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INCOME TAX ACT   BY C A  M A N I S H  S O M A N I B. Com, FCA B A H E T I  &  S O M A N I Chartered Accountants www.bandsindia.com
basic info ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
key info KEY INFORMATION: Income from Salary Key Points: In certain cases, an employee can claim both HRA as well as  Interest on Housing Loan. Income from House Property Key Points: If interest paid for property given on rent is less than taxable  rent (after standard deduction – 30%), such loss can be set  off against income from other heads including Income from  Salary.  Income from Capital Gains Key Points: Surplus/Deficit from Derivative Contracts is non-speculative.
Key info ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
key info ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
COMPLIANCES UNDER INCOME TAX ACT ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
important due dates ,[object Object],15th Mar 100% 100% 4 Final Installment  15th Dec 60% 75% 3 Third Installment  15th Sept 30% 45% 2 Second Installment 15th June Nil 15% 1 First Installment    Others   Companies   Due Date AGGREGATE TAX PAYABLE UP TO DUE DATE ADVANCE AND FRINGE BENEFITS TAX PAYMENTS
Sec 10aa Special Provisions in respect of New Units in SEZ ,[object Object],[object Object],50% of profits of the undertaking (by way of transfer of  transfer of profits to SEZ Reinvestment Reserve Account to be later used for acquisition of plant and machinery)  For next 05 years 50% of profits of the undertaking (derived from exports) For next 05 years  100% of profits of the undertaking (derived from exports  For first 05 years
Section 14A   ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Sec 32 SPECIAL PROVISIONS UNDER INCOME TAX ACT ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Sec 32 SPECIAL PROVISIONS UNDER INCOME TAX ACT ,[object Object],[object Object],[object Object]
Sec 32 SPECIAL PROVISIONS UNDER INCOME TAX ACT ,[object Object],[object Object],[object Object],[object Object]
Sec 40A(3)  Payment in excess of Rs. 20,000/- by Cash ,[object Object],From 01-04-2009, even aggregate payments made  during a day in excess of Rs. 20,000/- would be  disallowed. The payment made is deemed to be income Cash payment made against any liability of previous year in excess of Rs. 20,000/- No Deduction (Earlier 20% Disallowance )  Expenditure incurred in excess of Rs. 20,000/- by Cash
Sec 41 (1)  &  Sec 59   Section 41(1) and Sec 59 :  Where an allowance or deduction has been made in the assessment year in respect of loss, expenditure or trading liability incurred by the assessee and subsequently during any previous year any benefit is derived by the assessee, then that benefit is chargeable to Income Tax as income from business or profession. Also, if any amount is received in excess of WDV of Block of Asset, then so much of the excess as does not exceed the difference between the actual cost and the written down value shall be chargeable to income-tax as income of the business.
Sec 41(1)  &  Sec 59   Where an asset representing expenditure of a capital nature on scientific research (Sec 35) is sold, the amount received to an extent of deduction claimed is charged as business Income. Bad Debts recovered are business income. However, remission of Capital Liability is not business  income.
80IC Deduction of Income of undertakings from Special Category States ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Sec 145A  Valuation of Closing Stock Sec 145A – Valuation of Closing Stock As per Accounting Standards -  Para 6 and 7 of AS-2 " Valuation on  Inventories"  implies that  "Cost  of  Purchases"  includes only those taxes, which are not subsequently recoverable by the enterprise  from the taxing authorities."  As per Income Tax (Section 145A) –  Notwithstanding anything to the contrary contained in  section 145 , the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “Profits and gains of business or profession” shall be— (a) in accordance with the method of accounting regularly employed by the assessee; and
Sec 145A  Valuation of Closing Stock (b) further adjusted to include the amount of any tax, duty, cess or fee (by whatever name called) actually paid or incurred by the assessee to bring the goods to the place of its location and condition as on the date of valuation   Reporting Requirements Effect needs to be quantified in the Tax Audit Report.  Mum ITAT – Dy. CIT v/s Hitech Plast Containers Pvt. Ltd., it was held that irrespective of the method followed by the assessee for accounting excise duty, adjustments as specified u/s 145A are to be made.
