Escolar Documentos
Profissional Documentos
Cultura Documentos
ASSESSMENT YEARS 2007-08 100000 135000 185000 10% 20% 20% 30% 30% 30% 30% 10% 2% 30% 10% 30% 10% 10% 12.5% 0% 2% 2008-09 110000 145000 195000 10% 20% 20% 30% 30% 30% 30% 10% 3% 30% 10%2 30% 10%2 10% 15% 10% 3% 2009-10 150000 180000 225000 NIL 10% 10% 10% 20% 30% 30% 10% 3% 30% 10%2 30% 10%2 10% 15% 10% 3% 2010-11
160000
2011-12
160000
190000 240000 NIL NIL 10% 10% 20% 30% 30% 3% 30% 30% 10%2 15% 15% 10% 3%
190000 240000 NIL NIL 10% 10% 10% 20% 30% 3% 30% 30% 7.5%2 18% 15% 7.5% 3%
1900001 250000 NIL NIL 10% 10% 10% 20% 30% 3% 30% 30% 5%2 18.5% 15% 5% 3%
1
RATE (% of WDV) IncomeTax Co's Act TANGIBLE ASSETS AY 2006-07 Onward Single Shift / 60% COMPUTER H/W & S/W 40% 15% PLANT & MACHINERY 13.91% 10% 18.1% FURNITURE & FIXTURE 15% 25.89% CAR & VEHICLES 40% CAR & VEHICLES USED ON HIRE 30% 10% 10% BUILDING - NON RESIDENTIAL 5% 5% BUILDING RESIDENTIAL DEPRECIATION
INTANGIBLE ASSETS: KNOW HOW, PATENTS, COPYRIGHT, TRADEMARKS 25% -I.T. Act Dep. - If assets is put to use less than 180 days during the year - Half of usual depreciation. Co. Act Dep.- Pro rata basis from the date of addition or up to the date of sale/discarded.
SERVICE TAX
upto From 01-04-2005 From 01-04-2007 EXEMPTION LIMIT 31-03-2005 To 31-03-2007 To 31-03-2008 From 01-04-2008 Basic Exemption Notification 6/2005 Dt. 01-03-2005 Registration reqd. Sec. 69 Rule 4
Zero Zero
400000/300000/-
800000/700000/-
1000000/900000/-
Rate 30%
Sec. 77 : Failure to take Regd. Penalty Min. Rs. 200/-per day, Max. to Rs. 10000/- (earlier Rs. 5000/-) TAX RATE Tax Rate Education Cess 01-07-94 to 14-05-03 to 10-09-04 to 18-04-06 to 11-05-07 to 24-02-2009 13-05-03 09-09-04 17-04-06 10-05-07 23-02-2009 to onwards 5% 8% 10% 12% 12% 10% NIL NIL 2% 2% 3% 3%
FRINGE BENEFIT TAX (w.e.f. A.Y. 2006-07) No more applicable from A.Y. 2010-11
ADVANCE INCOME TAX Due Date Company By 15th June < 15% By 15th Sept. < 30% PENALTY :
If Tax Liability > Rs. 10000/Due Date Others NIL By 15th Dec. By 15th Mar. < 30%
Point of l Taxation : W.e.f. 1-4-2011 liability of Tax - Accrual Basis except the service provider being Individual / Proprietorship / Partnership Firn. Rendering Services of Architect / Interior Decorator / CA / CS / CWA / Scientific or Technical Consultancy and Legal Service. Tax to lbe paid Quarterly (Monthly in case of Company) in GAR-7 challan by 5th of the next month (6th day of month, if the duty is deposited electronically through Internet Banking) and for March or quarter ending March by 31st March. Half-Yearly Return in (ST-3) to be filed by 25th of the month following the particular l half year, except Input Service distributor - can file upto last day of following month, when due date is public holiday, return may be filed on the suceeding working day. Interest l on delayed tax payment u/s 75 @ 13% P.A. (No. of days of delay) and 10% for the assesee whose turnover is upto Rs. 60 Lac. Composition rate of service tax for works contract services is increased to 4% (wef l 01-03-08) Filing of l Return Sec. 70 Rule 7 even NIL return is mandatory under Service Tax. Resident Welfare Association & Co-Operative Housing Societies are