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Questions and Answers
What is the primary purpose of the Finance Act?
What is the primary purpose of the Finance Act?
- To oversee the administration of tax laws.
- To collect income tax from individuals.
- To amend the Income Tax Act and other tax laws. (correct)
- To introduce new tax laws.
Which entity is responsible for making rules under the Income Tax Act?
Which entity is responsible for making rules under the Income Tax Act?
- The Finance Minister.
- The President of India.
- The Parliament of India.
- The Central Board of Direct Taxes (CBDT). (correct)
What is included in the Income Tax Act as mentioned in the content?
What is included in the Income Tax Act as mentioned in the content?
- 298 sections and XIV schedules. (correct)
- Only Income Tax Rules.
- Guidance documents for assessees.
- Circulars and notifications.
Who introduces the Finance Bill in the Parliament?
Who introduces the Finance Bill in the Parliament?
When did the Income Tax Act come into force?
When did the Income Tax Act come into force?
What type of documents are issued by the CBDT to clarify provisions of the Income Tax Act?
What type of documents are issued by the CBDT to clarify provisions of the Income Tax Act?
Who is subject to pay Income Tax according to the content?
Who is subject to pay Income Tax according to the content?
Which of the following best describes the structure of the Income Tax Law?
Which of the following best describes the structure of the Income Tax Law?
What is the rate of surcharge for an individual with total income exceeding 5 Crores?
What is the rate of surcharge for an individual with total income exceeding 5 Crores?
For an AOP with net taxable income (NTI) above 1 Crore but not exceeding 2 Crores, what is the applicable surcharge rate?
For an AOP with net taxable income (NTI) above 1 Crore but not exceeding 2 Crores, what is the applicable surcharge rate?
In the context of surcharge applicability, which type of income is not subjected to the rate exceeding 15%?
In the context of surcharge applicability, which type of income is not subjected to the rate exceeding 15%?
When calculating tax liability, what is the total income threshold above which a 15% surcharge is applied for individuals?
When calculating tax liability, what is the total income threshold above which a 15% surcharge is applied for individuals?
For net taxable income between 50 lakhs and 1 Crore for AOP, what is the surcharge applicable?
For net taxable income between 50 lakhs and 1 Crore for AOP, what is the surcharge applicable?
How much is the surcharge rate for an AOP with NTI exceeding 2 Crores but not exceeding 5 Crores?
How much is the surcharge rate for an AOP with NTI exceeding 2 Crores but not exceeding 5 Crores?
What total income would trigger a 37% surcharge for an individual taxpayer?
What total income would trigger a 37% surcharge for an individual taxpayer?
Which type of income is included in the scenario for surcharge calculation under section 111A?
Which type of income is included in the scenario for surcharge calculation under section 111A?
What is the nature of the Goods and Services Tax in relation to consumers' ability to pay?
What is the nature of the Goods and Services Tax in relation to consumers' ability to pay?
What power does Article 246 of the Constitution of India grant regarding taxation?
What power does Article 246 of the Constitution of India grant regarding taxation?
Which list grants the Central Government the exclusive power to make laws regarding income tax?
Which list grants the Central Government the exclusive power to make laws regarding income tax?
Who introduced income tax in India and in which year?
Who introduced income tax in India and in which year?
What historical payment forms were used for taxation before the introduction of income tax?
What historical payment forms were used for taxation before the introduction of income tax?
Which act governs the levy of income tax in India?
Which act governs the levy of income tax in India?
In which of the following lists do both the Central and State Governments have the power to make tax laws?
In which of the following lists do both the Central and State Governments have the power to make tax laws?
What type of tax is classified as direct tax?
What type of tax is classified as direct tax?
Which of the following income slabs for senior individuals is correct under Option II - 115BACC?
Which of the following income slabs for senior individuals is correct under Option II - 115BACC?
What is the rate of tax applicable for income above ₹10 lakh in Option I?
What is the rate of tax applicable for income above ₹10 lakh in Option I?
For a person with a net taxable income of ₹5 lakh under Option II, what would be the rebate allowed under section 87A?
For a person with a net taxable income of ₹5 lakh under Option II, what would be the rebate allowed under section 87A?
