Income Tax Act: Key Definitions and Rules

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Questions and Answers

Which of the following best represents the primary purpose of Circulars issued by the CBDT?

  • To grant exemptions to specific taxpayers.
  • To create exceptions to existing tax laws.
  • To introduce entirely new tax legislation.
  • To provide clarity on existing tax laws and ensure proper administration. (correct)

Which of the following options provides the most comprehensive definition of an 'Assessee' under the Income Tax Act?

  • An individual who has filed an income tax return.
  • Any person by whom any tax or other sum of money is payable under the Act.
  • A person against whom any proceeding has been taken under the Act.
  • All of the above. (correct)

Under what category would XYZ LLP (Limited Liability Partnership) be classified for income tax purposes?

  • Association of persons
  • Company
  • Individual
  • Partnership firm (correct)

When did the Income Tax Act officially come into force in India?

<p>1.4.1961 (B)</p> Signup and view all the answers

According to the Income Tax Act, what is the minimum age required for an individual to be classified as a 'super senior citizen'?

<p>80 YRS (C)</p> Signup and view all the answers

Which section of the Income Tax Act pertains to the Rebate of Income Tax?

<p>87A (A)</p> Signup and view all the answers

In the context of income tax, what does the term 'Body of Individuals' (BOI) refer to?

<p>Any Person other than (a) (C)</p> Signup and view all the answers

If a company's total income exceeds a certain limit, it becomes liable to pay a surcharge on income tax. Which of the following represents a potential threshold for this surcharge to apply?

<p>5 Crore (A)</p> Signup and view all the answers

What is the rate of Health and Education Cess levied on income tax?

<p>4% (D)</p> Signup and view all the answers

Under which section of the Income Tax Act is the residential status of a company determined?

<p>U/s 6(4) (C)</p> Signup and view all the answers

An individual leaves India for employment purposes. To qualify as a resident for income tax purposes in that year, how many days must they stay in India?

<p>182 days (D)</p> Signup and view all the answers

What conditions must be met for an individual to be considered an 'Ordinarily Resident' in India?

<p>Both Basic Conditions and Both Additional Conditions (C)</p> Signup and view all the answers

What is the taxability of income that is received in India during the relevant previous year, irrespective of when it was earned?

<p>All of the above (D)</p> Signup and view all the answers

How is dividend income from an Indian company generally treated for tax purposes?

<p>Fully Taxable (D)</p> Signup and view all the answers

How is Association of Persons (AOP) taxed?

<p>Any kind of person (B)</p> Signup and view all the answers

What is the tax treatment of income derived from the sale of saplings and seedlings grown in a nursery?

<p>Exempted under Agriculture (B)</p> Signup and view all the answers

How are incomes from tea, coffee and rubber generally taxed?

<p>Partial agriculture and business (C)</p> Signup and view all the answers

What is the typical tax rate applicable to Long Term Capital Gains (LTCG)?

<p>20% (C)</p> Signup and view all the answers

Which of the following is considered for determining the Residential status?

<p>U/s 6(1) (A)</p> Signup and view all the answers

If the person becomes Non-ordinarily resident in India, he needs to fulfill which of the following additional conditions?

<p>Both (C)</p> Signup and view all the answers

Flashcards

Purpose of CBDT Circulars

Circulars issued by the CBDT serve to clarify doubts, provide exceptions, ensure proper administration, and outline exemptions related to income tax regulations.

Meaning of Assessee

An assessee is a person by whom any tax or other sum of money is payable under the Income Tax Act, including those against whom proceedings have been taken or who are deemed to be an assessee in default.

Category of LLP

A limited liability partnership (LLP) is treated as a partnership firm for income tax purposes, not as an individual, company, or association of persons.

Income Tax Act Effective Date

The Income Tax Act came into force on April 1, 1962.

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Age of Super Senior Citizen

As per the Income Tax Act, a super senior citizen is an individual who is 80 years of age or older.

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Rebate of Income Tax Act

Section 87A of the Income Tax Act deals with the rebate of income tax for resident individuals with total income up to a certain limit.

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Meaning of Body of Individuals

A Body of Individuals (BOI) refers to any combination of persons other than individuals alone, companies, or other specifically defined entities. It is an association of persons.

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Exceeding Limit of Surcharge

The exceeding limits of surcharge vary depending on the income threshold. One such limit is 5 Crore.

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Rate of Health & Education Cess

The rate of Health & Education Cess is 4%, which is applied on the amount of income tax to fund healthcare and education initiatives.

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Residential Status of Company (Section)

Section 6(4) of the Income Tax Act contains provisions pertaining to the residential status of companies.

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Minimum Stay for Residency

To be considered a resident in India, if going abroad for employment, an individual must stay in India for at least 182 days during the relevant previous year.

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Conditions for Ordinarily Resident

To become an Ordinarily Resident in India, an individual must satisfy one basic condition and both additional conditions as prescribed under the Income Tax Act.

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Taxability of Income in India

The taxability of income received in India during the previous year applies to Residents (ROR), Residents but Not Ordinarily Residents (RNOR), and Non-Residents (NR).

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Taxability of Dividend

Dividend income from an Indian company is fully taxable in the hands of the recipient.

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Taxability of Association of Persons

The taxability of an Association of Persons (AOP) is treated like any kind of person.

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Taxability of Nursery Income

Income from saplings and seedlings grown in a nursery is taxable under the head 'Business' rather than being treated as agricultural income.

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Taxability of Tea, Coffee, Rubber

Income from Tea, Coffee, and Rubber is partially treated as agricultural income and partially as business income, according to specific formulas.

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Tax Rate of Long Term Capital Gains

The taxability rate of Long Term Capital Gains (LTCG) is 20%, subject to certain conditions and exemptions.

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Study Notes

  • CBDT issues circulars to:
    • Clarify any doubts about the provisions of the Income Tax Act.
    • Provide exceptions to certain rules or regulations.
    • Ensure proper administration of the Income Tax Act.
    • Grant exemptions from certain provisions of the Income Tax Act.
  • An assessee is someone:
    • By whom any tax or other sum of money is payable under the Income Tax Act.
    • Against whom any proceeding has been taken under the Income Tax Act.
    • Who is deemed to be an assessee in default under the Income Tax Act.
  • XYZ LLP is a Partnership firm.
  • The Income Tax Act came into force on April 1, 1962.
  • A super senior citizen, as per the Income Tax Act, is 80 years or older.
  • Rebate of Income Tax is covered under Section 87A of the Income Tax Act.

Classification & Computation

  • A Body of Individuals (BOI) can be any kind of person (Individuals, Company etc).
  • Surcharge applies if income exceeds 5 Crore.
  • The rate of Health & Education cess is 4%.

Residential Status

  • The section for the residential status of a company is 6(3).
  • To become a resident, one must stay in India for 182 days, even if going abroad for employment.
  • To become an Ordinarily Resident in India, one must satisfy one basic condition and both additional conditions.

Income Taxability

  • Income received in India during the previous year is taxable for all (ROR, RNOR, and NR).
  • Dividend income from an Indian company is fully taxable.
  • The taxability of Association of Persons is any kind of person.

Agricultural & Capital Gains

  • Income from saplings and seedlings grown in a nursery is taxable under business.
  • Income from Tea, Coffee, and Rubber is partially agricultural and partially business income.
  • The taxability rate for Long Term Capital Gains (LTCG) is 20%.

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