the Income Tax Act, 1961, is calculated & claimed in a
manner which is different from the manner of computation of depreciation under the
financial accounting.
Therefore, claim of depreciation u/s 32 is allowed:
 on specified assets;
 owned by the assessee; and
 used by such assessee during the previous year for the purpose of his business or
profession.
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Note:
(1) Specified Assets:
(a) Following assets are specified under the provisions of Income Tax Act, 1961
for claim of depreciation:
(i) tangible assets, being buildings, machinery, plant or furniture; and
(ii) intangible assets, being know-how, patents, copyrights, trademarks,
licences, franchises or any other business or commercial rights of similar
nature, not being goodwill of a business or profession.
(b) The depreciation in the value of any other assets cannot be claimed as a
deduction from the business income.
(c) No depreciation is allowable on the cost of the land on which the building is
erected because the term ‘building’ refers only to superstructure but not the
land on which it has been erected.
(d) The term ‘plant’ as defined in section 43(3) includes ships, books, vehicles,
scientific apparatus and surgical equipments used for the purposes of the
business or profession but does not include tea bushes or livestock or buildings
or furniture and fittings.
Further, ‘plant’ does not include any animal, human body or stock-in-
trade. Thus, ‘plant’ includes all goods and chattels, fixed or movable, which
a businessman keeps for employment in his business with some degree of
durability.
(e) The expression ‘plant’ includes part of a plant like, engine of a vehicle; ‘machinery’
includes part of machinery and ‘building’ includes a part of the building.
Also, the term ‘buildings’ includes within its scope roads, bridges, culverts,
wells and tubewells.
(2) Assessee to be the owner of the asset:

(a) The term ‘owner’ is not defined under the Income Tax Act, 1961. However, the
Hon’ble Supreme Court in the case of Mysore Minerals Ltd. has held that the term
‘owner’ for the purpose of claim of depreciation shall also include the beneficial
owner of the asset and not merely the legal owner of the asset.
Further, the assessee who takes the possession of the asset and starts using
such asset shall be construed to be the beneficial owner of the asset (whether
or not the legal documents like registration, title deeds, etc. are in the name
of such assessee).
183
(b) Depreciation would be allowable to the owner even in respect of assets which are
actually worked or utilized by another person for example, a lessee or licensee.
The deduction on account of depreciation would be allowed under this section
to the owner who has let on hire his building, machinery, plant or furniture
provided that letting out of such assets is the business of the assessee.
In other cases, where the letting out of such assets does not constitute the
business of the assessee, the deduction on account of depreciation would still
be allowable u/s 57.
(c) It is also important to note that, as per the explanation 1 to section 32(1),
where the business or profession of the assessee is being carried on in a
building not owned by him but in a building which the assessee has taken
on lease/rent and any capital expenditure is incurred by the assessee for
the purpose of business or profession on the construction of any structure or
doing of any work, in or in relation to, and by way of renovation or extension
of, or improvement to, the building, then, depreciation shall be allowed as if
the said structure or work is a building owned by the assessee.
(d) The CBDT, vide various circulars has also clarified that in the case of:
(i) Lease transaction, lessor shall claim depreciation on the leased asset;
(ii) Hire purchase transaction, hire purchaser shall claim depreciation on the
asset.
(3) Use of the asset by the assessee during the previous year for the purpose of his business
or profession:
(a) The asset must be actually put to use at any time during the previous year. The
amount of depreciation allowance is not proportionate to the period of use during
the PY.
However, it has been provided that where any asset is acquired by the assessee
during the previous year and is put to use for the purposes of business or profession
for a period of less than 180 days, depreciation shall be allowed @ 50 % of the
allowable rate of depreciation. It is significant to note that this restriction
applies only to the year of acquisition and not for subsequent years.
(b) If the assets are not used exclusively for the business or profession of the
assessee but for other purposes as well, the depreciation allowable would be a
proportionate part of the depreciation allowance to which the assessee would
be otherwise entitled. This is provided in section 38.
184
(c) Depreciation is allowed on the assets actually used for the purpose of business
or profession (i.e. on the assets actively used). Further, the depreciation claim
is also admissible on the assets which are kept ready for intended use (i.e. on the
assets passively used).
For example, stand by equipment & fire extinguishers, emergency spares kept
for replacement in case of failure of the original parts, machinery spares
which can be used only in connection with a specific item of tangible fixed
asset and their use is expected to be irregular.
Depreciation allowance shall be calculated on the following basis
Section 32(1)(i) Section 32(1)(ii) Section 32(1)(iia) Section 32(1)(iii)

Normal depreciation Normal depreciation Additional depreci- Terminal deprecia-
on SLM basis on ac- on WDV basis on ation on actual cost tion in case of as-
tual cost of individ- the value of block of eligible assets sessees engaged in
ual assets in case of of assets in case of in case of eligible power business
assessees engaged assessees engaged assessees
in power business in any business or
profession
Normal depreciation on SLM basis on actual cost of individual assets in case of assessees
engaged in power business - [Section 32(1)(i)]
As per the provisions of section 32(1)(i); normal depreciation in case of assessees engaged
in the business of generation or generation & distribution of power;
- shall be calculated by applying the rates as prescribed under appendix 1A of rule 5(1A)
of the Income Tax Rules, 1962;
- on the actual cost of each asset (i.e. building, machinery, plant or furniture or any
intangible asset) owned wholly or partly by the assessee and used for the purpose
of business or profession of the assessee;
- on SLM basis.
185
Note:
(1) The assessees engaged in power business have the option to calculate & claim
depreciation on WDV basis on the value of block of assets u/s 32(1)(ii) instead of
calculating & claiming depreciation on SLM basis on actual cost of individual
assets u/s 32(1)(i).
However, such option needs to be exercised on or before the due date of filing the
return of income for the previous year in which assessee begins such business.
Such option once exercised shall be final and shall apply to all the subsequent
assessment years. If the option is not exercised, the depreciation shall be allowed
only on the basis of SLM on the actual cost of each asset.
(2) If the asset on which depreciation is charged as per section 32(1)(i):
- is purchased and put to use for a period of less than 180 days during the previous
year;
- then, depreciation on such asset shall be allowed @ 50% of the allowable rate
of depreciation prescribed for such asset.
(3) Consequences where the assets on which depreciation is claimed on SLM basis are sold:
(a) Terminal Depreciation - [Section 32(1)(iii)]:
- Where an asset on which depreciation is charged on SLM basis as per
section 32(1)(i) is sold in any previous year (other than the year in which
it was purchased);
- and money received or receivable on sale of such asset including the
scrap value (if any) does not exceed its WDV;
- then, a terminal depreciation shall be allowed u/s 32(1)(iii) which will be
equal to WDV of such asset (-) Money received or receivable on sale of such
asset.
Note:
The assessee shall be allowed deduction of terminal depreciation only if such
deficiency is written-off in the books of accounts of the assessee.
(b) Balancing charge - [Section 41(2)]:
- Where an asset on which depreciation is charged on SLM basis as per
section 32(1)(i) is sold in any previous year (other than the year in which
it was purchased);
- and money received or receivable on sale of such asset including the
scrap value (if any) exceeds its WDV;
- then, least of the following amounts shall be charged to tax as balancing
charge u/s 41(2):
186
• Actual Cost (-) WDV i.e. depreciation allowed so far

• Money Receivable (-) WDV
Note:
However, if the money received or receivable on sale of such asset including
the scrap value (if any) exceeds its actual cost, then, such excess shall be
taxable as capital gain in the hands of the assessee.
The resulting capital gains could be long-term or short-term depending up
on the period of holding of the asset.
(c) If an asset on which depreciation is to be charged on SLM basis as per section
32(1)(i) is sold in the same previous year in which it was acquired, then, short-
term capital gain/loss would arise in the hands of the assessee.
However, in such case there will be no balancing charge or terminal
depreciation.
Normal depreciation on WDV basis on the value of block of assets in case of assessees
engaged in any business or profession - [Section 32(1)(ii)]
As per the provisions of section 32(1)(ii); normal depreciation in case of assessees engaged
in any business or profession;
- shall be calculated by applying the rates as prescribed under appendix 1 of rule 5(1) of
the Income Tax Rules, 1962;
- on the written down value of block of assets (i.e. block of building, machinery, plant or
furniture or any intangible asset) owned wholly or partly by the assessee and used
for the purpose of business or profession of the assessee;
- on WDV basis.
Note:
(1) Block of Assets - [Section 2(11)]
‘Block of Assets’ means:
- group of assets falling within a class of assets comprising of tangible assets,
being buildings, machinery, plant or furniture; and intangible assets, being
know-how, patents, copyrights, trademarks, licences, franchises or any other
business or commercial rights of similar nature;
- in respect of which the same percentage of depreciation is prescribed.
Hence, from the above definition also it is clear that under the Income Tax
Act, 1961, there are four classes of assets eligible for depreciation, namely
buildings, plant & machinery, furniture & fittings and intangible assets.
187
Further, each class of assets, other than intangible assets and furniture &
fittings has different blocks or groups on which separate rates of depreciation
are prescribed.
Therefore, for each such rate separate block shall be formed and for each
such block WDV and depreciation shall be calculated and claimed separately.
(2) Rates of Depreciation prescribed under the Income Tax Rules, 1962:
Note:
Land is a non-depreciable asset; therefore, no depreciation is allowed on land.
Furniture & Fittings: 10%
Note:
‘Furniture & Fittings’ also include electrical fittings like electrical wirings,
switches, sockets, fans etc. and other fittings like partition walls & false
ceiling etc.
Plant & Machinery:
• General 15%
• Motor Vehicles:
(i) Motor buses, lorries, vans, trucks, taxis used in the business of 30%
running them on hire
(ii) Other than those used in the business of running them on hire 15%
• Books (annual publications or other than annual publications) 40%
owned by assessees carrying on a profession
• Books owned by assessees carrying on business of running libraries 40%
• Aircrafts (Aero planes, Aero engines) 40%
• Ships 20%
• Life Saving Medical Equipments 40%
• Computers (including computer software)
Note:
Computer accessories & peripherals such as printers, scanners, UPS &
server etc. form an integral part of the computer system and they cannot
be used without the computer. Hence, the allowable rate of depreciation
on such assets is 40%.
Further, EPBAX machines & mobile phones are not computers; hence,
higher rate of 40% is not available.
188
• Specified air or water pollution control equipments, solid waste 40%

control equipment and solid waste recycling and resource recovery
systems
• Specified Renewable Energy Saving Devices 40%
• Wind mills and any specifically designed devices which run on wind 40%
mills, Special devices including electric generators and pumps
running on wind energy
• Moulds used in rubber and plastic goods factories 30%
• Plant & Machinery used in semi-conductor industry covering all 30%
Integrated Circuits (ICs)
• Machinery and plant, acquired and installed on or after the 40%
01.09.2002 in a water supply project or a water treatment system
and which is put to use for the purpose of business of providing
infrastructure facility
• Oil Wells 15%
Intangible Assets:
Know-how, Patents, Copyrights, Trademarks, Licences, Franchises or 25%
Any Other Business or Commercial Rights of Similar Nature, not being

goodwill of a business or profession.
(3) Written down value of the block for the purpose of charging depreciation - [Section 43(6)]:
Particulars `
WDV of the block of asset as on 1st April of the previous year xx
Add: Actual cost of assets acquired during the previous year & put to
xx
use for: xx
(a) 180 days or more
(b) less than 180 days
Total xx
Less: Money received/receivable in respect of any asset falling within the
block which is sold, discarded, demolished, destroyed, exchanged
or compulsorily acquired under any law during the previous year (xx)
WDV for the purpose of charging depreciation i.e. depreciable value of the
block
(4) As per the proviso to section 32:
- where any asset forming part of a block is acquired and put to use during the previous
year for the purposes of business or profession of the assessee;
- for a period which is less than 180 days;
189
- then, depreciation on such asset shall be calculated & allowed @ 50% of the allowable
rate of depreciation prescribed for such block of asset.
- However, in every other case, full depreciation shall be calculated & allowed.
Note:
While charging the depreciation @ 50% of the normal rate of depreciation for
asset acquired & put to use for less than 180 days, it is quite possible that the
WDV of the whole block of asset at the end of the year is less than the actual cost
of the asset(s) acquired & put to use for less than 180 days during the previous year.
It is possible because the assets in that block are sold, discarded, demolished,
destroyed, exchanged or compulsorily acquired under any law during the previous
year.
In such case, depreciation @ 50% of normal rate shall be charged on the entire WDV
of that block remaining at the end of the previous year, provided the said asset(s) exists
in that block.
(5) If in any previous year;
• the money received/receivable in respect of assets (whether all or few), falling
within the block;
• which are sold, discarded, demolished, destroyed, exchanged or compulsorily
acquired under any law during the previous year;
• exceeds the total of WDV and additions;
• there shall be no depreciation allowance for that previous year in respect of
such block.
Note:
This is because the WDV for the purpose of charging depreciation becomes negative
in such case.
The excess of money received/receivable over the total of WDV and additions shall be
treated as short-term capital gains (STCG) as per section 50.
(6) Further, if in any previous year;
• the money received/receivable in respect of all the assets, falling within the
block;
• which are sold, discarded, demolished, destroyed, exchanged or compulsorily
acquired under any law during the previous year;
• does not exceed the total of WDV and additions;
• there shall be no depreciation allowance for that previous year in respect of
such block.
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Note:
This is because the block ceases to exist in such case.
The excess of the total of WDV and additions over the money received/receivable shall
be treated as short-term capital loss (STCL) as per section 50.
From the above discussion it is clear that, an assessee can compute & claim the
depreciation allowance under the block of assets system only if:
• the value of the block is positive; and
• as on the last day of the previous year the block of assets has assets physically
present therein.
Steps for computation of normal depreciation & closing WDV of block of assets:
(1) Ascertain the opening WDV of each block of assets.
(2) Add the actual cost of the assets acquired in respective blocks during the previous
year.
(3) Deduct the money received/receivable along with scrap value (if any), in respect of
the assets of respective blocks, which are sold, discarded, demolished, destroyed
or exchanged or compulsorily acquired under any law during the previous year.
(4) The depreciable value of such block for the purpose of depreciation shall be
(1) + (2) - (3).
(5) Apply the prescribed rates of depreciation on the depreciable value calculated in
step (4) above and calculate the amount of normal depreciation.
Note:
Additional depreciation, if any, shall also be calculated at this stage only.
(6) Reduce the amount of depreciation (normal as well as additional) calculated in
step (5) above out of the depreciable value computed in step (4) above in order to
arrive at the figure of closing WDV of such block.
Additional depreciation on actual cost of eligible assets in case of eligible assessees -

[Section 32(1)(iia)]
Where;
• an eligible assessee;
• acquires & installs new plant & machinery;
• at any time on or after the 01-04-2005;
• then, additional depreciation @ 20% of the actual cost of such new plant & machinery
shall be allowed as deduction;
• in the year in which such new plant & machinery has been acquired & installed.
191
Note:
(1) This depreciation shall be allowed in addition to the normal depreciation to all the
assessees.
(2) Eligible Assessee: Assessees engaged in the business of:
(a)
manufacture or production of any article or thing; or
(b)
generation, transmission or distribution of power.
(3) Additional depreciation shall not be allowed in respect of the following plant &
machinery:
(a) ships & aircrafts; or
(b) any plant & machinery which, before its installation by the assessee, was
used either within or outside India by any other person (i.e. second-hand
plant & machinery); or
(c) any plant & machinery installed in any office premises or any residential
accommodation, including accommodation in the nature of a guest-house; or
(d) any office appliances including computers or computer software; or
(e) vehicles; or
(f) any plant & machinery, the whole of the actual cost of which is allowed as
a deduction (whether by way of depreciation or otherwise) in computing the
income chargeable under the head ‘PGBP’ of any one previous year.
(4) If plant & machinery eligible for additional depreciation is put to use for the
purpose of business for a period of less than 180 days in the relevant previous
year, then, 50% of the additional depreciation shall be allowed in the year in which such
plant & machinery is put to use and the balance 50% shall be allowed in the immediately
succeeding year.
(5) The CBDT, vide Circular No. 15/2016, dated 19-05-2016 has clarified that the business
of printing or printing & publishing amounts to manufacture or production of an article
or thing and therefore assessees engaged in such businesses are also eligible for
claiming additional depreciation u/s 32(1)(iia).
(6) Additional depreciation allowed shall also be reduced along with the normal
depreciation while computing the WDV of the block for the next year.
General Notes for Depreciation Allowance u/s 32

(1) Actual cost - [Section 43(1)]:
Actual cost means the actual cost of the asset to the assessee as reduced by that portion
of the cost, which has been met directly or indirectly by any other person or authority.
192
Note:
(a) As per the proviso to section 43(1),
- where an assessee incurs any expenditure for acquisition of any asset;
- in respect of which a payment or aggregate of payments made to a person in
a day;
- otherwise than by an account payee cheque drawn on a bank or account payee
bank draft or use of electronic clearing system through a bank account;
- exceeds Rs. 10,000;
- such expenditure shall not form part of actual cost of such asset.
(2) Actual cost in certain special situations - [Explanations to section 43(1)]:
Expln. Situation Actual Cost shall be
1 Asset used for business NIL [since the cost of the asset is
after it ceases to be used for allowed as deduction u/s 35(1)(iv)]
Scientific Research
2 Asset acquired by way of WDV of such asset to the previous
Gift or Will or Inheritance owner
5 Building previously used by Actual Cost of the Building to the
the assessee for private assessee
purpose, brought into use Less: Depreciation that would have
for business or profession of been allowable had the building
the assessee been used for business or profession
since the date of its acquisition i.e.
Notional Depreciation
8, 9 & 10 Where the Assessee Purchase Price of the Asset
himself acquires the Asset Add:
(a) Interest on Loan till the date
asset is actually put to use
(b) Freight & Insurance Charges
(c) Loading & Unloading Charges
(d) Installation & Erection Charges
Less:
(a) Any Amount met by any
Authority or Any Other Person
by way of Subsidy or Grant
(b) CENVAT Credit
193
13 Asset on which deduction Actual Cost of such asset shall be

has been allowed or is taken as NIL.
allowable u/s 35AD Applicable in a case where:
(a) the assessee himself has
claimed the deduction u/s
35AD; or
(b) the previous owner has
claimed the deduction u/s
35AD and the asset is acquired
by the assessee by way of any
modes specified u/s 49(1)
Proviso to Where an asset, in respect Actual Cost of the asset to the

Expln. of which deduction is assessee
13 claimed & allowed u/s Less: Depreciation allowable
35AD is deemed to be the had the asset been used for the
income of the assessee purpose of business, calculated
in accordance with the at the rate in force, since the date
provisions of section of its acquisition i.e. Notional
35AD(7B) (on account of Depreciation
being used for a purpose
other than specified business
u/s 35AD)
(3) As per the explanation 5 to section 32(1), it is mandatory for an assessee to claim
depreciation. In other words, depreciation shall be allowed to the assessee whether
or not the assessee has claimed deduction in respect of depreciation in computing
his total income.
(4) As per the sixth proviso to section 32, where in any previous year, if there is:
(a) succession of partnership firm by a company as per section 47(xiii); or
(b) conversion of private company or an unlisted public company to a limited
liability partnership as per section 47(xiiib); or
(c) succession of a proprietary concern by a company as per section 47(xiv); or
(d) succession of any business otherwise than on death; or
(e) amalgamation of companies; or
194
(f) demerger of any company,

then, the depreciation in such cases shall be calculated at prescribed rates, as
if the succession or amalgamation or demerger had not taken place, and the
depreciation so calculated shall be apportioned between the predecessor &
the successor or the amalgamating company & the amalgamated company
or demerged company & resulting company as the case may be, in the ratio
of the number of days for which the asset were used by them during the year
in which such succession or amalgamation or demerger has taken place.
(5) Unabsorbed Depreciation:
As per section 32(2), where full effect cannot be given to depreciation allowance in
a previous year because:
- the amount of depreciation is greater than the profits or gains from business
or profession (before claiming the depreciation allowance); or
- there being no profits or gains chargeable to tax for that previous year,
- then, the depreciation allowance for which the effect could not be given, can
be adjusted during the same previous year against any other income (except
salary).
- However, where after such adjustment, still the depreciation could not be
adjusted, then the same is allowed to be carried-forward to subsequent
assessment years as unabsorbed depreciation. Such carry-forward is available
for an indefinite period and there is no requirement of filing the return of
income on or before the due dates in order to carry-forward such unabsorbed
depreciation.
- Once the unabsorbed depreciation is carried-forward, it forms part of the current
year’s depreciation, hence, it can be set-off either against ‘PGBP’ income or any
other head of income (except salary) in the subsequent years.
- In other words, the depreciation allowance shall be allowed as under:
• Current year depreciation is first deductible from the business income.
• If any balance is left due to income from business being NIL or insufficient,
it can be set-off from any income (except salary) in the same previous
year.
• In case there is still balance left over, it is to be treated as unabsorbed
depreciation and is to be taken to the succeeding years and such brought
forward unabsorbed depreciation can be set-off in the subsequent years
against any income (except salary).
195
- However, if there is any brought forward business loss also, then, the set-off
shall be done in the following manner:
• Set-off of current year depreciation.
• Set-off of brought forward business loss.
• Set-off of brought forward unabsorbed depreciation.
A numeric illustration of block method of accounting for depreciation u/s 32, spread into
several years in relation to its varied features.
Year 1 PLANT & MACHINERY - 15% - (`)
Opening W.D.V. 5,000 58,00,000
(+) Purchase during the year and
used for < 180 days during such
a year of purchase 8,000 12,00,000
TOTAL 13,000 70,00,000
(-) Sold during the year (8,000) (12,00,000)
Qualifying amount for depreciation 5,000 58,00,000
(-) depreciation u/s 32
15
12,00,000 X X 50%=90,000
100
100 × 50 % = 90,000
15
46,00,000 X 100%=6,90,000
100 (7,80,000)
(BAL.)
Closing W.D.V. 5,000 50,20,000
Remarks :
In this situation the 8,000 machines which were purchased during the year and used for
less than 180 days during such a year of purchase, are sold, yet depreciation is reduced
as above and the reason is that the identity, personality and individuality of the asset
gets lost in the common hotch pot of the block and value based calculations are made.
Thus, whatever is sold, is not recognised under the system, and the fact remains that such
purchase value of ` 12,00,000 is retained in the block for less than 180 days and thus is
entitled to depreciation @ 50% of the block's rate of depreciation.
In order to attract the provisions of restriction of depreciation to 50% of the block's rate,
two conditions are to be satisfied together i.e.
• asset should be purchased during the year.
AND
• used for less than 180 days during such year of purchase. If an asset is purchased in
196
say year 1 but not used in year 1 at all, no depreciation would be allowed in year 1.
If such an asset is installed and used in year 2 for < 180 days, yet depreciation would
be allowed @ 100% of the block's rate and not 50%, since the asset is not purchased
in year 2.
• In case such 8,000 machines would have been sold for say ` 60,00,000, then
qualifying amount for depreciation would be `10,00,000. Such ` 10,00,000 would
be subject to restriction of 50% of the block's rate since it is less than purchase value
of ` 2,00,000. In other words the restriction is applicable on purchase value of less
than 180 days or qualifying amount for depreciation, whichever is less.
Opening WDV 5,000 50,20,000
(+) Purchase during the year ---- ----
The year TOTAL 5,000 50,20,000
(-) Sold during the year (100) (20,00,000)
Q. A. for depreciation 4,900 30,20,000
(-) Depreciation u/s 32 (4,53,000)
Closing WDV 4,900 25,67,000
Remarks :
In this situation apparently there is a huge capital gain on the sale of 100 machines,
which under the block method is not calculated separately if there is positive assets and
positive value as qualifying amount for depreciation, such gain gets absorbed in current
depreciation and closing WDV and the effect is that depreciation is reduced by Gain*
block's rates of depreciation and the balance of the gain reduces the closing WDV.

Opening WDV 4,900 25,67,000
(+) Purchase during the year --- ----
TOTAL 4,900 25,67,000
(-) Sold during the year (4,000) (500)
Q. A. for depreciation 900 25,66,500
(-) Depreciation (3,84,975)
Closing WDV 900 21,81,525
Remarks :
In this situation apparently, there is a huge capital loss on the sale of 4,000 machines,
which under the block method of accounting for depreciation is not calculated separately
if there are positive assets and positive value as qualifying amount for depreciation, but
197
such loss gets adjusted in current depreciation and closing WDV and the effect is that
current depreciation is increased by Loss* block's rate of depreciation and the balance of
loss increases the closing WDV.

Opening WDV 900 21,81,525
(+) Purchased during the year ---- ----
Total 900 21,81,525
21,81,525
(28,18,475)
Q. A. for depreciation 600 NIL
(-) Depreciation NIL
Closing WDV 600 NIL
Capital Gains
Sale consideration 50,00,000
(-) Cost of acquisition of depreciable
asset u/s 50(1)
(All assets in the block are not sold)
Opening WDV 21,81,525
(+) Purchased during the year
NIL (21,81,525)
S.T.C.G. taxable u/s 45 28,18,475
Remarks :
In this situation i.e. when all assets are not sold and the sale consideration of whatever
is sold, exceeds the opening WDV.
(+) purchased during the year
(+) transfer expenses, such excess is always short - term capital gain as above.
• Always short - term
because the identity, individuality gets lost in the common hotch pot of the block,
thus what is sold is not recognised under the system and hence even if the asset is
held for more than 3 years prior to its sale, it would be short - term. Further also
because value based calculations are made and such value keeps on changing every
year.
• Always capital gains
In this situation when all assets are not sold, there can never be a possibility of short
198
- term capital loss (if there is actually a loss, it will be covered by year 3 situation)
i.e. there will always be short - term capital gains only, or the block continues.

Opening WDV 600 NIL
(+) Purchased during the year ---- ----
Total 600 NIL
NIL
Q. A. for depreciation 300 (3,00,000)
NIL
(-) Depreciation u/s 32 NIL
Closing WDV 300 NIL
Capital Gains
Sale consideration 3,00,000
(-) Cost of acquisition of depreciable asset
u/s 50(1)
(All assets in the block are not sold)
Opening WDV NIL
(+) Purchased during the year NIL (NIL)
S.T.C.G. taxable u/s 45 3,00,000
Remarks :
Same as year 4 situation.
Opening WDV 300 NIL
(+) Purchased during the year & used for > 200 2,00,000
180 days
TOTAL 500 2,00,000
2,00,000
Q. A. for depreciation NIL (80,000)
NIL
Block ceases to exist Capital Gains
Sales consideration 1,20,000
199
(-) Cost of acquisition of depreciable asset

u/s 50(2)
(All assets in the block are sold)
Opening WDV NIL
(+) Purchased during the year 2,00,000 (2,00,000)
Short - term Capital Loss (80,000)
Remarks :
In this situation all assets in the block are sold and here there are two possibilities, i.e.
short - term capital loss as above or short - term capital gains / NIL. If the 500 machines
would have been sold for say ` 3,00,000, then ` 1,00,000 would be short - term capital
gains taxable u/s 45.
*-Expenditures incurred for Scientific Research or Contributions made for Scientific

Research or Research in Social Sciences/Statistical Research - [Section 35]
An assessee engaged in any business or profession can claim deduction u/s 35 in respect
of any expenditure incurred or contribution made by him for the purpose of scientific
research/research in social sciences/statistical research.
Where the expenditure is incurred by the assessee for in-house research:
Deduction u/s 35 is allowed to the assessee where the assessee incurs expenditure on
research (whether capital or revenue in nature) which is related to the business of the
assessee.
Section 35(1)(i) All the capital expenditures (except the expenditure on acquisition of land)
Revenue incurred by the assessee on scientific research related to his business
Expenditure shall be deductible in full (i.e. 100%) in the previous year in which it is
on Scientific incurred.
Research Note:
(1) Any capital expenditure in respect of which a payment or
aggregate of payments made to a person in a day, otherwise
than by way of A/c payee cheque or A/c payee bank draft or ECS,
exceeds ` 10,000 shall not qualify for deduction u/s 35.
(2) No depreciation shall be allowed u/s 32 i.r.o. any asset (capital
expenditure) for which deduction has been claimed u/s 35.
(3) If land & building have been purchased through a composite
agreement, then the cost of the land and the building shall be
bifurcated on the basis of their FMVs.
200
No deduction is allowed for cost of acquiring land, but deduction

towards cost of acquiring a building is allowed.
(4) Expenditure incurred prior to the commencement of business:
Where any capital expenditure has been incurred prior to the
commencement of the business, the aggregate of the expenditure
so incurred within 3 years immediately preceding the commencement
of the business shall be deemed to have been incurred in the previous
year in which the business is commenced. Consequently, such capital
expenditure shall be allowed as deduction during the previous
year in which the business is commenced.
However, such pre-commencement expenditures shall be allowed
to the extent certified by the prescribed authority.
(5) Unabsorbed capital expenditure on scientific research:
For claiming deduction of capital expenditure on scientific
research, it may be noted that, like depreciation, the deduction of
such capital expenditure shall be allowed to the extent of profits from
that business. There cannot be business loss due to such deduction.
If the capital expenditure on scientific research cannot be claimed
as deduction due to insufficiency of business profits (owing
to there being no profits or gains or owing to profits or gains
being less than such expenditure), then, the balance is known as
unabsorbed capital expenditure on scientific research.
The treatment of such unabsorbed capital expenditure on scientific
research shall be same as that of unabsorbed depreciation.
(6) Tax treatment on sale of assets acquired for scientific research:

Normally, gain arising on transfer of a capital asset is taxable
under the head capital gains. But, in the case of a scientific
research asset which is sold without having been used for other
purposes, provisions of section 41(3) are made applicable and
least of the following amounts shall be charged to tax as ‘PGBP’
income for the previous year in which such asset was transferred:
(a) Net sale price of the asset; or
(b) Cost of the asset, earlier allowed as deductions u/s 35
However, any excess over the original cost of such asset shall
be subjected to the provisions of capital gains. This shall apply
even if the business is not in existence in that previous year.
201
Further, if any scientific research asset is used in the business

of the assessee after it ceases to be used for scientific research,
the actual cost of such asset to be included in the relevant block
shall be taken as NIL because full expenditure incurred as its
cost has been allowed as a deduction u/s 35. However, if
such asset is transferred later on, the net sale price shall be
deductible from the block in which such asset was included.
Section Where a company engaged in the business of:
35(2AB) (a) Bio-technology; or
Revenue/ (b) Manufacture of any article or thing (except article or thing specified in
Capital the eleventh schedule)
Expenditure incurs any expenditure (whether revenue or capital in nature but except
incurred by cost of any land or building) on in-house scientific research & development
a Company facility as approved by the prescribed authority, a deduction of the
engaged in the expenditure incurred shall be allowed.
business of Bio- Note:
technology or (1) Any capital expenditure in respect of which a payment or
Manufacturing aggregate of payments made to a person in a day, otherwise
of any article or than by way of A/c payee cheque or A/c payee bank draft or ECS,
thing exceeds ` 10,000 shall not qualify for deduction u/s 35.
(2) No deduction shall be allowed in respect of above expenditures
under any other provision of the Income Tax Act, 1961.
(3) Such company shall be entitled to this deduction only if it enters
into an agreement with the prescribed authority for co-operation in
such research & development facility.
(4) Such company shall also fulfill the prescribed conditions with
regard to maintenance & audit of accounts and shall also furnish
prescribed reports in prescribed manner.
202
Where the assessee makes contribution to outsiders for research:

Deduction u/s 35 shall be allowed, whether or not the research for which the amount
contributed or paid (donated) is related to the business or profession of the assessee.
Section 35(1)(ii) Any contribution made by the assessee to:
Contribution (a) any research association which has as its object the undertaking
made for of scientific research; or
undertaking (b) any university, college or other institution to be used for scientific
Scientific research
Research shall be allowed to the extent of amount contributed or paid.
Note:
(1) The contribution made by the assessee would be allowable
irrespective of the fact whether the field of scientific research is
related to the assessee’s business or not & the payment is of a revenue
nature or of a capital nature.
(2) The amount so contributed or donated is to be used by such
association, university, college or institution for the purpose of
scientific research provided that such association, university, college
or institution is approved for this purpose by the Central Government.
(3) The deduction u/s 35(1)(ii), to which the assessee is entitled,
shall not be denied merely on the ground that, subsequent to
the payment of such sum by the assessee, the approval granted
to the association, university, college or other institution has
been withdrawn.
Section 35(1) Any contribution made by the assessee to:

(iii) (a) any research association which has as its object the undertaking
Contribution of research in social sciences or statistical research; or
made for (b) any university, college or other institution to be used for research
undertaking in any social science or statistical research.
Research in shall be fully allowed in the hands of the assessee contributing (donating)
Social Sciences such amount.
or Statistical Note:
Research (1) The contribution made by the assessee would be allowable
irrespective of the fact whether the field of research is related to the
assessee’s business or not and the payment is of a revenue nature or
of a capital nature.
203
(2) The amount so contributed or paid is to be used by such

association, university, college or institution for the purpose of
research in social sciences or statistical research provided that such
association, university, college or institution is approved for this
purpose by the Central Government.
(3) The deduction u/s 35(1)(iii), to which the assessee is entitled,
shall not be denied merely on the ground that, subsequent to
the payment of such sum by the assessee, the approval granted
to the association, university, college or other institution has
been withdrawn.
Section 35(1) Any sum paid or contributed by an assessee to a company to be used

(iia) by such company for scientific research shall be allowed fully, if:
Payment or (a) the company is registered in India; and
Contribution (b) which has the main object of scientific research & development.
made to any Note:
Company (1) Such company shall be approved by the prescribed authority and
for Scientific shall fulfill such other conditions as may be prescribed.
Research (2) A company approved u/s 35(1)(iia) shall not be entitled to claim
deduction u/s 35(2AB).
However, it can continue to claim deduction u/s 35(1)(i) in respect of
the revenue expenditure incurred on scientific research.
Section Any sum contributed by an assessee to:
35(2AA) (a) National Laboratory; or
Contribution (b) University; or
made to (c) Indian Institute of Technology (IIT); or
National (d) Any Specified Person
Laboratory, with a specific direction that the said sum shall be used for carrying out
University, IIT scientific research undertaken under a programme approved in this behalf by
or Any Other the prescribed authority, shall be eligible for a deduction of the amount
Specified so contributed.
Person Note:
(1) The amount which qualifies for weighted deduction u/s 35(2AA)
shall not be allowed to be deducted under any other provision
of the Income Tax Act, 1961.
204
(2) It has been further clarified that the deduction to which an

assessee is entitled u/s 35(2AA) shall not be denied to the
assessee merely on the ground that after payment of such sum
by him, the approval granted to any of the aforesaid entities has
been withdrawn.
Investment-linked tax incentive for Specified Businesses - [Section 35AD]

With the specific objective of creating rural infrastructure and environment friendly alternate
means for transportation of bulk goods, investment-linked tax incentives have been
introduced for specified businesses, namely:
Specified Business Date of Commence-
ment of Operations
(1) Laying & operating:
- a cross-country natural gas pipeline network for 1st April, 2007
distribution including storage facilities being an
integral part of such network
- a cross-country crude or petroleum oil pipeline network 1st April, 2009
for distribution including storage facilities being an
integral part of such network
- a slurry pipeline for the transportation of iron ore 1st April, 2014
(2) Setting up & operating:
- a cold chain facility for specified products 1st April, 2009
- a warehouse facility for storage of agricultural produce 1st April, 2009
- a warehousing facility for storage of sugar 1st April, 2012
- an inland container depot (ICD) or a container freight 1st April, 2012
station (CFS) notified or approved under the Customs
Act, 1962
- a semi-conductor wafer fabrication manufacturing unit 1st April, 2014
notified by the CBDT
(3) Setting up a new plant or newly installed capacity in 1st April, 2011
existing plant for production of fertilizer
(4) Building & operating, anywhere in India:
- a new hotel of 2 star or above category as classified by 1st April, 2010
the Central Government
- a new hospital with at least 100 beds for patients 1st April, 2010
205
(5) Developing & building a housing project under:

- a scheme for slum redevelopment or rehabilitation framed 1st April, 2010
by the Central Government or a State Government (as
the case may be), and notified by the CBDT in this
behalf
- a scheme for affordable housing framed by the Central 1st April, 2011
Government or a State Government and notified by
the CBDT in this behalf
(6) Bee-keeping & production of honey and beeswax 1st April, 2012
(7) Business of developing or operating & maintaining or 1st April, 2017
developing, operating & maintaining a new infrastructure
facility
Accordingly, any capital expenditure (except the expenditure incurred on acquisition of any
land or goodwill or financial instrument)

incurred wholly and exclusively for incurred wholly and exclusively
the purpose of any specified business for the purpose of any specified
during the relevant previous year business prior to the commencement
of business operations
shall be fully allowed as a deduction

shall be fully allowed as deduction u/s 35AD in the previous year in
u/s 35AD in the same previous year which the business operations are
commenced
Note:
(1) Any capital expenditure in respect of which a payment or aggregate of payments
made to a person in a day, otherwise than by way of A/c payee cheque or A/c payee
bank draft or ECS, exceeds ` 10,000 shall not qualify for deduction u/s 35AD.
(2) General Conditions to claim Deduction u/s 35AD:
(a) The assesse has an option to claim deduction u/s 35AD or not to claim it.
(b) The specified business should not have been formed by splitting up or
reconstruction of any business already in existence.
(c) The specified business should not have been formed by transfer of second-
hand plant & machinery.
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However, second-hand plant & machinery upto 20% of the total value of
plant & machinery used in the new business is permissible.
Further, imported plant & machinery previously used abroad shall not be
regarded as second-hand provided no depreciation has been allowed or is
allowable under the Income Tax Act, 1961 for any period prior to its import.
(3) No deduction under any other section:
The assessee eligible for deduction u/s 35AD shall not be eligible to claim deduction
u/s 80-IA to 80-RRB or section 10AA for the same or any other year and vice versa.
However, other deductions under chapter VI-A may be allowed to the assessee.
Further, the assessee cannot claim deduction in respect of capital expenditure
incurred for specified business under any other provision of the Income Tax Act,
1961 in the current year or under this section for any other year.
(4) Audit of Accounts:
The deduction u/s 35AD shall be allowed to the assessee only if the accounts
of the assessee for the relevant previous year have been audited by a chartered
accountant and the assessee furnishes the audit report in the prescribed form,
duly signed and verified by such accountant along with the return of income.
(5) Asset to be used for specified business for 8 years:
Section 35AD(7A) provides that any asset in respect of which a deduction is claimed
and allowed u/s 35AD shall be used only for the specified business for a period
of 8 years beginning with the previous year in which such asset is acquired or
constructed.
(6) Asset used for any other business other than specified business:
If asset is used for any purpose other than the specified business, the total amount
of deduction if so claimed and allowed in any previous year in respect of such
asset, as reduced by the amount of depreciation allowable in accordance with
the provisions of section 32 as if no deduction had been allowed u/s 35AD, shall
be deemed to be income of the assessee chargeable under the head ‘PGBP’ of the
previous year in which the asset is so used.
However, the above provision shall not be applicable to a company which has
become a sick industrial company, during the intervening period of eight years.
(7) Asset demolished, destroyed, discarded or transferred for which a deduction is claimed:
If any asset on which a deduction u/s 35AD has been claimed and allowed, is
demolished, destroyed, discarded or transferred, the sum received or receivable for
the same is chargeable to tax under this head as per the provisions of section 28(vii).
207
Note:
(a) Where the asset on which deduction u/s 35AD is allowed is damaged or
destroyed, then the insurance compensation received in respect of such
asset is taxable as ‘PGBP’ income and provisions of section 45(1A) shall not apply
even if the insurance claim exceeds the cost of assets.
(b) If an asset on which a deduction u/s 35AD is sold under a slump sale, then
for computing the Net Worth u/s 50B its cost shall be taken as NIL.
(c) Further, if an asset on which a deduction has been claimed u/s 35AD is
transferred under the circumstances referred to in section 47 (i.e. exempt transfer)
then the actual cost to the transferee shall be taken as NIL.
(8) Carry-forward & Set-off of Losses of Specified Business:
(i) Losses of any specified business shall be allowed to be set-off only against
profits of any specified business irrespective of the fact whether the latter is
eligible for deduction u/s 35AD.
For example:
An assessee can, set-off the losses of a hospital or hotel which begins to
operate on or after 1st April, 2010 and which is eligible for deduction u/s
35AD, against the profits of the existing business of operating a hospital
(with atleast 100 beds for patients) or a hotel (of two star or above category),
even if the latter is not eligible for deduction u/s 35AD.
(ii) The unadjusted loss of any specified business for any previous year can be
carried-forward for indefinite period and its set-off in subsequent years is
allowed only against the profits of any specified business - [Section 73A].
(iii) Further, the unadjusted loss of any specified business for any previous year
can be carried-forward to subsequent years only if, the assessee has filed the
return of income of the that previous year to which the loss relates within
the time specified u/s 139(1) i.e. on or before the due date of filing return of
income.
(9) Owner of a hotel eligible for deduction u/s 35AD even if he transfers the operation of the
hotel to another person:
Where the assessee builds a hotel of 2 star or above category as classified by
the Central Government and subsequently, while continuing to own such hotel,
transfers the operation of the said hotel to another person, the assessee shall be
deemed to be carrying on the specified business of building and operating a hotel.
Therefore, he would be eligible to claim deduction u/s 35AD.
208
Contribution for Rural Development Programmes - [Section 35CCA]
Eligible Assessee All Assessees

Nature of (1) Payment to an association or institution, having the objective of
Expenditure undertaking programmes of rural development.
Such payment must be used for carrying out any programme of
rural development approved by the prescribed authority.
Note:
Programme of rural development includes any programme for
promoting the social and economic welfare of or the upliftment
of the public in any rural area.
Conditions:
(a) The assessee must furnish a certificate from such association or
institution that the programme of rural development had been
approved by the prescribed authority before 01-03-1983; and
(b) The programme should involve work by way of construction of
any building, or other structure (to be used for dispensary, school,
training or welfare center, workshop, etc.) or laying of any road
or construction or boring of a well or tube well or installation of
any plant or machinery and such work must have commenced
before 01-03-1983.
(2) Payment to an association or institution having its object
the training of persons for implementing rural development
programme.
Conditions:
(a) Assessee must furnish a certificate from such association
or institution that it has been approved by the prescribed
authority before 01-03-1983.
(b) Such training of persons must have been started before 01-
03-1983.
(3) Contribution made to the following funds setup & notified by the
Central Government:
(a) National Fund for Rural Development
(b) National Urban Poverty Eradication Fund
Quantum of 100% of the amount contributed to such funds

Deduction
209
No Other No deduction shall be available under any other provision of the

Deduction Income Tax Act, 1961 in respect of expenditure claimed and allowed
as deduction u/s 35CCA.
EXPENDITURE ON AGRICULTURE EXTENSION PROJECT [SEC. 35CCC]
Eligible Assessee All Assessees

Nature of Any expenditure (except cost of land or building), as reduced by the
Expenditure amount received from beneficiary (if any), incurred wholly & exclusively
for undertaking an eligible agricultural extension project (notified by
the CBDT) shall qualify for deduction u/s 35CCC.
However, expenditure incurred on the agricultural extension project
which is reimbursed or reimbursable to the assessee by any person,
whether directly or indirectly, shall not qualify for deduction u/s 35CCC.
Quantum of Amount of the expenditure incurred
Deduction
Project must be The agricultural extension project eligible for weighted deduction u/s
notified by CBDT 35CCC shall be notified by the CBDT.
The agricultural extension project shall be considered for notification

by the CBDT only if it fulfils all of the following conditions:
(a) The project shall be undertaken by the assessee for training,
education and guidance of farmers.
(b) The project shall have prior approval of the Ministry of Agriculture,
Government of India.
(c) An expenditure (not being expenditure in the nature of cost of any
land or building) exceeding the amount of Rs. 25 lakhs is expected to
be incurred for the project.
Conditions (a) Maintain separate books of account for such notified agricultural
for claiming extension project and get such books of account audited by a
weighted
deduction u/s chartered accountant; and
35CCC (b) On or before the due date of filing the return of income furnish
the following to the Commissioner of Income Tax or Director of
Income Tax (as the case may be):
(i) Audited statement of accounts of the agricultural extension
project along with the audited report and amount of
deduction claimed under this section.
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(ii) A note on agricultural project undertaken and programme

of agricultural extension project to be undertaken during the
current year and financial allocation for such programme.
(iii) A certificate from Ministry of Agriculture, Government of
India, regarding the genuineness of such project.
Deduction Income Tax Act, 1961 in respect of expenditure claimed & allowed u/s
35CCC.
Restriction on Deduction under this section to be restricted to 100% from P.Y. 2020-
Quantum of 21 onwards (i.e. from A.Y.2021-22 onwards).
Deduction u/s
35CCC
Expenditure incurred on Notified Skill Development Project - [Section 35CCD]
Eligible Assessee Company Assessees only

Nature of As per the notified National Manufacturing Policy (NMP), the
Expenditure government will provide a deduction of 100% of the expenditure
& Quantum of
Deduction (other than cost of land or building) incurred by any company on Public
Private Partnership (PPP) project for skill development in the ITIs in
manufacturing sector in accordance with the prescribed guidelines.
This is to encourage private sector to set up their own institution in
co-ordination with National Skill Development Corporation.
However, expenditure incurred on the notified skill development project
which is reimbursed or reimbursable to the company by any person,
whether directly or indirectly, shall not be eligible for deduction u/s
35CCD.
Project must be The skill development project eligible for weighted deduction u/s
notified by CBDT 35CCD shall be notified by the CBDT.
A skill development project would be considered for notification if:

(a) It is undertaken by a company engaged in the business of
manufacture or production of any article or thing (except article
or thing specified in the eleventh schedule); and
(b) The project is undertaken in separate facilities in a training
institute.
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Note:
Skill development project in respect of existing employees of
the company, however, would not be eligible for notification,
where the training of such employees commences after six
months of their recruitment.
Conditions (a) Maintain separate books of account of the skill development
for claiming project and get such books of account audited by a chartered
weighted
deduction u/s accountant.
35CCD (b) On or before the due date of filing the return of income furnish
to the Commissioner of Income Tax or Director of Income Tax
(as the case may be) audited statement of accounts of the skill
development project along with the audited report and amount
of deduction claimed under this section.
Deduction Income Tax Act, 1961 in respect of expenditure claimed and allowed
as deduction u/s 35CCD.
Restriction on Deduction under this section to be restricted to 100% from P.Y. 2020-
Quantum of 21 onwards (i.e. from A.Y.2021-22 onwards).
Deduction u/s
35CCD
Amortization of Preliminary Expenditure - [Section 35D]

Eligible Assessees An Indian Company or a Non-Corporate Resident Assessee can claim
deduction u/s 35D.
Purpose of Before For setting up of any undertaking or
incurring Commencement of
Preliminary business
Expenses business
After Extension of the existing undertaking
commencement of business or setting up new unit
Nature of Expenditure Qualifying for Deduction u/s 35D:

Following expenditures shall qualify for the purpose of deduction u/s 35D:
(a) Expenditure incurred in connection with preparation of feasibility or project report,
conducting a market survey (or any other survey necessary for the business of the
assessee), or engineering services relating to the business of the assessee.
212
(b) Legal charges for drafting any agreement between the assessee & any other person
relating to the setting up or conduct of the business.
(c) Where the assessee is a company, following expenditure:
(i) Fees for registering the company under the Companies Act;
(ii) Legal charges for drafting the M.O.A. and A.O.A.
(iii) Printing expenses of M.O.A. and A.O.A.
(iv) Expenses in connection with the public issue of shares or debentures of a
company, underwriting commission, brokerage and charges for drafting,
typing, printing and advertisement of the prospectus.
Amount Qualifying for Deduction u/s 35D:
In case of an Indian Company: In case of a Non-Corporate Resident Assessee:
Lower of the following: Lower of the following:
(a) Actual Expenditure, or (a) Actual Expenditure, or
(b) Higher of: (b) 5% of Cost of Project
(i) 5% of Cost of
Project; or
(ii) 5% of Capital
Employed
Note:
Cost of Project:
Cost of Fixed Assets like land, buildings, leaseholds, plant & machinery, furniture &
fittings, railway sidings (including expenditure on the development of land & building)
as shown in the books of the assessee as on the last day of the previous year in which
the business of the assessee commences or extension of the undertaking is completed
or new industrial unit commences production (as the case may be).
Capital Employed:
Issued Share Capital (+) Debentures (+) Long-term Borrowings
Maximum Amount of Deduction The qualifying amount of deduction u/s 35D as computed
u/s 35D above, can be claimed as a deduction by the assessee,
over a period of 5 years in equal installments (i.e. 1/5th
every year for 5 years).
Audit of Accounts Assessees other than a company or a co-operative
society, are required to furnish audit report in Form 3AE,
along with return of income for the first year in which
the deduction is claimed.
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No Other Deduction No deduction shall be available under any other

provision of the Income Tax Act, 1961 in respect of
expenditure claimed & allowed u/s 35D.
VRS Compensation - [Section 35DDA]
Nature of Expenditure which is incurred by the assessee by way of payment of

Expenditure any sum to the employees in connection with voluntary retirement in
accordance with a scheme of voluntary retirement shall qualify for
deduction u/s 35DDA.
Maximum The assessee shall be allowed a deduction of an amount equal to 1/5th
Amount of of qualifying expenditure for each of five previous years beginning
Deduction u/s
35DDA with the previous year in which such expenditure is incurred.
Deduction Income Tax Act, 1961 in respect of expenditure claimed & allowed u/s
35DDA.
Deductions available u/s 36
Section 36(1)(i): Insurance premium paid in respect of any policy which is taken out
Insurance against the risk, damage or destruction of stock or stores of the
Premium for business/profession is deductible u/s 36(1)(i).
Stock or Stores Note:
(1) This deduction is allowed in the year of payment.
(2) Premium in respect of any insurance undertaken for any other
purpose is not allowable under the clause.
Section 36(1)(ib): Insurance premium paid by the assessee as an employer towards the
Insurance health/group insurance policy of the employees.
Premium paid by Note:
the employer for Such premium shall be paid by way of any mode other than cash.
the Health/Group
Insurance of the
employees
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Section 36(1)(ii): Any bonus or commission paid by the employer assessee to the
Bonus or employee shall be deductible in full as per the provisions of section
Commission paid 36(1)(ii) subject to section 43B; provided such sum shall not be payable
to the Employees as profits or dividends if it had not been paid as bonus or commission.
The payment in order to be allowed as deduction u/s 36(1)(ii) should
be in relation to employment and not in relation to shareholding.
In other words, if the amount payable as dividend to the shareholders
is passed on to the employee as bonus or commission (when the same
person is the shareholder and the employee), then such payment shall
not be allowed as deduction u/s 36(1)(ii).
Section 36(1)(iii): Interest on borrowed capital is allowed as a deduction if:
Interest on (a) The loan is borrowed by the assessee.
Borrowed Capital (b) Such loan is used for the purpose of business or profession of the
assessee.
(c) Interest is paid or payable by the assessee on such loan.
Note:
(1) Capital should have been borrowed for the purposes of business
or profession i.e. capital may be borrowed for working capital
or for acquiring assets for business or to pay off a trading debt
or loss etc.
Further, the capital may be borrowed in the course of the
existing business as well as for acquiring assets for extension
of existing business.
(2) Interest on own capital is not deductible. In simple words,
interest shall be paid to another person.
(3) Interest on loan taken from financial institutions or scheduled
banks shall be allowed u/s 36(1)(iii) subject to the provisions of
section 43B.
(4) Any brokerage or commission for securing loan shall not be
allowed as a deduction u/s 36(1)(iii), however the same would
be allowed u/s 37(1).
(5) The capital borrowed should be utilised to earn taxable income,
however, where the money borrowed is utilised to earn exempt
income, no deduction is allowed for interest paid on such
borrowing.
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(6) Interest on monies borrowed to pay income tax is not allowable

as deduction.
(7) Interest for late payment or non-payment of Income Tax/
Advance Tax/TDS/TCS or for late filing of ROI shall not be
allowed as deduction.
(8) If the provisions of TDS on payment of interest are not complied
with, then interest expense will be disallowed to the payer as
per section 40(a).
(9) As per proviso to section 36(1)(iii), deduction in respect of any
amount of interest paid, in respect of capital borrowed for
acquisition of new asset for any period beginning from the date
on which the capital was borrowed for acquisition of the asset
till the date on which such asset was first put to use shall not
be allowed.
Further, explanation 8 to section 43(1) also clarifies that interest
relatable to a period after the asset is first put to use cannot
be capitalised. Hence, interest in respect of capital borrowed
for any period from the date of borrowing to the date on which
the asset was first put to use should be capitalised.
Section 36(1) Zero Coupon Bond (ZCB) - [Section 2(48)]:
(iiia): ZCBs are notified bonds issued by:
Discount on Zero - any infrastructure capital company; or
Coupon Bonds - infrastructure capital fund; or
(ZCBs) - public sector company; or
- scheduled bank
in respect of which no payment or benefit is received or receivable by
the holder of such bond before maturity or redemption & notified by
the Central Government in this regard.
Discount:
The difference between the amount payable on redemption or maturity
of such bond and the amount received on the issue of such bond is known
as discount.
This discount shall be allowed on a pro-rata basis u/s 36(1)(iiia) over the
life of such bond i.e. the period commencing from the date of issue of
bonds and ending on the date of maturity or redemption of such bonds.
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Pro-rata discount available shall be computed as follows:

(Total Discount (x) No. of months in the previous year)
Period of Life of the Bond
Section 36(1)(iv): Employer’s Contribution to Recognised Provident Fund (RPF) A/c or
Employer’s Approved Superannuation Fund (ASAF) A/c shall be allowed as a
Contribution to deduction u/s 36(1)(iv).
RPF or ASAF A/c Note:
of the Employees Deduction u/s 36(1)(iv) shall be allowed subject to section 43B.
Section 36(1) Employer’s Contribution to the account of the employee under a
(iva): notified pension scheme as referred to in section 80CCD shall be
Employer’s allowed as a deduction u/s 36(1)(iva).
Contribution to Note:
NPS A/c of the Such contribution shall be allowed only to the extent of 10% of
Employees salary of the employee.
**Salary = Basic (+) D.A. (in terms)
Section 36(1)(v): Any sum contributed by the employer to an Approved Gratuity Fund
Employer’s created by him for the exclusive benefit of his employees shall be
Contribution allowed as a deduction u/s 36(1)(v).
to Approved Note:
Gratuity Fund of Deduction u/s 36(1)(v) shall be allowed subject to section 43B.
the Employees
Note [Relevant for Section 36(1)(iv) & 36(1)(v)]:
Circular No. 22/2015 dated 17-12-2015:
As per the provisions of section 43B, certain deductions are admissible only on payment
basis. The CBDT has observed that some field officers disallow employer’s contributions
to any provident fund or superannuation fund or approved gratuity fund, by invoking
the provisions of section 43B, if it has been paid after the due dates as specified under
relevant Acts. The CBDT has examined the matter in light of the judicial decisions on
this issue.
Accordingly, the settled position is that if the assessee deposits or pays any sum by way
of tax, duty, cess or fee, by whatever name called, under any law for the time being
in force or any sum payable by the assessee as an employer by way of contribution to
any provident fund or superannuation fund or gratuity fund on or before the due date for
furnishing the return of income u/s 139(1), no disallowance can be made u/s 43B.
217
Section 36(1) Any sum deducted by any assessee being an employer from the salary
(va): of employees as contribution towards:
Employee’s - any provident fund; or
contribution - superannuation fund; or
towards Staff - ESI; or
Welfare Schemes - any other fund
for the welfare of the employees is considered as income u/s 2(24)(x)
and accordingly taxable in the hands of employer.
However, if the employer credits or deposits the amount so deducted,
to the accounts of the employees in the relevant fund, on or before
the due dates of the respective fund, the same shall be allowed as a
deduction u/s 36(1)(va) and not the due date of filing return u/s 139(1).
Note:
1. Due date of respective fund means the date by which the assessee
is required as an employer to credit such contribution to the
employee’s account in the relevant fund under the provisions of
any law or term of contract of service or otherwise.
2. The provisions of Section 43B are never applicable for such
employee’s contribution deduction to employer u/s 36(i)(va).
Section 36(1)(vi): Section 36(1)(vi) grants allowance in respect of animals (not held as
stock-in-trade); which were used in the business or profession of the
assessee and have died or permanently become useless.
Allowance u/s 36(1)(vi) shall be equal to:
Actual cost of animals (-) Amount realized on sale of such animals or
their carcasses
Note:
‘Animals’ for the purpose of section 36(1)(vi) also includes birds and
chicken.
Section 36(1)(vii): Deduction for bad debts can be claimed u/s 36(1)(vii) subject to
Bad Debts following conditions:
(excluding
Provision or (a) the debt has been taken into account in computing the income of
Reserve for Bad the assessee of that previous year or of an earlier previous year; or
Debts
(b) represents money lent by the assessee in the ordinary course of
business of banking or money lending which is carried on by the
assessee; and
218
(c) it has been written-off as irrecoverable in the books of accounts

of the assessee for that previous year.
Note:
(1) The debt or loan which is claimed as bad debt u/s 36(1)
(vii) must be incidental to the business or profession carried on
by the assessee.
(2) The term bad debt presupposes the existence of a debt and
relationship of a debtor and creditor. Unless, therefore, there
is an admitted debt it cannot be allowed as bad debt when it
becomes irrecoverable.
(3) No deduction on account of bad debt is admissible u/s 36(1)(vii)
unless the amount of debt is taken into account in computing
the total income of the assessee of that previous year or of an
earlier year. This condition is however, not relevant, if bad debt
represents money lent in the ordinary course of money-lending
or banking business.
(4) If there is a bad debt on account of sale made, it will be allowed
as deduction, since sale is treated as income. Therefore, in case
of a money lending or banking business if the interest on loans
& advances is not realizable, it will be allowed as deduction
because it has been treated as income either of current year or
of any earlier year.
However, in case of money lending or banking business, the
amount of money lent i.e. loans & advances granted shall
also qualify for deduction u/s 36(1)(vii) if the same becomes
irrecoverable and is written-off in the books of accounts of the
assessee, even though the same is not treated as assessee’s
income.
(5) No deduction on account of bad debt is admissible u/s 36(1)(vii)

unless it is written-off as irrecoverable in the books of accounts
of the assessee in the previous year in which the claim for
deduction is made. Further, as per the explanation to section
36(1)(vii), any reserve or provision for bad & doubtful debts is
not allowable as a deduction.
219
(6) If bad debts written-off are subsequently recovered then, such

recovery shall be deemed to be the income of the previous year
in which it is recovered, irrespective of the existence of business
or profession in that previous year.
(7) In case of amalgamation or demerger or succession or
conversion, the amalgamated company or resulting company
or successor or converted entity is entitled to claim deduction
of bad debts created by the amalgamating company or
demerged company or predecessor company or original entity
-T. Veerabhadrarao. K. Koteshwararao. (SC)].
(8) If advance is given for purchase of raw material & it is forfeited
by supplier, it would be allowed as a loss u/s 28.
Section 36(1) Revenue Expenditure:

(ix): Any expenditure of revenue nature bona fide incurred by a company for
Expenditure by the purpose of promoting family planning amongst its employees
a company for shall be allowed fully as a deduction in computing the company’s
promotion of business income.
family planning Capital Expenditure:
amongst If the company has incurred expenditure of capital nature, then 1/5th
employees of such expenditure shall be deducted in the previous year in which it
was incurred and in each of the four immediately succeeding previous
years.
Note:
(1) Any capital expenditure in respect of which a payment or
aggregate of payments made to a person in a day, otherwise
than by way of A/c payee cheque or A/c payee bank draft or
ECS, exceeds Rs. 10,000 shall not qualify for deduction u/s
36(1)(ix).
(2) Where profits of business are not sufficient to absorb the
family planning expenditure, the balance shall be treated as
unabsorbed expenditure on family planning and its treatment
shall be same as that of unabsorbed depreciation.
220
Section 36(1) The amount of STT paid by the assessee during the previous year in
(xv): respect of taxable securities transactions entered into in the course
Securities of business shall be allowed as deduction u/s 36(1)(xv) subject to the
Transaction Tax condition that income from taxable securities transactions is included
(STT) under the head ‘PGBP’.
Section 36(1) As per section 36(1)(xvi), an amount equal to the CTT paid by the
(xvi): assessee in respect of the taxable commodities transactions entered
Commodity into in the course of his business during the previous year shall be
Transaction Tax allowable as deduction, if the income arising from such taxable
commodities transactions is included in the income computed under
General Deduction for Residuary Expenses - [Section 37(1)]
Conditions for claiming deduction u/s 37(1):

(a) The expenditure should not be covered under specific sections i.e. sections 30 to 36.
(b) The expenditure should not be of capital nature.
(c) The expenditure should have been incurred by the assessee during the previous year
(d) The expenditure should not be of personal nature.
(e) The expenditure should have been incurred wholly & exclusively for the purposes of
business or profession of the assessee.
Explanation 1 to section 37(1) - Illegal Expenses:

Any expenditure incurred by the assessee for any purpose which is an offence or which is
prohibited by law shall not be deemed to have been incurred for the purpose of business
or profession.
Therefore, such expenditure shall not be allowed as a deduction or allowance while
computing income under the head ‘PGBP’.
For example, payment on account of protection money, extortion, hafta, bribes, fines paid
various offences etc. shall not be allowed as a business expenditure in the computation
of income of any legal as well as illegal business.
Explanation 2 to section 37(1) - CSR Expenses:

Any expenditure incurred by the assessee on the activities relating to corporate social
responsibility (CSR) referred to in section 135 of the Companies Act, 2013 shall not be
221
deemed to have been incurred for the purpose of business or profession & hence not to
be allowed as deduction u/s 37(1).
Note:
(1) The rationale behind the disallowance is that CSR expenditure, being an application
of income, is not incurred wholly & exclusively for the purposes of carrying on
business.
However, CSR expenditure, which is of the nature described in sections 30 to 36, shall be
allowed as deduction under those sections subject to fulfillment of conditions, if any,
specified therein.
Note:
(1) The deduction u/s 37(1) is limited only to the amount actually expended and does
not extend to a reserve created for a contingent liability. Hence, any reserves
created out of the profits and debited to the Profit & Loss A/c are disallowed.
(2) Section 37(1) is a residuary section under which only business expenditures are
allowable as deduction but not the business losses.
However, under the head ‘PGBP’, profits & gains should be computed after
deducting expenses/losses which are incurred/suffered while earning the income
in the regular course of the business, profession or vocation unless such expenses/
loss is expressly or by necessary implication, disallowed by the Income Tax Act,
1961.
It is to be noted that, the charge is not on the gross receipts but on the profits
& gains. In other words, business profits cannot be computed without allowing
a business loss. A trading loss of business is deductible in computing the profits
earned by the business even though there is no specific provision in the Income Tax
Act, 1961 for allowance thereof.
Such trading losses can be claimed as deduction provided the following conditions
are satisfied:
(a) It should be a real loss and not a fictional or notional one.
(b) It should be a loss on revenue account and not on a capital account.
(c) It must have been actually arisen and been incurred, not merely anticipated
as certain to occur in the future.
(d) It should be the one that is incidental to the carrying on of the business
and must arise or spring directly from or be incidental to the carrying out of
operations of the business.
222
(e) There should not be any prohibition in the Income Tax Act, 1961, express or
implied, against the deductibility thereof.
Deductible Losses:
- loss on account of embezzlement by an employee (allowable in the year in which
it is discovered)
- loss of stock-in-trade by fire or other natural calamities or due to negligence of
the employees
- loss on account of robbery or theft provided it is in the course business and
incidental to the trade
- loss caused on account of fluctuations in foreign exchange rate at the time of
remitting the money for purchase of raw materials
- los`s caused by non-recovery of advances made in the course of business, provided
it is a trading loss
- loss caused due to breach of contract for delivery of goods by either party
- loss by way of forfeiture of security deposits for failure to comply with the conditions
of contract in the normal course of business
- loss of finished goods or raw materials in transit
Non-Deductible Losses:
- loss caused due to payment of penalties for infraction or breach of law as violation
of law is not normal incident of trade
- loss due to sale of securities held as investments as the same shall be capital loss
and not business loss
- loss which are not incidental to the carrying on of the business of the assessee
- loss sustained before the business is commenced
- loss incurred in closing down of the business
- loss incurred due to damage, destruction etc. of the capital assets
- loss caused by forfeiture of advances given for purchase of capital assets
Disallowances - [Section 37(2B), 38, 40, 40A & 43B]
Advertisements in Souvenirs etc. of Political Parties - [Section 37(2B)]

Any expenditure on advertisement in any souvenir, brochure, tract pamphlet or the like
published by any political party shall not be allowed as a deduction because the assessee
is entitled to claim deduction u/s 80GGB & u/s 80 GGC from his gross total income for
223
such expenditure.
Note:
(1) Expenditure on advertisement in any other case shall be allowed as deduction if
the conditions as mentioned u/s 37(1) are satisfied.
(2) Further, any contribution or donation made to a political party or electoral trust
are also disallowed since such donations cannot be said to be an expenditure
incurred for the purpose of business or profession.
However, such donation is allowed as a deduction u/s 80GGB & 80GGC respectively.
Assets not exclusively used for the purpose of Business or Profession of the Assessee -
[Section 38]
- Where any building or plant & machinery or furniture is not exclusively used for the
purposes of business or profession of the assessee; the deduction in respect of rent,
rates, taxes, insurance, repairs and depreciation in relation to the non-business use
shall be disallowed.
- In such case, the deduction for such expenses or depreciation shall be restricted to a
fair proportionate part thereof which the A.O. may determine, having regard to the
use of such building or plant & machinery or furniture for the purposes of business
or profession.
Inadmissible Expenditures or Payments - [Section 40]
Section 40(a)(i): As per section 40(a)(i);

Non-compliance - no deduction shall be allowed for any interest, royalty, fees for
of TDS technical services or any other sum (except salary);
provisions, - which is chargeable to tax in the hands of the recipient and paid
where payment or payable:
is made outside • outside India; or
India or to a • in India to a non-resident (not being a Indian company) or
Non-Resident to a foreign company;
- on which tax is deductible at source and such tax:
• has not been deducted; or
• has been deducted but not paid on or before the due date
specified u/s 139(1).
224
Note:
As per the proviso to section 40(a)(i);
- where in respect of any such sum, the tax
• has been deducted in any subsequent year; or
• has been deducted in the previous year but paid after the
due date of filing of return u/s 139(1);
- such sum shall be allowed as a deduction in computing the
income of the previous year in which such tax has been paid.
Section 40(a) As per section 40(a)(ia);

(ia): - 30% of any sum payable to a resident, on which tax is deductible
Non Compliance at source, shall be disallowed if such tax:
of the TDS • has not been deducted; or
provisions, • has been deducted but not paid on or before the due date
where payment specified u/s 139(1).
is made to Note:
Residents As per the proviso to Section 40(a)(ia);
- if in respect of such sum, the tax:
• has been deducted in any subsequent year; or
• has been deducted during the previous year but paid after the
due date specified in section 139(1);
- 30% of such sum shall be allowed as deduction in computing
the income of the previous year in which such tax has been
paid.
Example:
Tax on commission paid to Mr. X (resident), has been deducted during
the P.Y. 19-20, the same has to be paid by on or before the due date
of filing the return of income i.e. 31/07/20 or 30/09/20 (as the case
may be). Otherwise, 30% of commission paid shall be disallowed in
computing the income for the P.Y. 19-20 i.e. A.Y. 20-21.
If in respect of such commission, tax deducted during the P.Y.
19-20 has been paid after such due date, then, 30% of such
commission shall be allowed as deduction in the year of payment
of such tax.
225
Section 40(a)(ii): - Any sum paid on account of any rate or tax or cess levied on
Income Tax Paid profits on the bases of or in proportion to the profits & gains of
any business or profession.
- In other words, any income tax levied & paid in India shall be
disallowed.
Section 40(a) - Where any State Government undertaking pays dividend to the State
(iib): Government, then such dividend is not deductible as an expense in
Levy by their hands and is also liable to Dividend Distribution Tax (DDT).
the State - State Government(s) instead of taking dividends, take money
Government from these undertakings in the form of royalty, licence fee,
service fee, privilege fee, service charge or any other fee or
charge, which were exclusive levies on such undertakings.
- This is done so that such payments are allowed as a deduction
in the hands of such undertakings & the State Government(s) get
the money without any payment of Dividend Distribution Tax
(DDT) by such undertakings.
- In order to levy tax on such withdrawals by the State
Government(s) from such undertakings; it is provided that
wherein any exclusive payment in the form of royalty, licence fee,
service fee, privilege fee, service charge or any other fee or charge
are paid to the State Government by such undertakings, the same
shall be disallowed in the hands of such undertakings.
It may be noted that the disallowance u/s 40(a)(iib) is attracted if:
(a) the levy is by the State Government i.e. disallowance is not
attracted if the levy is by the Central Government.
(b) such levy is an exclusive levy on such undertakings by the State
Government i.e. if the levy is non-exclusive i.e. the same levy is
applicable to others also then also the disallowance is not attracted.
Section 40(a) As per section 40(a)(iii);
(iii): - any ‘salary’ paid or payable:
Salary without • outside India; or
TDS • to a non-resident
- shall be disallowed, if TDS:
• has not been deducted; or
• has been deducted but not paid within the time prescribed
under the Income Tax Act, 1961
226
Section 40(a)(v): In case of an employee, deriving income in the nature of non-

Tax paid on monetary perquisites, the amount of tax on such income paid by his
non-monetary employer is exempt from tax in the hands of that employee u/s 10(10CC).
perquisites of Correspondingly, such TAX payment is not allowed as deduction from
the employee the income of the employer.
Section 40(b): - Interest on partners’ capital or loans from partners shall be
Interest or allowed as deduction only when the payment of such interest is
Remuneration to authorised by the partnership deed.
partners paid/ Such interest shall be allowed to the extent of least of the
payable by the following:
firm (a) Interest paid/payable as per the partnership deed; or
(b) Interest calculated @ 12% p.a.
- Remuneration to a working partner by whatever name called (like
salary, bonus, commission etc.) shall be allowed as deduction if
the same is authorised or covered by the partnership deed.
Such remuneration shall be allowed to the extent of least of the
following:
(a) Remuneration paid/payable to as per the partnership
deed; or
(b) Maximum Amount as Specified u/s 40(b).
Note:
(1) Maximum Amount as Specified u/s 40(b):
- on the first Rs. 3,00,000 of Book Profit or in case of Loss:
` 1,50,000 or 90% of the Book Profit (whichever is
higher)
- on the Balance Amount of Book Profit:
60% of the Book Profit
Book Profit:
Book Profit means the net profit as shown in
the Profit & Loss A/c of the partnership firm for
the relevant previous year, computed as per the
provisions of this head and such profit should be
increased by the remuneration paid/payable to the
partners of the firm, if the same has been deducted
while computing the above net profits.
227
(2) Working partner means a partner who is actively engaged

in conducting the affairs of the business/profession of the
firm.
(3) Salary, bonus, commission or other remuneration in
relation to a period prior to the date of partnership deed
shall not be allowed as a deduction.
(4) Any interest or remuneration received by a partner from
the firm shall be taxable in the hands of such partner as
income under the head ‘PGBP’ to the extent such interest
or remuneration is allowed as a deduction to the firm.
However, any share in the profits of a firm received by the
partner of such firm shall be fully exempt u/s 10(2A).
Expenses or Payments not deductible in certain circumstances - [Section 40A]
Section 40A(2): As per the provisions of section 40A(2);

Excessive or - where, any payment is made in respect of goods, services or
Unreasonable facilities supplied or provided by a ‘specified person’; and
Payments made - the amount paid to such ‘specified person’ is considered to be
to Specified excessive or unreasonable as compared with the market value
Persons of such goods, services or facilities;
- then, the excess or unreasonable sum shall be disallowed by the
A.O.
- In this regard, the A.O. shall have due regard to the:
(a) market value of the goods, services or facilities for which
the payment is made; or
(b) legitimate needs of the business or profession carried on by
the assessee; or
(c) benefit derived by or accruing to the assessee from such
payment.
228
Note:
For the purpose of section 40A(2), specified person means:
(1) In case of an assessee being an Individual:
(i) any relative i.e. spouse, brother, sister, any lineal
ascendant or descendant of such individual; or
(ii) any person in whose business or profession the assessee
himself or his relative has substantial interest.
(2) In case of an assessee being a Company / Firm / HUF / AOP / BOI:
(i) any director of the company or partner of the firm or
member of the HUF or AOP/BOI or any relative of such
director or partner or member; or
(ii) any person who carries on a business or profession, in
which the company or firm or HUF or AOP/BOI or director
of the company or partner of the firm or member of the
HUF or AOP/BOI or any relative of such director or partner
or member has substantial interest.
Substantial Interest:
A person shall be deemed to have substantial interest in any
business or profession if, such person is at any time during the
previous year:
- beneficial owner of at least 20% equity share capital; or
- entitled to at least 20% of the profits of the concern.
Section 40A(3): As per the provisions of section 40A(3);

Payments - where the assessee incurs any expenditure;
in excess of - in respect of which a payment or aggregate of payments made
`10,000 to a person in a day;
- otherwise than by:
• an account payee cheque; or
• an account payee bank draft; or
• use of electronic system through a bank account;
- exceeds ` 10,000;
- then, such payment shall be fully disallowed.
229
Note:
(1) The provision of section 40A(3) shall apply to all categories
of expenditure involving payments for goods or services which
are deductible in computing the taxable income.
(2) Payment or aggregate of payments; upto ` 35,000 in a day can
be made to a transport operator, otherwise than by way of an
account payee cheque or account payee bank draft or use of
electronic clearing system through a bank account.
(3) As per the provisions of section 40A(3A);
- in case of an assessee following mercantile system of
accounting;
- if an expenditure has been allowed as deduction in any
previous year on due basis; and
- payment has been made in a subsequent year otherwise
than by:
• account payee cheque; or
• account payee bank draft; or
• use of electronic clearing system through a bank
account;
- then, the payment so made, shall be deemed to be the
income of the subsequent year,
- if such payment or aggregate of payments made to a
person in a day exceeds 10,000.
(4) Cases where disallowances would not be attracted:

(a)
Loan transactions:
It does not apply to loan transactions because advancing of
loans or repayments of the principal amount of loan does
not constitute an expenditure deductible in computing the
taxable income.
However, interest payments of amounts exceeding `
10,000 at a time are required to be made by account
payee cheques or drafts or electronic clearing system as
interest is a deductible expenditure.
230
(b) Payment made by commission agents:

This requirement does not apply to payment made by
commission agents for goods received by them for sale on
commission or consignment basis because such a payment
is not an expenditure deductible in computing the taxable
income of the commission agent.
For the same reason, this requirement does not apply to
advance payment made by the commission agent to the
party concerned against supply of goods.
However, where commission agent purchases goods on his
own account but not on commission basis, the requirement
will apply. The provisions regarding payments by account
payee cheque or draft or electronic clearing system apply
equally to payments made for goods purchased on credit.
(c) Exceptions to section 40A(3) & 40A(3A) as per Rule 6DD:

No disallowance u/s 40A(3) shall be made & no payment
shall be deemed to be the ‘PGBP’ income u/s 40A(3A) in
following cases & circumstances even though a payment
or aggregate of payments exceeds ` 10,000, otherwise
than by an a/c payee cheque or a/c payee bank draft or
use of ECS through a bank account - [Rule 6DD]:
- Payment is made to:
(a) the Reserve Bank of India or any banking
company
(b) the State Bank of India or any subsidiary bank
(c) any co-operative bank or land mortgage bank
(d) any primary agricultural credit society or any
primary credit society
(e) the Life Insurance Corporation of India
- Payment is made to Government and as per the rules
such payment is required to be made in legal tender.
- Payment is made by:
(a) any letter of credit arrangements through a
bank
(b) a mail or telegraphic transfer through a bank
231
(c) a book adjustment from any account in a bank to

any other account in that or any other bank(d)
a bill of exchange made payable only to a bank
(d) a bill of exchange made payable only to a bank
(e) a credit card
(f) a debit card
- Payment is made by way of book adjustment against
the amount of any liability incurred for goods
supplied or services rendered.
- Payment is made for the purchase of:
(a) agricultural or forest produce
(b) the produce of animal husbandry (including
livestock, meat, hides and skins) or dairy or
poultry farming
(c) fish or fish products
(d) the products of horticulture or apiculture, to the
cultivator, grower or producer of such articles,
produce or products
- Payment is made to the producer of goods in cottage
industry without the aid of power.
- Payment is made in a village or town, which on the date
of such payment is made, is not served by any bank.
- Terminal retirement payment or gratuity payment to
an employee or his legal heirs to the extent of ` 50,000.
- Payment to employees on temporary posting for a

continuous period of 15 days or more if such payment
is made after deduction of tax at source and such
employee does not maintain any bank account at
such place.
- Payment is made by any person to his agent who
is required to make payment in cash for goods or
services on behalf of such person.
- Payment is made by an authorised dealer or a
money changer against purchase of foreign currency
or travelers cheques.
232
Section 40A(7): As per section 40A(7);

Provision for - no deduction shall be allowed to any assessee carrying on any
Payment of business or profession;
Gratuity to - in respect of any provision (whether called as provision or by
Employees any other name) made by him towards the payment of gratuity
to his employees on their retirement or on the termination of
their employment for any reason.
Note:
(1) Reason for such disallowance is that, u/s 36(1)(v), deduction
is allowed in computing the income under the head ‘PGBP’
in respect of any sum paid by a taxpayer in his capacity as
an employer in the form of contributions made by him to an
approved gratuity fund created for the exclusive benefit of his
employees under an irrevocable trust.
Further, section 37(1) provides that any expenditure other than
the expenditure of the nature described in sections 30 to 36
laid out or expended, wholly & exclusively for the purpose of
the business or profession must be allowed as a deduction in
computing the taxable income under the head ‘PGBP’.
Combined reading of both the above provisions clearly indicates
that the intention of the legislature has always been that the
deduction in respect of gratuity shall be allowable to the
employer either in the year in which the gratuity is actually paid
or in the year in which contributions to an approved gratuity
fund are actually made by employer.
This provision, therefore, makes it clear that any amount
claimed by the assessee towards provision for gratuity, by
whatever name called shall be disallowed in the assessment
of employer even if the assessee follows the mercantile system
of accounting.
(2) However, no disallowance shall be made u/s 40A(7) in a case:

• where any provision is made by the employer for the purpose
of payment of sum by way of contribution to an approved
gratuity fund during the previous year; or
233
• for the purpose of making payment of any gratuity that has

become payable during the previous year by virtue of the
employee’s retirement, death, termination of service etc.
(3) Further, where any provision for gratuity for any reason has
been allowed as a deduction to the assessee for any assessment
year, any sum paid out of such provision by way of contribution
towards an approved gratuity fund or by way to gratuity to
employee shall not be allowed as deduction to the assessee in
the year in which it is paid.
(4) Examples:
(i) An employee retires during the current year. The employer
does not maintain any gratuity fund. Gratuity is paid to
him during the current year. Such gratuity is deductible
during the current year.
(ii) An employee retires during the current year. Gratuity is
payable to him. Part of the gratuity is paid to him during
the current year and the balance shall be paid in the
next year. A provision is made towards the gratuity in the
books of accounts of the current year for making payment
in the next year. The entire amount is deductible during
the current year (if no deduction was claimed earlier).
In this case, deduction is available during the current
year even if provision is made for gratuity fund, which is
unapproved.
(iii) A company has 100 employees. To meet the future liability

to pay them gratuity at the time of retirement, gratuity
fund is created & the employer is making contribution to
this fund every year. Employer’s contribution to this fund
is deductible only if the fund is an approved gratuity fund.
234
Section 40A(9): Any sum paid by the assessee as an employer by way of contribution
Contributions towards RPF or ASAF or approved gratuity fund is deductible to the
by Employers to extent required by law.
Non-Statutory However, if the following conditions are satisfied, then the contribution
Funds or payment shall not be deductible:
(a) The contribution or payment is made by an employer.
(b) It is paid towards setting up (or formation of) any trust, company,
AOP, BOI, society or it is paid by way of contribution to any fund.
(c) Such contribution or payment is not required by any law.
Note:
(1) Section 40A(9) has been introduced to curb the growing
practice amongst the employers to claim deductions from
taxable business profits for contributions made apparently for
the welfare of employees, from which, however, no genuine
benefit flows to the employees.
(2) Section 40A(9), which provides for disallowance of any sum paid
by an employer towards contribution to any fund or trust has
been amended to exclude from the scope of its disallowance,
contribution by an employer to the pension scheme referred to
in section 80CCD, to the extent to which deduction is allowable
u/s 36(1)(iva).
Deductions for certain expenses only on Payment Basis - [Section 43B]

As per the provisions of section 43B, following expenses shall be allowable only in the year
in which they are actually paid, irrespective of the method of accounting regularly followed by
the assessee and irrespective of the year in which the liability for such expenses accrues:
(1) Any sum payable by an employer by way of contribution (i.e. employer’s contribution)
to provident fund or superannuation fund or approved gratuity fund or any other
fund for the welfare of the employees.
(2) Any sum payable by way of tax, duty, cess or fee by whatever name called under any
law.
(3) Any bonus or commission payable to the employees.
(4) Any sum payable as interest on any loan or borrowing from:
- a public financial institution (PFI) i.e. ICICI, IFCI, IDBI, LIC and UTI; or
- a state financial corporation (SFC); or
235
- a state industrial investment corporation (SIIC); or

- any scheduled bank & co-operative Bank. Excluding Primary agricultural credit society
& primary co-operative agriculture & rural development Bank.
(5) Any sum payable by an employer in lieu of leave at the credit of his employees (i.e.
leave salary).
(6) Any sum payable to Indian Railways for the use of railway assets.
(7) Any sum payable by the assesse as interest on any loan from Bank NBFC.
Note:
(1) If the above payments are made after the end of the previous year but on or before
the due date of filing the return of income for that previous year, then the deduction for
these expenses shall be allowed in the year in which the liability to pay accrues.
(2) As per the explanation 3D to section 43B, where any interest payable by the
assessee is converted into a loan, the interest so converted and not actually paid
shall not be deemed as actual payment, hence would not be allowed as deduction
- [Circular No. - 7/2006]
(3) Bank guarantee does not amount to actual payment.
(4) Electricity charges payable to the State Government is not covered under the
provisions of section 43B since it is neither tax not duty nor cess nor fee payable
under any law.
(5) Section 43B provisions are never applicable in relation to Section 36(1)(va)
deduction.
Deemed Incomes - [Section 41]

This section specifies certain receipts which are deemed to be income under the head
‘PGBP’.
Such receipts would attract charge even if the business to which they relate had ceased
to exist prior to the year in which the liability under this section arises. The particulars of
such receipts are given below:
Section Deduction Applicability Nature of Receipt treated as Year in which
already Deemed Income taxable
allowed u/s
41(1) 30 to 38 All Recovery of loss or Year in which
assessees expenditure or trading recovered or
liability which was earlier written-off by
allowed, including remission the assessee
236
or cessation of liability
effected by a unilateral act.
(such sum is chargeable in the
hands of successor in business also)
Example:
Suppose an allowance or deduction has been made in any assessment year in respect
of a loss, expenditure or trading liability incurred by Mr. X.
Subsequently, if Mr. X has obtained, whether in cash or in any manner whatsoever, any
amount in respect of such loss or expenditure of some benefit in respect of such trading
liability by way of remission or cessation thereof, the amount obtained by Mr. X, or the
value of benefit accruing to him shall be taxed as income of that previous year.
It does not matter whether the business or profession in respect of which the allowance
or deduction has been made is in existence in that year or not.
Further, it is also possible that after the above allowance in respect of loss, expenditure,
or trading liability has been given to Mr. X, he could have been succeeded in his business
by another person say Mr. Y, then, in such case, the successor i.e. Mr. Y shall be liable
to be taxed in respect of any such benefit received by him during a subsequent previous
year.

allowed u/s
41(2) 32(1)(i) Assessees Balancing charge on assets in Year in which
engaged respect of which depreciation the asset
in power is claimed on SLM basis, is sold or
business is sold or discarded or transferred
demolished or destroyed.
Note:
The concept of balancing charge has been explained in detail u/s 32(1)(i).

allowed u/s
41(3) 35(2) All Amount realised on sale Year in which
assessees of capital assets used for sale takes
scientific research. place
237
Note:
The above concept has been explained in detail u/s 35.

allowed u/s
41(4) 36(1)(vii) All Bad-debts earlier allowed Year in which
assessees but subsequently recovered it is recovered
by the assessee.
Miscellaneous Provisions
[Section 43A, 43CA, 44AA, 44AB, 44AD, 44ADA, 44AE]
Changes in the rate of exchange of currency - [Section 43A]

Applicability:
The assessee has acquired any asset from abroad for the purpose of his business or
profession. Such purchase is on credit or deferred payment basis or on loan in foreign
currency.
Adjustment & Treatment:
If there is an towards the whole or part of the cost If there is an

increase or of the asset; or increase or
reduction in towards the repayment of whole or reduction in
the liability part of the loan taken by the assessee the liability
(expressed in from any person directly or indirectly (expressed in
INR) at the time in foreign currency specifically for the INR) at the time
of making the purpose of acquiring the asset along of making the
payment with interest (if any) payment
Purpose of such adjustment is to compute:

(a) the actual cost of the asset u/s 43(1)
(b) the amount of capital expenditure incurred on scientific research u/s 35(1)(iv)
(c) the amount of capital expenditure incurred by a company for promoting family
planning amongst its employees u/s 36(1)(ix)
238
(d) the cost of acquisition of a non-depreciable capital asset falling u/s 48 (not being
capital assets falling u/s 50).
Liability met by other person:

Where the whole or any part of the liability aforesaid is met, not by the assessee, but,
directly or indirectly, by any other person or authority, the liability so met shall not be
taken into account for the purposes of this section.
Forward contracts:
In case of forward contracts for settlement of liability, the adjustment in the rate of
exchange shall be made by reference to the forward rate.
Full Value of Consideration for transfer of Land or Building or Land & Building as stock-
in-trade - [Section 43CA]
(1) Section 43CA has been inserted as an anti-avoidance measure to provide that:
- where the consideration for transfer of an immovable property held as stock-
in-trade (i.e. land or building or land & building held as stock-in-trade);
- is less than the stamp duty value (SDV) of such immovable property;
- then, such SDV shall be deemed to be the full value of the consideration for the
purposes of computing the ‘PGBP’ income.
- The provisions of section 43CA shall not be applicable;
• if the difference between the SDV and the consideration does not exceed
10% of the consideration received or accruing as a result of such transfer.
• In other words, section 43CA shall not be applicable if, (SDV - Consideration)
≤ 10% of Consideration).
• in such a case, the actual consideration shall only be deemed to be the full
value of consideration for the purpose of computing the ‘PGBP’ income.
(2) Further, where the date of an agreement for the transfer and the date of registration
of the transfer are not same;
- the SDV may be taken as on the date of the agreement for transfer instead of
SDV as on the date of registration for such transfer;
- provided, the consideration or any part thereof has been received by way of an
a/c payee cheque or a/c payee bank draft or use of ECS through a bank account
on or before the date of such agreement for such transfer.
(3) The A.O. may refer the valuation of the asset to a valuation officer if the assessee
claims before the A.O. that the SDV exceeds the FMV of the property as on the date
239
of transfer and such SDV has not been disputed in any appeal or revision or no
reference has been made before any other authority, court or High Court.
- In such case, if the value ascertained by the valuation officer is less than the
SDV, then, the value so ascertained by the valuation officer shall be taken
as the full value of the consideration received or accruing as a result of the
transfer.
- Further, if the value ascertained by the valuation officer exceeds the SDV, the SDV
shall be taken as the full value of the consideration received or accruing as a result
of the transfer.
(4) (a) If a resident unit (held as stock in trade for sale) is sold in the period 12-11-20
to 30-6-21 & if the Stamp duty value (S.D.V.) is < 20% of agreed value, then
agreed sale value will be taken as sales itself.
(b) The Sale is by way of first time allotment of the residential unit to any person
(c) The Sale value of such residential unit is < 2 crore rupees.
(d) If the S.D.V. is > 20% of agreed sale value, then S.D.V. would be taken as sale
value for computation of business profits.
Maintenance of Books of Accounts & Documents etc. - [Section 44AA]
(1) Every person carrying on:

- legal, medical, engineering or architectural profession or technical consultancy or
interior decoration; or
- any other profession as has been notified by the CBDT in the official gazette;
whose gross receipts from the profession:
- exceeds ` 1,50,000 in all the 3 previous years immediately preceding the current
previous year (in case of existing professions);
OR
- likely to exceed ` 1,50,000 in the current previous year (in case of profession newly
set up during the current previous year)
Note:
Professions notified by the CBDT:
The profession of:
- authorised representative;
- film artist (actor, camera man, director, music director, art director, editor,
singer, lyricist, story writer, screen play writer, dialogue writer and dress
designer);
240
- company secretary; and

- information technology professionals
must compulsorily maintain books of accounts & other documents as prescribed under
Rule 6F of the Income Tax Rules, 1962.
Note:
Books of accounts & other documents prescribed under Rule 6F:
(a) Cash Book;
(b) Journal;
(c) Ledger;
(d) Carbon copies of bills & receipts issued by the person whether machine numbered
or otherwise serially numbered, in relation to sums exceeding `25;
(e) Original bills & receipts issued to the person in respect of expenditure incurred
by the person, or where such bills and receipts are not issued, payment vouchers
prepared & signed by the person, provided the amount does not exceed ` 50.
Where the cash book contains adequate particulars, the preparation and signing
of payment vouchers is not required.
Further, a person carrying on medical profession, shall be required to maintain the following in
addition to the list given above:
(a) a daily case register in Form 3C.
(b) an inventory register having the details of stock of drugs, medicines and other
consumable accessories as on the first and last day of the previous year used for
his profession.
Period:
Such books & documents shall be maintained for a period of 6 years from the end of the
relevant assessment year.
Place:
The books & documents shall be kept & maintained at the place where the person is
carrying on the profession, or where there is more than one place, at the principal place
of his profession.
However, if he maintains separate set of books for each place of his profession, such
books & documents may be kept & maintained at the respective places.
241
(2) Assessees carrying on specified profession, whose gross receipts does not exceed
the limits specified above in point no. (1);
(3) Assessees carrying on any business or profession (other than a specified profession)
being:
- Individual or HUF:
• whose ‘PGBP’ income is > ` 2,50,000 or the total sales turnover or gross
receipts of such business or profession is > ` 25,00,000 in any one of the
3 years immediately preceding the current previous year (in case of an
existing business or professions);
OR
• whose ‘PGBP’ income is likely to be > ` 2,50,000 or the total sales
turnover or gross receipts of such business or profession is likely to be >
` 25,00,000 during the current previous year (in case of a new business
or profession)
- Any person (other than Individual or HUF):
• whose ‘PGBP’ income is > ` 1,20,000 or the total sales turnover or gross
receipts of such business or profession is > ` 10,00,000 in any one of the
3 years immediately preceding the current previous year (in case of an
existing business or professions);
OR
• whose ‘PGBP’ income is likely to be > ` 1,20,000 or the total sales
turnover or gross receipts of such business or profession is likely to be >
` 10,00,000 during the current previous year (in case of a new business
or profession);
(4) Assessee is covered u/s 44AE or 44BB or 44BBB and claims that the profits & gains
from business are lower than the profits & gains computed on a presumptive basis;
(5) Assessee is covered u/s 44AD(4) & his income exceeds the basic exemption limit;
must also compulsorily maintain books of accounts & other documents.

However, no books & documents have been prescribed for such assessees in
Income Tax Rules.
Therefore, such assessees shall keep & maintain such books & documents
as may enable the A.O. to compute his total income in accordance with the
provisions of the Income Tax Act, 1961
242
Tax Audit - [Section 44AB]

 Assessees compulsorily liable to get the accounts audited:
It is obligatory in the following cases for a person carrying on business or profession
to get his books of accounts audited:
(a) if the total sales turnover or gross receipts in the business > ` 1 crore in any previous
year. However if the aggregate of all amounts received in cash & payments
made in cash does not exceed 5% of aggregate amounts during previous year,
then tax audit will be applicable if gross receipts is > 10 crore rupees (i.e. not
applicable till 10 crore rupees).
The Payment or receipt as the case may be, by a cheque or bank draft which is
not A/c payee, shall be considered as made in cash.
(b) if the gross receipts in the profession > ` 50 lakhs in any previous year; or
(c) where the assessee is covered u/s 44AE or 44BB or 44BBB and claims that the
profits & gains from business are lower than the profits & gains computed on
a presumptive basis. (in such cases, normal monetary limits for tax audit in
respect of business will not apply).
(d) where the assessee is carrying on a notified profession u/s 44AA and he claims
that the profits & gains from such profession are lower than the profits & gains
computed on a presumptive basis u/s 44ADA and his total income exceeds the
basic exemption limit.
(e) where the assessee is covered u/s 44AD(4) and his income exceeds the basic
exemption limit.
Note:
Non-applicability:
(1) The requirement of audit u/s 44AB does not apply to a person who
declares profits & gains on a presumptive basis u/s 44AD and his total
sales turnover or gross receipts is ≤ 2 crores.
(2) Further, the requirement of audit u/s 44AB does not apply to a person
who derives income of the nature referred to in section 44B and 44BBA.
 Audit Report:
The persons mentioned above are required to furnish by the specified date a report
of the audit in the prescribed forms. For this purpose, CBDT has prescribed under
Rule 6G following forms:
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Audit Report Statement of

Particulars
In case of a person who carries on Form 3CA Form 3CD
business or profession and whose
books are required to be audited by or
under any law.
In case of a person who carries on Form 3CB Form 3CD
business or profession but not being
a person referred as above.
 Audit:
In cases where the accounts of a person are required to be audited by or under
any other law before the specified date, it will be sufficient if the person gets his
accounts audited under such other law before the specified date and also furnish by
the said date the report of audit in the prescribed form in addition to the report of
audit required under such other law.
For example, section 44AB does not imply a second or separate audit of accounts of
companies whose accounts are already required to be audited under the provisions
of Companies Act, 2013. Section 44AB only requires that companies should get their
accounts audited under the Companies Act, 2013 before the specified date and in
addition to the report required to be given by the auditor under the Companies Act,
2013 furnish a report for income tax purposes in the form to be prescribed in this
behalf by the CBDT.
 Specified date:
Date one month prior to the due date of filing the return of income as specified u/s
139(1).
Presumptive Income of any Business - [Section 44AD]

Eligible Assessees Resident individual, HUF & partnership firm (except LLP), who has
not claimed deduction u/s 10A, 10AA, 10B, 10BA or 80-IA, 80-
IB, 80-IC, 80-ID, 80-IE, 80JJA, 80JJAA, 80LA, 80QQB, 80RRB.
Eligible Business Any business having total turnover or gross receipts of < ` 2 crores
(except the business of plying, hiring & leasing goods carriages
as the same is covered u/s 44AE).
244
Persons Not Eligible (a) person carrying on specified profession as referred u/s 44AA(1);
for Presumptive or
Taxation Scheme (b) person earning income in the nature of commission or
brokerage; or
(c) person carrying on agency business.
Amount of 8% of total turnover or gross receipts or such higher sum as declared
Presumptive Income by the assessee shall be deemed to be the ‘PGBP’ income.
Lower presumptive income u/s 44AD:
6% of total turnover or gross receipts or such higher sum as declared
by the assessee shall be deemed to be the ‘PGBP’ income in respect
of turnover which is received by way of account payee cheque or
account payee bank draft or by use of electronic clearing system
through a bank account during the previous year or before the
due date of filing of return u/s 139(1) in respect of that previous
year.
No Deduction u/s 30 All deductions allowable u/s 30 to 38 shall be deemed to have
to 38 been allowed in full and no further deduction shall be allowed.
Maintenance of Eligible assessees opting for the presumptive taxation scheme

Books of Accounts & u/s 44AD are not required to maintain books of account u/s 44AA
Requirement of Tax or get them audited u/s 44AB.
Audit Note:
Section 44AB makes it obligatory for every person carrying on
business to get his accounts of any previous year audited if his
total sales turnover or gross receipts > ` 1 crore.
However, if an eligible person opts for presumptive taxation
scheme as per section 44AD(1), he shall not be required to get
his accounts audited if the total turnover or gross receipts ≤ `
2 Crores.
Benefit of Chapter Deductions available under chapter VI-A i.e. deductions u/s 80C
VI-A Deductions to 80U shall be available out of such presumptive income.
Depreciation for WDV of any asset of such business shall computed, as if the
subsequent previous depreciation had been allowed in earlier years.
years
245
Restrictions on As per the provisions of section 44AD(4), if an eligible assessee

Presumptive declares profit for any previous year as per section 44AD(1);
Provisions and declares profit for any of the next 5 previous years not in
accordance with section 44AD(1), then, such assessee shall not
be eligible to claim the benefit u/s 44AD(1) for next 5 previous
years subsequent to the previous year in which the profit has not
been declared as per section 44AD(1).
Further, as per the provisions of section 44AD(5), an eligible
assessee to whom the provisions of section 44AD(4) are applicable
and whose total income for that previous year exceeds the basic
exemption limit has to maintain books of account u/s 44AA and
get them audited and furnish a report of such audit u/s 44AB.
Advance Tax The assessee eligible for presumptive provisions is required to
pay advance tax by 15th March of the financial year.
Presumptive Income of Specified Professions - [Section 44ADA]
Eligible Assessee Presumptive provisions of section 44ADA shall be applicable to:

- a resident assessee being an individual or a partnership firm
(not a L.L.P.) who is engaged in any specified profession; and
- gross receipts from such profession is ≤ ` 50 lakhs.
Specified Profession:
Professions as referred to in section 44AA(1) i.e. a person carrying on:
- legal, medical, engineering or architectural profession or
technical consultancy or interior decoration; or
- any other profession as notified by the CBDT in the official
gazette.
Professions notified by the CBDT:
The profession of:
- authorised representative;
- film artist (actor, camera man, director, music director,
art director, editor, singer, lyricist, story writer, screen
play writer, dialogue writer and dress designer);
- company secretary; and
- information technology professionals
246
Amount of 50% of gross receipts or such higher sum as declared by the

Presumptive Income assessee shall be deemed to be the ‘PGBP’ income.
Maintenance of Eligible assessees opting for the presumptive taxation scheme
Books of Accounts & u/s 44ADA are not required to maintain books of account u/s
Requirement of Tax
Audit 44AA or get them audited u/s 44AB.
VI-A Deductions to 80U shall be available out of such presumptive income.
years
Option to claim lower Assessee may claim that his profits & gains from the aforesaid
profits profession are lower than the profits & gains deemed to be his
income u/s 44ADA(1); and if his total income exceeds the basic
exemption limit for that previous year, then, he has to maintain
books of account u/s 44AA and get them audited and furnish a
report of such audit u/s 44AB.
Advance Tax The eligible assessee is required to pay advance tax by 15th
March of the financial year.
Presumptive Income of Business of plying, hiring & leasing of goods carriages - [Section
44AE]
Eligible Assessee Section 44AE provides for estimating business income of:
- an assessee who is engaged in the business of plying, hiring
or leasing of goods carriages; and
- does not owns more than 10 goods carriages at any time
during the previous year
Amount of For heavy goods vehicles For vehicles other than heavy
Presumptive Income goods vehicle
` 1,000 per ton of gross vehicle ` 7,500 for every month or
weight or unladen weight (as the part of a month during which
case may be) for every month such vehicle is owned by the
or part of a month during which assessee in the previous year
such vehicle is owned by the
assessee in the previous year
247

Maintenance of Eligible assessees opting for the presumptive taxation are not
Books of Accounts & required to maintain books of account u/s 44AA or get them
Requirement of Tax
Audit audited u/s 44AB.
VI-A Deductions to 80U shall be available.
years
Option to claim lower Books of accounts to be maintained u/s 44AA and provisions of
profits tax audit u/s 44AB has to be complied with.
Note:
(1) Heavy Goods Vehicle:
Heavy goods vehicle means any goods carriage, the gross vehicle weight of which
exceeds 12,000 kilograms.
(2) Gross Vehicle Weight:
Gross vehicle weight is the total weight of the vehicle and load certified and
registered by the registering authority permissible for that vehicle.
(3) Unladen Weight:
Unladen weight means the weight of a vehicle or trailer including all equipment
ordinarily used with the vehicle or trailer when working but excluding the weight
of driver or attendant and where alternative parts or bodies are used the unladen
weight of the vehicle means the weight of the vehicle with the heaviest such
alternative body or part
248
CLASSWORK PROBLEMS
Question 1
Dr. Krishna furnishes you the following information:
Income and Expenditure Account for the year ended 31st March, 2022.
` `
To Medicines consumed 2,42,000 By Fee Receipts 8,97,500
To Staff salary 1,65,000 By Rent 27,000
By Dividend from Indian 9,000
To Hospital consumables 47,500 companies
To Amount paid to Scientific 50,000

Research Association
approved u/s 35
To Rent paid 60,000
To Administrative expenses 1,23,000
To Net income 2,46,000
9,33,500 9,33,500
(i) Rent paid includes rent for his residential accommodation of ` 30,000 (paid
by cheque).
(ii) Hospital equipments (eligible for depreciation @ 15%)
01.04.2021 Opening WDV ` 5,00,000
07.12.2021 Acquired (Cost) ` 2,00,000
(iii) Medicines consumed include medicines (cost) `10,000 used for Dr. Krishna'a family.
(iv) Rent received relates to a property situated at Mysore (Gross Annual Value).
The municipal tax of ` 2,000 paid in December, 2021 has been included in the
"administrative expenses".
(v) He received ` 5,000 per month as salary from Full Cure Hospital. This has not been
included in the "fee receipts" credited to income and expenditure account.
Compute Dr. Krishna's professional income for the year ended 31.3.2022.
Question 2
Mr. Sivam, a retail trader of Cochin gives the following Trading and Profit and Loss Account
for the year ended 31st March, 2022.