Which surcharge percentage is applicable for net taxable income between ₹1 crore and ₹2 crore in both options?
Which surcharge percentage is applicable for net taxable income between ₹1 crore and ₹2 crore in both options?
Under which option is there an Alternate Minimum Tax (AMT) applicable?
Under which option is there an Alternate Minimum Tax (AMT) applicable?
What is the maximum rebate allowed for income under ₹5 lakh in Option I?
What is the maximum rebate allowed for income under ₹5 lakh in Option I?
Which rate is charged under the Health and Education Cess (HEC) for both tax regimes?
Which rate is charged under the Health and Education Cess (HEC) for both tax regimes?
In the context of surcharges, what is the surcharge percentage for incomes exceeding ₹5 crore in Option I?
In the context of surcharges, what is the surcharge percentage for incomes exceeding ₹5 crore in Option I?
What is included in the definition of a 'person' for the purpose of paying income tax?
What is included in the definition of a 'person' for the purpose of paying income tax?
Which of the following is NOT a type of entity that is liable to pay income tax?
Which of the following is NOT a type of entity that is liable to pay income tax?
What is the primary criteria for determining who is liable to pay income tax?
What is the primary criteria for determining who is liable to pay income tax?
Which of the following best describes the term 'Individual' under the income tax definition?
Which of the following best describes the term 'Individual' under the income tax definition?
How is a Hindu Undivided Family (HUF) treated under the income tax laws?
How is a Hindu Undivided Family (HUF) treated under the income tax laws?
What is the purpose of a rebate under section 87A?
What is the purpose of a rebate under section 87A?
Which component is added to the tax liability after calculating the net taxable income?
Which component is added to the tax liability after calculating the net taxable income?
What does the term 'Total Tax Liability' refer to in the computation of total income?
What does the term 'Total Tax Liability' refer to in the computation of total income?
What is the primary purpose of marginal relief in taxation?
What is the primary purpose of marginal relief in taxation?
Which of the following sections deals with certain expenses of scientific research?
Which of the following sections deals with certain expenses of scientific research?
In which scenario would marginal relief not be applicable?
In which scenario would marginal relief not be applicable?
What does Section 288A specify about rounding off total income?
What does Section 288A specify about rounding off total income?
Which of the following is NOT allowed when providing deductions mentioned in points 1 to 10?
Which of the following is NOT allowed when providing deductions mentioned in points 1 to 10?
When does a resident individual qualify for a higher basic exemption limit of Rs. 300,000?
When does a resident individual qualify for a higher basic exemption limit of Rs. 300,000?
For which income level is Mr.A likely to see significant taxation adjustments under the concept of marginal relief?
For which income level is Mr.A likely to see significant taxation adjustments under the concept of marginal relief?
Which of the following expenditures is related to skill development projects?
Which of the following expenditures is related to skill development projects?
Flashcards
Regressive Tax System
Regressive Tax System
A tax system where every consumer contributes equally, regardless of their financial capability. It can lead to unfair burdens on individuals with limited resources.
Union List in India
Union List in India
The central government in India has the sole authority to create laws related to the matters listed in the Union List.
State List in India
State List in India
The state governments in India have the exclusive authority to create laws for the matters listed in the State List.
Concurrent List in India
Concurrent List in India
Both the central and state governments in India share the authority to create laws for matters listed in the Concurrent List.
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Income Tax
Income Tax
A tax that is levied on a person's income, which includes salaries, wages, and profits.
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Ancient Indian Taxes
Ancient Indian Taxes
The system of collecting taxes in ancient India was based on contributions in the form of gold coins, cattle, grains, and raw materials, levied by the ruling kings.
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Income Tax Act 1961
Income Tax Act 1961
The Income Tax Act of 1961 established the legal framework for income taxation in India.
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Introduction of Income Tax in India
Introduction of Income Tax in India
James Wilson, the Finance Member of the British government, introduced income tax for the first time in India in 1860.
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What is the Income-tax Act, 1961?
What is the Income-tax Act, 1961?
