Module - 1
Module - 1
Module – 1
Basic concepts:
Income tax concepts and definitions as per Income Tax Act, Basis of charge and scope of
total income, Residential Status (Individuals only). Tax Evasion, Tax avoidance, Tax
Planning. Heads of Income (Theory only).
Income from Salary – Computation of income from salary under new regime.
Basic Concepts
Introduction:
The government of India has to spend a lot of money on different public outlays like health,
education, establishment of industries, maintaining law & order & military force etc. in order
to meet all these expenses the government requires funds. This course of funding is called
taxation. A compulsory payment towards the government without direct return in benefit to
the payer is known as ‘TAX’. It is an important source of income of the government. It can
be collected by three authorities namely- Central Government; State Government; Local
Authority.
In a Welfare State, the Government takes primary responsibility for the welfare of its citizens,
as in matters of health care, education, employment, infrastructure, social security and other
development needs. To facilitate these, Government needs revenue. Taxation is the primary
source of revenue to the Government for incurring such public welfare expenditure. In other
words, Government is taking taxes from the public through its one hand and through another
hand; it incurs welfare expenditure for public at large. However, no one enjoys handing over
his hard-earned money to the government to pay taxes. Thus, taxes are compulsory or
enforced contribution to the Government revenue by public. The government may levy taxes
on income, business profits or wealth or add it to the cost of some goods, services, and
transactions.
Objectives:
• It reduces the gap between rich & poor.
• It enables the government to maintain law & order & safeguard security of the
country from foreign power.
• It helps to provide infrastructure facilities for welfare of people like roads, irrigation
facilities etc.
• It provides employment opportunities.
• It helps to achieve balanced socio-economic growth.
Types of Taxes:
Types of Taxes
GST
1. Direct Tax:
The tax imposed by the government on a person who can’t shift the responsibility to some
other person is called Direct Tax.
Or
Tax is levied directly on the income or wealth of a person, and then it is a Direct Tax.
Ex: Income Tax, Wealth Tax
2. Indirect Tax:
The tax imposed by the government on one person knowing that the responsibility will be
shifted on to the some other person is called Indirect Tax.
Or
Tax is levied on the price of a goods or services, and then it is called an Indirect Tax.
Ex: GST it is imposed on the manufacturer but ultimately paid by the consumers.
Tax, of which incidence and impact fall on the same person, is known as Direct Tax, such as
Income Tax. On the other hand, tax, of which incidence and impact fall on two different
persons, is known as Indirect Tax, such as GST, etc. It means, in the case of Direct Tax, tax is
recovered directly from the assessee, who ultimately bears such taxes, whereas in the case of
Indirect Tax, tax is recovered from the assessee, who passes such burden to another person &
is ultimately borne by consumers of such goods or services.
● Both of the Boards have been constituted under the Central Board of Revenue Act,
1963.
● CBDT deals with levy and collection of all direct tax whereas matters relating to levy
and collection of Central indirect tax are dealt by CBIC.
Income Tax:
It is an imposition from the central government which constitutionally valid. Every person
earning income in India is required to pay tax to the government called Income Tax. Income
tax forms the biggest revenue to the central government to meet its expenditure on health &
infrastructure. It is a branch of direct taxes. All the provisions of this act are contained in an
act known as “Income Tax Act 1961”.
The Finance Act: 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.
Basic concepts:
1. Assessment year / Income tax year [SEC. 2(9)]:
A person having income which is earned during the previous year is required to pay tax in the
next year called “assessment year”
It is also known as “income tax year” because we levied the taxes in the assessment year for
the pervious income.
Assessment year means the period starting from April 1 & ending on March 31 of the next
year. For instance, the assessment year 2026-27 which commences on April 1, 2026, will end
on March 31, 2027. It starts from immediately after the previous year ends.
Important rules:
• Income earned legally or illegally is taxed under this act.
• It is not necessary that income must be received regularly; even lump sum received can
also be taxed.
• Income received either in the form of cash or in the form of kind can also be taxed.
• Income tax is levied both on due basis or receipt basis whichever is earlier.
Residential Status:
According to sec 4 of the act states that income tax to be charged on total income of a person.
Sec 5 states that total income is to be determined on the basis of residential status in India
during the previous year.
An assessee is either:
a. Resident in India
or
b. Non –resident in India
However, a resident individual or a Hindu undivided family has to be resident & ordinarily
resident, or resident but not ordinarily resident. Therefore, an individual & a HUF can either
be:
• Resident & ordinarily resident
• Resident but not ordinarily resident
• Non resident
Determination of residential status of an individual:
The residential status of an individual is determined on the basis of rules stated further.