249
Trading and Profit and Loss Account for the year ended 31.3.2022
` `
To Opening stock 90,000 By Sales 12,11,500
Purchases 10,04,000 Income from UTI 2,400
Gross Profit 3,06,000 Other business receipts 6,100
Closing Stock 1,80,000
14,00,000 14,00,000
To Salary 60,000 Gross Profit b/d 3,06,000
Rent and Rates 36,000
Interest on loan 15,000
Depreciation 1,05,000
Printing and Stationery 23,200
Postage and Stationery 1,640
Loss on Sale of Shares
(Short - term) 8,100
Other general expense 7,060
Net Profit 50,000
3,06,000 3,06,000
Additional Information:
(i) It was found that some stocks were omitted to be included in both the Opening and
Closing Stock, the values of which were:
Opening stock ` 9,000
Closing stock ` 18,000
(ii) Salary includes ` 10,000 paid to his brother, which is unreasonable to the extent of
` 2,000.
(iii) The whole amount of printing and stationery was paid in cash.
(iv) The depreciation provided in the Profit and Loss Account `1,05,000 was based on
the following information :
The written down value of plant and machinery is ` 4,20,000. A new plant falling
under the same Block of depreciation of 15% was bought on 1.7.2021 for ` 70,000.
Two old plants were sold on 1.10.2021 for ` 50,000.
(v) Rent and rates includes sales tax liability of ` 3,400 paid on 7.4.2022.
(vi) Other general expenses include ` 2,000 paid as donation to a Public Charitable Trust
and penalty of ` 3,000 for contravention of GST.
You are required to advise Mr. Sivam whether he can offer his business income under
250
section 44AD i.e. presumptive taxation.
Question 3.
Mr. Raju, a manufacturer at Chennai, gives the following Manufacturing, Trading and
Profit & Loss Account for the year ended 31.03.2022:
Manufacturing, Trading and Profit & Loss A/c for the year ended 31.03.2022.
Particulars ` Particulars `
To Opening Stock 71,000 By Sales 32,00,000
To Purchase of Raw By Closing stock 2,00,000
Materials 16,99,000
To Manufacturing Wages &
Expenses 5,70,000
To Gross Profit 10.60.000
34,00,000 34,00,000
To Administrative charges 3,26,000 By Gross Profit companies 10,60,000
To GST penalty 5,000 By Dividend from domestic 15,000
To GST paid 1,10,000 companies
To General Expenses 54,000 By Income from agriculture 1,80,000
To Interest to Bank 60,000 (net)
To Depreciation 2,00,000
To Net Profit 5,00,000
12,55,000 12,55,000
Following are the further information relating to the financial year 2021-22.
(1) Administrative charges include ` 46,000 paid as commission to brother of the
assessee. The commission amount at the market rate is ` 36,000.
(2) The assessee paid `33,000 in cash to a transport carrier on 29.12.2021. This amount
is included in manufacturing expenses
(3) Bank term loan interest actually paid upto 31.03.2022 was ` 20,000 and the balance
was paid in Dec. 2022.
(4) Depreciation allowable under the act is to be computed on the basis of the following
information.
Plant & Machinery (depreciation rate @ 15%) `
Opening WDV as on 01.4.2021 12,00,000
Additions during the year (used for more than 180 days) 2,00,000
Total additions during the year 4,00,000
Compute the business income of Mr. Raju for the assessment year 2022-23.
251
Question 4
Mr. X commenced the business of operating goods vehicles on 1.4.2021. He purchased
the following vehicles during the P.Y.2021-22. Compute his income under section 44AE
for A.Y.2022-23.
Gross Vehicle Weight (in kilograms) Number Date of purchase
(1) 7,000 2 10.04.2021
(2) 6,500 1 15.03.2022
(3) 10,000 3 16.07.2021
(4) 11,000 1 02.01.2022
(5) 15,000 2 29.08.2021
(6) 15,000 1 23.02.2022
Would your answer change if the goods vehicles purchased in April, 2021 were put to use
only in July, 2021?
Question 5
Sai Ltd. has a block of assets carrying 15% rate of depreciation, whose written down
value on 01.04.2021 was ` 40 lacs. It purchased another asset (second-hand plant and
machinery) of the same block on 01.11.2021 for ` 14.40 lacs and put to use on the
same day. Sai Ltd. was amalgamated with Shirdi Ltd. with effect from 01.01.2022.You are
required to compute the depreciation allowable to Sai Ltd. & Shirdi Ltd. for the previous
year ended on 31.03.2022 assuming that the assets were transferred to Shirdi Ltd. at `
60 lacs.
Question 6
Mr. A commenced operations of the businesses of setting up a warehousing facility for
storage of food grains, sugar and edible oil on 1.4.2021. He incurred capital expenditure
of ` 80 lakh, ` 60 lakh and ` 50 lakh, respectively, on purchase of land and building
during the period January, 2021 to March, 2021 exclusively for the above businesses,
and capitalized the same in its books of account as on 1st April, 2021.The cost of land
included in the above figures are ` 50 lakh, ` 40 lakh and ` 30 lakh, respectively. Further,
during the P.Y.2021-22, it incurred capital expenditure of ` 20 lakh, ` 15 lakh & ` 10
lakh, respectively, for extension/ reconstruction of the building purchased and used
exclusively for the above businesses. Compute the income under the head “Profits and
gains of business or profession” for the A.Y. 2022-23 and the loss to be carried forward,
assuming that Mr. A has fulfilled all the conditions specified for claim of deduction under
section 35AD and has not claimed any deduction under Chapter VI-A under the heading
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“C. – Deductions in respect of certain incomes”. The profits from the business of setting
up a warehousing facility for storage of food grains, sugar and edible oil (before claiming
deduction under section 35AD and section 32) for the A.Y. 2022-23 is ` 16 lakhs, ` 14
lakhs and ` 31 lakhs, respectively. Also, assume that expenditure incurred during the
previous year 2021-22 are by account payee cheque or use of ECS through bank account.
Question 7
Rao & Jain, a partnership firm consisting of two partners, reports a net profit of ` 7,00,000
before deduction of the following items:
(1) Salary of ` 20,000 each per month payable to two working partners of the firm (as
authorized by the deed of partnership).
(2) Depreciation on plant and machinery under section 32 (computed) ` 1,50,000.
(3) Interest on capital at 15% per annum (as per the deed of partnership). The amount
of capital eligible for interest ` 5,00,000.
Compute:
(i) Book-profit of the firm under section 40(b) of the Income-tax Act, 1961.
(ii) Allowable working partner salary for the assessment year 2022-23 as per section
40(b).
(iii) Compute the PGBP Income chargeable to tax in the hands of the P'ship firm.
Question 8
Mr. Arnav is a proprietor having two units – Unit A carries on specified business of setting
up and operating a warehousing facility for storage of sugar; Unit B carries on non-
specified business of operating a warehousing facility for storage of edible oil. Unit A
commenced operations on 1.4.2020 and it claimed deduction of ` 100 lacs incurred on
purchase of two buildings for ` 50 lacs each (for operating a warehousing facility for
storage of sugar) under section 35AD for A.Y. 2021-22. However, in February, 2022. Unit
A transferred one of its buildings to Unit B. Examine the tax implications of such transfer
in the hands of Mr. Arnav.
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CLASSWORK SOLUTIONS
Answer 2 Mr. Sivam

Computation of Income from Business (on actual basis) for A.Y. 2022-2023
Particulars ` `
Net Profit as per P & L A/c. 50,000
Add : Expenses debited to P & L A/c. but disallowed
1 Depreciation as per books 1,05,000
2 Unreasonable salary to brother [Section 40A(2)] 2,000
3 Printing and Stationery, assumed to be paid in 23,200
cash on a SINGLE DAY [Section 40A(3)]
4 Loss on sale of shares 8,100
5 Penalty for contravention of GST 3,000
6 Donation to Public Charitable trust, allowed u/s.
80G from GTI 2,000 1,43,300
Add: Income not credited to P & L A/c. but taxable
Omission of closing stock 18,000
Less: Incomes credited to P & L A/c. not taxable under this (2,400)
head
Income from UTI taxable under sec. 56 i.e. I.F.O.S.
Less: Expenses not debited to P & L A/c. but allowed
1 Depreciation u/s. 32
Opening WDV 4,20,000
Add: Addition on 1-7-2021 70,000
Less: Sale on 1-10-2021 (50,000)
Qualifying Amount for depreciation
4,40,000
x Block rate 15% 66,000
2 Omission of Opening Stock 9,000 (75,000)
INCOME FROM BUSINESS (actual basis) 1,33,900
254
Computation of Income from Business (on presumptive basis) for A.Y. 2022-2023
`
Sales 12,11,500
Add : Other business receipts 6,100
Turnover / Gross receipts 12,17,600
x Rate of profit u/s. 44AD 8.00%
INCOME FROM BUSINESS (presumptive basis) 97,408
Conclusion:
Since the income calculated on actual basis is greater than the income on presumptive
basis, ` 1,33,900 i.e. income on actual basis shall be treated as the taxable income from
business.
If the income on actual basis would have been lower than the income on presumptive
basis and the assessee wishes to declare the lower amount as his income, it is possible
but the provisions of Section 44AA- Compulsory maintenance of books and Section 44AB-
Compulsory tax audit shall be applicable to him.
Answer 3
Computation of total income of Mr. Raju for the A.Y. 2022-23
Particulars ` `
Profits and gains of business or profession 5,00,000
Net profit as per profit and loss account
Add: Excess commission paid to brother disallowed 10,000
under section 40A(2)
Disallowance under section 40A(3) is not attracted Nil
since the limit for one time cash payment is ` 35,000
in respect of payment to transport operators.
Therefore, amount of ` 33,000 paid in cash to a
transport carrier is allowable as deduction.
Bank term loan interest paid after the due date of 40,000
filing of return under section 139(1) - disallowed
as per section 43B
GST penalty paid disallowed [See Note 2 below] 5,000
Depreciation debited to profit and loss account 2,000 2,55,000
255
7,55,000
Less: Dividend from domestic companies taxable u/s 56 15,000
i.e. I.F.O.S.
Income from agriculture [Exempt under section 10(1)] 1,80,000
Depreciation under the Income-tax Act, 1961
(As per working note) 2,85,000 (4,80,000)
Income from Business 2,75,000
Working Note:
Computation of depreciation under the Income-tax Act, 1961
Particulars `
Depreciation@15% on ` 14 lakh (Opening WDV of ` 12 lakh plus assets 2,10,000
purchased during the year and used for more than 180 days ` 2 lakh) 15,000
Depreciation @7.5% on ` 2 lakh (Cost of assets used for less than 180
days)
Additional Depreciation 60,000
2,00,000 x 20% x 50% = 20,000
2,00,000 x 20% x 100% = 40,000
2,85,000
Notes :
Where the imposition of penalty is not for delay in payment of GST but for contravention
of provisions of the GST Act , the levy is not compensatory and therefore, not deductible.
However, if the levy is compensatory in nature, it would be fully allowable. Where it is a
composite levy, the portion which is compensatory is allowable and that portion which is
penal is to be disallowed.
Since the question only mentions “GST penalty paid” and the reason for levy of penalty
is not given, it has been assumed that the levy is not compensatory and therefore, not
deductible. It is, however, possible to assume that such levy is compensatory in nature
and hence, allowable as deduction.
Answer 4
Since Mr. X does not own more than 10 vehicles at any time during the previous year
2021-22, he is eligible to opt for presumptive taxation scheme under section 44AE. `
1,000 per ton of gross vehicle weight or unladen weight per month or part of the month
for each heavy goods vehicle and ` 7,500 per month or part of month for each goods
carriage other than heavy goods vehicle, owned by him would be deemed as his profits
and gains from such goods carriage.
256
Heavy goods vehicle means any goods carriage, the gross vehicle weight of which exceeds
12,000 kg.
(1) (2) (3) (4)
Number of Vehicles Date of Purchase No. of months for No. of months
which vehicle is × No. of vehicles
owned [(1) × (3)]
For Heavy goods vehicle
2 29.08.2021 8 16
1 23.02.2022 2 2
18
For goods vehicle other than heavy goods vehicle
2 10.4.2021 12 24
1 15.3.2022 1 1
3 16.7.2021 9 27
1 2.1.2022 3 3
The presumptive income of Mr. X under section 44AE for A.Y.2022-23 would be - `
6,82,500, i.e., 55 × ` 7,500, being for other than heavy goods vehicle + 18 x ` 1,000 x 15
ton being for heavy goods vehicle .
The answer would remain the same even if the two vehicles purchased in April, 2021
were put to use only in July, 2021, since the presumptive income has to be calculated per
month or part of the month for which the vehicle is owned by Mr. X.
Answer 5.
Statement showing computation of depreciation allowable to Sai Ltd. &Shirdi Ltd.for A.Y.
2022-23
Particulars `
Written down value (WDV) as on 1.4.2021 40,00,000
Addition during the year (used for less than 180 days) 14,40,000
Total 54,40,000
Depreciation on ` 40,00,000 @ 15% 6,00,000
Depreciation on ` 14,40,000 @ 7.5% 1,08,000
Total depreciation for the year 7,08,000
Apportionment between two companies:
(a) Amalgamating company, Sai Ltd.
` 6,00,000 x 275/365 [1.4.21 to 31.12.21] 4,52,055
` 1,08,000 x 61/151 [1.11.21 to 31.12.21] 43,629
4,95,684
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(b) Amalgamated company, Shirdi Ltd.

` 6,00,000 x 90/365 [1.1.22to 31.3.22] 1,47,945
` 1,08,000 x 90/151 [1.1.22 to 31.3.22] 64,371
2,12,316
Answer 6
Computation of profits and gains of business or profession for A.Y.2022-23
Particulars `
Profit from business of setting up of warehouse for storage of edible oil 31
(before providing for depreciation under section 32)
Less: Depreciation under section 32
10% of ` 30 lakh, being (` 50 lakh – ` 30 lakh + `10 lakh) (3)
Income chargeable under “Profits and gains from business or profession” 28
Computation of income/loss from specified business under section 35 AD

Particulars Food Sugar Total
Grains
` (in lakhs)
(A) Profits from the specified business of setting 16 14 30
up a warehousing facility (before providing
deduction under section 35AD)
Less: Deduction under section 35AD
(B) Capital expenditure incurred prior to 1.4.2021 30 20 50
(i.e., prior to commencement of business)
and capitalized in the books of account as on
1.4.2021 (excluding the expenditure incurred
on acquisition of land) = ` 30 lakh (` 80
lakh – ` 50 lakh) and ` 20 lakh (` 60 lakh – `
40 lakh)
(C) Capital expenditure incurred during the 20 15 35
P.Y.2021-22
(D) Total capital expenditure (B + C) 50 35 85
(E) Deduction under section 35AD
100% of capital expenditure (food grains) 50
100% of capital expenditure (sugar 35
Total deduction u/s 35AD for A.Y.2022-23 50 35 85
(F) Loss from the specified business of setting up and (34) (21) (55)
operating a warehousing facility (after providing
for deduction under section 35AD) to be carried
forward as per section 73A (A-E)
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Notes:
(i) Deduction of 100% of the capital expenditure is available under section 35AD for
A.Y.2022-23 in respect of specified business of setting up and operating a warehousing
facility for storage of sugar and setting up and operating a warehousing facility
for storage of agricultural produce where operations are commenced on or after
01.04.2012.
(ii) However, since setting up and operating a warehousing facility for storage of edible
oils is not a specified business, Mr. A is not eligible for deduction under section 35AD
in respect of capital expenditure incurred in respect of such business.
(iii) Mr. A can, however, claim depreciation@10% under section 32 in respect of the
capital expenditure incurred on buildings. It is presumed that the buildings were put
to use for more than 180 days during the P.Y.2021-22.
(iv) Loss from a specified business can be set-off only against profits from another
specified business. Therefore, the loss of ` 55 lakh from the specified businesses of
setting up and operating a warehousing facility for storage of food grains and sugar
cannot be set-off against the profits of ` 28 lakh from the business of setting and
operating a warehousing facility for storage of edible oils, since the same is not a
specified business. Such loss can, however, be carried forward indefinitely for set-off
against profits of the same or any other specified business.
259
HOMEWORK PROBLEMS
Question 1
A newly qualified Chartered Accountant Mr. Dhaval, commenced practice and has acquired
the following assets in his office during F.Y. 2021-22 at the cost shown against each item.
Calculate the amount of depreciation that can be claimed from his professional income
for A.Y. 2022-23. Assume that all the assets were purchased by way of account payee
cheque.
Sl. Description Date of Date when Amount `
No. acquisition put to use
1 Computer including computer software 27 Sept.,21 1 Oct., 21 35,000
2 Computer UPS 2 Oct., 21 8 Oct., 21 8,500
3 Computer printer 1 Oct., 21 1 Oct., 21 12,500
4 Books (other than annual publications are 1 Apr., 21 1 Apr., 21 13,000
of ` 12,000)
5 Office furniture 1 Apr., 21 1 Apr., 21 3,00,000
6 Laptop 26 Sep., 21 8 Oct., 21 43,000
Question 2
Mr. Gamma, a proprietor started a business of manufacture of tyres and tubes for motor
vehicles on 1.1.2021. The manufacturing unit was set up on 1.5.2021. He commenced
his manufacturing operations on 1.6.2021. The total cost of the plant and machinery
installed in the unit is ` 120 crore. The said plant and machinery included second hand
plant and machinery bought for ` 20 crore and new plant and machinery for scientific
research relating to the business of the assessee acquired at a cost of ` 15 crore.
Compute the amount of depreciation allowable under section 32 of the Income-tax
Act, 1961 in respect of the assessment year 2022-23. Assume that all the assets were
purchased by way of account payee cheque.
Question 3
Mr. Suraj, a proprietor, commenced operations of the business of a new three-star hotel in
Madurai, Tamil Nadu on 1.4.2021. He incurred capital expenditure of ` 50 lakh during the
period January, 2021 to March, 2021 exclusively for the above business, and capitalized
the same in his books of account as on 1st April, 2021. Further, during the P.Y. 2021-22,
he incurred capital expenditure of ` 2 crore (out of which ` 1.50 crore was for acquisition
of land) exclusively for the above business.
Compute the income under the head “Profits and gains of business or profession” for the
A.Y. 2022-23, assuming that he have fulfilled all the conditions specified for claim of
260
deduction under section 35AD and has not claimed any deduction under Chapter VI-A
under the heading “C – Deductions in respect of certain incomes”.
The profits from the business of running this hotel (before claiming deduction under section
35AD) for the A.Y. 2022-23 is ` 25 lakhs. Assume that he also have another existing
business of running a four-star hotel in Coimbatore, which commenced operations ten
years back, the profits from which are ` 120 lakhs for the A.Y. 2022-23. Also assume
that expenditure incurred were paid by account payee cheque or use of ECS through bank
account.
Question 4
Delta Ltd. credited the following amounts to the account of resident payees in the month
of March, 2022 without deduction of tax at source. What would be the consequence of
non-deduction of tax at source by Delta Ltd. on these amounts during the financial year
2021-22, assuming that the resident payees in all the cases mentioned below, have not
paid the tax, if any, which was required to be deducted by Delta Ltd.?
(1) Salary to its employees (credited and paid in March, 2022 12,00,000
(2) Directors’ remuneration (credited in March, 2022 and paid in April
2022) 28,000
Would your answer change if Delta Ltd. has deducted tax on directors’ remuneration in
April, 2022 at the time of payment and remitted the same in July, 2022?
Question 5
During the financial year 2021-22, the following payments/expenditure were made/
incurred by Mr. Yuvan Raja, a resident individual (whose turnover during the year ended
31.3.2021 was ` 99 lacs):
(i) Interest of ` 12,000 was paid to Rehman & Co., a resident partnership firm, without
deduction of tax at source;
(ii) ` 3,00,000 was paid as salary to a resident individual without deduction of tax at
source;
(iii) Commission of ` 16,000 was paid to Mr. Vidyasagar on 2.7.2021 without deduction
of tax at source.
Briefly discuss whether any disallowance arises under the provisions of section
40(a)(ia) of the income-tax Act, 1961.
261
Question 6
Vinod is a person carrying on profession as film artist. His gross receipts from profession
are as under:
`
Financial year 2018-19 1,15,000
What is his obligation regarding maintenance of books of accounts for Assessment Year
2022-23 under section 44AA of Income-tax Act, 1961?
Question 7
Mr. Praveen engaged in retail trade, reports a turnover of ` 1,98,50,000 for the financial
year 2021-22. His income from the said business as per books of account is ` 13,20,000
computed as per the provisions of Chapter IV-D “Profits and gains from business or
Profession” of the Income-tax Act, 1961. Retail trade is the only source of income for
Mr. Praveen. A.Y. 2021-22 was the first year for which he declared his business income in
accordance with the provisions of presumptive taxation under section 44AD.
(i) Is Mr. Praveen also eligible to opt for presumptive determination of his income
chargeable to tax for the assessment year 2022-23?
(ii) If so, determine his income from retail trade as per the applicable presumptive
provision assuming that whole of the turnover represents cash receipts.
(iii) In case Mr. Praveen does not opt for presumptive taxation of income from retail
trade, what are his obligations under the Income-tax Act, 1961?
(iii) What is the due date for filing his return of income under both the options?
Question 8
Mr. Venus, engaged in manufacture of pesticides, furnishes the following particulars
relating to its manufacturing unit at Chennai, for the year ending 31-3-2022:
(` in lacs)
Opening WDV of Plant and Machinery 20
New machinery purchased on 1-9-2021 10
New car purchased on 1-12-2021 8
Computer purchased on 3-1-2022 4
Additional information:
• All assets were purchased by A/c payee cheque.
• All assets were put to use immediately.
262
• Computer has been installed in the office.

• During the year ended 31-3-2021, a new machinery had been purchased on 31-10-
2020, for ` 10 lacs. Additional depreciation, besides normal depreciation, had been
claimed thereon.
• Depreciation rate for machinery may be taken as 15%.
Compute the depreciation available to the assessee as per the provisions of the
Income-tax Act, 1961 and the WDV of different blocks of assets as on 31.3-2022.
Question 9
Examine with reasons, the allowability of the following expenses incurred by Mr. Manav,
a wholesale dealer of commodities, under the Income-tax Act, 1961 while computing
profit and gains from business or profession for the Assessment Year 2022-23.
(i) Construction of school building in compliance with CSR activities amounting to `
5,60,000.
(ii) Purchase of building for the purpose of specified business of setting up and operating
a warehousing facility for storage of food grains amounting to ` 4,50,000.
(iii) Interest on loan paid to Mr. X (a resident) ` 50,000 on which tax has not been
deducted. The sales for the previous year 2020-21 was ` 202 lakhs.
(iv) Commodities transaction tax paid ` 20,000 on sale of bullion.
Question 10
Examine with reasons, for the following sub-divisions, whether the following statements
are true or false having regard to the provisions of the Income-tax Act, 1961:
(i) For a dealer in shares and securities, securities transaction tax paid in a recognized
stock exchange is permissible business expenditure.
(ii) Where a person follows mercantile system of accounting, an expenditure of `
25,000 has been allowed on accrual basis and in a later year, in respect of the said
expenditure, assessee makes the payment of ` 25,000 through a cheque crossed as
“& Co., ` 25,000 can be the profits and gains of business under section 40A(3A) in
the year of payment.
(iii) It is mandatory to provide for depreciation under section 32 of the income-tax Act,
1961, while computing income under the head “Profits and Gains from Business and
Profession”.
(iv) The mediclaim premium paid to GIC by Mr. Lomesh for his employees, by a draft, on
27.12.2021 is a deductible expenditure under section 36.
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(v) An existing assessee engaged in trading activities, can claim additional depreciation
under section 32(1)(iia) in respect of new plant acquired and installed in the trading
concern, where the increase in value of such plant as compared to the approved
base year is more than 10%.
Question 11
Examine, with reasons, the allowability of the following expenses under the Income-tax
Act, 1961 while computing income from business or profession for the Assessment Year
2022-23:
(i) Provision made on the basis of actuarial valuation for payment of gratuity `
5,00,000. However, no payment on account of gratuity was made before due date of
filing return.
(ii) Purchase of oil seeds of ` 50,000 in cash from a farmer on a banking day.
(iii) Tax on non-monetary perquisite provided to an employee ` 20,000.
(iv) Payment of Rs. 50,000 by using credit card for fire insurance.
(v) Salary payment of ` 2,00,000 outside India by a company without deduction of tax.
(vi) Payment made in cash ` 30,000 to a transporter in a day for carriage of goods
Question 12
Examine with reasons, whether the following statements are true or false, with regard to
the provisions of the Income-tax Act, 1961:
(a) Payment made in respect of a business expenditure incurred on 16th February, 2022
for ` 25,000 through a cheque duly crossed as “& Co.” is hit by the provisions of
section 40A(3).
(b) Failure to deduct tax at source in accordance with the provisions of Chapter XVII-B,
inter alia, from the amounts payable to a resident as rent or royalty, will result in
disallowance while computing the business income where the resident payee has
not paid the tax due on such income.
Question 13
R, who is carrying on a business whose accounts have been subject to tax audit regularly,
submits his profit & loss account for the year ending 31.3.2022.
` `
Office expenses 25,600 Gross profit 5,23,600
Audit fees 32,000 Sundry receipt 11,000
Legal expenses 18,000 Customs duties recovered from
the government
264
Depreciation on Machinery 24,000 (Earlier not allowed as 22,000

deduction)
Salary to staff 84,000 Bad debts recovered (earlier 6,000
allowed as deduction)
Bonus paid to staff 45,000 Gift from son 30,000
Contribution to an approved 24,000
gratuity fund
Outstanding liability in respect 24,000
of GST
Rent payable to railways 1,20,000
General expenses 36,000
Net Profit 1,60,000
5,92,600 5,92,600
Other relevant particulars:
1. Bonus payable to employees according to the payment of Bonus Act, 1965, comes
to ` 45,000 and this amount was paid on 13.07.2022.
2. Depreciation on machinery shown in the Profit and Loss Account is calculated
according to the income-tax provisions.
3. General expenses include payment of ` 12,000 to an approved and notified education
institute for the purpose of carrying on research in social sciences. The research is,
however, not related to the business of the assessee.
4. During the previous year 2021-22, R also makes a capital expenditure of ` 25,000
for the purpose of carrying on a scientific research related to his business. This
expenditure is, however, not recorded in the Profit and Loss Account.
5. Outstanding liability in respect of GST is paid as follows: ` 5,000 on 11.4.2022
` 3,000 on 5.5.2021; ` 6,000 on 30.6.2022 and the balance on 10.11.2022.
6. Audit fee of ` 32,000 was credited on 31.3.2022. No tax has been deducted at
source.
7. Outstanding liability in respect of rent payable to railways is paid as follows:
` 90,000 on 15.6.2022 and the balance on 14.12.2022.
Compute his income from business for the assessment year 2022-23. Assume the due
date of filing return of income is 31st October.
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Question 14
From the particulars given below compute the business income for the assessment year
2022-23.
Profit and Loss Account
` `
To salary to staff 2,92,000 By gross profit 8,01,000
Bad debts 15,000 By rent of quarters given to 50,000
Employee
Bonus 30,000 By Customs duty recovered from 60,000
Govt, (not allowed earlier)
Reserve for bad & doubtful 11,000 By Bad debts recovered (Out of 15,000
debts which 5,000 were not allowed
earlier)
Provision for income tax 25,000 By Sundry Receipts 10,000
Expenditure on acquisition of 12,000
copy Right
Cost of extension of office 36,000
building
Postage expenses 8,000
Legal expenses 12,000
Expenses on diwali 15,000
General expenses 7,000
GST 69,000
Lump sum amount paid to 30,000
acquire technical know how
Lump sum amount paid to 40,000
acquire a patent right
Legal expenses regarding 24,000
income tax appeal
Net profit 3,10,000
9,36,000 9,36,000
Other relevant information are:
1. General expenses include expenditure of Rs.5,000, incurred on the training of an
employee.
2. GST amounting to ` 42,000 was due on 31.3.2022 the due date of deposit under GST
is 20.4.2022. It is deposited as under:
- ` 35,000 on 29.6.2022
- ` 7,000 on 5.11.2022
3. Salary staff includes a payment of ` 30,000 paid to a relative employee which is
266
considered to be unreasonable upto ` 5,000.

4. Provisions for income-tax is excessive to the tune of ` 5,000.
5. Bonus includes ` 20,000 due on 31.3.2022 which is paid on 2.11.2022
6. The particulars about the assets of the business are as under:
(i) Building (Office) W.D.V. on 1.4.2021 ` 5,00,000
(ii) Godown W.D.V. on 1.4.2021 ` 3,00,000 (iii) Plant and Machinery W.D.V. on
1.4.2021 Rs.2,80,000
7. Technical know - how was acquired on 1.11.2021 from an institution, which was
wholly financed by Government of India.
8. Due date of furnishing the return of income is 30.9.2022.
Question 15
The profit and loss account of X Ltd. for the year ending March 31, 2022 is given below:
` `
Goods & Service Tax 50,000 Sales 20,10,000
Other expenses 14,15,000
Net profit 5,45,000
20,10,000 20,10,000
Other information:
1. Out of GST of ` 50,000, only ` 47,000 is paid. The payment is made as follows -
a. ` 40,000 on September 2, 2021;
b. ` 4,000 on September 12, 2022; and
c. ` 3,000 on November 1, 2022.
2. Return of income is submitted on November 10, 2022.
3. During the previous year 2021-22, the following payments are made in respect of
expenses pertaining to earlier years-
a. bonus to employee pertaining to the PY 2019-20 paid on April 30, 2021: `
15,000;
b. customs duty pertaining to the PY 2019-20 paid on Dec. 1, 2021 : ` 25,000;
c. electricity bill payable to Bombay Electricity Co. (owned by State Govt.)
pertaining to PY 2019-20 paid on May 3, 2021 : ` 35,000;
d. excise duty pertaining to the PY 2020-21 paid on May 20, 2021: ` 40,000; and
e. leave salary payable to employees pertaining to the PY 2020-21 paid on
December 2, 2021: ` 45,000.
Assume that due date of filing the ROI for P.Y. 21-22 is 31.10.2022
267
Question 16
From the P&L a/c of X, who is trader and commission agent, ascertain his business income.
General expenses 13,400 Gross profits 3,15,550
Bad debts 22,000 Commission 8,600
Advance tax 8,000 Brokerage 37,000
Insurance 600 Sundry receipts 2,500
Salary to staff 26,000 Bad debt recovered (earlier 11,000
Salary to X 45,000 Interest on debentures (i.e., 25,000
net amount ` 22,500 + TDS :
` 2,500
Interest on overdraft 4,000 Interest on deposit with a 13,000
company (non-trade) (net
interest :
Interest on loan to Mrs. X 42,000 ` 11,700 + TDS: ` 1,300)
Interest on capital of X 23,000
Depreciation 48,000
Advertisement expenditure 7,000
Contribution to employees’ 13,000
RPF
Net profit 1,60,600
4,12,600 4,12,600
Other information:
1. The amount of depreciation allowable is ` 37,300 as per the Income-tax Rules.
2. Advertisement expenditure includes ` 3,000, being cost of permanent signboard
fixed on office premises.
3. Business Income of ` 4,500, accrued during the previous year, is not recorded in the
P&L A/c.
4. General expenses include (a) ` 500 given to Mrs. X for arranging a party in honour
of a friend who has recently come from Canada (b) ` 1,000 being contribution to a
political party.
5. Loan was taken from Mrs. X for payment of arrears of income tax.
268
Question 17
X furnishes the following Profit and Loss Account
Office expenses 45,000 Gross profits 8,03,000
Sundry expenses 39,000 Sundry receipts 11,000
Entertainment expenditure 5,000 Gift received from father 43,000
Depreciation on plant and 23,000 Customs duties recovered 32,500
machinery (earlier allowed as deduction)
Legal charges / expenses 4,000 Bad debts recovered (not 7,100
allowed as deduction earlier)
Extension of building 6,000
Audit fees 12,000
Salary to staff :
• Salary 43,000
• Bonus 36,000
Contribution towards:
• Employees’ recognized PF 15,000
• Unapproved gratuity fund 4,000
• GST 38,000
Provision for GST 25,000
Payment to an approved 19,000
scientific research association
for carrying on scientific
research
Net profit 5,82,600
8,96,600 8,96,600
Other information:
1. As shown in the Profit and Loss Account, ` 19,000 is paid to a scientific research
association for the purpose of carrying on approved scientific research in natural
science, not related to the business of X. Besides, X purchases a plant of ` 30,000 for
the purpose of carrying on scientific research related to his business. Neither cost of
plant nor depreciation thereon is debited to profit and loss account.
2. Out of bonus of ` 36,000, ` 4,000 is paid during 2021-22 and ` 26,000 is paid by
July 31, 2022 (being the due date of furnishing return of income). The balance of `
6,000 is, however, paid on November 11, 2022.
3. Depreciation on plant and machinery and extension of building as per income tax
provision is ` 19,000.
269
4. GST of ` 38,000 includes (a) interest for late payment of GST : ` 1,200; (b)
penalty for evading GST : ` 10,000.
5. Provision for GST represents an outstanding liability, which is, however, paid on July
10, 2022. i.e. paid before due date of filing return u/s 139(1) read with 43B.
6. Salary to staff includes a payment of pension of ` 5,000 to the widow of a former
employee.
Ascertain the Business income.
Question 18
X Ltd., Indian company, furnishes the following Profit and Loss Account
Salary to staff 2,45,000 Gross profit 15,58,000
Expenditure on promotion of 2,500 Rent of flats given to 12,000
family planning among the officers
employees
Contribution to a National 1,06,000 Interest on bank deposits 17,000
Laboratory for carrying out
scientific research
GST 2,000 Short-term capital gains 3,000
Bad debts written off 3,000 Sundry receipts 5,000
Exp. on issue of shares for 18,000
setting up an undertaking (cost
of project: ` 10 lacs)
Reserve for of advance income 13,000
tax
Reserve for future losses 20,000
Car expenses 9,000
Depreciation:
-Machinery 18,000
-Car 3,000
-Furniture 5,000
-Building 3,000
Office expenses 7,500
Rent and repairs of building 3,000
Municipal taxes flats given to 7,000
officers
Sundry expenses 26,500
Income-tax 500
270
Dividend tax 700

Net profit 11,02,300
15,95,000 15,95,000
Other information:
1. Expenditure on family planning is capital expenditure
2. Car is utilized partly for private purposes by a director. In the past years, one-fourth
of this expenditure was disallowed.
3. Sundry expenses include ` 9,000 being payment of printing bill to relative of the
managing director; payment is unreasonable to the extent of ` 4,700.
4. Salary includes payment of ` 21,000 in cash to an employee. Salary also includes
“mediclaim” insurance premium for the benefit of employees of ` 15,000
out of which ` 6,000 is paid in cash.
5. Through amount of depreciation on building, car and furniture is calculated as per
tax provisions, depreciation in respect of machinery is excessive to the extent of `
2,000.
6. ` 1,06,000 being payment to National Laboratory is qualified for deduction under
section 35(2AA) @100%.
7. The company has deposited ` 2,40,000 with Maruti udyog Ltd. on March 1, 2022
for purchasing Maruti Alto car. The car is likely to delivered by June 2022. The said
amount is not debited to Profit and Loss Account.
8. During the year, the company pays ` 15,00,000 as compensation to employees on
voluntary retirement under the voluntary retirement scheme of the company. The
amount is not debited to the P & L A/c.
9. On March 16, 2022, the company gets a refund of GST of ` 3,000 (it was allowed as
deduction for the previous year 2020-21).The amount is not credited to the profit
and loss account, as the Commissioner’s appeal against the refund is still pending
in the Delhi High Court. Determine the taxable income of the assessee-company.
Question 19
X is a businessman in Mumbai. Determine his net income:
Opening stock 1,04,000 Sales 92,51,000
Purchases 80,08,750 Closing stock 2,10,000
Salaries and Wages 1,75,000
Rent and rates 1,31,000
Commission 21,500
Household expenses 20,000
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Income tax 36,100

Advertisement 5,000
Postage and telegram 4,000
Interest on own capital 84,000
Reserve for bad debts 3,400
Depreciation on furniture 18,000
Net profit 8,50,250
92,61,000 92,61,000
Other Particulars:
1. Closing stock and opening stock has consistently been valued at 10 per cent below
cost price.
2. Depreciation on furniture, as per tax provisions, is ` 17,200.
3. Amount of sales, includes a sum of ` 41,250 representing the value of goods
withdrawn for the use of X’s family members. These goods were purchased at cost
of ` 27,850. Market value of these goods is ` 45,240.
4. Household expenses include a contribution of ` 1,000 towards PPF.
5. On September 20, X has received a gift of ` 96,000 from a friend settled in UK.
Question 20
Income and expenditure account of a partnership firm of Chartered Accountants is as
follows –
Particulars Amount Particulars Amount
Expenses 8,80,000 Receipt from clients for 6,00,000
consultations
Depreciation 3,20,000 Audit fees 7,20,000
Remuneration to partners 7,50,000 Excess of expenditure over 6,80,000
income
Interest on capital to 50,000
partners
20,00,000 20,00,000
Other information:
a) Out of expenses of ` 880000, ` 172500 is not deductible u/s 36 and 37.
b) Depreciation as per sec. 32 is ` 331000.
c) Interest on capital to partners not deductible u/s 40(b) is ` 7000.
Compute the remuneration deductible and professional income.
272
Question 21
A firm of Chartered Accountants consisting of 3 partners earned a net surplus of ` 2,08,000
during the accounting year after charging interest on total capital amounting to ` 36,000
calculated @ 18% p.a. on the capital of partners but before charging remuneration to
partners. You are required to calculate the taxable income of the firm and tax thereon
after allowing the maximum allowable remuneration to partners under the provisions of
the income tax Act, 1961.
Question 22
From the following profit &loss account of Ronie for the year. Compute his gross total
income.
Particulars Amount Particulars Amount
Opening stock 4,00,000 Sales 40,00,000
Purchases 30,00,000 Closing stock 4,80,000
Salaries 8,00,000 Rent from house Property 80,000
Rent, rates & taxes 1,20,000 Share of profit from partnership 9,000
firm
Legal charges 40,000
Miscellaneous expenses 20,000
Provision for bad debts 30,000
Provision for gratuity 20,000
Provision for income tax 40,000
Salary to Mrs. Ronie 36,000
Depreciation 40,000
Net profit 23,000
45,69,000 45,69,000
1. Purchases include `.100000 paid in cash to cultivator for purchase of an agricultural
produce.
2. Purchases also include ` 100000 paid by way of compensation to a supplier as the
assessee was unable to take the delivery of goods due to lack of storage space and
finances.
3. Opening stock was overvalued by 25% and closing stock was undervalued by 25%.
4. Salary includes ` 15000 paid as customary bonus on the occasion of diwali over and
above the bonus payable under the Payment of Bonus Act, 1965.
5. Rent, rates & taxes include ` 10000 on account of disputed GST demand. The matter
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is decided against the assesse and he has paid the same on 8th July, 2021 ` 3000 on
account of municipal taxes for property let out. It also includes ` 5000 as customs
penalty paid during the year.
6. An employee retired on 28-3-22. Gratuity payable to him was ` 20000. A provision
was created for the same this year and it was paid on 31.3.2022.
7. Mrs. Ronie is a law graduate and actively working in the assessee's firm.
8. Actual bad debts amounted to ` 20,000.
Question 23
From the following profit and loss account of Vinay for the year, compute his total income
` `
Interest on capital 12,000 Gross Profit 5,10,000
Insurance 2,000 Brokerage 30,000
Bad debts 30,000 Bed debts recovered (earlier 15,000
Depreciation 34,000 Sundry receipts 18,000
Advance tax 25,000 Interest on debentures (Gross)
General expenses 12,000 [TDS ` 4000] 40,000
Advertisement 5,000
Salary (including salary to 85,000
Vinay ` 20000)
Interest on loan 8,000
Net profit 4,00,000
6,13,000 6,13,000
(a) The amount of depreciation allowable as per income-tax rules is ` 42000.
(b) General expenses include ` 5000 given as contribution to a political party.
(c) Vinay pays ` 5200 as premium on his own life insurance policy of ` 60000.
(d) Loan was obtained for payment of income-tax.
Question 24
Mr. X, aged 75 years, has submitted his profit and loss account for the year ending
31.03.2022 as given below:
Opening Stock 13,50,000 Sales 105,00,000
Purchases 75,00,000 Gift from friend 1,200
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Franchises 1,00,000 Bad debts recovered taxable 2,900

u/s 41(4)
Advertisement 9,000 Rental income from House 1,40,000
Property
Income Tax of previous year 7,000 Income tax refund 700
2020-21
Income tax (advance) 1,200 Dividends from a foreign
company 3,000
Addition to the office 45,000 Closing stock 1,80,000
building
Investment in public
provident fund 70,000
Net Profit 17,45,600
108,27,800 108,27,800
1. Opening and closing stocks are undervalued by 10%.
2. Franchises were purchased on 01.07.2021 and were put to use on 02.10.2021.
3. Advertisement expenditure relates to a neon sign board which was purchased and
put to use on 01.08.2021.
4. Office building has written down value of ` 56,00,000 as on 01.04.2021 and
addition was made to the building by constructing additional room on the roof.
Construction was completed on 01.11.2021 and it was put to use on the same date.
The expenditure of ` 45,000 includes cost of wiring and switches of ` 4,500. No
depreciation has been debited with regard to the building.
5. Sale includes sale of ` 1,20,000 to the proprietor and the cost of these goods was `
1,00,000 and market price ` 1,25,000.
6. Bad debts recovered were allowed earlier u/s 36(1)(vii) in earlier previous year.
Mr. X has not opted for presumptive taxation of Income u/s 44AD.
Compute his Total Income for the Assessment Year 2022-23.
Question 25
Mr. X is an advocate in Delhi High Court. He keeps his books on cash basis. His receipts
and payments account for the financial year 2021-22 is given below
Receipts ` Payments `
Balance b/d 44,000 Rent Paid for office 1,44,000
Consultancy fee 55,35,500 Office expenses 46,000
Remuneration from
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university as evaluator of 7,000 Computer purchased and put 50,000

LLB exams to use on 01.04.2021
New car purchased and put to 3,00,000
use on 01.05.2021
Legal books purchased 30,000
Sale proceeds of residential 5,00,000 Car expenses 42,000
house
Salary from law faculty 45,000 Advance Income tax paid 22,000
for working as part time
lecturer
Share of profit from 5,200 Electricity and water charges 16,000
partnership firm for the entire house
Life insurance premium paid 12,000
on own life (sum assured
50,000)
Balance c/f 54,74,700
61,36,700 61,36,700
1. On 31.03.2022 legal fees outstanding amounted to ` 22,000
2. Rent is payable @ `12,000 p.m.
3. 70% of the use of the car is for official purpose and 30% for personal purpose.
4. Legal books for ` 12,000 was purchased on 01.05.2021 and put to use on the same
date and for ` 18,000 on 01.11.2021 and put to use on the same date.
5. Half of the house taken on rent is being used for residential purposes.
6. House was purchased on 01.07.2020 for 3,00,000
Compute the Gross Total Income of Mr. X for the Assessment Year 2022-23.
Question 26
Vivitha Bio-medicals Ltd. is engaged in the business of manufacture of bio-medical items.
The following expenses were incurred in respect of activities connected with scientific
research:
Year ended Item Amount (`)
31.03.2019 Land 10,00,000
(Incurred after 1.9.2018) Building 25,00,000
31.03.2020 Plant and Machinery 5,00,000
31.03.2021 Raw materials 2,20,000
31.03.2022 Raw materials and salaries 1,80,000
The business was commenced on 01-09-2021.

In view of availability of better model of plant and machinery, the existing plant and
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machinery were sold for ` 8,00,000 on 1.03.2022.

Discuss the implications of the above for the assessment year 2022-23 along with
brief computation of deduction permissible under section 35 assuming that necessary
conditions have been fulfilled.
Question 27
Mr. Gupta is having a trading business and his Trading and Profit & Loss Account for the
financial year 2021-22 is as under:
Particulars Amount (`) Particulars Amount (`)
To Opening stock 1,00,000 By Sales 2,70,00,000
To Purchase 2,49,00,000 By Closing stock 50,000
To Gross profit 20,50,000
Total 2,70,50,000 Total 2,70,50,000
Salary to employees 5,00,000 By Gross Profit b/d 20,50,000
(Including Contribution to
PF)
Donation to Prime Minister 1,00,000
Relief Fund
Provision for bad debts 50,000
Bonus to employees 50,000
Interest on bank loan 50,000
Family
Planning expenditure 20,000
incurred on employees
Depreciation 30,000
Income-tax 1,00,000
To Net profit 11,50,000
Total 20,50,000 Total 20,50,000
Other information:
(i) Depreciation allowable ` 40,000 as per Income-tax Rules, 1962.
(ii) No deduction of tax at source on payment of interest on bank loan has been made.
(iii) Out of salary, ` 25,000 pertains to his contributions to recognized provident fund
which was deposited after the due date of filing return of income. Further, employees
contribution of ` 25,000 was also deposited after the due date of filing return of
income.
Calculate gross total income of Mr. Gupta.
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Question 28
Following is the profit and loss account of Mr. Q for the year ended 31-03-2022:
Particulars (`) Particulars (`)
Repairs on Building 1,81,000 By Gross Profit 6,01,000
Amount paid to IIT, 1,00,000 By I.T. Refund 8,100
Mumbai for an approved
scientific research
programme
Interest 1,10,000 By Interest on Company 6,400
Deposits
Travelling 1,30,550
Net Profit 93,950
6,15,500 6,15,500
Following additional information is furnished:
(1) Repairs on building includes ` 1,00,000 being cost of building a new room.
(2) Interest payments include ` 50,000 on which tax has not been deducted and it was
deductable and penalty for contravention of Central Sales Tax Act of `
24,000.
Compute the income chargeable under the head "Profits and gains of Business or
Profession" of Mr. Q for the year ended 31-03-2022 ignoring depreciation.
Question 29
Following is the profit and loss account of Mr. A for the year ended 31.3.2022:
To Repairs on building 1,30,000 By Gross profit 6,01,000
To Advertisement 51,000 By Income Tax Refund 4,500
To Amount paid to 1,00,000 By Interest from company 6,400
Scientific deposits
Research Association By Dividends from Indian 3,600
approved u/s 35 company
To Interest 1,10,000
To Traveling 1,30,000
To Net Profit 94,500
6,15,500 6,15,500
Following additional information is furnished:
(1) Repairs on building includes ` 95,000 being cost of raising a compound wall for the
own business premises.
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(2) Interest payments include interest of ` 12,000 payable outside India to a non-
resident Indian on which tax has not been deducted and penalty of ` 24,000 for
contravention of Central Sales Tax Act.
Compute the income chargeable under the head ‘Profits and gains of business or profession’
of Mr. A for the year ended 31.3.2022 ignoring depreciation.
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HOMEWORK SOLUTIONS
Answer 1
Computation of depreciation allowable for A.Y. 2022-23
Asset Rate Depreciation (`)
Block 1 Furniture [See working note below] 10% 30,000
Block 1 Plant [Computer including computer software,
Computer UPS, laptop, Printers and Books)
[See working note below] 40% 34,500
Total depreciation allowable 64,500
Working Note:
Computation of depreciation
Block of Assets `
Block 1 : Furniture – [Rate of depreciation – 10%]
Put to use for more than 180 days [` 3,00,000 @ 10%} 30,000
Block 2 : Plant [Rate of depreciation – 40%]
(a) Computer including computer software 14,000
(put to use for more than 180 days) [` 35,000 @ 40%]
(b) Computer UPS (put to use for less than 180 days) 1,700
[` 8,500 @ 20%] [See note below]
(c) Computer Printer (put to use for more than 180 days) 5,000
[` 12,500 @ 40%]
(d) Laptop (put to use for less than 180 days) [`43,000 @ 20%] 8,600
[See note below]
(e) Books (being annual publications or other than annual publications) 5,200
(Put to use for more than 180 days) [` 13,000 @ 40%]
34,500
Note - Where an asset is acquired by the assessee during the previous year and is put
to use for the purposes of business or profession for a period of less than 180 days, the
deduction on account of depreciation would be restricted to 50% of the prescribed rate.
In this case, since Mr. Dhaval commenced his practice in the P.Y. 2021-22 and acquired the
assets during the same year, the restriction of depreciation to 50% of the prescribed rate
would apply to those assets which have been put to use for less than 180 days in that
year, namely, laptop and computer UPS.
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Answer 2
Computation of depreciation allowable for the A.Y. 2022-23 in the hands of Mr. Gamma
Particulars ` in crore
Total cost of plant and machinery 120.00
Less: Used for Scientific Research (Note 1) 15.00
105.00
Normal Depreciation at 15% on ` 105 crore 15.75
Additional Depreciation:
Cost of plant and machinery 120.00
Less: Second hand plant and machinery (Note 2) 20.00
Less : Plant and machinery used for scientific research,
the whole of the actual cost of which is allowable
as deduction under section 35(1)(iv) read with 15.00
section 35(2)(ia) (Note 2) (35.00)
85.00
Additional Depreciation at 20% 17.00
Depreciation allowable for A.Y. 2022-23 32.75
Notes:
1. As per section 35(1)(iv), no depreciation shall be allowed in respect of plant and
machinery purchased for scientific research relating to assessee’s business, since
deduction is allowable under section 35 in respect of such capital expenditure.
2. As per section 32(1)(iia), additional depreciation is allowable in the case of any new
machinery or plant acquired and installed after 31.3.2005 by an assessss engaged
in, inter alia, the business of manufacture or production of any article or thing, at
the rate of 20% of the actual cost of such machinery or plant. However, additional
depreciation shall not be allowed in respect of, inter alia, -
(i) Any machinery or plant which, before its installation by the assessee, was used
either within or outside India by any other person;
(ii) Any machinery or plant, the whole of the actual cost of which is allowed as
a deduction (whether by way of depreciation or otherwise) in computing the
income chargeable under the head “Profit and gains of business or profession”
of any previous year.
In view of the above provisions, additional depreciation cannot be claimed in respect
of –
(i) Second hand plant and machinery.
(ii) New plant and machinery purchased for scientific research relating to assessee’s
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business in respect of which the whole of the capital expenditure can be claimed
as deduction under section 35(1)(iv) read with section 35(2)(ia) & (iv).
Answer 3
Computation of profits and gains of business or profession for A.Y. 2022-23.
Particulars `
Profits from the specified business of new hotel in Madurai
(before providing deduction under section 35AD) 25 Lakhs
Less: Deduction under section 35AD
Capital expenditure incurred during the P.Y. 2021-22
(excluding the expenditure incurred on acquisition of land)
= ` 200 lakh – ` 150 lakh 50 lakh
Capital expenditure incurred prior to 1.4.2021
(i.e., prior to commencement of business)
and capitalized in the books of account as on 1.4.2021 50 lakh
Total deduction under section 35AD for A.Y. 2022-23 (100 lakh)
Loss from the specified business of new hotel in Madurai (75 lakh)
Profit from the existing business of a running a hotel in Coimbatore 120 lakh
Net profit from business after set-off of loss of specified business against 45 lakh
profits of another specified business under section 73A
Answer 4
Non-deduction of tax at source on any sum payable to a resident on which tax is
deductible at source as per the provisions of Chapter XVII-B would attract disallowance
under section 40(a)(ia).
Therefore, non-deduction of tax at source on any sum paid by way of salary on which tax is
deductible under section 192 or any sum credited or paid by way of directors’ remuneration
in which tax is deductible under section 194J, would attract disallowance@30% under
section 40(a)(ia). Whereas in case of salary, tax has to be deducted under section 192
at the time of payment, in case of directors’ remuneration, tax has to be deducted at
the time of credit of such sum to the account of the payee or at the time of payment,
whichever is earlier. Therefore, in both the cases i.e., salary and directors’ remuneration,
tax is deductible in the P.Y. 2021-22, since salary was paid in that year and directors’
remuneration was credited in that year. Therefore, the amount to be disallowed under
section 40(a)(ia) while computing business income for A.Y. 2022-23 is as follows –
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Particulars Amount paid Disallowance u/s

in ` 40(a)(ia)@30%
(1) Salary [tax is deductible under section 192] 12,00,000 3,60,000
(2) Directors’ remuneration [tax is deductible under 28,000 8,400
section 194J] without any threshold limit]

Disallowance under section 40 (a) (ia) 3,68,400
If the tax is deducted on directors’ remuneration in the next year i.e., P.Y. 2022-23 at the
time of payment and remitted to the Government, the amount of Rs. 8,400 would be
allowed as deduction while computing the business income of A.Y. 2023-24.
Answer 5
Disallowance under section 40(a)(ia) of the Income-tax Act, 1961 is attracted where the
assessee fails to deduct tax at source as is required under the Act, or having deducted tax
at source as is required under the Act, or having deducted tax at source, fails to remit the
same to the credit of the Central Government within the stipulated time limit.
(i) The obligation to deduct tax at source from interest paid to a resident arises under
section 194A in the case of an individual, whose total turnover in the immediately
preceding previous year, i.e. P.Y. 2020-21 exceeds ` 100 lakhs. Thus, in present case,
since the turnover of the assessee is less than ` 100 lakhs, he is not liable to deduct
tax at source. Hence, disallowance under section 40(a)(ia) is not attracted in this
case.
(ii) The disallowance of 30% of the sums payable under section 40(a)(Ia) would be
attracted in respect of all sums on which tax is deductible under Chapter XVII-B.
Section 192, which requires deduction of tax at source from salary paid, is covered
under Chapter XVII-B. The obligation to deduct tax at source under section 192
arises, in the hands all assessee-employer even if the turnover amount does not
exceed ` 100 lakhs in the immediately preceding previous year.
Therefore, in the present case, the disallowance under section 40(a)(ia) is attracted
for failure to deduct at source under section 192 from salary payment. However,
only 30% of the amount of salary paid without deduction of tax at source would be
disallowed.
(iii) The obligation to deduct tax at source under section 194-H from commission paid
in excess of ` 15,000 to a resident arises in the case of an individual, whose total
turnover in the immediately preceding previous year, i.e., P.Y. 2020-21 exceeds ` 100
lakhs. Thus, in present case, since the turnover of the assessee is than than ` 100
lakhs, he is not liable to deduct tax at source. Therefore, disallowance under section
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40(a)(ia) is not attracted in this case.
Answer 6
Section 44AA(1) requires every person carrying on any profession, notified by the Board in
the Official Gazette (in addition to the professions already specified therein), to maintain
such books of account and other documents as may enable the Assessing Officer to
compute his total income in accordance with the provisions of the Income-tax Act, 1961.
As per Rule 6F, a person carrying on a notified profession shall be required to maintain
specified books of accounts:
(i) if his gross receipts in all the three years immediately preceding the relevant previous
years has exceeded ` 1,50,000; or
(ii) if it is a new profession which is setup in the relevant previous year, it is likely to
exceed ` 1,50,000 in that previous year.
In the present case, Vinod is a person carrying on profession as film artist, which is a
notified profession. Since his gross receipts have not exceeded ` 1,50,000 in financial
year 2018-19 and 2019-20 the requirement under section 44AA to compulsorily
maintain the prescribed books of account is not applicable to him.
Mr. Vinod, however, required to maintain such books of accounts as would enable
the Assessing Officer to compute his total income.
Answer 7
(i) Yes. Since his total turnover for the F.Y. 2021-22 is below ` 200 lakhs, he is eligible
to opt for presumptive taxation scheme under section 44AD in respect of his retail
trade business.
(ii) His income from retail trade, applying the presumptive tax provisions under section
44AD, would be ` 15,88,000, being 8% of ` 1,98,50,000.
(iii) Mr. Praveen had declared profit for the previous year 2020-21 in accordance with
the presumptive provisions and if he does not opt for presumptive provisions for any
of the five consecutive assessment years i.e. A.Y. 2022-23 to A.Y. 2026-27, he would
not be eligible to claim the benefit of presumptive taxation for five assessment
years i.e., A.Y. 2023-24 to A.Y. 2027-28 subsequent to the assessment year relevant
to the previous year in which the profit has not been declared in accordance the
presumption provisions.
Consequently, Mr. Praveen is required to maintain the books of accounts and get
them audited under section 44AB, since his income exceeds the basic exemption
limit.
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(iv) In case he opts for the presumptive taxation scheme under section 44AD, the due
date would be 31st July, 2022.
In case he does not opt for presumptive taxation scheme, he is required to get his
books of account audited, in which case the due date for filing of return of income would
be 31st October, 2022.
Answer 8
Computation of written down value of block of assets of Venus Ltd. as on 31.3.2022.
Particulars Plant & Machinery Computer
(` in lacs) (` in lacs)
Opening written down value
(as on 01.04.2021) 20 Nil
Add: Actual cost of new assets acquired during
the year
New machinery purchased on 1.9.2021 10 --
New car purchased on 1.12.2021 8 --
Computer purchased on 3.1.2022 -- 4
Less: Assets sold / discarded /destroyed 38 4
during the year Nil Nil
Closing Written Down Value (as on 31.03.2022) 38 4
Computation of Depreciation for A.Y. 2022-23

Particulars Plant & Computer
Machinery (` in lacs)
(` in lacs)
I. Assets put to use for more than 180 days, eligible
for 100% depreciation calculated applying the
eligible rate of normal depreciation and additional
depreciation
Normal Depreciation
- Opening WDV of plant and machinery 3.00 --
(` 20 lacs x 15%)
- New Machinery purchased on 1.9.2021 1.50 --
(` 10 lacs x 15%)
(A) 4.50 --
Additional Depreciation
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New Machinery purchased on 1.9.2021 2.00 --

(` 10 lakhs x 20%)
Balance additional depreciation in respect of new 1.00
machinery purchased on 31.10.2020 and put to use
for less than 180 days in the P.Y. 2020-21
(` 10 lakhs x 20% x 50%)
(B) 3.00
II. Assets put to use for less than 180 days, eligible for
50% depreciation calculated applying the eligible rate of
normal depreciation and additional depreciation, if any
Normal Depreciation
New car purchased on 1.12.2021
[` 8 lacs x 7.5% (i.e. 50% of 15%)] ---- 0.60
Computer purchased on 3.1.2022
[` 4 lacs x 20% (50% of 40%)] ---- 0.80
(C) 0.60 0.80
Total Depreciation (A + B + C) 8.10 0.80
Notes:
(1) As per section 32(1)(iia), additional depreciation is allowable in the case of any new
machinery or plant acquired and installed after 31.3.2005, by an assessee engaged,
inter alia, in the business of manufacture or production of any article or thing, at
the rate of 20% of the actual cost of such machinery or plant. However, additional
depreciation shall not be allowed in respect of, inter alia, -
(i) any officer appliances or road transport vehicles;
(ii) any machinery or plant installed in, inter alia, office premises.
In view of the above provisions, additional depreciation cannot be claimed in
respect of –
(i) Car purchased on 1.12.2021 and
(ii) Computer purchased on 3.1.2022, installed in office.
(2) As per third proviso to section 32(1)(ii), balance 50% of additional depreciation on
new plant or machinery acquired and put to use for less than 180 days in the year
of acquisition which has not been allowed in that year shall be allowed in the
immediately succeeding previous year.
Hence, in this case, the balance 50% additional depreciation (i.e., ` 1 lakhs, being
10% of ` 10 lakhs) in respect of new machinery which had been purchased during
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the previous year 2020-21 and put to use for less than 180 days in that year can
be claimed in P.Y. 2021-22 being immediately succeeding previous year.
Answer 9
Allowability of the expenses incurred by Mr. Manav, a wholesale dealer in commodities,
while computing profits and gains from business or profession
(i) Construction of school building in compliance with CSR activities
Under section 37(1), only expenditure not being in the nature of capital expenditure
or personal expense and not covered under sections 30 to 36, and incurred wholly
and exclusively for the purposes of the business is allowed as a deduction while
computing business income.
However, any expenditure incurred by an assessee on the activities relating to
corporate social responsibility referred to in section 135 of the Companies Act, 2013
shall not be deemed to have been incurred for the purpose of business and hence,
shall not be allowed as deduction under section 37.
Accordingly, the amount of ` 5,60,000 incurred by Mr. Manav, towards construction of
school building in compliance with CSR activities shall not be allowed as deduction
under section 37.
(ii) Purchase of building for setting up and operating a warehousing facility for storage of food
grains
Mr. Manav, would be eligible for investment-linked tax deduction under section
35AD @ 100% in respect of amount of ` 4,50,000 invested in purchase of building
for setting up and operating a warehousing facility for storage of food grains which
commences operation on or after 1st April, 2009 (P.Y. 2021-22, in this case).
Therefore, the deduction under section 35AD while computing business income of
such specified business would be ` 4,50,000.
(iii) Interest on loan paid to Mr. X (a resident) ` 50,000 on which tax has not been deducted.
As per section 194A, Mr. Manav, being an individual is required to deduct tax at
source on the amount of interest on loan paid to Mr. X, since his turnover during the
previous year 2020 - 21 exceeds the monetary limit of ` 100 lacs.
Therefore, ` 15,000, being 30% of ` 50,000, would be disallowed under section
40(a)(ia) while computing the business income of Mr. Manav for non-deduction of
tax at source under section 194A on interest of ` 50,000 paid by it to Mr. X.
The balance ` 35,000 would be allowed as deduction under section 36(1)(iii),
assuming that the amount was borrowed for the purposes of business.
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(iv) Commodities transaction tax of ` 20,000 paid on sale of bullion

Commodities transaction tax paid in respect of taxable commodities transactions
entered into in the course of business during the previous year is allowable as
deduction, provided the income arising from such taxable commodities transactions
is included in the income computed under the head “Profits and gains of business or
profession”.
Taking that income from this commodities transaction is included while computing
the business income of Mr. Manav, the commodity transaction tax of ` 20,000 paid
is allowable as deduction under section 36(1)(xvi).
Answer 10
(i) True: Section 36(1)(xv) allows a deduction of the amount of securities transaction tax
paid by the assessee in respect of taxable securities transactions entered into in the
course of business during the previous year as deduction from the business income
of a dealer in shares and securities.
(ii) True: As per section 40A(3A), in the case of an assessee following mercantile system
of accounting, if an expenditure has been allowed as deduction in any previous year
on due basis, and payment exceeding ` 10,000 has been made in the subsequent
year otherwise than by an account payee cheque or an account payee bank draft or
use of ECS through a bank account, then the payment to made shall be deemed to
be the income of the subsequent year in which such payment has been made.
(iii) True: According to the Explanation 5 to section 32(1), allowance of depreciation is
mandatory. Therefore, depreciation has to be provided mandatorily while calculating
income from business/ profession whether or not the assessee has claimed the same
while computing his total income.
(iv) True: Section 36(1)(ib) provides deduction in respect of premium paid by an employer
to keep in force an insurance on the health of his employees under a scheme framed
in this behalf by GIC or any other insurer. The medical insurance premium can be
paid by any made other than cash, to be eligible for deduction under section 36(1)
(ib).
(v) False: Additional depreciation can be claimed only in respect of eligible plant
and machinery acquired and installed by an assessee engaged in the business of
manufacture or production of any article or thing or in the business of generation or
transmission or distribution of power.
In this case, the assessee is engaged in trading activities and the new plant has been
acquired and installed in a trading concern. Hence, the assessee will not be entitled
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to claim additional depreciation under section 32(1)(iia).
Answer 11
(i) Not allowable as deduction: As per section 40A(7), no deduction is allowed in
computing business income in respect of any provision made by the assessee in
his books of account for the payment of gratuity to his employees except in the
following two cases:
(1) where any provision is made for the purpose of payment of sum by way of contribution
towards an approved gratuity fund or;
(2) where any provision is made for the purpose of making any payment on account of
gratuity that has become payable during the previous year.
Therefore, in the present case, the provision made on the basis of actuarial valuation
for payment of gratuity has to be disallowed under section 40A(7), since, no payment
has been actually made on account of gratuity.
Note: It is assumed that such provision is not for the purpose of contribution towards
an approved gratuity fund.
(ii) Allowable as deduction: As per Rule 6DD, in case the payment is made for purchase of
agricultural produce directly to the cultivator, grower or producer of such agricultural
produce, no disallowance under section 40A(3) is attracted even though the cash
payment for the expense exceeds Rs. 10,000.
Therefore, in the given case, disallowance under section 40A(3) is not attracted since,
cash payment for purchase of oil seeds is made directly to the farmer.
(iii) Not allowable as deduction: Income-tax of ` 20,000 paid by the employer in respect
of non-monetary perquisites provided to its employees is exempt in the hands of the
employee under section 10(10CC).
As per section 40(a)(v), such income-tax paid by the employer is not deductible
while computing business income.
(iv) Allowable as deduction: Payment for fire insurance is allowable as deduction under
section 36(1). Since payment by credit card is covered under Rule 6DD, which contains
the exceptions to section 40A(3), disallowance under section 40A(3) is not attracted
in this case.
(v) Not allowable as deduction: Disallowance under section 40(a)(iii) is attracted in respect
of salary payment of ` 2,00,000 outside India by a company without deduction of
tax at source.
(vi) Allowable as deduction: The limit for attracting disallowance under section 40A(3) for
payment otherwise than by way of account payee cheque or account payee bank
289
draft or use of ECS through a bank account is ` 35,000 in case of payment made for
plying, hiring or leasing goods carriage. Therefore, in the present case, disallowance
under section 40A(3) is not attracted for payment of ` 30,000 made in cash to a
transporter for carriage of goods.
Answer 12
(a) True: In order to escape the disallowance specified in section 40A(3), payment in
respect of the business expenditure ought to have been made through an account
payee cheque. Payment through a cheque crossed as “& Co.” will attract disallowance
under section 40A(3).
(b) Partly True: Section 40(a)(ia) provides that failure to deduct tax at source from rent
or royalty payable to a resident, in accordance with the provisions of Chapter XVII-B,
will result in disallowance of only 30% of such expenditure, where the resident
payee has not paid the tax due on such income.
Answer 13
Computation of total income
Particulars ` `
Net Profit 1,60,000

Less: Items credited to P & L A/c but not treated as income:
(i) Customs duties recovered 22,000
(ii) Gift from son 30,000 52,000
1,08,000
Add:
(1) Expenses disallowed: Outstanding liability for GST not 10,000
paid before filing the return (30.9.2021) disallowed
u/s 43B (24,000 - 14,000)
(2) Outstanding liability of rent payable to railway not 30,000
paid before filing the return i.e. (30.9.2021) disallowed
u/s 43B
(3) 30% Audit fee as tax has not been deducted at source
(Section 40(a)(ia) 9,600 49,600
1,57,600
Less: Capital expenditure incurred on scientific research 25,000
related to business but not debited to P & L A/c
Business income being total income 1,32,600
290
1. Bonus paid to staff is fully deductible.

2. Capital expenditure on scientific research related to business is fully deductible u/s
35.
Answer 14
` ` `
Net profit 3,10,000

Add : Inadmissible expenses:
Acquisition of copy right (eligible for 12,000
depreciation)
GST (paid after due date of return) 7,000
Staff salary 5,000
Provision for income-tax 25,000
Bonus not paid within due date 20,000
Technical know-how (eligible for depreciation) 30,000
Reserve for bad & doubtful debt 11,000
Cost of extension of office building (eligible 36,000
for depreciation)
Patent right (eligible for depreciation) 40,000 1,86,000
4,96,000
Less : Expenses allowed and receipt not
chargeable
Under this head:
Depreciation
(i) Building 10% of (8,00,000 + 36,000) 83,600
(ii) Plant and machinery 15% of 2,80,000 42,000
(iii) Intangible Assets (See Working Note) 16,750 1,42,350
Bad debt not allowed earlier 5,000
Custom duty 60,000
2,07,350
Business income 2,88,650
Working Note
Depreciation on intangible assets ` `
Opening WDV
291
Acquired and put to use for 180 days or more (12000 + Nil
40,000)
Acquired and put to use for less than 180 days 52,000
30,000
82,000
Less: Depreciation 25% on ` 52,000 13,000
12.5% on ` 30,000 3,750 16,750
WDV as on 1.4.2022 65,250
Answer 15
`
Net profit as per profit and loss account 5,45,000

Adjustments:
Add: GST (+) 50,000
Less: GST paid during 2021-22 (deductible on payment basis) (-) 40,000
Less: GST paid on or before September 30, 2022 (i.e. due date of filing ROI) (-) 4,000
Less: Bonus to employees (-) 15,000
Less: Customs duty (-) 25,000
Less: Leave salary (-) 45,000
Net income 4,66,000
Note : Excise duty is paid on or before due date to file Return of income of F.Y. 2020-21.
Hence it would had been already allowed as deduction in 20-21.
Answer 16
` `
Net profit as per profit and loss A/c 1,60,600

Add : Inadmissible expenses
Expenses for arranging personal party 500
contribution to a political party 1,000
Advance tax 8,000
Salary to X 45,000
Interest on capital of X 23,000
Interest on loan taken for payment of income tax 42,000
Capital expenditure on advertisement 3,000
292
Excess depreciation (i.e., ` 48,000 – ` 37,300) 10,700 1,33,200

2,93,800
Add : Business Income Taxable but not recorded 4,500
2,98,300
Less : Income credited to the P&L a/c but not chargeable under
this head
Interest on debentures 25,000
Interest on deposit with a company 13,000 38,000
Less : Expenses allowed as deduction but not recorded
Depreciation on signboard ( 10% of 3000) 300
Note : Bad debts is an allowable expenditure u/s 36(1)(vii) assuming it is revenue in

nature and already written off.
Answer 17
` `
Net profit as per profit and loss a/c 5,82,600

Extension of building (capital expenditure is not allowed) 6,000
Excessive depreciation (i.e. ` 23,000 – ` 19,000) 4,000
Bonus not paid till due date of furnishing return of income 6,000
(` 36,000 – ` 30,000)
Contribution to unapproved gratuity fund 4,000
Penalty for evading GST 10,000 30,000
Add Income Taxable but not recorded
Less : Expenses allowed but not recorded
Capital expenses on scientific research related to assessee’s 30,000
business (100% of 30,000)
Less : Income not covered by Bus/Prof. or not chargeable
Bad debts recovered (not allowed as deduction earlier) 7,100
Gift received from father 43,000 (80,100)
Note
1. Outstanding bonus and GST paid up to July 31, 2022 (i.e. the due date of submission
293
of return of income) is deductible. Amount paid after this date is deductible in the
year of payment.
2. Pension paid to the widow of a former employee is deductible u/s 37(1)
3. Interest for non-payment of GST is deductible u/s 37(1) as it is compensatory in
nature.
4. Contribution to approved scientific research association is entitled for deduction u/s
35(1)(ii) at 100%.
Answer 18
` `

Add : Income Taxable but not recorded
GST refund (it is taxable u/s 41(1)
even if the matter is still pending) 3,000
Add : Inadmissible expenditure
Expenses on issue of shares
(1/5 of ` 18,000 is deductible u/s 35D & remaining 4/5 is
disallowed in current year but will be allowed in next four
year)
[` 18,000 x 4/5] 14,400
Capital expenditure on family planning
(1/5 of ` 2,500 is deductible u/s 36(1)(ix) & remaining 4/5 is 2,000
disallowed in current year but will be allowed in next four
year) [` 2,500 x 4/5]
Reserve for future losses Section 37 20,000
Reserve for of advance income tax Sec 40(a)(ii) 13,000
Car expenses (1/4 of ` 9,000 as car is used partly for 2,250
personal purpose) Sec. 38
Depreciation on machinery 2,000
Depreciation on car (1/4 of ` 3,000 as car is used partly or 750
personal purpose) Sec. 38
Payment of printing bill to relative. Sec. 40A(2) 4,700
Salary paid in cash. Sec. 40A(3) 21,000
Mediclaim insurance premium paid in cash. Sec 36(1)(ib) 6,000
Dividend tax Sec 40(a)(ii) 700
Income-tax Sec 40(a)(ii) 500 87,300
294
Balance 11,92,600
Less : Expenses allowed but not recorded (3,00,000)
Compensation under the voluntary retirement scheme
(1/5 of ` 15,00,000 is deductible in 5 years u/s 35DDA)
8,92,600
Less : Income taxable under other heads
Interest on bank deposits 17,000
Capital gains on sale of short-term investment 3,000 (20,000)
Notes
1. The company cannot claim any deduction u/s 80C.
2. It has been held that letting out of residential flats to its employees is subservient
and incidental to the main business of the company. Therefore, rent is not taxable
under the head “Income form house property & the same is treated as Business
Income.
3. Amount deposited with Maruti Udyog Ltd. is not deductible.

depreciation on this?

or assumed that depreciation on this is already included in 3000 depn as considered
above?
Answer 19

Household expenses 20,000
Income tax 36,100
Interest on own capital 84,000
Reserve for bad debts 3,400
Excessive depreciation on furniture
(i.e., ` 18,000 – ` 17,200) 800 1,44,300
Add : Income taxable but not recorded
Under Valuation of closing stock (1/9 of ` 2,10,000) 23,333
Less : Expenses allowed but not recorded
295
Under Valuation of opening stock (1/9 of ` 1,04,000) (11,556)

Less : Income not chargeable or not covered by PGBP
Notional profit on goods withdrawal by X
(i.e., ` 41,250 – ` 27850) (13,400)
Answer 20
Computation of deductible remuneration
Particulars Details Amount
Net loss as per profit and loss account (680000)

Add: Expenditure disallowed but debited in P/L Account
Remuneration to working partner 750000
Depreciation 320000
Expenses (being not deductible) 172500
Interest on capital to partners 7000 1249500
Less: Expenditure allowed but not debited in P/L Account 569500
Depreciation (331000)
Book profit 238500
Remuneration to partner(being minimum of the following)
Actual remuneration to partner 750000
` 150000 or 90% of book profit, whichever is higher 214650 (214650)
Professional income of firm 23850
Answer 21
Computation of taxable profits and tax liability
Particulars Amount
Net profit as per books of accounts 208000

Add: interest to partner allowed upto 12% u/s 40(b) [36000*(6/18)] 12000
Book Profit 220000
Less: Remuneration to partner [Maximum to the extent of 90% of book
profit or ` 150000, whichever is higher]
(198000)
Profit & gains of business or profession 22000
Tax on above @ effective rate 31.2% rounded off u/s 288B) 6860
296
Answer 22
Computation of Gross Total Income
Particulars ` `
Income From House Property : GAV 80000

Less : Taxes paid by owner to Local authority (3000)
Net Annual Value 77000
Sec. 24(a) 30 % Std. Deduction (23100)
(A) Income from House Property 53,900
Profits and gains from Bus./Prof.
N.P. as per P/L. account 23000
Add : Expenses disallowed
37(1) : Municipal taxes on LOP 3000
37(1) : Customs Penalty 5000
36(1)(vii) : Provision for Bad Debts 10000
Opening Stock ( 400000*25/125) 80000
40(a)(ii) : Provision for income tax 40000 138000
Add : Income taxable but not recorded

Closing stock (480000/75%*25%) 160000
Less : Income not covered by PGBP

Rent from House Property 80000
Share of profit from partnership firm exempt u/s 10(2A) 9000 (89000)
(B) Profits & Gains from Bus/Prof. 232000
(C) Income from Other sources 0
Gross Total Income ( A + B + C) 285900
Notes:
a) As per Rule 6DD, payment in cash exceeding ` 10000 made to cultivator for purchase
of agricultural produce would not be disallowed.
b) Compensation to supplier is business expenditure and is revenue in nature. Hence it
is an allowable expense u/s 37(1)
c) Deduction of bonus expenses is allowed u/s 36(1)(ii) and is not subject to restrictions
under Payment of Bonus Act, 1965.
d) As per section 43B, as disputed GST is paid on or before due date to file return of
297
income, it is an allowable expense.

e) Provision for gratuity is an allowable expense. The same is not disallowed as per
provisions of Section 40A(7).
f) As Mrs. Ronie is a law graduate, salary of `36000 seems fair and reasonable.
Answer 23
Computation of gross total income of Vinay
Particulars Amount Amount
Profits and gains of business or profession 400000

Add: Expenditure disallowed
Interest on capital 12000
Income-tax paid 25000
Salary to Vinay 20000
Donation to Political Party 5000
Interest on loan as loan was taken for payment of income 8000 70000
tax
Add : Income Taxable but not recorded
Less: Expenditure allowed but not recorded
Depreciation (Shortfall) 8000
Less: Income taxable under other head
Interest on debentures 40000 48000
Profit & Gains of Business or Profession 422000
Add: Income from other Sources
Interest on debentures 40000
Gross Total Income 462000
Less: Deductions
U/s 80C [LIP Paid] 5200
U/s 80GGC [Donation to Political Party] 5000 10200
Total Income 451800
Answer 24
Computation of Total Income
PGBP 10,94,750
IFOS 3,000
298

Less: Deduction u/s 80C (70,000)
Net taxable Income 11,25,750
Computation of Income from House Property

Gross Annual Value 1,40,000
Less: Municipal taxes Nil
Net Annual Value 1,40,000
Less: Deduction u/s 24
Standard deduction( 30%) (42,000)
Interest on capital borrowed Nil
Computation of PGBP
Net Profit as per profit & loss account 17,45,600
Add:
1. Franchises, being capital expenditure 1,00,000
2. Advertisement, being capital expenditure 9,000
3. Income tax (income tax is not allowed as per sec 40(a)) 8,200
4 Addition to office building, being capital expenditure 45,000
5. Investment in public provident fund 70,000
6. Closing stock undervalued by 10% (1,80,000 x 10/90) 20,000
19,97,800
Less:
Opening stock undervalued by 10% (13,50,000 x 10/90) (1,50,000)
Depreciation (5,88,150)
Gift from friend (1,200)
Rental income from House Property (1,40,000)
Income tax refund (700)
Dividends from a foreign company (3,000)
Sale to the proprietor should be at cost price (20,000)
PGBP 10,94,750
Depreciation
(i) Franchise (1,00,000 x 25%) 25,000
(ii) Furniture / fixtures (10%)
- Neon sign board (9,000 x 10%) 900
299
- Wiring in bldg (4,500 x 5%) 225

(iii) Office Building
Opening 56,00,000 x 10% 5,60,000
Addition 40,500 x 5% 2025
Total Depreciation 5,88,150
Answer 25
Computation of Total Income
Income from Salary Nil
PGBP 53,20,200
CG (STCG) 2,00,000
IFOS 7,000
Less: Deduction u/s 80C (54,000 + 5,000) (59,000)
Net taxable Income 54,68,200
Computation of Income from Salary

Gross Salary 45,000
Less: Standard deduction u/s 16(ia) 45,000
Income from Salary Nil
Computation of PGBP
Consultancy fee 55,35,500
Less:
Rent (50%) (72,000)
Office expenses (46,000)
Depreciation on Car (31,500)
Depreciation on Computer (20,000)
Depreciation on legal books (8,400)
Car expenses {70% x 42,000} (29,400)
Electricity and water charges (50%) (8,000)
PGBP 53,20,200
300
Computation of IFOS
Share of profit from partnership firm [exempt u/s 10(2A)] Nil
Payment from university as an evaluator 7,000
IFOS 7,000
Depreciation
(i) Depreciation on car = (3,00,000 x 15 % x 70%) = 31,500
(ii) Depreciation on computer = 50,000 x 40% = 20,000
(iii) Depreciation on books - (12,000 x 40%) + (18,000 x 20%) = 8,400
Answer 26
1. As per section 35(2AB), where a company engaged in, inter alia, the business of
biotechnology incurs any expenditure on scientific research during the current year, it
is eligible for claiming deduction of a sum equal to 100% of the eligible expenditure.
The eligible expenditure and quantum of deduction will be:
(a) Current year capital expenditure (except expenditure in the nature of cost of
any land or building) or revenue expenditure incurred for scientific research
under section 35(2AB).
(b) Any expenditure incurred during earlier 3 years immediately preceding the date
of commencement of business on payment of salary or purchase of materials,
or capital expenditure incurred other than expenditure on acquisition of land
[actual expenditure qualifies for deduction under section 35(1)].
The deduction available under section 35 for scientific research will, therefore, be:

Particulars `
(a) Land Nil

(b) Building 25,00,000
(c) Revenue expenses of last 3 years 2,20,000
(d) Capital expenditure of last 3 years: Plant and machinery 5,00,000
Expenditure allowable under section 35(1) 32,20,000
Current year revenue expenditure ` 1,80,000 u/s 35(2AB) 1,80,000
Total deduction under section 35 34,00,000
2. Section 41(3) provides that where a capital asset used for scientific research is sold,
without having been used for other purposes, the lower of sale proceeds or the
total amount of deduction earlier allowed under section 35 will be considered as
301
income from business of the previous year in which the sale took place.
Therefore, the income chargeable to tax under section 41(3) would be lower of the
following:
(1) Sale proceeds i.e.,` 8,00,000
(2) Total amount of deduction earlier allowed under section 35 i.e.,` 5,00,000
` 5,00,000 will be deemed to be the income chargeable to tax under section
41(3).
The difference between sale proceeds and business income under section 41(3)
will be treated as short-term capital gain.
Sale proceeds of plant and machinery 8,00,000
Less: Business Income as per section 41(3) (5,00,000)
Short-term capital gain taxable u/s 45 3,00,000
Answer 27
Computation of Gross Total Income of Mr. Gupta
Particulars ` `
Income from Business or profession

Net profit as per Profit and Loss Account 11,50,000
Add : Expenses not deductible
Donation to Prime Minister Relief Fund (Refer Note 1) 1,00,000
Provision for bad debts (Refer Note 2) 50,000
Family planning expenditure incurred on employees (Refer 20,000
Note 3)
Depreciation as per Profit and Loss Account 30,000
Income-tax (Refer Note 4) 1,00,000
Employer’s contribution to recognized provident fund (Note 25,000 3,25,000
5)
14,75,000
Less : Expense allowed
Depreciation as per Income-tax Rules, 1962 (40,000)
14,35,000
Add : Employee’s contribution included in income as per 25,000
Section 2(24)(x) (Refer Note 6)
Business Income / Gross Total Income 14,60,000
302
Notes:
(1) Donation to Prime Minister Relief Fund is not allowed as deduction from the business
income. It is allowed as deduction under section 80G from the gross total income.
(2) Provisions for bad debts is allowable as deduction under section 36(1)(viia) (subject
to the limits specified therein) only in case of banks, public financial institutions,
State Financial Corporation and State Industrial Investment Corporation. Therefore,
it is not allowable as deduction in the case of Mr. Gupta.
(3) Expenditure on family planning is allowed as deduction under section 36(1)(ix) only
to a company assessee. Therefore, such expenditure is not allowable as deduction
in the hands of Mr. Gupta.
(4) Income-tax paid is not allowed as deduction as per the provisions of section 40(a)
(ii).
(5) Since, Mr. Gupta’s contribution (by the employer) to recognized provident fund is
deposited after the due date of filing return of income, the same is disallowed as
per provisions of section 43B.
(6) Employee’s contribution is includible in the income of the employer by virtue of
Section 2(24)(x). The deduction for the same is not provided for as it was deposited
after the due date.
(7) TDS provisions under section 194A are not attracted in respect of payment of interest
on bank loan. Therefore, disallowance under section 40(a)(ia) is not attracted in this
case.
Answer 28
Computation of income under the head “Profits and gains of business or profession” of Mr. Q for
the A.Y. 2022-23.
` `
Net profit as per profit and loss account 93,950

Add: Expenses not allowable
(i) Expenses on building a new room – Capital 1,00,000
expenditure, hence not allowable as per section 37(1).
(ii) Interest payable on which tax has not been 15,000
deducted at source [disallowed under section 40(a)]
[See Note 1]
(iii) Penalty for contravention of Central Sales Tax Act 24,000
[Penalty paid for violation or infringement of any law
is not allowable as deduction under section 37(1)] 1,39,000
303
2,32,950
Less: Income not forming part of business income
Interest from company deposits (chargeable under the head 6,400
“Income from other sources”)(See Note 2 below)
Income-tax refund (not an income chargeable to tax) 8,100 (14,500)
Profit and gains of business or profession 2,18,450
Note :
1. Section 40(a)(ia) provides for disallowance of 30% of any sum paid, on which tax
is deductible under Chapter XVII-B, but the same has not been deducted. Hence,
` 15,000 being 30% of ` 50,000 has to be added back while computing business
income.
2. Interest on company deposits may also be treated as business income presuming
that the interest has been earned by Mr. Q out of available temporary surplus funds
which are not immediately required for his business purposes but nevertheless
meant only for Mr. Q’s business activities. In such a case, income under the head
“Profit and gains of business or profession” would be ` 2,24,850.
Answer 29
Profits and gains of business or profession of Mr. A for the year ended 31.3.2022
Particulars ` `
Net profit as per profit and loss account 94,500

(i) Expenses on raising compound wall – capital 95,000
expenditure, hence disallowed
(ii) Interest payable outside India to a non-resident, as 12,000
tax has not been deducted at source [Section 40(a)(i)]
(iii) Penalty for contravention of CST Act [Penalty paid 24,000
for violation or infringement of any law is not
allowable as deduction under section 37(1)] 1,31,000
Less: Income not forming part of business income 2,25,500
Interest from company deposits taxable in I.F.O.S. 6,400
Dividend from Indian company taxable in I.F.O.S. 3,600
Income tax Refund not taxable 4,500 (14,500)
Profit and gains of business or profession 2,11,000
304
AGRICULTURE INCOME
Introduction:
Section 10(1) exempts agricultural income from tax and also provides for its exclusion
incomputing the total income of the assessee. The reason of exemption of agricultural
income from Central taxation is that the Constitution gives exclusive power to make laws
with respect to taxes on agricultural income to the State Legislatures. From the assessment
year 1974-75, agriculture income is, however taken into account to determine tax on non-
agricultural income in certain cases. This Chapter explains the meaning of agricultural
Income and mode of aggregation of agricultural income with non- agricultural income to
determine tax incidence on the latter.
What is the scheme of partial integration of non-agricultural income with agricultural income.
The scheme of partial integration of non-agricultural income with agricultural income is
applicable if the following conditions are satisfied-
Condition 1 – The taxpayer is an person liable to pay tax as per slab rates.
Condition 2 – Agricultural income of the taxpayer exceeds Rs 5,000
Condtion 3 – The taxpayer non - agricultural income exceeding the basic exemption limit
Computation of tax in cases covered by the scheme

Step 1: Add non-agricultural income with net agricultural income. Compute tax on the
aggregate amount.
Step 2: Add net agricultural income and the maximum exemption limit available to
the assessee (i.e., ` 2,50,000 / ` 3,00,000/ ` 5,00,000). Compute tax on the
aggregate amount.
Step 3: Deduct the amount of income tax calculated in step 2 from the income tax
calculated in step 1 i.e., Step 1 – Step 2.
Step 4: The sum so arrived at shall be increased by surcharge, if applicable. It would
be reduced by the rebate if any available u/s 87A.
Step 5: Thereafter, it would be increased by health and education cess @ 4%.
305
Definition of agricultural income [Section 2(1A)]: This definition is very wide and covers the
income of not only the cultivators but also the land holders who might have rented out
the lands. Agricultural income may be received in cash or in kind.
Three ways: Agricultural income may arise in any one of the following three ways:-
(1) It may be rent or revenue derived from land situated in India and used for agricultural
purposes.
(2) It may be income derived from such land through agriculture or the performance
of a process ordinarily employed by a cultivator or receiver of rent in kind to render
the produce fit to be taken to the market or through the sale of such agricultural
produce in the market.
(3) Lastly, agricultural income may be derived from any farm building required for
agricultural operations.
Now let us take a critical look at the following aspects:
(1) Land has to be situated in India - If agricultural lands are situated in a foreign State,
the entire income would be taxable.
(2) “Agriculture” and “agricultural purposes” - These terms have not been defined in the
Act. However, cultivation of a field involving expenditure of human skill and labour
on the land can be broadly termed as agriculture.
(a) “Agriculture” means tilling of the land, sowing of the seeds and similar
operations. These are basic operations and require the expenditure of human
skill and labour on land itself. Those operations which the agriculturists have
to resort to and which are absolutely necessary for the purpose of effectively
raising produce from the land are the basic operations.
(b) Operations to be performed after the produce sprouts from the land (e.g.,
weeding, digging etc.) are subsequent operations. These subsequent operations
would be agricultural operations only when taken in conjunction with and as
a continuation of the basic operations. Simply performing these subsequent
operations without raising such products is not characterized as agriculture.
(c) “Agriculture” comprises within its scope the basic as well as the subsidiary
operations regardless of the nature of the produce raised on the land. These
produce may be grain, fruits or vegetables necessary for sustenance of human
beings including plantation and groves or grass or pasture for consumption
of beasts or articles of luxury such as betel, coffee, tea, spices, tobacco or
commercial crops like cotton flax, jute hemp and indigo. The term comprises
of products of land having some utility either for consumption or for trade and
commerce and would include forest products such as sal, tendu leaves etc.
306
(d) However, the term ‘agriculture’ cannot be extended to all activities which have
some distant relation to land like dairy farming, breeding and rearing of live
stock, butter and cheese making and poultry farming. This aspect is discussed
in detail later on.
(3) Process ordinarily employed - The process to which the agricultural produce is subject
should be a process which is ordinarily employed by a cultivator. It may be manual
or mechanical. However, it must be employed to render the produce fit to be taken
to the market. For example, before making rice fit to be taken to the market we have
to remove the basic grain from the hay, we have to remove the chaff from the grain,
we have to properly filter them, we have to remove stones etc. and we have to pack
the grain in gunny bags. In that condition alone the rice can be taken to the market
and sold. This process of making the rice ready for the market may involve manual
operations or mechanical operations. All these operations constitute the process
ordinarily employed to make the product fit for the market. The produce must retain
its original character in spite of the processing unless there is no market for selling
it in that condition.
(4) Income from farm building - Income from any farm building which satisfies the following
conditions would be agricultural income and would consequently be exempt from
tax. Income derived from any such building arising from any other use (other than
those discussed below) shall not be agricultural income.
(a) The building should be on or in the immediate vicinity of the agricultural land;
(b) It should be owned and occupied by the receiver of the rent or revenue of any
such land or occupied by the cultivator or the receiver of rent in kind of any land
with respect to which land or the produce of which land the process discussed
above is carried on;
(c) The receiver of the rent or revenue or the cultivator or the receiver of rent in
kind should, by reason of his connection with such land require it as a dwelling
house or other out building.
In addition to the above three conditions any one of the following two conditions
should also be satisfied:
(i) The land should either be assessed to land revenue in India or be subject to a
local rate assessed and collected by the officers of the Government as such or;
(ii) Where the land is not so assessed to land revenue in India or is not subject to
local rate:-
(a) It should not be situated in any area as comprised within the jurisdiction
307
of a municipality or a cantonment board and which has a population not

less than 10,000.
(b) It should not be situated in any area within such distance, measured
aerially, in relation to the range of population according to the last
preceding census as shown hereunder –

Shortest aerial distance from the Population according to the
local limits of a municipality or last preceding census of which
cantonment board referred to in the relevant figures have been
item (a) published before the first day of
the previous year.
(i) 2 kilometers > 10,000 < 1,00,000
(ii) 6 kilometers > 1,00,000 <10,00,000
(iii) 8 kilometers > 10,00,000
(5) Income from nursery - In the past, there have been court rulings that only if a nursery is
maintained by carrying out the basic operations on land and subsequent operations
in continuation thereof, income from such nursery would be treated as agricultural
income and would qualify for exemption under section 10(1). The Supreme Court
has, in CIT v. Raja Benoy Kumar Sahas Roy (1957) 32 ITR 466, held that the basic
operations must be performed before any income can be called agricultural income.
The basic operations involve cultivation of the ground, in the sense of tilling of the
land, sowing of the seeds, planting and other similar operations on the land. Such
basic operations demand the expenditure of human labour and skill upon the land
itself and further, they are directed to make the crop sprout from the land. Therefore,
income derived from sale of plants grown directly in pots would not be treated as
agricultural income.
However, the Madras High Court, in CIT v. Soundarya Nursery (2000) 241 ITR 530,
observed that nursing activity involves carrying out of several operations on land
before the saplings were transplanted in suitable containers including pots and
thereafter kept in shade or green house for further operation and growth. Therefore,
income arising from nursery should be considered as agricultural income.
Explanation 3 to section 2(1A) provides that the income derived from saplings or
seedlings grown in a nursery would be deemed to be agricultural income, whether
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or not the basic operations were carried out on land. This Explanation ratifies the
view taken by the Madras High Court in favour of the taxpayer.
Examples of Agricultural income:

For better understanding of the concept, certain examples of agricultural income and
non-agricultural income are given below:
Agricultural income
1. Income derived from the sale of seeds.
2. Income from growing of flowers and creepers.
3. Rent received from land used for grazing of cattle required for agricultural activities.
4. Income from growing of bamboo.
Non-agricultural income
1. Income from breeding of livestock.
2. Income from poultry farming.
3. Income from fisheries.
4. Income from dairy farming.
Composite income
WHAT IS THE TAX TREATMENT OF INCOME WHICH IS PARTLY AGRICULTURAL AND PARTLY
BUSINESS(Rule 7,7A,7B and 8)
For disintegrating a composite business income which is partly agricultural and partly
non-agricultural, the following rules are applicable –
 For tea, coffee & latex:

INCOME TAXABLE AGRICULTURE INCOME-TAX
INCOME % INCOME % RULES
(1) Tea growing & manufacturing 40 60 8
(2) Centrifuged latex or cenex or Latex 35 65 7A
based crepes or block rubbers
Centrifuge : Rapidly rotating
machine for separating
Latex : Milky fluid of rubber tree
Crepe : Rinkle sheet rubber used
for shoe soles
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(3) Coffee grown & cured 25 75 7B

(4) Coffee grown, cured, roasted and 40 60 7B
grounded with or without mixing
Chicory & other flavouring
ingredients.
Chicory : Curly leaved plant used
as salads, with or instead of
coffee
 For any other case [Rule 7]

For disintegrating a composite business income which is partly agricultural and
partly non - agricultural, the market value of any agricultural produce, raised
by the assessee or received by him as rent-in-kind and utilised as raw material
in his business, is deducted. No further deduction is permissble in respect of any
expenditure incurred by the assessee as a cultivator or receiver of rent in kind.
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CLASSWORK PROBLEMS
Question 1
(a) For the previous year ending March 31, 2022, non-agricultural income of X is
` 90,000, whereas agricultural income is ` 5,70,000. Is he liable to pay income-tax?
(b) For the assessment year 2022-23, net agricultural income of Mrs. X (47 years) is
` 3,40,000 and non-agricultural income is ` 2,80,000. Determine her tax liability.
(c) For A.Y. 2022 - 23, the agricultural income of ABC Pvt. Ltd. is ` 7,60,000 and the
non-agricultural income is ` 6,00,000/-. Calculate the tax payable.
Question 2
Discuss whether the following items of income constitute "Agricultural Income" for the
purpose of the Income-tax Act.
(a) Income derived from rubber plantation in Singapore.
(b) Rent received from a tenant to whom land in India has been let out and who uses it
for cultivating wheat.
(c) Income derived from sale of timber of spontaneous growth on Indian soil.
Question 3
X Ltd. grows sugarcane to manufacture sugar. Data for 2021-22 is as follows :
(` In lakh)
Cost of cultivation of sugarcane 6
Market value of sugarcane when sugarcane is transferred to factory 10
Other manufacturing cost 6
Sales turnover of sugar 25
Salary of managing director who looks after non-agricultural 3
operations of the company.
Compute agriculture income and income from business.
Question 4
Mr. Tenzingh is engaged in composite business of growing and curing (further processing)
coffee in Coorg, Karnataka. The whole of coffee grown in his plantation is cured. Relevant
information pertaining to the year ended 31.03.2022 are given below:
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`
WDV of car as on 1.4.2021 (15% rate) 3,00,000
WDV of machinery as on 1.4.2021 (15% rate) 15,00,000
Expenses incurred for growing coffee 3,10,000
Expenditure for curing coffee 3,00,000
Sale value of cured coffee 22,00,000
The expenses incurred for car running and maintenance are ` 50,000. The machines & the
car were used in coffee curing business operations only.
Compute the income arising from the above activities for the assessment year 2022-23.