exempt, l where the monthly contribution of a member does not exceeds Rs. 3,000/- per month. Revision l of Return Sec. 70 Rule 7B : An Assessee may submit a revised return in Form ST - 3 in triplicate to correct a mistake or omission, within a period of 90 days from the date of submission of return under rule 7. Penalty l for failure to pay S. Tax u/s 76 - Min. Penalty 1% per month or Rs. 100/- per day which ever is higher, Max. penalty 50% of tax Amount w.e.f. 1-4-2011. Service l Tax to be paid online compulsorily if the same including cenvat, exceeds Rs. 10 Lakh per annum w.e.f. 01.04.2010
Limit upto 30-06-10 5000* 20000 20000 2500 1,20,000 1,20,000 20,000
Limit w.e.f. 01-07-10 5,000* 30,000** 30,000** 5,000 1,80,000 1,80,000 30,000
Sr. Citizen age 60 yrs. w.e.f. A.Y. 2012-13 & Super Sr. Citizen > 80 yrs. basic exemp. 5 Lacs. 2 SC applicable only if net income exceeds 1 Cr.
194A Interest other than Interest on securities 194C Payment to a Contractor / Sub Contractor - [Note 1 & 2] Payment / credit to an Ind / HUF Payment / credit to any person other than an Ind / HUF 194H Commission or Brokerage 194I Rent [Note 3] Plant and Machinery Land or Building or Furniture or Fitting 194J Fee for Professional or Technical services [Note 2]
I) 271 (1) (b) - Failure to comply with notice u/s115WD(2), 115WE(2), 142(1) & 143(2) Rs. 10,000/- for each failure. ii) 271 (1) (c) - Concealment of particulars of Income Tax / FBT - 100% to 300% of Amt. of Tax sought to be evaded. iii) 271B - Failure to get accounts audited u/s 44AB - 0.5% of the turnover or Rs. 150,000/- which ever is less (w.e.f. A.Y. 2011-12). iv) 271F - Failure to furnish return of Income before the end of the relevant AY - Rs. 5,000/v) 272A (1) (c) - Failure to comply with summons issued u/s131(1) - Rs. 10,000/- for each default.
SALARY Standard Deduction : No Std. Deduction shall be allowed from Ass. Year 2006-07 Transport Allowance : Rs. 800/- p.m. House Rent Allowance [Sec. 10(13A) and Rule 2A] : Least of the following is exempt from tax i) 50% of (Salary + DA) for metro / 40% of salary for other cities ii) HRA received iii) Rent paid -10% of salary Valuation of unfurnished rent free accommodation [ Rule - 3(1)] for private sector employee. Population exceeding 25Lac - 15% of salary (Basic + DA + Bonus + all taxable allowance) Population exceeding 10 Lac but less than 25Lac - 10% of salary (Basic + DA + Bonus + all taxable allowance) Any other - 7.5% of salary (Basic + DA + Bonus + all taxable allowance) HOUSE PROPERTY Only two deduction u/s24 :
i) Standard deduction u/s24(a) - 30% of Net Annual Value ii) Interest on borrowed capital - u/s24(b) - Deduction is available on accrual basis. a) Interest payment for self occupied house for acquisition or construction upto Rs. 1,50,000/b) Interest payment for re-construction, repairs or renewals upto Rs. 30,000/-
MINIMUM ALTERNATE TAX : (Sec. 115JB) a) In calculation of Book Profit - Income Tax / Deffered Tax / Dividend Tax & their interest & cess if debited in P/L - to be added back, whereas, STT, BCTT, CTT, Wealth Tax, FBT, Indirect Tax if debited in P/L - not to be added back. b) MAT credit available for 10 years.