• Basic conditions [SEC. 6(1)]
• Additional conditions [SEC. 6(6)]
Exceptions:
Even if an individual satisfies none of the two basic conditions, he is deemed to be resident
but not ordinarily resident in the cases given below-
First exception: This exception is given under section 6(1A) with Section 6(6) and applicable
from the assessment year 2021-22. Under this exception an individual shall be deemed to be
resident but not ordinarily resident in India, if he satisfies the following 3 conditions –
a. He is an Indian citizen;
b. His total income (other than the income from foreign sources) exceeds ₹15,00,000
during the relevant previous year, and
c. He is not liable to tax in any other country or territory by reason of his domicile or
residence or any other criteria of similar nature.
The rule given by above exception is not applicable in the case of an individual who becomes
resident in India by satisfying any of the basic conditions given by section 6(1). Moreover,
the above exception is not applicable in the case of a foreign citizen (even if he is a person of
Indian origin).
Second exception: this exception is given by section 6(6) with explanation to section 6(1) and
applicable from the assessment year 2021-22. Under this exception, an individual shall be
deemed to be resident but not ordinarily resident in India if he satisfies the following 4
conditions –
a. He is an Indian citizen or a person of Indian origin;
b. His total income (other than the income from foreign sources) exceeds ₹15,00,000
during the relevant previous year;
c. He comes to India on a visit during the relevant previous year, and
d. He is in India for 120 days (or more but less than 182 days) during the relevant
previous year and 365 days (or more) during 4 years immediately preceding the
relevant previous year.
Note:
For computing ₹15,00,000 only taxable income shall be considered. If income is exempt, it
shall not be taken into consideration even if it is derived/received in India.
Non-resident:
An individual who fulfils none of the basic conditions will be treated as non-resident.
Incidence of Tax:
Tax liability of an individual not only depends on the residential status, but also on total
income, Sec 5 deals with the incidence of income tax. This section gives a discussion on
different types of income taxable in the hands of ordinary resident, not ordinary resident &
non-resident.
1. Income received:
An assessee is required to pay on income received in India. Any income is said to have been
received in India, when it is received for the first time. Hence subsequent remittance will not
be regarded as income received.
For ex: If a person receives interest from bank in London on his bank account, the first
receipt taken place in London. If it is subsequently remitted to his bank account in India &
collected on his subsequent visit to India, this cannot be treated as received in India.
Tax Planning:
Tax planning is a way to reduce tax liability by taking full advantages provided by the Act
through various exemptions, deductions, rebates & relief. In other words, it is a way to reduce
tax liability by applying script & moral of law. It is the scientific planning so as to attract
minimum tax liability or postponement of tax liability for the subsequent period by availing
various incentives, concessions, allowance, rebates and relief provided in the Act.
Tax planning can be defined as an arrangement of one’s financial & economic affairs by
taking complete legitimate benefit of all deductions, exemptions, allowances & rebates so
that tax liability reduces to minimum.
Features of Tax Planning:
• It comprises arrangements by which tax laws are fully complied.
• All legal obligations & transactions are met.
• There is no intention to deceit the legal spirit behind the tax law.
Tax Avoidance:
Tax avoidance is an exercise by which the assessee legally takes advantages of loopholes in
the Act. Tax avoidance is a practice of bending the law without breaking it. It is a way to
reduce tax liability by applying script of law only. Most of the amendments are aimed to curb
such loopholes. Tax avoidance is the legal utilization of the tax regime to one's own
advantage, to reduce the amount of tax that is payable by means that are within the law. Tax
avoidance is reducing or negating tax liability in legally permissible ways & has legal
sanction.
Features of Tax Avoidance:
• Legitimate arrangement of affairs in such a way so as to minimize tax liability.
• Avoidance of tax is not tax evasion & carries no public disgrace with it.
• An act valid in law cannot be treated as fictitious merely on the basis of some
underlying motive supposedly resulting in lower payment of tax to authorities.
• There is no element of mala fide motive involved in tax avoidance.
Tax Evasion:
All methods by which tax liability is illegally avoided are termed as tax evasion. An assessee
guilty of tax evasion may be punished under the relevant laws. Tax evasion may involve
stating an untrue statement knowingly, submitting misleading documents, suppression of
facts, not maintaining proper accounts of income earned (if required under law), omission of
material facts on assessment. Tax evasion is the illegal way to reduce tax liability by
deliberately suppressing income or sale or by increasing expenses, etc., which results in
reduction of total income of the assessee. Tax evasion is illegal, both in script & moral. It is
the cancer of modern society and work as a clog in the development of the nation.