Question 5
Mr. Kamal grows paddy and uses the same for the purpose of manufacturing of rice in
his own Rice Mill. The cost of cultivation of 40% of paddy produce is ` 7,00,000 which id
sold for 15,00,000; and the cost of cultivation of balance 60% of paddy is ` 12,00,000
and the market value of such paddy is ` 24,00,000.To manufacture the rice, he incurred `
2,00,000 in the manufacturing process on the balance (60%) paddy.
The rice was sold for ` 30,00,000.
Compute the Business income and Agriculture Income of Mr. Kamal.
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HOMEWORK PROBLEMS WITH SOLUTIONS
Question 1
Miss Vivitha, a resident and ordinarily resident in India, has derived the following income
from various operations (relating to plantations and estates owned by her) during the
year ended 31-3-2022:
S. No. Particulars `
(i) Income from sale of centrifuged latex processed from rubber 3,00,000
plants grown in Darjeeling.
(ii) Income from sale of coffee grown and cured in Yercaud, Tamil 1,00,000
Nadu.
(iii) Income from sale of coffee grown, cured, roasted and 2,50,000
grounded, in Colombo. Sale consideration was received at
Chennai
(iv) Income from sale of tea grown and manufactured in Shimla. 4,00,000
(v) Income from sapling and seedling grown in a nursey at Cochin. 80,000
Basic operations were not carried out by her on land
You are required to compute the business income and agricultural income of Miss Vivitha
for the assessment year 2022-23.
Answer
Computation of business income and agricultural income of Ms. Vivitha for the A.Y. 2022-23.
Sr. Source of income Gross Business income Agricultural
No. income
` % ` `
(i) Sale of centrifuged latex from 3,00,000 35% 1,05,000 1,95,000
rubber plants grown in India
(ii) Sale of coffee grown and cured 1,00,000 25% 25,000 75,000
in India.
(iii) Sale of coffee grown, cured,
roasted and grounded outside
India.
(See Note 1 below) 2,50,000 100% 2,50,000
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(iv) Sale of tea grown and 4,00,000 40% 1,60,000 2,40,000

manufactured in India
(v) Saplings and seedlings grown
in nursery in India
(See Note 2 below) 80,000 Nil 80,000
Total 5,40,000 5,90,000
Notes:
1. Where income is derived from sale of coffee grown, cured, roasted and grounded
by the seller in India, 40% of such income is taken as business income and the
balance as agricultural income. However, in this question, these operations are done
in Colombo, Sri lanka. Hence, there is no question of such apportionment and the
while income is taxable as business income. Receipt of sale proceeds in India does
not make this agricultural income. In the case of an assessee, being a resident and
ordinarily resident, the income arising outside India is also chargeable to tax.
2. Explanation 3 to section 2(1A) provides that the income derived from saplings or
seedlings grown in a nursery would be deemed to be agricultural income whether or
not the basic operations were carried out on land.
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CAPITAL GAINS
Introduction
Capital gain is an increase in the value of a capital asset (investment or real estate) that
gives it a higher worth than the purchase price.
This gain is normally realised when the asset is transferred. Further, this gain may be
short-term or long-term in nature (discussed later on in this chapter).
In this chapter we will learn about the method to calculate capital gains under various
situations and their taxability after various exemptions granted u/s 54 to section 54GB.
General Charge Specific Charge

Section 45(1) provides that, any profit Cases where the income (i.e. profit
or gain arising from transfer of a capital or gain) is charged to tax specifically
asset shall be chargeable to tax under under the head ‘Capital Gains’ only:
the head ‘Capital Gains’ in the previous (1) Profit or gain arising on receipt
year in which the transfer took place of insurance claim on damage
unless such capital gain is not exempt or destruction of a capital asset
u/s 54 to 54GB. - [Section 45(1A)]
(2) Profit or gain arising on
Hence, from the above provision it conversion of a capital asset
is clear that in order to charge any into stock in trade - [Section
income (i.e. profit or gain) to tax under 45(2)]
the head capital gains, following (3) Profit or gain arising on transfer
conditions must be satisfied: of beneficial interest in securities
(1) There should be a capital asset; - [Section 45(2A)]
(2) Such capital asset should be
transferred;
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(3) Profit or gain should arise on (4) Profit or gain arising on transfer
transfer of such capital asset; of a capital asset by a partner/
and member to the firm/AOP/BOI -
(4) The capital gain is not exempt u/s [Section 45(3)]
54 to 54GB. (5) Profit or gain arising on
distribution of a capital asset by
If all the above conditions are satisfied, a firm/AOP/BOI to its partners/
then the income (i.e. profit or gain) members on dissolution or
shall be charged to tax under the head otherwise - [Section 45(4)]
‘Capital Gains’ for the previous year in (6) Profit or gain arising on receipt
which the capital asset is transferred. of compensation or enhanced
compensation on compulsory
acquisition of a capital asset
under any law - [Section 45(5)]
(7) Profit or gain arising on transfer
of land or building or both
under a specified agreement -
[Section 45(5A)]
Note:
Under this head; two terms are important to understand, one is ‘capital asset’
and another one is ‘transfer’ because, under this head, the charge is created
only when there is a transfer of a capital asset by the assessee.
Capital Asset - [Section 2(14)]

 As per section 2(14), the term ‘capital asset’ is defined to include:
(a) property or asset of any kind, held by the assessee, whether or not connected
with his business or profession;
(which means that the asset may be movable or immovable, tangible or
intangible, fixed or circulating. Further, it may be used in the business or
profession of the assessee or may also be used for personal purposes).
(b) any securities held by a foreign institutional investor (FII) which has invested in
such securities in accordance with the SEBI regulations.
(c) Any unit linked insurance policy which is not exempt u/s10(10D).
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Note:
As per the explanation to section 2(14), the term ‘property’ includes and shall be
deemed to have always included any rights in or in relation to an Indian company,
including rights of management or control or any other rights whatsoever.
 However, the term capital asset does not include:

Stock-in-trade Any stock in trade [other than the securities mentioned in sub-
clause (b) above], consumable stores and raw materials held for
the purpose of business or profession of the assessee.
Note:
This exception does not apply in case of securities mentioned
in sub-clause (b) of section 2(14) held by FIIs. This means, even
if the nature of the securities in the hands of the FII is stock in
trade, the same would still be treated as a capital asset and
the profit or gain on transfer of such securities shall be taxable
as capital gains only and not as ‘PGBP’.
Personal It means movable property (including wearing apparel & furniture)

Effects held for the personal use by the assessee or any member of his
family dependent on him.
For example, personal motor car/automotive, television sets, air
conditioners, computers, music system, mobile phones, furniture etc.
However, the term personal effects does not include following, even
though they are movable and are held for personal use:
- jewellery;
- archeological collections;
- drawings;
- paintings;
- sculptures; and
- any work of art (i.e. art work).
Note:
(1) The house property, in which the assessee lives, even
though intimately used by the assessee for personal
purposes, shall not be considered as personal effect as it
is an immovable property.
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(2) The term ‘jewellery’ includes:

(a) ornaments made of gold, silver, platinum or any
other precious metal or any alloy containing one
or more of such precious metals, whether or not
containing any precious or semi-precious stones &
whether or not worked or sewn into any wearing
apparel;
(b) precious or semi-precious stones, whether or not set
in any furniture, utensil or other article or worked or
sewn into any wearing apparel.
Rural Agricultural land which is not situated in the jurisdiction of a

Agricultural municipality or cantonment board having a population of ≥ 10,000
Land or within a distance of:
(a) 2 kms. from the local limits of a municipality or a cantonment
board having population of > 10,000 but ≤ 1,00,000; or
(b) 6 kms. from the local limits of a municipality or a cantonment
board having population of > 100,000 but ≤ 10,00,000; or
(c) 8 kms. from the local limits of a municipality or a cantonment
board having population of > 10,00,000.
Note:
(1) The above mentioned limits of 2 kms. or 6 kms. or 8 kms.
has to be measured aerially (i.e. as per bird’s eye view) &
not in any other way.
(2) Explanation to section 2(1A) clarifies that capital gains
arising from transfer of any agricultural land situated
in any non-rural area (as discussed above) shall not
constitute agricultural income within the meaning of
section 2(1A).
In other words, the capital gains arising from the transfer
of such urban agricultural land would not be treated as
agricultural income for the purpose of exemption u/s 10(1).
Therefore, the agricultural land situated in any non-rural
area (i.e. urban area) shall be treated as a capital asset
and capital gains would arise on transfer of such land.
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Gold Bonds - 61/2 % Gold Bonds, 1977; or

- 7% Gold Bonds, 1980; or
- National Defence Gold Bonds, 1980 issued by the Central
Government.
Special Bearer Special Bearer Bonds, 1991 issued by the Central Government.
Bonds
Gold Deposit - Gold Deposit Bonds issued under Gold Deposit Scheme, 1999;
Bonds & or
Certificates - Deposit Certificates issued under the Gold Monetisation Scheme,
2015 notified by the Central Government.
Note:
Sovereign Gold Bonds (SGBs) issued by the RBI under the
Sovereign Gold Bond Scheme, 2015 is treated as capital asset.
Hence, capital gain would arise on transfer of such Sovereign
Gold Bonds (SGBs). However, transfer of Sovereign Gold Bonds
(SGBs) by way of redemption is exempt as per section 47(viic).
The above discussion can be summarised as follows:

Note:
There are two types of capital assets based on the period of holding, namely short-
term capital asset (STCA) and long-term capital asset (LTCA).
Further, as per section 2(42B), capital gain arising on transfer of a short-term capital
asset (STCA) is treated as short-term capital gain (STCG) and as per section 2(29B),
capital gain arising on transfer of a long-term capital asset (LTCA) is treated as long-
term capital gain (LTCG).
Short-term Capital Asset (STCA) - [Section 2(42A)]

 Short-term capital asset means a capital asset which is held by the assessee for a
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period of not more than 36 months immediately preceding the date of its transfer.
 However, following capital assets shall be treated as short-term capital assets if
their period of holding is 12 months or less:
(a) Listed Securities other than units (for example, shares, bonds, debentures,
government securities etc.)
(b) Units of Unit Trust of India (UTI)
(c) Units of Equity Oriented Mutual Funds (EOMF)
(d) Zero Coupon Bonds (ZCBs)
 Further, following capital assets shall be treated as short-term capital assets if
their period of holding is 24 months or less:
(a) Unlisted Shares (Inserted by Finance Act, 2016); and
(b) Any immovable property, being land or building or both (Inserted by Finance Act,
2017)
Long-term Capital Asset (LTCA) - [Section 2(29AA)]

A long-term capital asset means a capital asset which is not a short-term capital asset.
Therefore, a capital asset held by an assessee for a period of more than 12 months or 24
months or 36 months (as the case may be) immediately preceding the date of its transfer
is treated as a long-term capital asset.
Note:
There is a need to identify the type of capital asset (i.e. STCA or LTCA) and make distinction
between short-term and long-term capital gains because short-term capital gain and
long-term capital gain are charged to tax at different rates.
Also, the rules for set-off of short-term and long-term capital losses are also different.
Period of Holding
Period of holding is the period during which the capital asset remains the property of the
assessee (i.e. the period during which the capital asset is held by the assessee).
Normally, the period of holding starts from the date of acquisition of the capital asset; and
ends on the date immediately preceding to the date of transfer of such capital asset.
Further, in the following specific circumstances, the period of holding may be determined in a
manner provided in explanation 1 to section 2(42A):
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Circumstances Period of holding (POH)

(1) Shares of a company in liquidation. POH of such shares shall exclude period
subsequent to the date of liquidation of
the company.
(2) If the capital asset becomes the POH of such capital asset in the hands
property of the assessee by virtue of of the assessee shall also include the
section 49(1). period for which such capital asset was
held by the previous owner.
(3) Where inventory of business is converted Period from the date of conversion or
into or treated as a capital asset by the treatment as a capital asset shall be
assessee considered
(4) Where any financial asset is allotted POH of such financial asset shall be
without any payment and on the basis reckoned from the date of allotment of
of holding of any other financial asset such financial asset.
(bonus shares)
(5) Where the share or any other security POH of such shares or other security shall
is subscribed on the basis of right to be reckoned from the date of allotment
subscribe to any share or security by of such share or security.
the assessee or by the person in whose
favour such right is renounced by the
assessee (right shares)
(6) Where the right to subscribe to any POH of such right shall be the period
share or security, which is renounced in beginning from the date of offer of such
favour of any other person. right by the company till the date of
renouncement of such right.
(7) Where share(s) in an amalgamated Indian POH of share(s) in the amalgamated
company, becomes the property of an Indian company shall also include the
assessee in lieu of share(s) held in the period for which the share(s) were held
amalgamating company in the course in the amalgamating company by the
of amalgamation. assessee.
(8) Where share(s) in a resulting Indian POH of share(s) in the resulting Indian
company becomes the property of an company shall also include the period
assessee in the course of demerger. for which the share(s) were held in the
demerged company by the assessee.
(9) Where equity share of a company POH of equity shares shall also include
becomes the property of the assessee the period for which the preference
on conversion of preference shares. shares were held by the assessee.
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(10) Where share(s) or debenture(s) of a POH of such share(s) or debenture(s)

company becomes the property of shall also include the period for which
the assessee on conversion of bonds or such bond, debenture, debenture-stock
debentures, debenture-stock or deposit or deposit certificate, as the case may
certificates in any form. be, was held by the assessee prior to the
conversion - [Rule 8AA]
(11) Where any specified security or sweat POH shall be reckoned from the date of
equity shares allotted or transferred, allotment or transfer of such specified
directly or indirectly, by an employer security or sweat equity shares.
free of cost or at concessional rate to
his employees.
As discussed earlier, capital gain arises only when there is a transfer of capital asset. If
the capital asset is not transferred or if there is any transaction which is not regarded as
a transfer, there will not be any capital gain. Hence, it is important to know the meaning
of the term ‘transfer’.
Transfer - [Section 2(47)]

The term ‘transfer’ ordinarily means;
- change or transfer of ownership or possession of any property/asset;
- for a consideration;
- by one person to another.
However, as per section 2(47); the term ‘transfer’ is defined to include:

(a) Sale, Exchange or Relinquishment of a capital asset.
- Sale:
Sale is a transfer of ownership in exchange for a price paid or promised or
part-paid and part-promised.
- Exchange:
In case of sale, the consideration for transfer is necessarily money, while in
case of exchange, the consideration is another asset. Where two persons
mutually transfers the ownership of one thing for the ownership of another, it
results in exchange.
Like sale, exchange also requires two persons. There cannot be exchange
with oneself. Hence, it is a bilateral transaction involving two parties each of
whom owns an asset which constitute the subject matter of exchange.
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Person liable to be assessed in case of exchange:

In this case, though there is only one transaction of exchange,
the tax liability may arise on both the persons involved in the
transaction of exchange.
Further, one of them may be liable to short-term capital gain tax
and the other to long-term capital gain tax.
- Relinquishment:
Relinquishment means withdrawn from, abandoning or giving up anything.
By relinquishment the owner ceases to own the asset concerned through
some act on his part. In other words, the owner withdraws himself from the
property and abandons his rights thereto. The property, however, continues to
exist and becomes the property of someone else.
(b) Extinguishment of Right in the capital asset.
Extinguishment implies total destruction, annihilation, termination or extinction of
a capital asset. But, destruction or extinction of a capital asset is not regarded as
transfer except in case of section 45(1A).
In fact, there should be a destruction or extinction of ‘rights’ in the capital asset as
it may be noticed that in respect of the expression ‘relinquishment or exchange’, the
subject matter of transfer is an ‘asset’ and in case of ‘extinguishment’ it is ‘rights’.
(c) Compulsory Acquisition of the capital asset under any law.
It is treated as transfer even though the assessee was not willing to transfer the
asset.
(d) Conversion of capital asset into stock-in-trade.
Normally there can be no transfer if the ownership in an asset remains with the
same person. However, as per the provisions of section 2(47), transfer takes place
where the capital asset is converted by the owner thereof into, or is treated by him
as stock-in-trade of a business carried on by him, even though the asset concerned
does not change the ownership and is still with the assessee.
(e) Maturity or Redemption of a Zero Coupon Bond (ZCB).
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(f) Any transaction involving the allowing of the possession of any immovable property to be
taken or retained in part performance of a contract of the nature referred to in section
53A of the Transfer of Property Act, 1882.
Normally, transfer of an immovable property is completed when the conveyance
deed is executed and registered in the name of the transferee.
However, as per section 53A of the Transfer of Property Act, 1882 a situation may
arise where under a contract for transfer of an immovable property, the purchaser
has paid the price and has taken the possession of the property, but the conveyance
is either not executed or if it is executed then, it is not registered.
In such case the transferor completely detaches himself from the property
transferred and he is debarred from agitating his title to the property against the
purchaser.
This would cover the cases where:
- possession of the property is has been handed over to the buyer;
- sale consideration has been paid to the seller;
- although the sale deed has not been executed in the favour of the buyer,
certain other documents like power of attorney or agreement to sell or will
etc. have been executed.
In such cases, the buyer will be deemed to be the owner of the property. And
this act of giving possession of the immovable property in part performance of
the contract is treated as ‘transfer’ as per the provisions of section 2(47) for the
purpose of capital gains tax.
(g) Any transaction which has the effect of transferring, or enabling the enjoyment of any
immovable property (whether by way of becoming a member of, or acquiring shares in
a co-operative society, company or other association of persons (AOP) or by way of any
arrangement or in any other manner whatsoever).
A person may become member of any co-operative society, company or other
association of person (AOP) building flats/houses.
When he pays an agreed amount, the society etc. hands over possession of the
house to the person concerned. In such cases, no conveyance is registered in the
name of the member. However, for the purpose of Income Tax Act, 1961, the above
transaction is a transfer.
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Flats in a co-operative society are generally registered in the name of the co-
operative society. The members of the co-operative society in this case are deemed
owners, although the legal owner still continues to be the co-operative society.
Therefore, the definition of transfer states that if a deemed owner transfers the
right to use & enjoy the flat by changing the membership of the co-operative
society through a change in shareholding, it will be treated as a transfer, subject
to tax under the head capital gains.
Examples of transfer:
(1) Sale of property through auction or temporary transfer of the capital asset.
(2) Redemption of preference shares by a company amounts to transfer in the hands
of the shareholders and it would attract capital gains in the hands of such
shareholders - [Anarkali Sarabhai v/s CIT (SC)].
When preference shares are redeemed by the company, what the shareholder
does in effect is, sell the shares to the company. On redemption, the
shareholders have to abandon or surrender their rights in the shares in order
to get the money in lieu thereof. Thus, there is a relinquishment which amounts
to transfer resulting into capital gains.
(3) Distribution of capital asset in case of liquidation of a company is not a
transfer in the hands of the company but it is treated as a transfer in the
hands of the shareholders - [Section 46].
(4) Slump Sale of a business undertaking or division - [Section 50B].
Exempt Transfers - [Section 47]

Following transactions are not regarded as taxable transfers, hence in all the following
cases, no capital gain would arise in the hands of the transferor:
(1) Transfer of a capital asset, by HUF to its members on partition - [Section 47(i)]
(2) Transfer of a capital asset, by way of gift or will or inheritance or irrevocable
trust - [Section 47(iii)]
Note:
However, any transfer by way of gift or irrevocable trust of a capital asset
being shares, debentures or warrants allotted by a company directly or
indirectly to its employees under any employee stock option plan or scheme
shall not be treated as exempt transfer.
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(3) Transfer of a capital asset, by a holding company to its wholly owned Indian
subsidiary company - [Section 47(iv)]
(4) Transfer of a capital asset, by a wholly owned subsidiary company to its Indian
holding company - [Section 47(v)]
Note (for point no. 4 & 5 above):
No exemption would be available, if the capital asset is transferred as stock-in-trade.
Hence, in such case, the transfer shall be taxable & would attract capital gains in the
hands of the transferor company.
(5) Transfer of capital assets, by an amalgamating company to the amalgamated
Indian company, in a scheme of amalgamation - [Section 47(vi)]
(6) Transfer of capital assets, by a demerged company to the resulting Indian
company, in a scheme of demerger - [Section 47(vib)]
(7) Transfer or issue of share(s) by the resulting Indian company, in a scheme of
demerger, to the shareholders of the demerged company - [Section 47(vid)]
(8) Transfer in a scheme of amalgamation, of share(s) by a shareholder, held
by him in the amalgamating company, in consideration of the allotment of
share(s) in an Indian amalgamated company - [Section 47(vii)]
(9) Transfer of Rupee Denominated Bonds (RDBs) of an Indian company, effected
outside India, by a non-resident to another non-resident - [Section 47(viiaa)]
(11) Transfer by way of redemption, by an assessee being an Individual, of Sovereign

Gold Bonds (SGBs) issued by the RBI under the Sovereign Gold Bond Scheme,
2015 - [Section 47(viic)]
Note:
Sovereign Gold Bonds Scheme, 2015 has been introduced by the Government
of India to reduce the demand for physical gold and consequently, reduce
the foreign exchange outflow due to import of gold. The two-fold benefit of
this scheme are as follows:
- The gold bond would serve as a substitute for physical gold; and
- The gold bond would provide security to the individual investor investing
in gold for meeting their social obligation.
Salient features of SGBs are as follows:
- The assessee can buy Sovereign Gold Bonds (SGBs) from authorised
banks and post offices after completing the KYC documentation.
- The value of one bond will represent the price of gold per gram. The
assessee can invest a minimum amount equal to one gram of gold and
a maximum amount equal to 500 grams of gold.
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- Further, SGBs can be converted into demat form. They will be listed
on exchanges, which means that the assessee could sell them in the
secondary market if he requires the money before maturity. The assessee
can also take a loan against these bonds.
Tax implications of SGBs:

- The SGBs carry interest as well which would be taxable in the hands of
the assessee as his income from ‘Other Sources’.
- Transfer of SGBs by an individual assessee by way of redemption is
exempt u/s 47(viic). However, if the SGBs are transferred before their
maturity or in case such SGBs are transferred by an assessee other than
an individual assessee, then, such transfer of SGBs shall attract capital
gains.
However, as per the fourth proviso to Section 48, benefit of indexation shall
be available while computing on long term capital gains on transfer of
SGBs.
(12) Transfer of any capital asset being work of art, archeological, scientific or art
collection, book, manuscript, painting, photograph or print, to the Government
or University or National Museum, National Art Gallery, National Archives or
any notified public museum or institution - [Section 47(ix)]
(13) Any transfer by way of conversion of bonds or debentures, debenture-stock,
or deposit certificates in any form, of a company into shares or debentures of
that company - [Section 47(x)]
(14) Any transfer by way of conversion of preference shares of a company into
equity shares of that company - [Section 47(xb)]
(15) Any transfer of capital asset in a transaction of reverse mortgage under a
scheme made and notified by the Central Government - [Section 47(xvi)]
Note:
Reverse Mortgage Scheme (RMS):
- The RMS is for the benefit of senior citizens, who own a residential house
property (RHP). In order to supplement their existing income, they can
mortgage their RHP with a scheduled bank or a housing finance company,
in return for a lumpsum amount or for a regular monthly/quarterly/annual
income.
327
Exemption of income received in a transaction of reverse mortgage:

Section 10(43), provides that the amount received by the senior citizen
as a loan, either in lump sum or in installments, in a transaction of
reverse mortgage would be exempt from income-tax.
The loan amount can be used for renovation and extension of residential
property, family’s medical and emergency expenditure etc. amongst
others. However, he cannot use the amount for speculative or trading
purposes.
- The senior citizens can continue to live in the house and receive regular
income, without any botheration of having to pay back the loan.
- The loan will be given up to, say, 60% of the value of residential house
property mortgaged.
- Also, the bank/housing finance company would undertake a revaluation
of the property once every 5 years.
- The RMS, now includes within its scope, disbursement of loan by an
approved lending institution, in part or in full, to the annuity sourcing
institution (i.e. LIC of India or any other insurer registered with the IRDA),
for the purposes of periodic payments by way of annuity to the reverse
mortgagor. This would be an additional mode of disbursement i.e. in
addition to direct disbursements by the approved lending institution
to the Reverse Mortgagor by way of periodic payments or lump sum
payment in one or more tranches.
- Maximum Period of Reverse Mortgage Loan:
Mode of disbursement Maximum period of loan

(a) Where the loan is disbursed 20 years from the date of signing
directly to the Reverse Mortgagor the agreement by the reverse
mortgagor and the approved
lending institution.
(b) Where the loan is disbursed, in The residual life time of the
part or in full, to the annuity borrower.
sourcing institution for the
purposes of periodic payments
by way of annuity to the Reverse
mortgagor
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- The bank will recover the loan along with the accumulated interest by
selling the house after the death of the borrower.
The excess amount will be given to the legal heirs. However, before
resorting to sale of the house, preference will be given to the legal
heirs to repay the loan and interest and get the mortgaged property
released.
- Therefore, section 47(xvi) clarifies that any transfer of a capital asset in
a transaction of reverse mortgage under a scheme made and notified by
the Central Government would not amount to a transfer for the purpose
of capital gains.
Note:
Capital gains tax liability would be attracted only at the stage of
alienation of the mortgaged property by the bank or housing finance
company for the purposes of recovering the loan.
Year of Taxability of Capital Gain

Normally, capital gain arises in the previous year in which the transfer of the capital asset takes
place even if the consideration for the transfer is received or realised later on in any subsequent
year.
Note:
In the following exceptional cases, capital gain would be charged to tax in the previous year
other than the previous year in which the transfer took place:
(1) Profit or gain arising on receipt of insurance claim on damage or destruction of a
capital asset - [Section 45(1A)]
(2) Profit or gain arising on conversion of a capital asset into stock-in-trade of the
business of the assessee - [Section 45(2)]
(3) Profit or gain arising on receipt of compensation or enhanced compensation on
compulsory acquisition of the capital asset under any law - [Section 45(5)]
(4) Profit or gain arising on transfer of land or building or both under a specified
agreement - [Section 45(5A)]
Computation of Capital Gains - [Section 48]

We have already discussed that, capital gains are of two types:
- Short-term capital gain which arises on transfer of transfer of short-term capital asset; and
- Long-term capital gain which arises on transfer of transfer of long-term capital asset.
329
As per the provisions of section 48, short-term capital gain is the excess of full value of consideration
over the aggregate of expenses on transfer, cost of acquisition; and cost of improvement.
Whereas, long-term capital gain is the excess of full value of consideration over the aggregate of
expenses on transfer, indexed cost of acquisition; and indexed cost of improvement.
Further, from capital gains, computed as above, certain exemptions are available u/s 54 to 54GB.
The capital gain after claiming the said exemption(s) is known as taxable short-term capital gain
(Taxable STCG) or taxable long-term capital gain (Taxable LTCG).
The manner of computing such long-term and short-term capital gains is given as under:
Computation of Short-term Capital Gains (STCG)

Particulars Amount (Rs.)
Full Value of Consideration (FVC) xx
Less: Expenses on Transfer (xx)
Net Consideration (NC) xx
Less: Cost of Acquisition (COA) (xx)
Less: Cost of Improvement (COI) (xx)
Gross short-term capital gain xx
Less: Exemption u/s 54B/54D (xx)
Taxable STCG xx
Computation of Long-term Capital Gains (LTCG)
Particulars Amount (Rs.)
Full Value of Consideration (FVC) xx
Less: Expenses on Transfer (xx)
Net Consideration (NC) xx
Less: Indexed Cost of Acquisition (ICOA) (xx)
Less: Indexed Cost of Improvement (ICOI) (xx)
Gross long-term capital gain xx
Less: Exemption u/s 54/54B/54D/54EC/54EE/54F (xx)
Taxable LTCG xx
Note:
As per the fifth proviso to Section 48, no deduction shall be allowed in respect of securities
transaction tax (STT) leviable on purchase or sale of equity shares and units of equity-
oriented funds in computation of capital gains.
In other words, such STT shall not form part of the actual cost in case it is incurred at
the time of purchase of equity shares and units of equity-oriented funds. Also, it shall
not be allowed as transfer expense in case it is incurred at the time of sale of equity
shares and units of equity-oriented funds.
330
Full Value of Consideration (FVC)

Full value of consideration (FVC) is what the transferor receives or is entitled to receive
as a consideration for transfer of the capital asset. The expression ‘full value’ means the
whole price without any deduction whatsoever, whether received or receivable by the
assessee in cash or in kind.
In other words, it is the whole amount of consideration received or receivable by the
transferor in cash or in kind, in return of the capital asset transferred by him.
Note:
(1) Consideration received in instalments:
Even if the full value of consideration agreed upon is received in instalments in different
years, the entire value of consideration has to be taken into account for computing the
amount of capital gains which becomes taxable in the year of transfer.
(2) Consideration received in kind (i.e. in case of exchange):

In case of exchange, the full value of consideration shall be the fair market value (FMV)
of the asset received in exchange.
(3) Deemed full value of consideration:

In certain special circumstances, instead of actual consideration, a notional value may be
adopted as full value of consideration (FVC) for the purpose of computing capital gains.
Such cases are discussed as below:
Section Situation Deemed FVC

45(1A) Damage or destruction of any capital Value of money and/or FMV of the
asset. asset as on the date of receipt.
45(2) Conversion of capital asset into or FMV of the asset as on the date of
treatment thereof as stock-in-trade. conversion or treatment.
45(3) Introduction of any capital asset Amount recorded in the books of
by a partner/member into firm/ accounts of the firm/AOP/BOI for
AOP/BOI as capital contribution (i.e. such asset OR Amount Credited in
introduction of capital in kind by the Capital A/c of such partner or
partner/member in firm/AOP/BOI). member in the books of A/cs of the
firm/AOP/BOI for bringing in such
asset.
331
45(4) Distribution of capital asset by a firm/ FMV as on the date of distribution.

AOP/BOI on dissolution to partners/
members.
45(5) Compulsory Acquisition of a capital Amount of Initial Compensation
asset under any law
45(5A) Transfer of land or building or both SDV of the land, building or both (+)
under a Specified Agreement consideration received in cash, if any.
46(2) Shareholder receiving money and Money Value (+) FMV of the asset
assets from the liquidator on received as on the date of distribution
liquidation of the company. (-) Amount assessed as deemed
dividend u/s 2(22)(c).
50C Transfer of land or building or both. Stamp Duty Value (SDV) assessed
or assessable by the stamp
duty valuation authority if the
consideration declared by the
assessee for transfer is less than
such SDV.
However, the provisions of section
50C shall be applicable only if the
difference between the SDV and
consideration is more than 5% of
consideration - (w.e.f. 01-04-2018)
50CA Transfer of capital asset being FMV of such shares as on the date of
unlisted shares of any company. transfer, if consideration declared by
the assessee for transfer is less than
such FMV.
50D Transfer of a capital asset where FMV of the capital asset as on the
consideration is not ascertainable or date of transfer.
cannot be determined.
Fourth Transfer by way of gift or irrevocable FMV of such securities as on the date
Proviso to trust of a capital asset being shares, of such gift or transfer by way of
Section 48 debentures or warrants allotted by irrevocable trust.
a company directly or indirectly to
its employees under any employee
stock option plan or scheme.
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Expenses on Transfer
An expenditure which is incurred wholly & exclusively in connection with the transfer of the
capital asset (whether incurred directly or indirectly), by the transferor is treated as
transfer expense.
In other words, the expenditure which is necessary to effect the transfer of the capital asset
or which is incurred only when the transfer of capital asset is effectuated is to be considered
as transfer expense.
For Example:
Brokerage, Commission, Stamp duty, Registration Charges, Cost of Stamps, Legal
Charges, Advertisement Expenses, etc. incurred by the transferor (assessee) are to be
considered as transfer expenses in order to compute the amount of capital gains in his
hands.
However, if such expenses are incurred by the transferee, then, the same shall be added
to the cost of acquisition of the capital asset in his hands.
Cost of Acquisition (COA)

Price which the assessee has paid or the amount which he has incurred, for the acquisition
of the capital asset. Further, any expense incurred for completing the title to the capital
asset is also a part of the cost of acquisition. In simple words, it is the actual cost of the
capital asset to the transferor incurred at the time when the capital asset was acquired
by him.
Actual Cost = [Acquisition price (+) Expenses related to acquisition] of the capital asset
Note:
(1) Interest on money borrowed for acquiring a capital asset:
Interest on money borrowed for acquiring a capital asset (other than house
property) would form part of cost of acquisition of such capital asset - [CIT v/s
Mithlesh Kumari (Delhi HC)].
However, in case of capital asset being house property, such interest shall not be
considered as a part of the cost of acquisition of the said house property as the
same gets allowed u/s 24(b) while assessing the income from such house property
under the head ‘House Property’.
Interest on the amount borrowed for acquisition of a business asset:
Interest on the amount borrowed for acquisition of a business asset till the time
such asset is not actually put to use, shall be treated as a part of cost of acquisition
of such asset.
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However, any interest on such borrowed amount after the asset is put to use shall
be treated as a revenue expenditure which would be allowed as a deduction under
the head ‘PGBP’ and hence, the same shall not form part of the cost of acquisition
of the said asset.
Interest paid by the firm to its partner on capital contribution:
Any interest paid by the firm to its partner on capital contribution for the purchase
of capital asset cannot be treated as part of cost of acquisition of such asset as the
same is allowed to be deducted under the head ‘PGBP’ in the hands of such firm
subject to the provisions of section 40(b).
(2) Sum paid for discharge of mortgage:

Where the property has been mortgaged by the previous owner during his life time
and the assessee, after inheriting the same, has discharged the mortgage debt,
the amount paid by him for the purpose of clearing-off the mortgage shall be
considered as cost of acquisition (COA) in the hands of the assessee incurred for the
previous year in which the mortgage debt has been discharged - [R.M. Arunachalam
v/s CIT (SC)].
However, mortgage created by the assessee himself and then discharged by him,
shall not be considered to be the cost of acquisition (COA) in the hands of the
assessee as no interest was acquired by him in such property subsequent to the
acquisition of such property - [V.S.M.R. Jagadishchandran (SC)].
Cost of Acquisition as per section 55(2):

Section In case of a capital assets being goodwill of a business/profession; trade
55(2)(a) mark or brand name associated with any business; a right to manufacture,
produce or process any article or thing; right to carry on any business or
profession; tenancy rights; stage carriage permits; loom hours.
If purchased: If self-generated: If acquired through any mode
COA = Actual cost COA = Nil referred u/s 49(1):
COA shall be cost to the
previous owner if the previous
owner paid for it.
However, if it was self-
generated by the previous
owner, then the COA shall be
taken as Nil.
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Note:
(1) Further, the cost of improvement of goodwill of a business or trade mark or brand
name associated with a business or a right to manufacture, produce or process any
article or thing shall always be taken to be Nil.
However, in case of right to carry on any business or profession or tenancy rights
or stage carriage permits or loom hours, cost of improvement is to be considered
on actual basis and shall not be taken as Nil.
(2) Option of taking FMV as on 01-04-2001 is not available in case of assets falling u/s 55(2)
(a).
S e c t i o n (1) Original Shares: - COA shall be higher of:

55(2) - acquired prior to 01-04- (a) Actual cost; or
(aa) 2001 (b) FMV on 01-04-2001
- acquired on or after 01- - COA = Actual Cost
04-2001
(1) Bonus Shares:
- allotted prior to 01-04- - COA = FMV on 01-04-2001
2001 - COA = Nil
- allotted on or after 01-04-
2001
(1) Right to acquire right shares - COA = Nil
(4) Right Shares acquired by the:
- assessee - COA = Actual Cost
- person in whose favour the - COA = Cost of Right Shares (+)
assessee has renounced the Cost of Right
rights entitlement
S e c t i o n (W.e.f. 01-04-2018):
5 5 ( 2 ) Long-term capital assets referred to in section 112A i.e.:
(ac) (a) equity shares in a company on which STT is paid both at the time of
purchase and transfer; or
(b) unit of equity-oriented fund or unit of business trust on which STT is paid
at the time of transfer.
335
Acquired before 01-02-2018: Acquired on or after 01-02-2018:

COA shall be higher of the following: COA = Actual cost
(a) Actual cost of such asset; and
(b) lower of:
(i) FMV as on 31-01-2018;
and
(ii) Consideration received or
accruing as a result of the
transfer
S e c t i o n If any capital asset was acquired prior COA shall be higher of the following:
55(2)(b) to 01-04-2001. (a) Actual cost; or
(b) FMV of the capital asset as on
01-04-2001. In relation to
Capital asset being land or
building or both, the F.M.V. as at
1.4.01 cannot exceed stamp duty
value as at 1.4.01 if available
on 1.4.01.
Note:
The option u/s 55(2)(b) shall be available even though the assessee acquired the asset
by way of any mode specified u/s 49(1), and the previous owner acquired such asset
prior to 01-04-2001.
In such case, COA in the hands of the assessee shall be COA of the asset in the hands of
the previous owner or FMV as on 01-04-2001, whichever is higher.
If the capital asset was acquired on or after 1st April, 2001, its actual cost shall be
taken as the cost of acquisition.
S e c t i o n Where the capital asset became FMV of the asset as on the date of
55(2)(b) the property of the assessee on the distribution.
distribution of the capital assets of
a company on its liquidation and the
assessee has been assessed to tax u/s
46.
S e c t i o n Where the cost for which the previous FMV on the date on which the capital
55(3) owner acquired the property cannot asset became the property of the
be ascertained. previous owner.
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Deemed Cost of Acquisition:

In certain special circumstances, instead of actual cost of acquisition, a notional value
may be adopted as COA for the purpose of computing capital gains. Such cases are
discussed as below:
Section Situation Deemed COA
49(1) Where the capital asset became the Cost for which the previous owner of
property of the assessee: the property acquired it, as increased
- on the distribution of the assets on by the cost of any improvement of
total or partial partition of a HUF; the assets incurred or borne by the
- under a gift or will; previous owner.
- by way of succession, inheritance
or devolution;
- on any distribution of assets on
the liquidation of a company;
- under a transfer to a revocable
or irrevocable trust;
- under a transfer as referred to in
clause (iv) or (v) or (vi) or (vib) of
section 47;
- by a mode referred to in section
64(2) i.e. on conversion of self-
acquired property of a member
of any HUF to the joint family
property.
Note:
(a) If the property which is acquired by the assessee by way of any transactions referred
as above in section 49(1), then:
- COA to the previous owner shall be taken to be COA in the hands of the
assessee. There is no other option in this regard.
- Any COI incurred by the previous owner shall be also considered by the
assessee, provided the same is incurred on or after 01-04-2001.
- The benefit of indexation on COA is normally granted with effect from the
date on which the assessee held the capital asset for the first time.
However, the benefit of indexation on COA in cases covered u/s 49(1) may also
be granted with effect from the date on which the capital asset was first held
by the previous owner.
337
This stand is taken on the basis of the decision of the Hon’ble Bombay High Court
in case of CIT v/s Manjulaben J. Shah wherein it was held that the assessee
(current owner) is deemed to have held the capital asset from the date on
which such capital asset was held by the previous owner.
Accordingly, the benefit of indexation in such case, shall be granted with
effect from the date on which the previous owner first became the owner of
such capital asset.
- As per the explanation to section 49(1), the term ‘previous owner’ in relation
to any capital asset owned by an assessee means the last previous owner of
the capital asset who acquired it by any mode other than the modes specified
u/s 49(1).
49(2) Where the capital asset, being COA of the share(s) in the
share(s) in an amalgamated Indian amalgamating company.
company which became the property
of the assessee in consideration of a
transfer referred to in section 47(vii).
49(2A) Where the capital asset, being a That part of the cost of debenture,
share or debenture of a company, debenture-stock, bond or deposit
became the property of the assessee certificate, on conversion of which,
on conversion of debenture, such share or debenture is acquired
debenture-stock, bond or deposit by the assessee.
certificate.
49(2AA) Capital asset being specified security FMV which has been taken into
or sweat equity shares referred to in account for the purposes of section
section 17(2)(vi). 17(2)(vi) under the head ‘Salaries’.
49(2AE) Where the capital asset, being equity That part of the cost of the
share(s) of a company, became preference share(s) on conversion of
the property of the assessee on which such share(s) are acquired by
conversion of preference share(s). the assessee.
49(2C) Where the capital asset, being Refer Note Below
share(s) in the resulting company,
received by a shareholder in a
scheme of demerger.
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Note:
COA of shares in the resulting company as per section 49(2C), shall be:
COA of shares in the demerged (x) Book Value of Net Assets transferred
company (before demerger) to the resulting company
Net Worth of the demerged company (before demerger)
Where,
Book Value of the Net Assets transferred to resulting company = [Book Value of the
Assets transferred (-) Book Value of the Liabilities transferred]
Net Worth of the Demerged Company (prior to demerger) = [Paid up share capital (+)
Free Reserves & Surplus]
49(2D) Capital asset being original share(s) COA of the original shares held by
held by the shareholder in the the shareholder in the demerged
demerged company (after the company as reduced by the amount
demerger has taken place). arrived at u/s 49(2C).
49(2AG) Capital asset being units in the Cost of acquisition of units in same
segregated portfolio proportion as net assets transferred
to the segregated portfolio.
49(2AH) Capital asset being original units Cost of acquisition of original units will
(after segregation) be original cost prior to Segregation
(-) cost Segregated u/s 49(2AG)
49(4) Where the capital gain arises from Value which has been taken into
the transfer of a property, the value account for the purposes of taxability
of which has been subjected to tax u/s u/s 56(2)(x).
56(2)(x) in the hands of the assessee.
49(7) Where the capital gain arises due to Amount which is deemed as FVC
transfer of a capital asset, being share u/s 45(5A) i.e. the SDV of the land,
in the project, in the form of land or building or both as increased by the
building or both, referred to in section consideration received in cash, if any.
45(5A).
49(9) Where the capital gain arises from FMV of the inventory as on the date
the transfer of a capital asset which on such conversion determined in the
was used by the assessee as inventory prescribed manner.
earlier before its conversion into
capital asset.
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50 Capital gains arising on transfer of Value of the Block i.e. Opening WDV
a depreciable asset forming part of of the Block (+) Additions.
block of asset.
50A Capital gains arising on transfer of WDV as adjusted i.e. actual cost at
a depreciable assets of electricity which such asset was acquired by
companies. such undertaking.
50B Capital gains arising on slump sale. Net Worth of the undertaking.
Indexed Cost of Acquisition (ICOA) - [Explanation (iii) to section 48]

The cost of acquisition ascertained as above shall be indexed if the capital asset is a
long-term capital asset, by using the cost inflation index (CII) determined & prescribed
by the Central Government on the basis of certain percentage of consumer price index
considering the rise in prices due to inflation.
Indexed Cost of Acquisition (ICOA) means an amount which bears to the COA the same
proportion as CII for the year in which the asset is transferred bears to the CII for the first
year in which the asset was first held by the assessee or for the year beginning on 01-04-
2001 (whichever is later).
Therefore, the Indexed Cost of Acquisition (ICOA) shall be:
Cost of Acquisition (COA) (×) CII of the year of transfer
CII of the year in which the asset was first held by the assessee OR CII of the P.Y. 2001-
02 (whichever is later)
Note:
(1) If the capital asset is acquired by the assessee by way of any of the modes as
specified u/s 49(1), cost of acquisition of the previous owner is deemed to be the
cost of acquisition in the hands of the assessee which needs to be indexed with
effect from the date on which the assessee first held the capital asset.
However, the Hon’ble Bombay High Court in the case of CIT v/s Manjulaben J. Shah has
held that the assessee (current owner) is deemed to have held the capital asset
from the date on which such capital asset was held by the previous owner.
And accordingly, the benefit of indexation in such case, shall be granted with effect
from the date on which the previous owner first became the owner of such capital
asset.
(2) Benefit of indexation shall not be available in following situations even though the
capital asset transferred is a long-term capital asset:
340
(a) Transfer of bonds or debentures (except capital indexed bonds & sovereign
gold bonds).
(b) Transfer of undertaking or division in a transaction of slump sale.
(c) Transfer of depreciable assets forming part of block of assets.
(d) Transfer of long-term capital assets referred to in section 112A i.e. (a) equity
shares in a company on which STT is paid both at the time of purchase and
transfer; or (b) unit of equity-oriented fund or unit of business trust on which
STT is paid at the time of transfer - (w.e.f. 01-04-2018).

Cost of Improvement (COI)
As per the provisions of section 55(1);
- cost of improvement means; any capital expenditure;
- incurred on or after 01-04-2001;
- by the assessee or the previous owner;
- for the purpose of making any addition or alteration or extension or improvement
etc. to the capital asset; and
- by reason of which the value of capital assets increases.
Note:
(1) Any cost of improvement incurred prior to 01-04-2001, shall not be taken into
consideration while computing capital gains.
(2) Routine expenses of revenue nature on repairs and maintenance do not
constitute cost of improvement.
(3) If the assessee had acquired the property by way of a mode as referred to in
section 49(1), then any cost of improvement incurred by the previous owner
as well as by the assessee (on or after 01-04-2001), shall be taken into
consideration, in order to compute the amount of capital gains in his hands.
(4) Cost of improvement, 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 shall be taken to be Nil. (It makes
no difference, whether such capital assets were acquired for a price or self-
generated).
(5) If any capital expenditure incurred on or after 01-04-2001 is already allowed
as a deduction under any of the provisions of the Income Tax Act, 1961,
then such capital expenditure shall not be allowed once again as cost of
improvement while computing the amount of capital gains.
341
Indexed Cost of Acquisition (ICOA) - [Explanation (iii) to section 48
Cost of Improvement (COI) (×) CII of the year of transfer

CII of the year of in which the improvement was made by the assessee or the
previous owner
Cost Inflation Index notified by Central Government w.e.f. 2001-02 onwards
P.Y. CII P.Y. CII

2001-02 100 2012-13 200
2002-03 105 2013-14 220
2003-04 109 2014-15 240
2004-05 113 2015-16 254
2005-06 117 2016-17 264
2006-07 122 2017-18 272
2007-08 129 2018-19 280
2008-09 137 2019-20 289
2009-10 148 2020 – 21 301
2010-11 167 2021 – 22 317
2011-12 184

Specific Charge
Profits or Gains arising on Receipt of Insurance Claim on Damage or Destruction of a
Capital Asset - [Section 45(1A)]
Where the assessee is in receipt of money or other assets from the insurance company as
insurance claim on account of damaged or destruction of a capital asset as a result of:
(N) : natural calamities like flood, cyclone, earthquake, hurricane or other conversions
of the nature
(R) : riots or civil disturbance
(F) : fire or explosion (accidental)
(E) : enemy attack or an action taken in combating an enemy (with or without
declaration of war)
then, any profits or gains arising from receipt of such money or other assets shall be
chargeable to tax under the head ‘Capital Gains’ and shall be deemed to be the income of
the previous year in which such money or other asset was received and for the purposes
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of computation of the capital gains, value of any money or the fair market value of other
assets on the date of such receipt shall be deemed to be the full value of the consideration
received or accruing as a result of the transfer of such capital asset.
Note:
(1) FVC = Amount of money and/or the FMV of the other assets received as insurance
claim.
(2) Year of transfer = Year in which the capital asset is damaged or destroyed.
(3) Year of taxability of capital gains u/s 45(1A) = Year in which the amount of insurance
claim is received by the assessee.
The year of damage or destruction of the capital asset (i.e. the year of transfer)
and the year of receipt of insurance claim (i.e. the year of chargeability of capital
gains) may or may not be the same.
Hence, in such cases, the profits or gains may be charged to tax in the year different
from the previous year in which the transfer has taken place.
(4) Period of holding of the capital asset = Period from the date of acquisition of the
capital asset till the date of damage or destruction.
Where on the basis of period of holding determined as above, if the capital asset
becomes a long-term capital asset, then, benefit of indexation would be granted
upto the previous year in which the damage or destruction had taken place.
In other words, for the purpose of calculation of indexed cost of acquisition (ICOA),
the COA is to be multiplied by the CII of the year of transfer (i.e. year of damage or
destruction) and divided by the CII of the year of acquisition.
(5) Damage or destruction of the capital asset due to natural calamities, fire, flood,
riots etc. is to be treated as transfer only where the insurance claim is received by
the assessee.
However, if the capital asset is damaged or destroyed and the capital asset was
not insured or the insurance claim was not received due to any reason, then neither
section 45(1A) nor section 45(1) shall be attracted. Damage or destruction in such
cases shall not to be treated as transfer and the cost of such capital asset shall be
treated as a dead loss in the hands of the assessee.
(6) Insurance claim received towards the loss of raw materials or stock-in-trade shall
be taxable as ‘PGBP’ income and provisions of section 45(1A) shall not apply in
such case.
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(7) If the damaged machinery is repaired and re-used, the expenses on repairs are
deductible u/s 31 from the ‘PGBP’ income.
Any insurance claim received by the assessee, to the extent of such expense which
was earlier allowed u/s 31 shall be deemed to be the income chargeable under the
head ‘PGBP’ as per section 41(1).
However, excess amount of insurance claim (if any) remaining after such adjustment
is a capital receipt & in the absence of any specific provision regarding its taxability
under the Income Tax Act, 1961, such capital receipt is not chargeable to tax and
hence, the same needs to be ignored - [Sirpur Paper Mills Ltd. (SC)]
New provisions for U.L.I.P plan u/s 45(1B)

Where any person receives any amount on maturity under Unit Limited Insurance Policy
(U.L.I.P.) which is not exempt u/s 10(10D), then any profit arising would be taxable under
Capital Gains under section 45(1B).
Profits or Gains arising on Conversion of a Capital Asset into Stock-in-trade - [Section

45(2)]
Any profits or gains arising from the transfer by way of conversion by the owner of a
capital asset into, or its treatment by him as stock-in-trade of a business carried on
by him shall be chargeable to income-tax as his income of the previous year in which
such stock-in-trade is sold or otherwise transferred by him and, for the purposes of
computation of the capital gains in the hands of the assessee, the fair market value of
the asset as on the date of such conversion or treatment shall be deemed to be the full
value of the consideration received or accruing as a result of the transfer of the capital
asset.
Note:
(1) FVC = FMV of the converted capital asset as on the date of conversion into or
treatment as stock-in-trade.
(This FMV shall also be also be deemed to be the cost price of the stock-in-trade
for the purpose of computing the amount of ‘PGBP’ income as decided by the
Hon’ble Supreme Court in the case of Bai Shirinbai K. Kooka).
(2) Conversion of the capital asset into, or its treatment by the assessee as stock-in-
trade is a taxable transfer as per section 2(47).
Hence, the Year of transfer = Year of conversion into or treatment as stock-in-
trade.
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(3) Year of taxability of capital gains u/s 45(2) = Year in which the stock-in-trade is
sold.
(In the year of sale of stock-in-trade along with ‘PGBP’ income capital gains u/s
45(2) shall also be charged to tax).
Further, the year of conversion into or treatment of capital asset into stock-in-
trade (i.e. the year of transfer) and the year of sale of such stock-in-trade (i.e. the
year of chargeability of capital gains) may or may not be the same. Hence, in such
cases, the profits or gains may be charged to tax in the year different from the
previous year in which the transfer has taken place.
capital asset till the date of conversion into or treatment as stock-in-trade.
upto the previous year in which the capital asset is so converted into or treated as
stock-in-trade.
the COA is to be multiplied by the CII of the year of transfer (i.e. year of conversion
into or treatment as stock-in-trade) and divided by the CII of the year of acquisition.
(5) If the stock-in-trade is acquired by the assessee, otherwise than by way of purchase
(for example gift), then the COA of such stock in trade shall be the FMV on the date
when such stock-in-trade was acquired (i.e. FMV as on the date of gift).
Profits or Gains arising on transfer of a Capital Asset by a Partner/Member to the Firm/

AOP/BOI as Capital Contribution or Otherwise - [Section 45(3)]
The profits or gains arising from the transfer of a capital asset by a person to a firm or
AOP or BOI (not being a company or a co-operative society) in which he is or becomes
a partner or member, by way of capital contribution or otherwise, shall be chargeable
to tax as his income of the previous year in which such transfer takes place and, for the
purposes of computation of capital gains, the amount recorded in the books of account of
the firm or AOP or BOI as the value of the capital asset shall be deemed to be the full value
of the consideration received or accruing as a result of the transfer of the capital asset.
Note:
(1) FVC = Amount recorded in the books of accounts of the firm or AOP or BOI as the
value of such asset.
(2) Year of transfer = Year in which the capital asset is transferred by the partner or
member to the firm or AOP or BOI.
345
(3) Year of taxability of capital gains u/s 45(3) = Year in which the capital asset is
transferred by the partner or member to the firm or AOP or BOI.
capital asset till the date of transfer by the partner or member to the firm or AOP
or BOI.
upto the previous year in which the capital asset is transferred by the partner or
member to the firm or AOP or BOI.
the COA is to be multiplied by the CII of the year of transfer (i.e. year of transfer
by the partner or member to the firm or AOP or BOI) and divided by the CII of the
year of acquisition.
(5) The above rules are not applicable in case where the capital asset is transferred by
a member to a company or a co-operative society.
Profits or Gains arising on transfer of a Capital Asset by way of Distribution on the

Dissolution of a Firm/AOP/BOI - [Section 45(4)]
The profits or gains arising from the transfer of a capital asset by way of distribution
of capital assets on the dissolution of a firm or AOP or BOI (not being a company or a
co-operative society) or otherwise, shall be chargeable to tax as the income of the firm
or AOP or BOI, of the previous year in which the said transfer takes place and, for the
purposes of computation of capital gains, the fair market value of the asset as on the
date of such transfer shall be deemed to be the full value of the consideration received
or accruing as a result of the transfer.
Note:
(1) FVC = Fair market value (FMV) as on the date of such transfer (i.e. as on the date
of distribution by the firm or AOP or BOI to the partner or member).
(2) Year of transfer = Year in which the capital asset is transferred by the firm or AOP
or BOI to the partner or member.
(3) Year of taxability of capital gains u/s 45(4) = Year in which the capital asset is
transferred by the firm or AOP or BOI to the partner or member.
capital asset till the date of transfer by the firm or AOP or BOI to the partner or
member.
346
upto the previous year in which the capital asset is transferred by the firm or AOP
or BOI to the partner or member.
the COA is to be multiplied by the CII of the year of transfer (i.e. year of transfer by
the firm or AOP or BOI to the partner or member) and divided by the CII of the year
of acquisition.
Further, if any depreciable capital asset is distributed by the firm or AOP or BOI to
its partner or member, then there will always be short-term capital gains in the
hands of the firm or AOP or BOI, which shall be computed by keeping in view the
provisions of section 50. And in such case the period of holding of the assets so
distributed shall be ignored.
(5) Although, for the purpose of computation of the capital gains in the hands of the
firm or AOP or BOI, the FMV as on the date of distribution is deemed to be the FVC,
however, the cost of acquisition in the hands of the partner or member of asset
received on such distribution shall be the agreed value or the settlement value.
Period of holding of the asset received by the partner on dissolution of the firm
has to be reckoned from the date of dissolution of the firm, in the hands of such
partner. [P. Menon v/s CIT (Kerala High Court)]
(6) The above rules are not applicable in case where the capital asset is transferred by
a company or a co-operative society to its member(s).
(7) In relation to a “partnership firm” or an “AOP” or “BOI” (not being a company or a
co-operative society), when such organisation gives any capital asset or stock in
trade or both to its partner or member, upon dissolution or reconstitution of the
organisation, the organisation will be brought to tax towards capital gains and for
that purpose the fair market value on the date it is received by partner/ member
shall be taken into consideration in the hands of the organisation.
Profits or Gains arising on Compulsory Acquisition of a Capital Asset under any Law -
[Section 45(5)]
Where the capital gain arises from the transfer of a capital asset, being:
- a transfer by way of compulsory acquisition under any law; or
- a transfer, the consideration for which was determined or approved by the Central
Government or the Reserve Bank of India;
and the compensation or the consideration for such transfer is enhanced or further
347
enhanced by any court, tribunal or other authority, the capital gain shall be dealt with in
the following manner, namely:
(a) the capital gain computed with reference to the compensation awarded in the
first instance or, as the case may be, the consideration determined or approved in
the first instance by the Central Government or the Reserve Bank of India shall be
chargeable as income under the head ‘Capital Gains’ of the previous year in which
such compensation or part thereof, or such consideration or part thereof, was first
received; and
(b) the amount by which the compensation or consideration is enhanced or further

enhanced by the court, tribunal or other authority shall be deemed to be income
chargeable under the head ‘Capital Gains’ of the previous year in which such amount
is received by the assessee.
Provided that any amount of compensation received in pursuance of an interim order
of a court, tribunal or other authority shall be deemed to be income chargeable
under the head ‘Capital Gains’ of the previous year in which the final order of such
court, tribunal or other authority is made;
(c) where in the assessment for any year, the capital gain arising from the transfer of a
capital asset is computed by taking the compensation or consideration referred to in
clause (a) or, as the case may be, enhanced compensation or consideration referred
to in clause (b), and subsequently such compensation or consideration is reduced by
any court, tribunal or other authority, such assessed capital gain of that year shall
be recomputed by taking the compensation or consideration as so reduced by such
court, tribunal or other authority to be the full value of the consideration.
Explanation to section 45(5) states that, for the purposes of section 45(5):
(i) in relation to the amount referred to in clause (b), the cost of acquisition and the cost
of improvement shall be taken to be NIL;
(ii) where by reason of the death of the person who made the transfer, or for any other
reason, the enhanced compensation or consideration is received by any other person,
the amount referred to in clause (b) shall be deemed to be the income, chargeable
to tax under the head ‘Capital Gains’, of such other person.
348
Note:
(1) FVC = Amount of initial compensation awarded on compulsory acquisition of the
capital asset.
(2) Compulsory acquisition of the capital asset under any law is a taxable transfer as
per section 2(47). Hence, the Year of transfer = Year of compulsory acquisition.
(3) Year of taxability of capital gains u/s 45(5) = Year in which the amount of initial
compensation or any part thereof is received by the assessee.
Further, the year of compulsory acquisition (i.e. the year of transfer) and the year of
receipt of initial compensation (i.e. the year of chargeability of capital gains) may or
may not be the same. Hence, in such cases, the profits or gains may be charged to
tax in the year different from the previous year in which the transfer has taken place.
capital asset till the date of compulsory acquisition.
upto the previous year in which the capital asset is compulsorily acquired.
the COA is to be multiplied by the CII of the year of transfer (i.e. year of compulsory
acquisition) and divided by the CII of the year of acquisition.
(5) If the assessee is not satisfied with the amount of initial compensation awarded to
him, he can make an appeal to a competent court or tribunal or other authority in
this regard so as to get the amount of initial compensation increased. In such case
the court or tribunal or other authority may order for an enhanced compensation.
The difference between the enhanced compensation and the initial compensation
i.e. additional compensation shall be chargeable to tax in the previous year in which
it is received but after allowing for a deduction w.r.t. litigation (legal) expenses
incurred wholly & exclusively in this regard. However, COA & COI shall be taken to
be NIL while computing the amount of capital gains in this case (i.e. no deduction
for COA & COI shall be granted out of such additional compensation).
Further, the nature of capital gains in this case would be same as calculated earlier
on receipt of initial compensation (for example, if the capital gains calculated earlier
was LTCG, then on receipt of additional compensation, the resulting capital gains
would also be considered to be LTCG).
However, if the additional compensation received as a result of interim order of
the court or tribunal or other authority then, the same shall be deemed to be the
income chargeable to tax under the head capital gains for the year in which the final
349
order of such court or tribunal or other authority is received and not of the previous
year in which the same was received.
(6) If the amount of initial compensation or the enhanced compensation is further
reduced by any court or tribunal or other authority, then the original capital gains
computed earlier on the basis of initial compensation or enhanced compensation
shall be recomputed and taxed accordingly.
(7) Exemption u/s 10(37):
The whole of the capital gains (STCG as well as LTCG) shall be exempt from tax if all the
following conditions are satisfied:
- the tax payer is an individual or HUF;
- he/it owns a capital asset being urban agricultural land;
- such urban agricultural land is compulsorily acquired and the consideration
(compensation) is determined or approved by the Central Government or the Reserve
Bank of India;
- such urban agricultural land was used during the immediately preceding 2 years
for agricultural purposes by the assessee and/or his parents; and
- consideration (i.e. compensation) on such compulsory acquisition is received on
or after 01-04-2004.
Profits or Gains arising in case of Re-development Projects - [Section 45(5A)]

 The definition of 'transfer' u/s 2(47), inter alia, includes any arrangement or
transaction where any rights are handed over in execution of part performance of
contract, even though the legal title has not been transferred.
Applying the definition of transfer, under certain development agreements, the
transfer took place in the year in which the owner of the immovable property, being
land or building or both, handed over the immovable property to the developer.
Consequently, the capital gains tax liability in the hands of the owner would arise
in the year in which the possession of immovable property is handed over to the
developer for development of a project, in spite of the fact that the consideration
thereof (i.e. the actual constructed property) will be received only after a couple of
years.
 With a view to minimise the genuine hardship which the owner of such immovable
property may face in paying capital gains tax in the year of transfer, a sub-section
(5A) in section 45 has been inserted to provide that:
- in case of an assessee, being an individual or a HUF;
- who enters into a specified agreement for development of a project;
350
- the capital gain arising from such transfer shall be chargeable to tax as income
of the previous year in which the certificate of completion for the whole or part of the
project is issued by the competent authority.
 Deemed FVC:
For the purposes of computing capital gain u/s 45(5A), the SDV of his share, being land
or building or both in the project on the date of issuing of said certificate of completion as
increased by the consideration received in cash, if any, shall be deemed to be the full value
of the consideration received or accruing as a result of the transfer of the capital
asset.
 Non-applicability of section 45(5A):

The provisions of section 45(5A) shall not apply where the assessee transfers his
share in the project on or before the date of issue of said certificate of completion
and the capital gains shall be deemed to be the income of the previous year in which
such transfer takes place and the provisions of this Act, other than the provisions
of this sub-section, shall apply for the purpose of determination of full value of
consideration received or accruing as a result of such transfer.
Note:
"Specified Agreement" means a registered agreement in which a person owning
land or building or both, agrees to allow another person to develop a real estate
project on such land or building or both, in consideration of a share, being land or
building or both in such project, whether with or without payment of part of the
consideration in cash.
Taxability of capital gains in case of Specified Agreement: At a Glance

Individual/HUF entering
into specified agreement for
development of project

↓
Is the Individual/HUF Is the Individual/HUF
transferring his share in the NO transferring his share in the
project after the date of issue project on or before the date of
of completion certificate? issue of completion certificate?
351

YES YES
Capital gains tax liability would Capital gains tax liability would
arise in the previous year in arise in the previous year in
which certificate of completion which the property is handed
for whole or part of the project over to the developer.
is issued by the competent
authority
FVC u/s 45(5A) = SDV as on the FVC u/s 50C = SDV as on the
date of issue of certificate of date of handing over the
completion (+) cash consideration share or the amount of actual
consideration, whichever is
The FVC considered u/s 45(5A) higher.
shall be deemed to be the COA However, provisions of section
for determining the capital gains 50C shall not apply if the
on subsequent sale of share of difference between such SDV &
developed property - [Section consideration does not exceed
49(7)] 5% of consideration (Finance

Act’ 2018 Amendment)

Special Aspects
Capital Gain on transfer of Depreciable Assets forming part of Block of Assets -

[Section 50]
When whole block is transferred When whole block is not transferred

(i.e. block ceases to exist) (i.e. block does not cease to exist

NC < (WDV + Additions) NC > (WDV + Additions) NC < (WDV + Additions)
↓ ↓ ↓
Difference is short-term Difference is short-term Difference eligible for
capital loss (STCL) capital gains (STCG) claim of depreciation
352
Where,
NC = Net Consideration i.e. Full Value of Consideration (FVC) (-) Expenses on transfer
WDV = Written down value (WDV) of the whole block as on the first day of the previous
year (i.e. opening WDV of the block of assets).
Additions = Actual cost of the assets in the block acquired/added during the previous year.
Note:
(1) Capital gain arising in all the above cases shall be deemed to be arising out of the
transfer of short-term capital assets.
Hence, such capital gain would always be short-term capital gain irrespective of
the period of holding of the depreciable capital asset.
(2) Further, the benefit of indexation shall not be available in case of transfer of
depreciable capital assets forming part of the block of assets.
Cost of Acquisition in case of Depreciable Assets of Electricity Companies - [Section 50A]

With respect to the power sector;
- in case of depreciable assets referred to in section 32(1)(i);
- the provisions of sections 48 and 49 shall apply subject to the modification that;
- the WDV of the asset as defined in section 43(6), as adjusted, shall be taken to be
the cost of acquisition.
Capital Gain in case of Slump Sale - [Section 50B]
Slump Sale - [Section 2(42C)]:

Slump sale means, transfer u/s 2(47) of one or more undertakings or divisions by any
means for a lump sum consideration without assigning any value to the individual assets
and liabilities in such sale.
In other words, it is a transfer where the assessee transfers one or more undertakings/
divisions as a whole including all its assets and liabilities as a going concern.
The consideration is fixed for the undertaking or division as a whole without it being fixed
for each of the assets of such undertaking or division.
Hence, in such case, the undertaking or the division transferred shall be treated as a
capital asset.
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Capital Gain in case of Slump Sale - [Section 50B]

Slump Sale - [Section 2(42C)]:
Slump sale means, transfer u/s 2(47) of one or more undertakings or divisions by any
means for a lump sum consideration without assigning any value to the individual assets
and liabilities in such sale.
In other words, it is a transfer where the assessee transfers one or more undertakings/
divisions as a whole including all its assets and liabilities as a going concern.
The consideration is fixed for the undertaking or division as a whole without it being fixed
for each of the assets of such undertaking or division.
Hence, in such case, the undertaking or the division transferred shall be treated as a
capital asset.
Note:
(1) Full Value of Consideration (FVC):
The amount of lumpsum consideration received or receivable for transfer of
undertaking or division shall be taken as the full value of consideration for the
purpose of computing the amount of capital gain u/s 50B.
(2) Cost of Acquisition (COA):

Net worth of the undertaking shall be deemed to be the cost of acquisition of the
undertaking or the division so transferred in slump sale.
Note:
The net worth of the undertaking shall be the aggregate value of total assets of
the undertaking or division minus the value of liabilities of such undertaking or
division as appearing in its books of account.
Computation of Net Worth for Section 50B:
In the case of depreciable assets WDV of block of assets as per XX
section 43(6)
Capital asset in respect of which 100% Nil XX
deduction is claimed u/s 35AD
For All Other Assets Book Value as appearing in XX
the balance sheet
Aggregate Value of Total Assets XX
Less: Outsiders’ Liabilities Book Value as appearing in (XX)
the balance sheet
Net Worth for Section 50B XX
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Note:
Any change in the value of assets on account of revaluation of assets shall not be
considered for this purposes.
(3) If the undertaking or the division is owned & held for 36 months or less, it would be
treated as a short-term capital asset whereas, if it was owned & held for more than
36 months, then, it would be treated as a long-term capital asset.
Benefit of Indexation of cost shall not be available even if the undertaking which is
transferred is a long-term capital asset.
(4) As per the explanation to section 48, if the slump sale agreement determines the
value of individual assets & liabilities for the sole purpose of payment of stamp duty,
or registration fees, or similar taxes, then the same shall not imply the assignment
of values to the individual assets and liabilities.
However, if the slump sale agreement specifies the individual values of each asset
to be transferred, then the provisions of Section 50B shall not be applicable and the
capital gain on each asset shall be calculated separately.
(5) No ‘PGBP’ income shall arise in the case of a slump sale transaction, even if stock-in-
trade is transferred as a part of the said transaction. This is because the undertaking
as a whole is sold and not the individual assets.
Full Value of Consideration in case of transfer of Immovable Properties - [Section 50C]
 Where the assessee has transferred any capital asset, being land or building or both; and
- the consideration declared by the assessee to be received or accruing as a result
of transfer of such immovable property is less than the stamp duty value (SDV)
assessed or assessable by the state stamp duty authorities (i.e. Consideration <
SDV);
- then, for the purpose of computation of the capital gain arising on transfer
of such immovable property, the amount of stamp duty value (SDV) assessed or
assessable shall be deemed to be the full value of consideration (FVC) as per section
50C.
 Where the date of agreement and date of registration are not the same, then, the
SDV as on the date of the agreement may be taken for the purposes of computing
355
the FVC provided that the amount of consideration, or a part thereof, is received by
way of an A/c payee cheque or A/c payee bank draft or use of electronic clearing
system through a bank account, on or before the date of such agreement.
The provisions of section 50C shall be applicable only if:
The difference between the SDV and the consideration exceeds 10% of the consideration.
 Further, in a case where the assessee claims before the A.O. that the SDV adopted
or assessed or assessable by the stamp duty authorities exceeds the FMV of the
property as on the date of transfer and he has not disputed or challenged such SDV
before any court or tribunal.
Then, the A.O. may on the basis of such claim made by the assessee, refer the matter
to the departmental valuation officer (DVO) for the purpose of determination of the
FMV of the said property.
In such case, two possibilities may arise:
(a)
Value as determined by the DVO is less than the SDV adopted for the stamp duty
purposes (i.e. DVO value < the SDV):
In such case, the value as determined by the DVO shall be deemed to be the
FVC for the purpose of computation of capital gains.
(b)
Value as determined by the DVO is more than the SDV adopted for the stamp duty
purposes (DVO value > the SDV):
In such case the value so determined by the DVO cannot be taken to be the FVC. The
SDV so adopted or assessed or assessable shall only be deemed to be the FVC for
the purpose of computation of capital gains.
Note:
Where the assessee acquires land and constructs a building on such land in any
subsequent previous year, then, for the purpose of computation of capital gains
arising from transfer of land along with such building (i.e. house property), the
period of holding of the land and the period of holding of the building shall be
determined separately.
The period of holding of the land shall be determined from the date of its acquisition
till the date of sale of house property. On the other hand, the period of holding of
the building shall be from the date of completion of building till the date of sale
of house property.
Thus, for the purpose of computation of capital gains, indexed cost, if required,
would be computed separately for the land and for the building.
356
Full Value of Consideration in case of transfer of Share other than Quoted Shares -
[Section 50CA]
Where the assessee has transferred a capital asset being shares other than quoted shares
of a company and the consideration received or accruing as a result of transfer of such
shares is less than the fair market value (FMV) of such shares determined in prescribed
manner. (i.e. Consideration < FMV).
Then, for the purpose of computation of the capital gain arising on transfer of such shares,
the amount of fair market value (FMV) determined in prescribed manner shall be deemed to be
the full value of consideration (FVC) as per the provisions of section 50CA.
Advance Money or Other Sum Received & Forfeited - [Section 51]
Such advance money

If such advance Taxability is
is to be deducted
money is money postponed to the
while determining
received and year of actual
the COA for comuting
forfeited prior to transfer of the
capital gains as per
Tax treatment 1st April, 2014 capital asset
section 51.
of advance
money or other
If such advance Such advance money Taxability is
sum received &
money is received is to be taxed under attracted in the
forfeited
and forfeited on the head 'Other year in which the
or after 1st April, Sources' as per advance is received
2014 section 56(2)(ix). & forfeited.
Note:
(1) Advance money or other sum received and retained prior to 01-04-2014 shall
only be considered u/s 51 to be deducted out of the cost of acquisition in the hands
of the assessee. Any such amount received and retained on or after 01-04-2014
shall not be adjusted as above because the same gets charged to tax under the
head ‘Other Sources’ as per the provisions of section 56(2)(ix).
(2) Any advance money or other sum received and retained by the previous owner shall not
be deducted out of the cost of acquisition of the assessee. The same shall be ignored.
(3) The amount advance money or other sum received and retained by the assessee
shall first be deducted out of the cost for which the asset was acquired or the
written down value or the fair market value, as the case may be, and only after
such deduction the benefit of indexation on cost of acquisition (if applicable) shall
be available.
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Distribution of Assets to Shareholders on Liquidation - [Section 46]

 Tax treatment in the hands of the Company:
As per the provisions of section 46(1), notwithstanding anything contained in section
45, where the assets of a company are distributed to its shareholders on liquidation,
such distribution shall not be regarded as transfer by the company for the purpose
of section 45. Hence, no capital gain would arise in the hands of such company on
such distribution.
 Tax treatment in the hands of the Shareholder:
As per the provisions of section 46(2), capital gain would arise in the hands of such
shareholder. This is because, there is an ‘extinguishment of right’ in the capital asset
(being shares held in the company in liquidation) for which the shareholder gets
money or other assets from such company.
Note:
For the purpose of determining the period of holding of such shares in the hands
of the shareholder, period after the date of liquidation shall not be considered.
The capital gain arising in the hands of such shareholder would be computed in
the following manner:
Step 1:
Ascertain the amount of total distribution on liquidation i.e. Money (Cash)
distributed (+) FMV of the asset distributed as on the date of distribution.
Step 2:
Determine shareholder’s interest in the accumulated profits of the company as on
the date of liquidation i.e. amount of deemed dividend u/s 2(22)(c).
Step 3:
Amount as per Step 1 (-) Amount as per Step 2 shall be deemed to be the full
value of consideration (FVC) in the hands of the shareholder for transfer of shares
held in the company in liquidation.
Step 4:
Amount as per Step 3 (i.e. FVC) (-) COA or ICOA of the shares held in the company
in liquidation shall be the amount of capital gains chargeable to tax in the hands
of the shareholder.
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Summary of Section 46
Tax treatment of such distribution in the hand of the
Company - [Section 46(1)] Shareholder - [Section 46(2)]
Distribution not a taxable Total Distribution on liquidation

transfer [Money distributed (+) FMV of the
assets distributed]
Therefore, no capital gains
Distribution to the Balance amount of
extent attributable to distribution
accumulated profits of
the company
Deemed Dividend as Deemed to be FVC for

per section 2(22)(c) the purpose of section
In the hands of the 48
share holder under
I.F.O.S.
Subjected to capital
gains tax
Capital Gains on Purchase by a Company of its Own Shares or Other Specified Securities (i.e.
Buy-back of Securities) - [Section 46A]
(1) In case of specified securities other than shares:
Any consideration received by a holder of specified securities (other than shares)
from any company on purchase of its specified securities is chargeable to tax in the
hands of the holder of specified securities.
The difference between the cost of acquisition and the value of consideration received
by the holder of securities is chargeable to tax as capital gains in his hands.
The computation of capital gains shall be made in accordance with the provisions of
section 48. Such capital gains shall be chargeable in the year in which such securities
were purchased by the company.
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Note:
W.e.f. 05.07.2019, as far as shares are concerned, this provision would be attracted
in the hands of the shareholder only if the shares are bought back by a company,
other than a domestic company.
Prior to that date, this provision was attracted even in the hands of shareholders
of domestic company, where listed shares were bought back.
(2) In case of shares (whether listed or unlisted):

W.e.f. 05.07.2019, in case of buyback of shares (whether listed or unlisted) by
domestic companies, additional income-tax @ 20% (plus surcharge @ 12% and
cess @ 4%) is leviable in the hands of the company.
Consequently, the income arising to the shareholders in respect of such buyback of
shares by the domestic company would be exempt under section 10(34A), since the
domestic company is liable to pay additional income-tax on the buyback of shares.
Note:
Prior to 05.07.2019, additional income-tax was attracted only in case of buy back
of unlisted shares by domestic companies.
Consequently, only holders of unlisted shares were entitled to exemption under
section 10(34A).
Taxation provisions in respect of buyback effected on or after 05.07.2019

Taxability for the Buy-back of shares Buy-back of shares by Buy-back of specified
by domestic company other than securities by any
companies domestic companies company
Company u/s 115QA Subject to Not subject to tax Not subject to tax in the
additional income in the hands of the hands of the company
tax @ 23.296%. company.
Shareholder Income arising Income arising to Income arising to holder
to shareholders shareholder taxable of specified securities
exempt under as capital gains u/s taxable as capital gains
section 10(34A) 46A. u/s 46A.
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Capital Gains on Conversion of Debentures into Shares

 Conversion of debentures or any part thereof of a company into shares of that
company - [Exempt u/s 47(x)].
 However, when the shares which the assessee has acquired on such conversion are
later on transferred, capital gain shall arise and shall be chargeable to tax in the
previous year in which such shares are transferred.
(a) Cost of acquisition (COA) of such shares = Cost of that part of debenture in
relation to which such shares are received by the assessee - [Section 49(2A)].
(b) Period of holding of such shares shall also include the period for which the
debentures were held by the assessee prior to such conversion - [Rule 8AA(2)].
Capital Gains on Conversion of Preference Shares into Equity Shares

 Conversion of preference shares or any part thereof of a company into equity shares
of that company - [Exempt u/s 47(xb)].
 However, when the equity shares which the assessee has acquired on such conversion
are later on transferred, capital gain shall arise and shall be chargeable to tax in
the previous year in which such equity shares are transferred.
(a) Cost of acquisition (COA) of such equity shares = Cost of that part of preference
shares in relation to which such equity shares are received by the assessee -
[Section 49(2AE)].
(b) Period of holding of such equity shares shall also include the period for which
the preference shares were held by the assessee prior to such conversion -
[Explanation 1 to Section (2(42A)].
Zero Coupon Bonds (ZCBs) & their Taxability

Zero Coupon Bonds (ZCBs) - [Section 2(48)]:
A zero coupon bond (ZCB) means:
- a bond issued by any infrastructure capital company or infrastructure capital fund
or infrastructure debt. fund or a public sector company or a scheduled bank on or
after 1st June, 2005;
- in respect of which no payment and benefit is received or receivable before the
maturity or redemption from such issuing entity; and
- which the Central Government may notify in this behalf.
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Note:
(1) Section 2(47) provides that maturity or redemption of a ZCB shall be treated
as a transfer for the purposes of capital gains tax.
Further, if ZCBs are held for 12 months or less, they would be treated as short-
term capital assets whereas, if they are held for more than 12 months, then,
they would be treated as long-term capital assets.
(2) The income on transfer of a ZCB (not held as stock-in-trade) is to be treated
as capital gains.
Exemption u/s 54
Capital Gains on sale of residential house [Section 54]
(1) Eligible Assessees - Individuals & HUFs
(2) Conditions to be fulfilled:

(a) There should be a transfer of residential house (buildings or lands appurtenant
thereto)
(b) It must be a long-term capital asset
(c) Income from such house should be chargeable under the head ‘House Property’
(3) Where the amount of capital gains exceeds Rs. 2 crores:

Where the amount of capital gain exceeds Rs. 2 crores, one residential house in India
should be purchased within 1 year before or 2 years after the date of transfer (or)
constructed within a period of 3 years after the date of transfer.
(4) Where the amount of capital gains does not exceed Rs. 2 crores:
Where the amount of capital gains does not exceed Rs. 2 crores, the assessee i.e.,
individual or HUF, may at his option, purchase two residential houses in India within
1 year before or 2 years after the date of transfer (or) construct two residential
houses in India within a period of 3 years after the date of transfer.
Note:
Where during any assessment year, the assessee has exercised the option to
purchase or construct two residential houses in India, he shall not be subsequently
entitled to exercise the option for the same or any other assessment year.
If such investment is not made before the date of filing of return of income, then
the capital gain has to be deposited under the CGAS (Capital Gain Account Scheme).
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Amount utilized by the assessee for purchase or construction of new asset and the
amount so deposited shall be deemed to be the cost of new asset.
(5) Quantum of Exemption:

(a) If cost of new residential house or houses, as the case may be ≥ long term
capital gains, entire long term capital gains is exempt.
(b) If cost of new residential house or houses, as the case may be < long term
capital gains, long term capital gains to the extent of cost of new residential
house is exempt.
Examples:
(1) If the long-term capital gains is Rs. 2.05 crore and the cost of the new house
is Rs. 3 crore, then, the entire long-term capital gains of Rs. 2.05 crore is
exempt.
(2) If long-term capital gains is Rs. 2.05 crore and cost of new house is Rs.
1.55 crore, then, long-term capital gains is exempt only upto Rs. 1.55 crore.
Balance Rs. 50 lakhs is taxable @ 20%.
(6) Consequences of transfer of new asset before 3 years:

If the new asset is transferred before 3 years from the date of its acquisition or
construction, then cost of the asset will be reduced by capital gains exempted earlier
for computing capital gains.
Continuing Example 1, if the new house was sold after 21 months for Rs. 5 crore,
then short term capital gain chargeable to tax would be –
Net Consideration 5,00,00,000
Less: Cost of acquisition minus capital gains exempt earlier [Rs.
3,00,00,000 (-) Rs. 2,05,00,000) 95,00,000
Short term capital gains chargeable to tax 4,05,00,000
Exemptions u/s 54B & 54D

Points Section 54B Section 54D
Who can claim the Individual/HUF All Assessees
exemption?
Type of capital asset STCA/LTCA STCA/LTCA
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Which specific capital asset is Urban Agricultural Land, Land/Building forming part
to be transferred? if it was used by the HUF of an industrial undertaking
or individual or any of his which is compulsorily
parents for agricultural acquired under any law
purposes for at least 2 & which was used for at
years immediately prior to least 2 years for industrial
the date of transfer purposes prior to such
compulsory acquisition
Acquisition of which specific Agricultural Land (can be Land/Building for industrial
capital asset to claim rural as well as urban) purposes
exemption?
Time limit for investment in Purchase Purchase
new asset within 2 years from the date within 3 years from the date
of transfer of transfer
CGDAS applicable? Yes Yes
(Refer Note) (Refer Note)
From which date the time From the date of transfer From the date of receipt of
limit for investment shall be (in the case of compulsory compensation
determined? acquisition, from the date
of receipt of compensation)
Amount of exemption Lower of: Lower of:
Investment in New Asset or Investment in New Asset or
Amount of Capital Gain Amount of Capital Gain
Revocation of exemption If the new asset is If the new asset is
transferred within 3 years transferred within 3 years
of its acquisition of its acquisition
How the exemption would be Reduce the amount of Reduce the amount of
revoked? exemption out of COA of exemption out of COA of
new asset at the time of new asset at the time of
computing the capital gain computing the capital gain
on transfer of new capital on transfer of new capital
asset asset
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Exemptions u/s 54EC & 54EE

Points Section 54EC Section 54EE
Who can claim exemption? All Assessees All Assessees
Type of capital asset LTCA LTCA
Which specific capital asset is Any capital asset being an Any Capital Asset
to be transferred? immovable property
(W.e.f. 01.04.2018)
Acquisition of which specific Bonds of RECL/NHAI or Units issued before 1st
capital asset to claim Bonds notified by CBDT April, 2019 by a fund
exemption? (Bonds of PFC and IRFC created to finance the
have been notified in this start-ups in India (Start-up
regard) India Fund)
Time limit for investment in Purchase Purchase
new asset within 6 months from the within 6 months after the
date of transfer date of transfer
CGDAS applicable? No No
From which date the time From the date of transfer From the date of transfer
limit for investment shall be (in the case of compulsory (in the case of compulsory
determined? acquisition, from the date acquisition, from the date
of receipt of compensation) of receipt of compensation)
Amount of exemption Lower of: Lower of:
Investment in New Asset Investment in New Asset
(subject to max. Rs. 50 (subject to max. Rs. 50
lakhs in the year of transfer lakhs in the year of transfer
& in the next year) or & in the next year) or
Amount of Capital Gains Amount of Capital Gains
Revocation of exemption If the new asset is If the new asset is
transferred or converted transferred within 3 years
into money or a loan is of its acquisition or it is
taken on the security of the converted into money
new asset within 5 years within 3 years of its
of its acquisition - (W.e.f. acquisition or
01.04.2018) a loan is taken on the
security of the new asset
within 3 years of its
acquisition
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How the exemption would Capital gains exempted Capital gains exempted
revoked? shall be treated as LTCG shall be treated as LTCG
of the year in which the of the year in which the
conditions of revocation is conditions of revocation is
met met
Who can claim exemption?

Who can claim exemption? Individual/HUF
Type of capital asset LTCA
Which specific capital asset is Any capital asset, other than a RHP (provided that, as on
to be transferred? the date of such transfer the assessee does not own more than
one RHP)
Acquisition of which specific One RHP in India
capital asset to claim
exemption?
Time limit for investment in Purchase
new asset within 1 year prior to or within 2 years from the date of
transfer
Construction
within 3 years from the date of transfer
CGDAS applicable? Yes
(Refer Note)
From which date the time From the date of transfer
limit for investment shall be (in the case of compulsory acquisition, from the date of
determined? receipt of compensation)
Amount of exemption If the investment in New Asset is:
(a) more than or equal to the amount of net consideration:
100% of the capital gain shall be exempt.
(a) less than the amount of net consideration:
exemption u/s 54F shall be equal to:
LTCG (x) Investment in New Asset (÷) Net Consideration
Revocation of exemption If the new asset is transferred within 3 years of its
acquisition or another RHP is purchased within 2 years
or constructed within 3 years from the date of transfer of
original asset
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How the exemption would Capital gains exempted shall be treated as LTCG of the
revoked? year in which the conditions of revocation is met
Note:
Capital Gains Deposit Accounts Scheme [CGDAS]:
U/s 54, 54B, 54D, 54F, the capital gains is exempt if such gain or net consideration, as the
case may be, is invested in new assets, as mentioned in the respective sections, within the
time allowed for the said purpose.
If however, such investment is not made before the date of furnishing the return of income,
then, the amount of the capital gain or the net consideration, as the case may be, is
required to be deposited in an account under CGDAS.
In such case, the amount so deposited shall be deemed to have been invested in the
specified manner and on the basis of such deposit, the assessee could claim the exemption
u/s 54, 54B, 54D, 54F, as the case may be.
The relevant points in this regard are as follows:
(a) The deposit must be made on or before:
- the actual date of furnishing the return of income; or
- the due date for furnishing the return of income u/s 139(1).
whichever happens earlier.
(b) The deposit shall be made with any bank or an institution approved for such purpose.
(c) The return of income shall be accompanied by the proof of such deposit.
(d) The amount deposited can be withdrawn for utilisation in accordance with the
scheme, for the specified purposes only and not for any other purpose.
(e) If in any previous year, the amount deposited in CGD A/c is withdrawn and utilised
for purposes other than the specified purpose (i.e. mis-utilised); then, the amount of
mis-utilisation shall be treated as a capital gain chargeable to tax for the previous
year in which the amount was mis-utilised.
However, where the exemption on the basis of such deposit was granted u/s 54F;
then, the capital gain exempted u/s 54F which is related to the amount of such mis-
utilisation shall be treated as capital gain chargeable to tax for the previous year in
which the amount was so mis-utilised.
(f) Further, if the amount deposited in CGD A/c is not utilised in the manner specified
in respective section on or before the expiry of the prescribed period (i.e. remains
unutilised); then, the amount which remains unutilised in such CGD A/c shall be
treated as a capital gain chargeable to tax for the previous year in which the
prescribed period expires.
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(g) However, where the exemption on the basis of such deposit is granted u/s 54F; then,
the amount of capital gain exempted u/s 54F which is related to the amount which
remains unutilised in CGD A/c shall be treated as capital gain chargeable to tax for
the previous year in which the prescribed period so expires.
(h) The CBDT has clarified that in the case of an individual who dies before the expiry of
the stipulated period, any unutilised amount in the CGD A/c shall not be chargeable
to tax in the hands of the legal heirs.
Extension of time for acquiring new asset or depositing or investing amount of Capital
Gain [Section 54H]
In case of compulsory acquisition of the original asset, where the compensation is not
received on the date of transfer, the period available for acquiring a new asset or making
investment in CGAS under sections 54, 54B, 54D, 54EC and 54F would be considered from
the date of receipt of such compensation and not from the date of the transfer.
Tax Rates on Short-term Capital Gains (STCG)

Section Situation Tax Rate
111A (a) STCG on transfer of listed equity shares or units of EOMF
and units of business trust (provided that, the transaction of
sale of such equity shares or units is undertaken on or after 01-
10-2004 and is subjected to STT).
(b) STCG arising from transactions undertaken in foreign currency 15%
on a recognized stock exchange located in an International
Financial Services Centre (IFSC) (even though such transactions
are not liable to STT).
Note:
(1) STCG on transfer of any other capital asset shall be Taxable @ Normal Rates.
(2) Deductions under chapter VI-A (i.e. Deductions u/s 80C to 80U) shall not be allowed
against the STCG chargeable to tax u/s 111A.
(3) In case of a resident individual or a HUF, the STCG taxable u/s 111A shall be
reduced by the amount of unexhausted basic exemption limit and the balance
shall be subjected to tax.
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Tax Rates on Long-term Capital Gains (LTCG)

Section Situation
112A (W.e.f. 01.04.2018):
(a) LTCG on transfer of:
- listed equity shares (if STT has been paid at the time of acquisition as
well as transfer of such shares)
- units of equity-oriented fund [which includes units under U.L.I.P. Scheme
which is not exempt u/s 10(10D)] and unit of business trusts (if STT has
been paid on transfer of such units.
LTCG u/s 112A upto Rs. 1,00,000 Not Taxable
LTCG u/s 112A in excess of Rs. 1,00,000 Taxable @ 10%
(b) LTCG arising from transactions undertaken in Taxable @ 10%
foreign currency on a recognized stock exchange
located in an International Financial Services
Centre (IFSC) (even though such transactions are
not liable to STT).
Note:
Benefit of indexation shall not be available in above cases.
112 (a) LTCG on transfer of listed securities (other than units) or ZCBs.
Taxable @:
10% without indexation or 20% with indexation
(whichever is more beneficial to the assessee)
(b) LTCG on transfer of unlisted securities or shares of a closely held company
Taxable @:
- 10% without indexation and currency fluctuation - (In case of non-
residents & foreign companies)
- 20% with indexation benefit - (In case of other assessees)
(c) LTCG on transfer of any other capital assets
Taxable @ 20%
Note:
(1) Deductions under chapter VI-A (i.e. Deductions u/s 80C to 80U) shall not be allowed
against the LTCG chargeable to tax u/s 112 and 112A.
(2) In case of a resident individual or a HUF, the LTCG taxable u/s 112 & 112A shall
be reduced by the amount of unexhausted basic exemption limit and the balance
shall be subjected to tax.
(3) Rebate u/s 87A is not available in respect of tax payable @10% on LTCG u/s 112A.
369
The Finance (No. 2) Act, 2019 has levied an enhanced surcharge of 25% and 37%, where
the total income of individuals/HUF/AOPs/BOIs exceeds Rs. 2 crores & Rs. 5 crores,
respectively.
However, the enhanced surcharge has been withdrawn on tax payable at special rates
under section 111A and 112A on STCG and LTCG arising from the transfer of equity
share in a company or unit of an equity-oriented fund/business trust, which has been
subject to STT. [Press Release dated 24-8-2019]
370
CLASSWORK PROBLEMS
Question 1
Ramdev HUF is partitioned in 03-04 and assets distributed to both Ram & Dev equally
properties worth `50 lakhs each, the properties had been acquired by HUF in 1961 at `1
lakh (fmv.1.4.01 - 25,00,000). Ram sells off his property in March, 2022 for ` 2 crore.
Calculate the amount of Capital Gains chargeable to tax in the hands of H.U.F. and Ram.
Question 2
X and Y are two partners of a firm : A Co. On June 1, 2021 B joins the firm and brings
listed shares in a company as his capital contribution. Fair market value of these shares
(listed) on June 1, 2021 is `1,86,000, whereas amount credited in B's account in the firm
is ` 2,20,000. Assuming that cost of acquisition in 2008-2009 of these shares is ` 45,000,
find out the amount of chargeable capital gain for the assessment year 2022-23.
Question 3
A Co. (a firm which deals in chemical goods and has partners: X, Y and Z) acquires gold
on May 10,2005 for ` 40,000. This is taken over at the time of dissolution by Y on March
31, 2022. Though on March 31st,2022 its market value is ` 5,60,000, agreed value as per
dissolution deed is ` 6,00,000. Determine the amount of capital gain chargeable to tax
for the assessment year 2022-23.
Question 4
X gets shares from his employer - ABC Ltd., under ESOP (whose market value at acquisition
was ` 3,00,000) for ` 80,000 on 4.4.2021.
X sells such shares on 7.1.22 for ` 7,00,000, when its FMV was 9,00,000. Compute effects.
Describe the changes if :
Such shares were gifted on 7.1.22.
Such shares were given by way of will in P.Y. 21-22.
Question 5
Mr. P holds 500 shares of ABC Ltd., which were allotted to him on 22.4.2005 @ ` 30 per
share. On 22nd July, 2021 ABC Ltd., made right issue to the existing shareholders at the
rate of one share for every five shares held @ `100 per share. Mr. P, instead of exercising
his right to obtain right shares, has exercised his right of renouncement by renouncing
the said right entitlement in favour of Mr. Q @ ` 70 per right share entitlement on 4th
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August, 2021.
Determine the nature and amount of capital gain, if any, taxable in the hands of Mr. P.
What is the C.O.A. of the shares for Mr. Q?
Question 6
X purchases a property on April 1, 1995 for ` 95,000. He enters into agreement for sale
of the property to A on November 1, 2005 and receives `10,000 as advance. A could not,
however keep his promise and advance of `10,000 given by him is forfeited by X. Later on
he gifts the property to his friend Y on May 15, 2007. The following expenses are incurred
by X and Y for renewal of the property :
Cost (`)
Addition of two rooms by X during 1999-2000 25,000
Addition of first floor by X during 2004-05 40,000
Addition of second floor by Y during 2009-10 1,25,000
Fair market value of the property on April 1, 2001 is `1,15,000.

