Posts

Showing posts with the label Income Tax

Partnership Firms - Income Tax Notes Part - 08

INCOME TAX NOTES PART - 08 PARTNERSHIP FIRMS INCOME TAX NOTES PART - 08 PARTNERSHIP FIRMS Scheme of taxation of partnership firms 1. Any salary, bonus, commission or remuneration (by whatever name called), paid/ payable to partners is allowed as deduction to the firm subject to some restrictions in the hands of firm. The amount which is allowed as deduction to the firm is taxable in the hands of partners. 2. The firm can claim deduction in respect of interest paid to the partners subject to a maximum of 12% p.a. This amount of interest, allowed as deduction in the hands of the firm, is taxable in the hands of partners. 3. The income of the firm is taxed at a flat rate of 30% plus surcharge @ 12% (if taxable income is more than Rs. 1 crore) plus cess @ 4%. When remuneration/ interest is deductible Payment of remuneration and interest is deductible if the following conditions are satisfied – 1. Conditions of section 184; and 2. Conditions of section 40(b) In other wo

Set Off and Carry Forward Of Losses - Income Tax Notes Part - 07

Income Tax Notes Part - 07 SET OFF AND CARRY FORWARD OF LOSSES INCOME TAX NOTES PART - 07 SET OFF AND CARRY FORWARD OF LOSSES Steps to be applied for set-off and carry forward The process of setting off of losses and their carry forward is covered in the following three steps: Step 1: Inter-source (Intra-head) adjustment under the same head of income. Step 2: Inter-head adjustment in the same assessment year (Step 2 is applied only if a loss cannot be set off under step 1). Step 3: Carry forward of a loss (Step 3 is applied only if a loss cannot be set off under step 1 and 2). Inter-source (Intra head) adjustment If the net result for any assessment year, in respect of any source under any head of income, is a loss, the assessee can set-off this loss against his income from any other source under the same head of income for the same assessment year subject to the following provisions – House property Loss from a house property can be set-off against profits of other house

Income From Other Sources - Income Notes Part - 06

Income Tax Notes Part - 06 Income from other Sources Income Tax Notes Part - 06 Income from other Sources The following ten incomes are always taxable under the head “Income from other sources”: 1. Dividend income; 2. Income from winnings from lotteries, crossword puzzles, races including horse races, etc.; 3. Any sum received by the assessee from his employees as contributions to any staff welfare schemes, if the same is not taxed as business income; 4. Income by way of interest on securities, if the same is not taxed as business income; 5. Income from letting out machinery, plant or furniture, if the same is not taxed as business income”; 6. Income from letting out of machinery, plant or furniture along with letting out of building and the two lettings are not separable (if the income is not taxed as business income); 7. Any sum received under a Keyman insurance policy (including bonus), if such income is not taxable as salary income or business income; 8. If any sum of mone

Capital Gains - Income Tax Notes Part - 05

Capital Gains INCOME TAX NOTES PART - 05 CAPITAL GAINS Basis of Charge [Sec. 45] Income is taxable under the head “Capital Gains” if the following conditions are satisfied: 1. There should be a capital asset. 2. The capital asset is transferred by the assessee during the previous year. 3. Any profit or gains arises as a result of such transfer. 4. Such profit or gains is not exempt from tax under section 54, 54B, 54D, 54EC, 54EE, 54F, 54G, 54GA and 54GB. If the aforesaid conditions are satisfied, then capital gain is taxable in the assessment year relevant to the previous year in which the capital asset is transferred. Capital Asset [Sec. 2(14)] “Capital asset” means – 1. Property of any kind held by an assessee (whether or not connected with his business or profession). 2. Any securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the regulations made under the SEBI Act. However, “capital asset” does

Profits and Gains - Income Tax Notes Part - 04

PROFITS AND GAINS OF BUSINESS OR PROFESSION - I INCOME TAX NOTES PART - 04 PROFITS AND GAINS OF BUSINESS OR PROFESSION - I Depreciation allowance [Sec. 32] Following conditions should be satisfied by the assessee to avail depreciation: 1. Asset must be owned by the assessee. 2. Asset must be used for the purpose of business or profession. 3. Asset should be used during the relevant previous year: Normal depreciation (i.e., full year’s depreciation) is available if an asset is put to use at least for sometime during the previous year. However, where an asset is acquired during the previous year but put to use for the purpose of business or profession for less than 180 days during that year, in such a case, half of the normal depreciation is allowed. 4. Depreciation is available on tangible assets (Building, machinery, plant or furniture) as well as intangible assets (know-how, patents, copyrights, trademarks, licenses, franchises or any other business or commercial rights of s