Scheme
of Income Taxation in India
Income tax is charged under the Indian Income Tax Act, 1961,
It is an annual tax on income levied by the Central Government.
Tax is charged in respect of the income of the financial year
(known as previous year) in the next financial year (known as
assessment year) at the rates fixed for such assessment year in
the Finance Act passed each year by the Parliament.
1.2 Generally
speaking, the word 'income' covers receipts in the shape of money
or money's worth which arise with certain regularity or expected
regularity from a definite source. It is not all receipt that
form the basis of taxation under the Act. Broadly, an analogy
is drawn of a tree and the fruits of that tree. The tree symbolises
the source from which one gets fruits which symbolise 'income'.
The receipt arising from the sale of tree itself is, therefore,
considered a capital receipt which is not income; but the receipts
flowing from this source viz., fruits is income. On application
of this analogy, it can be said that while the receipt arising
from the sale of a house is not income, the receipt arising from
the realisation of rent is income. In the same way, receipt from
the sale of a machine is not income but from the sale of produce
brought out from the machine is income. In these cases, however,
if a person deals in purchase and sale of house properties or
machines, these assets do not remain a source and the profit derived
from activities of purchase and sale become income. The source
need not necessarily be tangible as the return for human exertion
is also income.
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1.2.1 The
above is a broad generalisation. While a distinction is generally
made between the capital receipt and revenue receipts, as illustrated
above, the Act has widened the scope of income by expressly including
within the meaning of 'income' the receipts which do not fall
under the broad concept explained above. For instance, the Act
specifically makes the profit arising from the sale of certain
capital assets also subject to tax under certain circumstance.
The winnings from lotteries, cross-word puzzles, races, card games
etc. which do not arise from any definite source and do not have
the element of regularity have also been specifically clarified
to be 'income' under the Act.
1.2.2
It is not the gross receipts but only the net receipts arrived
at after deducting the related expenses incurred in connection
with earning such receipts that are made the basis of taxation.
1.2.3
The tax is charged in respect of the income of the previous year
and the same is chargeable in the assessment year. "Previous
year" means the financial year i.e. the period beginning
on 1st April and ending on 31st March. The return of income for
this period is due in the next financial year called the Assessment
Year in which the proceedings for assessment commence either by
filing of return voluntarily by the income earner or by the Income
Tax Department initiating action for calling the return. The income
earned in the period beginning on 1st April 1995 and ending on
31st March 1996 will, for instance, be assessable earliest in
the next financial year i.e. the year 1996-97.
1.2.4
The Act categorises the income of a person under different
heads and provides for the manner of computation of taxable income
of each head. These heads of income are:-
1.2.5
All receipts having the character of income are taxable unless
they are specifically exempted from taxation. Such exempted
income are enumerated and discussed in Chapter III.
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1.2.6
The total of the income under each head as worked out in accordance
with the provisions of the Act is termed as 'gross total income.
The act provides for certain deduction from such gross total income.
These deductions which are discussed in Chapter V, are not referable
to any particular head of income, but are allowed from the aggregate
of income under all the heads and are in the nature of incentive
provisions of different kinds. For example, deductions are allowed
for promotion of charitable activities, promoting exports and
other activities resulting in the inflow of foreign exchange,
for development of industries and for other socio-economic objectives.
Incentives for promotion of savings are provided in the form of
deduction in tax liability by grant of rebate at certain percentage
on certain savings made out of taxable income.
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1.2.7
After reducing the 'gross total income' by the amount of incentives
deductions mentioned in the preceding paragraph. What is left
is the amount on which tax is to be calculated at the rates prescribed
by the relevant Finance Act. This amount is termed as Total income
and is the base for taxation. For certain categories of tax payers,
a basic exemption limit is provided and tax is calculated only
on that part of the total income which is in excess of such exemption
limit. If such 'Total income' is below the basic exemption limit,
no tax is chargeable. For instance, under the Finance Act, 2000,
no tax is payable by an individual if his total income is below
Rs. 50,000/-. The rates of taxation and the exemption limit applicable
to different categories of Assessees are given in Chapter XIII.
1.3 Clubbing
of Income
The total income of an individual also includes certain income
of other persons. These are:-