Y enters into an agreement to sell the property for `12,50,000 to B on April 1, 2011 after
receiving an advance of ` 50,000. B could not pay the balance within the stipulated time
of two months and Y forfeits the advance ` 50,000 as per agreement with B. Y ultimately
finds a buyer in C to whom property is transferred for ` 73,75,000 on December 1,
2021. The Valuation adopted by the registration authorities for charge of stamp duty
was ` 82,00,000 (more than 110%) which was not contested by the buyer, but as per the
assessee's request, the Assessing Officer made a reference to valuation officer. The value
adopted by valuation officer was `77,50,000/- Brokerage at 1% of sale consideration
was paid by Mr. Y to Mr. H. Compute the capital gain chargeable to tax in the hands of Y.
Question 7
Mr. A is proprietor of Chirag Enterprises having 2 units. He transferred on 1.4.2021 his unit
1 by way of slump sale for a total consideration of `25 Lacs. The expenses incurred for
this transfer were `28,000/-. His Balance Sheet as on 31.3.2021 is as under:
372
Liabilities Total Assets Unit 1 Unit 2 Total

` ` ` `
Own Capital 15,00,000 Building 12,00,000 2,00,000 14,00,000
Revaluation Reserve 3,00,000 Machinery 3,00,000 1,00,000 4,00,000
(for building of Unit 1) Debtors 1,00,000 40,000 1,40,000
Bank Loan 2,00,000 Other Assets 1,50,000 60,000 2,10,000
(70% for Unit I)
Trade Creditors 1,50,000
(25% for Unit 1)
TOTAL 21,50,000 TOTAL 17,50,000 4,00,000 21,50,000
Other Information:
(i) Revaluation reserve is created by revising upward the value of the building of Unit 1.
(ii) No individual value of any asset is considered in the transfer deed.
(iii) Other assets of Unit I include patents acquired on 1.7.2019 for ` 50,000/- on which
no depreciation has been charged. (Depreciation rate 25%).
Compute the capital gain for the assessment year 2022-2023.
Question 8
The Government of Kerala acquires a commercial building owned by X Ltd. on March
10,2007. X Ltd. receives first instalment of ` 4,20,000 of the initial compensation of
`14,00,000 on September 25, 2010 (cost of acquisition on May 5, 2003 ` 6,70,000). On
appeal of X Ltd. the Kerala high court increased the compensation to ` 26,25,000. The
additional compensation `12,25,000 is received by X Ltd. on May 6, 2021 X Ltd. incurred
litigation expenses of `1,15,000 to get the enhanced compensation. Find out the capital
gain chargeable to the tax for the assessment year 2007-08, 2011-2012 and 2022-
2023.
Question 9
Mr. A is an individual carrying on business. His stock and machinery were damaged and
destroyed in a fire accident in December, 2021.
The value of stock lost (total damaged) was ` 6,50,000. Certain portion of the machinery
could be salvaged. The opening WDV of the block as on 1.4.2021 was ` 10,80,000.
During the process of safeguarding machinery and in the fire fighting operations, Mr. A lost
his gold chain and a diamond ring, which he had purchased in April, 2009 for `1,20,000.
The market value of these two items as on the date of fire accident was ` 4,00,000.
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Mr. A received the following amounts from the insurance company:

(i) Towards loss of stock ` 4,80,000
(ii) Towards damage of machinery ` 6,00,000
(iii) Towards gold chain and diamond ring ` 4,00,000
You are requested to briefly comment on the tax treatment of the above three items
under the provisions of the Income - tax Act, 1961.
Question 10
Mr. ‘X’ furnishes the following data for the previous year ending 31.3.2022:
(a) Unlisted Equity Shares of AB Ltd., 10,000 in number were sold on 31.5.2021, at `
500 for each share and transfer expenses incurred ` 2,00,000.
(b) The above shares of 10,000 were acquired by ‘X’ in the following manner:
(i) Received as gift from his father on 1.6.2000 (5,000 shares) the fair market
value on 1.4.2001 `50 per share.
(ii) Bonus shares received from AB Ltd. on 21.7.2005 (2,000 shares).
(iii) Purchased on 1.2.2004 at the price of `125 per share (3,000 shares).
(c) Purchased one residential house at ` 37 lakhs, on 1.5.2022 from the sale proceeds
of shares.
(d) ‘X’ is already owning a residential house, even before the purchase of above house.
You are required to compute the taxable capital gain. He has no other source of income
chargeable to tax.
Question 11
Ms. Usha purchases 1,000 equity shares in X Ltd., at a cost of ` 30 per share (brokerage
1%) in January 1996. She gets 100 bonus shares in August 2000. She again gets 1100
bonus shares by virtue of her holding on February 2006. Fair market value of the shares
of X Ltd. on April 1, 2001 is ` 80. In January 2022, she transfers all her shares @ ` 200
per share (brokerage 2%).
Compute the capital gains taxable in the hands of Ms. Usha for the A.Y. 2022-23.
Cost Inflation Index for F.Y. 2001-02: 100, F.Y. 2005-06: 117 & F.Y. 2021-22 : 317.
Question 12
Mr. B purchased convertible debentures for ` 5,00,000 during August 2002. The debentures
were converted into shares in September 2012. These shares were sold for ` 15,00,000
in August, 2021. The brokerage expenses are ` 50,000. You are required to compute the
capital gains in case of Mr. B for the assessment year 2022-23.
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Financial Year Cost Inflation Index

2002 – 03 105
2012 – 13 200
2021 – 22 317
Question 13
Mr. Kay purchases a house property on April 10, 1992 for ` 65,000. The fair market
value of the house property on April 1, 2001 was ` 2,70,000. On August 31, 2003, Mr.
Kay enters into an agreement with Mr. Jay for sale of such property for ` 3,70,000 and
received an amount of ` 60,000 as advance. However, as Mr. Jay did not pay the balance
amount, Mr. Kay forfeited the advance. In May 2008, Mr. Kay constructed the first floor by
incurring a cost of ` 2,35,000 Subsequently, in January 2009, Mr. Kay gifted the house to
his friend Mr. Dee. On February 10, 2021, Mr. Dee sold the house for ` 12,00,000. CII for
F.Y. 2003-04: 109; 2008-09: 137; 2021-22: 317. Compute the capital gains in the hands
of Mr. Dee for A.Y.2022-23.
Question 14
Mr. Cee purchased a residential house on July 20, 2015 for ` 10,00,000 and made some
additions to the house incurring ` 2,00,000 in August 2015. He sold the house property
in April 2021 for ` 20,00,000. Out of the sale proceeds, he spent ` 5,00,000 to purchase
another house property in September 2021.
What is the amount of capital gains taxable in the hands of Mr. Cee for the A.Y. 2022-23?
Question 15
Mr. Roy, aged 55 years owned a Residential House in Ghaziabad. It was acquired by Mr.
Roy on 10-10-2007 for ` 24,00,000. He sold it for ` 65,00,000 on 4-11-2021. The stamp
valuation authority of the State fixed value of the property at ` 72,00,000. The assesse
paid 2% of the sale consideration as brokerage on the sale of the said property.
Mr. Roy acquired a residential house property at Kolkata on 10-12-2021 for ` 7,00,000
and deposited ` 3,00,000 on 10-4-2022 and ` 5,00,000 on 15-6-2022 in the capital
gains bonds of Rural Electrification Corporation Ltd. He deposited ` 4,00,000 on 6-7-
2022 and ` 9,00,000 on 1-11-2022 in the capital gain deposit scheme in a Nationalized
Bank for construction of an additional floor on the residential house property in Kolkata.
Compute the Capital Gain chargeable to tax for the Assessment Year 2022-23 and
income-tax chargeable thereon assuming Mr. Roy has no other income.
Cost Inflation Index for Financial Year 2007-08: 129 and Financial Year 2021-22: 317.
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Question 16
Mrs. Harshita purchased a land at a cost of ` 35 lakhs in the financial year 2003-04
and held the same as her capital asset till 31st March, 2011. She started her real estate
business on 1st April, 2011 and converted the said land into stock-in-trade of her business
on the said date, when the fair market value of the land was ` 210 lakhs.
She constructed 15 flats of equal size, quality and dimension. Cost of construction of
each flat is ` 10 lakhs. Construction was completed in February, 2022. She sold 10 flats
at ` 30 lakhs per flat in March, 2022. The remaining 5 flats were held in stock as on 31st
March, 2022.
She invested ` 50 lakhs in bonds issued by National Highways Authority of India on 31st
March, 2022 and another ` 50 lakhs in bonds of Rural Electrification Corporation Ltd. in
April, 2022.
Compute the amount of chargeable capital gain and business income in the hands of Mrs.
Harshita arising from the above transactions for Assessment Year 2022-23 indicating
clearly the reasons for treatment for each item.
[Cost Inflation Index: FY 2003-04: 109; FY 2011-12: 184; FY 2021-22: 317].
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CLASSWORK SOLUTIONS
Answer 2
Computation of capital gain chargeable for PY 21 – 22, AY 22 – 23.
P. O. H : - 08 – 09 to 31/5/21 LTCA
FVOC [Sec 45 (3)] 220000
(-) Exp for transfer (NIL)
Net Consideration 220000
(-) Indexed cost of Acqn
45000 x 317 (21-22) (1,04,124)
137 (08.09)
LTCG 1,15,876
Answer 3
When a partnership firm distributes a capital asset to the partner (on dissolution or
otherwise), the F.M.V. of the capital asset on the date of transfer shall be taken as Full
Value of consideration for the firm. The taxable capital gain for the firm is as follows:
Particulars `
Full value of consideration 5,60,000
Less: Indexed Cost of Acquisition
(LTCA as h.p. > 36 months from May. 2005 to Mar. 2022)
(40,000 x 317 (21-22) (1,08,376)
117 (05-06)
Taxable LTCG 4,51,624
(40,000 x (317 (21-22))/(117 (05-06))) (1,08,376)

Taxable LTCG 4,51,624
Answer 5
When Mr. P renounces the right entitlement in favour of Mr. Q, it results into “relinquishment
of the asset” for Mr. P. The capital gain for Mr. P and the cost of acquisition for Mr. Q are
calculated as follows:
Particulars `
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Full value of consideration

(100 right share entitlement x ` 70/ entitlement) 7,000
Less: Cost of Acquisition
(STCA as h.p. < 12 months from 22-7-2021 to 4-8-2021)
COA of right renounced (NIL)
Taxable STCG 7,000
C.O.A. for Mr. Q

Cost of the share (paid to ABC Ltd.) ` 100/ share
Add: Cost of the Right (paid to Mr. P) ` 70/ share
` 170/ share
X Number of shares 100 shares
17,000
Answer 7 Mr. A
Computation of Capital Gains for A.Y. 2022 – 2023
Particulars `
Full Value of Consideration 25,00,000
Less: Expenditure in connection with transfer (28,000)
Less: Cost of Acquisition (W.N.) (12,50,625)
TAXABLE STCG / LTCG 12,21,375
W.N. Cost of Acquisition- Net Worth of Unit 1

Particulars ` `
Assets related to Unit 1
- Building (excluding revaluation reserve) 9,00,000
- Machinery 3,00,000
- Debtors 1,00,000
- Other Assets (excluding Patents) 1,00,000
- Patents (See working below) 28,125 14,28,125
Less: Liabilities related to Unit 1
- Bank Loan (2,00,000 x 70%) 1,40,000
- Trade Creditors (1,50,000 x 25%) 37,500 (1,77,500)
NET WORTH 12,50,625
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Patents – WDV on 1-4-2021 (Depreciation rate 25%)

Actual Cost on 1-7-2019 50,000
Less: Depreciation u/s. 32 for
- P.Y. 2019-2020 (50,000 x 25%) 12,500
- P.Y. 2020-2021 [(50,000-12,500) x 25%] 9,375 (21,875)
W.D.V. on 1-4-2021 28,125
Answer 8
P.Y. 2006-2007, A.Y. 2007-2008
Nothing shall be taxable for X Ltd. as this is the year of compulsory acquisition. Capital
gain shall be taxable in the year in which the initial compensation (or any installment)
is received for the first time. Since no money is received.
P.Y. 2010-2011, A.Y. 2011—2012

Particulars `
Full value of consideration
(Always Initial compensation AWARDED/ DETERMINED) 14,00,000
(L.T.C.A. as h.p. > 24 months from 5-5-2003 to 9-3-2007)
6,70,000 x 122 (06-07) (7,49,908)
109 (03-04)
TAXABLE LTCG u/s. 112 @ 20% 6,50,092
P.Y. 2021-2022, A.Y. 2022 – 2023

Particulars `
Full value of consideration [26,25,000 (-) 14,00,000]
(Always Enhanced compensation received) 12,25,000
Less: Indexed Cost of Acquisition (Always NIL) NIL
Less: Indexed Cost of Improvement (Always NIL) NIL
Less: Transfer expenses
(Litigation expenses to get enhanced compensation) (1,15,000)
TAXABLE LTCG u/s. 112 @ 20% 11,10,000
Answer 9
(i) Compensation towards loss of stock: Any compensation received from the insurance
company towards loss/damage to stock in trade is to be construed as a trading receipt.
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Hence, ` 4,80,000 received as insurance claim for loss of stock has to be assessed under
the head “Profit and gains of business or profession”.
Note – The assessee can claim the value of stock destroyed by fire as revenue loss,
eligible for deduction while computing income under the head “Profits and gains of
business or profession” u/s 37(1).
(ii) Compensation towards damage to machinery: The question does not mention
whether the salvaged machinery is taken over by the Insurance company or whether
there was any replacement of machinery during the year. Assuming that the salvaged
machinery is taken over by the Insurance company, and there was no fresh addition
of machinery during the year, the block of machinery will cease to exist. Therefore, `
4,80,000 being the excess of written down value (i.e ` 10,80,000) over the insurance
compensation (i.e. ` 6,00,000) will be assessable as a short-term capital loss.
Note – If new machinery is purchased in the next year, it will constitute the new block of
machinery, on which depreciation can be claimed for that year.
(iii) Compensation towards loss of gold chain and diamond ring: Gold chain and diamond
ring are capital assets as envisaged by section 2(14). They are not “personal effects”,
which alone are to be excluded. As per section 45(1A), if any profit or gain arises in
a previous year owing to receipt of insurance claim, the same shall be chargeable to
tax as capital gains. The capital gains has to be computed by reducing the indexed
cost of acquisition of jewellery from the insurance compensation of ` 4,00,000.
Answer 10
Computation of taxable capital gain of Mr. ‘X’ for A.Y. 2022-23
Particulars ` `
Date : 31.5.21 Sale consideration received on sale of 50,00,000
10,000 shares @ ` 500 each
Less : Transfer expenses (2,00,000)
Net Sale Consideration (NSC) 48,00,000
Less : Indexed cost acquisition
(a) 5,000 shares received as gift from father on 1.6.2000 7,92,500
Indexed cost rs 5,000 x 50 x 317 (21-22)
100 (01-02)
∴ acquired prior to 1.4.01
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(b) 2,000 bonus shares received from AB Ltd Nil

Bonus shares are acquired on 21.7.2005 (i.e. after
1-4-2001 when the original shares were purchased).
Hence, the cost is Nil
(c) 3000 shares purchased on 1.2.2004 @ `125 per share
The indexed cost is 3000 x 125 x 10,90,596 (18,83,096)
G.L.T.C.G. 29,16,904
Less : Exemption under section 54F(See Note below)
(22,48,447)
Taxable long term capital gain 6,68,457
Note :
Exemption under section 54F can be availed by the assessee subject to fulfillment of the
following conditions :
(a) The assesse should not own more than one residential house on the date of transfer
of the long –term capital asset ;
(b) The assessee should purchase a residential house within a period of 1 year before or
2 years after the date of transfer or construct a residential house within a period of
3 years after the date of transfer of the long-term capital asset.
In this case, the assessee has fulfilled the two conditions mentioned above. Therefore, he
is entitled to exemption under section 54F.
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HOMEWORK PROBLEMS
Question 1
In which of the following situations capital gains tax liability does not arise?
(i) Mr. A purchased gold in 1970 for ` 25,000. In the P.Y. 2021-22, he gifted it to his son
at the time of marriage. Fair market value (FMV) of the gold on the day the gift was
made was ` 1,00,000.
(ii) A house property is purchased by a Hindu undivided family in 1945 for ` 20,000. It
is given to one of the family members in the P.Y. 2021-22 at the time of partition of
the family. FMV on the day of partition was ` 12,00,000.
(iii) Mr. B purchased 50 convertible debentures for ` 40,000 in 1995 which are converted
in to 500 shares worth ` 85,000 in November 2021 by the company.
Question 2
Mr. Abhishek a senior citizen, mortgaged his residential house with a bank, under a notified
reverse mortgage scheme. He was getting loan from bank in monthly installments. Mr.
Abhishek did not repay the loan on maturity and hence gave possession of the house to
the bank, to discharge his loan. How will the treatment of long-term capital gain be on
such reverse mortgage transaction?
Question 3
Examine, with reasons, whether the following statements are True or False.
(i) Alienation of a residential house in a transaction of reverse mortgage under a
scheme made and notified by the Central Government is treated as “transfer” for
the purpose of capital gains.
(ii) Zero coupon bonds of eligible corporation, held for 14 months, will be long-term
capital assets.
(iii) Zero Coupon Bond means a bond on which no payment and benefits are received or
receivable before maturity or redemption.
(iv) Income from growing and manufacturing tea in India is treated as agricultural
income wholly.
Question 4
Mr. A converts his capital asset acquired for an amount of ` 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 ` 4,50,000. The stock-in-trade was sold for an amount of `
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6,50,000 in the month of September, 2021. What will be the tax treatment?
Financial year Cost Inflation Index
2003-04 109
2016-17 264
2021-22 317
Question 5
Mr. Dinesh received a vacant site as gift from his friend in November 2005. The site was
acquired by his friend for ` 7,00,000 in April 2002. Dinesh constructed a residential
building during the year 2010-11 in the said site for ` 15,00,000. He carried out some
further extension of the construction in the year 2012-13 for ` 5,00,000.
Dinesh sold the residential building for ` 55,00,000 in January 2022 but the State stamp
valuation authority adopted ` 65,00,000 as value for the purpose of stamp duty.
Compute his long-term capital gain, for the assessment year 2022-23 based on the
above information. The cost inflation indices are as follows:
2002-03 105
2005-06 117
2010-11 167
2012-13 200
2021-22 317
Question 6
Mr. Kumar has purchased an agricultural land costing ` 6 lakh in Lucknow on 1.4.2002
and has been using it for agricultural purposes since its purchased till 1.8.2011 when the
Government took over compulsory acquisition of this land. A compensation of ` 12 lakh
was settled. The compensation was received by Mr. Kumar on 1.7.2021.
Compute the amount of capital gains taxable in the hands of Mr. Kumar.
Cost Inflation Index: 2002 - 03; 105, 2011-12; 184, 2021-21; 317.
Question 7
Will your answer be any different if Mr. Kumar had by his own will sold this land to his
friend Mr. Sharma? Explain.
Question 8
Will your answer be different if Mr. Kumar had not used this land for agricultural activities?
Explain and compute the amount of capital gains taxable in the hands of Mr. Kumar, if any.
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Question 9
Will your answer be different if the land belonged to ABC Ltd. and not Mr. Kumar and
compensation on compulsory acquisition was received by the company? Explain.
Question 10
Mr. Mithun purchased 100 equity shares of M/s Goodmoney Co. Ltd. on 01-04-2005 at
rate of ` 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 01.12.2020.
He has sold all the shares on 01.10.2021 at the rate of ` 4,000 per share through a
recognized stock exchange and paid brokerage of 1% and securities transaction tax of
0.02% to celebrate his 75 birthday. The cost inflation Index are as follows:
2005-06 117
2021-22 317
Compute his total income and tax liability for Assessment Year 2022-23, assuming
that he is having no income other than given above. Fair market value of shares of M/s
Goodmoney Co. Ltd. on 31.1.2018 is ` 2,000.
Question 11
Mr. Malik owns a factory building on which he had been claiming depreciation for the past
few years. It is the only asset in the block. The factory building and land appurtenant
thereto were sold during the year. The following details are available:
Particulars `
Building completed in September, 2009 for 10,00,000
Land appurtenant thereto purchased in April, 2002 for 12,00,000
Advance received from a prospective buyer for land in May, 2003
forfeited in favour of assessee, as negotiations failed 50,000
WDV of the building block as on 1.4.2021 8,74,800
Sale value of factory building in November, 2021 8,00,000
Sale value of appurtenant land in November, 2021 40,00,000
The assessee is ready to invest in long-term specified assets under section 54EC, within
specified time.
384
Compute the amount of taxable capital gain for the assessment year 2022-23 and the
amount to be invested under section 54EC for availing the maximum exemption.
Cost inflation indices are as under:
2002-03 105
2002-03 109
2021-22 317
Question 12
Mr. Martin a resident individual, sold his residential house property on 08-06-2021 for `
70 lakhs which was purchased by him for ` 20,50,000 on 05-05-2006.
He paid `1 lakh as brokerage for the sale of said property. The stamp duty valuation
assessed by sub registrar was ` 100 lakhs.
He bought another house property on 25-12-2021 for ` 15 lakhs.
He deposited ` 5 lakhs on 10-11-2021 in the capital gain bond of National Highway
Authority of India (NHAI).
He deposited another ` 10 lakhs on 10-07-2022 in the capital gain deposit scheme with
SBI for construction of additional floor of house property.
Compute income under the head “Capital Gains” for A.Y. 2022-23 as per Income-tax
Act, 1961 and also income-tax payable on the assumption that he has no other income
chargeable to tax.
Cost inflation index for Financial Year 2006-07: 122 and 2021-22:317
Question 13
Mr. Sarthak entered into an agreement with Mr. Jaikumar to sell his residential house
located at Kanpur on 16.08.2021 for ` 80,00,000.
The sale proceeds were to be paid in the following manner:
(i) 20% through account payee bank draft on the date of agreement.
(ii) 60% on the date of the possession of the property.
(iii) Balance after the completion of the registration of the title of the property.
Mr. Jaikumar was handed over the possession of the property on 15.12.2021 and the
registration process was completed on 14.01.2022. He paid the sale proceeds as per the
sale agreement.
The value determined by the Stamp Duty Authority on 16.08.2021 was ` 90,00,000
whereas on 14.01.2022 it was ` 91,50,000.
Mr. Sarthak had acquired the property on 01.04.2001 for ` 20,00,000. After recovering
385
the sale proceeds from Jaikumar, he purchased another residential house property for `
20,00,000 on 24.3.2022.
Compute the income under the head "Capital Gains" for the Assessment Year 2022 -23.
Cost Inflation Index for Financial Year(s)
2001-02- 100; 2021-22 - 317.
Question 14
Mr. Suraj sold a house to his friend Mr. Ganesh on 18th September, 2021 for a consideration
of ` 42,00,000. On the date of registration stamp duty value of the said property is
` 45,00,000. However, on the date of agreement stamp duty value of the said property
was ` 44,00,000. Mr. Ganesh had paid 10% of the value of the property by way of A/c
payee cheque at the time of agreement. Assume value of land is 70% of the total value
of the property.
What are the tax implications in the hands of Mr. Suraj and Mr. Ganesh for the assessment
year 2022-23? Mr. Suraj had purchased the land on 19th February, 2013 for `9,20,000
and completed the construction of house on 18th January, 2020 for ` 15,50,000.
Cost Inflation Index: F.Y. 2012-13 – 200; F.Y. 2016-17 – 264; F.Y. 2021-22 – 317
Question 15
Mrs. Yuvika bought a vacant land for ` 80 lakhs in May 2004. Registration and other
expenses were 10% of the cost of land. She constructed a residential building on the said
land for ` 100 lakhs during the financial year 2006-07.
She entered into an agreement for sale of the above said residential house with Mr. Johar
(not a relative) in April 2015. The sale consideration was fixed at ` 700 lakhs and on 23-
4-2015, Mrs. Yuvika received ` 20 lakhs as advance in cash by executing an agreement.
However, due to failure on part of Mr. Johar, the said negotiation could not materialise
and hence, the said amount of advance was forfeited by Mrs. Yuvika.
Mrs. Yuvika, again entered into an agreement on 01.08.2021 for sale of this house at `
790 lakhs. She received ` 80 lakhs as advance by cash payment. The stamp duty value
on the date of agreement was ` 835 lakhs. The sale deed was executed and registered on
14-1-2022 for the agreed consideration. However, the State stamp valuation authority
had revised the values, hence, the value of property for stamp duty purposes was ` 870
lakhs. Mrs. Yuvika paid 1% as brokerage on sale consideration received.
Subsequent to sale, Mrs. Yuvika made following investments:
(i) Acquired a residential house at Delhi for ` 130 lakhs on 31.5.2022.
(ii) Acquired a residential house at UK for ` 290 lakhs on 23.3.2021.
386
(iii) Subscribed to NHAI capital gains bond (approved under section 54EC) for `
47 lakhs on 29-3-2022 and for ` 50 lakhs on 12-5-2022.
Compute the income chargeable under the head 'Capital Gains'. The choice of exemption
must be in the manner most beneficial to the assessee.
Cost Inflation Index: F.Y. 2004-05 – 113; F.Y. 2006-07 – 122; F.Y. 2021-22 - 317 .
Question 16
M/s Axel Ltd. has two industrial undertakings. Unit-I is engaged in the production of
television sets and Unit-II is engaged in the production of refrigerators. The company has,
as part of its restructuring program, decided to sell Unit-II as a going concern by way
of slump sale for Rs. 260 lakhs to a new company called M/s Pixel Ltd. in which it holds
85% equity shares. The following is the extract of the balance sheet of M/s Axel Ltd. as
on 31-03-2021 [i.e. opening balance sheet of previous year 2021 – 22]:
Particulars Unit - I Unit – II

(` In lakhs) (` In lakhs)
Fixed Assets 112 158
Debtors 88 67
Inventories 60 23
Liabilities 33 45
Paid-up share capital : ` 231 lakhs

General Reserve : ` 160 lakhs
Share Premium : ` 39 lakhs
Revaluation Reserve : ` 105 lakhs
The company had set up Unit-II on 01-04-2008. The WDV of the block of assets for tax
purpose as on 31-03-2021 is ` 150 lakhs of which ` 60 lakhs is attributable to Unit-II.
Determine what would be the tax liability of M/s Axel Ltd. on account of Slump Sale.
Question 17
The WDV of the block of assets as on 01-04-2021 was ` 5,00,000. An asset of the same
block was acquired on 11-05-2021 for ` 3,00,000. There was a fire on 28-09-2021 and
the assets in the block were destroyed by fire. The assessee received a sum of ` 11,00,000
from the insurance company.
(1) Compute the amount of capital gains assuming:
(a) All the assets were destroyed by fire
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(b) Part of the block was destroyed by fire

(2) What would be your answer if assessee received ` 6,00,000 from insurance company,
assuming:
(a) All the assets were destroyed by fire
(b) Part of the block was destroyed by fire
Question 18
Mr. Bharat sold a house to his friend Mr. Vishal on 1st November, 2021 for a consideration
of ` 25,00,000. The sub-registrar refused to register the document for the said value, as
according to him, stamp duty had to be paid on ` 45,00,000, which was the guideline
value (SDV).
Mr. Bharat preferred an appeal to the Revenue Divisional Officer, who fixed the value of
the house as ` 32,00,000 (` 22,00,000 for land and the balance for the building portion).
The differential stamp duty was paid, accepting the said value determined.
What are the tax implications in the hands of both Mr. Bharat and Mr. Vishal for the A.Y.
2022-23?
Mr. Bharat had purchased the land on 1st June, 2013 for ` 5,00,000 and completed the
construction of the house on 1st December, 2018 for ` 14,00,000. (CII for F.Y. 2013-14:
220, F.Y. 2017-18: 272, F.Y. 2021-22: 317).
Question 19
Mr. A, who transfers land & building on 02-01-2022, furnishes the following information:
(a) Net consideration received ` 18,00,000.
(b) Value adopted by stamp valuation authority, which was not contested by Mr. A, `
22,00,000.
(c) Value ascertained by Valuation Officer on reference by the A.O. ` 25,00,000.
(d) This land was distributed to Mr. A on the partial partition of his HUF on 01-04-
2001. FMV of the land as on 01-04-2001 was ` 1,10,000.
(e) A residential building was constructed on the above land by Mr. A at a cost of `
3,20,000. Construction of this building was completed on 01-12-2005 (during the F.Y.
2005-06).
(f) Brought forward unabsorbed short-term capital loss (incurred on sale of shares
during the F.Y. 2012-13) - ` 75,000
Mr. A seeks your advice as to the amount to be invested in NHAI/RECL bonds so as to be
exempt from clutches of capital gain tax.
(Cost Inflation Index for the F.Y. 2001-02: 100, F.Y. 2005-06: 117, F.Y. 2021-22:317.
388
Question 20
M/s NNM & Co. is a partnership firm, consisting of 3 partners Neil, Nitin and Mukesh. The
firm is dissolved on 31-03-2022. The assets of the firm were distributed to the partners
as under:
Particulars Block of Stock-in-trade Land

Machinery (Given to (Given to
(Given to Nitin) Mukesh)
Neil)
Year of Acquisition 2007-08 2013-14 1999-00
Cost of Acquisition 7,20,000 4,00,000 50,000
Market Value as on 31-03-2022 5,00,000 5,00,000 5,00,000
WDV as on 31-03-2022 4,40,000
Value at which the assets were given to 3,00,000 4,10,000 3,00,000
partners as per the agreement
Market value as on 01-04-2001 75,000
Compute the income taxable in the hands of the firm for the A.Y. 2022-23.
Question 21
Mr. Bhishma purchased 10,000 equity shares of ABC Co. Pvt. Ltd. on 28-02-2010 for `
1,20,000. The company was wound up on 31-07-2021. The following is the summarized
financial position of the company as on 31-07-2021.
Liabilities ` Assets `
60,000 Equity shares 6,00,000 Agricultural Land 42,00,000
General Reserve 40,00,000 Cash at Bank 6,50,000
Provision for Taxation 2,50,000
48,50,000 48,50,000
The final tax liability of the company was ascertained at ` 3,00,000. The remaining assets
were distributed to the shareholders in the proportion of their shareholding. The market
value of 6 acres of agricultural land (in an urban area) as on 31-07-2021 is ` 10,00,000
per acre. The agricultural land received above was sold by Mr. Bhishma on 28-02-2022
for ` 15,00,000. Discuss the tax consequences in the hands of the company & Mr. Bhishma.
(CII for the F.Y. 2009-10: 148; F.Y. 2021-22 : 317).
389
Question 22
Mr. Abdul sells (non-listed) shares in a private sector company on July 11, 2021 for
` 8,05,000 (indexed cost of acquisition: ` 3,03,360, expenses on sale: ` 5,000). On July
10, 2021, he owns one residential house property. To get the benefit of exemption u/s
54F, he deposits on May 30, 2022 ` 6,00,000 in capital gains deposit scheme account. By
withdrawing from the said account, he constructs a new residential house property at
Rajkot on July 6, 2024, for ` 4,80,000. Ascertain:
(a) The amount of capital gain chargeable to tax for the A.Y. 2022-23.
(b) Tax treatment of the unutilised amount in capital gains deposit scheme account.
(c) What Mr. Abdul has to do to in order to ensure that the exemption u/s 54F is never
taken back.
Question 23
Mr. X gives the following information in respect of transfer of Urban Agricultural Land (he
does not own any residential house property):
Date of Transfer of Urban Agricultural Land : July 10, 2021
Date of Purchase of Urban Agricultural Land : June 13, 2003
Sale Consideration of Urban Agricultural Land : ` 36,25,000
Expenses on Transfer of Urban Agricultural Land : ` 25,000
Cost of Acquisition of Urban Agricultural Land : ` 4,75,000
To get the exemption u/s 54F, a residential house property is purchased by X at
Pune:
Date of Purchase of Pune House Property : Oct. 12, 2021
Cost of Acquisition of Pune House Property : ` 28,00,000
X transfers his house property at Pune:
Sale Consideration of Pune House Property : ` 30,00,000
Date of Transfer of Pune House Property : June 20, 2023
Find out the capital gain chargeable to tax in the hands of Mr. X for different A.Y.s.
Question 24
Compute the amount of capital gains in the following cases:
(A) Mr. A commenced business on 01-04-2007. He sold this business on 01-04-2021
and received, ` 5,00,000 towards such goodwill.
(B) Mr. B had acquired a business from Mr. C on 01-04-2009 by paying ` 2,83,500(Indexed
COA=5,21,027) towards goodwill. He sold this business on 01-04-2017 and received
` 10,83,000 towards goodwill.
390
(C) Mr. D is staying in a rented flat since July, 2002. The land lord paid ` 10,00,000 to
Mr. E as a compensation for surrender of tenancy, in June, 2021.
(D) Mr. F purchased tenancy rights on 01-07-2007 for ` 2,50,000 (ICOA=527132). He
transferred the tenancy rights on 01-06-2017 for ` 11,50,000.
(E) Mr. G is a lawyer practicing in Kolkata since July, 2004. He transfers his practice to
Mr. H on 25-09-2021 and charges ` 12,50,000 towards the goodwill.
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HOMEWORK SOLUTIONS
Answer 1
We know that capital gains arise only when we transfer a capital asset. The liability of
capital gains in the situations given above is discussed as follows:
(i) As per the provisions of section 47(iii), transfer of a capital asset under a gift is not
regarded as transfer for the purpose of capital gains. Therefore, capital gains tax
liability does not arise in the given situation.
(ii) As per the provisions of section 47(i), transfer of a capital asset (being in kind) on the
total or partial portion of Hindu undivided family is not regarded as transfer for the
purpose of capital gains. Therefore, capital gains tax liability does not arise in the
given situation.
(iii) As per the provisions of section 47(x), transfer by way of conversion of bonds or
debentures, debenture stock or deposit certificate in any form of a company into
shares or debentures of that company is not regarded as transfer for the purpose
of capital gains. Therefore, capital gains tax liability does not arise in the given
situation.
Answer 2
Section 47(xvi) provides that any transfer of a capital asset in a transaction of reverse
mortgage under a scheme made and notified by the Central Government shall not be
considered as a transfer for the purpose of capital gain.
Accordingly, the mortgaging of residential house with bank by Mr. Abhishek will not be
regarded as a transfer. Therefore, no capital gain will be charged on such transaction.
Further, section 10(43) provides that the amount received by the senior citizen as a loan,
either in lump sum or in installment, in a transaction of reverse mortgage would be
exempt from income-tax. Therefore, the monthly installment amounts received by Mr.
Abhishek would not be taxable.
However, capital gains tax liability would be attracted at the stage of alienation of the
mortgaged property by the bank for the purposes of recovering the loan.
Answer 3
(i) False: As per section 47(xvi), such alienation in a transaction of reverse mortgage
under a scheme made and notified by the Central Government is not regarded as
“transfer” for the purpose of capital gains.
(ii) True: Section 2(42) defines the term ‘short-term capital asset’. Under the proviso
to section 2(42A), zero coupon bond held for not more than 12 months will be
392
treated as a short-term capital asset. Consequently, such bond held for more than
12 months will be a long-term capital asset.
(iii) True: As per section 2(48), ‘Zero Coupon Bond’ means a bond issued by any
infrastructure capital company or infrastructure capital fund or a public sector
company, or Scheduled Bank or on after 1st June 2005, in respect of which no
payment and benefit is received or receivable before maturity or redemption from
such issuing entity and which the Central Government may notify in this behalf.
(iv) False: Only 60% of the income derived from the sale of tea grown and manufactured
by the seller in India is treated as agricultural income and the balance 40% of the
income shall be non-agricultural income chargeable to tax (Rule 8 of Income-tax
Rules, 1962].
Answer 4
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. 2021-22). Profits from business will
also be taxable in the year of sale of the stock-in-trade (P.Y. 2021-22).
The long-term capital gains and business income for the A.Y. 2022-23 are calculated as
under:
Particulars ` `
Profits and Gain from Business or Profession
Sale proceeds of the stock-in-trade 6,50,000
Less: Cost of the stock-in-trade
(FMV on the date of conversion) (4,50,000) 2,00,000
Long Term Capital Gains
Full value of the consideration
(FMV on the date of the conversion) 4,50,000
Less: Indexed cost of acquisition
(` 50,000 x 264/109) (1,21,101) 3,28,899
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 only, since it was held as a capital
asset till then only.
393
Answer 5
Computation of long term capital gain of Mr. Dinesh for the A.Y. 2022-23
Particulars ` `
Full value of consideration (Note 1) 65,00,000
Less: Indexed cost of acquisition – land
(` 7,00,000 x 317/117) (Note 2 & 3) 18,96,581
Indexed Cost of acquisition – building
(` 15,00,000 x 317/ 167) (Note 3) 28,47,305
Indexed Cost of improvement-building
(` 5,00,000 x 317/200) 7,92,500 (55,36,386)
Long-term capital gain 9,63,614
Notes:
1. As per section 50C, where the consideration received or accruing as a result of transfer
of a capital asset, being land or building or both, is less than the value adopted by the
Stamp Valuation Authority, such value adopted by the St amp Valuation Authority
shall be deemed to be the full value of the consideration received or accruing as a
result of such transfer. Accordingly, full value of consideration will be ` 65 lakhs in
this case since the stamp duty value exceeds 110% of the sales consideration.
2. Since Dinesh has acquired the asset by way of gift, therefore, as per section 49(1),
cost of the asset to Dinesh shall be deemed to be cost for which the previous owner
acquired the asset i.e., ` 7,00,000, in this case.
3. Indexation benefit is available since both land and building are long-term capital
assets. However, as per the definition of indexed cost of acquisition under clause (iii)
of Explanation below section 48, indexation benefit for land will be available only
from the previous year in which Mr. Dinesh first held the land i.e., P.Y. 2005-06.
Alternative view: In the case of CIT v. Manjula J Shah 16 Taxmann 42 (Bom.), the
Bombay High court held that indexation cost of acquisition in case of gifted asset
can be computed with reference to the year in which the previous owner first held
the asset. As per this view, the indexation cost of acquisition of land would be
` 21,13,333 and long term capital gain would be ` 7,46,862.
Answer 6
In the given problem, compulsory acquisition of an urban agricultural land has taken
place and the compensation is received after 1.4.2004. This land had also been used for
at least 2 years by the assessee himself for agricultural purposes. Thus, as per section
394
10(37), entire capital gains arising on such compulsory acquisition will be fully exempt
and nothing is taxable in the hands of Mr. Kumar in the year of receipt of compensation
i.e. A.Y. 2022-23.
Answer 7
As per section 10(37), exemption is available if compulsory acquisition of urban agricultural
land takes place. Since the sale is out of own will and desire, the provisions of this section
are not attracted and the capital gains arising on such sale will be taxable in the hands
of Mr. Kumar, since urban agricultural land is a capital asset u/s 2(14).
Answer 8
As per section 10(37), exemption is available only when such land has been used for
agricultural purposes during the preceding two years by such individual or a parent of his
or by such HUF. If the assessee has not used it for agricultural activities, the provisions of
this section are not attracted and the capital gains arising on such compulsory acquisition
will be taxable in the hands of Mr. Kumar in the year of receipt of compensation i.e. A.Y.
2022-23.
Sales consideration 12,00,000
Less: Cost of acquisition 6,00,000 x 184 (11-12)* (10,51,429)
105(02-03)
Long term capital Gain 1,48,571

* Year of compulsory acquisition
Answer 9
Section 10(37) exempts capital gains arising to an individual or a HUF from transfer of
agricultural land by way of compulsory acquisition. If the land belongs to ABC Ltd., a
company, the provisions of this section are not attracted and the capital gains arising on
such compulsory acquisition will be taxable in the hands of ABC Ltd.
395
Answer 10
Computation of total income and tax liability of Mr. Mithun for A.Y. 2022-23.
Particulars (`)
Long term capital gains on sale of original shares
Gross sale consideration (100 x ` 4,000) 4,00,000
Less: Brokerage @1% (4,000)
Net sale consideration 3,96,000
Less: Cost of acquisition (100 x ` 2,000) (Refer note 2) (2,00,000)
Long term capital gains u/s 112A 1,96,000
Short term capital gains on sale of bonus shares
Gross sale consideration (100 X ` 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
Total Income 5,92,000
Tax Liability BASIC TAX (A+B) 24,000
Add: Health and education cess @4% 960
Tax payable 24,960
Notes:
(1) Long-term capital gains exceeding ` 1 lakh on sale of original shares through a
recognized stock exchanges 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., ` 1,000 per share and
- Lower of
Fair market value of such asset as at 31.1.18 i.e., ` 2,000 per share and
Full value of consideration i.e., ` 4,000 per share.
So, the cost of acquisition of original share is ` 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. Since Mr. Mithun is over 60
years of age, he is entitled for a higher basic exemption limit of ` 3,00,000 for A.Y.
2022-23.
396
(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.
Answer 11
Computation of taxable capital gain of Mr. Malik for A.Y. 2022-23
Particulars ` `
Factory building
Sale price of building 8,00,000
Less: WDV as on 1.4.2021 (8,74,800) (-)74,800
Land appurtenant to the above building
Sale value of land 40,00,000
Less: Indexed cost of acquisition (` 11,50,000 x 317/105) (34,71,905) 5,28,095
Long-term capital gains on sale of land 4,53,295
Chargeable long term capital gain
Investment under section 54EC 4,54,000 (in a multiple of 000)

In this case, both land and building have been held for more than 24 months and hence,
are long-term capital assets. Exemption under section 54EC is available if the capital
gains arising from transfer of a long-term capital asset, being land or building or both
are invested in long-term specified assets like bonds of National Highways Authority of
India and Rural Electrification Corporation Ltd. or bonds notified by Central Government
in this behalf, within 6 months from the date of transfer. As per section 54EC, the amount
to be invested for availing the maximum exemption is the net amount of capital gain
arising from transfer of long-term capital asset, which is ` in this case.
Notes:
1. Where advance money has been received by the assessee, and retained by him, as
a result of failure of the negotiations, section 51 will apply. The advance retained
by the assessee will go to reduce the cost of acquisition. Indexation is to be done
on the cost of acquisition so arrived at after reducing the advance money forfeited
i.e. ` 12,00,000 – ` 50,000 = ` 11,50,000. It may be noted that in cases where
the advance money is forfeited during the previous year 2014-15 or thereafter, the
amount forfeited would be taxable under the head “Income from Other Sources”
and such amount will not be deducted from the cost of acquisition of such asset
397
while calculating capital gains.

2. Factory building on which depreciation has been claimed, is a depreciable asset.
Profit / loss arising on sale is deemed to be short-term capital gain/loss as per
section 50, and no indexation benefit is available.
3. Land is not a depreciable asset, hence section 50 will not apply. Being a long-term
capital asset (held for than 24 months), indexation benefit is available.
4. As per section 74, short term capital loss can be set-off against any income under
the head “Capital gains”, long-term or short-term. Therefore, in this case, short-
term capital loss of ` 74,800 can be set-off against long-term capital gain of
` 7,03,333.
Answer 12
Computation of income under the head “Capital Gains” of
Mr. Martin for A.Y. 2022-23
Particulars ` `
Long-term capital gain
Full value of consideration 1,00,00,000
[As per section 50C, in case the actual sale consideration
(i.e., Rs. 70 lakhs, in this case) is less than the stamp duty
value
(i.e., Rs. 100 lakhs, in this case) assessed by the stamp
valuation authority (Sub-registrar, in this case), the stamp
duty
value shall be deemed as the full value of consideration
since it exceeds 110% of the sale consideration)
Less: Expenses in connection with transfer (brokerage paid (1,00,000)
for sale of property) 99,00,000
[ Rs. 20,50,000 x 317/122] (53,26,639) 45,73,361
Less: Exemption under section 54:
- Purchase of new residential house property within
two years from the date of sale of residential house 15,00,000
- Deposit in Capital Gains Account Scheme on or before
the due date of filing of return of income u/s 139(1) for 10,00,000
construction of additional floor on such house property
398
25,00,000
Exemption under section 54EC:
- Investment in capital gains bond of NHAI within
6 months from the date of transfer (i.e., before
8.12.2021) 5,00,000 (30,00,000)
Taxable Capital Gains/Total Income 15,73,361
Total Income (rounded off) u/s 288A 15,73,360
Computation of tax liability for A.Y. 2022-23

Particulars `
Tax on ` 13,23,360 @20% 2,64,672
[i.e. long term capital gain less basic i.e. 15,73,360 (-)
Exemption limit (` 2,50,000 ) = 13,23,360]
Add: Health and education cess @ 4% 10,587
Tax payable
Tax payable (rounded off) 2,75,260
Note: Exemption under section 54 is available in respect of reinvestment of capital

gains on sale of residential house in one residential house in India. In this case,
exemption would be available for amount invested in purchase of new residential house
and amount deposited for construction of additional floor in the same house, since they
together constitute one residential house.
Answer 13
Computation of income chargeable under the head “Capital Gains” for A.Y. 2022-23.
Particulars `
Capital Gains on sale of residential house
Actual sale consideration ` 80 lakhs
Value adopted by Stamp Valuation Authority ` 90 lakhs
Full value of sale consideration [Higher of the above] 90,00,000
[As per section 50C, where the actual sale consideration declared by
the assessee on the date is less than the value adopted by the Stamp
Valuation Authority for the purpose of charging stamp duty, and such
stamp duty value exceeds 110% of the actual sale consideration then,
the value adopted by the Stamp Valuation Authority shall be taken to be
the full value of consideration. In a case where the date of agreement is
399
different from the date of registration, stamp duty value on the

date of agreement can be considered provided the whole or part of the
consideration is paid by way of account payee cheque/bank draft or by
way of ECS through bank account on or before the date of agreement.
In this case, since 20% of Rs. 80 lakhs is paid through account payee
bank draft on the date of agreement, stamp duty value on the date
of agreement can be adopted as the full value of consideration]
Less: Indexed cost of acquisition of residential house
Rs. 20 lakhs x 317/100] (63,40,000)
Long-term capital gains [Since the residential house property was held by
Mr. Sarthak for more than 24 months immediately preceding the date
of its transfer] 26,60,000
Less: Exemption u/s 54 (20,00,000)
The capital gain arising on transfer of a long-term residential property
shall not be chargeable to tax to the extent such capital gain is invested
in the purchase of one residential house property in India within one
year before or two years after the date of transfer of original asset.
Long term capital gains chargeable to tax 6,60,000
Answer 14
In the hands of the seller, Mr. Suraj
As per section 50C, where the consideration received or accruing as a result of transfer
of land or building or both, is less than the value adopted or assessed or assessable by
the stamp valuation authority, the value adopted or assessed or assessable by the
stamp valuation authority shall be deemed to be the full value of consideration received
or accruing as a result of transfer.
However, where the date of registration and date of agreement are not the same and
part or whole of the consideration is received by way of A/c payee cheque or A/c payee
bank draft or by use of ECS on or before the date of agreement, then stamp duty value
on the date of agreement may be taken to be the full value of consideration.
Further, where the stamp duty value on the date of agreement or registration, as the case
may be, does not exceed 110% of the amount of consideration received or receivable then
the consideration so received would be deemed to be the full value of the consideration.
In the present case, since Mr. Suraj has received 10% of the consideration by way of A/c
payee cheque on the date of agreement, the stamp duty value of ` 44,00,000 on the date
of agreement would be taken for the purpose of computing full value of consideration.
400
Further, since the stamp duty of land and building of ` 44,00,000 does not exceed
` 46,20,000 i.e., 110% of ` 42,00,000, the consideration received i.e., ` 42,00,000 in
respect of land and building would be deemed to be the full value of consideration.
In the given problem, land has been held for a period exceeding 24 months and building
for a period less than 24 months immediately preceding the date of transfer. So land is a
long-term capital asset, while building is a short-term capital asset.
Accordingly, capital gains would be determined in the following manner:
Particulars `
Long term capital gain on sale of land
Consideration received or accruing as a result of transfer of land
[70% of ` 42,00,000] 29,40,000
Less: Indexed cost of acquisition ` 9,20,000 x 317/200 (14,58,200)
Long-term capital gain (A) 14,81,800
Short-term capital loss on sale of building
Consideration received or accruing from transfer of building [30% of `
42,00,000] 12,60,000
Less: Cost of acquisition (15,50,000)
Short term capital loss (B) (2,90,000)
As per section 70(2), short-term capital loss can be set-off against long-term capital
gains. Therefore, the net taxable long-term capital gains would be ` 11,91,800
(i.e., ` 14,81,800 – ` 2,90,000). The same would be taxable @ 20% under section
112, after adjusting un-exhausted basic exemption limit, if any, against such long term
capital gain.
In the hands of the buyer Mr. Ganesh
As per section 56(2)(x), where any person receives from a non-relative, any immovable
property for a consideration which is less than the stamp duty value on the date of
agreement or date of registration as the case may be, and the difference between actual
consideration and stamp duty value so considered is more than the higher of ` 50,000 or
10% of the consideration so received, then the difference between such value and actual
consideration of such property is chargeable to tax as income from other sources.
Where the date of registration and date of agreement are not the same and part or
whole of the consideration is paid by way of A/c payee cheque or A/c payee bank
draft or by use of ECS on or before the date of agreement, then stamp duty value on the
date of agreement may be taken for the purpose of determining income taxable under
the head “Income from other sources”.
401
Since in the present case, Mr. Ganesh has paid 10% of the consideration by way of A/c
payee cheque, the stamp duty value on the date of agreement has to be taken. Further,
since the difference of ` 2,00,000 is not more than ` 4,20,000 being higher of ` 50,000
and ` 4,20,000 (10 % of ` 42,00,000), no income would be chargeable to tax as income
from other sources in the hands of Mr. Ganesh.
Answer 15
Computation of income chargeable under the head “Capital Gains” for A.Y.2022 -23
Particulars ` `
(in lakhs) (in lakhs)
Capital Gains on sale of residential building 870.00
Actual sale consideration ` 790 lakhs
Value adopted by Stamp Valuation Authority ` 870 lakhs
Gross Sale consideration
[Where the actual sale consideration declared by the
assessee on the date is less than the value adopted by
the Stamp Valuation Authority for the purpose of charging
stamp duty, and such stamp duty value exceeds 110% of
the actual sale consideration then, the value adopted by
the Stamp Valuation Authority shall be taken to be the full
value of consideration as per section 50C.
However, where the date of agreement is different from
the date of registration, stamp duty value on the date of
agreement can be considered provided the whole or part
of the consideration is received by way of account payee
cheque/bank draft or by way of ECS through bank account
on or before the date of agreement.
In this case, since advance of ` 80 lakh is received by cash,
stamp duty value on the date of agreement cannot be
adopted as the full value of consideration. Stamp duty
value on the date of registration would be considered for
determining the full value of consideration, since such
value exceeds 110% of ` 790 lakhs]
Less: Brokerage@1% of sale consideration
(1% of ` 790 lakhs) (7.90)
Net Sale consideration 862.10
402

- Cost of vacant land, ` 80 lakhs, plus registration
and other expenses i.e., ` 8 lakhs, being 10% of cost
of land [` 88 lakhs × 317/113] (246.87)
- Construction cost of residential building
(` 100 lakhs x 317/122) (259.84)
Long-term capital gains before exemption 355.39
Less: Exemption under section 54 (130.00)
The capital gain arising on transfer of a long-term
residential property shall not be chargeable to tax to the
extent such capital gain is invested in the purchase of
one residential house property in India one year before
or two years after the date of transfer of original asset.
Therefore, in the present case, the exemption would be
available only in respect of the residential house acquired
at Delhi and not in respect of the residential house in UK
Less: Exemption under section 54EC (50.00)
Amount deposited in capital gains bonds of NHAI within
six months after the date of transfer (i.e., on or before
13.7.2022), of long-term capital asset, being land
or building or both, would qualify for exemption, to the
maximum extent of ` 50 lakhs, whether such investment is
made in the current financial year or subsequent financial
year.
Therefore, in the present case, exemption can be availed
only to the extent of ` 50 lakh out of ` 97 lakhs, even if the
both the investments are made on or before 13.7.2022
(i.e., within six months after the date of transfer).
Long term capital gains chargeable to tax 175.39
Note: Advance of ` 20 lakhs received from Mr. Johar, would have been chargeable to tax
under the head “Income from other sources”, in the A.Y. 2016-17, as per section 56(2)(ix),
since the same was forfeited on or after 01.4.2014 as a result of failure of negotiation.
Hence, the same should not be deducted while computing indexed cost of
acquisition.
Since the residential house property was held by Mrs. Yuvika for more than 24 months
403
immediately preceding the date of its transfer, the resultant gain is a long-term capital
gain.
Answer 16
Name of the Assessee: M/s Axel Ltd.
Status: Indian Company - Resident PAN:_________________
P.Y. : 2021-22 A.Y. : 2022-23
Computation of Capital Gains from Slump Sale:
Particulars Amount
(` In lakhs)
Full Value of Consideration (Lumpsum Sale Consideration) 2,60,00,000
Less: Cost of Acquisition (Net Worth as per section 50B) - (Note 1) (1,05,00,000)
Long-term capital gains 1,55,00,000
Note:
(1) Computation of Net Worth of Unit - II as per section 50B:
Particulars Amount
WDV of the Block of Fixed Assets 60,00,000
Debtors 67,00,000
Inventories 23,00,000
Total Assets 1,50,00,000
Less: Outside Liabilities (45,00,000)
Net Worth 1,05,00,000
(2) The capital gain arising on sale of Unit - II shall be treated as long-term capital
gain because it is held by M/s Axel Ltd. for more than 36 months before its transfer.
However, benefit of indexation shall not be granted as per the provisions of section
50B.
(3) As per the provisions of section 50B, any change in the book values of assets as
appearing in the balance sheet on account of revaluation of such assets shall be
ignored for the purposes of computing the Net Worth.
Hence, the Revaluation Reserve amounting to ` 105 lakhs appearing in the question
would be in relation to the book value of the fixed assets and not in relation to the
WDV of such assets, therefore the revaluation figure is to be ignored.
404
(4) Further, the values of Paid-up share capital, General Reserve & Share Premium as
given in the question are to be ignored while computing the amount of net worth as
the net worth is to be computed by following the method prescribed u/s 50B only.
Answer 17
(1) (a) If all the assets in the block are destroyed by fire:
Particulars `
WDV at the beginning of the year 5,00,000
Add: Additions during the year 3,00,000
Value of the Block (Deemed COA as per section 50) 8,00,000
Less: Insurance Claim received from the insurance (11,00,000)
company
[Deemed FVC as per section 45(1A)]
Short-term capital gains (3,00,000)
Note:
Since, all the assets in the block were destroyed by fire and the money received from the
insurance company is more than the value of block, the difference of ` 3,00,000 is to be
considered as a short-term capital gains.
(1) (b) If only part of the block was destroyed by fire:

Computations shall be made in the same manner as made above in (1)(a).
However, in such case, the block will continue to exist and the WDV of the block
shall be taken to be NIL in the next year.
(2) (a) If all the assets in the block are destroyed by fire:
Particulars `
Add: Additions during the year 3,00,000
Value of the Block (Deemed COA as per section 50) 8,00,000
Less: Insurance Claim received from the insurance company (6,00,000)
[Deemed FVC as per section 45(1A)]
Short-term capital loss 2,00,000
Note: Since, all the assets in the block were destroyed by fire, the difference of Rs. 2,00,000
between the value of block and the money received from insurance company, is to be
considered as a short-term capital loss.
405
(2) (b) If only part of the block was destroyed by fire:

Particulars `
Additions during the year 3,00,000
Value of the Block 8,00,000
Less: Money Received from the Insurance Company (6,00,000)
WDV for the purpose of charging depreciation 2,00,000
Less: Depreciation @ 15% (Assumed) (30,000)
WDV as on 31st March, 2022 1,70,000
Note:
Since the block does not cease to exist as there are assets still remaining in the block with
a value of ` 2,00,000. The remaining value shall qualify for charge of depreciation and
shall not be treated as short-term capital loss in the hands of the assessee.
Answer 18
Tax treatment in the hands of the seller, Mr. Bharat:
As per the provisions of section 50C, where the value adopted or assessed or assessable
by the stamp valuation authority of land or building or both, is more than 110% of
consideration received or accruing as a result of transfer, the value adopted or assessed
or assessable by the stamp valuation authority shall be deemed to be the full value of
consideration received or accruing as a result of transfer.
Further, where the assesse appeals against the stamp valuation and the value is reduced
in appeal by the appellate authority (Revenue Divisional Officer, in this case), such value
will be regarded as the consideration received or accruing as a result of transfer.
In the instant case, land has been held for a period exceeding 24 months and building for
a period less than 24 months immediately preceding the date of their transfer. So land is
a long-term capital asset, while building is a short-term capital asset.
Computation of ‘Capital Gains’ in the hands of Mr. Bharat for the A.Y. 2022-23:
Particulars `
Long-term capital gain on sale of Land:
Full Value of Consideration (SDV determined by the Revenue
Divisional Officer, as per the above discussion) 22,00,000
Less: Indexed Cost of Acquisition [` 5,00,000 x 317/220] (7,20,455)
Long-term capital gain (A) 14,79,545
Short-term capital loss on sale of Building:
406
Full Value of Consideration (SDV determined by the Revenue

Divisional Officer, as per the above discussion) 10,00,000
Less: Cost of Acquisition (14,00,000)
Short-term capital loss (B) (4,00,000)
Taxable long-term capital gains (A) + (B) 10,79,545
Tax treatment in the hands of the buyer, Mr. Vishal:

As per section 56(2)(x), where any person, receives during the P.Y., from a non-relative,
any immovable property for a consideration which is less than the SDV (or the value
as reduced by the appellate authority, as in this case) by an amount exceeding 10% of
actual consideration or ` 50,000 whichever is higher, then the difference between such
SDV and the actual consideration of such immovable property is chargeable to tax as the
income from ‘Other Sources’ of the recipient. Therefore, ` 7,00,000 [i.e. ` 32,00,000 (-)
` 25,00,000] would be taxable as income from ‘Other Sources’ u/s 56(2)(x) in the hands
of Mr. Vishal.
Answer 19
Name of the Assessee: Mr. A
Status: Individual – ROR PAN:_________________
P.Y. : 2021-22 A.Y. : 2022-23
Computation of Income under the head ‘Capital Gains’:
Particulars `
Full Value of Consideration - (Note 1 & 2) 22,00,000
Less: Expenses on transfer (NIL)
Net Consideration 22,00,000
Less: Indexed Cost of Acquisition:
Land: [` 1,10,000 (×) 317/100] - (Note 3) (3,48,700)
Building: ` 3,20,000 (x) 317/117] (8,67,009)
Long-term capital gains 9,84,291
Less: Set-off of Brought forward short-term capital loss of the F.Y. (75,000)
2012-13 - (Note 4)
Balance long-term capital gains (to be invested in Bonds of
NHAI/RECL) - (Note 5) 9,09,291
407
Note:
(1) As per the provisions of section 50C, where the consideration received or accruing
as a result of transfer of any land or building or both, is less than the SDV adopted
or assessed or assessable by the Stamp Valuation Authority and stampduty exceed
110% old actual consideration and the same is not challenged by the assesse, then,
such SDV so adopted or assessed or assessable, shall be deemed to be the full value
of the consideration received or accruing as a result of such transfer. Accordingly, the
full value of consideration shall be ` 22,00,000 in this case.
(2) Further, as per section 50C, where the valuation is referred by the A.O. (AO) to
Valuation Officer (VO) and the value ascertained by such VO exceeds the SDV
adopted or assessed or assessable by the Stamp Valuation Authority, then, the SDV
so adopted or assessed or assessable shall only be taken as the full value of the
consideration received or accruing as a result of the transfer. Since the value as
ascertained by the VO (i.e. ` 25,00,000) is higher than the SDV adopted by the Stamp
Valuation Authority (i.e. ` 22,00,000), the full value of consideration in this case is `
22,00,000.
(3) As per the provisions of section 49(1), cost of land which is acquired by the member
on partition of HUF is the cost to the previous owner (i.e. HUF). Since date and cost
of acquisition to the previous owner are not given, FMV as on 01-04-2001 is taken
as the cost and accordingly indexed.
(4) Brought forward short-term capital loss can be set-off against any capital gains i.e.
short-term as well as long-term capital gains, for eight A.Y.s immediately following
the A.Y. for which such loss was first computed. Hence, the short-term capital loss
for the F.Y. 2012-13 (A.Y. 2013-14) amounting to ` 75,000 has been adjusted against
the long-term capital gain computed during the F.Y. 2021-22 (A.Y. 2022-23).
(5) As per section 54EC, an assessee can avail exemption in respect of capital gains
arising on transfer of any long-term capital asset, if such capital gains are invested
in the bonds of NHAI or RECL redeemable after 3 years. However, such investment
is required to be made within a period of 6 months from the date of transfer of the
original asset. The exemption shall be the amount of capital gain or the amount of
such investment made, whichever is less.
408
Answer 20
Computation of short-term capital gain on transfer of Block of Machinery to Neil:
Particulars `
Full Value of Consideration
[FMV as on the date of distribution/s 45(4)] 5,00,000
Less: Cost of Acquisition (WDV of the Block of Machinery u/s 50) (4,40,000)
Short-term capital gains 60,000
Computation of Business Income on transfer of stock-in-trade to Nitin:

Particulars `
Selling Price of the stock-in-trade (FMV as on the date of distribution) 5,00,000
Less: Cost Price of the stock-in-trade (4,00,000)
Business Income 1,00,000
Computation of long-term capital gain on transfer of Land to Mukesh:

Particulars `
Full Value of Consideration
[FMV as on the date of distribution, u/s 45(4)] 5,00,000
Less: Indexed Cost of Acquisition [75,000 (x) 317/100] (2,37,750)
Answer 21
Tax treatment in the hands of the Company:
As per the provisions of section 46(1), distribution of capital assets amongst the
shareholders on liquidation of the company is not regarded as ‘transfer’ in the hands of
the company. Consequently, there will be no capital gains in the hands of the company.
Tax treatment in the hands of Mr. Bhishma (shareholder):
As per the provisions of section 46(2) capital gains chargeable in the hands of the
shareholder shall be computed in the following manner:
Particulars `
409
Mr. Bhishma holds 1/6th of the shareholding of the company

FMV of the agricultural land received (1 acre @ ` 10 lakhs) 10,00,000
Cash at Bank - [1/6th of (` 6,50,000 - ` 3,00,000)] 58,333
Total Distribution on Liquidation
Less: Deemed Dividend u/s 2(22)(c) - 10,58,333
[1/6th of (` 40,00,000 - ` 50,000—Excess of provision for taxation)] (6,58,333)
Consideration for computing capital gain 4,00,000
Less: Indexed Cost of Acquisition of Shares -
[` 1,20,000 (x) 317/148] (2,57,027)
Note:
(1) Dividend u/s 2(22)(c) amounting to ` 6,58,333 shall be taxable u/s 56 in the hands
of Mr. Bhishma.
(2) The tax liability ascertained at ` 3,00,000 has to be reduced from Bank Balance
while computing the value of consideration u/s 46(2). ` 50,000, being the difference
between ` 3,00,000 and ` 2,50,000, has to be reduced from General Reserve for
calculating deemed dividend u/s 2(22)(c).
(3) As per the provisions of section 55(2)(b), where the capital asset became the property
of the assesse on the distribution of the capital assets of a company on its liquidation
and the assesse has been assessed to capital gains in respect of that asset u/s 46,
the cost of acquisition of such asset means the FMV of the said asset as on the date
of distribution i.e. 10,00,000.
Hence, the short-term capital gains in the hands of Mr. Bhishma (shareholder) at the
time of sale of urban agricultural land would be computed as follows:
Particulars `
Full Value of Consideration of Land - (Sale Proceeds) 1,500,000
Less: COA of Land -
(FMV of the agricultural land as on the date of distribution) (10,00,000)
Short-term capital gain 5,00,000
Answer 22
(a) The amount of capital gain chargeable to tax for the A.Y. 2022-23:
Name of the Assessee: Mr. Abdul
Status: Individual - ROR PAN:_________________
P.Y. : 2021 - 22 A.Y. : 2022-23
410

Particulars `
Less: Expenses on transfer (5,000)
Less: Indexed Cost of Acquisition (3,03,360)
Gross long-term capital gains 4,96,640
Less: Exemption u/s 54F -
[` 6,00,000 / ` 8,00,000 (x) ` 4,96,640] (3,72,480)
Taxable long-term capital gains 1,24,160
(b) Tax treatment of the unutilised amount in capital gains deposit scheme account.
` 4,80,000 was utilised out of the capital gains deposit scheme account to construct
a residential house property within the prescribed time limit of 3 years from the
date of transfer. However, ` 1,20,000 could not be utilised and this amount remains
unutilised in the said account on the expiry of 3 years from the date of transfer.
Hence, amount of exempt long-term capital gains i.e. ` 74,496 [` 1,20,000 /
` 6,00,000 (x) 3,72,480] which relates to ` 1,20,000 shall be chargeable to tax as
long-term capital gain after the expiry of 3 years from date of transfer of shares.
Consequently, the said amount shall be taxable in the P.Y. 2024-25 i.e. A.Y. 2025-26.
(c) If Mr. Abdul sells the new house at Rajkot within 3 years from its date of acquisition,
then ` 2,97,984 [i.e. ` 3,72,480 (-) ` 74,496 being exemption u/s 54F] shall be treated
as long-term capital gain of the year in which such house is sold.
Further, if Mr. Abdul purchases any other residential house within a period of 2
years from the date of transfer of shares or constructs any other residential within a
period of 3 years from the date of transfer of shares, then ` 2,97,984 [i.e. ` 3,72,480
(-) ` 74,496 being exemption u/s 54F] shall be treated as long-term capital gain of
the year in which another house is purchased or constructed.
Hence, in order to ensure that the exemption u/s 54F is never taken back, Mr. Abdul
has to ensure that he does not sell the new residential house property acquired
by him at Rajkot within 3 years from the date of its acquisition. Further, he has to
also ensure that he does not purchase another house property within a period of 2
years from the date of transfer of original asset or does not construct another house
property within a period of 3 years from the date of transfer of original asset.
411
Answer 23
Name of the Assessee: Mr. X
Status: Individual - ROR PAN:_________________
P.Y. : 2021-22 A.Y. : 2022-23
Particulars `
Full Value of Consideration (Sale Consideration) 36,25,000
Less: Expenses on transfer (25,000)
Net Sale Consideration 36,00,000
Less: Indexed Cost of Acquisition - [` 4,75,000 (x) 317/109] (13,81,422)
Gross long-term capital gain 22,18,578
Less: Exemption u/s 54F:
[Amount of investment in new residential house property
(x) Amount of long-term capital gain (÷) Net Consideration] (17,25,561)
[i.e. ` 28,00,000 (x) ` 22,18,578 (÷) ` 36,00,000]
Long-term capital gain 4,93,017
Note:
If the assessee transfers the new residential house property within a period of 3 years
from the date of its acquisition then, the long-term capital gain exempted u/s 54F shall
be revoked. In such case, the exemption granted u/s 54F shall be deemed to be the long-
term capital gains for the P.Y. in which the new residential house property is transferred
by the assessee.
Since, Mr. X has transferred the new residential house property at Pune within 3 years
from the date of its purchase, hence, the exemption granted u/s 54F, shall be revoked.
Computation of capital gains for the A.Y. 2024-25:
Particulars `
Full Value of Consideration of house at Pune 30,00,000
Less: Cost of Acquisition of the house at Pune (28,00,000)
Short-term capital gain on transfer of Pune house 2,00,000
Long-term capital gain - (as the new residential house property
at Pune is transferred within 3 years from the date of its purchase, 17,25,561
exemption u/s 54F shall be taken back)
412
Answer 24
Computation of Capital Gains:
Particulars Case A Case B Case C Case D Case E
FVC 5,00,000 10,83,000 10,00,000 11,50,000 12,50,000
(Sale Consideration)
Less: Expenses on transfer
Net Sale Consideration 5,00,000 10,83,000 10,00,000 11,50,000 12,50,000
Less: Indexed (NIL) (5,21,027) (NIL) (5,27,132) (N.A.)**
Cost of Acquisition-
(Note)
Long-term capital gain 5,00,000 5,61,973 10,00,000 6,22,868 No CG**
Note:
** In the case of CIT v/s B.C. Srinivasa Shetty, the Hon’ble Supreme Court has held that the
no capital gain would arise in the case of self-generated assets as the cost of acquisition
in such cases cannot be determined. Hence, no capital gain would arise in the case of
transfer of goodwill of a profession. Also, for this asset, the cost of acquisition cannot be
taken as NIL, as the same is not specified u/s 55(2)(a).
However, as per the provisions of section 55(2)(a), the cost of acquisition of goodwill of a
business or tenancy right has to be taken as NIL and the decision of the Hon’ble Supreme
Court in the case of CIT v/s B.C. Srinivasa Shetty shall not be applicable in such cases.
Therefore, on transfer of these assets, capital gains would arise and shall be chargeable
to tax in the hands of the assessee.
413
INCOME UNDER THE

HEAD OTHER SOURCES
Provisions to be studied under the head ‘Other Sources’
Section 56 Section 57 Section 58 Section 59

Basis of Deductions Disallowances Deemed Incomes
Charge available under under the head under the head
the head ‘Other ‘Other Sources ‘Other Sources
Sources

This is the last and the residuary head of income under the Income Tax Act, 1961.
Chargeability of income under this head is discussed here under:
Section 56(1) Section 56(2)
General Charge Specific Charge

An income shall be charged Following incomes shall always be taxable under the head
to tax under the head ‘Other ‘Other Sources’:
Sources’ if: (1) Dividends - [Section 56(2)(i)]
- such income is not exempt (2) Casual Incomes (i.e. Winnings) - [Section 56(2)(ib)]
under the Income Tax (3) Any sum received by the assessee from his
Act, 1961; employees as a contribution to any provident fund,
and superannuation fund or any other fund for the
- it is not taxable under any welfare of the employees
of the other four heads of (if not taxable under the head ‘PGBP’) - [Section 56(2)
income. (ic)]
414
For example: (4) Interest on securities

- Interest on deposits or (if not taxable under the head ‘PGBP’) - [Section 56(2)
loans (id)]
- Directors’ sitting fees or (5) Rental income from plant, machinery or furniture
board meeting fees (if not taxable under the head ‘PGBP’) - [Section 56(2)
(ii)]
(6) Composite rent from letting out plant, machinery or
furniture along with building and the two lettings
are not separable
(if not taxable under the head ‘PGBP’) - [Section 56(2)
(iii)]
(7) Any sum received under Keyman Insurance Policy
(if not taxable under the head ‘PGBP’ or ‘Salary’) -
[Section 56(2)(iv)]
- Insurance commission (8) Consideration received on issue of shares by a
- Agricultural income closely held company from any resident in excess
from any land situated of the FMV of the shares if the amount of such
outside India consideration exceeds the face value of the shares
- Rent from an open plot - [Section 56(2)(viib)]
or vacant land (9) Interest on compensation or enhanced compensation
- Royalty income received on compulsory acquisition of a capital
- Rent from sub-letting asset - [Section 56(2)(viii)]
etc. (10) Any sum received as advance or otherwise in the
course of negotiations for transfer of a capital asset
where such sum is forfeited and the negotiations
do not result in actual transfer - [Section 56(2)(ix)]
(11) Any sum of money or property received without
consideration or for inadequate consideration by
any person - [Section 56(2)(x)]
(12) Any compensation or other payment, due to
or received by any person, in connection with
termination of his employment or the modification
of the terms and conditions relating thereto -
[Section 56(2)(xi)]
415
Incomes under the head ‘Other Sources’ and their tax treatment - [Section 56]
Dividends - [Section 56(2)(i)]

The term ‘dividend’ under the Income Tax Act, 1961 has a wider scope and meaning than
what is normally understood.
Normally, there are two types of dividends viz. final dividend and interim dividend.
However, the Income Tax Act, 1961 treats certain specific payments or distributions made
by a company to its shareholders as dividends [also known as deemed dividends as per
section 2(22)(a) to (e)].
These all dividend are taxable in the hands of share holder.
Deemed Dividends u/s 2(22)(a) to (e)

According to section 2(22), the following receipts are deemed to be dividend:
 Distribution of entailing the release of company’s assets - [Section 2(22)(a)]:
Any distribution entailing the release of all or any part of its assets by a company to
its shareholders shall be deemed to be dividend in the hands of such shareholders.
Market value of the assets distributed as on the date of such distribution shall be
considered as deemed dividend, to the extent of accumulated profits.
 Distribution of debentures, deposit certificates to shareholders and bonus shares to
preference shareholders - [Section 2(22)(b)]:
Any distribution by a company to its shareholders of debentures, debenture stock or
deposit certificate in any form, whether with or without interest and any distribution
of bonus shares to preference shareholders, to the extent of accumulated profits,
shall be deemed as dividend.
The market value of such bonus shares is deemed as dividend in the hands of the
preference shareholder.
In the case of debentures, debenture stock etc. their value is to be taken at the market
rate and if there is no market rate they should be valued according to accepted
principles of valuation.
Note:
Bonus shares given to equity shareholders are not treated as dividend.
 Distribution on liquidation - [Section 2(22)(c)]:

Any distribution made to its shareholders by a company on its liquidation, to the
extent of accumulated profits of the company immediately before its liquidation,
shall be deemed to be dividend.
416
 Distribution on reduction of capital -[Section 2(22)(d)]:

Any distribution to its shareholders by a company on the reduction of its capital to
the extent of accumulated profits, shall be deemed to be dividend.
Exception:
Any payment made by a company on purchase of its own shares (i.e. buyback
of own shares) from a shareholder in accordance with the provisions of section
58 of the Companies Act, 2013.
 Advance or loan by a closely held company to its shareholder -[Section 2(22)(e)]:

Any payment made
- by a company in which the public are not substantially interested,
- of any sum by way of advance or loan,
- to any shareholder who is the beneficial owner of 10% or more of the equity
capital of such company
shall be deemed to be dividend to the extent of the accumulated profits.
Any Advance or loan by a closely held company to a specified concern -[Section 2(22)(e)]:
Any payment made;
- by a company in which the public are not substantially interested,
- to any concern (i.e. HUF/ Firm/ AOP/ BOI/ Company),
- in which a shareholder, having the beneficial ownership of atleast 10% of the
equity shares is a member or a partner;
- and in which he has a substantial interest (i.e. atleast 20% share of the income
of the concern)
shall be deemed to be dividend to the extent of the accumulated profits.
Also, any payments by such a closely held company on behalf of or for the individual benefit of
any such shareholder shall also be deemed to be dividend to the extent of accumulated profits.
Exceptions:
The following payments or loan given would not be deemed as dividend:
- If the loan is granted in the ordinary course of its business and lending of money is
a substantial part of the company’s business, the loan or advance to a shareholder
or to the specified concern shall not be deemed to be dividend.
- Where a loan had been treated as dividend and subsequently, the company
declares and distributes dividend to all its shareholders including the borrowing
shareholder, and the dividend so paid is set-off by the company against the
previous borrowing, the adjusted amount shall not be again treated as a dividend.
417
Note:
Accumulated Profits
for Section 2(22)(c)

for Section 2(22)(a), (b), (d) and (e)
All profits of the company up to All profits of the company up to

the date of distribution or payment the date of liquidation whether
of dividend whether capitalised capitalised or not.
or not.
Other Important Notes

(1) Dividend received from a foreign company is always taxable under the head ‘Other
Sources’ in the hands of ROR, whether received in India or outside. However, it will
be taxable in the hands of RNOR or NR only when it is received in India.
(2) Dividends from a co-operative society received by its members shall also be
chargeable to tax under the head ‘Other Sources’.
(3) Further, section 8 provides the basis of charge for dividends, which is as follows:

Final Dividend Interim Dividend Deemed Dividends

Income of the Income of the previous year in Income of the previous

previous year in which it is unconditionally made year in which it is paid
which it is declared available to the shareholder (i.e. or distributed to the
received by the shareholder) shareholder
Winnings Income - [Section 56(2)(ib)]

Casual incomes like winnings from lotteries, crossword puzzles, races including horse
races, card games and other games of any sort, gambling, betting etc. shall be
Fully Taxable under the head ‘Other Sources’
418
Note:
(1) Section 115BB provides that gross winnings income is chargeable to tax @ 30% (plus
surcharge & cess).
And section 194B and 194BB further provides that tax shall be deducted at source @
30% if gross winnings exceeding Rs. 10,000.
Therefore, if net amount of winnings is given then, net amount shall be first grossed
up & such amount is charged to tax i.e.:
Net Amount of Winnings xx
Add: Tax Deducted at Source u/s 19B or 194BB xx
Gross Amount of Winnings xx

Taxable under the head ‘Other Sources’
(2) No expenditure or allowance shall be allowed from such income. Further, no losses
can be set-off against winnings income.
(3) Deduction under Chapter VI-A shall not be allowed from such income.
(4) Adjustment of unexhausted basic exemption limit is also not permitted against such
income.
Any sum received by the assessee from his employees as contribution to any provident
fund, superannuation fund or any other fund for the welfare of the employees - [Section
56(2)(ic)]
Taxable under the head ‘Other Sources’ (if not taxable under the head ‘PGBP’
Note:
The amount to the extent deposited in the respective funds on or before the due dates as
mentioned under the respective Acts shall be allowed as a deduction u/s 57.
419
Interest Income
Interest on Interest on Interest on Interest on

securities (i.e. loans & compensation/ compensation/
debentures, advances enhanced enhanced
bonds, govt. or deposits compensation on compensation on
securities etc.) with banks or compulsory acquisition compulsory acquisition
[Section 56(2) companies of a capital asset of a capital asset
(id)] [Section 56(1)] [Section 56(2)(viii)] [Section 56(2)(viii)]
Taxable under Taxable Taxable Fully Exempt

the head ‘Other under the under the u/s 10(15)
Sources’ head ‘Other head ‘Other
(if not taxable Sources’ Sources’
under the head (Refer Note 2)
‘PGBP’)
(Refer Note 1)
Note:
(1) If the securities are held as stock in trade, then the interest received thereon shall be
taxable under the head of ‘PGBP’. However, if the securities are held as investments, then
the interest shall be taxed under the head ‘Other Sources’.
(2) Interest on compensation/enhanced compensation on compulsory acquisition of a
capital asset, shall always be taxable on receipt basis, subject to standard deduction u/s
57 @ 50% of the interest received.
(3) Specified Securities/Investments:
Interest received on the following securities or investments shall be fully exempt u/s
10(15):
(1) Gold Bonds, Gold Deposit Bonds issued under Gold Deposit Scheme, 1999,
Deposit Certificates issued under the Gold Monetization Scheme, 2015
Note:
Interest on Sovereign Gold Bonds (SGBs) is however, taxable under the
head ‘Other Sources’.
420
(2) National Savings Annuity Certificates, National Defence Gold Bonds, National
Plan Certificates, National Plan Savings Certificates
(3) Post Office Cumulative Time Deposit Account, Post Office Cash Certificates,
Post Office Savings Deposit Account. However, Interest on Post Office Savings
Deposit Account shall be exempt u/s 10(15):
- to the extent of maximum Rs. 3,500 (in case of an individual account); and
- to the extent of maximum Rs. 7,000 (in case of a joint account).
(4) National Relief Bonds, State Relief Bonds, RBI Relief Bonds
(5) Special Bearer Bonds, 1991
(6) Treasury Savings Deposit Certificates
(7) 7% Capital Investment Bonds
(8) Issued by a Local Authority/State Pooled Finance Entity
(9) Notified Bonds or Debentures of any Public Sector Company subject to certain
conditions. Accordingly, the Central Government has notified:
Tax-free Bonds issued by India Infrastructure Company Ltd.
Tax-free, Secured, Redeemable, Non-Convertible Bonds of the Indian Railway
Finance Corporation Ltd. (IRFCL), National Highways Authority of India
(NHAI), Rural Electrification Corporation Ltd. (RECL), Housing and Urban
Development Corporation Ltd. (HUDCL), Power Finance Corporation (PFC),
Jawaharlal Nehru Port Trust (JNPT), Dredging Corporation of India Limited
(DCIL), Ennore Port Limited (EPL) and Indian Renewable Energy Development
Agency Limited (IREDAL).
(10) Deposit made by an employee of the Central or State Government or a Public Sector
Company with the Government of India in accordance with the scheme as may
be notified of the moneys due to him on account of his retirement while on
superannuation or otherwise.
(11) Deposit made on or after 01-04-2005 in an Offshore Banking Unit (i.e. a branch
of a bank located in a SEZ) by a Non-Resident or a Not-Ordinarily Resident
assessee.
(12) Interest payable by a scheduled bank to a non-resident or to a not-ordinarily
resident in India on deposits in foreign currency where the acceptance of such
deposits by the bank is approved by RBI.
(4) Interest on income tax refund shall be taxable under the head ‘Other Sources’.
(5) Interest on Public Provident Fund (PPF) Account - Fully Exempt u/s 10(11).
421
(6) Accrued interest on National Savings Certificates (NSC) – [For 1st 14 years]

Taxable under the head ‘Other Sources’ Deduction u/s 80C ()
However, interest accrued on National Savings Certificates (NSC) for the 15th year
shall be taxable under the head ‘Other Sources’ but shall not be allowed as a
deduction u/s 80C.
(7) If the interest income has been received net of TDS then such interest income has to
be grossed up before its taxability i.e.:
Net Amount of Interest xx
Add: Tax Deducted at Source xx
Gross Amount of Interest xx

Taxable under the head ‘Other Sources'
(8) As per the provisions of section 9(1), if the interest is payable by the Government or it
is payable on loan and such loan is used in India, then the interest shall be deemed
to accrue or arise in India and shall be taxable for all kinds of assessees whether
resident or non-resident
Rental Income
from letting out from letting out building from from sub-
plant, machinery or along with plant, letting out letting a
furniture machinery or furniture and open plant building
[Section 56(2)(ii)] the letting is inseparable of land
[Section 56(2)(iii)]
Taxable under the head ‘Other Sources’ Taxable under the head
(if not taxable under the head ‘PGBP’) ‘Other Sources’
422
Amount received under Keyman Insurance Policy (including Bonus, if any) - [Section
56(2)(iv)]
Taxable under the head ‘Other Sources’ (if not taxable under the head ‘PGBP’ or ‘Salary’)
Keyman Insurance Policy:

Keyman Insurance policy means a life insurance policy taken by a person on the
life of another person who is or was the employee of the first mentioned person
or is or was connected in any manner whatsoever with the business of the first
mentioned person.
Following points are important to note with regard to a keyman insurance policy:
(a) it is a life insurance policy;
(b) it is a policy taken by one person on the life of another person; and
(c) the relationship between such persons should either be that of employer-
employee or any other business relationship.
Tax treatment of amounts involved in keyman insurance policy:

Premium paid on the keyman insurance policy:
In the hands of person taking Allowable as a deduction u/s 37(1).
the policy
In the hands of keyman Not to be treated as a perquisite u/s 17(2) in the hands of
keyman because premium paid is for the benefit of first
mentioned person and not the keyman.
Maturity proceeds or amount received on the death of the keyman:

In the hands of person taking Taxable under the head ‘PGBP’ u/s 28(vi)
the policy
In the hands of keyman If the first mentioned person has assigned the policy in the
favor of the keyman, then, any surrender value or maturity
proceeds from such policy shall be taxable under the head
‘Salaries’ as ‘profits in lieu of salary’ u/s 17(3).
In the hands of any other If the first mentioned person has assigned the policy in
person favor of any other person then any surrender value or
maturity proceeds or death benefit from such policy shall
be taxable under the head ‘Other Sources’ u/s 56(2)(iv).
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Note:
(1) Tax treatment of amounts received under life insurance policies:

as annuity or pension as death benefit as maturity proceeds
(including bonus, if any) (including bonus, if any)

Taxable under the Fully Exempt u/s Fully Exempt u/s
head ‘Other Sources’ 10(10D) 10(10D)**
**The amount of maturity proceeds (including bonus, if any) shall be fully exempt u/s 10(10D)
only if:
the amount of annual premium on in case where the policy is issued
such policy does not exceed
- N.A.- before 01-04-2003
20% of Capital Sum Assured on or after 01-04-2003, but on or before 31-03-2012
10% of Capital Sum Assured on or after 01-04-2012, but on or before 31-03-2013
on or after 01-04-2013:
10% of Capital Sum Assured for any normal person
15% of Capital Sum Assured for any person suffering from a disability specified u/s
80U or any disease or ailment as specified u/s 80DDB
(2) Any amount received from the medical insurance company as reimbursement of the expenses
on medical treatment shall be ignored as the same is not considered as income under
the Income Tax Act, 1961.
(3) Further, any amount received from the insurance company as a compensation for loss of
stock in trade or trading assets shall be considered as income chargeable to tax under
However, any amount received from an insurance company as a compensation for damage
or destruction of a capital asset shall be chargeable to tax under the head ‘Capital
Gains’.
Consideration received on issue of shares by a closely held company from any resident
in excess of the FMV of the shares if the amount of such consideration exceeds the face
value of the shares - [Section 56(2)(viib)]
424
As per the provisions of section 56(2)(viib);

- where a closely held company (i.e. a company in which the public is not substantially
interested);
- receives during any previous year from any resident;
- any consideration for issue of shares in excess of the face value of the shares (i.e.
shares are issued at premium);
- then, the amount of consideration received by such company which is in excess of FMV
of such shares shall be considered as the income chargeable to tax under the head
‘Other Sources’ in the hands of such company.
Note:
(1) For the purpose of Section 56(2)(viib), FMV shall be higher of:
(a) the value determined in accordance with the prescribed method; or
(b) the value as may be substantiated by the company to the satisfaction of the
A.O. based on the value of its *assets on the date of issue of shares.
*assets
For the purpose of computation of the FMV as above the value of assets shall
also include the value of intangible assets being goodwill, patents, copyrights,
knowhow, trademarks, licences, franchises, any other business or commercial right
of similar nature.
(2) Provisions of section 56(2)(viib) would not be attracted where consideration for
issue of shares is received:
(a) by a Venture Capital Undertaking from a Venture Capital Fund or Venture
Capital Company; or
(b) by a company from a class or classes of persons as notified by the Central
Government for this purpose.
Examples:
Company No. of Face FMV Issue Applicability of Section 56(2)(viib)
Shares Value Price
A Pvt. Ltd. 1,000 100 120 130 Section 56(2)(viib) shall be attracted in this
case since the shares are issued at a premium
(i.e. issue price exceeds the face value of the
shares).
Excess of the issue price over the FMV would
be taxable u/s 56(2)(viib).
` 10,000 [1,000 × ` 10 (Rs. 130 - `120)] shall be
treated as income in the hands of A Pvt. Ltd.
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B Pvt. Ltd. 1,000 100 120 110 Section 56(2)(viib) shall be attracted since the
shares are issued at a premium. However, no
sum shall be chargeable to tax in the hands
of B Pvt. Ltd. u/s 56(2)(viib) as the shares are
issued at a price less than the FMV of shares.
C Pvt. Ltd. 1,000 100 90 98 Section 56(2)(viib) is not attracted since the
shares are issued at a discount, even though
the issue price is greater than the FMV.
D Pvt. Ltd. 1,000 100 90 110 Section 56(2)(viib) shall be attracted as the
shares are issued at a premium. The excess
of the issue price of the shares over the FMV
would be taxable u/s 56(2)(viib).
Therefore, ` 20,000 [1,000 × ` 20 (` 110
- ` 90)] shall be treated as income in the hands
of D Pvt. Ltd.
E Ltd. 1,000 100 105 125 Section 56(2)(viib) is not attracted since E Ltd.
is a company in which public is substantially
interested.
Any sum of money or property received without consideration or for inadequate

consideration by any person - [Section 56(2)(x)]
In order to prevent the practice of receiving sum of money or the property without
consideration or for inadequate consideration, section 56(2)(x) brings to tax:
- any sum of money or the value of any property received by any person without
consideration; or
- the value of any property received for inadequate consideration; from any person
during the previous year.
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As per the provisions of section 56(2)(x), where:
sum of money immovable property received specified movable property received

received
↓
without without for inadequate without for inadequate
consideration consideration consideration consideration consideration
↓
and the and the SDV and the difference and the and the
aggregate of such immovable between the SDV and aggregate FMV difference
amount of such property received consideration of such of such specified between the
sum of money during the immovable property movable property aggregate FMV
received during previous year received during the received during and consideration
the previous is more than ` previous year is the previous of such specified
year is more 50,000 more than Rs. 50,000 year is more than movable property
than ` 50,000 * ` 50,000 received during
or 10% of the previous
consideration year is more than
(whichever is higher) ` 50,000
then, whole of then, whole then, whole of then, whole of the then, whole of
such aggregate of such SDV is such difference aggregate FMV such difference
sum is taxable taxable under is taxable under is taxable under is taxable under
under the head the head ‘Other the head ‘Other the head ‘Other the head ‘Other
‘Other Sources’ Sources’ Sources’ Sources’ Sources’
Note:
(1) The provisions of section 56(2)(x) would apply only to a property which is in the nature
of a capital asset in the hands of the recipient and not stock-in-trade, raw material or
consumable stores of any business of the recipient.
Therefore, specified movable property for the purpose of Section 56(2)(x) are: Paintings,
Drawings, Jewellery, Art Works, Archaeological Collections, Sculptors and Shares.
*(2) If the residential property is sold as first time sale during the period 12-11-20 to
30-6-21 u/s 43CA, then percentage would be 20% (instead of 10%).
427
(3) Non-applicability of section 56(2)(x):

Any sum of money or value of property received in the following circumstances
would be outside the scope of section 56(2)(x):
(a) from any relative;
Relative for Individual Relative for HUF
(1) Spouse of such Individual Any Member of
(2) Brothers & Sisters of such Individual the HUF
(3) Brothers & Sisters of the Spouse of such Individual
(4) Brothers & Sisters of the parents of such Individual
(5) Lineal Ascendants or Lineal Descendants of such Individual
(6) Lineal Ascendants or Lineal Descendants of the Spouse of
such Individual
(7) Spouses of the persons referred to in points (2) to (6) above
(b) on the occasion of the marriage of the recipient;
(c) under a will or by way of inheritance;
(d) in contemplation of death of the payer or donor, as the case may be;
(e) from any local authority;
(f) from any fund or foundation or university or other educational institution or hospital
or other medical institution or any trust or institution;
(g)
from any trust or institution registered u/s 12AA or u/s 12AB
(h)
from an individual by a trust created or established solely for the benefit of
relative of the individual;
(i) by any fund or trust or institution or any university or other educational institution
or any hospital or other medical institution;
(4) Sum of money may be received by the assessee from any person in Indian or in
foreign currency. Further, it may be received in India or outside India.
However, for assessing such sums the above provisions shall apply only after
considering the residential status of the assessee and place & time of accrual/receipt
of such sum.
(5) Where any property is received by the assessee without consideration or for
inadequate consideration, then, the assessee is liable to be taxed u/s 56(2)(x) in
respect of such property.
If the said property is later on transferred by the assessee, then, as per the provisions
of section 49(4), the value of such property considered for the purpose of taxability u/s
56(2)(x) (i.e. SDV or FMV, as the case may be) shall be deemed to be the COA for the
purpose of computing capital gains in the hands of the assessee.
428
Any sum received as advance money or otherwise and forfeited in the course of negotiations
for transfer of a capital asset where the negotiations did not result into actual transfer of
the capital asset - [Section 56(2)(ix)]
↓
Taxable under the head ‘Other Sources’
Note:
The amount of advance money or any other sum received and forfeited shall not be
adjusted from the cost of the capital asset u/s 51 if the same gets taxed under the head
‘Other Sources’ as per the provisions of section 56(2)(ix).
Other incomes taxable under the head ‘Other Sources’ as per Section 56(1)
 Royalty Income (if not taxable under the head ‘PGBP’) shall be taxable under the
 Remuneration from a Non-Employer shall be taxable under the head ‘Other Sources’.