ISSUE MSMED Act, 2006: ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
ISSUE MSMED Act, 2006: ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Issue – Warranty Claims ,[object Object],[object Object],[object Object]
Issue  SEC -43 B ,[object Object],[object Object],[object Object]
New procedure forex payments New Procedure for Remittance w.e.f. 01-07- 2009 (Notification No. 30/2009): Current Procedure: Instructions are given to Bank for payment along with a Certificate obtained from Chartered Accountant regarding applicability of TDS and payment thereof. New Procedure: Certificate to be obtained from Chartered Accountant in Form 15CB Form 15 CA to be filled in and upload on designated Income Tax site for which an Online Acknowledgement would be generated Instructions to be given to Bank along with the Acknowledgement.
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Income Tax

  • 1. INCOME TAX ACT BY C A M A N I S H S O M A N I B. Com, FCA B A H E T I & S O M A N I Chartered Accountants www.bandsindia.com
  • 2.
  • 3. key info KEY INFORMATION: Income from Salary Key Points: In certain cases, an employee can claim both HRA as well as Interest on Housing Loan. Income from House Property Key Points: If interest paid for property given on rent is less than taxable rent (after standard deduction – 30%), such loss can be set off against income from other heads including Income from Salary. Income from Capital Gains Key Points: Surplus/Deficit from Derivative Contracts is non-speculative.
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
  • 12.
  • 13.
  • 14. Sec 41 (1) & Sec 59 Section 41(1) and Sec 59 : Where an allowance or deduction has been made in the assessment year in respect of loss, expenditure or trading liability incurred by the assessee and subsequently during any previous year any benefit is derived by the assessee, then that benefit is chargeable to Income Tax as income from business or profession. Also, if any amount is received in excess of WDV of Block of Asset, then so much of the excess as does not exceed the difference between the actual cost and the written down value shall be chargeable to income-tax as income of the business.
  • 15. Sec 41(1) & Sec 59 Where an asset representing expenditure of a capital nature on scientific research (Sec 35) is sold, the amount received to an extent of deduction claimed is charged as business Income. Bad Debts recovered are business income. However, remission of Capital Liability is not business income.
  • 16.
  • 17. Sec 145A Valuation of Closing Stock Sec 145A – Valuation of Closing Stock As per Accounting Standards - Para 6 and 7 of AS-2 " Valuation on Inventories" implies that "Cost of Purchases" includes only those taxes, which are not subsequently recoverable by the enterprise from the taxing authorities." As per Income Tax (Section 145A) – Notwithstanding anything to the contrary contained in section 145 , the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “Profits and gains of business or profession” shall be— (a) in accordance with the method of accounting regularly employed by the assessee; and
  • 18. Sec 145A Valuation of Closing Stock (b) further adjusted to include the amount of any tax, duty, cess or fee (by whatever name called) actually paid or incurred by the assessee to bring the goods to the place of its location and condition as on the date of valuation Reporting Requirements Effect needs to be quantified in the Tax Audit Report. Mum ITAT – Dy. CIT v/s Hitech Plast Containers Pvt. Ltd., it was held that irrespective of the method followed by the assessee for accounting excise duty, adjustments as specified u/s 145A are to be made.
  • 19.
  • 20.
  • 21.
  • 22.
  • 23. New procedure forex payments New Procedure for Remittance w.e.f. 01-07- 2009 (Notification No. 30/2009): Current Procedure: Instructions are given to Bank for payment along with a Certificate obtained from Chartered Accountant regarding applicability of TDS and payment thereof. New Procedure: Certificate to be obtained from Chartered Accountant in Form 15CB Form 15 CA to be filled in and upload on designated Income Tax site for which an Online Acknowledgement would be generated Instructions to be given to Bank along with the Acknowledgement.