A set of laws that governs the levy of income tax in India. Enacted in 1961 and came into force on April 1st, 1962. It's comprised of 298 sections and 14 schedules.
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What is the Finance Act?
What is the Finance Act?
An annual law which introduces amendments to the Income-tax Act, 1961 and other tax laws. It's passed by the Parliament and gets presidential assent.
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What are Income Tax Rules?
What are Income Tax Rules?
Regulations for the effective administration of the Income-tax Act. These are made by the Central Board of Direct Taxes (CBDT).
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What are Circulars issued by the CBDT?
What are Circulars issued by the CBDT?
These are guidelines issued by the CBDT to clarify doubts and provide direction about provisions of the Income-tax Act.
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What are Notifications from the CBDT?
What are Notifications from the CBDT?
These are pronouncements by the CBDT that specify the specific details related to the Income-tax Act.
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What are Legal Decisions related to the Income-tax Act?
What are Legal Decisions related to the Income-tax Act?
These are legal cases related to the Income-tax Act, which provide precedents and interpretations of the law.
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Who has to pay Income Tax?
Who has to pay Income Tax?
Every person who earns income is generally liable to pay income tax, subject to specific conditions and exemptions.
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What are the components of Income Tax Law?
What are the components of Income Tax Law?
The Income Tax law is comprised of a set of components including the Income-tax Act, Finance Act, Income Tax Rules, Circulars/Notifications, and Legal Decisions. These components work together to provide guidance and clarity on income tax matters.
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Gross Total Income
Gross Total Income
The total income received by an individual, company, or other entity before any deductions or exemptions.
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Net Taxable Income
Net Taxable Income
The portion of Gross Total Income that is subject to income tax after accounting for deductions and exemptions.
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Tax
Tax
The amount of tax that is levied on Net Taxable Income. It is calculated using the Income Tax Slab Rates.
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Rebate under Section 87A
Rebate under Section 87A
A deduction from tax liability granted to individuals based on their income level, with the goal of providing relief to lower-income earners.
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Surcharge
Surcharge
An additional tax charged on individuals exceeding a certain income threshold, calculated as a percentage of the tax payable.
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Health & Education Cess
Health & Education Cess
A tax levied on the total tax liability, calculated as a percentage of the tax payable.
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Total Tax Liability
Total Tax Liability
The final amount of income tax payable after taking into account all applicable deductions, exemptions, rebates, surcharges, and cess.
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Tax Payable/Refundable
Tax Payable/Refundable
The difference between the total tax liability and tax already paid during the year. It can be either a refund (if tax paid is more than liability) or an additional tax payable (if tax paid is less than liability).
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What is Surcharge?
What is Surcharge?
A surcharge is an additional tax levied on top of the regular income tax. It's applied when a person's income exceeds a certain threshold and aims to increase the tax burden on higher earners, leading to a higher overall tax payable.
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How is Surcharge rate decided?
How is Surcharge rate decided?
The rate of surcharge is determined based on the level of total income. The higher the income, the higher the surcharge rate. These rates are fixed by the tax laws.
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On what income is Surcharge levied?
On what income is Surcharge levied?
The surcharge is levied on the income tax computed on either the dividend income and capital gains or a portion of the total income, depending on the specific case and tax rules.
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What is the maximum surcharge on dividend and capital gains?
What is the maximum surcharge on dividend and capital gains?
The surcharge on dividend income and capital gains is calculated at a flat rate that does not exceed 15% of the income tax payable on that portion. This cap applies to the specific income components.
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How is surcharge on total income above 5 crores calculated?
How is surcharge on total income above 5 crores calculated?
The surcharge on other income of 6 crores is calculated at a flat rate of 37%, specifically when the total income exceeds 5 crores. This applies only to a specific income range.
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What are the surcharge rules for AOPs?
What are the surcharge rules for AOPs?
For Associations of Persons (AOPs), different surcharge rules apply based on their Net Total Income (NTI) and whether they are composed solely of companies.
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When does surcharge apply to AOPs?
When does surcharge apply to AOPs?
A surcharge of 10% or 15% applies to AOPs with Net Total Income (NTI) exceeding 50 lakhs and 1 crore respectively. For AOPs solely composed of companies, higher NTI triggers higher surcharge rates.