For example:
Paper setting/checking fees received by a college lecturer from the university,
Honorarium received by a doctor/CA for taking seminars or guest lectures etc.
 Family Pension received by the family members/legal heirs of a deceased employee

shall be taxable under the head ‘Other Sources’ subject to standard deduction u/s
57.
Standard Deduction u/s 57 out of family pension shall be least of the following amounts:
(a) 1/3rd of the family pension received; or
(b) Maximum Rs. 15,000
Note:
(1) Pension received by a recipient of gallantry awards:
Any income by way of pension received by an individual who has been awarded:
(a) Param Vir Chakra; or
(b) Maha Vir Chakra / Vir Chakra; or
(c) Such other gallantry award as the Central Government may, by notification in
the Official Gazette specify in this behalf;
shall be fully exempt u/s 10(18) in the hands of such individual.
429
Note:
Further, in case of death of the awardee, any family pension received by any
member of the family of such awardee shall also be exempt from tax u/s
10(18).
(2) Family Pension received by the widow/children/nominee of the members of armed
forces:
Where the death of any member of the armed forces has occurred in the course
of operational duties in certain specified circumstances, then, the amount of
family pension received by the widow/children/nominee of such member shall
be fully exempt u/s 10(19) in the hands of such widow/children/nominee.
 Agricultural Income from a land situated
in India outside India

↓ ↓
Fully Exempt u/s 10(1) Taxable under the

head ‘Other Sources’
Note:
Agricultural Income from a land situated outside India is always taxable in the
hands of ‘ROR’. However, it will be taxable in the hands of RNOR or NR only if it is
received in India.
 Insurance Commission received by the insurance agents shall be taxable under the
 Board Meeting Fees/Sitting Fees received by the directors shall be taxable under the
head ‘Other Sources’
Note:
Any guarantee/underwriting commission received by a director shall also be
taxable under the head ‘Other Sources’.
 Clubbed Income of Minor Child shall be taxable under the head ‘Other Sources’.
Note:
Clubbed income of the minor child shall be exempt u/s 10 (32) to the extent of
maximum Rs. 1,500 per annum per minor child.
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 Awards received by any person from
the government in the employer any other institution

public interest ↓ ↓
↓
Fully exempt u/s Taxable under the Taxable under the
10(17A) head ‘Salaries’ head ‘Other Sources’
Note:
Awards received by professional sportsmen shall however be taxable under the
head ‘PGBP’ and not under the head ‘Other Sources’.
 Income received by any MP/MLA/MLC
as salary as daily or constituency allowance

↓ ↓
Taxable under the head Fully Exempt u/s 10(17)
‘Other Sources’
 Income arising from an activity of owning & maintaining race horses shall be taxable
under the head ‘Other Sources’.
Note:
Income from such activities taxable under this head shall be computed as follows:
Stake Money Received (-) Expenses u/s 57.
Deductions allowable under the head ‘Other Sources’ - [Section 57]

While computing the income chargeable to tax under the head ‘Other Sources’, deduction
u/s 57 shall be allowed in respect of any revenue expenditure which is incurred wholly &
exclusively in connection with earning the income taxable under the head ‘Other Sources’.
431
Therefore, expenditures incurred in respect of earning
Exempt Incomes subjected Winnings Other Incomes taxable

Incomes to standard Income under the head ‘Other
deduction Sources’
↓ ↓ ↓ ↓
to be ignored to be considered (i.e.
(i.e. not allowed to be deducted u/s 57) allowed to be deducted u/s
57)
Note:
(1) Following amounts could be claimed as deductions u/s 57:
(i) In the case of dividends or interest on securities, any reasonable sum paid by
way of commission or remuneration to a banker or any other person for the
purpose of realising such dividend or interest on behalf of the assessee. The
maximum deduction u/s 57 towards interest on loan in relation to dividend
income or income from units of mutual fund shall be restricted to 20% amount
received.
(ii) Where the income consists of recovery from employees as contribution to
any provident fund etc., then, a deduction will be allowed to the extent such
contribution is remitted/deposited before the due date under the respective Acts.
(iii) Where the income to be charged under this head is from letting on hire of
machinery, plant and furniture, with or without building, the following items of
deductions are allowable in the computation of such income:
(a) current repairs to the machinery, plant or furniture;
(b) any premium paid in respect of insurance against risk of damage or
destruction of the machinery or plant or furniture;
(c) normal depreciation allowance in respect of the machinery, plant or
furniture.
(iv) In the case of income in the nature of family pension, a deduction of a sum
equal to 1/3rd of such income or Rs. 15,000, whichever is less, is allowable.
(v) 50% of the interest on compensation/enhanced compensation on compulsory
acquisition of any capital asset under any law.
(vi) Any other expenditure not being in the nature of capital expenditure laid out
or expended wholly and exclusively for the purpose of making or earning such
income.
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(2) Other deductions as mentioned under the head ‘PGBP’ are also made applicable, so
far as may be, to compute the income under the head ‘Other Sources’.
(3) To claim the deduction of expenditure u/s 57, it is not necessary that such expenditure
shall produce income. It would be sufficient if the expenditure is incurred wholly &
exclusively in connection with earning the income.
Amounts not deductible under the head ‘Other Sources’ - [Section 58]
As per the provisions of section 58, following amounts shall not be allowed to be deducted
while computing the income under the head ‘Other Sources’:
(1) Any personal expense of the assessee.
(2) Any interest chargeable to tax under the Income Tax Act, 1961, which is payable
outside India and on which tax has not been paid or deducted at source.
(3) Any salary chargeable to tax under the Income Tax Act, 1961, which is payable outside
India and on which tax has not been paid or deducted at source.
(4) Any payment made to relatives and associate concerns in excess of reasonable amount.
(5) Any payment or aggregate of payments exceeding Rs. 10,000 made to a person during
a single day otherwise than by an account payee cheque or bank draft or ECS through
bank account.
(6) 30% of the expenditure shall not be allowed, in respect of a sum which is payable to
a resident and on which tax is deductible at source, if:
- such tax has not been deducted or;
- such tax after deduction has not been paid on or before the due date of filing
the return of income as specified u/s 139(1).
(7) Any expenditure or allowance in connection with winnings income.
(8) Other disallowances as mentioned under the head ‘PGBP’ are also made applicable,
so far as may be, to compute the income under the head ‘Other Sources’.
Deemed Income under the head ‘Other Sources’ - [Section 59]

The provisions of Section 41(1) as applicable under the head ‘PGBP’ are also made
applicable, so far as may be, to compute the income under the head ‘Other Sources’.
Accordingly, where a deduction has been allowed in respect of any loss, expenditure or
liability under this head and subsequently any amount is received or benefit is derived in
respect of such loss, expenditure or liability, then such amount received or benefit derived
shall be deemed to be the income of the previous year in which the amount is received or
benefit is derived.
433
Method of Accounting - [Section 145]

Income chargeable under the head ‘Other Sources’ is to be computed in accordance with
the cash or mercantile system of accounting regularly employed by the assessee.
However, method of accounting is not relevant for the purpose of chargeability of

following incomes:
(a) Dividends (since the charge on dividend is created as per section 8);
(b) Interest on compensation or enhanced compensation on compulsory acquisition of
a capital asset under any law (since such interest is charged on receipt basis); and
(c) Any sum received as advance money or otherwise in the course of negotiations for
transfer of a capital asset where such sum is forfeited and the negotiations do not
result in transfer of such capital asset (since such income is charged on receipt basis).
434
CLASSWORK PROBLEMS
Question 1
Mr. Chaturvedi, R & OR, gives following information regarding his income in P.Y. 2021-
2022.
(A) Dividend Income Details
(1) He has earned a dividend of `1,20,000 from Britney Ltd., Canada & he has
recorded following expenses to earn this dividend :
Interest on loan taken to invest in above shares sent abroad
without TDS ` 60,000
Interest on loan (taken to invest in above shares) paid in
India by cash ` 70,000
Collection Charges to realise dividend warrants ` 140
(It is Final dividend declared in AGM held on 1 March 2022 at Torronto but received
on 10 April 2022. Chaturvedi follows Cash System of accounting regarding dividend
incomes).
(2) Dividend from Shares in Saraswat Co-op Bank (held as stock-in-trade) ` 15,000.
(3) He has taken a loan from Kalasangam Private Limited in which he is 15%
equity shareholder. The loan amount is ` 6,00,000 & accumulated profits of
the company are ` 45,60,000.
(B) Interest Income details :

(a) Interest earned on Govt. Bonds ` 1,23,000 (held as stock in trade)
(b) Interest on Income tax refund ` 2,000 & income tax refund ` 20,000.
(C) Other Income details :

(i) Winning from Lottery ` 70,000 Net (Tax deducted at Source ` 30,000) (He claims
the cost of lottery tickets ` 20,000 as expenses)
(ii) He has received `12,00,000 on assignment & immediate surrender of Key man
Insurance Policy. (On resignation as head of Sales Department).
(iii) He received ` 5,000 on his birthday from each of his eleven friends and a
diamond ring of ` 5,00,000/- from his wife.
You are required to calculate total Income & tax liability for Assessment Year 2022-2023.
Question 2
Rahul holding 28% of equity shares in a company, took a loan of ` 5,00,000 from the
435
same company. On the date of granting the loan, the company had accumulated profit
of ` 4,00,000. The company is engaged in some manufacturing activity.
(i) Is the amount of loan taxable as deemed dividend in the hands of Rahul, if the
company is a company in which the public are substantially interested?
(ii) What would be your answer, if the lending company is a private limited company
(i.e. a company in which the public are not substantially interested)?
Question 3
Discuss the taxability or otherwise of the following in the hands of the recipient under
section 56(2)(x) the Income-tax Act, 1961 -
(i) Akhil HUF received ` 75,000 in cash from niece of Akhil (i.e., daughter of Akhil’s
sister). Akhil is the Karta of the HUF.
(ii) Nitisha, a member of her father’s HUF, transferred a house property to the HUF
without consideration. The stamp duty value of the house property is ` 9,00,000.
(iii) Mr. Akshat received 100 shares of A Ltd. from his friend as a gift on occasion of his
25th marriage anniversary. The fair market value on that date was ` 100 per share.
He also received jewellery worth ` 45,000 (FMV) from his nephew on the same day.
(iv) Kishan HUF gifted a car to son of Karta for achieving good marks in XII board
examination. The fair market value of the car is ` 5,25,000.
Question 4
Discuss the taxability or otherwise in the hands of the recipients, as per the provisions of
the Income-tax Act, 1961:
(i) Mr. A received an advance of ` 50,000 on 1-09-2021 against the sale of his house.
However, due to non-payment of instalment in time, the contract has cancelled and
the amount of ` 50,000 was forfeited.
(ii) Mr. N, a member of his father’s HUF, transferred a house property to the HUF without
consideration. The value of the house is ` 10 lakhs as per the Registrar of stamp
duty.
(iii) Mr. Kumar gifted a car to his sister’s son (Sunil) for achieving good marks in CA Final
exam. The fair market value of the car is ` 5,00,000.
Question 5
PQR private Ltd. a closely held company, involved in the manufacture of goods, has given
the following independent loans to registered shareholders holding atleast 10% in the
voting powers of PQR private Ltd. beneficially :
436
(1) To MR. A of `15,00,000 when the general reserve & current profits were `16,00,000
and ` 8,00,000 respectively.
(2) To MR. B of ` 26,00,000 when the general Reserve & current profit were `16,00,000
and ` 8,00,000 respectively.
(3) To XYZ bros. of ` 15,00,000 in which Mr. A share holder of PQR (P) Ltd., is substantially
interested i.e. having 20% or more in the profit sharing in the loan receiving firm,
when the general reserve was `18,00,000 of PQR (P) Ltd..
(4) PQR (P) Ltd. has a general reserve of `15,00,000, and the company has given a loan
of `12,00,000 on 5.5.21 to Mr. A & ` 10,00,000 to MR. B on 6.6.21.
Compute the deemed dividend taxable u/s 2(22)(e) in each of the independent situations.
Question 6
Dr. Eknath is a Professor of Taxation and is a resident of India. He submits before you
the following detail for computing his income under the head 'Income from other
sources' for the assessment year 2022- 2023 :
1. He is a author of a text book of a school which fetched him a gross royalty of `
1,50,000. He claims the following deductions from this amount:
(a) Salary to a clerk who collects for him necessary data and goes through the
final proofreading ` 5,000.
(b) Purchased books worth ` 4,000 in connection with the revision of the book.
(c) Telephone expenses of ` 2,000 attributed to the publication and sale of his
book and other matters in connection with the printing of the new edition of the
book.
2. He borrowed `24,00,000 on 1.4.2021 from a Bank @ 18% p.a. He invested the

money in the purchase of plot of land meant to be let out on hire. During the year,
no rental income was received from the land. He, however, claimed that the interest
paid to the bank must be allowed as an expense.
3. He lives in a rented house paying rent of `10,000 p.m. The house is too big for his
family. Hence he has sub - let one - third portion of the house on a rent of ` 7,000
p.m. Dr. Eknath has undertaken the liability of paying municipal taxes of ` 5,400
on the whole house and also the current repair of the whole house amounting to
` 6,000.
437
4. He gets a family pension of `12,500 p.m. He is an examiner of a number of

Universities. This source gave him a remuneration of ` 24,000.
5. He owns race horses, the expenses on their maintenance are ` 1,20,000. He has
earned stake money of ` 9,00,000 when one of the horses stood first in the race.
6. He has received dividend from co-operative society ` 10,000/-.
438
CLASSWORK SOLUTION
Answer 2
Any payment by a company, other than a company in which the public are substantially
interested, of any sum by way of advance or loan to an equity shareholder, being a
person who is the beneficial owner of shares holding not less than 10% of the voting
power, is deemed as dividend under section 2(22)(e), to the extent the company possesses
accumulated profits, taxable in the hands of Shareholder.
(i) The provisions of section 2(22)(e), however, will not apply where the loan is given
by a company in which public are substantially interested. In such a case, the loan
would not be taxable as deemed dividend.
(ii) However, if the loan is taken from a private company (i.e. a company in which the
public are not substantially interested), which is a manufacturing company and not
a company where lending of money is a substantial part of the business of the
company, then, the provisions of section 2(22)(e) would be attracted, since Rahul
holds more than 10% of the equity shares in the company.
The amount chargeable as deemed dividend cannot, however, exceed
the accumulated profits held by the company on the date of giving the loan.
Therefore, the amount taxable as deemed dividend in the hands of Rahul would be
limited to the accumulated profit i.e.,
` 4,00,000 and not the amount of loan which is ` 5,00,000.
Answer 4
S.No. Taxable / Not Reason
Taxable
(i) Taxable Any sum of money received as an advance or otherwise
in the course of negotiations for transfer of a capital
asset would be chargeable to tax under the head
“Income from other sources”, if such amount is forfeited
and the negotiations do not result in transfer of such
capital asset [Section 56(2) (ix)].Therefore, the amount of
` 50,000 received as advance would be chargeable to tax
in the hands of Mr. A under the head “Income from other
sources”, since it is forfeited on account of cancellation of
contract for transfer of house, being a capital asset, due
to non-payment of installment in time.
439
(ii) Not Taxable As per section 56(2) (x), immovable property received
without consideration by a HUF from its relative is not
taxable. In the present case, since Mr. N is a member of his
father’s HUF, he is a relative of the HUF. Hence, ` 10 lakhs,
being the stamp duty value of house property received by
HUF, without consideration, would not be chargeable to
tax in the hands of the HUF.10.
(iii) Not Taxable Car is not included in the definition of “property”, for
the purpose of taxability under section 56(2)(x), in the
hands of the recipient under the head “Income from other
sources”. Further, the same has been received by Sunil
from his mother’s brother, who falls within the definition
of “relative”. Hence, ` 5,00,000, being the fair market value
of car received without consideration from a relative is
not taxable in the hands of Sunil, even though its
value exceeds ` 50,000.
Answer 5
(1) This is deemed dividend u/s 2(22)(e) in the hands of Mr. A, a registered shareholder,
holding atleast 10% in the voting powers beneficially, of ` 15,00,000, since the
accumulated profits are more than ` 15,00,000. i.e ` 24,00,000.
(2) This is deemed dividend in the hands of Mr. B a registered shareholder, holding
atleast 10% in the voting powers beneficially, u/s 2(22)(e) of ` 24,00,000, since the
accumulated profits are 24,00,000, thus restricted to such an extent, even though
the loan amount is ` 26,00,000.
(3) This is deemed dividend of ` 15,00,000 in the hands of Mr. A u/s 2(22)(e), since Mr. A
is a registered shareholder of PQR(P) Ltd. holding atleast 10% in the voting powers
beneficially, and is substantially interested in the loan receiving organization. This is
so because the accumulated profits of PQR(P) Ltd. is ` 18,00,000.
(4) (a) Deemed Dividend of ` 12,00,000 in the hands of Mr. A, a registered shareholder,
holding atleast 10% in the voting powers beneficially, on 5.5.2021, since the
accumulated profits at this moment of time are ` 15,00,000.
440
(b) Deemed Dividend of ` 3,00,000 in the hands of Mr. B a registered shareholder,

holding atleast 10% in the voting powers beneficially, on 6.6.2021 although
the loan amount is `10,00,000, since the accumulated profits that remains
now as at 6.6.2021 is ` 3,00,000 (` 15,00,000 total ` 12,00,000 taken for A).
Ans. 6. Dr. Eknath

Computation of Income from Other Sources for A.Y. 2022-2023
Particulars ` `
Royalty received 1,50,000
Less: Expenses incurred
Salary to clerk (5,000)
Telephone expenses (4,000)
Purchase of books (2,000) 1,39,000
Rent received from a plot of land NIL
Less: Interest on bank loan, allowed u/s. 57
[ 24,00,000 x 18% p.a.] (4,32,000) (4,32,000)
Income from sub-letting
Rent received [ ` 7,000 p.m. x 12 months] 84,000
Less: Expenses u/s. 57
Rent payable [ `10,000 p.m. x 12 months] 1,20,000
Municipal taxes 5,400
Current repairs 6,000
Total 1,31,400
X Portion sub-let 1/3 (43,800) 40,200
Family pension received [` 12,500 p.m. x 12 months] 1,50,000
Less: Standard deduction u/s. 57: Least of 1/3 of 50,000
Family pension
Or Maximum 15,000 (15,000) 1,35,000
Income as examiner of universities 24,000
Dividend from shares of co-operative society 10,000
Income from the activity of owning and maintaining Race
Horses
Stake money received 9,00,000
Less: Expenses incurred (1,20,000) 7,80,000
TAXABLE INCOME FROM OTHER SOURCES 6,96,200
441
HOMEWORK PROBLEMS
Question 1
Mr. A, a dealer in shares, received the following without consideration during the P.Y.
2021-22 from his friend Mr. B, -
(1) Cash gift of ` 75,000 on his anniversary, 15th April, 2021.
(2) Billion, the fair market value of which was ` 60,000, on his birthday, 19th June,
2021.
(3) A plot of land at Faridabad on 1st July, 2021, the stamp value of which is ` 5 lakh
on that date. Mr. B had purchased the land in April, 2008.
Mr. A purchased from his friend Mr. C, who is also a dealer in shares, 1000 shares of X Ltd.
@ ` 400 each on 19th June, 2021, the fair market value of which was ` 600 each on that
date. Mr. A sold these shares in the course of his business on 23rd June, 2021.
Further, on 1st November, 2021, Mr. A took possession of property (building) booked
by him two years back at ` 20 lakh. The stamp duty value of the property as on 1st
November, 2021 was ` 32 lakh and on the date of booking was ` 23 lakh. He had paid `
1 lakh by account payee cheque as down payment on the date of booking.
On 1st March, 2022, he sold the plot of land at Faridabad for ` 7 lakh.
Compute the income of Mr. A chargeable under the head “Income from other sources” and
“Capital Gains” for A.Y. 2022-23.
Question 2
Mr. Hari, a property dealer, sold a building in the course of his business to his friend
Rajesh, who is a dealer in automobile spare parts, for ` 90 lakh on 1.1.2022, when the
stamp duty value was ` 150 lakh. The agreement was, however, entered into on 1.9.2021
when the stamp duty value was ` 140 lakh. Mr. Hari had received a down payment of
` 15 lakh by a crossed cheque from Rajesh on the date of agreement. Discuss the tax
implications in the hands of Hari and Rajesh, assuming that Mr. Hari has purchased the
building for ` 75 lakh on 12th July, 2021.
Would your answer be different if Hari was a share broker instead of a property dealer?
Question 3
Interest on enhanced compensation received by Mr. G during the previous year 2021-
22 is ` 5,00,000. Out of this interest, `1,50,000 relates to the previous year 2012-13, `
1,65,000 relates to previous year 2013-14 and ` 1,85,000 relates to previous year 2014-
15. Discuss the tax implication, if any, of such interest income for A.Y. 2022-23.
442
Question 4
On 10.10.2021, Mr. Govind (a bank employee) received ` 5,00,000 towards interest on
enhanced compensation from State Government in respect of compulsory acquisition of
his land effected during the financial year 2011-12.
Out of this interest, ` 1,50,000 relates to the financial year 2013-14; ` 1,65,000 to the
financial year 2014-15; and ` 1,85,000 to the financial year 2015-16. He incurred `
50,000 by way of legal expenses to receive the interest on such enhanced compensation.
How much of interest on enhanced compensation would be chargeable to tax for the
assessment year 2022-23?
Question 5
The following details have been furnished by Mrs. Hemali pertaining to the year ended
31.3.2022:
(i) Cash gift of ` 51,000 received from her friend on the occasion of her “Shastipatha
Poorthi”, a weeding function celebrated on her husband completing 60 years of age.
This was also her 25th wedding anniversary.
(ii) On the above occasion, a diamond necklace worth ` 2 lacs was presented by her
sister living in Dubai.
(iii) When the celebrated her daughter’s wedding on 21.2.2022, her friend assigned in
Mrs. Hemali’s favour, a fixed deposit held by the said friend in a scheduled bank; the
value of the fixed deposit and the accrued interest on the said date was ` 51,000.
Compute the income, if any, assessable as income from other sources.
Question 6
Examine the following transactions in the context of Income-tax Act, 1961:
(i) Mr. B transferred 500 shares of R (P) Ltd. to M/s. B Co. (P) Ltd. on 10.10.2021 for
` 3,00,000 when the market price was ` 5,00,000. The indexed cost of acquisition
of shares for Mr. B was computed at ` 4,45,000. The transfer was not subjected to
securities transaction tax.
Determine the income chargeable to tax in the hands of Mr. B and M/s. B Co. (P) Ltd.
because of the above said transaction.
(ii) Mr. Chezian is employed in a company with taxable salary income of ` 5,00,000.
He received a cash gift of ` 1,00,000 from Atma Charitable Trust (registered under
section 12AA or u/s 12AB) in December 2021 for meeting his medical expenses.
Is the cash gift so received from the trust chargeable to tax in the hands of Mr. Chezian?
443
HOMEWORK SOLUTIONS
Answer 1
Computation of “Income from other sources” of Mr. A for the A.Y. 2022-23.
Particulars `
(1) Cash gift is taxable under section 56(2)(X), since it exceeds 75,000
` 50,000
(2) Since bullion is included in the definition of property, therefore 60,000
when bullion is received without consideration, the same is
taxable, since the aggregate fair market value exceeds ` 50,000
(3) Stamp value of plot of land at Faridabad, received without 5,00,000
consideration, is taxable under section 56(2)(x)
(4) Difference of ` 2 lakh in the value of shares of X Ltd. purchased NIL
from Mr. C, a dealer in shares, is not taxable as it represents the
stock-in-trade of Mr. A. Since Mr. A is a dealer in shares and it
has been mentioned that the shares were subsequently sold in
the course of his business, such shares represent the stock-in-
trade of Mr. A.
(5) Difference between the stamp duty value of ` 23 lakh on the 3,00,000
date of booking and the actual consideration of ` 20 lakh paid
is taxable under section 56(2)(x) since the difference exceeds
` 2,00,000 being, the higher of ` 50,000 and 10% of consideration
Income from Other Sources 9,35,000
Computation of “Capital Gains” of Mr. A for the A.Y. 2022-23.
Particulars `
Sale Consideration 7,00,000
Less: Cost of acquisition [deemed to be the stamp value charged
to tax under section 56(2)(x) as per section 49(4)] (5,00,000)
Short-term capital gains 2,00,000
Note – The resultant capital gains will be short-term capital gains since for calculating
the period of holding, the period of holding of previous owner is not to be considered.
444
Answer 2
Case 1: Tax implications if Mr. Hari is a property dealer
In the hands of Mr. Hari In the hands of Mr. Rajesh

In the hands of Hari, the provisions of Since Mr. Rajesh is a dealer in automobile
section 43CA would be attracted, since spare parts, the building purchased
the building represents his stock-in-trade would be a capital asset in his hands.
and he has transferred the same for a The provisions of section 56(2)(x) would
consideration less than the stamp duty be attracted in the hands of Mr. Rajesh
value and the stamp duty value exceeds who has received immovable property,
110% of consideration. being a capital asset, for in adequate
Under section 43CA, the option to adopt the consideration and the difference between
stamp duty value on the date of agreement the consideration and stamp duty value
can be exercised only if whole or part of exceeds ` 9,00,000, being the higher of `
the consideration has been received on or 9,00,000, being the higher of ` 50,000 and
before the date of agreement by way of 10% of consideration.
account payee cheque or draft or by use of
ECS through a bank account on or before
the date of agreement. In this case, since
the payment is made be crossed cheque,
the option cannot be exercised
Therefore ` 75 lakh, being the difference Therefore, ` 60 lakh, being the difference
between the stamp duty value on the date between the stamp duty value of the
of transfer i.e., ` 150 lakh, and the purchase property on the date of registration (i.e., `
price i.e., ` 75 lakh, would be chargeable 150 lakh) and the actual consideration (i.e.,
as business income in the hands of Mr. Hari, ` 90 lakh) would be taxable under section
since stamp duty value exceeds 110% of 56(2)(x) in the hands of Mr. Rajesh, since
the consideration the payment on the date of agreement is
made by crossed cheque and not account
payee cheque / draft or ECS.
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Case 2: Tax implications if Mr. Hari is a stock broker

In the hands of Mr. Hari In the hands of Mr. Rajesh
In case Mr. Hari is a stock broker and not a There would be no difference in the
property dealer, the building would represent taxability in the hands of Mr. Rajesh
his capital asset and not stock-in-trade. In such whether Mr. Hari is a property dealer
a case, the provisions of section 50C would be or a stock broker.
attracted in the hands of Mr. Hari, since building
is transferred for a consideration less than the
stamp duty value and the stamp duty value
exceeds 110% of consideration.
Thus ` 75 lakh, being the difference between Therefore, the provisions of section
the stamp duty value on the date of registration 56(2)(x) would be attracted in the
(i.e. ` 150 lakh) and the purchase price (i.e. hands of Mr. Rajesh who has received
` 75 lakh) would be chargeable as short – term immovable property, being a capital
capital gains. asset, for inadequate consideration
and the difference between the
consideration and stamp duty value
exceeds ` 9,00,000, being the higher
of ` 50,000 and 10% of consideration.
It may be noted that under section 50C, the Therefore, 60 lakh, being the
option to adopt the stamp duty value on the difference between the stamp duty
date of agreement can be exercised only if whole value of the property of the date of
or part of the consideration has been received registration (i.e. ` 150 lakh) and the
on or before the date of agreement by way of actual consideration (i.e. ` 90 lakh)
account payee cheque or draft or by use of ECS would be taxable under section 56(2)
through a bank account on or before the date (x) in the hands of Mr. Rajesh, since the
of agreement in this case, since the payment payment on the date of agreement
on the date of agreement is made by crossed is made by crossed cheque and not
cheque, the option cannot be exercised. account payee cheque / draft or ECS.
Answer 3
The entire interest of ` 5,00,000 would be taxable in the year of receipt, namely, P.Y. 2021-22.
Particulars `
Interest on enhanced compensation taxable u/s 56(2)(viii) 5,00,000
Less: Deduction under section 57(iv) @ 50% (2,50,000)
Interest chargeable under the head “Income from other sources” 2,50,000
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Section 145B provides that interest received by the assessee on enhanced compensation
shall be deemed to be the income of the assessee of the year in which it is received,
irrespective of the method of accounting followed by the assessee and irrespective of the
financial year to which it relates.
Section 56(2)(viii) states that such income shall be taxable as ‘Income from other sources’.
50% of such income shall be allowed as deduction by virtue of section 57(iv) and no other
deduction shall be permissible from such Income.
Therefore, legal expenses incurred to receive the interest on enhanced compensation
would not be allowed as deduction from such income.
Computation of interest on enhanced compensation taxable as “Income from other
sources” for the A.Y. 2022-23:
Particulars `
Interest on enhanced compensation taxable under section 56(2)(vii) 5,00,000
Less: Deduction under section 57(iv) (50% x ` 5,00,000) (2,50,000)
Taxable interest on enhanced compensation 2,50,000
Answer 5
(i) Any sum of money received by an individual on the occasion of the marriage of the
individual is exempt. This provision is, however, not applicable to a cash gift received
during a wedding function celebrated on completion of 60 years of age.
The gift of ` 51,000 received from a non-relative is, therefore, chargeable to tax
under section 56(2)(x) in the hands of Mrs. Hemali.
(ii) The provisions of section 56(2)(x) are not attracted in respect of any sum of money or
property received from a relative. Thus, the gift of diamond necklace received from
her sister is not taxable under section 56(2)(x), even though jewellery falls within the
definition of “property”.
(iii) To be exempt from applicability of section 56(2)(x), the property should be received
on the occasion of the marriage of the individual, not that of the individual’s son or
daughter. Therefore, this exemption provision is not attracted in this case.
Any sum of money received without consideration by an individual is chargeable to
tax under section 56(2)(x), if the aggregate value exceeds 50,000 in a year. “Sum of
money” has, however, not been defined under section 56(2)(x).
Therefore, there are two possible views in respect of the value of fixed deposit
assigned in favour of Mrs. Hemali –
(1) The first view is that fixed deposit does not fall within the meaning of “sum of
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money” and therefore, the provisions of section 56(2)(x) are not attracted. It may be
noted that fixed deposit is also not included in the definition of “property”.
(2) However, another possible view is that fixed deposit assigned in favour of Mrs.
Hemali falls within the meaning of “sum of money” received.
Income assessable as “income from other sources”

If the first view is taken, the total amount chargeable to tax as “income from other
sources” would be ` 51,000, being cash gift received from a friend on her Shastiaptha
Poorthi.
As per the second view, the provisions of section 56(2)(x) would also be attracted in
respect of the fixed deposit assigned and the “Income from other sources” of Mrs. Hemali
would be ` 1,02,000 (` 51,000 + ` 51,000).
Answer 6
(i) Any movable property received for inadequate consideration by any person is
chargeable to tax under section 56(2)(x), if the difference between aggregate Fair
Market Value of the property and consideration exceeds ` 50,000.
Thus, share received by M/s B. Co. (P) Ltd. from Mr B for inadequate consideration is
chargeable to tax under section 56(2)(x) to the extent of ` 2,00,000.
As per section 50CA, since, the consideration is less than the fair market value of
unquoted shares of R (P) Ltd. fair market value of shares of the company would be
deemed to be the full value of consideration. It is presumed that the shares of R (P)
Ltd are unquoted shares.
The full value of consideration (` 5,00,000) less the indexed cost of acquisition
(` 4,45,000) would result in a long term capital gains of ` 55,000 in the hands of
Mr. B.
(ii) The provisions of section 56(2)(x) would not apply to any sum of money or any
property received from any trust or institution registered under section 12AA or u/s
12AB. Therefore, the cash gift of ` 1 lakh received from Atma Charitable Trust, being
a trust registered under section 12AA or u/s 12AB, for meeting medical expenses
would not be chargeable to tax under section 56(2)(x) in the hands of Mr. Chezian.
448
CLUBBING OF INCOME
INTRODUCTION :
Generally, an assessee is taxed in respect of his own income. In some cases, however, the
Income-tax Act deviates from this principle and the assessee may be taxed in respect of
income which legally belongs to some other person. Provisions incorporated in sections
60 to 65 deal with cases where taxpayers make an attempt to reduce their tax liability by
transferring their assets in favour of their family members or by arranging their sources
of income in such a manner that tax incidence falls on others, whereas benefit of income,
directly or indirectly, is derived by them. In order to counteract these practices of tax
avoidance, necessary provisions have been made in sections 60 to 65 to tax the incomes
in the hands of an individual, even though such incomes belong to other persons. This is
called as clubbing of income.
SECTION 60 - TRANSFER OF INCOME WITHOUT TRANSFER OF ASSET

Section 60 is applicable if the following conditions are satisfied —
Condition 1 The taxpayer owns an asset.
Condition 2 The ownership of asset is not transferred by him.
Condition 3 The income from the asset is transferred to any person under a settlement,
trust, covenant, agreement or arrangement.
Condition 4 The above transfer of income may be revocable or irrevocable.
Condition 5 The above transfer may be effected at any time (maybe before the
commencement of the Income-tax Act or after the commencement of the
Act, i.e., before or on or after April 1, 1962).
If the above conditions are satisfied, the income from the asset would be received by the
transferee but it shall be clubbed in the hands of the transferor i.e. it will be included in
the taxable income of the transferor.
Example
X owns land, he transfers rental income to Y, his friend, without transferring the ownership
of this land. Although, during P.Y. 2021-22, rent of ` 96,000 is received by Y, it is taxable
449
in the hands of X, as he has transferred income without transferring the ownership of the
asset.
SECTION 61 - REVOCABLE TRANSFER OF ASSETS

If an asset is transferred under a “revocable transfer”, income from such asset is taxable
in the hands of the transferor. In case of a revocable transfer, the ownership of the asset is
transferred to the transferee, but the transfer is cancellable at any time by the transferor.
Since the asset is with the transferee, the income from the asset will be received by the
transferee during the previous year. However, such income shall be clubbed in the hands
of the transferor.
It may be noted that the income is taxable for the transferor as and when the power to
revoke arises, even if the power to revoke has not been exercised by the transferor.
SECTION 62 - IRREVOCABLE TRANSFER OF ASSETS FOR A SPECIFIED PERIOD

In the following cases, the transfer of assets shall be treated as irrevocable for the period
mentioned therein (called as “specified period”). In other words, the power to revoke or
cancel the transfer arises to the transferor only after the specified period is over. The
cases covered are as follows:
(a) The transfer of asset is made before 1st April 1961 and is irrevocable for a period of
atleast 6 years.
(b) The transfer of asset is irrevocable during the lifetime of the transferee.
(c) The transfer of asset is made to a trust and is irrevocable during the lifetime of the
beneficiary/ beneficiaries.
In the above cases, the transferor should not derive any direct or indirect benefit from the
income from the asset during the specified period.
During the specified period, the income from the asset shall be taxable for the transferee.
After the specified period is over, the income from the asset shall be clubbed with the
transferor.
Sr. No. Situation Tax implication

1 X transfers a house property to a In this case, the house property is transferred
trust for the benefit of A and B. under a trust and it is revocable during the
However, X has a right to revoke lifetime of the beneficiary. It is a revocable
the trust during the lifetime of A transfer and income arising from the house
and/or B. property is taxable in the hands of X.
450
2 X transfers a house property to A. In this case, the house property is transferred

X has a right to revoke the transfer to a person and it is irrevocable during the
after the death of A. lifetime of transferee. Income arising from
the house property is taxable in the hands
of A during his lifetime and after death of
A, income shall be taxable for X.
3 X transfers debentures to A in PY In this case, the debentures are transferred
2021-2022. X has a right to revoke to a person and it is not irrevocable during the
the transfer after 10 years. lifetime of transferee. It is revocable after a
fixed period. Since the given case does not
get covered by section 62, it is regarded as
a “revocable transfer” and income arising
from the debentures is taxable in the hands
of X as per section 61.
4 X transfers an asset to Y on In this case, the asset is transferred before
January 1, 1960. It is revocable April 1, 1961 but it is revocable within six
on or before June 6, 1965. It is a years. Income arising from the asset is
revocable transfer. taxable in the hands of X.
5 X transfers an asset to Y on April It is an irrevocable transfer as the transfer
1, 1958. It is revocable on or after was made before 1-4-1961 and is
March 31, 2021. irrevocable for atleast 6 years (in this case,
60+years). Income arising from the asset
upto 31st March 2021 is taxable in the
hands of Y. Thereafter the income will be
taxable for X, even if the power to revoke
has not been exercised.
6 X transfers an asset to Z. Under If the transfer contains any provision to re-
the terms of transfer, on or after transfer the asset (or income therefrom) to
April 1, 2021, he has a right to the transferor directly or indirectly, wholly
utilize the income of the asset for or partly, such a transfer cannot be regarded
his benefit. However, he has not as an irrevocable transfer u/s. 62. It will be
exercised this right as yet. considered as a “revocable transfer” u/s. 61.
On or after April 1, 2021, income of the
asset would be taxable in the hands of X,
even if he has not exercised the aforesaid
right.
451
WHEN AN INDIVIDUAL IS ASSESSABLE IN RESPECT OF REMUNERATION OF SPOUSE [SEC.

64(1)(ii)]
Section 64(1)(ii) is applicable if the following conditions are satisfied —
Condition 1 The taxpayer is an individual.
Condition 2 He / she has a substantial interest in a concern.
Condition 3 Spouse of the taxpayer (i.e., husband / wife of the taxpayer) is deriving
salary, fees, commission or remuneration from the above-mentioned
concern.
Condition 4 Spouse does not possess any technical or professional knowledge or
experience.
If the aforesaid conditions are satisfied, then salary, fees, commission or remuneration of
the spouse will be clubbed in the hands of the taxpayer.
Example
X has a substantial interest in A Ltd. and Mrs. X is employed by A Ltd. without any
technical or professional qualification to justify the remuneration. In this case, salary
income of Mrs. X shall be taxable in the hands of X.
Other points: One has to keep in view the following points —
(a) Meaning of Substantial Interest: An individual has a “substantial interest” in any of
the following two situations —
(i) In the case of a company - If the individual beneficially holds (individually or
along with his relatives) atleast 20 per cent of voting power in the company at
any time during the previous year.
(ii) In the case of a concern other than company - If an individual is entitled to
atleast 20 per cent share in profit in the concern (individually or along with his
relatives) at any time during the previous year.
(b) Relative- Relative, in relation to an individual, means the husband, wife, brother or
sister or any lineal ascendant or descendant of that individual.
(c) Concern: The expression “concern” covers both business concern and professional
concern and both proprietary and non-proprietary concerns.
(d) If once clubbing is done in the hands of X, salary of X and Mrs. X will be included
in the income of X (in the subsequent years), even if income of X is lower than that
of Mrs. X in that year. In such a case, the Assessing Officer can club the income of X
and Mrs. X in the hands of Mrs. X only if the Assessing Officer is satisfied that it is
necessary to do so. The Assessing Officer can take such action only after giving Mrs.
X an opportunity of being heard.
452
TWO WAY CLUBBING: When both husband and wife have substantial interest in a concern,
both are in receipt of the remuneration from such concern and such remuneration is
received without any technical and professional qualification, then both the remunerations
will be clubbed in the hands of husband or wife whose total income, excluding such
remuneration, is greater.
Question: X holds 30 per cent equity share capital in Y Ltd. Mrs. X is employed by Y Ltd.
(salary being ` 1,40,000 per month) as general manager (finance). She does not have any
professional qualification to justify the remuneration. Ascertain in whose hands salary
income is chargeable to tax. Does it make any difference if Mrs. X was employed by Y Ltd.
even prior to her marriage?
Solution: In this case, X has substantial interest in Y Ltd. where Mrs. X is employed. Mrs.
X does not have any professional qualification to justify the remuneration of ` 1,40,000
per month. Her salary income of ` 16,80,000 (i.e., ` 1,40,000 x 12) will be taxable in the
hands of X. It does not make any difference even if Mrs. X was employed by Y Ltd. prior
to her marriage.
WHEN AN INDIVIDUAL IS ASSESSABLE IN RESPECT OF INCOME FROM ASSETS TRANSFERRED

TO SPOUSE [SEC. 64(1)(iv)]
The following conditions should be satisfied —
Condition 2 He / she has transferred an asset (other than a house property).
Condition 3 The asset is transferred to his/her spouse for no consideration or inadequate
consideration.
Condition 4 The transfer may be direct or indirect.
If the above conditions are satisfied, any income from such asset shall be deemed to be
the income of the individual who is the transferor of the asset.
It is irrelevant whether the asset is held by the transferee-spouse in the same form or in
a different form. For instance, where cash is gifted by an assessee to his wife and the wife
purchases debentures using such cash, interest income is included in the assessee’s total
income.
Example
X transfers 100 debentures of IFCI to his wife without adequate consideration. Interest
income on these debentures will be included in the income of X.
The income from asset transferred must be calculated in the same way as it would be if
the asset has not been transferred. Exemptions, deductions or tax incentives in respect of
453
such income shall be allowed to the transferor and only the net income shall be clubbed.
ANALYSIS OF CONDITIONS
Condition 1 - Asset is transferred by an individual : This provision of clubbing is applicable
if the transferor is an individual (i.e., husband or wife). If the transferor
is a person other than an individual then the above provisions are not
applicable.
Condition 2 - An asset other than a house property is transferred : To attract this section,
an asset other than a house property should be transferred. If a house
property is transferred for no or inadequate consideration, then the
transferor is “deemed” as owner of the property under section 27.
Condition 3 - Relationship of husband and wife: The relationship of husband and wife
should subsist both at the time of transfer of asset and at the time when
income is accrued (generally at the end of the previous year). It means
that transfer of asset before marriage is outside the scope of this section.
For instance, X transfers 1,000 debentures of IFCI without consideration to
his finance Miss Y on April 10, 2021. Interest income from these debentures
will not be taxable in the hands of X even after their marriage.
Similarly, if transferor-spouse dies, the income, although continued to be
enjoyed by the transferee, cannot be included in the income of deceased
transferor’s heir, as a widow or widower is not a spouse.
Condition 4 - Transfer includes “indirect” transfer: If two or more transfers are inter-
connected and are parts of the same transaction, the aforesaid rule of
clubbing is applicable.
For instance, if X gifts or cross transfers ` 10,000 to Mrs. A and A gifts property worth `
10,000 to Mrs. X, the transaction would be indirect transfer without consideration by X
to Mrs. X and by A to Mrs. A. The clubbing provisions shall apply in the same manner in
which they would have applied in case of direct transfer.
If an individual transfers an asset without consideration to his wife who sells it at a
profit, capital gain arising to wife on sale of asset is chargeable to tax in the hands of the
individual.
CLUBBING WHEN TRANSFERRED ASSET IS INVESTED IN A BUSINESS: An asset (maybe in
cash or kind) is transferred by individual to his/her spouse (directly or indirectly) for no
or inadequate consideration. The spouse invests the asset in a business. The amount of
income that will be clubbed in the hands of the individual will be determined as follows —
454
Step one Find out total investment of transferee-spouse in the business on the first
day of the previous year.
Step two Find out the amount invested by the transferee-spouse in the said business
out of the assets transferred to him/her for no or inadequate consideration
by the individual on the first day of the previous year.
Step three Find out the taxable income (exempt income is not included) of the
transferee-spouse from the business. If the transferee-spouse becomes a
partner of a firm by investing the aforesaid asset then only interest income
from the firm is considered under Step three. Share of profit from the firm
is not considered under Step three as it is exempt under section 10(2A).
Step four The amount which shall be included in the hands of transferor is determined
as follows — Step three x Step two ÷ Step one.
When clubbing is not applicable: On the basis of the aforesaid discussion and judicial
pronouncements, section 64(1)(iv) is not applicable in the following cases and the income
will be taxable for the spouse:
• If assets are transferred before marriage.
• If assets are transferred for adequate consideration.
• If assets are transferred in connection with an agreement to live apart.
• If on the date of accrual of income, transferee is not spouse of the transferor.
• If asset is acquired by the spouse out of pin money
• Income arising from accretions to transferred assets. If an assessee gifts debentures
of a company to the spouse and, subsequently, the company issues bonus debentures to
the spouse, interest on bonus debentures will not be includible in the hands of the assessee
under section 64(1)(iv) as there is no transfer of bonus debentures by the assessee to the
spouse.

TO SON’S WIFE [SEC. 64(1)(vi)]
One has to satisfy the following conditions —
Condition 2 He / she has transferred an asset.
Condition 3 The asset is transferred to his/her son’s wife for no consideration or
inadequate consideration.
If the above conditions are satisfied, then income from the asset is included in the income
455
of the taxpayer who has transferred the asset.

TO A PERSON FOR THE BENEFIT OF SPOUSE [SEC. 64(1)(vii)]
One has to satisfy the following conditions—
Condition 2 He/she has transferred an asset.
Condition 4 The asset is transferred to a person or an association of persons for no or
inadequate consideration.
Condition 5 It is transferred for the immediate or deferred benefit of his/her spouse.
If the aforesaid conditions are satisfied then income from such asset to the extent of such
benefit is taxable in the hands of the taxpayer who has transferred the asset.

TO A PERSON FOR THE BENEFIT OF SON’S WIFE [SEC. 64(1)(viii)]
One has to satisfy the following conditions —
Condition 2 The asset is transferred to any person or an association of persons for no
or inadequate consideration..
Condition 3 Transfer may be direct or indirect.
Condition 4 The asset is transferred for the immediate or deferred benefit of his/her
son’s wife.
If the above conditions are satisfied, then income from the asset to the extent of such
benefit is included in the income of the taxpayer who has transferred the asset.
WHEN AN INDIVIDUAL IS ASSESSABLE IN RESPECT OF INCOME OF HIS MINOR CHILD [SEC.

64(1A)]
All income which arises or accrues to the minor child shall be clubbed in the income of
his parent.
Clubbing in the hands of father or mother: The income of minor will be included in the
income of that parent whose total income [excluding the income includible under section
64(1A)] is greater.
The following points should be noted —
1. A is minor child of X and Mrs. X. During P.Y. 2021-22, income of A is ` 2,500 (this is
the first income of A during his life time). During P.Y. 2021-22 income of X is higher
456
than that of Mrs. X. Consequently, income of A will be included in the income of X for
P.Y. 2021-22. In the subsequent years (during the minority of A), income of A will be
included in the income of X, even if income of Mrs. X is higher than that of X in any of
the subsequent years. However, there is one exception. If in the subsequent year, the
Assessing Officer wants to include the income of minor child A in the hands of Mrs. X,
it can be done only if it is necessary to do so and that too after giving an opportunity
of being heard to Mrs. X.
2. Where the marriage of the parents does not subsist, the income of minor will be
includible in the income of that parent who maintains the minor child in the relevant
previous year.
When clubbing is not attracted: In the cases given below, clubbing provisions of section
64(1A) are not applicable —
1. Income of minor child (from all sources) suffering from any disability of the nature
specified under section 80U is not subject to clubbing provision given above.
2. Income of minor child on account of any manual work.
3. Income of minor child on account of any activity involving application of his skill,
talent or specialized knowledge and experience.
Exemption under section 10(32): In case the income of an individual includes an income of
his or her minor child in terms of section 64(1A), such individual shall be entitled to a
maximum exemption of ` 1,500 in respect of each minor child.
457
CLASSWORK PROBLEMS
Question 1
The following are the particulars of income earned by Mr. Chandrapal and his family
members
Particulars `
(i) Income from Chandrapal’s profession 2,50,000
(ii) Mrs. Chandrapal’s computed salary as primary teacher 1,06,000
(iii) Minor son Arav (interest on fixed deposits with a bank which 12,000
were gifted to him by his uncle)
(iv) Arav also has income by way winnings from lottery (gross) 2,20,000
(v) Minor daughter Pallavi’s earnings from sports 1,05,000
(vi) Cash gift received by minor married daughter Garima from 55,000
friend of Mrs. Chandrapal
(vii) Income of minor son Arvind, who suffers from disability 1,20,000
specified in section 80U
Discuss the tax implications in the hands of Mr. Chandrapal and Mrs. Chandrapal.
Question 2
Mr. Ramesh gifted a sum of ` 5 lacs to his brother’s minor son on 1-4-2021. On 18-4-
2021, his brother gifted debentures worth ` 6 lacs to Mrs. Ramesh. Son of Mr. Ramesh’s
brother invested the amount in fixed deposit with Bank of in India 9% p.a. interest and
Mrs. Ramesh received interest of ` 45,000 on debentures received by her.
Discuss the implications under the provisions of the Income-tax Act. 1961.

Question 3
A Proprietary Business was started by Smt. Rani in the year 2010. As on 1.4.2020 her
capital in business was ` 3,00,000.
Her husband gifted ` 2,00,000, on 10.4.2020, which amount she invested in her business
on the same date. She earned profits from her proprietary business for the Financial Year
2020-21 `1,50,000 and Financial Year 2021-22 `3,90,000.
Compute the income to be clubbed in the hands of Rani's husband for the A.Y. 2022-2023
with reasons.
458
Question 4
Mr. Ram gifted ` 20,00,000 to his wife. She purchased a house worth ` 50,00,000. The
source of funds were :
(i) ` 20,00,000 gift from her husband.
(ii) ` 10,00,000 personal assets.
(iii) ` 20,00,000 loan from a private party on interest of 10% p.a.
She rented the building at ` 80,000 per month. After payment of the Interest on Loan,
she invested surplus amount of rental income with a merchant, which yielded an interest
income of ` 70,000.
The Assessing Officer wants to add the rental income and interest income in the income
of her husband. Is the Assessing Officer justified in his action?
Question 5
Divya is born on 7.6.2007. Her betrothal took place on 5.3.2020. On the said day she
received cash gifts of ` 50,000 each from her father, father's mother, father's father,
mother, mother's mother, and mother's father. All the six relatives made similar gifts on
the day of marriage i.e., on 1.4.2021. The amount so received is deposited in a private
limited company in which her husband has substantial interest. For the year ending
31.3.2022, the company has paid her interest @ 14% i.e. ` 84,000.
Discuss how this income will be assessed to income-tax for P.Y. 21-22 A.Y. 22-23 only.
Question 6
Compute the gross total income of Mr. & Mrs. A from the following information:
Particulars `
a. Salary income (computed) of Mrs. A 2,30,000
b. Income from profession of Mr. A 3,90,000
c. Income of minor son B from company deposit 15,000
d. Income of minor daughter C from special talent 32,000
e. Interest from bank received by C on deposit made out of her 3,000
special talent
f. Gift received by C on 30.09.2021 from friend of Mrs. A 2,500
Brief working is sufficient. Detailed computation under various heads of income is not
required.
Question 7
During the previous year 2021-22, the following transactions occurred in respect of Mr. A.
459
(a) Mr. A had a fixed deposit of ` 5,00,000 in Bank of India. He instructed the bank to
credit the interest on the deposit @ 9% from 1-4-2021 to 31-3-2022 to the savings
bank account of Mr. B, son of his brother, to help him in his education.
(b) Mr. A holds 75% share in a partnership firm. Mrs. A received a commission of
` 25,000 from the firm for promoting the sales of the firm. Mrs. A possesses no
technical or professional qualification.
(c) Mr. A gifted a flat to Mrs. A on April 1, 2021. During the previous year 2021-22, Mrs.
A’s “Income from house property” (computed) was ` 52,000
(d) Mr. A gifted ` 2,00,000 to his minor son who invested the same in a business and he
derived income of ` 20,000 from the investment.
(e) Mr. A’s minor son derived an income of ` 20,000 through a business activity involving
application of his skill and talent.
During the year, Mr. A got a monthly pension of ` 10,000. He had no other income. Mrs.A
received salary of ` 20,000 per month from a part time job.
Discuss the tax implications of each transaction and compute the total income of Mr. A,
Mrs. A and their minor child.
460
CLASSWORK SOLUTIONS
Answer 1
As per the provisions of section 64(1A), in case the marriage of the parents subsist, the
income of a minor child shall be clubbed in the hands of the parent whose total income,
excluding the income of the minor child to be clubbed, is greater. In this problem, it has
been assumed that the marriage of Mr. Chandrapal and Mrs. Chandrapal subsists.
However, in case the income arises to the minor child on account of any manual work done
by the child or as a result of any activity involving application of skill, talent, specialized
knowledge or experience of the child, then, the same shall not be clubbed in the hands
of the parent.
Further, the income of minor child suffering from disability of the nature specified under
section 80U shall also not be included in the hands of parents.
Tax implications
(i) Income of ` 2,50,000 from Mr. Chandrapal’s profession shall be taxable in the hands
of Mr. chandrapal under the head ‘Profits and gains of business or profession’.
(ii) Salary of `1,06,000 received by Mrs. Chandrapal as a Primary teacher shall be
taxable as ‘Salaries’ in the hands of Mrs. Chandrapal.
(iii) Income from fixed deposit of ` 12,000 arising to the minor son Arav, shall be clubbed
in the hand of the father, Mr. Chandrapal as “Income from other sources”. since Mr.
Chandrapal’s income is greater than the income of his wife before including the
income of the minor child.
As per section 10(32), income of a minor child which is includible in the income of the
parent shall be exempt to the extent of ` 1,500 per child. The balance income would
be clubbed in the hand of the parent as “ Income from other sources”.
Therefore, ` 10,500 would be clubbed in the hands of Mr.Chandrapal.
(iv) income of ` 2,20,000 arising to minor son Aray from lottery shall be included in the
hands of Mr. Chandrapal as “Income from other sources”’ since Mr. Chandrapal’s
income is greater than the income of his wife before including the income of minor
child.
Note – Mr. Chandrapal can reduce the tax deducted at source from such lottery
income while computing his net tax liability.
(v) Income of ` 1,05,000 arising to the minor daughter Pallavi from sports shall not
be included in the hands of the parent, since such income has arisen to the minor
daughter on account of an activity involving application of her skill.
(vi) The clubbing provisions are attracted even in respect of income of minor married
461
daughter. As per section 56(2)(x), cash gifts received from any person/persons
exceeding ` 50,000 during the year in aggregate is taxable. Since the cash gift in this
case exceeds ` 50,000, the amount of ` 55,000 shall be taxable under section 56(2)
(x). This amount shall be clubbed in the hands of Mr. Chandrapal and exemption
under section 10(32) of ` 1,500 per child shall be allowed in his hands.
(vii) Income of minor son Arvind, who suffers from disability specified under section 80U,
shall not be included in the hands of either of his parents.
Answer 2
In the given case, Mr. Ramesh gifted a sum of ` 5 lacs to his brother’s minor son on 1-4-
2021 and simultaneously, his brother gifted debentures worth ` 6 lacs to Mr. Ramesh’s
wife on 18-4-2021. Mr. Ramesh’s brother’s minor son invested the gifted amount of ` 5
lacs in fixed deposit with Bank of India.
These transfers are in the nature of cross transfers. Accordingly, the income from the
assets transferred would be assessed in the hands of the deemed transferor because
the transfers are so intimately connected to form part of a single transaction and each
transfer constitutes consideration for the other by being mutual or otherwise.
As per section 64(1A), all income of a minor child is includible in the hand of the parent,
whose total income, before including minor’s income is higher. Accordingly, the interest
income arising to Mr. Ramesh’s brother’s son from fixed deposits would be included in the
total income of Mr. Ramesh’s brother, assuming that Mr. Ramesh’s brother’s total income
is higher than his wife’s total income, before including minor’s income. Mr. Ramesh’s
brother can claim exemption of ` 1,500 under section 10(32).
Interest on debentures arising in the hands of Mrs. Ramesh would be taxable in the hands
of Mr. Ramesh as per section 64(1)(iv).
This is because both Mr. Ramesh and his brother are the indirect transferors of the income
to their spouse and minor son, respectively, with an intention to reduce their burden of
taxation.
In the hands of Mr. Ramesh Interest received by his spouse on debentures of ` 5 lacs alone
would be included and not the entire interest income on the debentures of ` 6 lacs, since
the cross transfer is only to the extent of ` 5 lacs.
Hence, only proportional interest (i.e., 5/6th of interest on debentures received) ` 37,500
would be includible in the hand of Mr. Ramesh.
The provisions of section 56(2)(vii) are not attracted in respect of sum of money transferred
of value of debentures transferred, since in both the cases, the transfer is from a relative.
462
Answer 3
There will be no clubbing of income in the hands of Rani’s husband for P.Y. 2020-2021
since the gift amount has been invested by Smt. Rani in the business during P.Y. 2020-21
and not on the first day of the year. The entire profit of ` 1,50,000 shall be taxable for Smt.
Rani.
The profit for P.Y. 2021-2022 shall be clubbed in the hands of Rani’s husband u/s. 64(1)
(iv) as follows:
Total investment in business on 1-4-2021
Opening Balance on 1-4-2020 3,00,000

Add: Gift amount invested in business on 10-4-2020 2,00,000
Add: Profit for P.Y. 2020-2021 1,50,000
Closing Balance on 31-3-2021 i.e. Balance on 1-4-2021 6,50,000
Amount to be clubbed =
Amount taxable for Smt. Rani= ` 3,90,000 – ` 1,20,000 = ` 2,70,000/-
Answer 4
Mr. Ram has gifted cash which was subsequently utilized to purchase a house property.
So the provision of deemed owner u/s/ 27 shall not apply. The rent income from the
property shall be clubbed in the hands of Mr. Ram u/s. 64(1)(iv) in proportion of capital
invested i.e. gift amount & balance income will be taxable in the hands of Mrs. Ram.
The interest income is generated out of investment of surplus rent income. This implies
that interest is “Income on already clubbed Income” and accordingly cannot be clubbed
in the hands of Mr. Ram. The interest shall be taxable for Mrs. Ram.
Answer 5
Such interest income will be clubbed u/s 64(1A) in that parent’s hands whose income
prior to such clubbing is higher, after allowing exemption u/s 10(32) of ` 1,500 or the
income clubbed (whichever is least).
463
Even if the amount is invested in an organisation in which her husband is substantially

interested, the clubbing provisions u/s 64(1)(ii) will not be attracted as interest is not
remuneration but return on investment. The amount invested by Divya is not gifted by her
husband and hence, clubbing u/s. 64(1)(iv) is also not attracted. All income of the minor,
including minor married daughter, is clubbed with the parent u/s 64(1A).
After attaining majority, such interest income will be taxable in the hands of Divya.
Interest received = 84,000

(-) Exempt u/s 10(32) = (1,500)
Clubbed u/s 64(1A) = 82,500

464
SET OFF & CARRY

FORWARD OF LOSSES
WHAT IS THE MODE OF SET OFF AND CARRY FORWARD

The process of setting off of losses and their carry forward may be covered in the following
steps:
Step 1 : Inter-source adjustment under the same head of income u/s 70.
Step 2 : Inter-head adjustment in the same assessment year u/s 71. Step 2 is
applied only if a loss cannot be set off under step 1.
Step 3 : Carry forward of a loss. Step 3 is applied only if a loss cannot be set off
under Steps 1 and 2.
Inter source adjustment (Sec. 70):

General rule – If the net result for any assessment year, in respect of any source under any
head of income, is a loss, the assessee is entitled to have the amount of such loss set off
against his income from any other source under the same head of income for the same
assessment year.
Exceptions
Loss from speculation business: Loss in a speculation business can be set off only against
the profits in a speculation business.
→ Note:
 Loss from non-speculation business can be set off against other non-speculation
business profits and if not fully set off, then it can be set off against speculation
business profits also.
 Loss from a specified business – Any loss, computed in respect of any specified
business referred to in section 35 AD, shall not be set off except against profits
and gains, if any other specified business.
→ Loss from the activity of owning and maintaining race horses - Loss incurred in the
business of owning and maintaining race horses cannot be set off against income, if
any, from any other source, except, income from such business in the future.
→ Note:
465
 Although it is a business income, but it is taxable under income from other

sources, since it promotes gambling.

→ Loss cannot be set off against winnings from lotteries,crossword puzzles, etc.- As per section
58 a loss cannot be set off against winnings from lotteries, crossword puzzles, races
including horse races, card game and other games of any sort or from gambling or
betting of any form or nature.
→ Long - term capital loss can be set off only against long - term capital gains i.e. it cannot
be set off against short term capital gains.
Note :
 Short term capital loss can be set off against any other short term capital gains
as first priority and if not fully set off, then set off against long term capital
gains if any.
INTER-HEAD ADJUSTMENT – HOW MADE [SEC. 71]

General rule – Where the net result of computation made for any assessment year in
respect of any head of income is a loss, the same can be set off against the income from
other heads.
Provisions illustrated – X has two non-speculative businesses – Business A and Business
B. Besides he has income from house property. The result of the three sources of income
is given below:
Business income Property income
Business A ` `
Business B (-) 2,90,000
Income from house property 70,000 5,10,000
Total (-) 2,20,000 5,10,000
In this case, business loss of ` 2,20,000 can be adjusted against property income of
` 5,10,000. Consequently, the property income is reduced to ` 2,90,000. It may be noted
that X does not have any option to set off (or not to set off) the business loss against
property income.
Exceptions- The following are the exceptions to the aforesaid rule—

→ Loss in a speculation business - Loss in a speculation business cannot be set off against
any other income.
→ Loss in a business specified under section 35AD - Loss, computed in respect of any
466
specified business referred to in section 35AD cannot be set off against any other
income.
→ Loss under the head "Capital gains" - Losses under the head "Capital gains" cannot be
set off against any income except income under the head "Capital gains".
→ Loss from the activity of owning and maintaining race horses - Losses from the activity
of owning and maintaining race horses cannot be set off against any other income.
→ Business loss cannot be set off against salary income' - Loss from business or profession
(including depreciation) cannot be set off against income under the head "Salaries".
→ Loss cannot be set off against winnings lotteries, etc. - By virtue of section 58(4) a loss
cannot be set off against winnings from lotteries, crossword puzzles, races (including
horse races), card games and other games of any sort or from gambling or betting
of any form or nature.
→ Loss from house property cannot be set off more than 2 lakhs against any other head
of income.
Sec. 71B :Carry forward and set off of loss from house property
Loss to the extent not set off u/s 70 & 71, is allowed to be carried forward for set off
against future income from house property only, for a maximum of 8 assessment years
immediately after the end of the relevant assessment year in which the loss was
suffered.
Sec. 72 : Carry forward and set off of non-speculation business losses :

Non-speculation business loss to the extent not set off u/s 70 &71, is allowed to be
carried forward for set off against the profits and gains of any business (non-speculation
as well as speculation) and not necessarily the same business income of the future. If not
fully set off, then against any ‘business income’ taxable under other heads such as:-
 Income from house property (where it is the business of owning and letting out
residential houses)
 Income from other sources
- Income from other activity of owning & maintaining race horses.
- Dividend on foreign company shares or co-operative society shares held as stock in
trade.
Even if the business to which such loss relates is discontinued, yet the loss is entitled to be
carried forward for a maximum period of 8 assessment years from the end of assessment year
of loss, failing which the unabsorbed loss is lost i.e. not allowed to be carried forward.
467
Unabsorbed depreciation under sec. 32(2): Unabsorbed depreciation allowance (U.A.D.) will
be set off and carried forward as follows :
(1) Normally entitled depreciation is allowed as a deduction to the maximum extent
of available profits prior to claiming depreciation, but after claiming all other
deductions, i.e. to the maximum extent to bring the profits to NIL.
A person cannot create a loss or cannot increase an already existing cash loss, by
claiming depreciation.
The portion of depreciation which could not be allowed as a deduction is known as
unabsorbed depreciation (i.e. U.A.D).
(2) Such U.A.D can be set off u/s 70 against any business income (non-speculation or
speculation)
(3) If not fully set off u/s 70 as above, then the unabsorbed portion can be set off u/s
71 against any another income of the assessee for the same year except salary and
casual winnings.
(4) U.A.D. (after sec 70 & 71) will be carried forward u/s 32(2) to be set off against any
income (except casual winnings & salaries) till it is fully set off, i.e. without any time
limit, even if the business to which such U.A.D. relates, is no longer in existence in the year
of set off.
However the priority of set off of U.A.D. in the subsequent years against subsequent
year’s income from business or profession would be :
 1st priority to current depreciation of the subsequent year.
 2nd priority to subsequent year’s any other business loss u/s 70
 3rd priority to any other head’s loss u/s 71 (i.e. loss under The head “income from
house property“ or “income from other sources” which remains unabsorbed
after applying section 70 provisions) of the subsequent year.
 4th priority to brought forward business loss u/s 72 within the time limit of 8
years.
 If still some positive income remains after above set off, under subsequent
year’s income from business , then the 5th priority to unabsorbed depreciation
and the amount not set off can be set off against any other positive income of
subsequent year except income from salaries & casual winnings.
468
Sec. 73 : Loss in speculation business.

(1) This section allows such loss to be set off only against profit and gains of any other
such speculation business of the same previous year, under sec. 70.
(2) Unabsorbed speculation business loss will be carried forward and set off against
speculation business profit of subsequent year u/s. 73.
(3) Thus, speculative business loss cannot be set off against any other head of Income.
(4) It is allowed to be carried forward and set off for a period of 4 years from the end of
assessment year of loss.
The business in which speculation loss is incurred may be discontinued in the relevant
year of set off.
Sec.73A : Losses in specified business u/s 35AD

→ Any loss, computed in respect of any specified business referred to in section 35AD
shall not be set off except against profits and gains, if any, of any other specified
business. In case of Hotel and Hospital business, such loss can be set off against
the profit of another specified business, whether OR NOT the latter is eligible for
deduction u/s. 35AD.
→ If any loss remains unabsorbed as above, it shall be carried forward and set off
against any income of any specified business of the next assessment year / years till
it is fully set off, without any time limit.
Sec. 74 : Loss under the head Capital Gains :

This section permits loss under the head capital gains to be carried forward and set off
against Income under the head Capital Gains of subsequent year as under:
(i) Unabsorbed short term capital losses can be carried forward and set off against
short term or long term capital gains.
Unabsorbed long term capital loss can be carried forward and set off against long
- term capital gains only.
(ii) Thus loss under capital gains cannot be set off against any other head of income.
(iii) Carry forward is allowed for a maximum of 8 years from the end of assessment year
of loss.
469
Sec. 74 A : Loss from the activity of owning and maintaining horses for racing :
a. This section permits it to be carried forward in the subsequent years.
b. It cannot be adjusted against any other head of income in the same year.
c. In the subsequent years it can be set off only against the income of the same activity.
d. Such carry forward is allowed only for period of 4 years from the end of
assessment year of loss.
Sec 80: Submission of return of losses

According to this section carry forward and set off of only “Assessed Loss” will be allowed
(and not the “returned loss” as per the return of income).
It is compulsory to file return of income u/s 139(3) in case of a loss
[u/s 139(3) filing of ‘return of income ‘on or before the due date as specified u/s 139(1):-
• 31/10 of assessment year if audit is compulsory
• 30/11 of assessment year if there is an international transaction
31/7 of assessment year in any other case].
However in the case of the following, the loss will be allowed to be carried forward and
set off, even if the return is not filed on or before its due date :-
- House property loss u/s 71B
- U.A.D u/s 32(2)
470
SET - OFF AT A GLANCE

In the same year Carry forward to subsequent years
Heads of Income, i.e. Under same Under other head u/s.71 Allowed Set off For how
loss under the head head u/s. 70 in the same P.Y. Except or not against many
casual winnings which head years

1. Income from Salary N.A. N.A. N.A. N.A. N.A.
2. Income from House Yes Yes to the max extent Yes Same head 8 years
property of 2 lakhs u/s.71B

3. Non-speculative Yes Yes (except salary Yes Same head 8 years
business income) u/s.72

4. Unabsorbed Yes Yes (except salary Yes Any head No time
depreciation income) u/s 32(2) except limit
(U.A.D) salary and
casual
winnings
5. Speculative business Yes (only No Yes Speculative 4 years
against u/s.73 Income only
speculative
Income)
6. Losses in specified Yes No Yes u/s Yes No time
business u/s 35AD 73A limit

7. Capital Gains (Short - Yes No Yes Same head 8 years
term / long term) * u/s.74

8. Activity of owning No No Yes Same 4 years
& maintaining and activity
training horses for u/s.74A
races under income
from other sources.
9. Gambling No No No No No
10. Any other loss Yes Yes No No No
under income from
other sources
* Short term against short term or long term, but long term only against long term.
471
CLASSWORK PROBLEMS
Question 1
The following are the details relating to Mr. Srivatsan, a resident Indian, aged 57, relating
to the year ended 31.3.2022:
Particulars `
Income from salaries (computed) 2,20,000
Loss from house property 1,90,000
Loss from cloth business 2,40,000
Income from speculation business 30,000
Loss from specified business covered by section 35AD 20,000
Long-term capital gains from sale of urban land 2,50,000
Agriculture Income from India 1,10,000
Loss from card games 32,000
Income from betting (Gross) 45,000
Life Insurance Premium paid 1,20,000
Compute the total income and show the items eligible for carry forward.
Question 2
Mr. Rajat submits the following information for the financial year ending 31st March,
2022. He desires that you should:
(a) Compute the total income and
(b) Ascertain the amount of losses that can be carried forward
Particulars `
(i) He has two houses:
(a) House No. I – Income after all statutory deductions 72,000
(b) House No. II – Current year loss (30,000)
(ii) He has three proprietary businesses
(a) Textile Business :
(i) Discontinued from 31st October, 2020 – Current year loss 40,000
(ii) Brought forward business loss of A.Y. 2016-17 95,000
(b) Chemical Business :
(i) Discontinued from 1st March, 2018 – hence no profit / loss Nil
(ii) Bad debts allowed in earlier years recovered during this year 35,000
(iii) Brought forward business loss of A.Y. 2018-19 50,000
(c) Leather Business : Profit for the current year 1,00,000
(d) Share of profit in a firm in which he is partner since 2005 16,550
472
(iii) (a) Short-term capital gain 60,000

(b) Long-term capital loss 35,000
(iv) Contribution to LIC towards premium 10,000
Question 3
Compute the total income of Mr. Krishna for the assessment year 2022-23 from the
following particulars:
Income from business before adjusting the following items: 1,75,000
(a) Business loss brought forward from assessment year 2016-17 1,70,000
(b) Current year depreciation 40,000
(c) Unabsorbed depreciation of earlier year 1,55,000
Income from house property (Gross Annual Value) 4,32,000
Municipal taxes paid 32,000
Mr. Krishna sold a plot at Noida on 12th September, 2021 for a consideration
of ` 6,40,000, which had been purchased by him on 20th December, 2019
at a cost of ` 4,10,000
Long-term capital loss on sale of shares sold through recognized stock 75,000
exchange (STT paid at acquisition and sale)
Long-term capital gain on sale of debentures 60,000
Dividend on shares held as stock in trade of a co-operative society 22,000
Dividend from a foreign company carrying on agricultural business in India 10,000
473
Question 1
Compute the gross total income of Mr. E For the A.Y. 2022-23 from the information given
below –
Particulars `
Income from house property (computed) 1,25,000
Income from business (before providing for current year depreciation) 1,35,000
Short term capital gains on sale of shares 56,000
Long term capital loss from sale of property (brought forward from A.Y. (90,000)
2019-20)
Income from growing & manufacturing tea business 1,20,000
Current year depreciation (26,000)
Brought forward business loss (loss incurred six years ago) (45,000)
Answer
Gross Total Income of Mr. E for the A.Y. 2022-23
Particulars ` `
Income from house property (Computed) 1,25,000
Income from business
Profits before depreciation 1,35,000
Less: Current year depreciation (26,000)
Less: brought forward business loss (45,000)
64,000
Income from tea business (40% is business income) 48,000 1,12,000
Capital gains
Short term capital gains 56,000
Note:
(1) 60% of the income from tea business is treated as agricultural income and therefore,
exempt from tax;
(2) Long-term capital loss can be set-off only against long-term capital gains. Therefore,
long-term capital loss of ` 90,000 brought forward from A.Y. 2019-20 cannot be
474
set-off in the A.Y. 2022-23, since there is no long-term capital gains in that year. It
has to be carried forward for set-off against long-term capital gains, if any, during
A.Y. 2023-24.
Question 2
Mr. Sohan submits the following details of his income for the assessment year 2022-23:
Particulars `
Income from salary (computed) 3,00,000
Loss from let out house property (-) 40,000
Income from sugar business 50,000
Loss from iron one business b/f (discontinued in P.Y. 2015-16) (-)1,20,000
Short term capital loss (-) 60,000
Long term capital gain 40,000
Income received from lottery winning (Gross) 50,000
Winnings from card games (Gross) 6,000
Agricultural income 20,000
Long-term capital gain from equity shares 10,000
(STT paid at the time of both acquisition and sale)
Short term capital loss under section 111A (-) 10,000
Bank interest on Fixed deposit 5,000
Calculate gross total income and losses to be carried forward.
Answer
Computation of Gross Total Income of Mr. Sohan for the A.Y. 2022-23
Particulars ` `
Salaries
Less: Loss from house property set-off against salary (40,000) 2,60,000
income as per section 71
Profits and gains of business or profession
Income from sugar business 50,000
Less:: Brought forward loss from iron-ore business set-off Nil
as per section 72(1) (50,000)
475
Balance business loss of ` 70,000 of P.Y. 2015-16 to be

carried forward to A.Y. 2023-24
Capital gains
Long-term capital gain form listed equity shares ---
[Exempt upto ` 1 lakh]
Less: Short term capital loss set-off (40,000) Nil
Balance short-term capital loss of ` 20,000 to be carried
forward u/s 74
Short-term capital loss of ` 10,000 under section 111A

also to be carried forward u/s 74
Income from other sources

Winnings from lottery 50,000
Winnings from card games 6,000
Bank interest 5,000 61,000
Losses to be carried forward to A.Y. 2023-24
Loss of iron-ore business (` 1,20,000 – ` 50,000) 70,000
Short term capital loss (` 20,000 + ` 10,0 00) 30,000
Notes:
1. Agricultural income i.e. exempt under section 10(1).
2. It is presumed that loss from iron-ore business relates to P.Y. 2015-16, the year in
which the business was discontinued.
3. Long-term capital gain on sale of shares on which STT is paid both at the time of
acquisition & sale is exempt upto ` 1 lakh.
Question 3
Mr. Batra furnishes the following details for year ended 31.03.2022:
Particulars `
Short term capital gain 1,40,000
Loss from speculative business 60,000
Long term capital gain on sale of land 30,000
Long term capital loss on sale of unlisted shares 1,00,000
476
Income from business of textile (after allowing current year 50,000

depreciation)
Income from activity of owning and maintain race horses 15,000
Loss from house property (40,000)
Following are the brought forward losses:

(i) Losses from activity of owning and maintain race horses-pertaining to A.Y.
2019-20 ` 25,000.
(ii) Brought forward loss from business of textile ` 60,000 – Loss pertains to A.Y.
2014-15.
Compute gross total income of Mr. Batra for the Assessment Year 2022-23. Also determine
the losses eligible for carry forward to the Assessment Year 2023-24.
Answer
Computation of Gross Total Income of Mr. Batra for the A.Y. 2022-23.
Particulars ` `
Salaries (computed) 1,00,000
Less: Current year loss from house property u/s 71 (40,000) 60,000
Profit and gains of business or profession
Income from textile business 50,000
Less: Loss from textile business brought forward from (60,000)
A.Y. 2014-15
Balance business loss of A.Y. 2014-15 [See Note 1] (10,000) NIL
Income from the activity of owning and maintain race horses 15,000
Less: Loss from activity of owning and maintaining race (25,000)
horses brought forward from A.Y. 2019-20
Loss to be carried forward to A.Y. 2023-24 [See Note 2] (10,000) NIL
Capital Gain
Short term capital gain 1,40,000
Long term capital gain on sale of land 30,000
Less: Long term capital loss on sale of unlisted shares (1,00,000)
Loss to be carried forward to A.Y. 2023-24 [See Note 3] (70,000) NIL
Gross total Income 2,00,000
477
Losses to be carried forward to A.Y. 2023-24

Particulars `
Current year loss from speculative business [See Note-4] 60,000
Current year long term capital loss on sale of unlisted shares 70,000
Loss from activity of owning and maintaining of race horse pertaining to 10,000
A.Y. 2019-20
Notes :
(1) As per section 72(3), business loss can be carried forward for a maximum of eight
assessment years immediately succeeding the assessment year for which the loss
was first computed. Since the eight year period for carry forward of business loss of
A.Y. 2014-15 expired in the A.Y. 2022-23, the balance unabsorbed business loss of `
10,000 cannot be carried forward to A.Y. 2023-24.
(2) As per section 74A(3), the loss incurred on maintenance of race horses cannot be set-
off against income from any source other than the activity of owning and maintain
race horses. Such loss can be carried forward for a maximum period of 4 assessment
years.
(3) Long-term capital loss on sale of unlisted shares can be set-off against long-
term capital gain on sale of land. The balance loss of ` 70,000 cannot be set-off
against short term gain or against any other head of income. The same has to
be carried forward for set-off against long-term capital gain of the subsequent
assessment year. Such long-term capital loss can be carried forward for a maximum
of eight assessment years.
(4) Loss from speculation business cannot be set-off against any income other than
profit and gains of another speculation business. Such loss can, however, be carried
forward for a maximum of four years as per section 73(4) to be set-off against
income from speculation business.
478
Question 4
Mr. A furnishes you the following information for the year ended 31.03.2022:
(`)
(i) Income from plying of vehicles (computed as per books) 3,20,000
(He owned 5 light goods vehicle throughout the year)
(ii) Income from retail trade of garments 7,50,000
(Computed as per books) (Sales turnover ` 1,21,70,000)
Mr. A had declared income on presumptive basis under section
44AD for the first time in A.Y. 2021-22.
(iii) He has brought forward unabsorbed depreciation relating to A.Y. (1,00,000)
2019-20
Compute taxable income of Mr. A and his tax liability for the assessment year
2022-23 with reasons for your computation.
Answer
Computation of total income and tax liability of Mr. A for the A.Y. 2022-23
Particulars (`)
Income from retail trade – as per books (See Note 1 below) 7,50,000
Income from plying of vehicles – as per books (See Note 2 below) 3,20,000
10,70,000
Less: Set off brought forward depreciation relating to A.Y. 2019-20 u/s
32(2) (1,00,000)
Total income 9,70,000
Tax liability 1,06,500
Add: Health and Education cess @ 4% 4,260
Total tax liability 1,10,760
Note:
1. Income from retail trade: Presumptive business income under section 44AD is ` 9,73,600
i.e. 8% of turnover of ` 1,21,70,000 assuming the amount of sales turnover was
received in cash. However, the income computed as per books is ` 7,50,000 which is
to be further reduced by the amount of unabsorbed depreciation of ` 1,00,000. Since
the income computed as per books is lower than the income deemed under section
44AD, the assessee can adopt the income as per books.
However, if he does not opt for presumptive taxation under section 44AD, he has
479
to maintain books of account as per section 44AA and get his books of accounts
audited section 44AB, because his case would be falling under section 44AD(4) and
hence tax audit is mandatory.
2. Income from plying of light goods vehicles: Income calculated under section 44AE(1)
would be ` 7,500 x 12 x 5 which is equal to ` 4,50,000. However, the income from
plying of vehicles as per books is ` 3,20,000, which is lower than the presumptive
income of ` 4,50,00 calculated as per section 44AE(1). Hence, the assessee can adopt
the income as per books i.e. ` 3,20,000, provided he maintains books of account as
per section 44AA and gets his accounts audited and furnishes an audit report as
required under section 44AB.
It is to be further noted that in both the above cases, had presumptive income
provisions been opted, all deductions under sections 30 to 80, including depreciation
would have been deemed to have been given full effect to and no further deduction
under those sections would be allowable.
If the assessee opted for income to be assessed on presumptive basis, his total
income would be as under:
Particulars (`)
Income from retail under section 44AD [` 1,21,70,000 @ 8%] 9,73,600
Income from plying of light goods vehicles under section 44AE [` 7,500 x 4,50,000
12 x 5]
14,23,600
Less: Set off of brought forward depreciation – not possible as it is deemed Nil
that it has been allowed and set off
Tax thereon 2,39,580
Total tax liability (rounded off) u/s 288B to the nearest multiple of ` 10/- 2,49,160
Question 5
Mr. Aditya furnishes the following details for the year ended 31-03-2022:
Loss from speculative business A (25,000)
Income from speculative business B 5,000
Loss from specified business covered under section 35AD (20,000)
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Loss from house property (2,50,000)
Income from trading business 45,000
Long-term capital gain from sale of urban land 2,00,000
Long-term capital loss on sale of shares (STT not paid) (75,000)
Long-term capital loss on sale of listed shares in recognized stock (1,02,000)
exchange (STT paid at the time of acquisition and sale of shares)
Following are the brought forward losses:

(1) Losses from owning and maintaining of race horses pertaining to A.Y. 2019-20
` 2,000.
(2) Brought forward loss from trading business ` 5,000 relating to A.Y. 2016-17.
Compute the total income of Mr. Aditya and show the items eligible for carry forward.
Ans.
Computation of total income of Mr. Aditya for the A.Y. 2022-23
Particulars ` `
Salaries
Income from Salary computed 3,00,000
Less: Loss from house property set-off against salary income 1,00,000
as per section 71(1) (upto maximum 2,00,000) (2,00,000)
Income from trading business 45,000
Less: Brought forward loss from trading business of A.Y.
2016-17 can be set off against current year income from
trading business as per section 72, since the eight year time
long as specified under section 72, within which set-off is
permitted, has not expired (5,000) 40,000
Income from speculative business B 5,000
Less: Loss from speculative business A set-off as per section (25,000)
73
Loss from speculative business A to be carried forward to (20,000)
A.Y. 2023-24 as per section 73
Loss from specified business covered under section 35AD to
be carried forward for set-off against income from specified
business as per section 73A (20,000)
481
Capital Gains
Long term capital gain on sale of urban land 2,00,000
Less: Long term capital loss on sale of shares (STT not paid) (75,000)
set-off as per section 70
Less: Long-term capital loss on sale of listed shares on
which STT is paid can also be set-off as per section 70 ,since
long-term capital gains arising on sale of such shares is (1,02,000) 23,000
taxable under section 112A
Items eligible for carried forward to A.Y. 2023-24

Particulars `
Loss from House property 50,000
As per section 71(3A), Loss from house property can be set-off against
any other head of income to the extent of ` 2,00,000 only.
As per section 71B, balance loss not set-off can be carried forward to
the next year for set-off against income from house property of that
year.
IT can be carried forward for a maximum of eight assessment years i.e.,
upto A.Y. 2030-31, in this case.
Loss from speculative business A 20,000
Loss from speculative business can be set-off only against profits from
any other speculation business. As per section 73(2), balance loss not
set-off can be carried forward to the next year for set-off against
speculative business income of that year. Such loss can be carried
forward for a maximum of four assessment years i.e., upto A.Y. 2026-
27, in this case, as specified under section 73(4)
Loss from specified business 20,000
Loss from specified business under section 35AD can be set-off only
against profits of any other specified business. If loss cannot be so set-
off, the same has to be carried forward to the subsequent year for set off
against income from any specified business, in that year. As per section
73A(2), such loss can be carried forward indefinitely for set-off against
profits of any specified business.
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Loss from the activity of owning and maintain race horses 2,000
Losses from the activity of owning and maintain race horses (current
year or brought forward) can be set-off only against income from the
activity of owning and maintain race horses. If it cannot be so set-off,
it has to be carried forward to the next year for set-off against income
from the activity of owning and maintaining race horses, if any, in that
year. It can be carried forward for a maximum of four assessment years,
i.e., upto A.Y. 2023-24, in this case, as specified under section 74A(3)
Question 6
Mr. Garg, a resident individual, furnishes the following particulars of his income and other
details for the previous year 2021-22.
Particulars `
(1) Income from Salary (computed) 15,000
(2) Income from business 66,000
(3) Long term capital gain on sale of land 10,800
(4) Loss on maintenance of race horses 15,000
(5) Loss from gambling 9,100
The other details of unabsorbed depreciation and brought forward losses pertaining to
Assessment Year 2019-20 are as follows:
Particulars `
(1) Unabsorbed depreciation 11,000
(2) Loss from Speculative business 22,000
(3) Short term capital loss 9,800
Compute the Gross total income of Mr. Garg for the Assessment Year 2022-23 and the
amount of loss, if any that can be carried forward or not.
Answer
Computation of Gross Total Income of Mr. Garg for the A.Y. 2022-23
Particulars ` `
I. Income from Salary (computed) 15,000
II. Profits and gains of business or profession 66,000
483
Less: Unabsorbed depreciation brought forward from

A.Y. 2019-20 (11,000) 55,000
(Unabsorbed depreciation can be set-off against any
head of income other than “salary”)
iii. Capital gains
Long-term capital gain on sale of land 10,800
Less: Brought forward short-term capital loss
[Short-term capital loss can be set-off against both
short-term capital gains and long-term capital gains
as per section 74(1)] (9,800) 1,000
Gross Total Income 71,000
Amount of loss to be carried forward to A.Y. 2023-24

Particulars `
(1) Loss from speculative business (to be carried forward as per section 22,000
73)
[Loss from a speculative business can be set off only against income
from another speculative business. Since there is no income from
speculative business in the current year, the entire loss of ` 22,000
brought forward from A.Y. 2019-20 has to be carried forward to A.Y.
2023-24 for set-off against speculative business income of that
year. It may be noted that speculative business loss can be carried
forward for a maximum of four years as per section 73(4), i.e., upto
A.Y. 2023-24]
(2) Loss on maintenance of race horses [to be carried forward as per section 15,000
74A]
[As per section 74A(3), the loss incurred in the activity of owning
and maintain race horses in any assessment year cannot be set-
off against income from any other source other than the activity of
owning and maintain race horses. Such loss can be carried forward
for a maximum of four assessment years i.e. upto A.Y. 2026-27]
(3) Loss from gambling can neither be set-off not be carried forward. --
Question 9
Ms. Geeta, a resident individual, provides the following details of her income / losses for
the year ended 31.3.2022:
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(i) Salary received as a partner form a partnership firm ` 7,50,000. The same was
allowed to the firm.
(ii) Loss on sale of shares listed in BSE ` 3,00,000. Shares were held for 15 months and
STT paid on sale and acquisition.
(iii) Long-term capital gain on sale of land ` 5,00,000.
(iv) ` 51,000 received in cash from friends in party.
(v) Brought forward business loss of assessment year 2018-19 ` 12,50,000.
Compute gross total income of Ms. Geeta for the Assessment Year 2022-23 and ascertain
the amount of loss that can be carried forward.
Answer
Computation of Gross Total Income of Ms. Geeta for the Assessment Year 2022-23.
Particulars `
Salary received as a partner from a partnership firm is taxable under 7,50,000
the head “Profits and gains of business and profession”
Less: Brought forward business loss of Assessment Year 2019-20 to
be set-off against business income (7,50,000)
Nil
Capital Gains
Long term capital gain on sale of land 5,00,000
Less: Long-term capital loss on shares on STT paid (See Note 2)
(3,00,000) 2,00,000
Cash gift received from friends – since the value of cash gift 51,000
51,000 exceeds ` 50,000,
The entire sum is taxable
Notes:
1. Balance brought forward business loss of assessment year 2018-19 of ` 5,00,000
has to be carried forward to the next year.
2. Long-term capital loss on sale of shares on which STT is paid at the time of
acquisition and sale can be set-off against long-term capital gain on sale of land
since long-term capital gain on sale of shares (STT paid) is taxable under section
112A. Therefore, it can be set-off against long-term capital gain on sale of land as
per section 70(3).
485
DEDUCTIONS UNDER
CHAPTER VI – A (PART I)
Introduction
We know that, section 10 exempts certain incomes. Such incomes do not form part of
total income i.e. they do not enter into the computation process at all.
On the other hand, Chapter VI-A contains deductions from the gross total income
(Section 80C to 80U).
The important point to be noted here is that, if there is no gross total income, then no
deductions shall be permissible.
Relevant provisions in this regard are as follows:

(1) As per section 80A(1), in computing the total income of the assessee, there shall be
allowed from the gross total income, deductions as specified under chapter VI-A.
These deductions are enumerated u/s 80C to 80U.
(2) According to section 80A(2), the aggregate amount of deductions under chapter
VI-A shall in no case exceed the amount of gross total income of the assessee.
Thus, an assessee cannot have a loss as a result of the deduction under chapter
VI-A; and claim to carry-forward the same for the purpose of set-off against his
income in the subsequent years. In other words:
- Deductions under chapter VI-A > GTI is not possible
- Deductions under chapter VI-A ≤ GTI is possible
Accordingly, the total income after allowing the deductions under chapter VI-A shall
either be ‘POSITIVE’ or ‘NIL’ but it cannot be ‘NEGATIVE’ because of deductions.
(3) No deduction under chapter VI-A shall be permitted if the gross total income is
NEGATIVE or NIL.
(4) Incomes from which deductions under chapter VI-A cannot be claimed:
(a) Long-term Capital Gains (LTCG);
(b) Short-term Capital Gains (STCG) covered u/s 111A;
(c) Winnings Income;
(d) Unexplained Monies & Investments u/s 115BBE; and
486
(5) This chapter contains deductions in respect of certain payments, deductions in respect
of certain incomes and other deductions. Following table shows the classification of
deductions under chapter VI-A available from the gross total income:
Deductions covered under Chapter VI-A - (Section 80C to 80U)

Deductions in respect of certain payments
Section 80C Deduction i.r.o. Specified Payments or Investments

Section 80CCC Deduction i.r.o. Contributions made to Pension Funds
Section 80CCD Deduction i.r.o. Contributions made to Notified Pension Scheme
Section 80CCE Overall Limit on Deductions available u/s 80C, 80CCC & 80CCD(1)
Section 80D Deduction i.r.o. Amount spent towards Health Insurance Premium,
Preventive Health Check-up, Central Government Health Scheme &
Medical Expenditure for Senior Citizens (having no mediclaim)
Section 80DD Deduction i.r.o. Expenditure on Handicap Dependent Relative
Section 80DDB Deduction i.r.o. Expenditure on Treatment of Specified Diseases
Section 80E Deduction i.r.o. Interest on Higher Education Loan
Section 80EE Deduction i.r.o. Interest payable on loan taken for acquisition of
Section 80EEA residential house property
Section 80EEB Deduction i.r.o. Interest payable on loan taken for purchase of electric
vehicle
Section 80G Deduction i.r.o. Donations or Contributions to Notified Institutions/
Funds
Section 80GG Deduction i.r.o. Rent Paid for Residential Accommodation
Section 80GGA Deduction i.r.o. Donations made to Research Associations, Universities,
Colleges, Other Institutions notified u/s 35 or 35CCA or 35AC
Section 80GGB Deduction i.r.o. Donations made to Political Parties or Electoral Trust
Section 80GGC
Deductions in respect of certain incomes
Section 80QQB Deduction i.r.o. Royalty Income of Authors

Section 80RRB Deduction i.r.o. Royalty Income on Patents
Section 80TTA Deduction i.r.o. Interest on Savings Deposits Accounts
Section 80TTB Deduction i.r.o. Interest on Deposits Accounts held by Senior Citizens
487
Other Deductions
Section 80JJAA Deduction i.r.o. Additional Employee Cost on Employment of New

Employees
Section 80U Deduction in case of a Person with a Disability
Deduction i.r.o. Specified Payments or Investments - [Section 80C]
Assessees Eligible to claim deduction Deduction u/s 80C shall be lower of:
u/s 80C
(a) Aggregate Qualifying Amount of
Individuals & HUFs Other Assessees Specified Payments / Investments
() () OR
(b) Maximum Amount of deduction
u/s 80C i.e. ` 1,50,000
Note:
The amount of deduction available u/s 80C is further subjected to the overall limit u/s
80CCE.
Following are the payments/investments eligible for deduction u/s 80C:

Specified Payments or Investments
(1) Life Insurance Premium:
By an Individual : Self, Spouse or Children of such Individual for
By a HUF for : any member of such HUF
Note:
(a) Life Insurance Premium paid in respect of any of the above policies shall
qualify:
to the extent of if the life insurance policy is taken
maximum
20% of Capital Sum on or after 01.04.2003 but on or before 31.03.2012
Assured
10% of Capital Sum on or after 01.04.2012 but on or before 31.03.2013
Assured
10% of Capital Sum on or after 01.04.2013 (for any normal person)
Assured
488
15% of Capital Sum on or after 01.04.2013 (for any person suffering

Assured from a disability as specified u/s 80U or any disease
as specified u/s 80DDB)
(b) If the life insurance policy is terminated or discontinued by the assessee

within a period of 2 years after its date of commencement, then, the
aggregate deduction granted in the past years u/s 80C shall be deemed
to be the income of the previous year in which the policy is terminated or
discontinued.
(c) Premium on the life insurance policy of the employee, his spouse or any of
his children, paid by the employer shall be taxable as perquisite in the hands
of the employee and the same shall be allowed as a deduction u/s 80C in
the hands of the employee. However, any premium on the life insurance
policy of any other relative of the employee, paid by the employer shall be
taxable as perquisite in the hands of the employee but the same shall not
be allowed as a deduction u/s 80C in the hands of the employee.
(2) Contribution towards Non-Commutable Deferred Annuity Plans:
Any contribution by an individual towards a non-commutable deferred annuity
plan for self, spouse or any of his children.
(3) Sum deducted towards Deferred Annuity Plan:
Any sum deducted from the salary of any government employee towards deferred
annuity plan for making a provision for the benefit of self, spouse or any of his
children.
Note:
Such sum shall qualify u/s 80C subject to maximum 1/5th of the salary of such
employee.
(4) Employee’s Contribution towards SPF or RPF or ASAF:
Employee’s Contribution towards his SPF or RPF or ASAF Account out of his salary.
(5) PPF Deposit:
Deposit made into the Public Provident Fund (PPF) Account by:
- an Individual : for self or his spouse or any of his children
- a HUF : for any member of the HUF
Note:
(a) The maximum limit for contribution or deposit in the PPF A/c is r 1,50,000
p.a.
(b) Interest on PPF A/c is fully exempt u/s 10(11)
489
(6) Deposit in Sukanya Samridhi Account:

Any sum deposited in the Sukanya Samridhi Account by an individual in the name
of:
- any girl child of the individual; or
- any girl child for whom such individual is the legal guardian
Note:
Interest on Sukanya Samridhi Account – Fully Exempt u/s 10(11A)
(7) Subscription to NSC/NSS/NHB/NABARD:
Contribution or Subscription by an Individual or HUF to:
- National Savings Certificate (NSC)
- National Savings Scheme (NSS)
- Notified Deposit Schemes of National Housing Bank (NHB)
- Notified Bonds of National Bank for Agricultural and Rural Development
(NABARD)
Note:
Accrued Interest on NSC shall be taxable as income under the head ‘Other
Sources’ and the same shall be eligible for deduction u/s 80C.
(8) Contribution to ULIPs of UTI or LIC Mutual Fund:

Contribution to Unit Linked Insurance Plans (ULIPs) of the Unit Trust of India (UTI)
or LIC Mutual Fund by:
- an Individual : for self or his spouse or any of his children
- a HUF : for any member of the HUF
Note:
If the assessee terminates his participation or he ceases to participate in ULIP
due to non-payment of contribution within 5 years, then, aggregate deduction
granted in the past years u/s 80C shall be deemed to be the income of the
previous year in which the ULIP is terminated.
(9) Sum paid to acquire Notified Units of UTI or Mutual Funds:

Any sum paid by an Individual or HUF towards notified units of Unit Trust of India
(UTI) or any Mutual Fund.
Note:
Units issued under the Equity Linked Savings Scheme (ELSS) of UTI and Mutual
Funds are notified in this regard.
(10) Contribution to Notified Annuity Plans of UTI or Mutual Funds:

Contribution by an Individual to the notified annuity or pension plans of Unit Trust
of India (UTI) or any Mutual Fund.
490
(11) Payment towards Approved Annuity Plans of LIC or Other Insurers:

Payment made by an Individual or HUF towards approved (notified) annuity plans
of the LIC or any other insurer.
Note:
Approved Annuity Plans for section 80C:
Jeevan Dhara and Jeevan Akshay plans of the LIC, Tata AIG Easy Retire Annuity
Plan of Tata AIG Life Insurance Company Ltd. Are approved for the purpose of
deduction u/s 80C.
(12) Subscription to Notified Deposit Schemes of Public Sector Companies or Authorities:

Subscription made by an Individual or HUF to any notified deposit scheme of:
- any public sector company engaged in providing long-term finance for
purchase or construction of residential house property; or
- any authority constituted in India for infrastructural development of cities
/ towns or villages or for dealing with or satisfying the need of housing
accommodation.
(13) Subscription to Equity Shares or Debentures:
Subscription to equity shares or debentures forming part of any eligible issue of
capital and approved by the CBDT in this regard. (Minimum Lock in Period - 3
years).
Note:
If such equity shares or debentures are transferred within 3 years from the
date of acquisition, then, the amount of deduction allowed earlier u/s 80C
shall be deemed to be the income of the previous year in which such equity
shares or debentures are transferred.
(14) Subscription to Notified Units of Mutual Funds:

Subscription to notified units of mutual funds forming part of any eligible issue of
capital and approved by the CBDT in this regard. (Minimum Lock in Period - 3
years).
Note:
If such units are transferred within 3 years from the date of acquisition, then,
the amount of deduction allowed earlier u/s 80C shall be deemed to be the
income of the previous year in which such units are transferred.
(15) Deposit made under Senior Citizens Saving Scheme:
Any sum deposited under the Senior Citizens Saving Scheme (SCSS) for minimum
5 years as per the Senior Citizens Saving Scheme Rules, 2004.
491
(16) Deposit made under the Post Office Time Deposit Account:
Any sum deposited under the Post Office Time Deposit Account (POTD) for minimum
5 years as per the Post Office Time Deposit Rules, 1981.
Note (for Point No. 15 & 16):
If any sum is withdrawn (including interest accrued) from the SCSS or POTD Account before
the expiry of 5 years from the date of deposit, then, the amount so withdrawn shall be
deemed to be the income of the previous year in which the same stands withdrawn.
However, if such amount is received by the nominee or legal heir of the assessee on
death of the assessee, then, such amount is not taxable in the hands of such nominee
or legal heir.
(17) Payment of Tuition Fees:
Any sum paid by an individual as tuition fees for full-time education of any 2
children of such individual to any school or college or university in India.
Note:
This benefit is only for the amount of tuition fees for full-time education and
shall not include any payment towards development fees or donation or payments
of similar nature and payment made for education to any institution situated outside
India.
(18) Term Deposit with a Scheduled Bank:

Term deposit made with any scheduled bank for minimum 5 years in accordance
with a scheme framed and notified by the Central Government in this regard.
Note:
(a) In case the term deposit account is jointly held, the deduction u/s 80C
shall be allowable only to the first holder of the deposit account.
(b) Term deposit w.r.t. which a deduction was claimed shall not be pledged
or kept as a security.
(19) Payment towards Cost of Purchase or Construction of a Residential House Property:

Any payment made by an Individual or HUF for the purpose of purchase or
construction of a residential house property, which is assessable under the head
‘House Property’.
Approved Payments for this purpose are:
(a) Any instalment or part payment of the amount due:
(i) under any scheme of any development authority or housing board or
any other authority engaged in the construction & sale of residential
house properties; or
492
(ii) to any company or co-operative society of which the assessee is the

shareholder or member towards the cost of the residential house
property allotted to him.
(b) Repayment of amount borrowed from:
- Central Government or State Government
- Any bank including a co-operative bank
- Life Insurance Corporation of India (LIC)
- National Housing Bank (NHB)
- Any Indian public company engaged in providing long-term finance
for purchase or construction of residential house properties or any
such co-operative society
- Any company in which the public are substantially interested or
any cooperative society engaged in the business of financing the
construction of houses
- Assessee’s employer (being a public company, public sector company,
university or college affiliated to such university, local authority, co-
operative society, any authority or board or corporation or any other
body established under any law for the time being in force)
(c) Stamp duty, registration fees & other expenses for the purpose of transfer of
such residential house property to the assessee.
Following amounts shall not qualify for a deduction u/s 80C:
(a) Admission fees, cost of shares, initial deposit etc. payable by a shareholder/
member of the company or co-operative society for becoming such
shareholder/member.
(b) Cost of any addition or alteration or repairs or renovation carried out.
(c) Expenditure for which any deduction is allowable u/s 24 [i.e. interest on
housing loan u/s 24(b)]
Note:
If the residential house property w.r.t. which a deduction u/s 80C has been
claimed is transferred before the expiry of 5 years from the date of its acquisition
then no deduction shall be allowed in the year of transfer & the aggregate
deduction granted in the past years shall be deemed to be the income of the
previous year in which such residential house property is transferred.
493
(20) Contribution to additional account under NPS – (Finance Act’ 2019 Amendment)
Contribution by a Central Government employee to additional account under
NPS (specified account) referred u/s 80CCD for a fixed period of ≥ 3 years and
which is in accordance with the scheme notified by the Central Government for
this purpose.
It may be noted that only the contribution to the additional account under NPS will
qualify for deduction under section 80C.
There are two types of NPS account i.e. Tier I and Tier II, to which an individual
can contribute.
Section 80CCD provides deduction in respect of contribution to individual pension
account [Tier I account] under the NPS, whereas deduction u/s 80C is allowable
in respect of contribution by Central Government employee to additional
account [Tier II account] of NPS, which does not qualify for deduction under
section 80CCD.
Thus, Tier II account is the additional account under NPS, contribution to which
would qualify for deduction under section 80C only in the hands of a Central
Government employee.
Deduction i.r.o. Contributions made to Pension Funds - [Section 80CCC]
Eligible Individuals (whether resident or non-resident)

Assessees
Eligible Amount The amount contributed by the assessee for himself in Pension or
Annuity Fund/Policy/Scheme/Plan of:
(a) Life Insurance Corporation of India (LIC); or
(b) Any other approved insurance company;
shall qualify for deduction u/s 80CCC
Deduction u/s Deduction u/s 80CCC shall be lower of the following:
80CCC Amount Contributed to Pension or Annuity Fund / Policy / Scheme /
Plan
OR
Maximum Amount u/s 80CCC i.e. Rs. 1,50,000
Note:
The amount of deduction available u/s 80CCC is further subjected to
the overall limit u/s 80CCE.
494
Other Points (a) Such contribution must be made out of the taxable income of the
assessee.
(b) For the purpose of section 80CCC, the interest or bonus accrued or
credited to the assessee’s account (if any) shall not be reckoned
as contribution.
(c) Where the assessee or his nominee surrenders the annuity before
the maturity, the surrender value including bonus or interest, if
any, shall be taxable in the hands of the assessee or nominee in
the previous year in which such surrender value is received.
(d) If the deduction is claimed u/s 80CCC and later on pension is
received by the assessee or his nominee, then, such pension will
be taxable in the hands of the recipient in the year of receipt.
(e) Where any amount contributed by the assessee has been taken
into account for the purposes of this section, then, deduction u/s
80C shall not be allowed with reference to such amount.
Deduction i.r.o. Contributions made to Notified Pension Scheme - [Section 80CCD]
Eligible Individuals (Govt. employees or employees of any organisation or self-

Assessees employed individuals) can claim deduction u/s 80CCD.
Eligible Amount Any contribution made by the assessee or his employer in the pension
scheme notified by the Central Government shall be eligible for
deduction u/s 80CCD.
Note:
‘Atal Pension Yojana’ has also been notified as a pension scheme,
contribution to which would qualify for deduction u/s 80CCD in the
hands of the assessee.
Deduction u/s Deduction u/s 80CCD(1) shall be lower of the following:

80CCD(1) (a) Assessee’s Contribution to his NPS A/c; or
(b) 10% of Salary (20% of Gross Total Income if the assessee is self-
employed individual)
Note:
(1) Salary = Basic (+) D.A. in terms
(2) Deduction u/s 80CCD(1) shall be subjected to the overall limit
u/s 80CCE.
495
Deduction u/s Section 80CCD(1B) provides for an additional deduction of up to `

80CCD(1B) 50,000 in respect of the whole of the amount paid or deposited by an
individual assessee under the NPS in the previous year, whether or not
any deduction is allowed u/s 80CCD(1).
In other words, assessee’s contribution to his NPS A/c whether or not claimed
u/s 80CCD(1) shall be eligible u/s 80CCD(1B) subject to a maximum limit
of Rs. 50,000.
Note:
Deduction u/s 80CCD(1B) shall not be subjected to overall limit u/s
80CCE.
Deduction u/s In case of salaried individuals, if his employer also contributes to his NPS
80CCD(2) A/c, then, the amount so contributed by the employer to the NPS A/c
of the assessee shall be taxable as perquisite under the head ‘Salaries’
in the hands of such assessee.
Further, this contribution also gets qualified for deduction u/s 80CCD(2) in
the hands of such assessee.
Deduction allowable u/s 80CCD(2) in respect of such contribution shall
be lower of:
(a) Employer’s Contribution to NPS A/c of the employee; or
(b) 10% of Salary (14% of Salary, where the contribution is made by
the Central Government) - (Finance Act’ 2019 Amendment)
Note:
(1) Salary = Basic (+) D.A. in terms
(2) Deduction u/s 80CCD(2) shall not be subjected to the overall limit
u/s 80CCE.
Other Points The amounts standing to the credit of the assessee in the NPS A/c, for
which the deduction has already been claimed by the assessee and the
accretions to such A/c shall be taxed as follows:
(1) Partial withdrawal by the employee from NPS shall be exempt
A/c to the extent it does not exceed 25% of u/s 10(12B)
contributions made by him
496
(2) Amount received by the assessee on closure shall be exempt

of or on his opting out of the NPS Scheme to u/s 10(12B)
the extent it does not exceed 60% of the total
amount payable to him at the time of closure or
his opting out of the scheme - (Finance Act’
2019 Amendment)
(3) Amount received by the nominee or legal heir of Fully Exempt
the assessee on closure of NPS A/c on death of
the assessee
(4) Pension received out of NPS A/c shall be taxable
(5) Amount as mentioned under point no. (2) & shall be exempt
(4) above which is utilised for purchasing an
annuity plan in the same previous year
(6) Pension received out of the annuity plan shall be taxable
purchased in point no. (5) above
Overall Limit on Deductions u/s 80C, 80CCC & 80CCD(1) - [Section 80CCE]
- The aggregate amount of deductions available u/s 80C, 80CCC and 80CCD(1);
- except the deduction available u/s 80CCD(1B) & 80CCD(2);
- shall not in any case exceed ` 1,50,000.
Deduction i.r.o. Amount spent towards Health Insurance Premium, Preventive Health
Check-up, Central Government Health Scheme & Medical Expenditure for Senior Citizens
(having no mediclaim) - [Section 80D]
Eligible Individuals & HUFs (whether Resident or Non-Resident)