TAXATION OF FIRMS / LLP
a) Interest on capital of partners be allowed upto 12% P.A. as deductions. Sec. 40(b)(iv) b) Share of profit of the partners in the income of the Firm will be exempt in the hands of the Partner. Sec. 40(b)(v) b (i) Partners remuneration u/s 40(b) upto Asst.Yr. 2009-10. Firm carrying on a) b) c) On the 1st Book Profit of Rs. 1 Lac or Loss Next 1 Lac Balance Prof. 50000/- or 90% whichever is more 60% 40% Firm carrying on a) On the 1st Book Profit of Rs.75000/- or Loss b) Next 75,000/c) Balance Buss. 50000/- or 90% whichever is more 60% 40%
* For Banks/Post Office threshold limit is Rs.10000 ** Rs. 30000 in a single payment or Rs. 75000 in the aggregate during financial year
If recipient does not furnish his PAN to deductor ,tax will deducted @20%(wef. 01/04/2010) Note: 1. If recipient is a transporter contractor (any person) and he or it furnishes his PAN to the deductor, tax is not deductible. (wef. 01/10/2009)(PAN intimated to IT.Dept ) 2. Tax is deductable on the entire consideration including service tax if any 3. Tax is not deductable on service tax (Circular No. 4/2008) Time Limit for Submission of Form 15G / 15H : Sec. 197A(2) : Deductor is required to submit to the CIT (To whom AO having jurisdiction to access the payer is subordinate) one copy of form 15G / 15H within 7 days of the month next following the month in which such Form is furnished to him. Obtaining Certificate for Deduction at Lower Rate : Sec. 197 (1) Apply to tax deductible u/s 192, 193, 194, 194A, 194C, 194D, 194G. 194I, 194J, 194K, 194LA or 195 (2) Deductee/Recipient to apply in Form 13 to AO for the certificate authorizing the deductor to deduct tax at lower or no tax.
CAPITAL GAIN
LTCG - Equity shares / units of equity oriented mutual fund if chargeable to STT - Exempt - Listed Security (Equity Share / Preference Share / Debenture / Government security) other than above Option - I) (Without indexation) - 10% Option - II) (With indexation) - 20% - Other than above capital assets (u/s 112) taxable a flat rate of 20% STCG - Equity shares / units of equity oriented mutual fund if chargeable to STT (covered by Sec. 111A) - 15% (10% upto AY 2008-09) - Other than above capital assets - Normal rate (like other income) Note : Deduction u/s 80C to 80U not available in capital gain.
b ii) Partners Remuneration u/s 40(b) w.e.f. Asst. Yr. 2010-11 Book Profit of Business/ Profession * If book profit is negative * In case book profit is positive On first Rs.3 lakh of book profit On the balance of the book profit Amount deductable Rs. 1,50,000 Rs.1,50,000 or 90% of book profit, whichever is more 60%of book profit
Long Term Capital Gain - Exemption A B Who can claim exemption Eligible assets sold
u/s 54F Ind/HUF Any LT asset (other than a residential house property) provided on the date of transfer the taxpayer does not own more than one residential house property from the assessment year 2001-02 (except the new house) Residential house property Purchase : 1 year back or 2 year forward Construction : 3 year forward
Amount not deductable [u/s 40 (a) (ia)] (1) Tax is deductable but not deducted in F.Y. (2) Tax is deductable and deducted in F.Y. but not deposited on or before the due date of submission of return of income for the financial year. Interest on failure to deduct or pay tax at source u/s 201 (1A) Rate of Interest 1% 1.5% Period of which interest payable (Per month or part) From the date on which tax was deductible to date on which tax is actually deducted From the date on which tax was actually deducted to the date on which tax is actually paid.