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Why does the government impose surcharge?
Why does the government impose surcharge?
Surcharge on higher income helps generate additional revenue for the government, potentially funding important infrastructure projects, social welfare programs, or reducing the budget deficit.
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Optional Tax Regime
Optional Tax Regime
This regime offers lower tax rates on income up to ₹10 lakh. It also includes a rebate for individuals and non-trust entities with income up to ₹5 lakh.
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Concessional Tax Regime
Concessional Tax Regime
This regime applies higher tax rates after a certain income limit, along with a surcharge for higher income ranges.
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Tax Rate for ₹3-6 Lakh
Tax Rate for ₹3-6 Lakh
This tax rate applies to income between ₹3 lakh and ₹6 lakh under the concessional tax regime.
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Tax Rate for Income Above ₹10 Lakh
Tax Rate for Income Above ₹10 Lakh
This tax rate applies to income above ₹10 lakh under the optional tax regime.
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Surcharge on Income
Surcharge on Income
A surcharge is levied on those who earn above a certain limit.
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Surcharge for Total Income Above ₹50 Lakh
Surcharge for Total Income Above ₹50 Lakh
A surcharge is applicable when your total income exceeds ₹50 lakh. It is a percentage of your income tax and increases with higher income.
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Surcharge on Income: Tiers
Surcharge on Income: Tiers
A surcharge on income tax is applied when your total income exceeds ₹50 lakh. The surcharge percentage increases as income increases.
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Deductions under Sections 35, 35AD, 35CCC, 35CCD
Deductions under Sections 35, 35AD, 35CCC, 35CCD
A set of deductions allowed for certain scientific research expenses. This includes specified business expenditures, agricultural extension projects, skill development projects, and other deductions under Part C of Chapter VIA of the Income Tax Act, excluding Section 80JJAA.
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Marginal Relief
Marginal Relief
A mechanism designed to prevent a significant jump in tax liability when an assessee's income crosses a specific threshold. This ensures that the increase in tax payable does not exceed the increase in income.
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Marginal Tax Rate
Marginal Tax Rate
The difference in tax liability between two consecutive income brackets, where the increase in tax is calculated on the portion of income falling into the higher tax bracket.
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Marginal Relief Calculation
Marginal Relief Calculation
The calculation of tax liability when a person's total income crosses a specific threshold. This involves determining both the increase in income and the corresponding increase in tax plus surcharge.
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Rounding Off Rules in Income Tax
Rounding Off Rules in Income Tax
The Income Tax Act mandates rounding off total income to the nearest multiple of Rs. 10 and total tax to the nearest multiple of Rs. 10.
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Age Calculation for Tax Exemption Limit
Age Calculation for Tax Exemption Limit
An individual whose 60th birthday falls on April 1st of a particular year is considered to have attained the age of 60 in the previous financial year. This makes them eligible for a higher basic exemption limit of Rs. 300,000 for the current assessment year.
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Default Tax Regime u/s 115BAC
Default Tax Regime u/s 115BAC
A default tax regime under Section 115BAC that allows for a flat tax rate of 25% on total income for individuals and Hindu Undivided Families (HUFs).
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Tax Liability for Motabhai Ltd (Domestic Company)
Tax Liability for Motabhai Ltd (Domestic Company)
Tax liability calculations for a domestic company considering its total income, turnover, and the option to choose either the default tax regime (Section 115BAC) or the old tax regime.
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Basic Concepts of Chapter 1
- Tax is a contribution to the government from income, a product, or activity.
- Two types exist: direct and indirect taxes.
- Article 366(28) of the Indian Constitution defines taxation.
- Taxes are a societal cost of living.
- Government revenue is used for expenses such as defense, education, and infrastructure.
Different Types of Taxes
- Direct Tax: Levied directly on the income of the person.
- Indirect Tax: Levied on the price of goods or services.
Difference Between Direct and Indirect Taxes
- Direct Tax: The person paying the tax directly to the government bears the incidence of the tax. It's progressive in nature, with higher tax rates for higher earners.