Assessees
Maximum deductible amount u/s 80D & other relevant details:
Deduction available to Individuals HUFs
For whose benefit the payment can be made Family Parents Any
Member
(A) (a) Mediclaim/Health Insurance Premium Eligible Eligible Eligible
(b) Contribution to CGHS/Notified Scheme Eligible - -
(c) Payment for Preventive Health Check- Eligible Eligible -
up
497
Maximum deduction u/s 80D [applicable in case ` 25,000 ` 25,000 ` 25,000

of point nos. (a), (b) & (c)]
Maximum deduction u/s 80D when the ` 50,000 ` 50,000 ` 50,000
mediclaim policy is taken for a senior citizen
[applicable in case of point no. (a) only]
(B) Medical expenditure on a senior citizen (for Eligible Eligible Eligible
whom no mediclaim insurance premium is
paid)
Maximum deduction u/s 80D in respect of (B) ` 50,000 ` 50,000 ` 50,000
Maximum deduction u/s 80D in respect of (A) & (B) ` 50,000 ` 50,000 ` 50,000
Note:
(1) Family includes individual, spouse of such individual, dependent children of such individual.
(2) Parents include father & mother of the individual (whether dependent or not). However, it
does not include parents of the spouse of the individual i.e. father-in-law & mother-
in-law.
(3) The aggregate amount of payment in respect of preventive health check-up for self,
spouse, dependent children & parents of the individual cannot exceed ` 5,000.
(4) All the above payments must be made by way of any mode other than cash. However,
the payment in respect of preventive health check-up can be made by way of any mode
including cash.
(5) Further, all the above payments shall be made out of the income chargeable to
tax.
(6) ‘Senior citizen’ means an individual resident in India who is of the age of 60 years or
more at any time during the relevant previous year.
498
Deduction where premium for health insurance is paid in lump sum - [Section 80D(4A)]:
In a case where mediclaim premium is paid in lumpsum for more than one year by:
(i) an individual, to effect or keep in force an insurance on his health or health of his
spouse, dependent children or parents; or
(ii) a HUF, to effect or keep in force an insurance on the health of any member of the
family;
then, the deduction allowable under this section for each of the relevant previous year
would be equal to the appropriate fraction of such lump sum payment.
Appropriate 1 ÷ Total No. of Relevant Previous Years
Fraction
Relevant The previous year in which such lump sum amount is paid and the
Previous Years subsequent previous year(s) during which the insurance would be
in force.
Deduction i.r.o. Expenditure on Handicap Dependent Relative - [Section 80DD]
Eligible Resident Individuals & HUFs

Assessees
Eligible Amount Assessee shall:
(i) incur expenditure on the maintenance or medical treatment
including nursing, training, rehabilitation of the (HDR); or
(ii) contribute to special deposit schemes of LIC or UTI or other
approved institutions.
Deduction u/s Amount of Deduction u/s 80DD shall be:
80DD Flat ` 75,000 if the HDR is ordinarily disabled (i.e. disability is ≥
deduction 40% but < 80%)
irrespective of ` 1,25,000 if the HDR is severely disabled (i.e. disability is ≥ 80%)
actual expense
Handicap Handicap:
Dependent Handicap means a person with specified disability (either physical or
Relative (HDR) mental) as specified under Rule 11D of the Income Tax Rules, 1962.
Dependent Relative:
(a) Spouse, Siblings (i.e. Brothers/Sisters), Parents, Children - (If the
assessee is an Individual)
(b) Any Member of the HUF - (If the assessee is a HUF)
499
Other Points (a) Amount of expenditure incurred on the medical treatment of

HDR or the amount deposited in the schemes for the benefit of
HDR shall be ignored for the purpose of claiming deduction u/s
80DD because deduction under this section purely depends on the
degree/level of disability of the HDR.
(b) Certificate of disability of the HDR shall be obtained from approved
medical authority prior to claiming such deduction.
(c) If the HDR predeceases the assessee, then the amount received
from the special deposit scheme by the assessee shall be taxable
in the hands of the assessee in the year of receipt.
(d) If the HDR himself is claiming deduction u/s 80U in his own
assessment, then no deduction u/s 80DD shall be granted to the
assessee.
Deduction i.r.o. Expenditure on Treatment of Specified Diseases -[Section 80DDB]
Eligible Resident Individuals & HUFs

Assessees
Eligible Assessee shall incur expenditure:
Amount On treatment of specified diseases (as mentioned under Rule 11DD) for:
(a) Himself or Dependent Spouse, Siblings, Parents, Children (SSPC) -
(If the assessee is an Individual)
(b) Any dependent member of the HUF - (If the assessee is a HUF)
Deduction u/s Deduction u/s 80DDB shall be least of the following:
80DDB (a) Expenditure incurred on treatment of specified disease
OR
(b) Maximum Amount of Deduction u/s 80DDB - ` 40,000
(` 1,00,000 if the patient is a Senior Citizen)
Other Points (a) If any amount is received from an insurer or reimbursed by the
employer for such medical treatment, then the same shall be
reduced from the amount as determined above and any balance
remaining thereafter shall only be allowed as a deduction u/s
80DDB.
(b) For claiming the deduction u/s 80DDB the assessee is required to
obtain a prescription from a specialist doctor.
500
Deduction i.r.o. Interest on Higher Education Loan - [Section 80E]

Assessees
Eligible Deduction u/s 80E shall be allowed i.r.o. interest on the higher education
Amount loan. However, this deduction shall not be available i.r.o. repayment of the
principal component of higher education loan.
Note:
Higher education means any course of study pursued after passing the
Senior Secondary Examination (i.e. Standard 12th) or its equivalent.
Loan should (a) any bank or financial institution; or
be taken from (b) any approved charitable institution.
Loan should (a) assessee himself; or
be taken (b) spouse of the assessee; or
for Higher (c) children of the assessee; or
Education of (d) any student for whom the assessee is a legal guardian.
Deduction The entire amount (i.e. 100%) of interest on higher education loan shall
u/s 80E be deductible u/s 80E from the year in which the assessee starts paying such
interest and shall be allowed for next 7 years or until the interest is paid in full
by the assessee.
Deduction i.r.o. Interest on loan taken for purchase of Residential House Property -
[Section 80EE]

Assessees
Conditions (a) Loan is taken from any bank or housing finance company for the
purpose of purchase of residential house property.
(b) Loan should be sanctioned on or after 1st April, 2016 but on or before
31st March, 2017 (i.e. during the P.Y. 2016-17).
(c) Amount of loan sanctioned ≤ ` 35 lakhs.
(d) Value of the residential house property ≤ ` 50 lakhs.
(e) Assessee should not own any residential house as on the date of sanction
of loan.
501
Deduction u/s Amount of deduction u/s 80EE shall be lower of the following:
80EE (a) Interest on Housing Loan
OR
(b) Maximum Amount u/s 80EE = ` 50,000
Other Points (a) Deduction u/s 80EE is available from A.Y. 2017-18 & subsequent
assessment years.
(b) Deduction u/s 80EE is over & above the deduction available u/s
24(b).
Deduction i.r.o. Interest on loan taken for purchase of Residential House Property -
[Section 80EEA]

Assessees
Conditions (a) Loan is taken from any bank or housing finance company for the
purpose of purchase of residential house property.
31st March, 2022.
(c) Stamp Duty Value of the residential house property ≤ ` 45 lakhs.
(d) Assessee should not own any residential house as on the date of sanction
of loan.
(e) The individual should not be eligible to claim deduction u/s 80EE.
Deduction Amount of deduction u/s 80EEA shall be lower of the following:
u/s 80EEA (a) Interest on Housing Loan
OR
(b) Maximum Amount u/s 80EEA = Rs. 1,50,000
Other Points (a) Deduction u/s 80EEA is available from A.Y. 2020-21 and subsequent
assessment years till the repayment of loan continues.
(b) The deduction u/s 80EEA is over and above the deduction available
under section 24(b) in respect of interest payable on loan borrowed
for acquisition of a residential house property.
In respect of SOP(R), interest deduction u/s 24(b) is restricted to
` 2,00,000. In case of LOP or DLOP, even though there is no limit
u/s 24(b), section 71(3A) restricts the amount of loss from house
property to be set-off against any other head of income to `
2,00,000.
502
Accordingly, if interest payable in respect of acquisition of eligible

house property is more than Rs. 2,00,000, the excess can be claimed
as deduction u/s 80EEA to the extent of maximum ` 1,50,000,
subject to fulfilment of conditions.
(c) The interest allowed as deduction under section 80EEA will not be
allowed as deduction under any other provision of the Act for the
same or any other assessment year.
Assessees
Conditions (a) Loan is taken from any bank or Specified NBFC for the purpose of
purchase of electric vehicles.
31st March, 2023.
Deduction Amount of deduction u/s 80EEB shall be lower of the following:
u/s 80EEB (a) Interest on Loan
OR
(b) Maximum Amount u/s 80EEB = ` 1,50,000
Other Points (a) Deduction u/s 80EEB is available from A.Y. 2020-21 and subsequent
assessment years till the repayment of loan continues.
(b) The interest allowed as deduction under section 80EEB will not be
allowed as deduction under any other provision of the Act for the
same or any other assessment year.
Deduction i.r.o. Interest on Savings Deposits Accounts - [Section 80TTA]
Eligible Individuals & HUFs (whether Resident or Non-Resident)

Assessees Deduction under this section would, however, not be available to a
resident senior citizen eligible for deduction u/s 80TTB.
Eligible Where the gross total income of the assessee includes interest on
Income Deposits in a Savings Deposits Account maintained with:
(a) any Banking Company; or
(b) any Co-operative Bank; or
(c) any Post Office
503
Deduction Deduction u/s 80TTA shall be least of the following:

u/s 80TTA (a) Amount of Interest Income;
OR
(b) Maximum Amount u/s 80TTA = ` 10,000.
Other Points If the Savings Account is held in the name of a Firm/AOP/BOI, no deduction
shall be allowed u/s 80TTA in respect of such income in computing the
total income of any partner of the firm or any member of the AOP / BOI.
Deduction i.r.o. Interest on Deposits Accounts held by Senior Citizens - [Section 80TTB]
Eligible Senior Citizen i.e. (Resident Individual + Age ≥ 60 years at any time during
Assessees the previous year)
Eligible Where the gross total income of the assessee includes interest on
Income Deposits with:
(a) any Banking Company; or
(b) any Co-operative Bank; or
(c) any Post Office
Deduction Deduction u/s 80TTB shall be least of the following:
u/s 80TTB (c) Amount of Interest Income;
OR
(d) Maximum Amount u/s 80TTB = ` 50,000.
Other Points Where interest income is derived from any deposit held by, or on behalf
of, a firm, an AOP or a BOI, the partner of the firm or member of AOP
/ BOI would not be allowed deduction in respect of such income while
computing their total income.
Deduction in case of a Person with a Disability - [Section 80U]
Eligible Resident Individual suffering from a disability (either physical or mental)

Assessees as specified under Rule 11D of the Income Tax Rules, 1962 shall be
eligible to claim deduction u/s 80U.
Deduction u/s Amount of Deduction u/s 80U shall be:
80U ` 75,000 if the assessee is ordinarily disabled (i.e. disability is
≥ 40% but < 80%)
` 1,25,000 if the assessee is severely disabled (i.e. disability is
≥ 80%)
504
Note:
The assessee shall furnish a copy of certificate issued by a medical authority in Form No.
10-IA along with the return of income.
In case of re-assessment of disability, a fresh certificate from the medical authority
should be obtained after the expiry of the period mentioned in the original certificate,
in order to continue claiming the deduction.
505
CLASSWORK PROBLEMS
Question 1
Mr. X is employed by a multinational company in India on a basic salary of ` 45,000 p.m.
Dearness allowance of ` 25,000 p.m. of which 40% is entering into retirement benefits.
The employer and employee contribute ` 3,500 p.m. (each) to Recognised Provident Fund.
Interest credited to this RPF during the year is ` 65,000 @ 10.5% p.a. The employer
and employee also contribute ` 8,000 p.m. and ` 6,000 p.m. respectively to the notified
pension scheme.
He has income from house property of ` 1,20,000/-. However, he has b/f loss of house
property of ` 70,000 of A.Y. 2015-16. His other incomes taxable under other sources is `
6,10,000.
During the year 2021-22, he made the following payments :
(1) Contribution to P.P.F. ` 15,000.
(2) Life insurance premium on policy purchased for self in the year 2007 ` 16,000 (sum
assured ` 1,80,000)
(3) Life Insurance Premium on dependent mother ` 6,000 (sum assured ` 50,000)
(4) On 21.7.2014 he purchased a life Insurance policy in the name of his wife for which
he paid a premium of ` 14,500. [Sum Assured ` 1,20,000]
(5) Fees paid to school for education of his three children ` 6,000 each.
(6) Fees paid to a coaching class for tution of his three children ` 3,000 each.
You are required to calculate his total income for A.Y. 2022-23.
Question 2
X is a resident individual who contributes annually a sum of ` 15,000 with LIC for the
maintenance of his handicapped dependant grand - father.
What is the deduction u/s 80DD? Will it make any difference if the dependant is a disabled
brother (40% disabled)?
Question 3
Mr. Raghu, Marketing Manager of KL Ltd., based at Mumbai furnishes you the following
Basic salary - ` 1,00,000 per month
Dearness allowance (Forming part of salary for retirement benefits) - ` 50,000 per month
Bonus - 2 months basic salary
Contribution of employer to Recognized Provident Fund - 15% of basic salary plus
506
dearness allowance Rent free unfurnished accommodation was provided by the company
at Mumbai (accommodation owned by the company). Other details are as follows :
(i) Recognised Provident Fund contribution made by Raghu 1,50,000
(ii) Health insurance premium for insurance of his wife’s health 30,000
(iii) Health insurance premium in respect of parents (senior citizens) 33,000
(iv) Medical expenses of dependent brother with ‘severe disability’ (covered by Section
2(o) of National Trust for Welfare of Persons with Austism, Cerbral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999) - 6,000
(v) Interest on loan taken for education of his son studying B.Com (full-time) in a
recognized college - 24,000
(vi) Interest on loan taken for education of a student for whom Mr. Raghu is the legal
guardian for pursuing B.Sc.(Physics) (full-time) in a recognized university - 20,000
Compute the total income of Mr. Raghu for the assessment year 2022-23.
507
CLASSWORK SOLUTIONS
Answer 1
Mr. X
Computation of total income for A.Y. 2022-2023
Particulars `
Income from Salary (W.N. 1) 8,92,190
Income from House Property (W.N. 2) 50,000
GROSS TOTAL INCOME (G.T.I.) 15,52,190
Less deductions u/s 80C to 80U (2,35,000)
NET TAXABLE TOTAL INCOME (N.T.T.I.) 13,17,190
W.N. 1 Income from Salary

Basic Salary (45,000 p.m. x 12 months) 5,40,000
D. A. (in terms) (25,000 p.m. x 12 months x 40%) 1,20,000
D. A. (not in terms) (25,000 p.m. x 12 months x 60%) 1,80,000
Employer’s Contribution to R.P.F. (3,500 42,000
p.m. x 12 months)
Less: Exempt upto 12% of SALARY [12% X (42,000) NIL
(5,40,000 + 1,20,000) = 79,200 maximum]
Interest credited to R.P.F. @ 10.5% p.a. 65,000
Less: Exempt upto 9.5% p.a. [65,000 / 10.5% * 9.5% ] (58,810) 6,190
Employer’s contribution to Pension fund
(8,000 p.m. x 12 months) 96,000
GROSS SALARY 9,42,190
Less: Deductions u/s. 16 (ia) standard deduction (50,000)
NET TAXABLE SALARY 8,92,190
W.N. 2 Income from House Property

Income (as given) 1,20,000
Less: Set off of b/f House Property loss of A.Y. 2014-2015 u/s. 71B (70,000)
50,000
508
W.N. 3 Deductions u/s. 80C to 80U

u/s. 80C: Employee contribution to RPF 42,000
Contribution to PPF 15,000
Life Insurance premium:
(a) Self 16,000
(b) Mother, NOT ALLOWED NIL
(c) Wife (Max 10% of Sum Assured) 12,000
School Fees (6,000 x 2 children max) 12,000
TOTAL 97,000
Maximum allowable u/s. 80C 1,50,000
Deduction allowed A 97,000
u/s. 80CCD(1):
Employee’s contribution to pension fund, in excess of limit 22,000
of ` 50,000 as per Sec 80CCD(1B)
[72,000 - 50,000] OR
10% of SALARY of ` 6,60,000
[5,40,000 basic + 1,20,000 DA in terms] 66,000
Whichever is less C 22,000
Total deductions u/s. 80C, 80CCC and 80CCD(1) 1,19,000
97,000 + 0 + 22,000
A + NIL + C
Deduction allowable [in accordance with Section 80CCE] (i) 1,19,000
(1,19,000 is within maximum limit of 80CCE of 1 ,50,000)
Employee’s Contribution to Pension Fund (6,000pm x12) 72,000
Maximum allowable u/s. 80CCD(1B) 50,000
Deduction allowed u/s. 80CCD (1B) (ii) 50,000
u/s. 80CCD(2):
Employer’s contribution to pension fund
(8,000 p.m. x 12 months) OR
10% of SALARY of ` 6,60,000 96,000
Whichever is less 66,000
(iii) 66,000
TOTAL DEDUCTIONS u/s. 80C to 80U (I + ii + iii) 2,35,000
509
HOMEWORK PROBLEMS
Question 1
An individual assessee, resident in India, has made the following deposit / payment
during the previous year 2021-22:
Particulars `
Contribution to the public provident fund 1,50,000
Insurance premium paid on the life of the spouse
(policy taken on 1.4.2014) (Assured value ` 2,00,000) 25,000
What is the deduction allowable under section 80 for A.Y. 2022-23?
Question 2
The basic salary of Mr. A is ` 1,00,000 p.m. He is entitled to dearness allowance, which is
40% of basic salary. 50% of dearness allowance forms part of pay for retirement benefits.
Both Mr. A and his employer contribute 15% of basic salary to the pension scheme referred
to in section 80CCD. Explain the tax treatment in respect of such contribution in the hands
of Mr. A.
Question 3
The gross total income of Mr. X for the A.Y. 2022-23 is ` 5,00,000. He has made the
following investments/payments during the F.Y.2021-22 –
Particulars `
(1) Contribution to PPF 1,10,000
(2) Payment of tuition fees to Apeejay School, New Delhi, for education of 45,000
his son studying in Class XI
(3) Repayment of housing loan taken from Standard Chartered Bank 25,000
(4) Contribution to approved pension fund of LIC 1,05,000
Compute the eligible deduction under Chapter VI-A for the A.Y. 2022-23.
Question 4
Mr. A, aged 40 years, paid medical insurance premium of ` 20,000 during the P.Y. 2021-22
to insure his health as well as the health of his spouse. He also paid medical insurance
premium of ` 47,000 during the year to insure the health of his father, aged 63 years,
who is not dependent on him. He contributed ` 3,600 to Central Government Health
Scheme during the year. He has incurred ` 3,000 in cash on preventive health check-up of
himself and his spouse and ` 4,000 by cheque or preventive health check-up of his father.
510
Compute the deduction allowable under section 80D for the A.Y. 2022-23.
Question 5
Mr. Y, aged 40 years, paid material insurance premium of ` 22,000 during the P.Y. 2021-
22 to insure his health as well as the health of his spouse and dependent children. He
also paid medical insurance premium of ` 33,000 during the year to insure the health of
his mother, aged 67 years, who is not dependent on him. He incurred medical expenditure
of ` 20,000 on his father, aged 71 years, who is not covered under mediclaim policy. His
father is also not dependent upon him. He contributed ` 6,000 to Central Government
Health Scheme during the year. Compute the deduction allowable under section 80D for
the A.Y. 2022-23.
Question 6
Mr. B has taken three education loans on April 1, 2021, the details of which are given
below:
Loan 1 Loan 2 Loan 3
For whose education loan was taken B Son of B Daughter of
B
Purpose of Loan MBA B.SC. B.A.
Amount of loan (`) 5,00,000 2,00,000 4,00,000
Annual repayment of loan (`) 1,00,000 40,000 80,000
Annual repayment of interest (`) 20,000 10,000 18,000
Compute the amount deductible under section 80E for the A.Y. 2022-23.
Question 7
Mr. A purchased, a residential house property for self-occupation at a cost of ` 45 lakh
on 1.4.2017, in respect of which he took a housing loan of ` 35 lakh from Bank of India
@ 11% p.a. on the same date. The loan was sanctioned on 28th March, 2017. Compute
the eligible deduction in respect of interest on housing loan for A.Y. 2022-23 under the
provisions of the Income-tax Act, 1961, assuming that the entire loan was outstanding
as on 31.3.2022 and he does not own any other house property.
511
Answer 1
Computation of deduction under section 80C for A.Y. 2022-23
Particulars `
Deposit in public provident fund 1,50,000
Insurance premium paid on the life of the spouse 20,000
(Maximum 10% of the assured value ` 2,00,000 as the policy is taken after 1,70,000
31.3.2012)
Total 1,50,000
However, the maximum permissible deduction u/s 80C is restricted to
Answer 2
Tax treatment in the hands of Mr. A in respect of employer’s and own contribution to
pension scheme referred to in section 80CCD
(a) Employer’s contribution to such pension scheme would be treated as salary since it
is specifically included in the definition of “salary”. Therefore, ` 1,80,000, being 15%
of basic salary of ` 12,00,000, will be included in Mr. A’s salary.
(b) Mr. A’s contribution to pension scheme is allowable as deduction under section
80CCD(1) after claiming deduction u/s 80CCD(1B) of maximum 50,000 of amount
of contribution by employee beyond 50,000. However, the deduction is restricted to
10% of salary. Salary, for this purpose, means basic pay plus dearness allowance, if
it forms part of pay.
Therefore, “salary” for the purpose of deduction under section 80CCD for Mr. A would
be –
Particulars `
Basic salary = ` 1,00,000 x 12 = 12,00,000
Dearness allowance = 40% of ` 12,00,000 = ` 4,80,000
50% of Dearness Allowance forms part of pay = 50% of ` 4,80,000 2,40,000
Salary for the purpose of deduction under section 80CCD 14,40,000
Deduction under section 80CCD(1) is restricted to 10% of ` 14,40,000 1,44,000
(as against actual contribution of ` 1,80,000, being 15% of basic
salary of ` 12,00,000)
As per section 80CCD (1B), a further deduction of upto ` 50,000 is 36,000
allowable. Therefore, deduction under section 80CCD(1B) is ` 36,000
(` 1,80,000 – ` 1,44,000)
512
` 1,44,000 is allowable as deduction under section 80CCD(1). This would be taken

into consideration and be subject to the overall limit of ` 1,50,000 under section
80CCE. ` 36,000 allowable as deduction under section 80CCD(1B) is outside the
overall limit of ` 1,50,000 under section 80CCE.
In the alternative, ` 50,000 can be claimed as deduction under section 80CCD(1B).
The balance ` 1,30,000 (` 1,80,000 – ` 50,000) can be claimed as deduction under
section 80CCD(1).
(c) Employer’s contribution to pension scheme would be allowable as deduction under
section 80CCD(2), subject to a maximum of 10% of salary. Therefore, deduction
under section 80CCD(2), would also be restricted to ` 1,44,000, even though the
entire employer’s contribution of ` 1,80,000 is included in salary under section 17(1)
(viii). However, this deduction of employer’s contribution of ` 1,44,000 to pension
scheme would be outside the overall limit of ` 1,50,000 under section 80CCE i.e.,
this deduction would be over and above the other deductions which are subject to
the limit of ` 1,50,000.
Answer 3
Computation of deduction under Chapter VI-A for the A.Y. 2022-23
Particulars `
Deduction under section 80C
- Contribution to PPF 1,10,000
- Payment of tuition fees to Appejay School, New Delhi, 45,000
for education of his son studying in Class XI
- Repayment of housing loan
25,000
1,80,000
Restricted to ` 1,50,000, being the maximum permissible deduction u/s 1,50,000
80C
Deduction under section 80CCC
- Contribution to approved pension fund of LIC ` 1,05,000 1,05,000
2,55,000
As per section 80CCE, the aggregate deduction under section 80C,
80CCC and 80CCD(1) has to be restricted to ` 1,50,000
Deduction allowable under Chapter VIA for the A.Y. 2022-23 1,50,000
513
Answer 4
Deduction allowable under section 80D for the A.Y. 2022-23
Particulars Actual Maximum
Payment deduction
` allowable
`
A. Premium paid and medical expenditure incurred
and self and spouse
(i) Medical insurance premium paid for self and 20,000 20,000
spouse
(ii) Contribution to CGHS 3,600 3,600
(iii) Exp. On preventive health check-up of self & 3,000 1,400
spouse
26,600 25,000
B. Premium paid or medical expenditure incurred for
father, who is a senior citizen
(i) Mediclaim premium paid for father, who is 47,000 47,000
over 60 years of age
(ii) Expenditure on preventive health check-up of 4,000 3,000
father
51,000 50,000
Total deduction under section 80D (` 25,000 + ` 50,000) 75,000
Notes:
(1) The total deduction under A. (i), (ii) and (iii) above should not exceed ` 25,000.
Therefore, the expenditure on preventive health check-up for self and spouse would
be restricted to ` 1,400, being (` 25,000 – ` 20,000 – ` 3,600).
(2) The total deduction under B, (i) and (ii) above should not exceed ` 50,000. Therefore,
the expenditure on preventive health check-up for father would be restricted to `
3,000, being (` 50,000 – ` 47,000).
(3) In this case, the total deduction allowed in account of expenditure on preventive
health check-up of self, spouse and father is ` 4,400 (i.e., ` 1,400 + ` 3,000), which
is less than the maximum permissible limit of ` 5,000.
514
Answer 5
Deduction allowable under section 80D for the A.Y. 2022-23
Particulars `
(i) Medical insurance premium paid for self, spouse and ` 22,000
dependent children
(ii) Contribution to CGHS ` 6,000
28,000
restricted to 25,000
(iii) Mediclaim premium paid for mother, who is over 60 years ` 30,000
of age
(iv) Medical expenditure incurred for father, who is over 60
years of age and not covered by any insurance ` 20,000
53,000
restricted to 50,000
75,000
Answer 6
Deduction under section 80E is available to an individual assessee in respect of any
interest paid by him in the previous year in respect of loan taken for pursuing his higher
education or higher education of his spouse or children. Higher education means any
course of study pursued after senior secondary examination.
Therefore, interest repayment in respect of all the above loans would be eligible for
deduction.
Deduction under section 80E = ` 20,000 + ` 10,000 + ` 18,000 = ` 48,000.
Particulars `
Interest deduction for A.Y. 2022-23
(i) Deduction allowable while computing income under the head “Income from
house property”
Deduction under section 24(b) ` 3,85,000
[` 35,00,00 x 11%]
Restricted to 2,00,000
(ii) Deduction under Chapter VI-A from Gross Total Income
Deduction under section 80EE ` 1,85,000
(` 3,85,000 – ` 2,00,000)
Restricted to 50,000
515
DEDUCTIONS UNDER
CHAPTER VI-A (PART – II)
Deduction i.r.o. Donations or Contributions to Notified Institutions/Funds - [Section 80G]
Eligible All Assessees (whether resident or non-resident)

Assessees
Eligible Amount Deduction u/s 80G shall be allowable only where the assessee donates
or contributes or makes payment to notified institutions/funds.
Note:
(1) No deduction shall be allowed under this section in respect of
any donation unless such donation is of a sum in money (i.e.
Donations in kind are not allowed).
(2) Further, no deduction shall be allowed under this section in
respect of donation of any sum exceeding Rs. 2,000 unless such
sum is paid by any mode other than cash.
(3) Also, where an assessee has claimed and has been allowed
any deduction under this section in respect of any amount
of donation, the same amount will not qualify for deduction
under any other provision of the Act for the same or any other
assessment year.
(4) It is now mandatory for entities receiving donation to furnish
a statement of donations received in relation to which the
donor gets / claims deduction in his assessment. such donation
receiving institution will issue a certificate to the donor/ payer
and on the strength of the certificate the donor will get the
deduction only.
516
List of Institutions/Funds Notified for section 80G:

Unlimited 50% Limited 100%
1. Jawaharlal Nehru Memorial Fund 1. Donations for family planning given

2. Prime Minister’s Drought Relief fund to
3. Indira Gandhi Memorial trust • Central Government
4. Rajiv Gandhi Foundation • State Government
• Local Government/Municiplity
• Approved Organisation /
Unlimited 100% Association / Hospital
2. Donations to Indian Olympic
1. National defence fund set up by the Association/ or any notified association
Central Government for sports infrastructure development
2. Prime Minister’s National Relief fund (Only companies are eligible)
3. Prime Minister’s Armenia Earthquake
Limited 50%
Relief Fund
4. Africa Fund (Public contribution in
3. Donation to an authority established
India)
for TOWN PLANNIG/ housing
5. National Children’s fund
development / (e.g MHADA)
6. National Foundation for Communal
4. Donation, for repair & renovation,
Harmony
given to notified Temple. Mosque,
7. An Approved university/ educational
gurdwara, church, historic place,
institute of National popularity /
archeological place
Eminence
5. Donation given for charitable purpose
8. Chief Minister’s Earthquake Relief
to:
Fund/ Gujarat
• APPROVED SCHOOLS, colleges,
Chief Minister’s Earthquake Relief
educational institutions (not
Fund
nationally eminent )
9. Zila Saksharta Samiti
• Universities Approved by Income
10. National Blood Transfusion Council
tax authorities but not by UGC
and State Council for Blood
(not coved by 20 above )
Transaction.
• Approved Trusts, organisations,
11. State fund for the medical relief of the
associations
POOR
• Approved Hostel, old age homes,
12. Army Central Welfare Fund/the Indian
library, hospitals etc.
Naval/ navy benevolent Fund/ Airforce
• Approved Funds & Foundations
Central Welfare Fund/Kargil Fund
6. Donation given for charitable purpose
13. Andhra Pradesh Chief Minister’s
to
Cyclone Relief Fund
• Central Government
14. Chief Minister’s Relief Fund or
• State Government
Lieutenant Governor’s Relief Fund
• Local Government/Municiplity
15. National sports Fund/ National
7. Donation to a state Govt. established
Cultural Fund 20. National Trust
corporation for benefit of MINORITY
or welfare of persons with Autism,
community.
Cerebralplasi, Mental Retardation,
Multiple Disabilities
16. Swachh Bharat Kosh
17. Clean Ganga Fund (amount donated
by resident only)
18. National fund for control of drug
abuse
517
Adjusted Total Adjusted Total Income means:

Income ‘Gross Total Income’ as reduced by:
(1) LTCG u/s 112 & 112A;
(2) STCG u/s 111A; and
(3) Deductions allowable u/s 80C to 80U (except 80G).
Steps for Step 1:
computation Compute adjusted total income (as shown above)
of qualifying Step 2:
limit & amount Calculate 10% of adjusted total income
of deduction in Step 3:
category ‘C’ & Calculate the actual donation which is subject to qualifying limit (total
‘D’ of category ‘C’ and ‘D’ donations shown in the table above)
Step 4:
Lower of Step 2 & Step 3 is the maximum permissible deduction.
Step 5:
The said deduction is adjusted first against donations qualifying for
100% deduction (i.e., category ‘C’ donations).
Thereafter, balance qualifies for deduction u/s 80G @ 50% as the same
remains out of category ‘D’ donations.
Deduction i.r.o. Rent Paid for Residential Accommodation - [Section 80GG]

Assessees
Conditions (1) Assessee shall not be in receipt of House Rent Allowance (HRA).
(2) Assessee has made payment of rent in respect of residential
accommodation in excess of 10% of Adjusted Total Income.
Note:
Further, deduction u/s 80GG shall not be allowed if any residential
accommodation is owned by assessee or his spouse or his minor child
or by the HUF of which he is a member at a place where the assessee
ordinarily resides or carries on business or profession or performs his
duties of office or employment.
And if he owns such accommodation at any other place then it should
not be assessed in his hands as SOP(R).
518
Deduction u/s Deduction u/s 80GG shall be least of the following

80GG (a) Rs. 5,000 p.m.
(b) 25% of Adjusted Total Income
(c) Rent Paid (-) 10% of Adjusted Total Income
Adjusted Total Adjusted Total Income means:
Income ‘Gross Total Income’ as reduced by:
(1) LTCG u/s 112 & 112A;
(2) STCG u/s 111A; and
(3) Deductions allowable u/s 80C to 80U (except 80GG).
Deduction i.r.o. Donations made to Research Associations, Universities, Colleges, Other

Institutions notified u/s 35 or 35CCA - [Section 80GGA]
Eligible Any Assessee (whether resident or non-resident)

Assessees Note:
The assessee should not have income from Business or Professional.
519
Eligible Amount The assessee shall make donation or contribution to research

associations, universities, colleges, other institutions notified u/s 35 or
35CCA for:
- Scientific Research; or
- Research in Social Sciences; or
- Research in Rural Development; or
- Conservation of Natural Resources; or
- National Urban Poverty Eradication Fund; or
- Eligible Project/Scheme
Note:
(1) No deduction shall be allowed in respect of donation of any sum
exceeding Rs. 2,000 unless such sum is paid by way of any mode other
than cash.
(2) Also, where an assessee has claimed and has been allowed
any deduction under this section in respect of any amount
of donation, the same amount will not qualify for deduction
under any other provision of the Act for the same or any other
assessment year.
(3) It is now mandatory for entities receiving donation to furnish
a statement of donations received in relation to which the
donor gets / claims deduction in his assessment. such donation
receiving institution will issue a certificate to the donor/ payer
and on the strength of the certificate the donor will get the
deduction only
Deduction u/s Whole (i.e. 100%) of the amount donated or contributed to approved
80GGA institutions or associations shall be allowed as deduction u/s 80GGA.
Deduction i.r.o. Donations made to Political Parties or Electoral Trust - [Section 80GGB &
Section 80GGC]
Section 80GGB 80GGC

Eligible Indian Company Any Assessee
Assessees (except Local Authorities & AJPs wholly
or partly funded by the Government)
520
Eligible Amount The assessee should have made donation or contribution to any
Political Party or Electoral Trust.
Note:
No deduction shall be allowed in respect of donation of any sum unless
such sum is paid by way of any mode other than cash (i.e. even Re. 1
donated or contributed by way of cash shall not be eligible for deduction u/s
80GGB/80GGC).
Deduction u/s Whole of the amount (i.e. 100%) of donated or contributed to any
80GGB/80GGC Political Party or Electoral Trust shall be allowed as deduction u/s
80GGB/80GGC.
Deduction i.r.o. Royalty Income of Authors - [Section 80QQB]
Eligible Resident Individual being an Author (Joint Author is also included)

Assessees
Eligible Income Where the gross total income of the assessee includes any income
derived as author. Such income may be received either by way of:
- lumpsum consideration for the assignment or grant of any of his
interest in the copyright of any book being a work of literary,
artistic or scientific nature; or
- by way of royalties or copyright fees (whether receivable in lump
sum or otherwise) in respect of such book.
Note:
This deduction shall not, however, be available in respect of royalty
income from textbook for schools, guides, commentaries, newspapers,
journals, pamphlets and other publications of similar nature.
Deduction u/s Deduction u/s 80QQB shall be least of the following:
80QQB (a) Net Royalty Income (as stated above)
OR
(b) Maximum Amount u/s 80QQB = Rs. 3,00,000
521
Other Points (a) Where the royalty or copyright fees is not received in lumpsum, amount
in excess of 15% of the value of such books sold during the previous
year shall be ignored.
(b) If the income is earned from outside India, then, such income should
be remitted to India within 6 months from the end of the previous year
or the time extended by the RBI.
(c) For claiming the deduction u/s 80QQB, the assessee shall have
to furnish a certificate in the prescribed manner in the prescribed
format, duly verified by the person responsible for making such
payment, setting forth such particulars as may be prescribed.
Deduction i.r.o. Royalty Income on Patents - [Section 80RRB]
Eligible Resident Individual being a Patentee

Assessees
Eligible Income Where the gross total income of the assessee includes any income
derived as patentee i.e. the gross total income of the assessee includes
‘royalty’ in respect of patent i.e. consideration for:
(a) transfer of all or any rights (including the granting of a licence) in
respect of a patent; or
(b) imparting of any information concerning the working of, or use of
a patent; or
(c) use of any patent; or
(d) rendering of any services in connection with the activities referred
in point no. (a) to (c) above.
Note:
The above royalty shall not include any consideration:
(1) being income chargeable under the head ‘Capital Gains’; or
(2) for sale of product manufactured with the use of patented
process or patented article for commercial use.
Deduction u/s Deduction u/s 80RRB shall be least of the following:
80RRB (a) Whole of the Royalty Income as stated above;
OR
(b) Maximum Amount u/s 80QQB = Rs. 3,00,000
522
Other Points If the income is earned from outside India, then, such income should be
remitted to India within 6 months from the end of the previous year or the
time extended by the RBI.
Deduction i.r.o. Additional Employee Cost on Employment of New Employees - [Section

80JJAA]
Eligible Any Assessee to whom provisions of Section 44AB are applicable i.e. the
Assessees assessees covered under the tax audit provisions (resident as well as a
non-resident).
Note:
The deduction u/s 80JJAA shall be allowable only to assessees
engaged in BUSINESS.
Condition (a) The business should not be formed by splitting up or the
reconstruction of an existing business.
(b) The business is not acquired by the assessee by way of transfer from
any other person or as a result of any business reorganisation.
(c) The report of the accountant, giving the prescribed particulars,
has to be furnished along with the return of income before the
specified date referred to in section 44AB.
Deduction u/s 30% of Additional Employee Cost
80JJAA
Period of Deduction u/s 80JJAA shall be allowed for 3 assessment years including
Deduction u/s the assessment year relevant to the previous year in which such employment
80JJAA is provided.
Additional Additional Employee Cost means total emoluments paid or payable to
Employee Cost additional employees employed during the previous year
523
In the first year of new business: In the case of an existing business:

Total emoluments paid or payable The additional employee cost shall
to employees employed during that be taken as NIL if:
previous year shall be taken as (a) there is no increase in the
additional employee cost (whether number of employees from the
by a mode other than cash or in cash) total number of employees
employed as on the last day of
the preceding year; or
(b) where the emoluments are paid
otherwise than by an account
payee cheque or account payee
bank draft or by use of ECS
through a bank account or
through any other prescribed
electronic mode.
Additional Employee:
Means An employee who has been employed during the previous year & whose
employment has the effect of increasing the total number of employees
employed by the employer as on the last day of the preceding year.
Does not include (a) Employee whose total emoluments > Rs. 25,000 p.m.
(b) An employee employed for < 240 days in the previous year (in case
of an assessee involved in the apparels business < 150 days in the
previous year)
(c) An employee who does not participate in RPF
(d) An employee for whom the entire contribution is paid by the Govt.
under the Employees’ Pension Scheme notified in accordance with
the provisions of the Employee’s Provident Fund & Miscellaneous
Provisions Act, 1952.
Emoluments:
Means Any sum paid or payable to an employee in lieu of employment, by
whatever name called.
524
Does not include (a) any contribution paid or payable by the employer to any:
(i) Pension Fund; or
(ii) Provident Fund, or
(iii)
Any Other Fund for the welfare of the employee under any law.
(b) any lumpsum payment paid or payable to an employee at the time
of:
(i) termination of his service, or
(ii) superannuation; or voluntary retirement such as gratuity,
severance pay, leave encashment, voluntary retrenchment
benefits, commutation of pension and the like.
Note:
In case of an emolument that is exempt (either wholly or in part) the
gross emoluments are to be considered & not the net emoluments.
525
CLASSWORK PROBLEMS
Question 1
Determine the amount deductible under section 80QQB in the following cases pertaining
to the assessment year 2022-23.
PARTICULARS A B C
Royalty on books covered by section 90,000 6,00,000 ----
(Abroad) (India)
(% of value) 18% (12.5%)
Lump - sum payment for assignment of copyright ---- ---- 8,00,000
(Abroad)
Expenditure for earning royalty / lump - sum 10,000 1,80,000 2,40,000
Amt. remitted into India in C.F.E. till 30.9.2022 70,000 ---- 7,00,000
Question 2
Mr Pradeep Bhushan donated as follows through account payee cheque in 2021-22:
Prime Minister’s National Relief Fund 82,000
Africa (Public Contributions - India) Fund 22,000
University of Newyork, approved by IETS, USA 30,000
Andhra Pradesh Chief Minister’s Cyclone Relief Fund (paid in cash) 54,000
Balaji Trust of Tirupati for renovation 1,03,000
BMC to be utilised for the purpose of promoting family planning 15,000
Indian Olympic Association 6,000
National Blood Transfusion Council and State Council for Blood Transfusion. 1,15,000
National Defence Fund set up by the Central Government 80,000
Prime Minister's Drought Relief Fund 13,000
Zila Saksharta Samiti (paid through debit card) 24,000
Lieutenant Governor’s Relief Fund Pondicherry 11,000
Swach Bharat Kosh 10,000
Jawaharlal Nehru Memorial Fund 27,000
Indian National Congress 2,000
National Fund for Rural Development (paid through crossed cheque) 7,000
Other Information:
1. He has salary income of ` 6,00,000(computed) and long term capital gain on sale of
a commercial property ` 11,00,000/-.
526
2. He has invested in fixed deposits of various banks on which interest accrued during
the year amounts to ` 30,000/-. Interest on saving bank account ` 6,500/-
3. He has deposited ` 60,000 in Public Provident Fund and has incurred an expenditure
of ` 15,000 on disabled brother (fully blind) dependant on him.
4. Interest on education loan for son’s MBA course ` 80,000/-. He has paid medical
insurance premium of ` 27,000 in cheque for himself and his wife.
Compute total income and tax payable.
Question 3
Mr. Manjesh, resident senior citizen, aged 62 years, gives the following information
regarding his income in P.Y. 2021-22. Calculate income tax payable.
(1) He sold a commercial property on 16.08.2021 for ` 25,00,000/-. This property was
acquired by him on 27.04.2005 for ` 7,00,000. Brokerage paid on sale was 1.5% of
sale consideration.
(2) He also sold an urban land for ` 16,00,000 on 09.09.2021. This land was purchased
3 months ago for ` 12,50,000/- Brokerage on sale 1%.
(3) He has paid medical insurance premium for himself ` 24,000, for wife ` 18,000 by
account payee cheque and for his elder son ` 6,000. His elder son is employed in a
company at a salary of ` 6,00,000 p.a. He has also paid ` 6,000 in cash on account
of preventive health check-up of himself and wife.
(4) Deposit under Senior Citizen saving scheme, 2004, ` 20,000/-. Deposit with SBI for
6 years ` 50,000/-.
Question 4
Mr. Shiva aged 61 years, has gross total income of ` 7,75,000 comprising of income from
salary and house property. He has made the following payments and investments:
(i) Premium paid to insure the life of her major daughter (policy taken on 1.4.2014)
(Assured value ` 1,80,000) – ` 20,000.
(ii) Medical Insurance premium for self – ` 12,000; Spouse – ` 14,000.
(iii) Donation to a public charitable institution registered under 80G ` 1,50,000 by way
of cheque.
(iv) LIC Pension Fund – ` 60,000.
(v) Donation to National Children’s Fund - ` 25,000 by way of cheque
(vi) Donation to Jawaharlal Nehru Memorial Fund - ` 25,000 by way of cheque
(vii) Donation to approved institution for promotion of family planning - ` 40,000 by way
of cheque
527
Compute the total income of Mr. Shiva for A.Y. 2022-23.
Question 5
Mr. Gurnam, aged 42 years, has salary income (computed) of ` 5,50,000 for the previous
year ended 31.03.2022. He has earned interest of ` 14,500 on the saving bank account
with State Bank of India during the year. Compute the total income of Mr. Gurnam for the
assessment year 2022-23 from the following particulars:
(i) Life insurance premium paid to Birla Sunlife Insurance in cash amounting to ` 25,000
for insurance of life of his dependent parents. The insurance policy was taken on
15.07.2014 and the sum assured on life of his dependent parents is ` 1,25,000.
(ii) Life insurance premium of ` 25,000 paid for the insurance of life of his major son
who is not dependent on him. The sum assured on life of his son is ` 1,75,000 and
the life insurance policy was taken on 30.3.2012.
(iii) Life insurance premium paid by cheque of ` 22,500 for insurance of his life. The
insurance policy was taken on 08.09.2014 and the sum assured is ` 2,00,000.
(iv) Premium of ` 22,000 paid by cheque for health insurance of self and his wife.
(v) ` 1,500 paid in cash for his health check-up and ` 4,500 paid in cheque for health
check-up for his parents, who are senior citizens.
(vi) Paid interest of ` 6,500 on loan taken from bank for MBA course pursued by his
daughter.
(vii) A sum of ` 15,000 donated in cash to an institution approved for purpose of section
80G for promoting family planning.
Question 6
For the Assessment Year 2022-23, the Gross Total Income of Mr. Chaturvedi, a resident
in India, was Rs. 8,18,240 which includes long-term capital gain of Rs. 2,45,000 taxable
under section 112 and Short-term capital gain of Rs. 58,000. The Gross Total Income also
includes interest income of Rs. 12,000 from savings bank deposits with banks and Rs.
40,000 interest on fixed deposits with banks. Mr. Chaturvedi also contributed Rs. 50,000
to Public Charitable Trust eligible for deduction under section 80G by way of an account
payee cheque. Compute the total income and tax thereon of Mr. Chauturvedi, who is 70
years old as on 31.3.2021.
528
CLASSWORK SOLUTIONS
Answer 2
Mr. Pradeep Bhushan
Computation of total income and tax liability for A.Y. 2022-2023
Particulars ` `
Income from Salary (computed) 6,00,000
Capital Gains
L.T.C.G. on sale of commercial property, taxable u/s. 112 @ 11,00,000
20%
Income from Other Sources
Interest on Bank F.D. 30,000
Interest on savings bank account 6,500 36,500
GROSS TOTAL INCOME (G.T.I.) 17,36,500
Less: Deductions u/s. 80C to 80U
u/s. 80C: Contribution to PPF 60,000
u/s. 80D: Mediclaim premium paid (27,000 or max 25,000) 25,000
u/s. 80DD: Maintenance of dependant (note) 1,25,000
u/s. 80E: Interest on loan for higher education 80,000
u/s.80GGA: Contribution to National Fund for Rural 7,000
Development
u/s. 80GGC: Donation to political party 2,000
u/s.80G: Donation to specified funds/ organisations (W.N. 1) 3,88,050
u/s. 80TTA: Interest on savings bank accounts 6,500
Total Deductions u/s. 80C to 80U (I) 6,93,550
GTI available (excluding L.T.C.G.) (II) 6,36,500
Deductions allowable (I or II, whichever is less) (6,36,500)
TAX LIABILITY
Basic tax (W.N. 2) 1,70,000
TAX PAYABLE 1,76,800
529
W.N. 1 Deduction u/s. 80G

Category Donations made Donations eligible % Deduction
Unlimited -100% 3,44,000 3,44,000 100 3,44,000
Unlimited -50% 40,000 40,000 50 20,000
Limited -100% 15,000 15,000 100 15,000
Limited -50% 1,03,000 18,100 50 9,050
3,88,050
A.T.I. = 17,36,500 – 11,00,000 - 60,000 - 25,000 - 1,25,000 - 80,000 - 7,000 - 2,000 -

6,500 = 3,31,000
Total donations made to Limited category (15,000 + 1,03,000) 1,18,000
OR
10% of A.T.I. of ` 3,31,000 33,100
Whichever is less
Eligible amount = ` 33,100
100% Category 50% Category

` 15,000 ` 18,100 (Balancing figure)
W.N. 2: Basic tax

N.T.T.I. (consisting of LTCG only) ` 11,00,000
Less: basic exemption limit, remaining fully unabsorbed (` 2,50,000)
Taxable L.T.C.G. ` 8,50,000
x Tax rate u/s. 112 20%
Basic tax payable ` 1,70,000
Note: It has been assumed that the disabled brother does not claim deduction u/s. 80U
and therefore Mr. Pradeep Bhushan is entitled to deduction u/s. 80DD.
530
Answer 3
Mr. Manjesh
Computation of Total Income and tax liability for A.Y. 2022-2023
Particulars ` `
Capital Gains, which becomes G.T.I.
- LTCG (W.N. 1) 5,65,919
- STCG (W.N. 2) 3,34,000
G.T.I. 8,99,919
Less: Deductions u/s. 80C to 80U
u/s. 80C: Deposit with:-
(a) Senior Citizen Savings Scheme, 2004 20,000
(b) SBI for 6 years (within the overall limit of Sec 80C of ` 50,000 (70,000)
1,50,000)
u/s. 80D: Mediclaim insurance premium paid for :-
(a) Self (Senior citizen) 24,000
(b) Spouse (Non Senior citizen) 18,000
(c) Elder Son (Since independent) NIL
(d) Preventive health check - up [Maximum] 5,000 (47,000)
(within the overall limit of Sec 80D of ` 50,000)
Rounded off u/s 288A 7,82,920
TAX LIABILITY
Basic Tax (W.N. 3) 96,584
TAX PAYABLE 1,00,447
Rounded off u/s 288B 1,00,450
W.N.1 L.T.C.G
Particulars `
Less: Transfer expenses: Brokerage= 1.5% x ` 25,00,000 (37,500)
(LTCA as h.p. > 24 months from 27.4.2005 to 16.8.2021) (18,96,581)
(7,00,000 x 317 ÷ 117 5,65,919
531
LTCG, taxable u/s. 112 @ 20%

W.N.2 S.T.C.G
Less: Transfer expenses: Brokerage= 1% x ` 16,00,000 (16,000)
Less: Cost of Acquisition(STCA as h.p. < 24 months from 10.6.2021 to (12,50,000)
9.9.2019 i.e. 3 months)
STCG 3,34,000
W.N.3: Basic tax

N.T.T.I. 7,82,920
Less: L.T.C.G. (5,65,919)
Normal Income taxable at slab rate 2,17,001
Less: Basic Exemption Limit applicable (3,00,000)
UNABSORBED Exemption Limit (82,999)
L.T.C.G 5,65,919
Less: Unabsorbed Exemption Limit (82,999)
Taxable L.T.C.G. 4,82,920
x Tax rate u/s. 112 *20%
Basic tax payable 96,584
532
HOMEWORK PROBLEMS
Question 1
Examine the following statements with regard to the provisions of the Income-tax Act,
1961:
(i) During the financial year 2021-22, Mr. Amit paid interest on loan availed by him for
his son’s higher education. His son is already employed in a firm. Mr. Amit will get
the deduction under section 80E.
(ii) Subscription to notified bonds of NABARD would qualify for deduction under section
80C.
(iii) In order to be eligible to claim deduction under section 80C, investment / contribution
/ subscription etc. in eligible or approved modes, should be made from out of income
chargeable to tax.
(iv) Where an individual repays a sum of ` 30,000 towards principal and ` 14,000 as
interest in respect of loan taken from a bank for pursuing eligible higher studies, the
deduction allowable under section 80E is ` 44,000.
(v) Mrs. Sheela, widow of Mr. Satish (who was an employee of M/s. XYZ Ltd.), received
` 7 lakhs on 1.5.2021, being amount standing to the credit of Mr. Satish in his NPS
Account, in respect of which deduction has been allowed under section 80CCD to Mr.
Satish in the earlier previous years. Such amount received by her as a nominee on
closure of the account is deemed to be her income for A.Y.2022-23.
Question 2
Mr. Ganesh, a businessman, whose total income (before allowing deduction under section
80GG) for A.Y. 2022-23 is ` 4,60,000, paid house rent at ` 12,000 p.m. in respect of
residential accommodation occupied by him at Mumbai. Compute the deduction allowable
to him under section 80GG for A.Y. 2022-23.
Question 3
Mr. A has commenced the business of manufacture of computers on 1.4.2021. He employed
350 new employees during the P.Y. 2021-22, the details of whom are as follows –
No. of Date of Regular / Total monthly emoluments per
employees employment Casual employee (`)
75 1.4.2021 Regular 24,000
125 1.5.2021 Regular 26,000
50 1.8.2021 Casual 25,500
100 1.9.2021 Regular 24,000
533
The regular employees participate in recognized provident fund while the casual employees
do not. Compute the deduction, if any, available to Mr. A for A.Y. 2022-23, if the profits
and gains derived from manufacture of computers that year is ` 75 lakhs and his total
turnover is 2.16 crores.
Question 4
Mr. Rajmohan whose gross total income was ` 6,40,000 for the financial year 2021-22
furnishes you the following information:
(i) Stamp duty paid on acquisition of residential house (self-occupied) – ` 50,000.
(ii) Five year post office time deposit – ` 20,000.
(iii) Donation to a recognized charitable trust ` 25,000 which is eligible for deduction
under section 80G at the applicable rate .
(iv) Interest on loan taken for higher education of spouse paid during the year ` 10,000.
Compute the total income of Mr. Rajmohan for the Assessment Year 2022-23.
Question 5
Compute the eligible deduction under Chapter VI-A for the Assessment year 2022-23 of
Mr. Rama, who has a gross total income of ` 15,00,000 for the assessment year 2022-
23 and provides the following information about her investments / payments during the
year 2021-22:
SL. No. Particulars Amount (`)
1. Life Insurance premium paid (Policy taken on 01-01-2012 35,000
and sum assured is ` 3,00,000)
2. Public Provident Fund contribution 1,50,000
3. Repayment of housing loan to Bhartiya Mahila Bank, 20,000
Bangalore
4. Payment to L.I.C. Pension Fund 1,40,000
5. Mediclaim Policy taken taken for self, wife and dependent 30,000
children, premium paid by cheque
6. Medical Insurance premium paid by cheque for parents 52,000
(Senior Citizen)
534
HOMEWORK SOLUTIONS
Answer 1
(i) The statement is correct. The deduction under section 80E available to an individual
in respect of interest on loan taken for his higher education or for the higher education
of his relative. For this purpose, relative means, inter alia, spouse and children of
the individual. Therefore, Mr. Amit will get the deduction under section 80E. It is
immaterial that his son is already employed in a firm. This would not affect Mr.
Amit’s eligibility for deduction under section 80E.
(ii) The statement is correct. Under section 80C subscription to such bonds issued by
NABARD (as the Central Government may notify in the Official Gazette) would qualify
for deduction under section 80C.
(iii) The statement is not correct. There is no stipulation under section 80C that the
investment, subscription, etc. should be made from out of income chargeable to tax
i.e. it could be out of exempt income as well.
(iv) The statement is not correct. Deduction under section 80E is in respect of interest
paid on education loan. Hence, the deduction will be limited to ` 14,000.
(v) The statement is not correct. A proviso has been inserted in section 80CCD to provide
that the amount received by the nominee, on closure of NPS account on the death of
the assessee, shall not be deemed to be the income of the nominee. Hence, amount
received by Mrs. Sheela would not be deemed to be her income for A.Y. 2022-23.
Answer 2
The deduction under section 80GG will be computed as follows:
(i) Actual rent paid less 10% of total income

` 1,44,000 (-) (10 x 4,60,000)
= ` 98,000 (A)
100
(ii) 25% of total income

(25 x 4,60,000)
= ` 1,15,000 (B)
100
(iii) Amount calculated at ` 5,000 p.m. = ` 60,000 (C)

Deduction allowable [least of (i), (ii) and (iii)] = ` 60,000
535
Answer 3
Mr. A is eligible for deduction under section 80JJAA since he is subject to tax audit under
section 44AB for A.Y. 2022-23, as his total turnover from business exceeds ` 1 crore and
he has employed “additional employees” during the P.Y. 2021-22.
I. If Mr. A is engaged in the business of manufacture of computers
Additional employee cost = ` 24,000 x 12 x 75 [See Working Note below]
= ` 2,16,00,000
Deduction under section 80JJAA = 30% of ` 2,16,00,000 = ` 64,80,000.
Working Note:
Number of additional employees

Particulars No. of workmen
Total number of employees employed during the year 360
Less: Casual employees employed on 1.8.2021 who do 50
not participate in recognized provident fund
Regular employees employed on 1.5.2021, since their 125
total monthly emoluments exceed ` 25,000
Regular employees employed on 1.9.2021 since they
have been employed for less than 240 days in the P.Y.
2021-22. 100 275
Number of “additional employees” 75
Notes –
(i) Since casual employees do not participate in recognized provident fund, they do
not qualify as additional employees. Further, 125 regular employees employed on
1.5.2021 also do not qualify as additional employees since their monthly emoluments
exceed ` 25,000. Also, 100 regular employees employed on 1.9.2021 do not qualify
as additional employees for the P.Y. 2021-22, since they are employed for less than
240 days in that year.
Therefore, only 75 employees employed on 1.4.2021 qualify as additional employees,
and the total emoluments paid or payable to them during the P.Y. 2021-22 is deemed
to be the additional employee cost.
(ii) As regards 100 regular employees employed on 1.9.2021, they would be treated as
additional employees for previous year 2022-23, if they continue to be employees
in that year for a minimum period of 240 days. Accordingly, 30% of additional
employee cost in respect of such employees would be allowable as deduction under
section 80JJAA in the hands of Mr. A for the A.Y. 2023-24.
536
Answer 4
Computation of total income of Mr. Rajmohan for the A.Y. 2022-23
Particulars ` `
Less: Deduction under Chapter VI-A
Under section 80C
Stamp duty paid on acquisition of residential house 50,000
Five year time deposit with Post Office 20,000
70,000
Under section 80E
Interest on loan taken for higher education of spouse, 10,000
being a relative.
Under section 80G (See Note below)
Donation to recognized charitable trust (50% of ` 12,500 (92,500)
25,000)
Note: In case of deduction under section 80G in respect of donation to a charitable trust,
the net qualifying amount has to be restricted to 10% of adjusted total income i.e., gross
total income less deductions under Chapter VI-A except 80G. The adjusted total income
is, therefore ` 5,60,000 (i.e. 6,40,000 – ` 80,000), 10% of which is ` 56,000, which is
higher than the actual donation of ` 25,000. Therefore, the deduction under section 80G
would be ` 12,500, being 50% of the actual donation of ` 25,000.
Answer 5
Computation of eligible deduction under Chapter VI-A of Ms. Rama for A.Y. 2022-23
Particulars ` `
Life insurance premium paid ` 35,000 35,000
(allowed in full since the same is within the limit of 20% of

the sum assured, the policy being taken before 1.4.2012)
Public Provident Fund 1,50,000
Repayment of housing loan to Bhartiya Mahila Bank, 20,000
Bangalore
2,05,000
Restricted to a maximum of ` 1,50,000 1,50,000
537
Deduction under section 80CCC for payment towards LIC pension 1,40,000
fund
2,90,000
As per section 80CCE, aggregate deduction under, inter alia, 1,50,000
section 80C and 80CCC, is restricted to
Deduction under section 80D
Payment of medical insurance premium of ` 30,000 towards 25,000
medical policy taken for self, wife and dependent children
restricted to
Medical insurance premium paid ` 52,000 for parents, being 50,000 75,000
senior citizen, restricted to
Eligible deduction under Chapter VI-A 2,25,000
538
RETURN OF INCOME
SECTION - WISE INTRODUCTION AND BRIEF PARTICULARS OF ASSESSMENT PROCEDURE

Types of Assessments:
Note 1 – Summary Assessment
Assessment is completed on the basis of return submitted by the assessee. Assessing
Officer can make the following adjustments to the total Income declared in the return of
Income:
1. Any arithmetical error
2. Any incorrect claim
An Intimation under section 143(1) should not be sent after expiry of 1 year from the end
of Financial year in which return is filed
Note 2 – Regular assessment

Assessing officer will issue a notice to assessee under section 143(2) to take the case in
scrutiny. Such notice shall be served on the assessee within 6 months from the end of
financial year in which return is filed. After hearing such evidence as the assessee may
produce and after taking into account all relevant material which assessing officer has
gathered, he shall pass an order under section 143(3) determining the sum payable or
refundable to the assessee.
Note 3 – Best Judgement assessment

Assessing officer after considering all materials which he has gathered is under an
obligation to make assessment of total income or loss to the best of his judgement in
some cases
1. If person fails to respond to a notice under section 142(1) (for Filing ROI)
2. If Person fails to respond to a scrutiny notice under section 143(2).
539
Introduction
 The particulars of income earned under different heads, gross total income,
deductions from gross total income, total income and tax payable by the assessee
are generally required to be furnished by the assessee to the income tax department
in a prescribed format known as return of income (i.e. ROI).
 In other words, a return of income is the declaration of income & tax liability by the
assessee in the prescribed format.
 Such format for filing of returns by different assessees is notified by the CBDT.
Compulsory Filing of the Return of Income - [Section 139]
(1) Companies and Firms must file their return of income or loss for every previous
year.
(2) Every Person Other than a Company or a Firm, must file the return of income, if
his total income or the total income of any other person in respect of which he
is assessable under the Income Tax Act, 1961 during the previous year exceeds
the basic exemption limit.
(3) Every Person, being a resident and ordinarily resident in India (i.e. ROR), who is not
required to furnish a return u/s 139(1), shall be required to file a return of income or
loss for the previous year, if such person, at any time during the previous year:
(a) holds, as a beneficial owner or otherwise, any asset (including any
financial interest in any entity) located outside India; or has a signing
authority in any account located outside India; or
(b) is a beneficiary of any asset (including any financial interest in any entity)
located outside India
However, an individual being a beneficiary of any asset (including any financial
interest in any entity) located outside India would not be required to file return
of income, where, income (if any), arising from such asset is includible in the
income of the person referred to in (a) above in accordance with the provisions
of the Income Tax Act, 1961.
Note:
(a) Beneficial Owner:
An individual, who has provided, directly or indirectly, consideration
for the asset for the immediate or future benefit, direct or indirect, of
himself or any other person.
540
(b) Beneficiary:
An individual who derives benefit from the asset during the previous
year and the consideration for such asset has been provided by a person,
other than such beneficiary.
(4) (Finance Act’ 2019 Amendment):

Every person, being an individual or a HUF or an AOP / BOI, or an AJP whose
total income or the total income of any other person in respect of which he is
assessable under this Act during the previous year without giving effect to the
provisions of Chapter VI-A or section 54 / 54B / 54D / 54EC or 54F exceeded the
basic exemption limit is required to file a return of his income or income of such
other person on or before the due date in the prescribed form and manner and
setting forth the prescribed particulars.
The basic exemption limit is ` 2,50,000 for individuals / HUFs / AOPs or BOIs
/ AJPs, ` 3,00,000 for resident senior citizens and ` 5,00,000 for resident very
senior citizens.
These amounts denote the level of total income, which is arrived at after
claiming the admissible deductions under Chapter VI-A.
However, the level of total income to be considered for the purpose of filing
return of income is the income before claiming the admissible deductions under
Chapter VI-A and section 54/54B/54D/54EC or 54F.
(5) (Finance Act’ 2019 Amendment):
Any person other than a company or a firm, who is not required to furnish
a return under section 139(1), is required to file income-tax return in the
prescribed form and manner on or before the due date if, during the previous
year, such person –
(a) has deposited an amount or aggregate of the amounts exceeding ` 1
crore in one or more current accounts maintained with a bank; or
(b) has incurred expenditure of an amount or aggregate of the amounts
exceeding ` 2 lakhs for himself or any other person for travel to a foreign
country; or
(c) has incurred expenditure of an amount or aggregate of the amounts
exceeding ` 1 lakh towards consumption of electricity; or
(d) fulfils such other prescribed conditions
541
Summary of Point No. (3):

A person who is a ROR and not required to file a return u/s 139(1) and who at any time
during the previous year
holds, as beneficial owner has a signing is a beneficiary of

or otherwise, any asset authority in any any asset (including
(including financial interest OR account located OR financial interest in
in any entity) located outside India any entity) located
outside India outside India
shall be compulsorily required to furnish a return of income/loss for that previous year
Note:
(1) Every person, being an Individual/a HUF / an AOP or a BOI / an AJP:
- whose total income or the total income of any other person in respect of which
he is assessable under this Act during the previous year;
- without giving effect to the provisions of Chapter VI-A or section 54 / 54B / 54D /
54EC or 54F;
- exceeded the basic exemption limit;
is required to file a return of his income or income of such other person on or before
the due date in the prescribed form and manner and setting forth the prescribed
particulars.
The basic exemption limit is ` 2,50,000 for individuals / HUFs / AOPs or BOIs /
AJPs, ` 3,00,000 for resident senior citizens and ` 5,00,000 for resident very senior
citizens.
These amounts denote the level of total income, which is arrived at after claiming
the admissible deductions under Chapter VI-A.
However, the level of total income to be considered for the purpose of filing return
of income is the income before claiming the admissible deductions under Chapter VI-A
and section 54 / 54B / 54D / 54EC or 54F.
(2) Every person, who is compulsorily required to furnish a return of income or loss
as per the above provisions, shall on or before the due date, furnish the return of
income or loss, in the prescribed form and verified in the prescribed manner, setting
forth such other particulars as may be prescribed.
542
(3) Although, it is mandatory to file return of income or loss, only in the situations
covered in the table as above; but the law does not prohibit any person to file a
return of income voluntarily even if such person is not statutorily required to do so.
(4) An assessee, in addition to filing the return of his own total income, is under an
obligation to file the return of income of another person in respect of whom he is
assessable.
This means that all the representative assessees and legal representatives are under
a liability to be assessed on income beneficially belonging to other person.
For example, legal guardian of a minor or a lunatic or an idiot, trustees of a trust,
executors of an estate of a deceased person, liquidator of a company in liquidation.
Due Dates for Filing the Return of Income - [Section 139(1)]
Assessee Due Dates

(1) Company 31st October of the
(2) Assessees (Other than Company): Assessment Year
(a) whose accounts are required to be audited under
the Income Tax Act, 1961 or any other law; or
(b) being a partner of a firm, whose accounts are
required to be audited under the Income Tax Act,
1961 or any other law
(3) Assessees who have to file a transfer pricing report u/s 30th November of the
92E (i.e. assessees who have undertaken international Assessment Year
transactions)
(4) Every Other Case 31st July of the
Assessment Year
Note:
[Circular No. - 639, dated 13-11-1992]:
Where the last day of filing the return is a day on which the office is closed, the assessee
can file the return on the next day afterwards on which the office is open, and in such
cases, the return is deemed to have been filed within the specified time limit.
543
Interest for Default in Furnishing Return of Income - [Section 234A]

 Interest u/s 234A is attracted for failure to file a return of income on or before the
due date u/s 139(1) i.e. interest is payable where an assessee furnishes the return of
income after the due date or does not furnish the return of income.
 Simple interest @1% per month or part of the month is payable for the period:
(a) commencing from the date immediately following the due date; and
(b)
ending on the date of furnishing of the return (where the return is furnished after
due date) or the date of completion assessment (where no return is furnished)
 The interest has to be calculated on the amount of tax on total of income as determined u/s
143(1) or on regular assessment as reduced by the advance tax paid and any tax deducted
or collected at source and any relief of tax allowed u/s 89.
 No interest u/s 234A shall be charged on self-assessment tax paid by the assessee
on or before the due date of filing of return.
 The interest payable u/s 234A shall be reduced by the interest, if any, paid on
self-assessment u/s 140A towards interest chargeable u/s 234A.
Fee for Default in Furnishing Return of Income - [Section 234F]

Where a person, who is required to furnish a return of income u/s 139, fails to do so within
the prescribed time limit u/s 139(1), he shall pay, by way of fee, a sum of: 5,000 rupees.
Note:
If the total income of the assessee does not exceed ` 5,00,000, then, the fees payable u/s
234F shall not exceed ` 1,000.
Fee for Default relating to statement or certificate - [Section 234G]

Where a research association, university, college or other institution referred in sections
35(1)(ii), 35 (1)(iii), 35(1)(iia) & 80G(5)(viii) fails to deliver a statement within time prescribed
under those sections, they shall be liable to pay a fee of ` 200 for every day during which
the failure continues.
Option to Furnish Return of Income to Employer - [Section 139(1A)]

 This section gives an option to a person, being an individual who is in receipt of
income chargeable under the head ‘Salaries’, to furnish a return of his income for any
previous year to his employer, in accordance with such scheme as may be notified by
the CBDT and subject to such conditions as may be specified therein.
544
 Such employer shall furnish all returns of income received by him on or before the
due date, in such form (including on a floppy diskette, magnetic cartridge tape, CD-
ROM or any other computer readable media) and manner as may be specified in
that scheme.
 In such a case, any employee who has filed a return of his income to his employer
shall be deemed to have furnished a return of income u/s 139(1).
Specified Class or Classes of Persons to be Exempted from Filing Return of Income -

[Section 139(1C)]
 As per the provisions of section 139(1), every person has to furnish a return of his
income on or before the due date, if his total income exceeds the basic exemption
limit.
 For reducing the compliance burden of small taxpayers, the Central Government
has been empowered to notify the class or classes of persons who will be exempted
from the requirement of filing of return of income, subject to satisfying the prescribed
conditions.
 Every notification issued u/s 139(1C) shall, as soon as may be after its issue, be
laid before each House of Parliament while it is in session, for a total period of
thirty days. If both Houses agree in making any modification in the notification, the
notification will thereafter have effect only in such modified form. If both Houses
agree that the notification should not be issued, the notification shall thereafter
have no effect.
Return of Loss - [Section 139(3)]
Provisions The return of loss shall be filed in the prescribed form & within the time
of Section prescribed u/s 139(1). Hence return of loss is deemed to be filed u/s 139(1).
139(3) Further, section 80 requires mandatory filing of return of loss u/s 139(3) on
or before the due date specified u/s 139(1) for carry-forward of the following
losses:
(a) Business losses (speculative as well as non-speculative);
(b) Loss related to a business specified u/s 35AD;
(c) Capital losses (Long-term as well as Short - term);
Loss from an activity of owning & maintaining race horses.
545
Other Points (1) Loss under the head ‘House Property’ & ‘Unabsorbed Depreciation’
can be carried-forward & set-off without furnishing any return of
loss u/s 139(3).
(2) Section 139(3) read with Section 80, does not prohibit the set-off of
losses of current year while computing the total income even if the
return is filed after the due date. It only prohibits the carry-forward
of losses.
Although the losses of current year cannot be carried-forward unless
the return is filed on or before the due date but the brought-forward
losses of earlier years (for which the returns were filed on or before
the due dates & such losses were assessed) can be carried-forward to
subsequent assessment years.
Belated Return - [Section 139(4)]

Provisions of  If the return for any previous year is not furnished within the time
Section 139(4) allowed u/s 139(1), then, the assessee may furnish the return for
such previous year as belated return at any time:
(a) Before three months prior to the end of the assessment year;
or
(b) before the completion of assessment
whichever is earlier
The return so furnished after the due date but on or before the above
time limit shall be treated as a belated return.
Example An assessee is supposed to file the return for A.Y. 2022-23 by 31st July,
22. If he does not file such return upto 31st July, 2022, then such return,
if submitted after the said date, shall be treated as a belated return.
Such belated return may be submitted before the end of the assessment
year (i.e. upto 31st March, 2023). If, however, the assessment is completed
before 31st March, 2023, then such return should be submitted before
the completion of assessment.
546
Consequences If the assessee files a belated return u/s 139(4), then, following
of filing a consequences shall be attracted. These consequences shall be attracted
Belated Return even if the assessee has filed the belated return within the time limit
prescribed u/s 139(4):
(a) The assessee shall be liable for penal interest u/s 234A.
(b) The assessee shall be liable to late filing fees u/s 234F
(c) If the return of loss is submitted after the due date u/s 139(1), then,
losses cannot be carried-forward.
However, the loss under the head ‘House Property’ & ‘Unabsorbed
Depreciation’ can be carried-forward.
If return is submitted after the due date, certain deductions under the
Income Tax Act, 1961 which are specifically allowed only if the return is
filed on or before the due date, shall not be available.
Revised Return - [Section 139(5)]
Provisions of  If the assessee, having furnished the return for any previous year u/s
Section 139(5) 139(1) or 139(3) or 139(4), discovers any omission or wrong statement
in such return, then, he may furnish a revised return u/s 139(5) at
any time:
(a) Before three months prior to the end of the assessment year;
or
(b) before the completion of assessment
whichever is earlier
Example For the A.Y. 2022-23, a revised return can be filed before the end of the
assessment year (i.e. upto 31st March, 2023). If, however, the assessment
is completed before 31st March, 2023, then such return should be
submitted before the completion of assessment.
Other Points (1) The returns filed u/s 139(3) is deemed to be filed u/s 139(1). Hence,
a return filed u/s 139(3) can be revised u/s 139(5).
(2) Once a revised return is filed, the originally filed return is taken to
have been withdrawn & substituted by the revised return.
Hence, a second revised return can be filed u/s 139(5) for correcting
any omission or wrong statement made in the first revised return.
However, the same should be submitted within the time limit as
prescribed above.
547
(3) There is no provision in the Income Tax Act, 1961 to seek permission
to revise a return. It is a right of the assessee to submit such return.
(4) Where omission or wrong statement in the original return filed u/s
139(1) or u/s 139(4) is discovered by department as a result of
enquiry and thereafter a return is furnished, making amendment
therein, that would not amount to a revised return.
Particulars to be Furnished with the Return of Income - [Section 139(6)]

The prescribed form of the return shall, in certain specified cases, require the assessee to
furnish the particulars of:
(i) income exempt from tax;
(ii) assets of the prescribed nature and value, held by him as a beneficial owner or
otherwise or in which he is a beneficiary;
(iii) his bank account and credit card held by him;
(iv) expenditure exceeding the prescribed limits incurred by him under prescribed heads;
and
(v) such other outgoings as may be prescribed.
Particulars to be Furnished with Return of Income in the case of an Assessee engaged in

any Business or Profession - [Section 139(6A)]
The prescribed form of the return shall, in the case of an assessee engaged in any business
or profession, also require him to furnish:
(i) the report of any audit referred to in section 44AB;
(ii) the particulars of the location and style of the principal place where he carries on
the business or profession and all the branches thereof;
(iii) the names and addresses of his partners, if any, in such business or profession;
(iv) if he is a member of an association or body of individuals:
(a) the names of the other members of the association or the body of individuals;
and
(b) the extent of the share of the assessee and the shares of all such partners or
members, as the case may be, in the profits of the business or profession.
548
Defective or Incomplete Return - [Section 139(9)]
Provisions of  Where the A.O. considers that return furnished by assessee is

Section 139(9) defective, he is given the discretion to intimate the defect to the
assessee & give him an opportunity to rectify the defect within
15 days from the date of such intimation or such further extended
period as he may consider reasonable.
 If the defect is not rectified within the given time then the A.O. can
treat the return as invalid return & other provisions of the Income
Tax Act, 1961 would apply as if the assessee had failed to furnish
the return.
 If the defect is rectified by the assessee after the period specified
as above but before the assessment is made, then the A.O. may
condone the delay and treat such return as a valid return.
What is a A return of income shall be regarded as defective unless all the following
Defective or conditions are fulfilled, namely:
Incomplete (a) The annexures, statements and columns in the return of income
Return relating to computation of income chargeable under each head of
income, computations of gross total income and total income have
been duly filled in.
(b) The return of income is accompanied by the following, namely:
(i) a statement showing the computation of the tax payable on the
basis of the return.
(ii) the report of the audit obtained u/s 44AB (If such report has been
furnished prior to furnishing the return of income, a copy of such
report and the proof of furnishing the report should be attached).
(iii) the proof regarding the tax, if any, claimed to have been deducted
or collected at source and the advance tax and tax on self-
assessment, if any, claimed to have been paid. (However, the
return will not be regarded as defective if (a) a certificate for tax
deducted or collected was not furnished u/s 203 or section 206C
to the person furnishing his return of income, (b) such certificate is
produced within a period of 2 years).
(iv) the proof of the amount of compulsory deposit, if any, claimed to
have been paid under the Compulsory Deposit Scheme (Income-tax
Payers) Act, 1974;
549
(c) Where regular books of account are maintained by an assessee,

the return of income is accompanied by the following:
(i) copies of manufacturing account, trading account, profit and
loss account or income and expenditure account, or any other
similar account and balance sheet;
(ii) the personal accounts as detailed below:
Proprietary business or The personal account of the
profession proprietor
Firm, association of persons personal accounts of partners
or body of individuals or members
Partner or member of a firm, partner’s personal account
association of persons or firm member’s personal
body of individuals account in the association of
persons or body of individuals
(d) Where the accounts of the assessee have been audited, the return
should be accompanied by copies of the audited profit and loss
account and balance sheet and the auditor’s report.
(e) Where the cost accounts of an assessee have been audited u/s 148
of Companies Act, 2013, the return should be accompanied by such
report.
(f) Where regular books of account are not maintained by the assessee,
the return should be accompanied by:
(i) a statement indicating:
(a) the amount of turnover or gross receipts
(b)
gross profit
(c) expenses; and
(d) net profit of the business or profession;
(ii) the basis on which such amounts mentioned in (i) above have
been computed;
(iii) the amounts of total sundry debtors, sundry creditors, stock-
in-trade and cash balance as at the end of the previous year.
550
Note:
(i) Many of these particulars are now incorporated as part of the
relevant income tax return form. For example, details of tax
deducted at source, advance tax paid, self-assessment tax paid,
amount of turnover / gross receipts etc.
(ii) The CBDT has the powers of relieving some conditions in relation
to such class of assessees as may be specified in the notification.
Permanent Account Number (PAN) - [Section 139A]
PAN Meaning ‘PAN’ stands for ‘Permanent Account Number’. It is a unique 10 digit
alphanumeric code issued by the income tax department to the assessee
for the purpose of identification of the assessee as per the provisions of
the Income Tax Act, 1961.
Apart from the identification of the assessee, the PAN serves various
other purposes under the Income Tax Act, 1961.
Persons (1) As per the provisions of section 139A(1), following persons, who
compulsorily have not been allotted a PAN, are compulsorily required to apply
required to to the A.O. within the prescribed time for the allotment of a PAN:
obtain PAN (a) Every person whose total income or the total income of any
other person in respect of which he is assessable under this
Act during any previous year exceeded the basic exemption limit;
or
(b) Any person carrying on business or profession whose turnover
or gross receipts exceeds or likely to exceed ` 5,00,000 in any
previous year; or
(c) Every person, being a resident, other than an individual, which
enters into a financial transaction of an amount aggregating to `
2,50,000 or more in a financial year; or
(d) Every person who is the managing director, director, partner,
trustee, author, founder, karta, chief executive officer, principal
officer or office bearer of the person mentioned in (c) above or any
person competent to act on behalf of such person.
551
(2) As per the provisions of section 139A(1A), the Central Government

is empowered to specify, by notification in the Official Gazette, any
class or classes of persons by whom tax is payable under the Act or
any tax or duty is payable under any other law for the time being
is force.
Such persons are required to apply within such time as may be
mentioned in that notification to the A.O. for the allotment of a
PAN.
(3) As per the provisions of section 139A(1B), for the purpose of collecting
any information which may be useful for or relevant to the purposes
of the Act, the Central Government may notify any class or classes
of persons, and such persons shall within the prescribed time, apply
to the A.O. for allotment of a PAN.
(4) As per the provisions of section 139A(2), the A.O., having regard to
the nature of transactions as may be prescribed, may also allot
a PAN to any other person (whether any tax is payable by him or
not) in the manner and in accordance with the procedure as may be
prescribed.
Voluntary A.O. may also allot PAN to any person who is not covered above.
Application for In short, any other person may also voluntarily apply to obtain a PAN.
PAN
More than one No person who has already been allotted PAN, shall apply, obtain or
PAN possess another PAN.
PAN The assessee shall make an application for obtaining PAN in Form 49A.
Application Note:
Form However, the application for obtaining PAN shall be made in Form 49AA
in case of individuals who are not Indian citizens or entities incorporated
outside India or unincorporated entities formed outside India.
Mandatory (a) in all the returns or correspondences with the income tax authorities;
Quoting of (b) in all the challans for payment of any sum under the Income Tax
PAN Act, 1961;
(c) in all documents pertaining to transactions, prescribed by the CBDT in
the interests of revenue. In this connection, the CBDT has notified the
following transactions, namely:
552
Nature of transaction Value of trans-

action
(1) Sale or purchase motor vehicles All such
(other than two wheeled vehicles) transactions
(2) Opening an A/c with a banking All such
company or a cooperative bank transactions
(other than a time deposit
referred to at Sr. No. 12 and a
basic savings bank deposit A/c)
(3) Making an application to any All such
banking company or a co- transactions
operative bank or to any other
company or institution, for issue
of a credit or debit card
(4) Opening of a demat A/c with a All such
depository participant, custodian transactions
of securities or any other person
registered under the SEBI Act,
1992
(5) Payment to a hotel or restaurant Payment in cash
against a bill or bills at any one of an amount
time. exceeding `
50,000.
(6) Payment in connection with Payment in cash
travel to any foreign country or of an amount
payment for purchase of any exceeding `
foreign currency at any one time. 50,000.
(8) Payment to a company or Amount

an institution for acquiring exceeding `
debentures issued by it 50,000
(9) Payment to the Reserve Bank of Amount
India for acquiring bonds issued exceeding
by it. ` 50,000
553
(10) Deposit with a banking company Cash deposits

or a co-operative bank or post exceeding `
office 50,000 during
any one day.
(11) Purchase of bank drafts or pay Payment in cash
orders or banker’s cheques of an amount
from a banking company or a exceeding `
co-operative bank. 50,000 during
any one day.
(12) A time deposit with: Amount
(a) any banking company or a exceeding
cooperative bank; ` 50,000 or
(b) a post office; aggregating to
(c) a nidhi company; more than `
(d) a non-banking financial 5,00,000 during
company which holds a a financial year.
certificate of registration
from the RBI, to hold or
accept deposit public
(13) Payment for one or more pre- Payment in cash

paid payment instruments, as or by way of a
defined in the policy guidelines bank draft or
for issuance operation of pre- pay order or
paid payment and instruments banker’s cheque
issued by the RBI under the of an amount
Payment and Settlement Systems aggregating
Act, 2007, to a banking company to more than
or a co-operative bank or to any ` 50,000 in a
other company or institution. financial year.
(14) Payment as life insurance Amount
premium to an insurer aggregating
to more than
` 50,000 in a
financial year.
554
(15) A contract for sale or purchase Amount

of securities (other than shares) exceeding
` 1,00,000 per
transaction.
(16) Sale or purchase, by any person, Amount
of shares of a company not listed exceeding
on a recognised stock exchange. ` 1,00,000 per
transaction.
(17) Sale or purchase of any Amount
immovable property. exceeding
` 10,00,000
or valued by
stamp valuation
authority referred
to in section 50C
at an amount
exceeding
` 10,00,000.
(18) Sale or purchase, by any person, Amount
of goods or services of any nature exceeding
other than those specified at Sr. ` 2,00,000 per
No. 1 to 17 above. transaction.
Note:
(1) Minor to quote PAN of Parent or Guardian:
Where a person, entering into any transaction referred to in this
rule, is a minor and who does not have any income chargeable
to income-tax, he shall quote the PAN of his father or mother or
guardian, as the case may be, in the document pertaining to the
said transaction.
(2) Declaration by a person not having PAN
Further, any person who does not have a PAN and who enters into
any transaction specified as above, shall make a declaration in
Form No. 60 giving therein the particulars of such transaction either
in paper form or electronically.
555
(3) Non-applicability of Rule 114B

Also, the provisions of this rule shall not apply to the following
class or classes of persons, namely:
(a) the Central Government, the State Governments and the
Consular Offices;
(b) the non-residents referred to in section 2(30) in respect of the
transactions other than a transaction referred to at Sr. No. 1,
2, 4, 7, 8, 10, 12, 14, 15, 16 and 17 of the above table.
(4) Every person who receives any document relating to any transaction
cited above shall ensure that the PAN is duly quoted in the document.
Intimation of As per the provisions of section 139A(5A), every person who receives any
PAN to person amount from which tax has been deducted at source shall intimate his
deducting tax PAN to the person responsible for deducting such tax.
at source Note:
Quoting of PAN in certain documents:
As per the provisions of section 139A(5B), where any amount has been
paid after deducting tax at source, the person deducting tax shall
quote the PAN of the person to whom the amount was paid in the
following documents:
(a) in all TDS certificates issued to the person to whom payment is
made;
(b) in all TDS returns made to the prescribed income tax authority.
Intimation Every person having PAN, shall intimate the A.O., any change in the
of Change to address or in the name or nature of business on the basis of which the
A.O. PAN was initially allotted to him.
Non- Failure to comply with the provisions of section 139A or quoting wrong
compliance of PAN shall attract penalty of ` 10,000 (for each default) u/s 273B.
Section 139A
Quoting of Aadhar Number - [Section 139AA]
Mandatory Every person who is eligible to obtain Aadhar Number is required to

quoting mandatorily quote Aadhar Number, on or after 1st July, 2017:
of Aadhar (a) in the application form for allotment of PAN; and
Number (b) in the return of income
556
Where person If a person does not have Aadhar Number, he is required to quote
does not Enrolment ID of Aadhar application form issued to him at the time of
have Aadhar enrolment in the application form for allotment of PAN or in the return
Number of income furnished by him.
Enrolment ID means a 28-digit Enrolment Identification Number issued
to a resident at the time of enrolment for Aadhar.
Intimation of Every person who has been allotted PAN as on 1st July, 2017, and who
Aadhar Number is eligible to obtain Aadhar Number, shall intimate his Aadhar Number
to prescribed to prescribed authority on or before a date as may be notified by the
Authority Central Government.
Consequences If a person fails to intimate the Aadhar Number, the PAN allotted to
of failure such person shall be deemed to be invalid and the other provisions of
to intimate the Income Tax Act, 1961 shall apply, as if the person had not applied
Aadhar for allotment of PAN.
Number If a person fails to intimate his Aadhar number u/s 139AA, he will be
liable to pay a fee of not exceeding 1,000/-.
Note:
To give effect to the ruling of Hon’ble Supreme Court on Aadhar Card
linkage, the CBDT vide Press Release dated 10th June 2017, clarified
that in consequence of failure to intimate Aadhar Number, the PAN of
those who do not have Aadhar and who do not wish to obtain Aadhar
for the time being, shall not be cancelled so that other consequences
under the Income Tax Act, 1961 for failing to quote PAN may not arise.
Provision not The provisions of section 139AA relating to quoting of Aadhar Number
to apply to would, however, not apply to such person or class or classes of persons
certain person or any State or part of any State as may be notified by the Central
or class of Government.
persons Note:
The Central Government has, vide Notification No. 37/2017, dated 11-
05-2017, effective from 01-07-2017, notified that the provisions of
section 139AA would not apply to an individual who does not possess
the Aadhar number or Enrolment ID and is:
(a) residing in the state of Assam, Jammu & Kashmir and Meghalaya;
(b) a non-resident as per Income-tax Act, 1961;
(c) of the age of ≥ 80 years at any time during the previous year;
(d) not a citizen of India
557
Submission of returns through Tax Return Preparers (TRPs) - [Section 139B]

(1) For the purpose of enabling any specified class or classes of persons to prepare
& furnish return of income, the CBDT may, by way of notification, frame a scheme
providing that such persons may furnish their returns of income through a TRP
authorized to act as such under the scheme.
(2) The scheme framed shall specify the manner in which the TRP shall assist the persons
furnishing the return of income, and shall also affix his signature on such return.
(3) A TRP means any individual, other than:

(i) any officer of a scheduled bank with which the assessee maintains a current
A/c or has regular dealings;
(ii) any legal practitioner who is entitled to practice in any civil court in India;
(iii) a chartered accountant;
(iv) company secretary - [Notification No 66/2016, dated 09-08-2016]
(v) cost accountant - [Notification No 66/2016, dated 09-08-2016]
(vi) an employee of the ‘specified class or classes of persons’.

The ‘specified class or classes of persons’ for this purpose means any person other
than a company or a person whose accounts are required to be audited u/s 44AB
(tax audit) or under any other existing law, who is required to furnish a return of
income under the Act.
(4) The Scheme notified under the said section may provide for the following:
(i) the manner in which and the period for which the Tax Return Preparers shall be
authorised;
(ii) the educational and other qualifications to be possessed, and the training and
other conditions required to be fulfilled, by a person to act as a Tax Return
Preparer;
(iii) the code of conduct for the Tax Return Preparers;
(iv) the duties and obligations of the Tax Return Preparers;
(v) the circumstances under which the authorisation given to a Tax Return Preparer
may be withdrawn; and
(vi) any other relevant matter as may be specified by the Scheme.
558
(5) Accordingly, the CBDT has, in exercise of the powers conferred by this section, framed
the Tax Return Preparer Scheme, 2006, which came into force from 01-12-2006.
Particulars Contents
Applicability of the The scheme is applicable to all eligible persons
TRP Scheme
Eligible Person Any person being an individual or a HUF.
TRP Any individual who has been issued a "Tax Return Preparer
Certificate" and a "Unique Identification Number" under this
scheme by the Partner Organisation to carry on the profession
of preparing the returns of income in accordance with the
scheme.
However, the person referred in point no. (3) above are not
entitled to act as TRPs.
Educational An Individual:
Qualification for (a) who holds a bachelor degree from a recognised Indian
TRPs University or institution; or
(b) has passed the intermediate level examination conducted
by the ICAI or the ICSI or the ICWAI, shall be eligible to
act as TRP.
Preparation of An eligible person may, at his option, furnish his return of
and furnishing the income u/s 139 for any assessment year after getting it
Return of Income by prepared through a TRP. However, the following eligible
the TRPs person (an individual or a HUF) cannot furnish a return of
assessment year through a TRP:
(a) who is carrying out business or profession during the
previous year and accounts of the business or profession
for that previous year are required to be audited u/s 44AB
or under any other law for the time being in force; or
(b) who is not a resident in India during the previous year.
An eligible person cannot furnish a revised return of income for
any assessment year through a TRP, unless he has furnished
the original return of income for that assessment year through
such or any other TRP.
559
Power of CBDT to dispense with furnishing documents etc. with the Return and Filing of
Return in Electronic Form - [Sections 139C & 139D]
 Section 139C:
(a) The CBDT may make rules providing for a class or classes of persons who may
not be required to furnish documents, statements, receipts, certificate, reports
of audit or any other documents, which are otherwise required to be furnished
along with the return under any other provisions of this Act.
(b) However, on demand, the said documents, statements, receipts, certificate,
reports of audit or any other documents have to be produced before the A.O.
 Section 139D:
Section 139D empowers the CBDT to make rules providing for:
(a) the class or classes of persons who shall be required to furnish the return of
income in electronic form;
(b) the form and the manner in which the return of income in electronic form may
be furnished;
(c) the documents, statements, receipts, certificates or audited reports which may
not be furnished along with the return of income in electronic form but have to
be produced before the A.O. on demand;
(d) the computer resource or the electronic record to which the return of income in
electronic form may be transmitted.
Signing & Verification of Return - [Section 140]

This section specifies the persons who are authorized to verify the return of income u/s
139.
Assessee Circumstances Authorised Persons
Individual 1. In circumstances not covered Individual himself
by point no. (2), (3) & (4) below
2. Where the individual Any person duly authorised by him in
concerned is absent from this behalf holding a valid power
India of attorney from such individual
(such power of attorney should be
attached to the return of income)
3. Where the individual is Legal guardian or a person competent
mentally incapacitated from to act on his behalf
attending to his affairs
560
4. Where for any other reason, Any person duly authorised by him in
it is not possible for the this behalf holding a valid power
individual to sign the return of attorney from such individual
(such power of attorney should be
attached to the return of income)
HUF 1. In circumstances not covered Karta of the HUF
by point no. (2) & (3) below
2. Where the karta is absent Any other adult member of the HUF
from India
3. Where the karta is mentally Any other adult member of the HUF
incapacitated from attending
to his affairs
Company 1. In circumstances not covered Managing director of the company
by point no. (2), (3), (4), (5) &
(6) below
2. Where for any unavoidable Any other director of the company
reason, such managing or any other person as may be
director is not able to verify prescribed for this purpose.
the return or there is no
managing director
3. Where the company is not A person who holds a valid power of
resident in India attorney from such company to do
so (such power of attorney to be
attached with the return)
4. Where the company is being Liquidator of the company
wound up or where any
person has been appointed
as the receiver of any assets
of the company
5. Where the management Principal officer of the company
of the company has been
taken over by the Central
Government or any State
Government under any law
561
6. Where an application Insolvency professional appointed

for corporate insolvency by such Adjudicating Authority
resolution process has been
admitted by the Adjudicating
Authority under the
Insolvency and Bankruptcy
Code, 2016
Firm 1. In circumstances not covered Managing partner of the firm
by point no. (2) below
2. Where, for any unavoidable Any other partner of the firm
reason, such managing
partner is not able to sign
or there is no managing
partner
LLP 1. In circumstances not covered Designated partner of the LLP
by point no. (2) below
2. Where, for any unavoidable Any other partner of the LLP or any
reason, such designated other person as may be prescribed
partner is not able to sign for this purpose.
or there is no designated
partner
Local Authority ---- Principal officer thereof
Political Party ---- Chief executive officer of political
party (whether he is known
as secretary or by any other
designation)
Any other Asso- ---- Any member or the principal officer
ciation thereof
Any other Person ---- Person himself or by some other
person competent to act on his behalf

Self-Assessment - [Section 140A]
(1) Payment of tax, interest and fee before furnishing return of income:
Where any tax is payable on the basis of any return required to be furnished under,
inter alia, section 139, after taking into account:
(i) the amount of tax, already paid, under any provision of the Income Tax Act,
562
1961
(ii) the tax deducted or collected at source; and
(iii) any relief of tax claimed under section 89
the assessee shall be liable to pay such tax together with interest & fees payable
under any provision of this Act for any delay in furnishing the return or any default
or delay in payment of advance tax before furnishing the return. The return shall be
accompanied by the proof of payment of such tax, interest & fee.
(2) Order of adjustment of amount paid by the assessee:

Where the amount paid by the assessee u/s 140A(1) falls short of the aggregate
of the tax, interest & fees as aforesaid, the amount so paid shall first be adjusted
towards the fees payable and thereafter towards interest and the balance, if any,
shall be adjusted towards the tax payable.
(3) Interest u/s 234A:

For the above purpose, interest payable u/s 234A shall be computed on the amount
of tax on the total income as declared in the return, as reduced by the amount of:
(i) advance tax paid, if any;
(ii) any tax deducted or collected at source;
(4) Interest u/s 234B:

Interest payable u/s 234B shall be computed on the assessed tax or on the amount
by which the advance tax paid falls short of the assessed tax.
For this purpose ‘assessed tax’ means the tax on total income declared in the return
as reduced by the amount of tax deducted or collected at source on any income
which forms part of the total income; and any relief of tax claimed under section 89.
(5) Consequence of failure to pay tax, interest or fee:

If any assessee fails to pay the whole or any part of such of tax or interest or fees,
he shall be deemed to be an assessee in default in respect of such tax or interest or
fees remaining unpaid and all the provisions of this Act shall apply accordingly.
563
CLASSWORK PROBLEMS
Question 1
Following information is given regarding certain persons.
Assessee NTI Sources of Income Turnover / Gross Solution
receipt `
A Pvt. Ltd. 38,00,000 Business, IFOS 25,60,00,000
Mr. A 1,80,000 Salary, HP & OS N.A.
(80C - 1 Lac)
Prashad 6,40,000 Business, C.G. 1,00,00,000
Babubhai 8,20,100 Partner in CA firm Firm's receipts
` 56,00,000
Rohit 5,00,000 Sleeping partner Firm's turnover ` 2
in trading firm crore
Discuss whether the above persons are required to submit return of income for the
assessment year 2022-23 (if yes, indicate due date for furnishing the return).
Question 2
Discuss the correctness or otherwise of the following:
1. Mr. Pinakin having business loss of ` 1,20,000 (after providing for depreciation of
` 80,000) furnishes his return of income on 5.8.2022 (turnover for 2021-22 ` 100
lacs). He wants to carry forward ` 1,20,000.
2. Mr. Anil has furnished his return of income for the assessment year 2022-23 on 31st
March, 2023. The assessment was completed on the basis of such return on 10th
May, 2023.
3. Mr. Quadro has furnished his return of income for the assessment year 2022-23 on
11th April, 2023. The assessment was completed on the basis of such return on 8th
May, 2023.
4. Mr. Siddhu didn't file any return of income for the assessment year 2022-23 and
his assessment for that year was completed on 31st December, 2022. He furnishes
return of income u/s 139(4) on 18.1.2023.
5. Mr. Chinumama having loss from other sources of ` 10,000 furnishes his return on
30.7.2022. He wants to carry forward such loss for set off in subsequent years.
564
Question 3
Mr. Vineet submits his return of income on 12-09-2022 for A.Y 2022-23 consisting of
income under the head salaries, “Income from house property” and bank interest. On 21-
01-2023, he realized that he had not claimed deduction under section 80TTA in respect
of his interest income on the Savings Bank Account. He wants to revise his return of
income. Discuss.
Question 4
Mr. A (aged 67 years) has earned following Income.
Long - term Capital Gain on sale of RHP 3,00,000
Less: Exempt u/s 54 (3,00,000) NIL
Interest on Bank of D 30,000
Interest on saving D 9,000 39,000
Less : Deduction under chapter VI- A
Sec. 80 TTB : Interest (39,000)
Net Total Income 2,00,000
Whether he is required to furnish the Return of Income, if yes then specify the due date.
N.T.T.I. : 2,00,000
Add : Exemption
- u/s 54 : 3,00,000
- Deduction u/s 80TTB : 39,000
Total : 5,39,000
Even though his N.T.T.I. is < 3,00,000, he has to file a return on 31/7/22 and not to pay
any tax, since income tax department will verify if he has claimed the exemption u/s 54
& deduction u/s 80TTB correctly or not.
565
CLASSWORK SOLUTIONS
Answer 2
1. Mr. Pinakin can carry forward unabsorbed depreciation of ` 80,000 as Section 139(3)
does not apply to unabsorbed depreciation.
The due date for filing the return of income for Mr. Pinakin u/s. 139(1) for A.Y. 2021-
2022 is 31st July 2022 (since the turnover for P.Y. 2021-22 is exactly ` 1 crore, tax
audit u/s. 44AB is not applicable). The ROI has been filed on 5.8.2022 i.e. after
the due date u/s. 139(1). Accordingly, he cannot carry forward business loss of `
40,000/-
2. The last date for filing a belated return for A.Y. 2022-23 u/s.139(4) is as follows:

End of the assessment year OR 31-3-2023
Completion of Assessment 10-5-2023
Whichever is earlier
In the given case, since the ROI has been filed on 31-3-2023, it is a valid belated
return.
3. The last date for filing a belated return for A.Y. 2022-23 u/s.139(4) is 31-3-2023
(same as point 2 above). Since the ROI has been filed on 11-4-2023, it is an invalid
belated return. Assessment completed on the basis of invalid return, is also invalid.
4. The last date for filing a belated return for A.Y. 2022-23 u/s.139(4) is 31-3-2023 or
31-12-2022, whichever is earlier i.e. 31-12-2022. Since the ROI has been filed on
18-1-2023, it is an invalid belated return.
The assessment performed by the Income tax department in this case is Best
Judgment Assessment since the ROI was filed by the assessee after completion of
the assessment. In other words, at the time of performing assessment, there was no
ROI filed by the assessee.
5. If the loss of ` 10,000 is from the activity of owning and maintaining race horses,
then the assessee will be allowed to carry forward such loss (as per Section 74A)
since the ROI was filed before the applicable due date.
However, if this loss is any “Other Loss” i.e. not from the activity of owning and
maintaining race horses, there is no section in the Income tax Act, 1961 which allows
or authorizes the carry forward of such loss. Thus the assessee will not be allowed
to carry forward such loss, irrespective of the date of filing ROI.
566
Answer 3
Since Mr. Vineet has income only under the heads “Salaries”, “Income from house property”
and “Income from other sources”, he does not fall under the category of a person whose
accounts are required to be audited under the Income-tax Act, 1961 or any other law in
force.
Therefore, the due date of filing return for A.Y.2022-23 under section 139(1), in his case,
is 31st July, 2022. Since Mr. Vineet had submitted his return only on 12.9.2022, the said
return is a belated return under section 139(4).
As per section 139(5), a return furnished under section 139(1) or a belated return u/s
139(4) can be revised. Thus, a belated return under section 139(4) can also be revised.
Therefore, Mr. Vineet can revise the return of income filed by him under section 139(4), on
21.1.23 to claim deduction under section 80TTA, since the time limit has not elapsed and
it is done before 31.3.23 (end of A.Y. 22-23) & assessment has yet not completed.
567
ADVANCED TAX &

INTEREST
ADVANCE TAX
Sec. 207 - Liability of Payment of advance tax

(1) Under the provisions of advance tax, tax is payable in advance during the previous
year itself in which the current income is earned, although it will be assessed and
chargeable to tax in the assessment year.
(2) Advance tax is not payable by a resident individual of age 60 years or more in the
relevant P.Y. who does not have any income under the head "Profits and Gains of
Business or Profession."
Sec. 208 - Advance tax is payable in a previous year / financial year as per the provisions
if the amount of advance tax is ` 10,000/- or more.
Sec. 209 - Calculation of advance tax by assessee

Step 1 : Estimate the entire current income inclusive of long - term short - term
capital gains, casual winnings and consider agriculture income as well for
rate of tax purposes.
Step 2 : Compute the basic tax on above
Step 3 : Add surcharge if applicable and education cess
Step 4 : Give relief u/s. 89 if applicable
Step 5 : Deduct the TDS / TCS actually deducted/collected.
Step 6 : The balance amount if it is ` 10,000 or more is the advance tax payable as
per section 211.
In other words, if tax was deductible but not deducted by the payer, the receiver shall
have to pay advance tax towards such income.