* Ruduction / Waiver of Penalty if Ser. Tax is NIL, Notification 4/2008 dt. 01-03-2008. COMPANIES - FILLING FEE
REGISTRATION FEES PAYABLE TO REGISTRAR OF COMPANIES AUTHORISED SHARE CAPITAL 1,00,000 From 1,00,001 to 5 lacs From 5,00,001 to 50 lacs From 50,00,001 to 1 Crore Above 1 Crore REGD. FEES 4,000 4,000+3% of Enhanced capital 16,000+ 2% of Enhanced capital 1,06,000+1% of Enhanced capital 1,56,000+0.50% of Enhanced capital FILING FEE FOR DOCUMENTS AUTHORISED CAPITAL Less than Rs. 1,00,000 Rs. 1,00,000 or more but less than Rs. 5,00,000 Rs. 5,00,000 or more but less than Rs. 25,00,000 FILING FEE Rs. 100 Rs. 200 Rs. 300 Rs. 500
C D
Assets to be acquired for exemption Time limit for acquiring the new assets
Residential house property Purchase :1 year back or 2 year forward, Construction: 3 year forward Investment in the new assets or capital gain, which ever is lower Yes
Exemption Amount
Investment in the new assets Investment in the new assets or capital gain, ------------------------------------------ X Capital Gain Net Sale consideration which ever is lower (Max. Rs. 50 Lacs in Prev. yr.) No Yes
IMPORTANT PROVISIONS : a) Compulsory Filing of Income Tax Return u/s 139 i) Any Company ii) All Partnership Firms, iii) All Person (without claiming deduction u/s 10A, 10B, 10BA, 80C to 80G) exceed the amount of exemption slab. b) Limits u/s 44AB enhanced to Rs. 60 Laks for business and to Rs. 15 Laks for Professionals. c) Advance FBT paid for A.Y. 2010-11 will be treated as Advance Income Tax. d) The Quantum of weighted ded. increased to 200% w.e.f. A.Y. 2012-13 u/s 35 (2AA) e) M.A.T. made applicable to SEZ units / developers w.e.f. A.Y. 2012-13.
(d) Time limit under various sections under Income Tax Act : Section 139(1) Compliance Return of Income / Wealth Company required to furnish report u/s. 92E Other Companies Non Corporate assessee where account to be audited or working partner of firm whose accounts to be audited Any other case Time / Due date 30th Nov. 30th Sep. 30th Sep.
COMPLIANCE CALENDAR
Date 5th of every month (6th of every month if paid electronically) 7th of every month 10th of every month 15th of every month 21st of every month Particulars Excise duty of preceeding month (for the month of March due date is 31st March). ii) Service Tax of preceeding qtr. (monthly in case of company) for the month / qtr. ending March due date is 31st March. TDS / TCS payment for the preceeding month (30th April with respect to TDS for the month of March) i) Excise return (ER - 1) for the preceeding month ii) ER-6 monthly return u/r 9A(3) of CCR, 2004 PF payment (excluding the 5 grace day allowed) for the preceeding month i) ESIC payment for the preceeding month ii) WBVAT payment for preceeding month (For the month of March VAT collected till 25th March due date is 28th March and for rest 6 days due date is 21st April) 25th of every month End of the month 15/06, 15/09, 15/12, 15/03 15/07,15/10, 15/01, 15/05 30/07, 30/10, 30/01, 30/06 31/07, 31/10, 31/01, 30/04 25/04, 25/10 11/11, 11/05 30/04 30/11 i) PF monthly return for the preceeding month ii) Generation of ESI Docket for the preceeding month P.Tax payment for the preceeding month Advance Income tax - installments for the year TDS/TCS Quarterly Return in 24Q/26Q/27Q & 27 EQ (All in electronic form) Issue of TDS cert. Form 16A/27D for the preeceding quater (Annualy or 31st May in case of form 16) i) VAT Return for the preeceding quarter ii) P. Tax Return for the preeceding quarter Half yearly service tax return in Form ST-3 Half yearly ESI Return i) Annual PF return for the Year ending 31 March ii) ER-5 declaration u/r 9A(1) of CCR, 2004 ER-4 declaration u/r 12(2)(a) of CER, 2004* (pertaining to previous FY) i)
139(3) 139(4)