- Indirect Tax: The person paying the tax collects it from the ultimate consumer. The incidence of the tax is shifted to another person. It's regressive in nature, implying all consumers bear the burden irrespective of their paying capacity.
Tax Levy in India
- Article 246 of the Indian Constitution empowers the Union and State Governments to levy taxes.
- Taxes are categorized under Union, State, and Concurrent lists.
- This division outlines the taxing authority for different governmental levels.
- Entry 82 of the Union List reserves the power to levy income tax for the Central government.
- Taxes in India historically have been levied on individuals, farmers, traders, and other entities in the form of gold, cattle, grains, and raw materials.
- The first income tax in India was introduced in 1860 by James Wilson, the then Finance Member of the British Government.
- The Income-tax Act of 1961 governs the levy of income tax in India.
Components of Income Tax Law
- Income Tax Act, 1961, governing income tax in India.
- Sections and schedules of the act are updated yearly by the Finance Act.
- Components include the Income Tax Act, Finance Act, Income Tax Rules, Circulars/Notifications, and Legal Decisions.
- The levy of income tax is governed by the Income tax act, 1961
- CBDT (Central Board of Direct Taxes) makes rules for the proper administration of the Act.
Circulars and Notifications
- Circulars are issued to address issues and clarify doubts regarding the provisions of the Act.
- Assessees may use these circulars for guidance but they are not legally binding.
- Notifications are issued by the Central Government to clarify and give effect to provisions of the Act.
Cases of Law
- Judiciary resolves disputes between assessees and the tax department through case laws.
- These judgments establish legal precedents for future cases.
- Supreme Court decisions are regarded as the law of the land.
Examples of Terms
- Section 2: Defines terms in the Income Tax Act.
- Clause 1A of Section 2: Defines "agricultural income."
- Clause 1B of Section 2: Defines "amalgamation."
- Section 10: Defines exemptions.
- Clause 1: Exempts agricultural income.
- Clause 2: Exempts income of members from HUF (Hindu Undivided Family).
Some Important Sections of the Act
- Section 1: States the name and commencement of the Income-tax Act, pertaining to its applicability.
- Section 4: Provides the rules for the imposition of income taxes as it serves as the charging or imposition section of the Act.
- Discusses the criteria for the levy of income tax pertaining to Assessment years and rates.
Income Tax Computation
- Gross Total Income, Net Taxable Income, tax deductions, rebates, Surcharge, and health and education cess lead to the calculation of total tax liability
Who Will Pay Income Tax?
- Every person who earns income is subject to income tax.
- An individual, a Hindu Undivided Family (HUF), a company, a firm, an Association of Persons (AOP), a Body of Individuals (BOI), a local authority, and every artificial juridical person (e.g., an idol or deity) may be liable.
- Income from all sources is calculated for taxes, as defined in the Income-Tax Act, 1961.
Important Definitions
- Previous year: The financial year preceding the assessment year.
- Assessment year: The twelve-month period commencing 1st April in which the tax is levied.
- Assessee: A person liable to pay tax for themself or on behalf of others.
- Person: Inclusive of individuals, HUFs, companies, firms, AOPs, BOIs, local authorities, and artificial juridical persons as outlined in Section 2(31) of the Act.
Rates of Tax for Individuals/HUF/AOP/BOI/AJP
- Separate tax rates for residents, those aged 60 and above, and those aged 80 and above.
- Additional tax may exist.
- Rebate provisions may exist.
Additional Tax Information
- Surcharge, health, and education cess may apply, based on income thresholds.
- Special provisions of surcharge; on income, dividend, and LTCG may be applicable based on thresholds..
Method of Accounting
- Assessee can use either cash or mercantile system for bookkeeping, affecting how income and expenses are recorded.
Application and Diversion of Income
- Application of income: Discharging obligations.
- Diversion of income: Income redirected before reaching the assessee.
Concessional Tax Regime
- Tax regime alternative to the default regime for individuals and HUFs.
- Tax rates differ from the regular regime under specific threshold limits..
Tax Liability for Other Persons (Firms, Co-operative Societies)
- Tax rates and calculation methods for different entities (firms, LLPs, local authorities, co-operative societies).
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