Sec. 210(1) - Every person who is liable to pay advance tax, shall do so whether or not he
was subjected to regular assessment earlier.
568
Sec. 210(2) - He may adjust the remaining advance tax instalments by way of increase or
reduction in them, should the need arise.
Sec. 211 : Instalment of advance tax and due dates

Individual % On or Before For ALL assesses cumulative %
15% June 15 of the previous year. Not less than15% of advance tax payable
30% September 15 of previous year. Not less than 45% of advance tax payable
30% December 15 of previous year. Not less than75% of advance tax payable.
25% March 15 of the previous year. Not less than 100% of advance tax
payable.
100 %
For an eligible assessee covered by Section 44AD, 44ADA [Presumptive Taxation], the above
installments shall not apply and the assessee can pay the whole amount of advance tax
on or before 15th March of the previous year.
Any amount paid after 15th of March but before of 31st March of the relevant previous year
shall be considered as advance tax payment only, but shall be liable to interest.
If on the last day for payment of any instalment of advance tax the bank is closed, the
assessee should make the payment on the immediately following working day and the
interest leviable u/s. 234B & 234C will not be charged.
569
INTEREST
Sec. 234A - Interest when return is furnished after the due date.
* Rate of Interest : 1% per month and part of a month is considered
one full month.
* Period of Interest : Commencing from the date immediately following
the due date of filing the return till :
 the date of actually filing the return
 date of completion of assessment u/s. 144
(best judgement assessment), if no return is
filed.
* Amount on which interest Assessed tax (-) Advance tax (-) TDS / TCS (-) relief
shall be calculated : u/s 89 but not tax paid u/s. 140A, i.e. after 31st
of March For calculating interest element paid u/s.
234A in the total tax + interest payment u/s. 140A,
returned tax shall be considered.
Rule 119A: Any fraction beyond the nearest multiple of ` 100/- will be ignored in the calculation
of interest payable or receivable by the assessee.
Sec. 234B - Interest on default of payment of advance - tax payable.

• Either no advance tax is paid or paid less than 90% of assessed tax.
• If no advance tax is paid then interest is payable on assessed tax @ 1% per month
for every month or part of a month which is considered as a full month, starting
from the 1st day of April of the assessment year till the date of determination
of income under summary assessment - u/s. 143(1) or regular assessment - u/s.
143(3).
• If advance tax is paid then as above except that assessed tax will be reduced by the
advance tax so paid.
• Rule 119A to be considered.
Assessed tax (-) TDS / TCS (-) relief u/s 89
Sec. 234C - Interest on deferment of advance tax

• When assessee does not pay advance tax or underestimates instalments of advance
tax.
570
For all assessees except assessee covered by Sec 44AD:
2.
3.
4.

 For an asseessee covered by section 44AD, interest will be calculated only for
the instalment of March as follows:
 Rule 119A to be considered.

 Interest provisions are not attracted if the shortfall in the payment of advance
tax is due to underestimation or non - estimation of capital gains or casual
winnings & Dividend income (except dividend taxable u/s 2(22)(e) on which
interest u/s 234C will be applicable), and the assessee has paid the entire tax
payable in respect of such income, as part of remaining instalments of advance
tax which are due or if no instalment is due, then such tax is paid before the
end of the financial year.
 Interest provisions shall also not be attracted if income arises under the head
"Business or Profession" for the FIRST TIME.
 If the advance tax paid by the assessee on or before 15th June is atleast 12%
of the returned tax or if the advance tax paid on or before 15th September is
atleast 36% of returned tax, then no interest shall be charged on the shortfall
on those dates.
571
CLASSWORK PROBLEMS
Question 1
Mr. S during the financial year 2021-22 aged 48 years pays the following instalments of
advance tax:
15.6.2021 8,000
15.9.2021 5,000
15.12.2021 14,000
16.3.2022 12,300
The regular assessment for the A.Y. 2022-23 is completed on 10.3.2023 and income
determined by the Assessing Officer without any addition is ` 8,00,000. He is also entitled
to tax credit of ` 9,400 on account of TDS.
Find out the amount of interest payable under section 234B & 234C.
Question 2
Compute the advance tax payable by Ms. Shraddha from the following estimated
income submitted for the financial year 2021-2022.
Income from Salary (computed) before T.D.S. 5,80,000
Rent from house property (per annum) 3,60,000
Interest on government securities 25,000
Interest on saving bank deposit 3,000
Receipt from Lottery (net) (TDS @ 30%) 14,000
Agriculture Income 90,000
Contribution to PPF 60,000
Tax Deducted at source by the employer on salary 37,080
572
TAX DEDUCTION & COLLECTION

AT SOURCE
Introduction
 Deduction & Collection of Tax at Source and Advance Payment of Tax - [Section 190]:
(a) The total income of an assessee for any previous year is taxable in the relevant
assessment year. For example, the total income for the P.Y. 2021-22 is taxable
in the A.Y. 2022-23. However, the amount of income tax is recovered from the
assessee in the P.Y. 2021-22 itself by way of:
- tax deduction at source (TDS);
- tax collection at source (TCS); and
- advance tax
(b) Another mode of recovery of tax is from assessee’s employer through tax paid
by him u/s 192(1A) on the non-monetary perquisites provided to the assessee.
Note:
Refer the provisions of section 10(10CC) & 40(a)(v) under the head ‘Salaries’
& ‘PGBP’.
(c) Above taxes are deducted (adjusted) from the gross tax liability computed by the
assessee on the total income at the time of filing of return of income during the
assessment year.
On adjustment of such taxes and allowing relief under section 89 out of the gross
tax liability, if the balance amount is positive (+ve), then, the assessee would be
liable to pay the balance tax as self-assessment tax u/s 140A.
On the other hand, on adjustment of such taxes and allowing relief under section
89 out of the gross tax liability, if the balance amount is negative (-ve), then, the
assessee would be eligible to get the refund of excess taxes paid during the previous
year.
 Direct Payment of Taxes - [Section 191]:

(a) Section 191 provides that in the following cases, tax is payable by the assessee
573
directly:
(i) in the case of an income in respect of which tax is not required to be deducted
at source; and
(ii) in the case of an income in respect of which tax is liable to be deducted but is
not actually deducted by the payer.
(b) In view of the provisions of section 191, the proceedings for recovery of tax necessarily
had to be taken against the assessee whose tax was liable to be deducted, but
not deducted. In order to overcome this difficulty, the explanation to section 191
provides that if any person, including the principal officer of the company:
(i) who is required to deduct tax at source; or
(ii) an employer paying tax on non-monetary perquisites u/s 192(1A);
does not deduct the whole or part of the tax, or after deducting fails to pay such
tax deducted, then, such person shall be deemed to be an assessee-in-default.
However, if the assessee himself has paid the tax, this provision shall not apply.
Note:
Regular assessment of income is to be made during the assessment year, but the
tax on such income is payable by the assessee in the previous year itself in the
form of TDS/TCS & advance tax. This is to avoid the cases of tax evasion.
Under the scheme of TDS, the persons responsible for making payment of certain
specified incomes are responsible to deduct tax at source and deposit the same
to the government’s treasury within the stipulated time.
The recipient of income though gets only the net amount (after deduction of tax
at source) is liable to be taxed on the gross amount and the amount deducted at
source is adjusted against his final tax liability.
The details of the scheme of tax deduction & collection at source are discussed
under this chapter.
Further, in respect of the income which is not liable for tax deduction or was
liable for tax deduction but not tax was deducted thereon, the assessee himself
would be liable to be taxed in his assessment.
Provisions of Tax Deduction at Source [TDS]

TDS from Salary - [Section 192]
Payer Any employer.

Payee Any employee (resident or non-resident).
574
Payment Taxable salary of the employee (including perquisites).

Covered
Time of Tax At the time of payment.
Deduction
Rate of TDS Tax is to be deducted @ normal rates applicable to the estimated total
income of the employee for the A.Y. 2022-23.
Note:
If the employee does not have PAN, then, tax is deductible @ normal rates
or 20% (whichever is higher).
No TDS u/s 192 TDS u/s 192 is not deductible if the estimated salary income (including
the value of perquisites) of the employee does not exceed the basic
exemption limit applicable to him.
All the incomes Based on the duly verified declaration statement furnished by the
of the employee employee, the employer shall also consider the income from all the
to be considered sources under all the heads.
However, the employer shall not consider loss from any source (other
than the loss from house property) declared by the employee in such
declaration statement.
Evidence The employer shall, for the purposes of estimating income of the
or Proof of assessee or computing tax deductible u/s 192(1), obtain from the
Prescribed employee, the evidence or proof or particulars of prescribed claims (including
Claims claim for set-off of loss) under the provisions of the Income Tax Act, 1961
in such form and manner as may be prescribed.
For the following prescribed claims, following evidences or proofs or
particulars are required to be obtained:
(a) HRA - Name, Rent paid, Address & PAN of the landlord.
(b) LTC/LTA - Evidence of expenditure on journey.
(c) Deduction of interest under the head ‘House Property’ - Name,
Address & PAN of the lender, interest paid/payable.
(d) Deductions under chapter VI-A - Evidence of expenditure or
payments or investments.
Income from Income from previous employer may also be considered to determine
Previous the amount of TDS to be deducted out of the salary of the employee.
Employer
575
Tax on the U/s 192(1A), the employer may deposit from his own pocket tax on the
Non-Monetary non-monetary perquisites of the employees.
Perquisites Such tax will be determined on the basis of average rate of income tax
computed on the basis of rates in force for the financial year on the
income chargeable under the head ‘Salaries’ including non-monetary
perquisites.
Such tax is exempt income in hands of employee u/s 10(10CC) and is
disallowable expenditure to employer as per section 40(a)(v).
Other Points (a) The employer may increase or decrease the TDS for adjusting any
excess or deficiency arising out of any previous deduction or failure
to deduct during the financial year.
(b) As per the provisions of section 197, the employee can make an
application in Form No. 13 to the A.O. and get a certificate of
lower tax deduction or no tax deduction.
TDS on Premature Withdrawal from Employees’ Provident Fund - [Section 192A]
Payer Trustees of Employees Provident Fund Scheme, 1952 framed under the
Employees’ Provident Fund & Miscellaneous Provisions Act, 1952; or
any person authorised under the scheme to make payment of accumulated
balance due to the employees.
Payee Any person (resident or non-resident).
Payment Taxable premature withdrawal from RPF A/c.
Covered Note:
(a) Under the EPF & MP Act, 1952, certain specified employers are
required to comply with the Employees Provident Fund Scheme,
1952. However, these employers are also permitted to establish
and manage their own private provident fund scheme subject to
fulfillment of certain conditions.
(b) The provident funds established under a scheme framed under
EPF & MP Act, 1952 or provident fund exempted u/s 17 of the said
Act and recognised under the Income Tax Act, 1961 are termed as
Recognised Provident Fund (RPF) under the Income Tax Act, 1961.
(c) Part A of the Fourth Schedule to the Income Tax Act, 1961 contains the
provisions relating to RPFs.
576
- Under the existing provisions of Rule 8 of Part A of the Fourth

Schedule, the withdrawal of accumulated balance by an employee
from the RPF is exempt from taxation.
- For the purpose of discouraging the premature withdrawals
and promoting long-term savings, if the employee makes
withdrawal before continuous service of five years (other
than the cases of termination due to ill health, contraction
or discontinuance of business, cessation of employment etc.)
and does not opt for transfer of accumulated balance to new
employer, the withdrawal would be subject to tax.
- Rule 9 of Part A of the Fourth Schedule provides the manner of
computing the tax liability of the employee in respect of such
premature withdrawal.
- In order to ensure collection of tax in respect of such premature
withdrawals, Rule 10 of Part A of the Fourth Schedule casts
responsibility on the trustees of the RPF to deduct tax as
computed in Rule 9 from such premature withdrawal at the
time of payment.
Time of Tax At the time of payment.
Deduction
Rate of TDS Tax is to be deducted @ 10%.
Note:
If the PAN of the recipient is not available, tax is deductible @ maximum
marginal rate.
Maximum TDS shall not be deducted where the taxable premature withdrawal is
Amount which less than Rs. 50,000.
can be paid
without TDS
Other Points Tax shall not be deducted at source if declaration is given u/s 197A.
However, it is not possible to get lower or no TDS certificate u/s 197.
TDS on Interest on Securities - [Section 193]
Payer Any person.

Payee Any person (resident).
577
Payment Interest on securities.

Covered
Time of At the time of credit or payment (whichever is earlier).
Deduction
No TDS u/s 193 TDS shall not be deducted in case of interest paid or payable:
(a) on 4¼% National Defence Bonds 1972, where the bonds are held
by an individual (not being a non-resident).
(b) on 4¼% National Defence Loan, 1968 or 4¾% National Defence
Loan, 1972, where the interest is payable to an individual.
(c) on National Development Bonds.
(d) on 7 years National Savings Certificates (IV Issue).
(e) on debentures issued by any institution or authority or any
public sector company or any co-operative society (including
a co-operative land mortgage bank or a co-operative land
development bank), as notified by the Central Government.
(f) on 6½% Gold Bonds, 1977 or 7% Gold Bonds, 1980, where the
bonds are held by an individual (other than a non-resident),
provided that the holders of the bonds make a written declaration
that the total nominal value of the bonds held by him or on his
behalf did not in either case exceed Rs. 10,000 at any time during
the period to which the interest relates.
(g) on any security of the Central Government or a State Government.
Note:
However, tax has to be deducted at source in respect of interest
payable on 8% Savings (Taxable) Bonds, 2003 or 7.75% Savings
(Taxable) Bonds, 2018, only if such interest payable exceeds Rs.
10,000 during the financial year.
(h) on any debentures (whether listed or not) issued by the company
in which the public are substantially interested to a resident
individual or HUF. However, the interest should be paid by the
company by an account payee cheque; the amount of such
interest or the aggregate thereof paid or likely to be paid during
the financial year by the company to such resident individual or
HUF should not exceed Rs. 5,000.
578
(i) on securities to LIC, GIC, subsidiaries of GIC or any other insurer,

provided that, the securities are owned by them or they have full
beneficial interest in such securities.
(j) on any security issued by a company, where such security is in
dematerialised form and is listed on a recognised stock exchange
in India.
TDS on dividend - [Section 194]
Payer Domestic company

Payee Resident shareholder
Payment Dividend (Incl. sec. 2(22) (Incl. Pref. shares div.)
Covered
Time of Payment distribution w.e. earlier
Deduction
Rate of TDS 10%
Maximum 5,000 (In F.Y.)(If paid in cash – no limit)
amount for
which no TDS
Other point No TDS is paid to LIC, GIC, other insurer, business trust or any other
person notified in the Official Gazette in this behalf.
TDS on Interest other than Interest on Securities - [Section 194A]
Payer Any person (other than individuals or HUFs whose turnover or total
sales or gross receipts from the business or profession carried on by
him/it does not exceed Rs. 1 crore and Rs. 50 lakhs, respectively, u/s
44AB during the immediately preceding financial year).
Payee Any person (resident).
Payment Interest other than interest on securities.
Covered
Time of At the time of credit or payment (whichever is earlier).
Deduction
579
No TDS u/s No deduction of tax u/s 194A shall be made in the following cases:
194A (a) Where the aggregate of the amounts of interest credited or paid or
likely to be credited or paid during the financial year to the payee,
does not exceed Rs. 5,000.
Note:
(1) This limit is Rs. 40,000 in respect of interest on:
(i) time deposits with a banking company;
(ii) time deposits with a co-operative society engaged in
banking business; and
(iii) deposits with post office under notified schemes.
(2)
In respect of point no. (1) above, the limit is enhanced to Rs.
50,000, in case of a payee, being a resident senior citizen - (w.e.f.
01.04.2019).
(3)
In the case of interest credited or paid in respect of:
(i) time deposits with a banking company;
(ii) time deposits with a co-operative society carrying on
the business of banking; and
(iii) deposits with housing finance companies, provided:
- they are public companies formed & registered in
India; and
- their main object is to carry on the business of
providing long-term finance for construction or
purchase of residential houses in India;
the threshold limit for deduction of tax at source (i.e. Rs.
5,000 or Rs. 40,000 or Rs. 50,000, as the case may be) shall
be computed with reference to the interest credited or paid
by a branch of such banking company or co-operative society or
the public company.
However, the above threshold limit shall be reckoned with
reference to the total interest credited or paid by the banking
company or the co-operative society or the public company, as
the case may be, (and not with reference to each branch), where
such banking company or co-operative society or public company
has adopted core banking solutions (CBS).
580
Note:
- The term ‘time deposit’ means fixed deposits & also
recurring deposits repayable after fixed period,
therefore interest on fixed deposits & recurring deposits
repayable on maturity shall attract TDS provisions
subject to above prescribed limits.
- Interest on savings deposits with banks or a co-operative
bank do not attract any TDS.
(b) Where the interest is credited or paid by a co-operative society
(other than a co-operative bank) to its member(s) or any other
co-operative society. But if the above co-operative society’s
total sales receipts/ turnover exceeds 50cr. during immediately
preceding P.Y., then it is liable to deduct T.D.S.
Note:
Therefore, interest credited or paid by a co-operative bank to
its member or a non-member or any other co-operative society
shall attract TDS provisions.
(c) Where the interest is credited or paid in respect of deposits with a
primary agricultural credit society or a primary credit society or co-
operative land mortgage bank or a co-operative land development
bank.
(d) Where the interest is credited or paid by a firm to its partner.
(e) Where the interest is credited or paid in respect of deposits under
any scheme framed by the Central Government and notified by it in
this behalf.
(f) Where interest is credited or paid by the Central Government under
different provisions of direct taxes.
Note:
However, tax shall be deducted u/s 195 where such interest is
paid to a non-resident.
(g) Where the interest is credited or paid ‘to’:
- any banking company or any co-operative bank (including a co-
operative land mortgage bank); or
- financial corporations established under any Central, State
or Provincial Act (i.e. any public financial institution); or
581
- Life Insurance Corporation of India (LIC) or any insurance

company or any co-operative society carrying on insurance
business; or
- Unit Trust of India (UTI); or
- any notified institution.
Infrastructure capital company or infrastructure capital fund or
infrastructure debt fund.
Note:
Notified Institutions:
India Infrastructure Finance Limited, Rural Electrification
Corporation Limited & National Skill Development Fund & Housing
and Urban Development Corporation Ltd. (HUDCO) have been
notified in this regard.
(h) Where the income is ‘credited’ by way of interest on the
compensation awarded by the Motor Accidents Claims Tribunal.
(i) Where the income is ‘paid’ by way of interest on the compensation
awarded by the Motor Accidents Claims Tribunal and the amount
of such income or, as the case may be, the aggregate of the
amounts of such income paid during the financial year does not
exceed Rs. 50,000.
(j) Where the income is paid or payable by an infrastructure capital
company or infrastructure capital fund or a public sector company
or scheduled bank in relation to a zero-coupon bond issued on or
after 01-06-2005.
Circular No. No constructive credit to the depositor’s account takes place while
3/2010, calculating interest on time deposits on daily or monthly basis in the
Dated 2nd CBS software, tax need not be deducted at source on such provisioning
March, 2010 of interest by banks for the purposes of macro monitoring only.
In such cases, tax shall be deducted at source on accrual of interest at the
end of financial year or at periodic intervals as per practice of the bank.
Other Points (i) The payer may, at the time of making any deduction, increase or
reduce the amount to be deducted for the purpose of adjusting
any excess or deficiency arising out of previous deduction or failure
to deduct during the F.Y.
(ii) The Central Government may, by notification provide the deduction
to be made or not or at a lower rate.
582
TDS on Winnings from Lottery, Crossword Puzzles, Card Games etc. - [Section 194B]
Payer Any Person.

Payee Any Person.
Payment Winnings from Lottery/Crossword Puzzles/Card Games/Other Games.
Covered
Time of At the time of Payment.
Deduction
Maximum If the amount of winnings is ≤ Rs. 10,000.
Amount which
can be paid
without TDS
Other Points In a case where:
(i) the winnings are wholly in kind; or
(ii) partly in cash & partly in kind but the part in cash is not sufficient
to meet the liability of deduction of tax in respect of whole of the
winnings,
then, the person responsible for paying shall, before releasing the
amount of winnings, ensure that tax has been paid in respect of the
winnings.
Example:
Mr. A wins a Honda City car on 10th October, 2021 (Value Rs. 10,00,000)
in a lucky draw organised by Honda Company. Tax liability on the
winnings in kind comes to Rs. 3,00,000 (i.e. 30% of Rs. 10,00,000) which
may be recovered by Honda Company from Mr. A and the same can be
deposited with the Government on account of tax deduction.
TDS on Winnings from Horse Races - [Section 194BB]
Payer Any Person.

Payee Any Person.
Payment Winnings from Horse Races.
Covered
Deduction
Maximum If the amount of winnings is ≤ Rs. 10,000.
Amount which
can be paid
without TDS
583
TDS on Payments made to Contractors or Sub-Contractors - [Section 194C]
Payer Any of the following persons:

(a) the Central Government or any State Government(s);
(b) any local authority;
(c) any corporation established under any Central, State or Provincial Act;
(d) any company;
(e) any co-operative society;
(f) any authority constituted in India by or under any law, engaged
either for the purpose of dealing with and satisfying the need
for housing accommodation of for the purpose of planning,
development or improvement of cities, towns and villages or for
both;
(g) any society registered under the Societies Registration Act;
(h) any trust;
(i) any university or an institution declared to be a university;
(j) any Government of a foreign State or a foreign enterprise or any
association or body established outside India;
(k) any firm;
(l) any individual or HUF or AOP or BOI (whose books of accounts are
required to be audited u/s 44AB in the immediately preceding F.Y.)
Payee Any Resident Contractor or Sub-Contractor.
Payment Consideration or Payment for any ‘Work Contract’.
Covered
Time of At the time of Credit or Payment (whichever is earlier).
Deduction
Maximum - Single Payment is ≤ Rs. 30,000
Amount which - Aggregate of Payments during the F.Y. to a Single Person is ≤ Rs.
can be paid 1,00,000
without TDS
Rate of TDS Tax to be deducted @:
- 1% : if the contractor or sub-contractor is an Individual or a HUF
- 2% : if the contractor or sub-contractor is a person other than
Individual or HUF
584
Meaning of Section 194C is applicable in respect of consideration for carrying out

‘Work Contract’ any works contract (including supply of labour for carrying out any
work).
For this purpose, contract shall also include sub-contract. Further, as
per section 194C, the expression ‘work’ shall include:
(a) advertising;
(b) broadcasting and telecasting including production of programmes
for such broadcasting or telecasting;
(c) carriage of goods or passengers by any mode of transport other
than by railways;
(d) catering;
(e) manufacturing or supplying a product according to the requirement
or specification of a customer by using material purchased from
such customer or its associate, being a person placed similarly in
relation to such customer as per Sec. 40A(2).
However, the expression ‘work’ shall not include, manufacturing or
supplying a product according to the requirement or specification
of a customer by using raw material purchased from a person,
other than such customer or associate of such customer, as such
contract is a contract for sale.
Note:
Where there is manufacturing or supplying a product according to
the requirement or specification of a customer by using material
purchased from such customer, tax shall be deducted on the invoice
value excluding the value of material purchased from such customer if such
value is mentioned separately in the invoice.
Where the material component has not been separately mentioned in the
invoice, tax shall be deducted on the whole of the invoice value.
No TDS u/s No tax deduction shall be made from any sum credited or paid or likely
194C in case to be credited or paid during the F.Y. to the account of a contractor
of Transport during the course of business of plying, hiring or leasing goods carriages,
Operators where such contractor owns ≤ 10 goods carriages at any time during the F.Y.
and furnishes a declaration to that effect along with his PAN, to the person
paying or crediting such sum.
585
Note:
This exemption from TDS provisions is applicable only in respect of
transport charges received for plying, hiring or leasing of goods
carriage(s) owned by the transporter.
Therefore, if a person receives payment in respect of plying, hiring or
leasing of goods carriage(s) which are not owned by him, he shall not
be entitled to claim exemption from TDS in respect of these payments.
No TDS u/s No TDS is required to be deducted by an individual or a HUF under a
194C in case contract for personal purpose, even if he is subject to tax audit during
of Contract the immediately preceding F.Y.
for Personal
Purpose
Other Points (a) Contracts for rendering professional services by lawyers, physicians,
surgeons, engineers, accountants, architects, consultants etc.,
cannot be regarded as contracts for carrying out any ‘work’ and,
accordingly, no deduction of income-tax is to be made from
payments relating to such contracts under this section. Separate
provisions for fees for professional services have been made u/s
194J.
(b) As per the provisions of section 197, the contractor or sub-
contractor can make an application in Form 13 to the A.O. to get
a certificate of lower tax deduction or no tax deduction.
TDS on Insurance Commission - [Section 194D]
Payer Any Person.

Payee Any Person (Resident).
Payment Insurance Commission.
Covered
Deduction
Maximum If the aggregate amount of Insurance Commission for the financial
Amount which year is ≤ Rs. 15,000.
can be paid
without TDS
586
Rate of TDS Tax shall be deducted @ 5% both in the case of resident non-corporate
assessees and domestic companies.
Other Points As per the provisions of section 197, the recipient can make an
application in Form 13 to the A.O. to get a certificate of lower tax
deduction or no tax deduction.
TDS on payment in respect of Life Insurance Policy - [Section 194DA]
Payer Any Person.

Payment Any payment pertaining to Life Insurance Policy including Bonus (if any)
Covered (whether at the time of maturity or otherwise).
Deduction
Maximum If the aggregate amount of such payment during the F.Y. is < Rs. 1,00,000.
Amount which
can be paid
without TDS
Rate of TDS (Finance Act’ 2019 Amendment):
For ensuring a proper mechanism for reporting of transactions and
collection of tax in respect of sum paid under life insurance policies
which are not exempt u/s 10(10D), section 194DA provides for deduction
of tax @ 1% on any sum paid to a resident under a life insurance
policy, including the sum allocated by way of bonus, which are not
exempt under section 10(10D).
However, w.e.f. 01.09.2019, tax is to be deducted at source @ 5% on the
amount of income comprised therein i.e. after deducting the amount
of insurance premium paid by the resident assessee from the total sum
received.
No TDS u/s Where the payment received is exempt u/s 10(10D) in the hands of the
194DA recipient.
Other Points If the recipient submits Form No. 15G/15H u/s 197A, then, tax is not
deductible.
587
Payments to Non-Resident Sportsmen or Sports Association - [Section 194E]
Payer Any Person.

Payee Non-Resident Foreign Citizen Sportsman or Sports Association or Entertainer.
Payment Any payment made to such Non-Resident Foreign Citizen Sportsman or
Covered Sports Association or Entertainer.
Deduction
Maximum Nil.
Amount which
can be paid
without TDS
Rate of TDS Tax is to be deducted @ 20% plus Surcharge (if applicable) plus H&EC.
Payments in respect of deposits under National Savings Scheme - [Section 194EE]
Payer Any Person.

Payee Any Person.
Payment Payment (Principle + Interest) out of NSS.
Covered
Deduction
Maximum If the amount of such payment is ≤ Rs. 2,500.
Amount which
can be paid
without TDS
No TDS u/s When such payment is made to the legal heirs or the nominees of the
194EE deceased depositor
Commission on sale of lottery tickets - [Section 194G]
Payer Any Person.

Payee Any Person.
Payment Commission etc. on the sale of lottery tickets.
Covered
Deduction
588
Maximum If the amount of commission is ≤ Rs. 15,000.

Amount which
can be paid
without TDS
Commission or Brokerage - [Section 194H]
Payer Any Person (not being an Individual or a HUF whose books of accounts
are not required to be audited u/s 44AB in the immediately preceding
F.Y.) i.e. inclusive of Individual or a HUF whose total sales, gross receipts
or turnover from the business or profession carried by him exceed one
crore rupees in case of business or fifty lakh rupees in case of profession
during the financial year immediately preceding the financial year in
which such commission or brokerage is credited or paid, shall be liable
to deduct Income –tax under this section.
Payment Commission or Brokerage (not being Insurance Commission).
Covered
Deduction
Maximum If the amount of commission or brokerage is ≤ Rs. 15,000.
Amount which
can be paid
without TDS
Meaning of The term ‘Commission or Brokerage’ includes any payment received
‘Commission or or receivable, directly or indirectly, by a person acting on behalf of
Brokerage’ another person for services rendered, or for any services in the course
of buying or selling of goods, or in relation to any transaction relating
to any asset, valuable article or thing, other than securities.
No TDS u/s (a) Section 194H is not applicable to professional services. ‘Professional
194H Services’ means services rendered by a person in the course of
carrying on legal, medical, engineering or architectural profession
or the profession of accountancy or technical consultancy or interior
decoration or such other profession as notified by the CBDT for the
purpose of compulsory maintenance of books of account u/s 44AA.
589
(b) Further, there would be no requirement to deduct tax at source

on commission or brokerage payments by BSNL or MTNL to their
public call office (PCO) franchisees.
(c) Commission to employees and employee directors shall form part
of salary income and is liable to TDS u/s 192 of the Income Tax
Act, 1961 and not u/s 194H.
(d) No TDS on brokerage & commission on securities.
Circular No. Payments or discounts by television channels and publishing houses
05/2016, dated to advertising agencies or companies for booking or procuring of or
29-02-2016 canvassing for advertisements is not in the nature of commission and
hence not liable for TDS u/s 194H.
TDS on Rent - [Section 194-I]
F.Y.). i.e. inclusive of Individual or a HUF whose total sales, gross
receipts or turnover from the business or profession carried by him
exceed one crore rupees in case of business or fifty lakh rupees in case
of profession during the financial year immediately preceding the
financial year in which such income by way of rent is credited or paid
immediately preceding the financial year in which such commission or
brokerage is credited or paid, shall be liable to deduct income –tax
under this section.
Payment Rent of Land, Building, Plant, Machinery or Furniture.
Covered
Deduction
Maximum (Finance Act’ 2019 Amendment):
Amount which If the aggregate amount of rent during the F.Y. is ≤ Rs. 2,40,000.
can be paid
without TDS
590
Rate of TDS Tax is to be deducted @:

- 2% : on Rent of Plant or Machinery
- 10% : on Rent of Land, Building or Furniture
Meaning of Any payment, by whatever name called, under any lease, sublease, tenancy
‘Rent’ or any other agreement or arrangement for the use of (either separately
or together) any land or building (including factory building) or land
appurtenant to such building or machinery or plant or equipment or
furniture or fittings whether or not any or all of the above assets are owned
by the payee.
Circular No. Wherever in terms of the agreement or contract between the payer and
23/2017 dated the payee, the component of 'GST on services' comprised in the amount
19-07-2017 payable to a resident is indicated separately, tax shall be deducted
at source on the amount paid or payable without including such 'GST on
services' component.
GST shall include IGST, CGST, SGST and UTGST.
Other Points (a) TDS should also be deducted on advance rent, warehousing
charges & non-refundable deposits.
(b) Where the share of each co-owner in the property is definite and
ascertainable, limit of Rs. 2,40,000 shall apply to each co-owner
separately.
(c) As per the provisions of section 197, the recipient can make an
Further, the recipient can also give the declaration in Form 15G/15H
u/s 197A for non-deduction of TDS on rent to be received by him.
Payment on transfer of Immovable Property other than Agricultural Land [Section 194-
IA]
Payer Transferee (Purchaser) of Immovable Property (other than person

referred to in Section 194LA).
Payee Transferor (Seller) - (Resident).
Payment Consideration for transfer of any immovable property (other than
Covered agricultural land).
Deduction
591
Maximum If the amount of consideration is < Rs. 50,00,000.

Amount which
can be paid
without TDS
Note:
In case the seller does not have PAN, then instead of 1%, TDS shall be
deductible @ 20% - (Section 206AA).
Other Points (i) TDS is required to be deducted irrespective of the fact that
immovable property is held as capital asset or stock-in trade by
the buyer and seller.
(ii) If the immovable property is purchased from a non-resident
person for any value, no TDS is required to be deducted under this
section. However, TDS shall be deducted u/s 195.
(iii) It is not necessary that the immovable property should be situated
in India. If any person is purchasing property outside India from a
person resident in India, he is liable to deduct tax u/s 194-IA.
(iv) Every person who is purchasing property of Rs. 50 lakhs or more
would have to deduct tax u/s 194-IA @ 1% of the payments made
to the seller.
(v) In the case of property whose sale price is Rs. 50 lakhs or more
and in the event part payment is being made for the purchase,
then such TDS would be required to be deducted on every part
payment of consideration and not at the time of final tranche of
payment.
(vi) If sellers jointly own a property and sells for a total consideration
of Rs. 50 lakh or more, then section 194-IA is attracted even if
each co-owner’s consideration is less than Rs. 50 lakhs.
(vii) In case section 194-IA is attracted then the purchaser is not
required to obtain Tax Deduction Account Number (TAN) as the
provisions of section 203A is not applicable in case of such
assessees.
Sum deducted u/s 194-IA shall be paid to the credit of the Central
Government by electronic remittance within a period of 30 days
from the end of the month in which the deduction is made and
shall be accompanied by a challan-cum-statement in Form
No.26QB - [Rule 30].
592
Every person responsible for deduction of tax u/s 194-IA shall also
furnish a challan-cum-statement in Form No. 26QB electronically
within 30 days from the end of the month in which the deduction
is made - [Rule 31A].
Every person responsible for deduction of tax under section 194-
IA shall furnish the TDS certificate in Form No. 16B to the payee
within 15 days from the due date for furnishing the challan-cum-
statement in Form No.26QB, after generating and downloading
the same from the web portal - [Rule 31].
(viii) In case immovable property (other than agricultural land) is
compulsorily acquired under any law, the provisions of section
194LA shall apply and provisions of section 194-IA shall not be
applicable in such cases.
Payment of Rent by certain Individuals or HUFs - [Section 194-IB]
Payer Any Individual or HUF (other than those covered u/s 44AB). Payee
Payment Any payment, by whatever name called, under any lease, sublease,
Covered tenancy or any other agreement or arrangement for the use of any
Land or Building or Both i.e. Rent for use of any Land or Building or Land
& Building.
Time of At the time of:
Deduction (a) credit of rent for the last month of the previous year; or
(b) credit of rent for the last month of tenancy (if property is vacated
during the previous year); or
(c) payment of such rent
(whichever is earlier)
Note:
The payer shall be liable to deduct tax only once in the previous year.
Maximum If the rent paid per month or part of the month is ≤ Rs. 50,000
Amount which
can be paid
without TDS
593
Rate of TDS Tax is to be deducted @ 5% of the rent paid or credited during the F.Y.
Note:
If PAN of the recipient is not available, then instead of 5%, TDS shall be
deductible @ 20% - (Section 206AA or section 206AB).
However, in such case, the amount of TDS cannot exceed the rent
payable for the last month of the previous year or last month of
vacancy (as the case may be).
Other Points In case section 194-IB is attracted then the payer shall not be required
to obtain Tax Deduction Account Number (TAN) as the provisions of
section 203A is not applicable in case of such assessees.
Payment under Specified Agreement - [Section 194-IC]
Payer Any person.

Payment Any sum by way of consideration (not being consideration in kind),
Covered under a specified agreement u/s 45(5A) i.e. Monetary Consideration in
the case of Joint Development Agreements.
Deduction
Maximum Nil.
Amount which
can be paid
without TDS
Note:
If PAN of the recipient is not available, then instead of 10%, TDS shall
be deductible @ 20% - (Section 206AA).
594
TDS on Fees for Professional/Technical Services or Royalty etc. - [Section 194J]
F.Y. i.e. inclusive of Individual or a HUF whose total sales, gross receipts
or turnover from the business or profession carried by him exceed one
crore rupees in case of business or fifty lakh rupees in case of profession
during the financial year immediately preceding the financial year in
which such fees for professional services or technical services is credited
or paid, shall be liable to deduct income tax under this section.
Payment Payment of any sum by way of:
Covered (a) fees for professional services; or
(b) fees for technical services; or
(c) any remuneration or fees or commission, by whatever name called,
other than those on which tax is deductible u/s 192, to a director
of a company; or
(d) royalty, or
(e) non-compete fees as referred u/s 28(va).
Deduction
Maximum If the aggregate of each of the above payments during the F.Y. is ≤ Rs.
Amount which 30,000.
can be paid Note:
without TDS The above threshold limit is not applicable in case of any remuneration or
fees or commission paid/credited to a director of a company i.e. TDS shall
be deductible irrespective of the amount of such payment.
Note:
w.e.f., tax is to be deducted @ 2% if the payee is engaged in the business
of operating call centres or fees for technical services or royalty where
such royalty is in the nature of consideration for sale, distribution or
exhibition of cinematography films.
595
No TDS u/s 194J No TDS is required to be deducted by an individual or a HUF if the

in case payment payment is made for personal purpose, even if he is subject to tax
is made for audit during the immediately preceding F.Y.
Personal
Purpose
Illustrative (a) Advertising agency makes payment to models, artists,
Cases of TDS photographers etc.
u/s 194J (b) Payment made to recruitment agency.
(c) Payment of commission to external parties for procuring order for
the company’s products which involves professional / technical
services only.
(d) Payment made for maintenance contract in which technical
services are required.
(e) Commission received by an advertising agency from a media
company.
(f) Professional or technical services also cover a service of
professional cameraman.
Section 194K
Payer Any person.
Payment Any sum by way of :
Covered (a) Income from units of an approved mutual fund (whose income is
exempt u/s 10(23D)); or
(b) Income from the units of U.T.I
Time of At the time of credit or payment (whichever is earlier)
Deduction
Maximum Where the amount of such income or as the case may be, the aggregate
Amount which of the amounts of such income during the F.Y. is < 5,000.
can be paid
without TDS
Rate of TDS Tax is to be deducted @ 10%
596
Other point (i) No TDS if the income is of the nature of capital gains.
(ii) Even if the income by mutual fund/U.T.I. is credited into “Suspense
account” or by any other name by the payer, it shall be subject to
T.D.S. provisions.
Payment made by an individual or a HUF for contract work or by way of fees for professional
services or commission or brokerage - [Section 194M] – (Finance Act’ 2019 Amendment)
(1) Applicability and rate of TDS:

Section 194M, inserted w.e.f. 01.09.2019, provides for deduction of tax at source @
5% by an individual or a HUF responsible for paying any sum during the financial
year to any resident:
(i) for carrying out any work (including supply of labour for carrying out any work)
in pursuance of a contract; or
(ii) by way of commission (not being insurance commission referred to in section
194D) or brokerage; or
(iii) by way of fees for professional services.

Note:
Only individuals and HUFs (other than those who are required to deduct income-
tax as per the provisions of section 194C or 194H or 194J) are required to deduct
tax in respect of the above sums payable during the financial year to a resident.
(2) Time of tax deduction:

The tax should be deducted at the time of credit of such sum or at the time of
payment of such sum, whichever is earlier.
(3) Threshold limit:

No tax is required to be deducted where such sum or, as the case may be, aggregate
amount of such sums credited or paid to a resident during the financial year does
not exceed Rs. 50,00,000.
(4) Non-applicability of TDS under section 194M:

An individual or a HUF is not liable to deduct tax at source under section 194M if:
(i) they are required to deduct tax at source under section 194C for carrying out
597
any work (including supply of labour for carrying out any work) in pursuance
of a contract i.e. an individual or a HUF who is subject to tax audit under
section 44AB in the immediately preceding financial year and such amount is
not exclusively credited or paid for personal purposes of such individual or HUF.
(ii) they are required to deduct tax at source under section 194H on commission
(not being insurance commission referred to in section 194D) or brokerage i.e.
an individual or a HUF whose total sales, gross receipts or turnover from the
business or profession carried on by him exceed the monetary limits of Rs. 1
crore and Rs. 50 lakhs, respectively, specified under section 44AB during the
immediately preceding financial year.
(iii) they are required to deduct tax at source under section 194J on fees for
professional services i.e. an individual or a HUF whose total sales, gross
receipts or turnover from the business or profession carried on by him exceed
the monetary limits of Rs. 1 crore and Rs. 50 lakhs, respectively, specified under
section 44AB during the immediately preceding financial year and such amount
is not exclusively credited or paid for personal purposes of such individual or
HUF.
(5) No requirement to obtain TAN:

The provisions of section 203A containing the requirement of obtaining Tax deduction
account number (TAN) shall not apply to the person required to deduct tax in
accordance with the provisions of section 194M.
TDS on cash withdrawal - [Section 194N] - (Finance Act’ 2019 Amendment)

(1) Applicability and rate of TDS:
Section 194N, inserted w.e.f. 01.09.2019, provides that every person, being:
- a banking company;
- a co-operative bank; or
- a post office
who is responsible for paying, in cash, any sum or aggregate of sums exceeding Rs. 1
crore during the previous year to any person from one or more accounts maintained by
such recipient-person with it, shall deduct tax at source @ 2% of sum exceeding Rs. 1
crore.
(2) Time of deduction:

This deduction is to be made at the time of payment of such sum.
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(3) If the recipient of cash has not filed the returns of income for all of the 3 assessment
years relevant to the 3 previous years, for which the time limit of filing return of
income u/s 139(1) has expired, immediately preceding the previous year in which the
payment of the sum is made to him, then the T.D.S. will be as follows:
- Cash withdrawal > 20 lakhs but < 1 crore, 2% on excess beyond 20 lakhs.
- Cash withdrawal > 1 crore but 5% on excess beyond 1 crore.
(4) Non-applicability of TDS under section 194N:

Liability to deduct tax at source under section 194N shall not be applicable to any
payment made to:
- the Government
- any banking company or co-operative bank or a post-office
- any business correspondent of a banking company or co-operative bank, in
accordance with the RBI guidelines
- any white label ATM operator of a banking company or co-operative bank, in
accordance with the authorisation issued by the RBI
- such other person or class of persons notified by the Central Government in
consultation with the RBI.
Payment of Compensation or Enhanced Compensation on acquisition of certain Immovable

Property other than Agricultural Land - [Section 194-LA]
Payer Any Person.

Payment Any sum in the nature of compensation or the enhanced compensation
Covered or consideration or enhanced consideration, on account of compulsory
acquisition, under any law for the time being in force, of any immovable
property (other than agricultural land).
Deduction
Maximum If the amount of payment or credit during the F.Y. is ≤ Rs. 2,50,000.
Amount which
can be paid
without TDS
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Section 194-O Payment of certain sums by e-commerce operator to e-commerce

participant
 E –commerce operator – Example who sell goods – Amazon, flipkart, Snapdeal,

etc.
• Example of who sell services are Uber, Ola, Swiggy, Urban Clap, Etc.
 E-commerce participant : means any person resident in India selling goods
including digital product (electronic books, podcast, blogs, videos, etc. ) or providing
services, technical services & professional services or both through digital facility
or platform for electronic commerce.
Payer e- commerce operator (when purchaser of goods /services pays to
e-commerce operator & then subsequently such payment is made by
the e-commerce operator to an e-commerce participant.)
Payee e-commerce participant (Resident)
Time of At the time of credit or payment (whichever is earlier)
Deduction
Maximum No T.D.S if the e-commerce participant is Individual or H.U.F., if the
Amount which gross amount of sale/service is < 5 lakhs in P.Y. and Individual or H.U.F.
can be paid has furnished his P.A.N./ Aadhar number
without TDS
Rate of T.D.S. 1%
No T.D.S. u/s If the payment is made by e-commerce operator for hosting
194-O advertisement or providing any other service which are not in relation
to sale of goods/ services.
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Section 194 – P
T.D.S by banking company notified by Central Govt.
Payer:
Specified bank
Payee:
Specified Senior Citizen who is resident and of age of 75 years or more at any time during
the previous year.
T.D.S on:
Pension income received in such bank + interest in deposit with such bank.
(Payee does not have any other income)
Rate of T.D.S:
On income computed after giving chapter VI - A deductions & rebate u/s 87 A if applicable,
tax on such income at applicable slab rates.
Other point:
Specified Senior Citizen has to furnish a declaration to specified bank with requisite details
and verified in the prescribed manner.
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Section 194-Q
Payer : Buyer whose total sales / gross receipts / turnover exceeds 10

Cr. for the earlier previous year.
Payment : When the purchase value (sale value of resident seller) exceeds
covered fifty lakhs in the previous year.
Time of : At the time of:
deduction (a) Credit into the account of seller
(b) At the time of payment thereof
(whichever is earlier)
Maximum : Upto ` 50 lakhs of purchase value in the previous year.
amount which
can be paid
without TDS
Rate of TDS : @ 0.1% on purchase value exceeding 50 lakhs during the
previous year.
If PAN of the seller is not provided to buyer, then TDS shall be
@ 5%.
Other points : TDS shall not apply to:

(i) A transaction on which already TDS is deductible under the
Act.
(ii) A transaction on which TCS provisions u/s 206C are
applicable.
Other Provisions
Income Payable Net of Tax - [Section 195A]
(1) Where, under an agreement or other arrangement, the tax chargeable on any
income referred to in the foregoing provisions of this Chapter is to be borne by the
person by whom the income is payable, then, for the purposes of deduction of tax
under those provisions such income shall be increased to such amount as would,
after deduction of tax thereon, be equal to the net amount payable under such
agreement or arrangement.
(2) However, no grossing up is required in the case of tax paid [u/s 192(1A)] by an
employer on the non-monetary perquisites provided to the employee.
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No TDS on Interest, Dividend or Other Sums payable to the Government, RBI or Certain
Corporations - [Section 196]
(1) No deduction of tax shall be made by any person from any sums payable to:
(i) the Government; or
(ii) the Reserve Bank of India; or
(iii) a corporation established by or under a Central Act, which is, under any law for
the time being in force, exempt from income-tax on its income; or
(iv) a Mutual Fund specified u/s 10(23D).
(2) This provision for non-deduction is applicable when such sum is payable to the
above entities by way of:
(i) interest or dividend in respect of securities or shares, owned by the above
entities or in which they have full beneficial interest; or
(ii) any other income accruing or arising to them.
Certificate for Lower deduction or No deduction of TDS - [Section 197]

(1) This section applies where, in the case of any income of any person or sum payable to
any person, income-tax is required to be deducted at the time of credit or payment,
as the case may be at the rates in force as per the provisions of sections 192, 193,
194A, 194C, 194D, 194G, 194H, 194-I, 194J, 194LA ,194M and 194-O.
(2) In such cases, the assessee can make an application in Form No. 13 to the A.O. to get
a certificate authorizing the payer to deduct tax at lower rate or deduct no tax as
may be appropriate.
(3) If the A.O. is satisfied that the total income of the recipient justifies the deduction
of income-tax at lower rates or no deduction of income tax, as the case may be, he
may give to the assessee such certificate, as may be appropriate.
(4) Where the A.O. issues such a certificate, then the person responsible for paying the
income shall deduct income tax at such lower rates specified in the certificate or
deduct no tax, as the case may be, until such certificate is cancelled by the A.O.
(5) The A.O. shall obtain prior approval of the Joint Commissioner/Additional
Commissioner before issuing such certificate.
(6) If the payee does not have PAN, he cannot make an application u/s 197 for obtaining
such certificate.
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Declaration for Lower Rate of TDS or Nil TDS - [Section 197A]

If declaration u/s 197A is submitted by the recipient to the payer, then no tax is to be
deducted in few cases. The Provisions of section 197A are discussed as follows:
Self-declaration for Payee Payment as specified Form No.

non-deduction or u/s
lower deduction of Resident Individual 194EE 15G
TDS [Section 197A(1)]
All Assessees (other 192A, 193, 194A, 194D, 15G
than companies & firms) 194DA, 194-I
[Section 197A(1A)]
Resident Senior Citizens 192A, 193, 194A, 194D, 15H
[Section 197A(1C)] 194EE, 194DA, 194-I
Form 15G cannot be Filing of declaration is not permissible where income or aggregate
given of incomes exceed the basic exemption limit of the payee.
[Section 197A(1B)] Note:
The above restriction u/s 197(1B) shall not apply in case of resident
senior citizen.
Nil TDS in other In the following specific situations, TDS need not be deducted:
specific cases (1) Interest on deposits by/borrowings from a non-resident
or RNOR, if interest is paid by an off-shore banking unit -
[Section 197A(1D)].
Note:
Deposit/Borrowings should be made on or after 01-04-2005.
(2) Any payment to any person for, or on behalf of, the NPS Trust
- [Section 197A(1E)].
(3) Specified payments to notified institutions/class of institutions
etc. - [Section 197A(1F)].
No deduction of tax shall be made, or deduction of tax shall be
made at such lower rate, from such payment to such persons or
class of persons, including institutions, association or body as may
be notified by Central Govt. in the official gazette in this behalf.
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Duties of Payer A copy of the declarations u/s 197A(1), 197A(1A) and 197A(1C)
[Section 197A(2)] shall be forwarded by the payer to the Chief Commissioner of
Income Tax (CCIT) or Commissioner of Income Tax (CIT) on or before
7th of the month following the month in which such declaration is
furnished by the payee to such payer.
Condition u/s 206AA Quoting of PAN by the payee in such declarations is mandatory.
e-filing of Form A payee can submit self-declaration either in paper format or
15G/15H electronically. Every payer shall be allotted a unique identification
number (UIN) to all self-declarations that shall be furnished by in
quarterly TDS statements.
No requirement of submitting physical copy of Form 15G/15H by
the payer. The payer shall retain Form 15G/15H for 7 years.
TDS is Income Received - [Section 198]

(1) All sums deducted in accordance with the foregoing provisions shall, for the purpose
of computing the income of an assessee, be deemed to be income received.
(2) However, the tax paid by an employer u/s 192(1A) and u/s 194N, shall not be deemed
to be income received by the assessee.
Credit for TDS - [Section 199]

(1) Credit for tax deducted at source and paid to the Central Government, shall be given
to the deductee for the assessment year for which such income is assessable.
(2) Where tax has been deducted at source and paid to the Central Government and
income is assessable over a number of years, credit for tax deducted at source
shall be allowed across those years in the same proportion in which the income is
assessable to tax.
(3) Rule 37BA(1) provides that credit for tax deducted at source and paid to the Central
Government shall be given to the person to whom the payment has been made
or credit has been given (i.e. the deductee) on the basis of information relating to
deduction of tax furnished by the deductor to the income-tax authority or the person
authorized by such authority.
Rule 37BA(2) provides that where under any provisions of the Income Tax Act, 1961,
the whole or any part of the income on which tax has been deducted at source is
assessable in the hands of a person other than the deductee, credit for the whole
or any part of the tax deducted at source, as the case may be, shall be given to the
other person and not to the deductee.
605
However, the deductee should file a declaration with the deductor and the deductor
should report the tax deduction in the name of the other person in the information
relating to deduction of tax referred to in Rule 37BA(1).
Time limit for Deposit of TDS to the Government Treasury – [Section 200]
(1) The persons responsible for deducting the tax at source should deposit the sum so
deducted to the credit of the Central Government within the prescribed time.
(2) Further, an employer paying tax on non-monetary perquisites provided to employees
in accordance with section 192(1A), should deposit within the prescribed time, the
tax to the credit of the Central Government or as the Board directs.
(3) Prescribed time and mode of deposit of TDS to the Government Account:
Different Situations Time of Deposit of TDS to the
Government Treasury
Tax is deducted by an office of the On the same day on which tax is deducted
Government and tax is paid without
production of income tax payment challan
Tax is deducted by an office of the On or before 7 days from the end of the
Government and tax is accompanied by a month in which tax is deducted
challan - [Challan No. ITNS 281]
Tax is deducted by any person (not being Income paid or credited in March:
office of the Government) - [Challan No. Tax should be deposited by 30th April
ITNS 281] Income paid or credited before 1st March:
Tax should be deposited within 7 days
from the end of the month in which such
tax is deducted
Tax is deducted by any person (not For the quarter Tax to be
being office of the Government) and the ending: deposited by:
A.O. with prior approval of the Joint 30/06 07/07
Commissioner has permitted quarterly 30/09 07/10
deposit of TDS u/s 192, 194A 194D & 30/12 07/01
194H - [Challan No. ITNS 281] 31/03 30/04
Tax is deducted by a person u/s 194-IA - Within 30 days from the last date of the
[Form 26QB] month in which such tax was deducted
Tax is deducted by a person u/s 194-IB Within 30 days from the last date of the
- [Form 26QC] month in which such tax was deducted
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Note:
A claim of refund for TDS paid to the credit of Central Government shall be furnished
by the deductor in Form No. 26B electronically under digital signature.
Forms of Quarterly TDS Statements (TDS Returns)

Form No. Nature of Specified Payment
24Q TDS from Salary
27Q TDS where the deductees are Non-Residents (other than a company), Foreign
Company & RNOR
26QB Tax Deduction u/s 194-IA
26QC Tax Deduction u/s 194-IB
26Q TDS in any other case
Note:
Quarterly return cannot be submitted before deposit of TDS, interest for late payment of
TDS and late fee u/s 234E.
Due Dates for filing TDS Statements (TDS Returns)
For the quarter ending Due Dates

30/06 31/07
30/09 31/10
31/12 31/01
31/03 31/05
Note:
Time limits specified above are not applicable in case of deduction of tax u/s 194-IA.
In such cases, the challan for electronic deposit of TDS [Form 26QB] is itself taken as
quarterly statement of TDS (no separate statement of TDS is to be submitted).
Mode of Furnishing Quarterly TDS Statements (TDS Returns)

The following persons shall submit quarterly TDS Statements (TDS Returns) electronically along
with the verification statement in Form No. 27A:
(1) When the deductor is an office of the Government.
(2) When the deductor is the principal officer of a company.
(3) When the deductor is a person who is required to get his accounts audited u/s 44AB
in the immediately preceding F.Y.
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(4) When the number of deductee’s records in a statement for any quarter of the F.Y. is
≥ 20.
Except the cases as mentioned above, any other deductor can submit the quarterly TDS
returns either in paper format or electronically.
Mode of uploading the TDS Statements (TDS Returns):
Option 1 Uploading quarterly returns with digital signature.
Option 2 Furnishing quarterly returns electronically along with verification of the
statement in Form No. 27A.
Option 3 Furnishing quarterly returns electronically along with electronic verification
of the statement in Form No. 27A.
Consequences of failure to deduct or pay TDS - [Section 201]

(1) Deemed assessee-in-default:
Following persons shall be deemed to be assessee-in-default if they do not deduct
the whole or any part of the tax or after deducting fails to pay the tax any person
including the principal officer of a company:
(i) who is required to deduct any sum in accordance with the provisions of the
Income Tax Act, 1961; and
(ii) being, an employer paying tax on non-monetary perquisites u/s 192(1A).
(2) Non-applicability of deeming provision:

Any person (including the principal officer of the company) who fails to deduct the
whole or any part of the tax on the amount credited or payment made to a resident
payee shall not be deemed to be an assessee-in-default in respect of such tax if
such resident payee:
(i) has furnished his return of income u/s 139;
(ii) has taken into account such sum for computing income in such return of income;
and
(iii) has paid the tax due on the income declared by him in such return of income,
and the payer furnishes a certificate to this effect from an accountant in such
form as may be prescribed.
(3) Interest Liability:

(i) A person deemed to be an assessee-in-default u/s 201(1), for failure to deduct
tax or to pay the tax after deduction, is liable to pay simple interest @ 1% for
every month or part of month on the amount of such tax from the date on
608
which tax was deductible to the date on which such tax was actually deducted
and simple interest @ 1½% for every month or part of month from the date on
which tax was deducted to the date on which such tax is actually paid - [Section
201(1A)].
(ii) Such interest should be paid before furnishing the statements in accordance
with section 200(3).
(iii) Where the payer fails to deduct the whole or any part of the tax on the amount
credited or payment made to a resident and is not deemed to be an assessee-
in-default u/s 201(1) on account of payment of taxes by such resident payee,
interest u/s 201(1A)(i) i.e. @1% p.m. or part of month, shall be payable by the
payer from the date on which such tax was deductible to the date of furnishing
of return of income by such resident payee. The date of deduction and payment
of taxes by the payer shall be deemed to be the date on which return of income
has been furnished by the resident payee.
(iv) Where the tax has not been paid after it is deducted, the amount of the tax
together with the amount of simple interest thereon shall be a charge upon all
the assets of the person or the company, as the case may be.
(v) Rigorous imprisonment for a term not less than 3 months but extending upto
7 years, with fine for failure to pay to the credit of the Central Govt. the T.D.S/
T.C.S.
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TDS Certificates – [Section 203]

TDS certificate shall be issued to deductees (Form No. 16 for TDS from Salaries, Form No.
16A for TDS from Payments other than Salaries).
In the case of TDS from salaries, a statement of perquisites/profits in lieu of salary should
be separately given to the employees in Form No. 12BA.
Time limit for issue of TDS certificates are given below:

Form No. Periodicity Due Date
16 & 12BA Annual On or before 15th June of the F.Y. immediately following the
F.Y. in which tax is deducted.
16A Quarterly Within 15 days from the due date of furnishing quarterly
TDS returns. In other words:
For the quarter TDS/TCS certificates should be given on
ending or before
30/06 15/08
30/09 15/11
31/12 15/02
31/03 15/06
Requirement to furnish PAN for TDS purposes - [Section 206AA]
Note :
(i) In case of sec. 194-O & 194-Q, Rate u/s 206AA = 5 %
(ii) It shall also attract penalty u/s 272BB = Rs. 10,000.
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Note:
(1) Where the amount paid to the payee is upto the limit on which tax is not required
to be deducted, then even if the payee does not furnish his PAN, section 206AA is
not applicable.
(2) Declaration u/s. 197A i.e. declaration in Form 15G/15H are not valid if the PAN is
not quoted.
(3) Certificate of lower/Nil deduction u/s 197 shall not be issued in case of a deductee
not furnishing his PAN.
Section 206AB
* For T.D.S sections OTHER THAN sections 192, 192A, 194B, 194BB or 194N, if tax is to be
deducted on the income of a “specified person”, it shall be deducted at the higher of the
following rates:-
(i) At twice the rate of T.D.S of Act.
or
(ii) At twice the rate in force
or
(iii) At the rate of 5%
Note
1. “Specified person” (Excluding a non-resident) means a person who has not field the
returns of income for both of the two assessment years relevant to the two previous
years immediately prior to the previous year in which tax is required to be deducted,
for which the time limit of filing return of income of 139(1) has expired and the
aggregate tax deducted at source and collected at source in his case is 50,000/- or
more in each of these two previous years.
2. Section 206CCA is introduced on above lines for T.C.S and T.C.S rates will be applicable
at higher of:-
(i) At twice of T.C.S rate specified in the Act
or
(ii) At the rate of 5%
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Provisions of Tax Collection at Source [TCS]

(1) As per the provisions of section 206C(1), sellers of certain goods are required to
collect tax from the buyers at the specified rates.
The specified percentage for collection of tax at source is as follows:

Specified Items TCS @
Alcoholic liquor for human consumption 1%
Tendu leaves 5%
Timber obtained under a forest lease or any mode other than forest 2.5%
lease
Any other forest produce not being timber or tendu leaves 2.5%
Scrap 1%
Minerals being coal, lignite & iron ore 1%
(2) Section 206C(1C) provides for collection of tax by every person who grants a lease or
a licence or enters into a contract or otherwise transfers any right or interest in any:
(a) parking lot; or
(b) toll plaza; or
(c) a mine or a quarry
to another person (other than a public sector company) for the use of such parking
lot or toll plaza or mine or quarry for the purposes of business.
The tax shall be collected as provided, from the licensee or lessee of any such licence,
contract or lease of the specified nature @ 2%.
(3) Section 206C(IF) provides that every person, being a seller, who receives any amount
as consideration for sale of a motor vehicle of the value exceeding Rs. 10 lakhs,
shall collect tax from the buyer @ 1% of the sale consideration.
(4) Meaning of certain terms - [Explanation to section 206C]:
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Buyer For Section 206C(1) & 206C(1C):

A person who obtains in any sale, by way of auction, tender, or any
other mode, goods of the nature specified in the above table or the
right to receive any such goods but does not include:
(a) a public sector company, the Central Government, a State
Government, and an embassy, a high commission, legation,
commission, consulate and the trade representation, of a foreign
State and a club; or
(b) a buyer in the retail sale of such goods purchased by him for
personal consumption
For Section 206C(1F):
A person who obtains in any sale, goods of the nature specified therein,
but does not include:
(a) the Central Government, a State Government and an embassy, a
High Commission, legation, commission, consulate and the trade
representation of a foreign State; or
(b) a local authority; or
(c) a public sector company which is engaged in the business of
carrying passengers
Seller (a) The Central Government;
(b) a State Government; or
(c) any local authority; or
(d) corporation; or
(e) authority established by or under a Central, State or Provincial
Act; or
(f) any company; or
(g) firm; or
(h) co-operative society
Seller also includes an Individual or a HUF whose books of accounts are
required to be audited u/s 44AB during the F.Y. immediately preceding
the F.Y. in which the goods are sold.
Scrap Waste and scrap from the manufacture or mechanical working of
materials which is definitely not usable as such because of breakage,
cutting up, wear & other reasons.
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(5) CBDT Clarification relating to certain issues with respect to section 206C(1F):
The amendments in section 206C have given rise to certain issues relating to the
scope and applicability of the provisions.
Accordingly, the CBDT has, vide Circular No. 22/2016 dated 08-06-2016 & Circular
No. 23/2016 dated 24-06-2016, clarified the following issues in ‘Question & Answer
(Q&A)’ format.
Question 1:
Whether TCS @ 1% is on sale of motor vehicle at retail level or also on sale of motor
vehicles by manufacturers to dealers/distributors?
Answer 1:
To bring high value transactions within the tax net, section 206C has been amended
to provide that the seller shall collect the tax @ 1% from the purchaser on sale
of motor vehicle of the value exceeding Rs. 10 lakhs. This is brought to cover all
transactions of retail sales and accordingly, it will not apply on sale of motor vehicles
by manufacturers to dealers/distributors.
Question 2:
Whether TCS @ 1% on sale of motor vehicle is applicable only to luxury cars?
Answer 2:
No, as per section 206C(1F), the seller shall collect tax @ 1% from the purchaser on
sale of any motor vehicle of the value exceeding Rs. 10 lakhs.
Question 3:
Whether TCS @ 1% is applicable in the case of sale to Government Departments,
Embassies, Consulates and United Nation Institutions, of motor vehicle or any other
goods or provision of services?
Answer 3:
Government, institutions notified under United Nations (Privileges and Immunities)
Act 1947, and Embassies, Consulates, High Commission, Legation, Commission and
trade representation of a foreign State shall not be liable to levy of TCS @ 1% u/s
206C(1F).
Question 4:
Whether TCS is applicable on each sale of motor vehicle or on aggregate value of
sale during the year?
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Answer 4:
Tax is to be collected at source @ 1% on sale consideration of a motor vehicle
exceeding Rs. 10 lakhs. It is applicable to each sale and not to aggregate value of
sale made during the year.
Question 5:
Whether TCS @ 1% on sale of motor vehicle is applicable in case of an individual?
Answer 5:
The definition of ‘Seller’ shall be applicable in the case of sale of motor vehicles
also.
Accordingly, an individual who is liable to audit as per the provisions of section
44AB during the financial year immediately preceding the financial year in which the
motor vehicle is sold shall be liable for collection of tax at source on sale of motor
vehicle by him.
Question 6:
How would the provisions of TCS on sale of motor vehicle be applicable in a case
where part of the payment is made in cash and part is made by cheque?
Answer 6:
The provisions of TCS on sale of motor vehicle exceeding Rs. 10 lakhs is not dependent
on mode of payment. Any sale of motor vehicle exceeding Rs. 10 lakhs would attract
TCS @ 1%.
(6) Time of Collection of tax [Section 206C(1)/(1C)/(1F)]:

The tax should be collected at the time of debiting of the amount payable by the
buyer or licensee or lessee, as the case may be, to his account OR at the time of
receipt of such amount from the buyer or licensee or lessee, as the case may be, in
cash or by the issue of a cheque or draft or any other made, whichever is earlier.
In case of sale of a motor vehicle of the value exceeding Rs. 10 lakhs, tax shall be
collected at the time of receipt of such amount.
(7) Non-applicability of TCS - [Section 206C(1A)]:

No collection of tax shall be made in the case of a resident buyer, if such buyer
furnishes to the person responsible for collecting tax, a declaration in writing in
duplicate in the prescribed form (Form No. 27C) and verified in the prescribed manner
to the effect that goods referred to in section 206C(1) above are to be utilised for
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the purpose of manufacturing, processing or producing articles or things or for the

purposes of generation of power and not for trading purposes.
(8) Furnishing of copy of declaration within specified time - [Section 206C(1B)]:

The person responsible for collecting tax under this section shall deliver or cause to
be delivered to the Chief Commissioner (CCIT) or Commissioner (CIT); one copy of the
declaration referred to in sub-section (1A) on or before the 7th day of the month
next following the month in which the declaration is furnished to him.
(9) Overseas tour program package 206C(1G) :

Any tour package which offers visit to a country/(ies) or territory/(ies) outside India.
It includes expenses for travel or hotel stay or boarding or lodging or any other
expenditure of similar nature or in relation thereto. [Clause (ii) of Explanation to
section 206C(1G).
(10) For Section 206C(1H);

A person who purchases any goods but does not include –
(A) The Central government, a State Government, an embassy, a High Commission,
legation, commission, consulate and the trade representation of a foreign
State, or
(B) a local authority; or
(C) a person importing goods into India or any other person as the Central
Government may, by notification in the Official Gazette, specify for this purpose,
subject to stipulated conditions.
(11) TCS to be paid within prescribed time - [Section 206C(3)]:

Any amount collected under sub-section (1) or (1C) shall be paid within the prescribed
time to the credit of the Central Government or as the Board directs.
(12) Requirement to furnish PAN by Collectee - [Section 206CC]:

In order to strengthen the PAN mechanism, section 206CC has been inserted w.e.f.
01-04-2017. Collectee shall furnish his PAN to the person responsible to collect the
tax at source.
If PAN is not intimated, tax shall be collected at twice the normal rate or @ 5%,
whichever is higher.
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However, this provision is not applicable in case of a non-resident collectee who

does not have a permanent establishment in India.
Time limit for paying TCS to the credit of the Central Government
Person collecting sums in Circumstance Period within which such sum

accordance with section should be paid to the credit of
206C(1)/(1C) the Central Government
(1) An office of the (i) where the tax is paid on the same day
Government without production of an
income-tax challan
(ii) where tax is paid on or before 7 days from the
accompanied by an end of the month in which
income-tax challan the collection is made
(2) Collectors other - within one week from the
than an office of the last day of the month in
Government which the collection is made
Due Dates for filing TCS Statements (TCS Returns)
For the quarter ending Due Dates

30/06 15/07
30/09 15/10
31/12 15/01
31/03 15/05
Note:
The above TCS Statements (i.e. TCS Returns) must be filed by the collector in Form No.
27EQ.
TCS Certificates
TCS certificate shall be issued to collectees in Form No. 27D. Time limit for issue of TCS
certificates are given below:
Form No. Periodicity Due Date
27D Quarterly Within 15 days from the due date of furnishing quarterly
TCS returns. In other words:
617
For the quarter TCS certificates should be given on or

ending before
30/06 30/07
30/09 30/10
31/12 30/01
31/03 30/05
Common number for TDS and TCS - (TAN) - [Section 203A]
Who must apply Every person deducting tax at source u/s 192 to 196D (except 194-IA),
for TAN or collecting tax at source (i.e. TCS), if he has not been allotted any
TAN.
Time limit for Within one month from the end of the month in which tax was deducted/
TAN application & deductible or collected/collectible.
Form No. Application for allotment of TAN shall be made in Form 49B.
Person to whom In case where the function of allotment of TAN has been assigned to
application for any particular A.O., then, to that A.O.
TAN is to be made In any other case, to the A.O. having jurisdiction to assess the applicant.
Failure to apply Penalty u/s 272BB - Rs. 10,000.
for or quote TAN
Quoting of TAN (a) TDS/TCS Challans
(b) TDS/TCS Certificates
(c) TDS/TCS Returns
(d) All other documents pertaining to such transactions as may be
prescribed
(e) All quarterly statements prepared & delivered u/s 200(3)/206C(3)
Penalty for If a person quotes a TAN which is false or does not belong to such
quoting false TAN person, he shall be liable for a penalty of Rs. 10,000 u/s 272BB.
618
Main differences between TDS and TCS
TDS TCS
TDS is tax deduction at source TCS is tax collection at source
Person responsible for paying is required to Seller of certain goods or provider of
deduct tax at source at the prescribed rate. services is responsible for collecting tax
at source at the prescribed rate from the
buyer.
Person who grants licence or lease (in
respect of any parking lot, toll plaza, mine
or quarry) is responsible for collecting tax
at source at the prescribed rate from the
licensee or lessee, as the case may be.
Generally, tax is required to be deducted Generally, tax is required to be collected
at the time of credit to the account of the at source at the time of debiting of the
payee or at the time of payment, whichever amount payable by the buyer of certain
is earlier. goods to the account of the buyer or at
However, in case of payment of salary and the time of receipt of such amount from
payment in respect of life insurance policy, the said buyer, whichever is earlier.
tax is required to be deducted at the time of However, in case of sale of motor vehicle
payment. of the value exceeding Rs. 10 lakhs, tax
collection at source is required at the time
of receipt of sale consideration.
619
CLASSWORK PROBLEMS
Question 1
Manoj is employed in a company in Indore. He would receive from his employer the
following sums as his remuneration during financial year 21-22
Basic Salary ` 40,000 per month
Dearness Allowance 40% of Basic Salary
Bonus ` 90,000
During the financial year 2021-22 he makes the following payments :
Life Insurance Premium ` 20,000
PPF ` 50,000
Donation to Prime Minister's National Relief Fund ` 15,000
Compute the amount of tax deductible at source per month from the salary of Mr. Manoj,
if Mr. Manoj has following other incomes, as reported by him :
Loss under the Head House Property ` 50,000
Winnings from lottery (gross) ` 80,000
Loss from business ` 15,000
Royalty income from school textbook ` 60,000 (TDS deducted ì 6,000).

Question 2
Dr. Khadoos is an individual Medical Practitioner. His gross receipts from profession for
the year ending 31st March 2021 are ì 75 lakhs. The gross receipts for the year ending
31st March 2022 are likely to be ì 8 lakhs. During P.Y. 2021-22 he makes the following
payments to a resident contractor for various activities:
Contract No Name of Description of Contract Amount paid
Contractor or Credited
A Mr. X Medical equipment maintenance contract 45,000
B Mr. X House hold personal equipment 2,50,000
maintenance contract
C Mr. Y Clinic furnishing contract 18,000
D Mr. Y Clinic furnishing contract 27,000
E Mr. Y Clinic furnishing contract 57,000
Examine liability to deduct tax u/s 194C?
620
Question 3
ABC Ltd. took on sub-lease a building from J, an individual, with effect from 1-9-2021
on a rent of ` 80,000 p.m. It also took on hire machinery from J w.e.f. 1-10-2021 on hire
charges of ` 9,000 p.m. ABC Ltd. entered into two separate agreements with J for sublease
of building and hiring of machinery. The rent of building and hire charges of machinery
for financial year 2021-22 amounting to ` 1,40,000 and ` 54,000 respectively were
credited to the account of J in its books of account on 31.03.2022. Examine the obligation
of ABC Ltd. to deduct tax at source in respect of the rent and hire charges.
Question 4
Mr. M, an individual, had let out his building on a monthly rent of ` 25,000. The tenant
deducted tax u/s 194-I from the rent paid to M, but did not remit such tax to the credit
of the Central Government. M filed his return of income for the A.Y. 2022-23 including
therein the rental income from the said building and paid the balance tax on his total
income after taking credit for tax deducted at source by the tenant. The Assessing Officer
has called upon M to pay the tax to the extent of tax deducted at source. Is the Assessing
Officer justified in doing so?
Question 5
Mr.X sold his house property in Bangalore as well as his rural agricultural land for
a consideration of ` 60 lakh and `15 lakh, respectively, to Mr. Y on 1.8.2021. He has
purchased the house property and the land in the year 2019 for `40 lakh and `10 lakh,
respectively. The stamp duty value on the date of transfer, i.e., 1.8.2021 is ` 85 lakh and
`20 lakh for the house property and rural agricultural land, respectively. Determine the
tax implications in the hands of Mr. X and Mr.Y and the TDS implications, if any, in the
hands of Mr.Y, assuming that both Mr.X and Mr.Y are resident Indians.
Question 6
Compute the amount of tax deducted at source from the following payments to be made
in financial year 2021-2022.
Sr. No. Date Particulars
1 1-10-2021 Payment of ` 2,00,000 to Mr. Varun, a transporter, who
owns 8 goods carriages throughout the previous year and
furnishes his PAN to the payer.
2 1-11-2021 Payment of technical fees of ` 25,000 and Royalty of
`20,000 to Mr. Siddharth who is having PAN.
621
3 30-6-2021 Payment of ` 36,000 to M/s. XYZ Private Limited for repair

of building.
4 1-1-2022 Payment of ` 2,70,000 made to Mr. Ranveer for purchase
of diaries made according to the specifications of Mr. Virat.
However no material was supplied for such diairies by Mr.
Virat to Mr. Ranveer
5 1-2-2022 Payment of commission of ` 15,000 made by Mr. Karan to
Mr. Aditya
6 21-2-2022 Payment of interest on car loan to IDBI Bank ` 36,500/-
7 31-10-2021 Payment of ` 50,00,000 to Mr. Aditya Singhania, on
resignation as received on maturity of Keyman Insurance
policy by CEO and M.D. of Singhania Industries Limited. Mr.
Singhania was the Keyman of this company.
Question 7
Examine the TDS implications under section 194A in the cases mentioned hereunder –
(i) On 1.10.2021, Mr.Harish made a six month fixed deposit of Rs.10 lakh @ 9% p.a.
with ABC Co-operative Bank. The fixed deposit matures on 31.3.2022.
(ii) On 1.6.2021, Mr.Ganesh made three nine month fixed deposits of Rs.1 lakh each
carrying interest @ 9% with Dwarka Branch, Janakpuri Branch and Rohini Branches
of XYZ Bank, a bank which has adopted CBS. The fixed deposits mature on 28.2.2022.
(iii) On 1.4.2021, Mr.Rajesh started a year recurring deposit of Rs.20,000 per month
@8% p.a. with PQR Bank. The recurring deposit matures on 31.3.2022.
Question 8
State the applicability of TDS provisions and TDS amount in the following cases:
(a) Rent paid for hire of machinery by B Ltd. to Mr. Raman ` 2,50,000.
(b) Fee paid to Dr. Srivatsan by Sundar (HUF) ` 35,000 for surgery performed on a
member of the family.
(c) ABC and Co. Ltd. paid ` 19,000 to one of its Directors as sitting fees on 1-01-2022.
622
CLASSWORK SOLUTIONS
Answer 2
Dr. Khadoos is a “specified person” since he is covered by tax audit for P.Y. 2020-2021
(preceding financial year). The TDS implications u/s. 194C of the payments made by him
during P.Y. 2021-2022 are as follows:
(a) Contract A : Since the one - time payment made to Mr. X exceeds ` 30,000, tax shall
be deducted @ 1% on the amount of ` 45,000/-
(b) Contract B : No TDS as the contract is for personal purposes.
(c) Contract C & D : The payment made for each contract does not exceed ` 30,000 and
the total payment for both the contracts does not exceed ` 1,00,000. Therefore tax
will not be deducted at the time of making payments for these two contracts.
(d) Contract E : The payment for this contract exceeds ` 30,000 and the total payment
for all the contracts made to Mr. Y exceeds ` 1,00,000. Accordingly tax @ 1% on the
total value of all the contracts shall be required to be deducted.
Answer 3
The rent of building for 7 months ` 5,60,000 and hire charges of machinery for 6 months
` 54,000 have been credited to Mr. J’s account on 31-3-2022. Since the total amount of
rent credited exceeds ` 2,40,000, TDS u/s. 194-I shall be calculated as follows:
• On rent for Building: 5,60,000 x 10% ` 56,000
• On hire charges for Machinery: 54,000 x 2% ` 1,080
Total ` 57,080
This amount of TDS shall be deposited by ABC Ltd. with the Central Government on or
before 30th April, 2022 as per the time limit u/s. 200(1).
Answer 5
(i) Tax implications in the hands of Mr.X : As per section 50C, the stamp duty value of
house property (i.e.` 85 lakh) would be deemed to be the full value of consideration
arising on transfer of property. Therefore, ` 45 lakh (i.e. ` 85 lakh – ` 40 lakh, being
the purchase price) would be taxable as short-term capital gains in the A.Y.22-23.
Since rural agricultural land is not a capital asset, the gains arising on sale of such
land is not taxable in the hands of Mr. X.
(ii) Tax implications in the hands of Mr.Y : In case immovable property is received for
inadequate consideration, the difference between the stamp value and actual
consideration would be taxable under section 56(2)(vii), if such difference exceeds
623
`50,000. Therefore, in this case ` 25 lakh ( ` 85 lakh – ` 60 lakh) would be taxable

in the hands of Mr.Y under section 56(2)(vii). Since agricultural land is not a capital
asset, the provisions of section 56(2)(vii) are not attracted in respect of receipt of
agricultural land for inadequate consideration, since the definition of “property”
under section 56(2)(vii) includes only capital assets specified thereunder.
(iii) TDS implications in the hands of Mr.Y : Since the sale consideration of house property
exceeds `50 lakh, Mr.Y is required to deduct tax at source under section 194-IA. The
tax to be deducted under section 194-IA would be ` 60,000, being 1% of ` 60 lakh.
TDS provisions under section 194-IA are not attracted in respect of transfer of rural
agricultural land.
Answer 6
1. No tax is required to be deducted at source under section 194C by the payer on the
payment made to Mr. Varun, since the following conditions are satisified:-
(a) He owns 10 or less goods carriages at any time during the previous year;
(b) He is engaged in the business of plying, hiring or leasing goods carriages.
(c) He has submitted his P.A.N. to the payer.
2. No tax is required to be deducted at source under section 194J since the “individual”
payments of royalty and technical fees do not exceed ` 30,000/-
3. Tax is required to be deducted at source under section 194C @ 2% of ` 36,000 i.e.
` 720 since the payment made for repair of building exceeds ` 30,000/-.
4. According to section 194C, the definition of “work” does not include the manufacturing
or supply of product according to the specification by customer, in case the material
is purchased from a person other than the customer. In the given case, therefore, Mr.
Virat is not required to deduct tax on the payment made to Mr. Ranveer, since this is
a contract of “sale” and not a “work contract.”
5. No tax is required to be deducted at source under section 194H since the payment
made does not exceed ` 15,000/-
6. No tax is required to be deducted at source under section 194A if the receiver of
interest is a banking company.
7. As per section 194DA, tax shall be deducted at 5% on the payments received from
life insurance policies if the amount received is taxable as per the provisions of
Income tax Act. Accordingly, in this case, the TDS shall be 5% of ` 50,00,000 i.e. `
2,50,000/-
624
Answer 7
i. ABC Co-operative Bank has to deduct tax at source @ 10% on the interest of `
45,000 (9% x ` 10 lakh x ½) under section 194A. The tax deductible at source under
section 194A from such interest is, therefore, ` 4500
ii. XYZ Bank has not to deduct tax at source @ 10% under section 194A, since the
aggregate interest on fixed deposit with the three branches of the bank is ` 20,250
[1,00,000 x 3 x 9% x 9/12], which does not exceeds the threshold limit of ` 40,000.
Since XYZ bank has adopted CBS, the aggregate interest credited / paid by all
branches has to be considered. Since the aggregate interest of ` 20,250 does not
exceeds the threshold limit of ` 40,000 no tax has to be deducted @ 10% under
section 194A.
iii. Tax has to be deducted under section 194A by PQR Bank on the interest of ` 10,400
falling due on recurring deposit on 31.3.2022 to Mr.Rajesh, since –
(1) “recurring deposit” has been included in the definition of “time deposit”; and
(2) Such interest exceeds the threshold limit of ` 40,000.
Answer 8
(a) Since the rent paid for hire of machinery by B. Ltd. to Mr. Raman exceeds ` 2,40,000,
the provisions of section 194-I for deduction of tax at source are attracted. The rate
applicable for deduction of tax at source under section 194-I on rent paid for hire of
plant and machinery is 2% assuming that Mr. Raman had furnished his permanent
account number to B Ltd.
Therefore, the amount of tax to be deducted at source: = ` 2,50,000 x 2% = ` 5,000.
Note: In case Mr. Raman does not furnish his permanent account number to B Ltd.,
tax shall be deducted @ 20% on ` 2,50,000, by virtue of provisions of section 206AA.
(b) As per the provisions of section 194J, a Hindu Undivided Family is required to deduct
tax at source on fees paid for professional services only if it is subject to tax audit
under section 44AB in the financial year preceding the current financial year.
However, if such payment made for professional services is exclusively for the
personal purpose of any member of Hindu Undivided Family, then, the liability to
deduct tax is not attracted.
Therefore, in the given case, even if Sundar (HUF) is liable to tax audit in the
immediately preceding financial year, the liability to deduct tax at source is not
attracted in this case since, the fees for professional service to Dr. Srivatsan is paid
for a personal purpose i.e. the surgery of a member of the family, if it does not
exceed 50 lakhs.
625
(c) Section 194J provides for deduction of tax at source @ 10% from any sum paid
by way of any remuneration or fees or commission, by whatever name called, to
a resident director, which is not in the nature of salary on which tax is deductible
under section 192. The threshold limit of ` 30,000 upto which the provisions of tax
deduction at source are not attracted in respect of every other payment covered
under section 194J is, however, not applicable in respect of sum paid to a director
who is not an employee.
Therefore, tax@10% has to be deducted at source under section 194J in respect of
the sum of ` 19,000 paid by ABC Ltd. to its director.
626
HOMEWORK PROBLEMS
Question 1
BBC Ltd. makes the following payments to Mr. Shiva, a contractor, for contract work
during the P.Y. 2021-22:
` 20,000 on 01-05-2021
` 25,000 on 01-08-2021
` 28,000 on 01-12-2021
On 01-03-2022, a payment of ` 30,000 is due to Mr. Shiva on account of a contract work.
Discuss whether BBC Ltd. is liable to deduct tax at source u/s 194C from payments made
to Mr. Shiva.

