income tax law- basic concepts for B.com 3rd Semester.pptx
- 2. 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. If tax is levied directly on the income or wealth of a person, then it is a direct tax e.g. income-tax, wealth tax. If tax is levied on the price of a good or service, then it is called an indirect tax e.g. excise duty, Goods and Services Tax. In the case of indirect taxes, the person paying the tax passes on the incidence to another person.
- 3. The reason for levy of taxes is that they constitute the basic source of revenue to the government. Revenue so raised is utilised for meeting the expenses of government like defence, provision of education, health-care, infrastructure facilities like roads, dams etc.
- 4. Income-tax is the most significant direct tax. The income-tax law in India consists of the following components. Income Tax Act, 1961 Annual Finance Acts Income Tax Rules, 1962 Circulars/Notifications Legal decisions of Courts
- 5. The levy of income-tax in India is governed by the Income-tax Act, 1961. 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 Finance Act passed by Parliament. In pursuance of the power given by the Income-tax Act, rules have been framed to facilitate proper administration of the Income-tax Act.
- 6. Every year, the Finance Minister of the Government of India presents the Budget to the Parliament. Part A of the budget speech contains the proposed policies of the Government in fiscal areas. Part B of the budget speech contains the detailed tax proposals. In order to implement the above proposals, the Finance Bill is introduced in the Parliament. Once the Finance Bill is approved by the Parliament and gets the assent of the President, it becomes the Finance Act.
- 7. The administration of direct taxes is looked after by the Central Board of Direct Taxes (CBDT). The CBDT is empowered to make rules for carrying out the purposes of the Act. For the proper administration of the Income-tax Act, the CBDT frames rules from time to time. These rules are collectively called Income-tax Rules, 1962. It is important to keep in mind that along with the Income-tax Act, these rules should also be studied.
- 8. Circulars are issued by the Central Board Direct Taxes (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 the assessees they can take advantage of beneficial circulars.
- 9. 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.
- 10. Income-tax is a tax levied on the total income of the previous year of every person. A person includes An individual, Hindu Undivided Family (HUF), Association of Persons (AOP), Body of Individuals (BOI), A firm, A company, Artificial Juridical Persons.
- 11. Income-tax is levied on an assessee’s total income. Such total income has to be computed as per the provisions contained in the Income-tax Act, 1961. Let us go step by step to understand the procedure of computation of total income for the purpose of levy of income-tax. Step 1 Determination of residential status Step 2 Classification of income under different heads Step 3 Exclusion of income not chargeable to tax Step 4 Computation of income under each head Step 5 Clubbing of income of spouse, minor child etc. Step 6 Set-off or carry forward and set-off of losses Step 7 Computation of Gross Total Income. Step 8 Deductions from Gross Total Income Step 9 Total income Step 10 Application of the rates of tax on the total income Step 11 Surcharge Step 12 Education cess and secondary and higher education cess Step 13 Advance tax and tax deducted at source