31st July As per Time allowed u/s 139(1) 1 year from the end of relevant Ass. yr. or before completion of Ass. whichever is earlier. 1 year from the end of relevant Ass. yr. or before completion of Ass. whichever is earlier. 6 months from the end of the F.Y. in which return is submitted. 4 yrs. from end of relevant Ass. Yr. 4 yr. from end of relevant Ass. Yr. 6 yr. from end of relevant Ass. Yr. 4 yrs. from end of the F.Y. in which order sought to be amended is passed. 30 days from the date of service of demand notice. 60 days from the date of service of order of CIT(A) 1 year from the date on which order communicated to assesses. CIT(A) u/s 249 Assd. Income > 2L Any other matter Rs. 1000 Rs. 250 ITAT u/s 253 1% or Max. Rs. 10000 Rs. 500
Loss Return No loss c/f, if return filed after due date except HP Loss Belated Return
REVISED ADDITIONAL FEE ON LATE FILING OF DOCUMENTS W.E.F. 05-12-2010 Period of Delay Upto 30 Days More than 30 Days & Upto 60 Days More than 60 Days & Upto 90 Days More than 90 Days No. of times of Filing Fee Two Four Six Nine
139(5)
OTHER SOURCES : Receipts without / inadequate consideration 'Exceeding Rs. 50000/- to be treated as income. u/s 56(2)(vii) w.e.f. 01-10-2009 : Any individual or HUF receives from any person (other than exempted category) any sum of money or movable property without / inadequate consideration, difference of F.M.V. & consideration exceeds Rs. 50,000/-, the diffrence will be taxable in the hands of receipent. In case of immovable property if transfer is for without consideration, F.M.V. exceeding Rs. 50,000/-, the whole F.M.V. will charged to tax. Exempted categories-from relative/under will or Inheritance /on Marriage/ In Death /Local Auth./u/s 10(23C) Meaning of relative - Spouse of the individual/Brother or Sister of the individual / Brother or Sister of the Spouse of the individual/Brother or Sister of either of the parents of the individual /any lineal ascendent or descendent of the individual / any lineal ascendent or descendent of spouse of the individual / spouse of the person above. u/s. 56(2)(viia) : w.e.f. 01-06-2010 : Receipt of shares by firm or closely held company by any person on or after 01-062010 without / inadequate consideration - difference of aggregate value and consideration will be taxable in the hands of receipent if difference is more than Rs. 50,000/-.
U/S 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 LIC / NSC / PPF / Tution Fee 80C* 100000* 100000* 100000* 100000* 100000* 100000* Pension Fund 80CCC* 100000* 100000* 100000* 100000* 100000* 100000* Long Term Infrastructure Bond 80CCF -- 20000 20000 Mediclaim 80D 10000 15000 15000* 15000* 15000* 15000* For Sr.Citizen 15000 20000 20000* 20000* 20000* 20000* * Addl. dedu. for any payment of mediclaim for parents Rs. 15,000/- (Rs. 20,000/-, if parents is Sr. Citizen) Donation 80G 50% of Donation or (10% of adjusted GTI) whichever is lower) Rent Paid 80GG Lower of (i) Rent paid -10% of total Income, (ii) 25% of the total income (iii) Rs. 2000/- per month. Note : (i) Rebate u/s 88E discontinued from Asst. Yr. 2009-10 {STT to be deducted u/s 36 (I) (xv)} (ii) U/s 80C, 80CCC & 80CCD(1) [i.e. employee controbution (or any other individual) towards motified pension scheme (NPS)] and 80CCD(2) employers contribution towards NPS cannot exceed Rs. 1 Lac (applicable for the A.Y. 2006-07 to 2011-12) and (iii) U/s 80C, 80CCC & 80CCD(1) [i.e. employee contribution (or any other individual) towards NPS cannot exceed Rs. 1Lac from A.Y. 2012-13
Revised Return No return can be revised until unless original return filed within due date or in pursuance of Notice issued u/s. 142(1) Service of notice for scrutiny assessment Reassessment where assessment made u/s 143(3) or 147 Issue notice u/s 148 if the escaped income is (i) less than one lakh (ii) Rs. One lakh or More
154(1)/(7)
Filing Appeal to CIT (A) Filing Appeal to ITAT Revision Petition to CIT
DEDUCTIONS*
(E) Appeal Fees : Assd. Income < 1 Lac / Loss Assd. Income > 1lac < 2 lac
Applicability: ESI if gross salary <=15000/-, PF if basic salary <= 6500/-,P.Tax if gross salary <= 3000/-
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