Question 2
Examine the applicability of the provisions for tax deduction at source u/s 194DA in the
following cases:
(a) Mr. Nikunj, a resident, is due to receive ` 4.50 lakhs on 31-03-2022, towards maturity
proceeds of LIC policy taken on 01-04-2019, for which the sum assured is ` 4 lakhs
and the annual premium is ` 1,25,000.
(b) Mr. Y, a resident, is due to receive ` 3.25 lakhs on 31.3.2022 on LIC policy taken
on 31.3.2012, for which the sum assured is ` 3 lakhs and the annual premium is `
35,000.
(c) Mr. Zeeshan, a resident, is due to receive ` 95,000 on 01-10-2021 towards maturity
proceeds of LIC policy taken on 01-10-2012 for which the sum assured is ` 90,000
and the annual premium was ` 15,000.
Question 3
Calculate the amount of tax to be deducted at source (TDS) on payment made to Steve
Smith, an Australian cricketer, by a newspaper for contribution of articles ` 25,000.
Question 4
Discuss the following issues in the context of the provisions of the Income Tax Act, 1961,
with specific reference to clarification given by the CBDT:
Sony TV, a television channel, made payment of ` 50 lakhs to a production house for
production of programme for telecasting as per the specifications given by the channel.
The copyright of the programme is also transferred to Sony TV. Would such payment be
liable for tax deduction at source u/s 194C? Discuss. Also, examine whether the provisions
of tax deduction at source u/s 194C would be attracted if the payment was made by Sony
627
TV for acquisition of telecasting rights of the content already produced by the production
house.
Question 5
Mrs. Ananya, a landlord, derived income from rent from letting a house property to M/s
Royal Corporation Ltd. of ` 1,00,000 p.m. She charged GST @ 18% on lease rent charges.
Calculate the deduction of tax at source (TDS) to be made by M/s Royal Corporation Ltd.
on payment made to Mrs. Ananya and narrate related formalities in relation to TDS.
Question 6
Mr. Chawla, a salaried individual, pays rent of ` 55,000 p.m. to Mr. Sawla from June,
2021. Is he required to deduct tax at source? If so, when is he required to deduct tax?
Also, compute the amount of tax to be deducted at source. Would your answer change if
Mr. Chawla vacated the premises on 31st December, 2021?
Also, what would be your answer if Mr. Sawla does not provide his PAN to Mr. Chawla?
Question 7
MMT Ltd. makes a payment of ` 28,000 to Mr. Ranveer on 02-08-2021 towards fees for
professional services and another payment of ` 25,000 to him on the same date towards
fees for technical services. Discuss whether TDS provisions u/s 194J are attracted.
Question 8
An amount of ` 40,000 was paid to Mr. Mahendra on 01-07-2021 towards fees for
professional services without deduction of tax at source. Subsequently, another payment
of ` 50,000 was due to Mr. Mahendra on 28-02-2022, from which tax @ 10% (amounting
to ` 9,000) on the entire amount of ` 90,000 was deducted. However, this tax of ` 9,000
was deposited only on 22-06-2022. Compute the interest chargeable u/s 201(1A).
Question 9
Examine the applicability of TDS provisions and TDS amount in the following cases:
(a) Rent paid for hire of machinery by Baba Ltd. to Mr. Tiger ` 3,10,000.
(b) Fee paid to Dr. Dubey by Ramesh (HUF) ` 35,000 for surgery performed on a member
of the family.
(c) SSS & Co. Ltd. paid ` 19,000 to one of its directors as sitting fees on 01-01-2022.
628
Question 10
Examine the applicability of tax deduction at source provisions, the rate and amount of
tax deduction in the following cases for the F.Y. 2021 - 22:
(a) Payment of ` 27,000 made to Alan Donald, a South African cricketer, by an Indian
newspaper agency on 02-07-2021 for contribution of articles in relation to the
sport of cricket.
(b) Payment made by a company to sub-contractor ` 3,00,000 with outstanding balance
of ` 1,20,000 shown in the books as on 31-03-2022.
(c) Winning from horse race ` 1,50,000.
(d) ` 2,00,000 paid to Mr. Amit, a resident individual, on 22-02-2022 by the State of
Uttar Pradesh on compulsory acquisition of his urban land.
Question 11
Mr. Divyam doing manufacture and wholesale trade furnishes you the following
information:
Total turnover for the F.Y. 2020-21 2,05,00,000
Total turnover for the F.Y. 2021-22 95,00,000
Examine whether tax deduction at source provisions are attracted for the below said
expenses incurred during the F.Y. 2021-22:
Particulars `
Interest paid to Bank of India 41,000
Contract payment to Charan (2 contracts of ` 12,000 each) 24,000
Shop rent paid (one payee) 2,50,000
Commission paid to Nagraj 7,000
629
HOMEWORK SOLUTIONS
Answer 1
In this case, the individual contract payments made to Mr. Shiva does not exceed `
30,000.
However, since the aggregate amount paid to Mr. Shiva during the P.Y. 2021-22 exceeds
` 1,00,000 (on account of the last payment of ` 30,000, due on 01-03-2022, taking the
total from ` 73,000 to ` 1,03,000), the TDS provisions u/s 194C would get attracted. Tax
has to be deducted @ 1% on the entire amount of ` 1,03,000 from the last payment of `
30,000 and the balance of ` 28,970 (i.e., ` 30,000 – ` 1,030) has to be paid to Mr. Shiva.
Answer 2
(a) Since the annual premium exceeds 10% of sum assured in respect of a policy taken
after 31.3.2012, the maturity proceeds of ` 4.50 lakhs due on 31.3.2022 are not
exempt under section 10(10D) in the hands of Mr. X. Therefore, tax is required to be
deducted @ 5% under section 194DA on the amount of income comprised therein
i.e., on ` 75,000 (` 4,50,000, being maturity proceeds - ` 3,75,000, being the entire
amount of insurance premium paid).
(b) Since the annual premium is less than 20% of sum assured in respect of a policy
taken before 01-04-2012, the sum of ` 3.25 lakhs due to Mr. Manish would be
exempt u/s 10(10D) in his hands. Hence, no tax is required to be deducted at source
u/s 194DA on such sum payable to Mr. Manish.
(c) Even though the annual premium exceeds 10% of sum assured in respect of a policy
taken after 31-03-2012, and consequently, the maturity proceeds of ` 95,000
would not be exempt u/s 10(10D) in the hands of Mr. Zeeshan, the tax deduction
provisions u/s 194DA are not attracted since the maturity proceeds are less than ` 1
lakh.
Answer 3
U/s 194E, the person responsible for payment of any amount to a non-resident sportsman
for contribution of articles relating to any game or sport in India in a newspaper shall
deduct tax @ 20%. Further, since Steve Smith is a non-resident, health and education
cess@4% on TDS would also be added. Therefore, tax to be deducted = ` 25,000 x 20.80%
= ` 5,200.
Answer 4
630
(a) In this case, since the programme is produced by the production house as per the
specifications given by Sony TV, a television channel, and the copyright is also
transferred to the television channel, the same falls within the scope of definition of
the term ‘work’ u/s 194C. Therefore, the payment of ` 50 lakhs made by Sony TV to
the production house would be subject to tax deduction at source u/s 194C.
If, however, the payment was made by Sony TV for acquisition of telecasting rights
of the content already produced by the production house, there is no contract for
‘carrying out any work’, as required u/s 194C(1). Therefore, such payment would not
be liable for tax deduction at source u/s 194C.
(b) The issue of whether fees/charges taken or retained by advertising companies from
media companies for canvasing/booking advertisements (typically 15% of the billing)
is ‘commission’ or ‘discount’ to attract the provisions of tax deduction at source has
been clarified by the CBDT vide its Circular No.5/2016 dated 29-02-2016.
The relationship between the media company and the advertising agency is that of
a ‘principal-to-principal’ and, therefore, not liable for TDS u/s 194H. In view of the
same, the CBDT has clarified that no liability to deduct tax is attracted on payments
made by television channels to the advertising agency for booking or procuring of or
canvassing for advertisements.
Accordingly, in view of the clarification given by CBDT, no tax is deductible at source
on the amount of ` 15 lakhs retained by Newbee Advertising Ltd., the advertising
company, from payment due to Sky TV, a television channel.
Answer 5
(a) As per Circular No. 23/2017 dated 19th July, 2017 issued by the CBDT, the GST paid
by the tenant does not partake the nature of income of the landlord. The landlord
only acts as a collecting agency for collection of GST. Therefore, tax deducted at
source u/s 194-I would be required to be made on the amount of rent paid or
payable excluding the amount of GST, i.e. tax has to be deducted u/s 194-I on ` 12
lakh.
(b) Tax is deductible @ 10% u/s 194-I.
(c) Hence, in the given case, TDS u/s 194-I would amount to ` 10,000, to be deducted
every month.
(d) Tax deducted should be deposited within prescribed time i.e. on or before seven days
from the end of the month in which the deduction is made and upto 30th April for
the month of March.
631
Answer 6
Since Mr. Chawla pays rent exceeding ` 50,000 p.m. in the F.Y. 2021-22, he is liable to
deduct tax at source @ 5% of such rent for F.Y. 2020-21 u/s 194-IB. Thus, ` 27,500 (`
55,000 x 5% x 10) has to be deducted from rent payable for March, 2022.
If Mr. Chawla vacated the premises in December, 2021, then tax of ` 19,250 (` 55,000 x
5% x7) has to be deducted from rent payable for December, 2021.
In case Mr. Sawla does not provide his PAN to Mr. Chawla, tax would be deductible @
20%, instead of 5%.
In case 1 above, this would amount to ` 1,10,000 (` 55,000 x 20% x 10) but the same has
to be restricted to ` 55,000, being rent for the month of March, 2022.
In case 2 above, this would amount to ` 77,000 [` 55,000 x 20% x 7] but the same has to
be restricted to ` 55,000, being rent for December, 2021.
Answer 7
TDS provisions u/s 194J would not get attracted, since the limit of ` 30,000 is applicable
for fees for professional services and fees for technical services, separately. It is assumed
that there is no other payment to Mr. Ranveer towards fees for professional services and
fees for technical services during the P.Y. 2021-22.
Answer 8
Interest u/s 201(1A) would be computed as follows:
Particulars `
1% on tax deductible but not deducted i.e., 1% on for 8 months ` 320
4,000 for 8 months (1.7.2021to 28.2.22)
1½% on tax deducted but not deposited i.e. 1½% on ` 9,000 for 4 540
months (28.2.22 till 22.6.22)
(Since part of a month considered full month)
Total Interest 860
Answer 9
(a) Since the rent paid for hire of machinery by Baba Ltd. to Mr. Tiger exceeds ` 2,40,000,
the provisions of section 194-I for deduction of tax at source are attracted.
The rate applicable for deduction of tax at source u/s 194-I on rent paid for hire of
plant and machinery is 2% assuming that Mr. Tiger had furnished his PAN to Baba
Ltd.
632
Therefore, the amount of tax to be deducted at source = ` 3,10,000 x 2% = ` 6200.
Note:
In case Mr. Tiger does not furnish his PAN to Baba Ltd., tax shall be deducted @ 20%
on ` 3,10,000, by virtue of provisions of section 206AA.
(b) As per the provisions of section 194J, a HUF is required to deduct tax at source on
fees paid for professional services only if it is subject to tax audit u/s 44AB in the F.Y.
preceding the current F.Y.
However, if such payment made for professional services is exclusively for the
personal purpose of any member of HUF, then, the liability to deduct tax is not
attracted.
Therefore, in the given case, even if Ramesh (HUF) is liable to tax audit in the
immediately preceding F.Y., the liability to deduct tax at source is not attracted in
this case since, the fees for professional service to Dr. Dubey is paid for a personal
purpose i.e. the surgery of a member of the family.
(c) Section 194J provides for deduction of tax at source @ 10% from any sum paid
by way of any remuneration or fees or commission, by whatever name called, to
a resident director, which is not in the nature of salary on which tax is deductible
u/s 192. The threshold limit of ` 30,000 upto which the provisions of tax deduction
at source are not attracted in respect of every other payment covered u/s 194J is,
however, not applicable in respect of sum paid to a director.
Therefore, tax @ 10% has to be deducted at source u/s 194J in respect of the sum of
` 19,000 paid by SSS & Co. Ltd. to its director.
Answer 10
(a) Section 194E provides that the person responsible for payment of any amount to a
non-resident sportsman for contribution of articles relating to any game or sport in
India in a newspaper has to deduct tax at source @ 20%. Further, since Alan Donald,
a South African cricketer, is a non-resident, health and education cess @4% on TDS
should also be added.
Therefore, tax to be deducted = ` 27,000 x 20.80% = ` 5,616.
(b) Provisions of tax deduction at source u/s 194C are attracted in respect of payment
by a company to a sub-contractor. U/s 194C, tax is deductible at the time of credit
or payment, whichever is earlier @ 1% if the payment is made to an individual or
HUF and 2% for others.
Assuming that sub-contractor to whom payment has been made is an individual
633
and the aggregate amount credited during the year is ` 4,20,000, tax is deductible
@ 1% on ` 4,20,000. Tax to be deducted = ` 4,20,000 x 1% = ` 4,200
(c) U/s 194BB, tax is to be deducted at source, if the winnings from horse races exceed
` 10,000. The rate of deduction of tax at source is 30%. Assuming that winnings are
paid to the residents, education cess @ 2% and secondary and higher education cess
@ 1% has not been added to the tax rate of 30%.
Hence, tax to be deducted = ` 1,50,000 x 30% = ` 45,000.
(d) As per section 194LA, any person responsible for payment to a resident, any sum in
the nature of compensation or consideration on account of compulsory acquisition
under any law, of any immovable property, is required to deduct tax at source @
10%, if such payment or the aggregate amount of such payments to the resident
during the F.Y. exceeds ` 2,50,000.
In the given case, there is no liability to deduct tax at source as the payment made
to Mr. Amit does not exceed ` 2,50,000.
Answer 11
As the turnover of Divyam for F.Y. 2020-21, i.e. ` 205 lakh, has exceeded the monetary
limit of ` 100 lakh prescribed u/s 44AB, he has to comply with the tax deduction provisions
during the F.Y. 2021-22, subject to, however, the exemptions provided for under the
relevant sections for applicability of TDS provisions.
Interest paid to Bank of India:
TDS u/s 194A is not attracted in respect of interest paid to a banking company.
Contract payment of ` 24,000 to Charan for 2 contracts of ` 12,000 each:
TDS provisions u/s 194C would not be attracted if the amount paid to a contractor does
not exceed ` 30,000 in a single payment or ` 1,00,000 in the aggregate during the F.Y.
Therefore, TDS provisions u/s 194C are not attracted in this case.
Shop Rent paid to one payee:
Tax has to be deducted u/s 194-I as the rental payment exceeds ` 2,40,000.
Commission paid to Nagraj:
No, tax has to be deducted u/s 194-H in this case as the commission does not exceed `
15,000.
634
ALTERNATE MINIMUM TAX
CONCEPT OF ALTERNATE MINIMUM TAX (‘AMT’)
Applicability of • Provisions of AMT are applicable to all assessees except

AMT companies provided the assessee has claimed benefit under
Provisions any of the following provisions:
 Deductions prescribed under ‘Heading C’ of Chapter VI-A
(other than Section 80P) {ie, Sections 80-IA to 80-IE,
80JJA, 80JJAA, 80LA, 80PA, 80QQB & 80RRB); or
 Section 10AA {Deduction/Exemption to SEZ Units}; or
 Section 35AD {Investment-Linked Deduction).
• However, in case of assessees taxable at slab rates (ie, Individual,
HUF, AOP/BOI/ Artificial Juridical Person), the provisions of AMT
would not be applicable if the ‘Adjusted Total Income’ of such
person does not exceed ` 20 lakhs. {Section 115JEE}
• The provisions are not applicable to a person who has exercised
the option u/s 115BAC
Important Note:
Provisions of Sections 80-IA to 80-IE, 80JJA, 80LA, 80P and 80PA
have been excluded from the scope of CA-Intermediate’s syllabus.
Therefore, the present discussion in relation to AMT is limited with
respect to deduction u/s 80JJAA, 80QQB, 80RRB, 10AA & 35AD only.
635
Tax Payable • Where the regular income tax payable for a financial year
As Per AMT computed as per the provisions of the Income Tax Act, 1961
Provisions is less than the AMT payable for such year, the ‘Adjusted Total
{Section 115JC} Income’ shall be deemed to be the total income of the person
and such person shall be liable to pay income tax on the
‘Adjusted Total Income’ @ 18.5%.
• In other words, a person to whom the provisions of AMT are
applicable, is liable to pay higher of the following two amounts:
 Regular income tax payable as per the normal provisions
of the Income Tax Act, 1961
 18.5% of ‘Adjusted Total Income
Calculation Of Total income computed as per the normal provisions XXX
‘Adjusted Total of the Income Tax Act, 1961
Income’
Add: Deduction u/s 80JJAA, 80QQB & 80RRB XXX
Add: Deduction/Exemption u/s 10AA XXX
Add: Deduction u/s 35AD XXX
Less: Depreciation allowable as per Section 32 (XXX)
assuming that deduction u/s 35AD was not allowed
on the assets on which deduction u/s 35AD has been
claimed
Adjusted Total Income XXXX
Tax Credit For • AMT paid in excess of the regular income tax computed under
AMT the normal provisions will be available as credit against future
{Section 115JD} tax liability.
• The AMT credit will be allowed to be carried forward and set-
off for a period of 15 years succeeding the year in which such
credit becomes available.
• Credit is allowed in the year in which regular tax is more than
AMT.
• The credit allowed to be set-off will be restricted to the
difference between the regular income tax computed under the
normal provisions and the AMT.
• In case where the assessee has not claimed any deduction u/s
80JJAA, 80QQB, 80RRB, 10AA or 35AD in any year and the
‘Adjusted Total Income’ of that year does not exceed ` 20 lakhs,
it would still be entitled to set-off his b/f AMT credit in that
year.
636
• The provisions are not applicable to a person who has exercised

the option u/s 115BAC
Audit Report • Assessee is required to obtain a report from a Chartered
Accountant certifying that ‘Adjusted Total Income’ and AMT
have been correctly computed.
• Such report is required to be furnished on or before the specified
date referred to in Section 44AB.
Illustration on AMT:
Mr X, an individual, set up a unit in Special Economic Zone (SEZ) in FY 2017-18 for
production of washing machines. The unit fulfills all the conditions of Section 10AA of
the Income Tax Act, 1961. During FY 2020-21, he has also set up a warehousing facility
in a district of Tamil Nadu for storage of agricultural produce. It fulfills all the conditions
of Section 35AD. Capital expenditure in respect of warehouse amounted to ` 75 lakhs
(including cost of land ` 10 lakhs). The warehouse became operational with effect from
1st April, 2021 and the expenditure of ` 75 lakhs was capitalized in the books on that
date.
Relevant details for FY 2021-22 are as follows:
Profit of unit located in SEZ 40,00,000
Export sales of above unit 80,00,000
Domestic sales of above unit 20,00,000
Profit from operation of warehousing facility (before considering 1,05,00,000
deduction u/s 35AD)
Compute income tax (including AMT u/s 115JC) payable by Mr X for AY 2022-23.
Solution
• Computation of Total Income & Tax Liability of Mr X (As Per Regular Provisions of
Income Tax Act, 1961):
Computation of Total Income Amount (`) Amount (`)
Profit from SEZ unit 40,00,000
Less: Exemption/Deduction u/s 10AA {40L x 80L / 100L} (32,00,000)
Business Income of SEZ Unit Chargeable to Tax 8,00,000
637
Profit from operation of warehousing facility 1,05,00,000

Less: Deduction u/s 35AD (75L – 10L Cost of Land) (65,00,000)
Business Income of Warehousing Facility Chargeable to 40,00,000
Tax
Computation of Tax Liability Amount (`)
Tax on ` 48,00,000 as per applicable slab rates 12,52,500
Add: Health & Education Cess @ 4% 50,100
Tax Liability 13,02,600
• Computation of ‘Adjusted Total Income’ & Tax Liability of Mr X

(As Per AMT Provisions):
Computation of ‘Adjusted Total Income’ Amount (`)
Total Income (As Computed Above) 48,00,000
Add: Deduction/Exemption u/s 10AA 32,00,000
Add: Deduction u/s 35AD 65,00,000
Less: Depreciation u/s 32 on Building (` 65L @ 10%) (Assumed that
the entire capital expenditure is incurred on building) (6,50,000)
‘Adjusted Total Income’ 1,38,50,000
Computation of Tax Liability Amount (`)
AMT @ 18.5% on ` 1,38,50,000 25,62,250
Add: Surcharge @ 15% (Since Adjusted Total Income exceeds ` 1 3,84,338
crore)
Tax + Surcharge 29,46,588
Add: Health & Education Cess @ 4% 1,17,863
Tax Liability u/s 115JC 30,64,451
Tax Liability u/s 115JC (Rounded off u/s 288B) 30,64,450
• CONCLUSION: Since the regular income tax payable is less than AMT payable, the
‘Adjusted Total Income’ shall be deemed to be the total income and accordingly,
the tax liability would come out to ` 30,64,450 (18.5% of Adjusted Total Income +
Applicable Surcharge + 4% H&EC).
638
• AMT Credit To Be Carried-Forward u/s 115JD

Tax Liability (As per Section 115JC) 30,64,450
Less: Tax Liability as per normal provisions (13,02,600)
(As per regular provisions of the Income Tax Act, 1961)
AMT Credit To Be Carried-Forward 17,61,850
639
COMPUTATION OF TOTAL
INCOME
Question 1
Miss Charlie, an American national, got married to Mr. Radhey of India in USA on 2.03.2021
and came to India for the first time on 16.03.2021. She left for USA on 19.9.2021. She
returned to India again on 27.03.2022. While in India, she had purchased a show room in
Mumbai on 22.04.2021, which was leased out to a company on a rent of ` 25,000 p.m.
from 1.05.2021. She had taken loan from a bank for purchase of this show room on which
bank had charged interest of ` 97,500 upto 31.03.2022. She had received the following
gifts from her relatives and friends during 1.4.2021 to 31.3.2022:
- From parents of husband ` 51,000
- From married sister of husband ` 11,000
- From two very close friends of her husband, ` 1,51,000 and ` 21000 ` 1,72,000
Determine her residential status and compute the total income chargeable to tax along
with the amount of tax payable on such income for the Assessment Year 2022-23.
Answer
Under section 6(1), an individual is said to be resident in India in any previous year, if he
satisfies any one of the following conditions:
(i) He has been in India during the previous year for a total period of 182 days or more,
or
(ii) He has been in India during the 4 years immediately preceding the previous year for
a total period of 365 days or more and has been in India for at least 60 days in the
previous year.
If an individual satisfies any one of the conditions mentioned above, he is a resident.
If both the above conditions are not satisfied, the individual is a non-resident.
Therefore, the residential status of Miss Charlie, an American National, for A.Y. 2022-23
has to be determined on the basis of her stay in India during the previous year relevant
to A.Y. 2022-23 i.e. P.Y. 2021-22 and in the preceding four assessment year.
640
P.Y. 2021-22
01.04.2021 to 19.09.2021 172 days
27.03.2022 to 31.03.2022 5 days
Total 177 days
Four preceding previous years
P.Y. 2020-21 [1.4.2020 to 31.3.2021] 16 days
P.Y. 2019-20 [1.4.2019 to 31.3.2020] Nil
P.Y. 2018-19 [ 1.4.2018 to 31.3.2019] Nil
P.Y. 2017-18 [ 1.4.2017 to 31.3.2018] Nil
Total 16 days
The total stay of the assessee during the previous year in India was less than 182 days
and during the four years preceding this year was for 16 days. Therefore, due on non-
fulfillment of any of the two conditions for a resident, she would be treated as non-
resident for the Assessment Year 2022-23.
Computation of total income of Miss Charile for the A.Y. 2022-23
Particulars ` `
Show room located in Mumbai remained on rent from 2,75,000
01.05.2021 to 31.03.2022 @ ` 25,000/-p.m.
Gross Annual Value [` 25,000 x 11] (See Note 1 below)
Less: Municipal taxes (Nil)
Net Annual Value (NAV) 2,75,000
Less: Deduction under section 24
30% of NAV 82,500
Interest on loan 97,500 (1,80,000) 95,000
Gifts received from non-relatives is chargeable to tax as per
section 56(2)(x) if the aggregate value of such gifts exceeds
` 50,000
- ` 51,000 received from parents of husband would be Nil
exempt, since parents of husband fall within the
definition of ‘relatives’ and gifts from a relative are
not chargeable to tax
641
- ` 11,000 received from married sister of husband is Nil

exempt, since sister-in-law falls within the definition
of relative and gifts from a relative are not chargeable
to tax
- Gift received from two friends of husband ` 1,51,000 and 1,72,000 1,72,000
` 21,000 aggregating to ` 1,72,000 is taxable under
section 56(2)(x) since the ag gregate of ` 1,72,000
exceeds ` 50,000. (See Note 2 below)
Computation of tax payable by Miss Charile for the A.Y. 2022-23

Particulars `
Tax on total income of ` 2,67,000 850

Add: Health and Education cess @ 4% 34
Total tax payable 884
Rounded off u/s 288B 880
Notes:
1. Actual rent received has been taken as the gross annual value in the absence of
other information (i.e. Municipal value, fair rental value and standard rent) in the
question.
2. If the aggregate value of taxable gifts received from on-relatives exceeds ` 50,000
during the year, the entire amount received (i.e. the aggregate value of taxable gifts
received) is taxable. Therefore, the entire amount of ` 1,72,000 is taxable under
section 56(2)(x).
3. Since Miss Charlie is a non-resident for the A.Y. 2022-23, rebate under section 87A
would not be available to her, even though her total income is less than ` 5 lacs.
Question 2
Dr. Niranjana, a resident individual. Aged 60 years is running a clinic. Her Income and
Expenditure Account for the year ending March 31, 2022 is as under:
Expenditure ` Income `
To Medicine consumed 35,38,400 By Consultation and medical 58,85,850
charges
To Staff Salary 13,80,000 By Income-tax refund 5,450
642
To clinic consumables 1,10,000 (principal ` 5,000, interest

` 450)
To Rent paid 90,000
To Administrative expenses 2,55,000 By Winning from game 35,000
show on T.V. (net of TDS of
` 15,000)
To Amount paid to 1,50,000 By rent 27,000
scientific research
association approved
under section 35
To Net profit 4,29,900
59,53,300 59,53,300
(i) Rent paid includes ` 30,000 paid by cheque towards rent for her residential house in
Surat.
(ii) Clinic equipment’s are:
1.4.2021 Opening W.D.V ` 5,00,000
7.12.2021 Acquired (cost) by cheque ` 2,00,000
(iii) Rent received relates to property situated at Surat. Gross Annual Value ` 27,000. The
municipal tax of ` 2,000, paid in December, 2021, has been included in “administrative
expenses”.
(iv) She received salary of ` 7,500 p.m. from “Full Cure Hospital” which has not been
included in the “consultation and medical charges”.
(v) Dr. Niranjana availed a long of ` 5,00,000 from a bank for higher education of her
daughter. She repaid principal of ` 1,00,000, and interest thereon ` 55,000 during
the year 2021-22.
(vi) She paid ` 1,00,000 as tuition fee (not in the nature of development fees / donation)
to the university for full time education of her daughter.
(vii) An amount of ` 28,000 has also been paid by cheque on 27th March, 2022 for her
medical insurance premium.
From the above, compute the total income of Dr. Smt. Niranjana for the A.Y. 2022-
23.
643
Answer
Computation of total income and tax liability of Dr. Niranajana for A.Y. 2022-23
Particulars ` ` `
I Income from Salary
Basic Salary (` 7,500 x 12) 90,000
Less: Standard deduction under section 16(ia) (50,000) 40,000
II Income from house property
Gross Annual Value (GAV) 27,000
Less: Municipal taxes paid (2,000)
III Net Annual Value (NAV) 25,000
Less: Deduction u/s 24 @ 30% of ` 25,000 (7,500) 17,500
Income from profession
Net profit as per Income and Expenditure ac- 4,29,900
count
Less: Items of income to be treated separately
(i) Rent received 27,000
(ii) Winning from game show on T.V. (net of 35,000
TDS)
(iii) Income tax refund 5,450 (67,450)
3,62,450
Less: Allowable expenditure
Depreciation on Clinic equipment’s
On ` 5,00,000 @ 15% 75,000
On ` 2,00,000 @ 7.5% 15,000 (90,000)
(On equipment’s acquired during the year in
December 2021, she is entitled to depreciation
@ 50% of normal depreciation, since the same
are put to use for less than 180 days during
the year)
2,72,450
Add: Items of expenditure not allowable while
computing business income
(i) Rent for her residential accommodation
included in Income and Expenditure A/c 30,000
(ii) Municipal tax paid relating to residential
house at Surat included in administrative
expenses 2,000 32,000 3,04,450
644
(a) Interest of income-tax refund 450

(b) Winnings from the game show on T.V.
(` 35,000 + ` 15,000) 50,000 50,450
4,12,400
Gross Total Income
Less:: Deductions under Chapter VI A:
(a) Section 80C – Tuition fee paid to university 1,00,000
for full time education of her daughter
(b) Section 80D – Medical insurance premium 28,000
(fully allowed since she is a senior citizen)
(c) Section 80E – Interest on loan taken for
higher education is deductible 55,000 (1,83,000)
Notes:
(i) The principal amount received towards income-tax refund will be excluded from
computation of total income. Interest received will be taxed under the head “Income
from other sources”.
(ii) Winning from gate show on T.V should be grossed up for the chargeability under
the head “Income from other sources” (` 35,000 + ` 15,000). Thereafter, while
computing tax liability, TDS of ` 15,000 should be deducted to arrive at the tax
payable. Winnings from game show are subject to tax @ 30% as per section 115BB.
(iii) Since Dr. Niranjana is staying in a rented premise in Surat itself, she would not be
eligible for deduction u/s 80GG, as she owns a house in Surat which she has let out.
Question 3
Ms. Purvi, aged 55 years, is a Chartered Accountant in practice. She maintains her accounts
on cash basis. Her Income and Expenditure account for the year ended March 31, 2022
read as follows:
Expenditure (`) Income (`) (`)
Salary to staff 15,50,000 Fees earned
Stipend to articled 1,37,000 Audit 27,88,000
Assistants Taxation services 15,40,300
Incentive to articled 13,000 Consultancy 12,70,000 55,98,300
assistants
645
Office rent 12,24,000 Share of profit from

partnership firm 18,124
Printing and stationery 12,22,000 Honorarium received from
31,600 various institutions for
valuation of answer
papers 15,800
Rent received from
residential flat let out 85,600
Purchase of Car 80,000
Repair, maintenance 4,000
and petrol of Car
Traveling expenses 5,25,000
Municipal tax paid 3,000
in respect of house
property
Net Profit 9,28,224
57,17,824 57,17,824
Other Information:
(i) Allowable rate of depreciation on motor car is 15%.
(ii) Value of benefits received from clients during the course of profession is ` 10,500.
(iii) Incentives to articled assistants represent amount paid to two articled assistants for
passing IPCC Examination at first attempt.
(iv) Repairs and maintenance of car include ` 2,000 for the period from 1-10-2021 to
30-09-2022.
(v) Salary include ` 30,000 to a compute specialist in cash for assisting Ms. Purvi in one
professional assignment.
(vi) The travelling expenses include expenditure incurred on foreign tour of ` 32,000
which was within the RBI norms.
(vii) Medical Insurance Premium on the health of dependent brother and major son
dependent on her amounts to ` 5,000 and ` 10,000, respectively, paid in cash.
(viii) She invested an amount of ` 10,000 in National Saving Certificate.
Compute the total income and tax payable of Ms. Purvi for the assessment year 2022-23.
646
Answer
Computation of total income and tax liability of Ms. Purvi for the A.Y. 2022-23
Particulars ` `
Income from house property (See Working Note 1) 57,820
Profit and gains of business or profession (See Working Note 2) 9,20,200
Income from other sources (See Working Note 3) 15,800
Less: Deductions under Chapter VI-A (See Working Note 4) (10,000)
Tax on total income
Upto ` 2,50,000 Nil
` 2,50,001 – ` 5,00,000 @ 5% 12,500
` 5,00,001 – ` 9,83,820 @ 20% 96,764 1,09,264

Tax Payable 1,13,640
Working Notes:
(1) Income from House Property
Particulars ` `
Gross Annual Value under section 23(1) 85,600
Net Annual Value (NAV) 82,600
Less: Deduction under section 24 @ 30% of NAV (24,780) 57,820
(2) Income under the head “Profits & Gains of Business or Profession”
Particulars ` `
Net profit as per Income and Expenditure account 9,28,224
Add: Expenses debited but not allowable
(i) Salary paid to computer specialist in cash 30,000
disallowed under section 40A(3), since such cash
payment exceeds ` 10,000
(ii) Amount paid for purchase of car is not allowable 80,000
under section 37(1) since it is a capital expenditure
(iii) Municipal Taxes paid in respect of residential flat 3,000
let out 1,13,000
647
10,41,224
Add: Value of benefit received from clients during the
course of profession [taxable as business income
under section 28(iv)] 10,500
10,51,724
Less: Income credited but not taxable under this head
(i) Share of profit from partnership firm 18,124
(ii) Honorarium for valuation of answer papers 15,800
(iii) Rent received from letting out of residential flat 85,600 (1,19,524)
9,32,200
Less: Depreciation on motor car @ 15% (See Note (i)
below) (12,000)
9,20,200
Notes :
(i) It has been assumed that the motor car was put to use for more than 180 days
during the previous year and hence, full depreciation @ 15% has been provided
for under section 32(1)(ii).
(ii) Incentive to articled assistants for passing IPCC examination in their first
attempt is deductible under section 37(1).
(iii) Repairs and maintenance paid in advance for the period 1.4.2022 to 30.9.2022
i.e. for 6 months amounting to ` 1,000 is allowable since Ms. Purvi is following
the cash system of accounting.
(iv)
` 32,000 expended on foreign tour is allowable as deduction assuming that it
was incurred in connection with her professional work. Since it has already been
debited to income and expenditure account, no further adjustment is required.
(3) Income from other sources

Particulars ` `
Share of profit from partnership firm 18,124
Less: Exempt under section 10(2A) (18,124) Nil
Honorarium for valuation of answer papers 15,800
15,800
648
(4) Deduction under Chapter VI-A:

Particulars `
Deduction under section 80C (Investment in NSC) 10,000
Deduction under section 80D (See Notes (i) & (ii) below) Nil
Total deduction under Chapter VI-A 10,000
Notes:
(i) Premium paid to insure the health of brother is not eligible for deduction under
section 80D, even though he is a dependent, since brother is not included in the
definition of “family” under section 80D.
(ii) Premium paid to insure the health of major son is not eligible for deduction,
even though he is a dependent, since payment is made in cash.
Question 4
Mr. Y carries on his own business. An analysis of his trading and profit & loss for the year
ended 31-3-2022 revealed the following information:
(1) The net profit was ` 11,20,000.
(2) The following incomes were credited in the profit and loss account:
(a) Share of profit from partnership firm ` 22,000
(b) Interest on debentures ` 17,500.
(c) Winnings from races ` 15,000.
(3) It was found that some stocks were omitted to be included in both the opening and
closing stocks, the value of which were:
Opening stock ` 58,000.
Closing stock ` 12,000.
(4) ` 1,00,000 was debited in the profit and loss account, being contribution to a
University approved and notified under section 35(1)(ii).
(5) Salary includes ` 20,000 paid to his brother which is unreasonable to the extent of
` 2,500.
(6) Advertisement expenses include 15 gift packets of dry fruits costing ` 1,000 per
packet presented to important customers.
(7) Total expenses on car was ` 78,000. The car was used both for business and personal
purposes. 3/4th is for business purposes.
(8) Miscellaneous expenses included ` 30,000 paid to A &Co., a goods transport operator
in cash on 31-1-2022 for distribution of the company’s product to the warehouses.
(9) Depreciation debited in the books was ` 55,00. Depreciation allowed as per income-
tax Rules, 1962 was ` 50,000.
649
(10) Drawings ` 10,000.

(11) Investment in NSC ` 15,000.
Compute the total income of Mr. Y for the assessment year 2022-23.
Answer
Computation of total income of Mr. Y for the A.Y. 2022-23
Particulars `
Profits and gains of business or profession (See Working Note 1 below) 10,71,500
Income from other sources (See Working Note 2 below) 32,500
Less: Deduction under section 80C (Investment in NSC) (15,000)
Working Notes:
1. Computation of profits and gains of business or profession
Particulars ` `
Net profit as per profit and loss account 11,20,000
Add: Expenses debited to profit and loss account but not
allowable as deduction
Salary paid to brother disallowed to the extent 2,500
considered unreasonable [Section 40A(2)]
Motor car expenses attributable to personal use not 19,500
allowable (Rs. 78,000 x ¼)
Depreciation debited in the books of account 55,000
Drawings (not allowable since it is personal in nature) 10,000
[See Note (iii)]
Investment in NSC [See Note (iii) 15,000 1,02,000

12,22,000
Add: Under statement of closing stock 12,000
12,34,000
Less: Under statement of opening stock (58,000)
11,76,000
Less: Incomes credited to profit and loss account but
not taxable as business Income
Share of profit from partnership firm 22,000
(Exempt under section 10(2A)]
650
Interest on debentures (taxable under the head 17,500

“Income from other sources”)
Winnings from races (taxable under the head
Income from other sources”) 15, 000 (54,500)
11,21,500
Less: Depreciation allowable under the Income-tax
Rules, 1962 (50,000)
10,71,500
2. Computation of “Income from other sources”

Particulars `
Interest on debentures 17,500

Winnings from races 15,000
32,500
Notes:
The following assumptions have been made in the above solution:
1. The figures of interest on debentures and winnings from races represent the
gross income (i.e., amount received plus tax deducted at source).
2. In point no. 9 of the question, it has been given that depreciation as per Income-
tax Rules, 1962 is ` 50,000. It has been assumed that, in the said figure of `
50,000, only proportional depreciation (i.e., 75% for business purposes) has
been included in respect of motor car.
Question 5
Balamurugan furnishes the following information for the year ended 31-03-2022:
Particulars `
Income from business (1,35,000)
Income from house property (15,000)
Lottery winning (Gross) 5,00,000
Speculation business income 1,00,000
Income by way of salary (Computed) 60,000
Long term capital gain u/s 112 70,000
Compute his total income, tax liability and advance tax obligations.
651
Answer
Computation of total income of Balamurugan for the year ended 31.03.2022
Particulars ` `
Salaries 60,000
Less: Loss from house property (15,000)
Net Salary (after set off of loss from house property) 45,000
Speculation business income 1,00,000
Less: Business loss set-off (1,35,000)
Net business loss to be set-off against long-term capital (35,000)
gain
Capital Gains
Less: Business loss set-off u/s 71 (35, 000)
35,000
Long term capital gain after setoff of business loss
Lottery winnings (Gross) 5,00,000
Computation of tax liability

Particulars `
On total income of Rs. 80,000 (excluding lottery winning) Nil
On lottery winnings of Rs. 5,00,000 @ 30% 1,50,000
The assessee need not pay advance tax since the total income (excluding lottery income)
liable to tax is below the basic exemption limit. Further, in respect of lottery income, tax
would have been deducted at source @ 30% under section 194B. Since the remaining tax
liability of ` 6,000 (` 1,56,000 – ` 1,50,000) is less than ` 10,000, advance tax liability is
not attracted.
Notes:
(1) The basic exemption limit of ` 2,50,000 has to be first exhausted against salary
income of ` 45,000. The unexhausted basic exemption limit of ` 2,05,000 can be
adjusted against long-term capital gains of ` 35,000 as per section 112, but not
against lottery winnings which are taxable at a flat rate of 30% under section 115BB.
(2) The first proviso to section 234C(1) provides that since it is not possible for the
652
assessee to estimate his income from lotteries, the entire amount of tax payable
(after considering TDS) on such income should be paid in the remaining instalments
of advance tax which are due. Where no such instalment is due, the entire tax should
be paid by 31st March, 2022. The first proviso to section 234C(1) would be attracted
only in case of non-deduction or short-deduction of tax at source under section
194B.
Question 6
Mr. Rajiv, aged 50 years, a resident individual and practicing Chartered Accountant,
furnishes you the receipts and payments account for the financial year 2021-22.
Receipts and Payments Account
Opening balance (1.4.2021) 12,000 Staff salary, bonus and 21,50,000
stipend to articled clerks
Cash on hand and at Bank Other administrative 11,48,000
expenses
Fee from professional services 59,38,000 Office rent 30,000
Rent 50,000 Housing loan repaid to SBI 1,88,000
(includes interest of ` 88,000)
Motor car loan from Canara 2,50,000 Life insurance premium 24,000
Bank (@ 9% p.a.)
Motor car (acquired in Jan. 4,25,000
2020 by A/c payee cheque)
Medical insurance premium 18,000
(for self and wife)
Books bought on 1.7.2021 20,000
(annual publications by A/c
payee cheque)
Computer acquired on 30,000
1.11.2021 by A/c payee
cheque (for professional use)
Domestic drawings 2,72,000
Public provident fund 20,000
subscription
Motor car maintenance 10,000
Closing balance (31.3.2022) 19,15,000
Cash on hand and at Bank
62,50,000 62,50,000
653
Following further information is given to you:

(1) He occupies 50% of the building for own residence and let out the balance for
residential use at a monthly rent of ` 5,000. The building was constructed during
the year 1997-98, when the housing loan was taken.
(2) Motor car was put to use both for official and personal purpose. One-fifth of the
motor car use is for personal purpose. No car loan interest was paid during the year.
(3) The written down value of assets as on 1-4-2021 are given below:
Furniture & Fittings ` 60,000
Plant & Machinery ` 80,000
(Air-conditioners, Photocopiers, etc.)
Computers ` 50,000
Note: Mr. Rajiv follows regularly the cash system of accounting.
Compute the total income of Mr. Rajiv for the assessment year 2022-23.
Answer
Computation of total income of Mr. Rajiv for the assessment year 2022-23
Particulars ` ` `
Self-occupied
Annual value Nil
Less: Deduction under section 24(b) interest on
housing loan
50% of ` 88,000 = 44,000 but limited to Loss
from self - occupied property (30,000)
Let out property (30,000)
Annual value (Rent receivable has been taken 60,000
as the annual value in the absence of other
information)
30% of Net Annual Value (18,000)
Interest on housing loan (50% of ` 88,000) (44,000) (2,000)
Loss from house property (32,000)
Fees from professional services 59,38,000
Less: Expenses allowable as deduction
Staff salary, bonus and stipend 21,50,000
654
Other administrative expenses 11,48,000

Office rent 30,000
Motor car maintenance (10,000 x 4/5) 8,000
Car loan interest – not allowable (since the
same has not been paid and the assessee
follows cash system of accounting) Nil (33,36,000)
26,02,000
Motor car ` 4,25,000 x 7.5% x 4/5 25,500
Books being annual publications @ 40% 8,000
Furniture and fittings @ 10% of ` 60,000 6,000
Plant and machinery @ 15% of ` 80,000 12,000
Computer @ 40% of ` 50,000 20,000
Computer (New) ` 30,000 @ 40% x 50% 6,000 (77,500) 25,24,500
Gross Total income 24,92,500

Housing loan principal repayment 1,00,000
PPF subscription 20,000
Life insurance premium 24,000
Total amount of ` 1,44,000 is allowed as 1,44,000
deduction since it is within the limit of `
1,50,000
Deduction under section 80D
Medical insurance premium paid ` 18,000 18,000 (1,62,000)
Question 7
From the following details, compute the total income of Siddhant of Delhi for the A.Y.
2022-23:
Particulars `
Salary including dearness allowance 3,35,000
Bonus received 11,000
Salary of servant provided by the employer 12,000
Rent paid by Siddhant for his accommodation cost at the above flat 49,600
Bills paid by the employer for gas, electricity and water provided free of 11,000
cost at the above flat
655
Siddhant purchased a flat in a co-operative housing society in Delhi for ` 4,75,000 in

April, 2012, which was financed by a loan from Life Insurance Corporation of India of `
1,60,000 @ 15% interest, his own savings of ` 65,000 and a deposit from a nationalized
bank for ` 2,50,000 to whom this flat was given on lease for ten years. The rent payable
by the bank was ` 3,500 per month. The following particulars are relevant:
(a) Municipal taxes paid by Mr. Siddhant ` 4,300 (per annum)
(b)
House Insurance ` 860
(c) He earned ` 2,700 in share speculation business and lost ` 4,200 in cotton speculation
business.
(d) In the year 2016-17, he had gifted ` 30,000 to his wife and ` 20,000 to his son who
was aged 11. The gifted amounts were advanced to Mr. Rajesh, who was paying
interest @ 19% per annum.
(e) Siddhant received a gift of ` 25,000 each from four friends.
(f) He contributed ` 50,000 to Public Provident Fund.
Answer
Computation of total income and tax liability of Siddhant For the A.Y. 2022-23
Particulars ` `
Salary Income
Salary including dearness allowance 3,35,000
Value of perquisites
(i) Salary of servant 12,000
(ii) Free gas, electricity and water 11,000 23,000
3,69,000
Less: Standard deduction under section 16(ia) (50,000)
3,19,000
Gross Annual Value (GAV) (Rent receivable is taken as
GAV in the absence of other information) (` 3,500 x 12) 42,000
(i) 30% of NAV ` 11,310
(ii) Interest on loan from LIC @ 15% of ` 24,000 (35,310) 2,390
` 1,60,000 [See Note 2]
Income from speculative business
656
Income from share speculation business 2,700

Less: Loss from cotton speculation business (4,200)
Net Loss (1,500)
Net loss from speculative business has to be carried forward
as it cannot be set off against any other head of income
(i) Income on account of interest earned from advancing 3,800
money gifted to his minor son is includible in the hands
of Siddhant as per section 64(1A)
Less: Exempt under section 10(32) (1,500)
2,300
(ii) Interest income earned from advancing money gifted 5,700
to wife to be clubbed with the income of the assessee
as per section 64(1)(iv)
(iii) Gift received from four friends (taxable under section 1,00,000 1,08,000
56(2)(x) as the aggregate amount received during the
year exceeds ` 50,000)
Less: Deduction under section 80C
Contribution to Public Provident Fund (50,000)
Notes:
(1) It is assumed that the entire loan of `1,60,000 is outstanding as on 31.3.2022;
(2) Since Siddharth’s own flat in a co-operative housing society, which he has rented
out to a nationalized bank, is also in Delhi, he is not eligible for deduction under
section 80GG in respect of rent paid by him for his accommodation in Delhi, since of
the conditions to be satisfied for claiming deduction under section 80GG is that the
assessee should not own any residential accommodation in the same place.
Question 8.
Ramdin working as Manager (Sales) with Frozen Foods Ltd., provides the following
- Basic Salary ` 15,000 p.m.
- DA (50% of it is meant for retirement benefits) ` 12,000 p.m.
- Commission as a percentage of turnover of the Company 0.5 %
- Turnover of the Company ` 50 lacs
657
- Bonus received ` 50,000

- Gratuity ` 30,000
- Own Contribution to R.P.F. ` 30,000
- Employer’s contribution to R.P.F. 20% of basic salary
- Interest credited in the R.P.F. account @ ` 15% p.a. ` 15,000
- Gold Ring worth ` 10,000 was given by employer on his 25th wedding anniversary.
- Music System purchased on 01.04.2021 by the company for ` 85,000 and was given
to him for personal use.
- Two old light goods vehicles owned by him were leased to a transport company
against the fixed charges of ` 6,500 p.m. Books of account are not maintained.
- Received interest of ` 5,860 on bank FDRs and interest of ` 6,786 (Net) from the
debentures of Indian Companies.
- Made payment by cheques of ` 15,370 towards premium on Life Insurance polices
and ` 22,500 for Mediclaim Insurance policy for self and spouse.
- Invested in NSC ` 30,000 and in FDR of SBI for 5 years ` 50,000.
- Donations of ` 11,000 to an institution approved u/s 80G and of ` 5,100 to Prime
Minister’s National Relief Fund were given during the year by way of cheque.
Compute the total income thereon for the A.Y. 2022-23.
Answer Computation of Total Income for the A.Y. 2022-23

Particulars ` `
Income from Salaries
Basic Salary (` 15,000 x 12) 1,80,000
Dearness Allowance (` 12,000 x 12) 1,44,000
Commission on Turnover (0.5 of ` 50 lacs) 25,000
Gratuity (See Note 1) 30,000
Employer’s contribution to recognized provident fund
Actual contribution [20% of ` 1,80,000] 36,000
Less: Exempt (See Note 2) (33,240) 2,760
Interest credited in recognized provident fund account @ 15,000
15% p.a.
Less: Exempt upto 9.5% p.a. (9,500) 5,500
Gift of gold ring worth ` 10,000 on 25th wedding anniversary 10,000
by employer (See Note 3)
Perquisite value of music system given for personal use 8,500
(being 10% of actual cost) i.e. 10% of ` 85,000
658
4,55,760
Less: Standard deduction under section 16(ia) (50,000)
4,05,760
Profits and Gains of Business or Profession
Lease of 2 light goods vehicles on contract basis against
fixed charges of ` 6,500 p.m. In this case, presumptive
tax provisions of section 44AE will apply i.e. ` 7,500 p.m.
for each of the two light goods vehicle (`7,500 x 2 x 12).
He cannot claim lower profits and gains since he has not
maintained books of account. 1,80,000
Interest on bank FDRs 5,860
Interest from debentures
(` 6786 x 100/90) recd. 90% : 6786
(+) T.D.S. 10% 754 7,540 13,400
Less: Deductions under Chapter VI-A
Section 80C
Premium on life insurance policy 15,370
Investment in NSC 30,000
FDR of SBI for 5 years 50,000
Employee’s contribution to recognized provident fund 30,000 (1,25,370)
Section 80D – Mediclaim Insurance (22,500)
Section 80G (See Note 4) (10,600)
Notes:
1. Gratuity received during service is fully taxable.
2. Employer’s contribution in the recognized provident fund is exempt up to 12% of the
salary i.e. 12% of (Basic Salary + DA for retirement benefits + Commission based on
turnover)
= 12% of (` 1,80,000 + (50% of ` 1,44,000) + ` 25,000)
= 12% of 2,77,000 = ` 33,240
3. An alternative view possible is that only the sum is excess of ` 5,000 is taxable in
view of the language of Circular No. 15/2001 dated 12.12.2001 that such gifts upto
` 5,000 in the aggregate per annum would be exempt, beyond which it would be
taxes as a perquisite. As per this view, the value of perquisite would be ` 5,000. In
659
such a case the Income from Salaries would be ` 4,10,760.
4. Deduction under section 80G is computed as under:

Particulars `
Donation to PM National Relief Fund (100%) 5,100
Donation to institution approved under section 80G (50% of ` 5,500
11,000) (amount contributed ` 11,000 or 10% of Adjusted Gross Total
Income of 4,51,290 i.e. ` 45,129, whichever is lower)
Total deduction 10,600
Adjusted Gross Total Income = Gross Total Income – Deductions under section 80C
and 80D = ` 5,99,160 – ` 1,47,870 = ` 4,51,290.
660
HOMEWORK PROBLEMS
Question 1
Mr. Venus provides the following details for the financial year 2021-22:
(i) Salary from HNL Ltd. ` 50,000 p.m.
(ii) Interest on FD with SBI (Net of TDS) ` 72,000
(iii) Long-term capital loss of A.Y. 2016-17 ` 96,000
(iv)
Long term capital gain ` 75,000
(v) Loss of minor son ` 90,000 computed in accordance with the provisions of Income-
tax Act, 1961. Mr. Venus transferred his own house to his minor son without adequate
consideration few years back and minor son let it out and suffered loss.
(vi) Loss of his wife's business (She carried business with funds which Mr. Venus gifted to
her) ` (2,00,000).
You are required to compute the taxable income of Mr. Venus for the A.Y. 2022-23.
Question 2
Mrs. Ann provides the following information for the financial year ending 31.03.2022.
Compute her total income and tax payable thereon for the A.Y. 2022-23 as per the
Income-tax Act 1961.
Income/Receipts:
(1) Salary from M/s. Prominent Technologies - ` 60,000 p.m.
(2) She is in receipt of HRA, ` 15,000 p.m. and educational allowance of ` 1,500 p.m.
for all the three of her children.
(3) She bought a light truck on 01-08-2021 and has been letting it on hire. She does
not maintain books of account for this business. But she declares for income-tax
purpose, that she is earning a net income after all expenses of ` 11,000 p.m. from
this business.
(4) She received ` 8,500 as interest on Post Office Savings Account.
(5) She received ` 25,000 as interest from Company Deposits.
(6) Amounts withdrawn from National Savings Scheme, 1992 (Principal ` 20,000 &
Interest ` 35,000)
Expenses / Payments:
(1) Interest payable to bank ` 1,000 p.m. on loan for the purchase of truck.
(2) Total interest paid to bank for loan borrowed for investing in company deposits is `
5,000.
(3) Rent paid for residence is ` 18,000 p.m.
661
(4) Tuition fees paid for the year 2021-22 for her three children is ` 50,000, ` 30,000
and ` 20,000, respectively, to educational institution situated in India.
(5) Deposit in 5 years Post Office Recurring Deposit Scheme ` 50,000.
(6) Medical insurance premium for her and for her husband is ` 30,000 (paid by cheque)
and ` 25,000 (paid by cash), respectively.
Question 3
Mr. Vishal is a resident individual. His Profit & Loss A/c for the year ended 31st March,
2022 is given below:
To Staff Salary 3,57,500 By Gross profit 13,55,500
To Office Rent 78,000 By Interest on Post Office 98,400
Monthly Income scheme
To Administrative Expenses 2,14,000 By Bank F.D. interest
To Income-tax 1,60,000 (Net of TDS ` 7,000) 63,000
To Depreciation 67,500 By Rent (on let out property) 66,000
To Net Profit 7,23,400 By Winning from lotteries
(Net of TDS ` 7,500) 17,500
16,00,400 16,00,400
Following further information is given to you:
(i) He deposited ` 1,50,000 into his PPF A/c on 27-03-2022.
(ii) He received annual salary of ` 1,20,000 and annual Commission of ` 60,000 from a
partnership firm in the capacity of working partner. It is fully chargeable to tax u/s
28(v).
(iii) Received pension of ` 72,500 from LIC of India.
(iv) Paid medical insurance premium of ` 26,850. The medical insurance was for self. Mr.
Vishal is not a senior citizen.
(v) Life Insurance Premium of ` 25,000 was paid on the policy standing in the name of
his wife Mrs. Sujatha.
(vi) Administrative expenses include ` 5,000 being municipal tax on let out property.
(vii) Depreciation eligible as per the Income-tax Act, 1961 amounts to ` 57,000.
Compute the total income of Mr. Vishal for the Assessment year 2022-23.
662
Question 4
Mr. A, has furnished the following particulars relating to his house properties:
Particulars House-I Self-occupied Let-out
Municipal valuation 60,000 1,20,000
Fair rent 90,000 1,50,000
Standard rent 75,000 90,000
Actual rent p.m. - 9,000
Municipal taxes paid 6,000 12,000
Interest on capital borrowed 70,000 90,000
Loan for both houses were taken on 01.04.2010. House-II remained vacant for 4 months.
Besides the above two houses, A has inherited during the year an old house from his
grandfather. Due to business commitments, he sold the house immediately for a sum of `
250 lakhs. The house was purchased in 1980 by his grandfather for a sum of Rs. 2 lakhs.
However, the FMV as on 01.04.2001 was ` 20 lakhs. With the sale proceeds, A purchased
a new house in March, 2022 for a sum of ` 100 lakhs and the balance was used in his
business.
The other income particulars of Mr. A besides the above are as follows (A.Y. 2022-23)
Business loss ` 2 lakhs
Income from other sources (Fixed Deposit interest) ` 1 lakh
Deposit made during the year in PPF A/c ` 1,00,000
Cost inflation index (F.Y. 2021-22) 317
Compute the total income of Mr. A who is a resident senior citizen and his tax liability for
the A.Y. 2022-23.
Question 5
From the following particulars furnished by Mr. X for the year ended 31-03-2022, you are
requested to compute his total income and tax payable for the A.Y. 2022-23.
(a) Mr. X retired on 31-12-2021 at the age of 58, after putting in 25 years and 9 months
of service, from a private company at Mumbai.
(b) He was paid a salary of ` 25,000 p.m. and house rent allowance of ` 6,000 p.m. He
paid rent of ` 6,500 p.m. during his tenure of service.
(c) On retirement, he was paid a gratuity of ` 3,50,000. He was not covered by the
payment of Gratuity Act. His average salary in this regard may be taken as ` 24,500.
Mr. X had not received any other gratuity at any point of time earlier, other than this
gratuity.
(d) He had accumulated leave of 15 days per annum during the period of his service;
663
this was encashed by Mr. X at the time of his retirement. A sum of ` 3,15,000 was
received by him in this regard. His average salary may be taken as ` 24,500. Employer
allowed 30 days leave p.a.
(e) After retirement, he ventured into textile business and incurred a loss of ` 80,000
for the period up to 31-03-2022.
(f) Mr. X has invested ` 62,500 in PPF & ` 37,500 in NSC.
Question 6
(1) Mr. Anant owns a property consisting of two blocks of identical size. The 1st block is
used for business purposes. The other block has been let-out from 01-04-2021 to
his cousin for ` 10,000 p.m. The cost of construction of each block is ` 5 lakhs (fully
met from bank loan), rate of interest on bank loan is 10% p.a. The construction was
completed on 31-03-2021. During the year ended 31-03-2022, he had to pay a
penal interest of ` 2,000 in respect of each block on account of delayed payments to
the bank for the borrowings. The normal interest paid by him in respect of each block
was ` 42,000. Principal repayment for each block was ` 23,000 made at the end of
the year. An identical block in the same neighbourhood fetches a rent of ` 15,000
p.m. Municipal tax paid in respect of each block was ` 12,000.
(2) The income computed in respect of business prior to adjustment towards depreciation
on any asset is ` 2,20,000. Depreciation on equipments used for business is ` 30,000.
(3) On 23-03-2022, he sold shares of B Ltd., a listed share in BSE for ` 2,30,000. The
share had been purchased 10 months back for ` 1,80,000. STT paid at the time of
sale may be taken as ` 220.
(4) Brought-forward business loss of a business discontinued on 12-01-2021 is `
80,000. This loss has been determined in pursuance of a return of income filed in
time and the current year is the seventh year.
(5) The following payments were also made by him during the year:
(a) LIP of ` 20,000 on his life and ` 12,000 for his son aged 22, engaged as a
software engineer and drawing salary of ` 25,000 p.m.
(b) Mediclaim premium of ` 6,000 for himself and ` 5,000 for above son. The
premiums were paid by cheque.
You are required to compute the total income for the A.Y. 2022-23. The various heads of
income should be properly shown. Ignore the interest on bank loan for the period prior to
01-04-2021, as the bank had waived the same.
664
Question 7
Shri Raman (age 61 years) gifted a building owned by him to his wife Smt. Raman on
01-10-2021. The building fetched a rental income of ` 10,000 p.m. throughout the year.
Municipal tax for the first half-year of ` 5,000 was paid in June 2021 and the municipal
tax for the second half-year was not paid till 30-09-2022. Incomes of Shri Raman &
Smt. Raman other than income from house property are given below.
Assessee Business Income Capital Gain Other Sources
Shri Raman 1,00,000 50,000 (long-term) 1,50,000
Smt. Raman (75,000) 2,00,000 (short-term) 50,000
Note: Capital gain does not relate to gain from shares & securities.
Compute the total income of Shri Raman & Smt. Raman taking into account income from
property given above and also compute their income tax liability for the A.Y. 2022-23.
Question 8
Mr. Deepak (aged 45 years) owned 6 light goods vehicles as on 01-04-2021. He acquired
2 more light goods vehicles on 01-07-2021. He is solely engaged in the business of
plying goods vehicles on hire since F.Y. 2014-15.
He did not opt for presumptive provisions contained u/s 44AE for the F.Y. 2020-21 (i.e.
last year). Therefore, his books were audited u/s 44AB & the return of income for the F.Y.
2020-21 was filed on 05-08-2021.
He has unabsorbed depreciation of ` 70,000 & business loss of ` 1,00,000 for the F.Y.
2020-21.
Following further information is provided to you:
(a) He deposited ` 20,000 for a period of 10 years with Bank of India in the name of his
son.
(b) He paid medical insurance premium amounting to ` 28,000 by means of bank
demand draft for his parents (both aged above 60 years).
(c) He paid premium on life insurance policy of his married daughter ` 25,000. The
policy was taken on 01-04-2017 & the capital sum assured was ` 2,00,000.
(d) Repaid principal of ` 40,000 & interest of ` 15,000 to Canara Bank towards the
education loan taken for his son, who completed B.E. two years ago. He is employed
after completion of his studies.
Assuming that, Mr. Deepak has opted for presumptive provision contained u/s 44AE of
the Income Tax Act, 1961 for the F.Y. 2021-22. Compute the total income of Mr. Deepak
for the A.Y. 2022-23.
665
Question 9
Dr. Chatterjee is a medical practitioner. As on 1st January, 2021 his age is 59 years. The
Receipts & Payments A/c for the F.Y. 2021-22 is as under:
Balance b/f 10,000 Purchase of Commercial 4,00,000
Vehicle (before 30-09-2021)
Receipt from Sale of Medicines 2,50,000 Domestic Drawings 2,50,000
Consultation fee 50,000 Deposit in Bank for 5 years 1,50,000
Visiting Fee 2,00,000 Surgical Instruments 50,000
Purchased (before 30-09-
2021)
Lecture Fees 5,000 Instalment of Loan Paid 1,21,000
(Including Interest - Rs.
22,333)
Family Pension 2,80,000 Medical Insurance Premium 32,000
Savings Bank Interest 1,000 Instalment of Housing Loan 1,08,000
Principal - Rs. 48,000)
Loan from Bank 3,00,000 Advance Tax Paid 20,000
Share of Profits from HUF 50,000 Purchase of Medicine 47,000
Agricultural Income 1,00,000 Payment for Medical Journal 5,000
Income from Lottery 35,000 Vehicle Expenses 50,000
(Net of TDS @ 30%) Balance c/f 48,000
12,81,000 12,81,000
Other relevant information:

(1) He resides in his own house which was constructed in 1998 with a loan from LIC Housing
of ` 10,00,000 out of which ` 6,00,000 was still due. He got it refinanced from SBI on
01.04.2021 @ 10%. One-fourth portion of the house is used for clinic purposes.
(2) He invested in term deposit ` 1,50,000 in Bank of Baroda on 01.07.2021 for a period
of 5 years in the name of his minor daughter @ 9% interest p.a.
(3) He purchased a commercial vehicle on 1st July 2021 at ` 4,00,000. A loan of `
3,00,000 was taken to buy the vehicle. One-fourth use of vehicle is estimated to be
personal.
(4) He paid medical insurance premium for himself of ` 16,000 and for mother ` 16,000.
His mother is dependent on him.
(5) He got his share from HUF’s income of ` 50,000.
666
Compute the total income of Dr. Chatterjee for the A.Y. 2022-23.
Question 10
Mr. Karthik, a resident individual aged 45, furnishes the following information pertaining
to the year ended 31-03-2022:
He is a partner in Badrinath & Co. He has received the following amounts from the firm:
(a) Interest on capital @ 15% ` 3,00,000
(b) Salary as working partner @ 1% of firm's sales
(allowed fully to the firm) ` 90,000
He is also engaged in a business of manufacturing wheat flour from wheat. The Profit &
Loss A/c pertaining to this business is as under:
To ` By `
Salary 1,20,000 Gross Profit 12,50,000
Bonus 48,000 Interest on Bank FD 45,000
Motor Car Expenses 50,000 (Net of TDS 5,000)
Machinery Repairs 2,34,000 Agricultural Income 60,000
Advance Tax 70,000 Pension from LIC Jeevan 24,000
Dhara
Depreciation on:
Motor Car 3,00,000
Plant & Machinery 1,25,000
Net Profit 4,32,000
13,79,000 13,79,000
Opening WDV of the Assets are as under:

Particulars `
Motor Car 3,00,000
Plant & Machinery (Used during the year for 170 days) 6,50,000
Additions to Plant & Machinery:
New purchased on 23-09-2021 2,00,000
New purchased on 12-11-2021 3,00,000
Old purchased on 12-04-2021 1,25,000
(All assets added during the year were put to use immediately after purchase).
Of the total bonus amount, ` 15,000 was paid on 11-10-2021.
One-fifth of the Motor Car Expenses are towards estimated personal use of the assessee.
In March, 2021, he had sold a house at Chennai. Arrears of rent relating to this house
667
amounting to ` 75,000 was received in February, 2022.
Details of his Savings and Investments are as under:

Particulars `
Life Insurance premium for policy in the name of his major son employed
in LMN Ltd. at a salary of ` 6 lakhs p.a.
(Sum assured ` 2,00,000) (Policy taken on 01.07.2016) 50,000
Contribution to Pension Fund of National Housing Bank 70,000
Medical insurance premium for his father aged 70, who is not dependent on him 32,000
You are required to compute the total income of Mr. Karthik for the A.Y. 2022-23.
Question 11
Mr. Pritam, aged 54 years, provides the following information for the year ending 31-03-
2022:
Particulars `
Rent from vacant site let on lease 1,12,000
Rent from House Property at Delhi 20,000 p.m.
Turnover from retail trade in grains
(No books of accounts are maintained) 24,37,500
Income from salary (computed) 40,000
Purchase of 10,000 unlisted shares of X Co. Ltd. on 01.01.2014. 1,00,000
He received a 1:1 bonus on 01-01-2015.
Sale of 5,000 bonus shares in September, 2021 2,20,000
Brought forward business loss relating to discontinued textile business of 1,97,500

Mr. Pritam relating to the A.Y. 2020-21.
Brought forward depreciation relating to discontinued textile business of 1,50,000
Mr. Pritam
Pritam contributed ` 30,000 to National Children’s Fund & ` 40,000 to a charitable trust
enjoying exemption u/s 80G.
Compute the Total Income & the Tax Liability of Mr. Pritam for the A.Y. 2022-23.
Question 12
Mr. Ram, who does not maintain books of account for the year ended 31.3.2022, requests
you to compute his total income for the A.Y. 2022-23 from the following details:
(i) Basic Salary : ` 20,000 p.m.
668
CCA : ` 1,000 p.m.

HRA : ` 5,000 p.m.
(ii) Ram resides in Chennai, paying a rent of ` 6,000 p.m..
(iii) Ram is paid an education allowance of ` 500 p.m. per child for all the three of his
children. Actual expenses (tuition fees only) amounts to ` 15,000, ` 10,000 and `
5,000 respectively.
(iv) He bought a goods vehicle on 07.06.2021 and has been letting it on hire from the
same date. He declares an income of ` 34,900 from the same.
(v) Interest from company deposits is ` 15,000 and bank interest from saving bank
account is ` 5,000.
(vi) Interest is payable on bank loans availed for buying the truck and making
company deposits as follows:
Purpose Date of Loan Amount Interest rate
Truck purchase 01.04.2021 5,00,000 10% p.a.
Company deposit 01.10.2021 1,00,000 9% p.a.
(vii) Loss carried forward arising from speculating in shares during the preceding previous
year and eligible for set-off is ` 1,00,000.
(viii) Ram has invested ` 12,000 in notified equity linked saving scheme of UTI, ` 52,000
in PPF, ` 9,000 as premium on life insurance policy taken on 31.07.2013 on his own
life (sum assured ` 40,000) and ` 15,000 towards pension fund of LIC.
Question 13
Mr. Rahul, an assessee aged 61 years, gives the following information for the P.Y. ended
31-03-2022:
Sr. No. Particulars `
1. Loss from profession 1,05,000
2. Capital loss on the sale of property (short-term) 55,000
3. Capital gains on sale of unlisted shares (long-term) 2,05,000
4. Loss in respect of self-occupied property 15,000
5. Loss in respect of let out property 30,000
6. Share of loss from firm 1,60,000
7. Income from card games 55,000
8. Winnings from lotteries 1,00,000
9. Loss from horse races in Mumbai 40,000
10. Medical Insurance premium paid by cheque 18,000
Compute the total income of Mr. Rahul for the A.Y. 2022-23.
669
HOMEWORK SOLUTIONS
Answer 1
Computation of Taxable Income of Mr. Venus for the A.Y. 2022-23
Particulars ` `
Salaries
Income from Salary (` 50,000 × 12) 6,00,000
Less: Standard Deduction u/s 16(ia) (50,000)
5,50,000
Less: Loss from house property in respect of which Mr. Venus (90,000) 4,60,000
is the deemed owner to be set off against his salary income
as per section 71(1) - [Note 1]
Capital Gains
Long-term capital gain 75,000
Less: Brought-forward long-term capital loss of A.Y. 2016- (75,000) Nil
17 set-off against current year long-term capital gain as
per section 74(1) & (2) - [Note 2]
Balance long-term capital loss of ` 21,000 [` 96,000 (–)
` 75,000] of A.Y. 2016-17 to be carried-forward to A.Y.
2023-24 - [Note 2]
Interest on fixed deposit with SBI (` 72,000 × 100/90) 80,000
Less: Business loss incurred by wife includible in Mr. Venus’s (80,000) Nil
total income to be set-off against interest income as per
section 71(1) - [Note 3 & 4]
Balance business loss of ` 1,20,000
[` 2,00,000 (–) ` 80,000] to be carried-forward to A.Y. 2023-
24
Taxable Income 4,60,000
Notes:
(1) As per section 27(i), Mr. Venus is the deemed owner of the house transferred to his
minor son without adequate consideration. Hence, the income from house property
would be assessable in Mr. Venus’s hands. Since there is a loss from house property
transferred to minor son without adequate consideration, Mr. Venus can set-off the
same against salary income, since he is the deemed owner of such property.
(2) As per section 74(1) and 74(2), brought forward long-term capital loss can be set-
off only against long-term capital gains. Unabsorbed long-term capital loss can be
670
carried forward for a maximum of eight assessment years (upto A.Y. 2024-25, in this
case) for set-off against long-term capital gains.
(3) As per section 64(1)(iv), income from funds gifted to spouse by an individual and
invested in business by the spouse is includible in the hands of the individual. As
per Explanation 2 to section 64, income includes “loss”. Hence, in the given case,
loss arising out of the business carried on by Mr. Venus’s wife is to be included in the
income of Mr. Venus, as she has carried on business with the funds gifted to her by
Mr. Venus.
(4) As per section 71(2A), business loss cannot be set-off against salary income.
However, the same can be set-off against income from other sources (consisting of
interest on fixed deposit).
Answer 2
Computation of total income of Mrs. Ann for the A.Y. 2022-23:
Particulars ` `
Income from Salary
Basic Salary (` 60,000 × 12) 7,20,000
HRA (` 15,000 × 12) 1,80,000
Less: Exempt u/s 10(13A) - [Note 1] (1,44,000) 36,000
Education Allowance (` 1,500×12) 18,000
Less: Exempt u/s 10(14) @ ` 100 p.m. per child for max. 2
children (2,400) 15,600
Less: Deduction u/s 16(ia) (50,000)
(A) 7,21,600
Profits and gains from business or profession
Income from the business of letting on hire a truck u/s 44AE
- [Note 2] (B) 88,000
Interest on Post Office Savings Bank Account 8,500
Less: Exempt u/s 10(15) (3,500) 5,000
Interest from company deposits 25,000
Less: Deduction u/s 57 in respect of interest on loan paid for 20,000
investing in company deposits (5,000)
Interest on National Savings Scheme, 1992 35,000
(C) 60,000
671
Gross Total Income (A + B + C) 8, 69,600

Section 80C:
Tuition fees paid for two children [most favourable to Mrs. 80,000
Ann being ` 50,000 (+)` 30,000]
Deposit in 5 years Post Office Recurring Deposit Scheme
does not qualify for deduction u/s 80C Nil (80,000)
Section 80D:
Medical Insurance Premium paid by cheque for insurance
of self would qualify for deduction upto a maximum of `
25,000 [Note 3] (25,000)
Section 80TTA:
Interest from Post Office Savings Account - [Note 4] (5,000)
Computation of tax liability of Mrs. Ann for the A.Y. 2022-23

Tax on ` 7,59,600
[` 51,920 (20% of ` 2,59,600) + ` 12,500] 64,420
Tax Payable 66,997
Rounded-off u/s 288B 67,000
Notes:
(1) HRA is exempt to the extent of the least of the following u/s 10(13A):
(a) 50% of salary i.e. 50% of ` 7,20,000 = ` 3,60,000 (in case Mrs. Ann resides in
Delhi, Mumbai, Calcutta or Chennai) (or) 40% of salary i.e., 40% of ` 7,20,000
= ` 2,88,000 (in case Mrs. Ann resides in any other place)
(b) Excess of rent paid over 10% of salary = (` 18,000 – ` 6,000) × 12 = ` 1,44,000
(c) Actual HRA received = ` 15,000 × 12 = ` 1,80,000
Least of the above i.e. ` 1,44,000 is exempt u/s 10(13A).
(2) In the case of a person owning not more than 10 vehicles at any time during the P.Y.,
estimated income from each vehicle will be deemed to be ` 7,500 for every month
or part of the month during which such vehicle is owned by the assessee in the P.Y.
or an amount claimed to have been actually earned from such vehicle, whichever is
higher - [Section 44AE].
In this case, since the assessee declares a higher amount of ` 11,000 p.m. as the
net income actually earned by her from letting on hire truck, such amount will be
672
considered as income u/s 44AE.

Interest paid @ ` 1,000 p.m. is not deductible, since u/s 44AE, all deductions as per
sections 30 to 38 are deemed to have been claimed & allowed. Truck was plied for
the period 01.08.2021 to 31.03.2022 for 8 months.
Therefore, in this case, income u/s 44AE is ` 11,000 × 8 = ` 88,000.
(3) Medical Insurance Premium paid in cash for husband amounting to ` 25,000 shall
not qualify for deduction u/s 80D. Hence, the same is ignored.
(4) Interest upto ` 3,500 on post office savings account is exempt u/s 10(15). The balance
interest of ` 5,000 would be included under the head “Other Sources” and shall form
part of GTI.
However, the same would qualify for deduction u/s 80TTA, since interest upto ` 10,000
from, inter alia, post office savings account qualifies for deduction thereunder.
Answer 3
Computation of total income of Mr. Vishal for the A.Y. 2022-23:
Particulars ` ` `
Income from House Property:
Gross Annual Value - Rent received - (Note 1) 66,000
Net Annual Value 61,000
Less: Deduction u/s 24 @ 30% of NAV (18,300) 42,700
Profits and gains of business or profession:

Net Profit as per Profit & Loss Account 7,23, 400
Income-tax 1,60,000
Depreciation charged 67,500
Municipal Taxes paid on let out property 5,000 2,32,500
Total 9,55,900
Less: Income not forming part of business income
Interest on Post Office Monthly Income scheme 98,400
Interest on Bank Fixed Deposit 63,000
Rent received 66,000
Winning from lotteries 17,500 (2,44,900)
7,11,000
Less: Depreciation as per Income-tax Act, 1961 (57,000)
6,54,000
673
Add: Salary received from partnership firm –

(Note 2) 1,20,000
Commission received from partnership firm –
(Note 2) 60,000 1,80,000 8,34,000
Income from other sources:

Interest on Post Office Monthly Income scheme 98,400
Interest on Bank Fixed Deposit [` 63,000 (+) ` 70,000
7,000]
Winning from lotteries [` 17,500 (+) ` 7,500] 25,000
Annuity pension received from LIC of India 72,500 2,65,900

Section 80C:
Deposit in PPF 1,50,000
Life insurance premium paid for his wife 25,000
Total Qualifying Amount u/s 80C 1,75,000
Restricted to Maximum 1,50,000 (1,50,000)
Section 80D
Mediclaim premium of ` 26,850 paid for
insurance on self
However, the deduction is restricted to ` (25,000)
25,000
Notes:
(1) Rent received is assumed to be the gross annual value of the let-out property in
absence of any information regarding municipal value, fair rental value and standard
rent.
(2) Any salary, bonus, commission or remuneration, by whatever name called, due to or
received by a partner of a firm shall not be treated as salary but it shall be treated
as income from business or profession for the purposes of section 28.
674
Answer 4
Computation of Total Income and Tax liability of Mr. A for A.Y. 2022-23:
Particulars ` `
Income from house property - (WN 1)
House-I (70,000)
House II (48,000) (1,18,000)
Profits and gains from business (given) (2,00,000)
Capital gains - (WN 2)
Long-term capital gain 1,30,00,000
Interest on Bank Fixed Deposits 1,00,000
Gross Total Income 1,27,82,000
Less: Deduction under Chapter VI-A:
Section 80C:
Deposit in PPF A/c (1,00,000)
Total Income 1,26,82,000
Computation of tax liability of Mr. A for A.Y. 2022-23:

Tax on total income other than long term capital gain Nil
Tax on long-term capital gain of Rs. 1,23,82,000 (after 24,76,400
adjusting the house property & business losses and
unexhausted basic exemption limit) [i.e. Rs. 1,30,00,000
(-) Rs. 1,18,000 (-) Rs. 2,00,000 (-) Rs. 3,00,000] @ 20% -
(Refer Note below)
Tax on Total Income 24,76,400
Add: Surcharge on Rs. 24,76,400 @ 15% 3,71,460
Tax on Total Income including surcharge 28,47,860
Add: Health & Education Cess @ 4% 1,13,914
Total Tax Liability 29,61,774
Rounded-off u/s 288B 29,61,770
Note:
It has been assumed that the loss from house property and business loss have been set-
off fully against long term capital gains. Therefore, Rs. 1,00,000 relating to section 80C
PPF investment is deducted against the income under the head “Other Sources”. Hence, the
taxable income represents long term capital gains only and the tax liability is computed
accordingly.
675
Working notes:
(1) Calculation of income from house property:
House - I: Self occupied `
Net Annual Value Nil
Less: Interest as per section 24(b) (70,000)
Loss from House-I (70,000)
House-II: Let out `
Gross Annual Value (Rs. 9,000 x 8) 72,000
Less: Municipal taxes (12,000)
Less: Deductions u/s 24
30% of NAV (18,000)
Interest on borrowed capital (90,000)
Loss from House-II (48,000)
Note:
Interest on capital borrowed will be allowed in full for let out properties. As per
section 23(1)(c), where the property or any part of the property is let and was vacant
during the whole or any part of the P.Y. and owing to such vacancy the actual rent
received or receivable by the owner in respect thereof is less than the expected rent
(in this case, standard rent of Rs. 90,000), then, the actual rent received or receivable
would be the Gross Annual Value of the property. In this case, the actual rent received
(i.e. Rs. 72,000) is less than the expected rent (i.e. Rs. 90,000) on account of vacancy
and therefore, the actual rent received is taken as the Gross Annual Value.
(2) Computation of Capital Gains:

Particulars `
Full Value of Consideration (Sale Proceeds) 2,50,00,000
Less: Transfer Expenses (Nil)
Net Consideration 2,50,00,000
Less: Indexed cost of acquisition – [Rs. 20,00,000 (x)317/317] - (Re- (20,00,000)
fer Note below)
Gross long-term capital gains 2,30,00,000
Less: Exemption u/s 54 (1,00,00,000)
Taxable long-term capital gain 1,30,00,000
Note:
As per the definition of the indexed cost of acquisition under clause (iii) of Explanation
to section 48, indexation benefit will be available only from the P.Y. in which Mr. A
676
first held the asset i.e. P.Y. 2021-22. Since Mr. A sold the asset in the same year in
which it was held by him, cost of acquisition and indexed cost of acquisition would
be same.
As per the view expressed by Bombay High Court, in the case of CIT v. Manjula J.
Shah, in case the cost of acquisition of the capital asset in the hands of the assessee
is taken to be cost of such asset in the hands of the previous owner, the indexation
benefit would be available from the year in which the capital asset is acquired
by the previous owner. If this view is taken, the indexed cost of acquisition would
be Rs.63,40,000 (20,00,000 x 317/100) and gross long-term capital gain would be
Rs.186,60,000. Therefore, after exemption u/s 54 the taxable long-term capital gains
would be Rs. 86,60,000.
Answer 5
Computation of Total Income of Mr. X for the A.Y. 2022-23:
Particulars ` v`
Income from Salary
Basic salary (Rs. 25,000 x 9 months) 2,25,000
House Rent Allowance (Rs. 6,000 x 9 months) 54,000
Less: Exemption u/s 10(13A) - (Note 1) (36,000) 18,000
Gratuity Received 3,50,000
Less: Exemption u/s 10(10) - (Note 2) (3,06,250) 43,750
Leave Encashment 3,15,000
Less: Exemption u/s 10(10AA) - (Note 3) (2,45,000) 70,000
Less: Standard Deduction u/s 16(ia) (50,000)
Net Taxable Salary 3,06,750
Profits and gains from business or profession
(Business loss of Rs. 80,000 to be carried forward as the Nil
same cannot be set-off against Salary Income)
Less: Deduction u/s 80C:
Investment in PPF (62,500)
Investment in NSC (37,500) (1,00,000)
677
Note:
(1) As per section 10(13A), HRA will be exempt to the extent of least of the following:
(a) HRA actually received (Rs. 6,000 x 9) = Rs. 54,000
(b) Rent paid in excess of 10% of salary (Rs. 6,500 - Rs. 2,500) x 9 months = Rs.
36,000
(c) 50% of salary = Rs. 1,12,500
(2) Gratuity exempt u/s 10(10), shall be least of the following amounts:
(a) Actual amount received = Rs. 3,50,000
(b) Half month’s average salary for each year of completed service i.e. (1/2 x Rs.
24,500 x 25) = Rs. 3,06,250
(c) Statutory Limit = Rs. 20,00,000
(3) Leave encashment is exempt up to the least of the following:
(a) Actual Amount Received = Rs. 3,15,000
(b) 10 months’ average salary i.e. (Rs. 24,500 x 10) = Rs. 2,45,000
(c) Cash equivalent of unavailed leave calculated on the basis of maximum 30
days for every year of actual service rendered to the employer from whose
service he retired (See Note below) = Rs. 3,06,250
(d) Statutory Limit = Rs. 3,00,000
Note:
Since the leave entitlement of Mr. X as per his employer’s rules is 30 days credit for
each year of service and he had accumulated 15 days per annum during the period
of his service, he would have availed/taken the balance 15 days leave every year.
Leave entitlement (30 days/year x 25) 750 days
Less: Leave taken/availed (15 days/year x 25) 375 days
Leave Credit at the time of his retirement 375 days
Cash equivalent of earned leave to the credit of Mr. X at the time of his retirement =
(375 days/30 days × Rs. 24,500) = Rs. 3,06,250.
Answer 6
Computation of Income for A.Y. 2022 - 2023
Particulars ` ` `
Income from House Property - [Note 1]
House block 2 let-out (higher of fair rent and 1,80,000
rent receivable) (12,000)
Less: Municipal tax paid
678
Net annual value (NAV) 1,68,000

Less: Deductions u/s:
24(a): Standard Deduction @ 30% of NAV (50,400)
24(b): Interest on housing loan @ 10% on Rs. (50,000) (1,00,400) 67,600
5,00,000
Profits & Gains from Business or Profession - [Note
2] 2,20,000
Income prior to adjustment for depreciation (30,000)
Less: Depreciation on equipments used for (50,000) (80,000)
business
Less: Depreciation on building Rs. 5,00,000 @
10%
1,40,000
Less: Set-off of b/f business loss relating to
discontinued business - [Note 3] (80,000) 60,000
Capital Gains - [Note 4]
Short-term capital gains from sale of listed shares
Less: Cost of Acquisition (1,80,000) 50,000
Less: Deduction u/s 80C in respect of LIP Rs.
32,000 & housing loan repayment in respect
of 2nd block Rs. 23,000 (subject to maximum (55,000)
Rs. 1,50,000)
Less: Deduction u/s 80D in respect of mediclaim (6,000) (61,000)
premium paid for self (subject to maximum Rs.
25,000)
Note:
(1) Income from House Property:
(i) The annual value of the house property which is used for business would not fall
under the head ‘House Property’. Therefore, the annual value of the 1st block is
not chargeable to tax under the head ‘House Property’. However, depreciation
there on @ 10% has been claimed while computing the income under the head
‘PGBP’.
(ii) As regards the 2nd block, the sum for which the property may be reasonably
679
expected to be let is Rs. 15,000 p.m. The Gross Annual Value (GAV) of the block
is the higher of fair rent (i.e. Rs. 15,000 p.m.) or the actual rent received (i.e. Rs.
10,000 p.m.) Hence, the GAV of the 2nd block is Rs. 1,80,000 (i.e. Rs. 15,000
p.m.)
(iii) U/s 24(b), interest on bank loan for construction of house is deductible. However,
penal interest is not deductible. Interest due during the year in respect of the
2nd block is Rs. 50,000 (i.e. 10% of Rs. 5 lakhs), which is allowable as deduction
u/s 24(b).
(2) Profits & Gains from Business or Profession:
Mr. Ashok can claim depreciation @ 10% on the building used by him for business
purposes. The depreciation on the 1st block is Rs. 50,000 (being 10% of Rs.
5,00,000) and depreciation on equipments used for business is Rs. 30,000. Hence
the depreciation allowable during the year is Rs. 80,000.
(3) Business Loss:
As per section 72, business loss relating to discontinued business is eligible for set-
off.
(4) Short-term capital gains (STCG):
The listed shares have been sold and STT is paid, hence it is taxable at 15% as per
section 111A. For the purpose of providing deduction under Chapter VI-A, the gross
total income should be reduced by the STCG on listed shares. Further, this STT is
shall not be allowed while computing the capital gain on sale of such shares.
(5) Deductions u/s 80C and 80D:
Deduction u/s 80C can be claimed in respect of life insurance premium paid for major
son, even though he is not dependent on the assessee. It is assumed 2nd block let-
out to cousin was used for residential purpose and accordingly principal repayment
was considered for deduction u/s 80C.
However, deduction u/s 80D cannot be claimed in respect of mediclaim premium
paid for non-dependant son. Mediclaim premium paid for self of Rs. 6,000 is eligible
for deduction.
Answer 7
Computation of Total Income & Tax Liability of Shri Raman for the A.Y. 2022-23:
Particulars ` v`
Computation of Total Income:
Income from House Property (See Note below) 80,500
Business Income 1,00,000
680
Long-term capital gains 50,000

Computation of Tax Liability:
Long-term capital gain of Rs. 50,000 @ 20% 10,000
Other Income of Rs. 3,30,500
(Rs. 3,30,500 - Rs. 3,00,000) × 5% 1,525
Tax on Total Income 11,525
Less: Rebate u/s 87A (100% of Tax on Total Income i.e. Rs.
11,525 or Rs. 12,500, whichever is lower) (11,525)
Net Tax liability Nil
Computation of Total Income & Tax Liability of Smt. Raman for A.Y. 2022-23:
Particulars ` v`
Income from House Property (See Note below) Nil
Short-term capital gains 2,00,000
Less: Business loss (75,000) 1,25,000
Income from Other Sources 50,000
Tax liability - Since the total income of Smt. Raman is less Nil
than her basic exemption limit (i.e. Rs. 2,50,000), therefore,
she is not liable to pay any tax.
Note:
As per section 27 Mr. Raman will be considered deemed owner of the house property and
income will be computed in his hands as per L.O.P. provisions. Therefore, the rental income
from building transferred by Shri Raman to his wife Smt. Raman without consideration on
01-10-2021 is computed & taxed in the hands of Shri Raman.
Computation of Income from House Property:
Particulars ` v`
From From
01.04.2021 01.10.2021
to to
30.09.2021 31.03.2022
Gross Annual Value (Rs. 10,000 × 6 months) 60,000 60,000
(Rental income taken as GAV in the absence of information
relating to Municipal Value, Fair Rent and Standard Rent)
681
Less: Municipal Taxes (paid in June for first half year only) (5,000) (NIL)
Net Annual Value (NAV) 55,000 60,000
Less: Deduction u/s 24(a): Std. Deduction @ 30% of NAV (16,500) (18,000)
38,500 42,000
Income from House Property of Smt. Raman to be computed
in the hands of Shri Raman as per section 27. 42,000 -
Income from house property 80,500 -
Answer 8 Computation of total income of Mr. Deepak for the A.Y. 2022-23
Particulars ` v`
Income from business of plying goods vehicle - (Note 1) 6,75,000
Less: Brought forward business loss of F.Y. 2020-21 - (Note (1,00,000)
2 & 3)
Section 80C:
Life insurance premium for insurance of married daughter - (20,000)
(Note 5)
Section 80D:
Medical insurance premium paid for insurance of parents - (28,000)
(Note 6)
Section 80E:
Interest paid towards education loan taken for his son - (15,000) (63,000)
(Note 7)
Notes:
(1) Computation of Presumptive Income from business of plying goods vehicles u/s 44AE:
Particulars Rs.
6 goods vehicles held throughout the year (Rs. 7,500×6×12) 5,40,000
2 goods vehicles held for 9 months (Rs. 7,500×2×9) 1,35,000
Presumptive Income as per 44AE 6,75,000
Note:
It is assumed that the goods vehicles owned by Mr. Deepak are other than heavy
goods vehicles.
(2) As per section 44AE, any deduction allowable under the provisions of sections 30
682
to 38 shall be deemed to have been already allowed. Therefore, the unabsorbed

depreciation of Rs. 70,000 shall not be allowed as a deduction since it is covered by section
32.
(3) Brought forward business loss of Rs. 1,00,000 shall be allowed as deduction, by
virtue of section 72, as it is allowed to be carried forward for 8 A.Y.s following the
A.Y. to which it relates, since the return for the A.Y. 2021-22 was filed before the due
date specified u/s 139(1).
(4) Fixed deposit kept with a scheduled bank in the name of son does not qualify for
deduction u/s 80C.
(5) Premium paid for insurance on the life of any child of the individual (whether married
or not), qualifies for deduction u/s 80C. In respect of policies issued on or after 01-
04-2013, only premium paid to the extent of 10% of capital sum assured qualifies
for deduction u/s 80C. Therefore, out of the life insurance premium of Rs. 25,000
paid for insurance policy of married daughter, only Rs. 20,000 (being 10% of Rs.
2,00,000) is qualified for deduction u/s 80C.
(6) Deduction is allowed u/s 80D for payment made for medical insurance of parents.
Medical insurance premium paid for insuring the health of a person who is a senior
citizen i.e. of age 60 years or more, qualifies for deduction u/s 80D, subject to a
maximum of Rs. 50,000. Hence, deduction of Rs. 28,000 is provided to Mr. Deepak,
as his parents are senior citizens.
(7) It is only the payment of interest on education loan which qualifies for deduction u/s
80E. Deduction u/s 80E is allowed in respect of interest on loan taken for education
of children of the individual even if they are not dependent. Principal repayment of
the education loan is not eligible for deduction u/s 80E.
Answer 9
Computation of Income for A.Y. 2022 - 2023 of Mr. Chatterjee Resident Senior Citizen
Particulars ` ` `
Annual value of self-occupied house Nil
Less: Interest on Housing Loan [Rs. 45,000 i.e.
3/4th of Rs. 60,000] (Restricted to Maximum
Rs. 30,000) (30,000) (30,000)
Income from Profession:
Sale of medicine 2,50,000
683
Consultation fees 50,000

Visiting fee 2,00,000 5,00,000
Less: Expenses allowable from Professional
Income:
Medicine purchases 47,000
Medical journal 5,000
Vehicle expenses (3/4th) 37,500
Interest on loan (3/4th) 16,750
Interest on housing loan (1/4th) 15,000
Depreciation on: 7,500
Surgical instrument (15% of Rs. 50,000) 45,000 (1,73,750) 3,26,250
Vehicle (3/4th of 15% of Rs. 4,00,000)
Income from Other Sources:
Family Pension 2,80,000
Less: Standard Deduction u/s 57
[33⅓% of Rs. 2,80,000 or Rs. 15,000, whichever (15,000) 2,65,000
is lower]
Lecture Fees 5,000
Savings Bank Interest 1,000
Interest on Bank FD in the name of minor 10,125
daughter [Rs. 1,50,000 × 9% × 9/12] (1,500) 8,625
Less: Exempt u/s 10(32) 50,000 3,29,625
Winnings from Lottery
Less: Deductions under Chapter VI-A:
Section 80C:
Repayment of housing loan (Rs. 48,000 × ¾) (36,000)
Section 80D:
Medical Insurance Premium
Own (Senior Citizen, hence fully allowed) 16,000
Mother (Senior Citizen, hence fully allowed) 16,000 (32,000)
Section 80TTB:
After Interest on deposit in a saving account of bank (1,000)
Interest on bank F.D (8625) (77,625)
684
Note:
(1) Since the residential house was constructed before 01-04-1999, the deduction for
interest is restricted to Rs. 30,000.
(2) Since 1/4th portion of house is used for business purposes, therefore, 1/4th share of
interest paid is deductible while computing business income.
(3) Agricultural income is exempt u/s 10(1) and share of income from HUF is exempt u/s
10(2).
(4) Term deposit of Rs. 1,50,000 in the name of minor daughter does not qualify for
deduction u/s 80C. Principal repayment of housing loan shall qualify for deduction
u/s 80C. But, the qualifying amount u/s 80C would be only Rs. 36,000 (i.e. 3/4th of
Rs. 48,000) and not the whole amount of Rs. 48,000 because only 3/4th portion is
assessed under the head house property.
(5) Depreciation on the portion of the house used for business purposes has not been
provided since the written down value is not given in the question.
Answer 10
Computation of Total Income of Mr. Karthik for the A.Y. 2022-23:
Particulars ` ` `
Arrears of rent received in respect of the 75,000
Chennai House taxable u/s 25A - (Note 2)
Less: Standard Deduction @ 30% u/s 24(a) (22,500) 52,500
Profits & gains from Business or Profession:
(a) Own business - (Note 1) 5,33,250
(b) Partnership Firm
Interest on Capital - (Note 3) 2,40,000
Salary as a working partner - (Note 3) 90,000 3,30,000
Income from Other Sources:
(a) Pension from LIC Jeevan Dhara 24,000
(b) Interest from Bank FD - (Gross) 50,000 74,000
Less: Deductions under Chapter VIA Section
80C:
685
Life insurance premium for policy in the name

of major son qualifies for deduction even
though he is not dependent on the assessee.
However, the same has to be restricted to 10% 20,000
of sum assured i.e. 10% of Rs. 2,00,000.
Contribution to pension fund of National 70,000
Housing Bank
Total Qualifying Amount u/s 80C; or 90,000
Maximum Amount of Deduction u/s 80C 1,50,000 (90,000)
Section 80D:
Mediclaim insurance premium for father 32,000
(senior citizen) 50,000 (32,000) (1,22,000)
Maximum Amount of Deduction u/s 80D

Note:
(1) Computation of Income from Own Business:
Particulars ` v`
Net Profit as per Profit & Loss Account 4,32,000
Less: Items Credited to P&L A/c but not regarded as
Business Income:
Interest on bank FD (Net of TDS Rs. 5,000) 45,000
Agricultural income 60,000
Pension from LIC Jeevan Dhara 24,000 (1,29,000)
3,03,000
Add: Items Debited to Profit & Loss Account to be Disallowed
or to be Considered Separately:
Advance Tax 70,000
Depreciation on Motor Car 3,00,000
Depreciation on Machinery 1,25,000
Motor Car Expenses 10,000 5,05,000
8,08,000
Less: Depreciation Computed as per Income Tax Rules (2,74,750)
(See Working Note)
Income from Own Business 5,33,250
(2) As per section 25A, any arrears of rent recovered shall be chargeable to tax, after
686
deducting a sum equal to 30% of such arrears, as income from house property in
the year of receipt, whether or not the assessee remains the owner of the house
property in the year of such recovery.
(3) The income by way of interest on capital & salary of Mr. Karthik from the partnership
firm, Badrinath & Co., in which he is a partner, to the extent allowed as deduction
in the hands of the firm u/s 40(b), has to be included in the business income of the
partner as per section 28(v). Accordingly, Rs.3,30,000 [i.e. Rs. 90,000 (Salary) + Rs.
2,40,000 (Interest @ 12%)] should be included in his business income.
Working Note:
Computation of Depreciation as per Income Tax Rules:
Particulars ` v`
Normal Depreciation on Motor Car:
15% on Rs. 3,00,000 45,000
Less: 1/5th for personal use (9,000) 36,000
Normal Depreciation on Machinery:
Opening WDV of the Block of Machinery 6,50,000
Add: Additions in the Block during the P.Y. (used for > 180 3,25,000
days)
Add: Additions in the Block during the P.Y. (used for < 180 3,00,000
days)
12,75,000
Less: Sale Proceeds of the Machinery Sold during the P.Y. (NIL)
Depreciable Value of the Block 12,75,000
Depreciation @ 15% on Rs. 9,75,000 1,46,250
Depreciation @ 7.5% on Rs. 3,00,000 22,500
Total Normal Depreciation (A) 2,04,750
Note:
Where an asset is purchased & put to use during the P.Y. for < 180 days, the normal
depreciation shall be allowable @ 50% of the prescribed rate of depreciation. However,
this restriction does not apply to the asset acquired in any earlier year.
Additional Depreciation:
On New Machinery
used for > 180 days @ 20% (Rs. 2,00,000 x 20%) 40,000
uses for < 180 days @ 10% (Rs. 3,00,000 x 10%) 30,000
Total Additional Depreciation (B) 70,000
687
Note:
Balance 10% additional depreciation on machinery purchased & put to use during the
P.Y. for < 180 days amounting to Rs. 30,000 shall be allowable as deduction in the
immediately following P.Y. i.e. during the P.Y. 2022-23.
Total Permissible Depreciation [A + B] 2,74,750
Answer 11
Computation of Total Income & Tax Liability of Mr. Pritam for the A.Y. 2022-23:
Particulars ` v`
Income from Salary (computed) 40,000
Income from House Property - (Note 1) 1,68,000
Profit & Gains from Business or Profession
Income from business of retail trade in grains - (Note 2) 1,95,000
Less: Set-off of brought forward business loss relating to
A.Y. 2020-21 of discontinued textile business - (Note 3) (1,95,000) NIL
Capital Gains - (Note 4)
Sale consideration from sale of bonus shares 2,20,000
Less: Indexed Cost of Acquisition (Nil)
Less: Set-off of unabsorbed depreciation relating to textile
business - (Note 5) (1,50,000) 70,000
Rent from vacant site let on lease 1,12,000
Less: Deduction u/s 80G - (Note 6) (46,000)
Tax on Total Income
Tax on Long-term capital gains @ 20% of Rs. 70,000 14,000
Tax on balance income of Rs. 2,74,000 (i.e. Rs. 3,44,000 - 1,200 15,200
Rs. 70,000) @ 5%
Less: Rebate u/s 87A (100% of Tax on Total Income i.e. Rs. (12,500)
15,200 or Rs. 12,500, whichever is lower)
2,700
Add: Health & Education Cess @ 4% 108
Total Tax Liability 2,808
Rounded-off u/s 288B 2,810
688
Note:
(1) Income from House Property:
Gross Annual Value (GAV) 2,40,000
Less: Municipal taxes paid (NIL)
Net Annual Value (NAV) 2,40,000
Less: Standard Deduction @ 30% of NAV u/s 24(a) (72,000)
Note: In the absence of other information relating to municipal value, fair rent &
standard rent; rent received has been taken as the GAV.
(2) Since Mr. Pritam has not maintained books of accounts in respect of the business
of retail trade in grains and the turnover from such business is less than Rs. 100
lakhs, the income from such business would be computed on presumptive basis as
per section 44AD @ 8% of turnover. The income u/s 44AD is, therefore, Rs. 1,95,000,
being 8% × Rs. 24,37,500.
Alternatively, the presumptive income u/s 44AD could have been 6% of Rs. 24,37,500
i.e. Rs. 1,46,250 (assuming that the turnover has been received through account
payee cheques, drafts or through ECS).
(3) Business loss of a discontinued business can be carried forward and set-off against
the profits of an existing business in the subsequent years brought forward business
loss of Rs. 1,97,500 from discontinued textile business can be set-off against the
current year income of Rs. 1,95,000 from the business of retail trade. The balance
loss of Rs. 2,500 can be carried forward to the next year to be set-off against the
business income of that year.
(4) Cost of acquisition of bonus shares is Nil as per section 55. The period of holding
of bonus shares exceeds 24 months, therefore, it is a long-term capital asset and
the gain arising from sale of such shares shall be long- term capital gains. Further,
these shares are unlisted, long-term capital gains arising on sale of such shares
shall be taxable.
(5) Unabsorbed Depreciation u/s 32 can be carried forward indefinitely and set-off
against income under any head (except Salary). Section 44AD specifically provides
that while computing income of an eligible business on presumptive basis, any
deduction allowable u/s 30 to 38 shall be deemed to have been given full effect to
and no further deduction under those sections shall be allowed.
However, in the given problem, the unabsorbed depreciation relates to discontinued
textile business and not to the retail trade business (eligible business) in respect
of which income is computed on a presumptive basis u/s 44AD. Therefore, such
689
unabsorbed depreciation can be set-off against any income of the current year.
Accordingly, the same is adjusted against the long-term capital gains arising on
sale of unlisted bonus shares.
(6) In the above solution, the deductions under chapter VI-A and computation of tax
liability has been worked out by setting-off the unabsorbed depreciation against
long-term capital gains, which would be most beneficial for Mr. Pritam, since the
long-term capital gain is taxable @ 20%, whereas the normal income of Mr. Pritam
(i.e. Rs. 2,74,000) after such set- off would be taxable at 5%, which is the rate
applicable to the income slab which Mr. Pritam falls in. Therefore, the deduction u/s
80G is computed as follows:
Deduction u/s 80G:
Particulars ` v`
Contribution to National Children’s Fund - (Eligible for 30,000
100% Deduction)
Contribution to Charitable Trust Recognized for Section 40,000
80G purposes
Deduction shall be 50% of 10% of Adjusted Total
Income
[i.e. 50% × (10% × Rs. 3,20,000); or 50% of 40,000, 16,000
whichever is lower]
Total Deduction u/s 80G 46,000
Adjusted Total Income:
Less: Long term capital gains (70,000)
3,20,000
Answer 12
Computation of total income of Mr. Ram for the Assessment Year 2022-23:
Particulars ` v`
Income from Salary
Basic Salary ( Rs. 20,000 × 12) 2,40,000
CCA (Rs. 1,000 × 12) 12,000
HRA (Rs. 5,000 × 12) 60,000
Less: Exempt u/s 10(13A) - [See Note 1 below] (48,000) 12,000
Education Allowance (Rs. 500×12×3) 18,000
690
Less: Exempt u/s 10(14) (Rs. 100×12×2) (2,400) 15,600

Less: Standard deduction u/s 16(ia) (50,000)
Net Taxable Salary 2,29,600
Profits and gains from business or profession 75,000
Income from the business of letting on hire, goods vehicle
u/s 44AE [Rs. 7,500 (×) 10] - [See Note 2 below]
Interest from company deposits 15,000
Interest from Saving Bank Account 5,000
20,000
Less: Deduction u/s 57:
Rs. 1,00,000 @ 9% for 6 months–towards loan interest (4,500) 15,500
Less: Deduction under Chapter VI-A:
Section 80C - [Note 4 below] 93,000
Section 80CCC 15,000
Total Qualifying Deduction u/s 80C & 80CCC 1,08,000 (1,08,000)
Overall Limit u/s 80CCE 1,50,000
(whichever is lower)
Section 80TTA: 5,000 (5,000)
Interest from Saving Bank Account - [Note 6 below]
Notes:
(1) HRA is exempt to the extent of the least of the following u/s 10(13A)
(1) 50% of salary (as the city is Chennai) i.e. 50% of Rs. 2,40,000=Rs. 1,20,000
(2) Excess of rent paid over 10% of salary = Rs. 72,000 – Rs. 24,000 = Rs. 48,000
(3) Actual HRA received =5,000 × 12 = Rs. 60,000
Least of the above i.e. Rs. 48,000 is exempt u/s 10(13A).
(2) In the case of a person owning not more than 10 vehicles at any time during the
P.Y., estimated income from each vehicle will be deemed to be Rs. 7,500/- for every
month or part of the month during which the heavy vehicle is owned by the assessee
during the P.Y. [Section 44AE].
Therefore, Presumptive income = Rs. 7,500 × 10 = 75,000.
If, however, the assessee declares a higher amount, such amount will be considered
as income. In the instant case, since the assessee declares a lower amount, it
691
cannot be considered, since no books of account are maintained. Also, interest is not
deductible, since u/s 44AE, all deductions u/ss 30 to 38 are deemed to have been
allowed.
(3) Brought-forward loss from speculation business can be set-off only against income
from speculation business and not against other business income.
(4) Deduction u/s 80C:
Investment in notified equity linked saving scheme of UTI 12,000
Investment in PPF 52,000
Life insurance premium on own life restricted to 10% of sum assured 4,000
Tuition fees paid for two of his children (Most favourable to Ram) 25,000
Total Amount eligible for deduction u/s 80C 93,000
(5) Contribution to pension fund of LIC Rs. 15,000 is deductible u/s 80CCC.
(6) Deduction u/s 80TTA is allowed in respect of interest from Saving Bank Account upto
a maximum of Rs. 10,000. Therefore, interest from Saving Bank Account of Rs. 5,000
is allowed as deduction.
Answer 13
Computation of total income of Mr. Rahul for the A.Y. 2022-23
Particulars ` v`
Long-term capital gains on sale of unlisted shares 2,05,000
Less: Short-term capital loss on sale of property (Note 1) (55,000)
1,50,000
Less: Inter-head set-off of losses u/s 71 (Note 2):
Loss from profession (1,05,000)
Loss under the head house property [Rs. 15,000 (+) Rs. (45,000) Nil
30,000]
Income from card games 55,000
Winnings from lotteries 1,00,000 1,55,000
Less: Deductions under Chapter VIA (Note 4) (Nil)
Notes:
(1) As per section 74, short-term capital loss can be set-off against both short-term
capital gains and long-term capital gains.
692
Hence, short-term capital loss of Rs. 55,000 can be set-off against long-term
capital gains of Rs. 2,05,000 on sale of unlisted shares.
(2) Section 71 provides for set-off of loss from one head against income from another.
As per section 71(2), loss under any head of income, other than capital gains, can
be set-off against income under any head, including capital gains.
Therefore, loss of Rs. 1,05,000 from profession and loss of Rs. 45,000 from house
property (both let out and self-occupied) can be set-off against the net income of
Rs. 1,50,000 under the head “Capital Gains”.
(3) Loss from an exempt source cannot be set-off against profit from a taxable source.
Therefore, share of loss from a firm cannot be set-off against any other income,
since share of profit from firm is exempt u/s 10(2A).
(4) As per section 58, no deduction in respect of any expenditure or allowance in
connection with income by way of winnings from lotteries and income from card
games is allowable under any provision of the Income-tax Act, 1961.
Therefore, since the total income comprises only of income from card games and
winnings from lotteries, deduction under Chapter VI-A is not allowable from such
income.
Therefore, Mr. Rahul will not be entitled to claim deduction u/s 80D in respect of
medical insurance premium paid by cheque.
(5) Further, loss from horse races can neither be set-off against winnings from lotteries
and income from card games nor can it be carried forward.
693

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INTER CA

Welcome to the world of knowledge -- J.K. Shah Classes !

I wish you a very happy study time.

- Prof J.K. Shah,

INCOME WHICH DO NOT FORM 03 48

INCOME UNDER THE HEAD 04 56

INCOME FROM HOUSE 05 155

PROFITS & GAINS FROM 06 174

AGRICULTURE INCOME 07 305

CAPITAL GAINS 08 315

INCOME UNDER THE HEAD 09 414

CLUBBING OF INCOME 10 449

SET OFF & CARRY FORWARD 11 465

DEDUCTIONS UNDER 12 486

DEDUCTIONS UNDER 13 516

RETURN OF INCOME 14 539

ADVANCED TAX & INTEREST 15 568

TAX DEDUCTION & 16 573

ALTERNATE MINIMUM TAX 17 635

COMPUTATION OF TOTAL 18 640

Why are Taxes Levied?

Overview of Income-Tax Law in India

Income tax Act 1961

definitions and the significance of these terms needs to be understood.

Section 4: Charging Section

4. A Firm; [Partnership Firm Assessed as Such (PFAS)].

(2) INCOME [Section 2(24)]

company or by a co-operative society, computed in accordance with section 44.

Following are the broad principles to understand the concept of "Income".

GROSS TOTAL INCOME (G.T.I.) [Section 80B(5)]

(3) PREVIOUS YEAR [Section 2(34)]

(4) ASSESSMENT YEAR [Section 2(9)]

(I) SLAB RATES

> 10,00,000 30% > 10,00,000 30%

(II) REBATE UNDER SECTION 87A

(III) MARGINAL RELIEF

income-tax on a total income of 50 lakhs rupees by more than the amount of

12. Specified deduction for donations or for expenditure on scientific research-

Comparison with New tax regime with old.

ANNUAL INCOME  TAX LIABILITY EXCLUDING SURCHARGE & EDUCATION CESS

Thus now the difference remains same.

(v) Rounding - off of Income / Tax [Section 288A / 288B]

WHAT IS RELEVANCE OF RESIDENTIAL STATUS

WHAT ONE MUST KNOW FOR DECIDING RESIDENTIAL STATUS

The following chart highlights the same –

HOW TO DETERMINE RESIDENTIAL STATUS OF AN INDIVIDUAL – SECTION 6(1)

2. Additional Conditions: Sec. 6(6) (a)

Special exceptional situations:

Meaning of certain terms:

HOW TO DETERMINE RESIDENTIAL STATUS OF AN HINDU UNDIVIDED FAMILY– SECTION

HOW TO DETERMINE RESIDENTIAL STATUS OF FIRM AND ASSOCIATION OF PERSON –

HOW TO DETERMINE RESIDENTIAL STATUS OF COMPANY [SECTION 6(3)]

HOW TO DETERMINE RESIDENTIAL STATUS OF "EVERY OTHER PERSON" [SECTION 6(4)]

SCOPE OF INCOME (SECTION 5)

Incomes deemed to accrue or arise in India [Section 9]

HOMEWORK PROBLEMS SOLUTIONS

7 Capital Gains on transfer of shares of 2,00,000 2,00,000 2,00,000

Determination of Gross Total Income:

of Mr. Suhaan, only if he is resident and ordinarily resident in India. If he is a resident

ANNUAL INCOME TAX LIABILITY EXCLUDING SURCHARGE & EDUCATION CESS