Distinguish between Tax Planning, Tax Evasion, Tax Avoidance and Tax Management:
Points of
Tax Planning Tax Avoidance Tax Evasion Tax Management
distinction
Definition It is a way to reduce tax It is an exercise by
It is the illegal way to It is a procedure to
liability by taking full which the assesseereduce tax liability comply with the
advantages provided by legally takes
by deliberately provisions of the
the Act through various advantage of the suppressing income or law.
exemptions, deductions, loopholes in the sale or by increasing
rebates & relief. Act. expenses, etc., which
results in reduction of
total income of the
assessee.
Feature Tax planning is a Tax avoidance is a Tax evasion is illegal, It is implementation
practice to follow the practice of both in script & moral. or execution
provisions of law within bending the law part of taxation
the moral framework. without breaking it. department of an
organisation.
Object To reduce tax liability To reduce the tax To reduce tax liability To comply with the
by applying script & liability to the by applying unfair provisions of laws.
moral of law. minimum by means.
applying script of
law only
Approach It is futuristic and It is futuristic but It is concerned with It is a continuous
positive in nature. short term in nature, past and applied after approach, which is
The planning is made as loophole of the the liability of tax has concerned with past
today to avail benefits law will be arisen. It is done with (rectification,
in future. corrected in future negative approach to revisions etc.),
by amendments of avail benefits by present (filing of
the law. killing the moral of return, etc.) & future
law. (corrective action).
Benefit Generally, arises in long Generally, arises Generally, benefits Penalty, interest &
run. in short run. do not arise but it prosecution can be
causes penalty and avoided.
prosecution.
Treatment It uses benefits of the It uses loopholes in It overrules the law. It implements the
of Law law. the law. law.
1. X left India for the first time on May 20, 2023. During the financial year 2025-26, he came to
India once on May 27 for a period of 53 days. Determine his residential status for the
assessment year 2026-27.
2. X comes to India, for the first time, on April 16, 2023. During his stay in India up to October
5, 2025, he stays at Delhi up to April 10, 2025 and thereafter remains in Chennai till his
departure from India. Determine his residential status for the assessment year 2026-27.
3. X, a foreign national (not being a person of Indian origin), comes to India for the first time on
April 15, 2019. During the financial years 2021-22, 2022-23, 2023-24, 2024-25 & 2025-26
he is in India for 130 days, 80 days, 13 days, 210 days, & 75 days respectively. Determine the
residential status of X for the assessment year 2026-27.
4. X, a foreign citizen (not being a person of Indian origin), leaves India for the first time in the
last 20 years on November 20, 2023. During the calendar year 2024, he comes to India on
September 1 for a period of 30 days. During the calendar year 2025, he does not visit India at
all but comes to India on January 16, 2026. Determine the residential status of X for the
assessment year 2026-27.
5. X is a foreign citizen (not being a person of Indian origin). During the financial year 2025-26,
he came to India for 70 days. Determine his residential status for the assessment year 2026-27
on the assumption that during financial years 2011-12 to 2024-25, he was present in India as
follows:
2024-25 100 days 2017-18 181 days
2023-24 80 days 2016-17 90 days
2022-23 60 days 2015-16 71 days
2021-22 126 days 2014-15 4 days
2020-21 80 days 2013-14 8 days
2019-20 70 days 2012-13 55 days
2018-19 23 days 2011-12 298 days
6. X, an Indian citizen, who is appointed as senior taxation officer by the Government of Nigeria, leaves
India, for the first time, on September 26, 2025 for joining his duties in Nigeria. During the previous
year 2026-27, he comes to India for 116 days. Determine the residential status of X for the assessment
years 2026-27 & 2027-28.
7. X, an Indian citizen, leaves India for the first time on September 20, 2023 for the purpose of
employment. He comes to India for a visit of 146 days on April 10, 2024. He finally comes back on
May 16, 2025. Find out the residential status of X for the assessment year 2026-27.
8. X is a foreign citizen (not being a person of Indian origin). Since 1981, he visits India every
year in the month of April for 100 days. Find out the residential status of X for the
assessment year 2026-27.
Previous Year Presence in India Previous Year Presence in India Previous Year Presence in India
2025-26 55 days 2022-23 170 days 2019-20 70 days
2024-25 190 days 2021-22 200 days 2018-19 71 days
2023-24 200 days 2020-21 250 days 2017-18 72 days
For the previous year 2025-26, X is not taxable in Dubai or in any other country/territory by
reason of his domicile or residence. Income of X (other than from foreign sources) for the
previous year 2025-26 is ₹16,00,000. Find out the residential status of X for the assessment
year 2026-27.
1. For the assessment year 2026-27 (previous year 2025-26), X is employed in India and gets
₹6,00,000 (after standard deduction) as salary. His income from other sources includes:
Dividend received in London on June 3, 2025: ₹1,00,000 from a foreign company; share of
profit received in London on December 15, 2025 from a business situated in Sri Lanka but
controlled from India: ₹2,00,000; remittance from London on January 15, 2026 out of past
untaxed profit of 2024-25 earned & received there: ₹3,00,000 & interest earned & received in
India on May 11, 2026: ₹1,92,000.
Find out his gross total income, if he is (a) resident & ordinarily resident, (b) resident but not
ordinarily resident, & (c) non-resident for the assessment year 2024-25.
2. X is resident & ordinarily resident in India for the assessment year 2026-27. He gives the
following information in respect of his income for the previous year 2025-26:
➢ Capital gain on sale of a house situated in Pune (sale consideration is received in
Nepal): ₹10,00,000.
➢ Salary received in Sri Lanka for rendering service in Tamilnadu (Salary after standard
deduction being ₹1,60,000): ₹.1,60,000.
➢ Interest received from Government of India (it is paid to him in Sri Lanka, the money
is utilized by the Government outside India): ₹.2,56,000
➢ Royalty received from A Ltd. (a foreign company which is non-resident in India)
outside India (royalty is paid for a manufacturing business situated outside India):
₹92,00,000
Find out the taxable income of X for the assessment year 2026-27.
3. X furnishes the following particulars of his income earned during the previous year relevant
to the assessment year 2026-27: ₹.
Interest on German Development Bonds (two-fifths is received in India) 60,000
Income from agriculture in Bangladesh, received there but later on ₹50,000
is remitted to India (agricultural activity is controlled from Bangladesh) 1,81,000
Income from property in Canada received outside India (₹76000 is used in
Canada for meeting educational expenses of X’s daughter in USA &
₹10,000 is later on remitted to India) 86,000
Income earned from business in Kampala (Uganda) which is controlled
from Delhi (₹15,000 is received in India) 65,000
Dividend paid by a foreign company but received in India on April 10, 2025 46,500
Past untaxed profit of 2021-22 brought to India in 2025-26 10,43,000
Profits from a business in Chennai & managed from outside India 27,000
Profits on sale of a building in India but received in Sri Lanka 14,80,000
Pension from a former employer in India, received in Rangoon 36,000
Gift in foreign currency from a friend received in India on January 20, 2026 80,000
Find out the gross total income of X, if he is (a) resident & ordinarily resident, (b) resident
but not ordinarily resident, & (c) non-resident for the assessment year 2026-27.
4. The following are the incomes of Shri Ram Prasad for the previous year 2025-26:
➢ Profit from business in Iran received in India ₹5,000
➢ Income from house property in Iran received in India ₹500
➢ Income from house property in Nepal deposited in a bank there ₹1,000
➢ Profits of business established in Japan deposited in a bank there ₹20,000 (out of
₹20,000 a sum of ₹10,000 is brought into India) this business is controlled from India.
➢ Accrued in India but received in England ₹2,000
➢ Profit earned from business in Kanpur ₹6,000
➢ Income from agriculture in England – it is all spent on the education of children in
London ₹5,000
➢ Past untaxed foreign income brought into India during the previous year ₹10,000.
From the above particulars ascertain the taxable income of Shri Ram Prasad for the previous
year 2025-26 if Shri Ram Prasad is (i) a resident, (ii) a not ordinarily resident, & (iii) a non-
resident.
5. The following are the incomes of Shri Kishan Lal for the previous year 2025-26:
➢ Income from agriculture in Europe ₹30,000
➢ Income from salary received in India but the services were rendered in Nepal
(computed) ₹12,000
➢ Income from a business carried on in India ₹12,000
➢ Dividend from a Domestic Company ₹2,000
➢ Income earned & received in Bangladesh from bank deposits there ₹6,000
➢ Income from business in Ceylon but controlled from India & remitted to India
₹14,000
Compute Shri Kishan Lal’s gross total income for the A.Y. 2026-27 if he is: (i) a resident, (ii)
a not ordinarily resident, & (iii) a non-resident.
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