Professional Documents
Culture Documents
PROJECT ON
SUBMITTED TO:
MUKESH KUMAR GHOSH SIR
ASSISTANT PROFESSOR
INCOME TAX
SUBMITTED BY:
VIJAYANT PATEL
ROLL NO. 41, BCOM LLB 8th SEMSTER
SCHOOL OF LAW
GURUGHASIDAS CENTRAL UNIVERSITY,
BILASPUR
TABLE OF CONTENTS
Declaration……………………………………………………3
Certificate…………………………………………………….4
Acknowledgement……………………………………………5
Table of Cases………………………………………………...6
Research Methodology………………………………………7,8
Introduction – …………………………………………..........9, 10
Case law,s…………………………………………………………17
Conclusion…………………………………………………………18
Bibliography………………………………………………………..19
DECLARATION
I, VIJAYANT PATEL, Roll No. 41, BCOM LLB 8th Semester of Guru Ghasidas
University do hereby declare that, this project is my original work and I have not copied this
project or any part thereof from any source without due acknowledgement. I am highly
indebted of the my subject professor who guide me and help me out in making this project,
authors of the books that I have referred in my project as well as the writers of the articles
and the owner of the information taken from website on it. It is only because of their
contribution and proper guidance of my faculty advisor MUKESH KUMAR GHOSH, that
I was able to gather lights on this project.
VIJAYANT PATEL
Roll No. 41
Here though I declare that this paper is an original piece of research and all borrowed texts
and ideas have been duly acknowledged.
Roll No. 31
I would like to express my earnest and deepest gratitude to, MUKESH KUMAR GHOSH
Faculty for giving me this opportunity to do a project on such a valuable topic of “POWER
AND DUTIES OF INCOME-TAX AUTHORITIES”. I am grateful for the assistance,
guidance and support that were extended during the course of excellent research. I am also
thankful to the Department for providing the resources necessary for the research work. I
thank my parents and my friends for their moral support and love throughout my research
work and project preparation. Above all I thank God Almighty for blessing me with the
health and vitality to complete the project.
VIJAYANT PATEL
ROLL NO. 41
1) Cambay Electric Supply Industrial Co. Ltd. vs. CIT , (1978) 113 17
ITR 84 (SC),
TABLE OF CASES
Research Methodology
Title
Problem
It is very hard to write such a vast topic in few pages if we have to deal with all the
deduction from gross total income.
Rationale
The objective of the project is for the fulfillment of assignment work given to me. The
fundamental objective of my research is to analyze the A doctrine repugency under
interpretation of statues. The object of writing this project is to give a clear picture of the
doctrine of approver in The Scope is confined only to Information technology..
Review of literature
The secondary sources of data collection such as the books and various journals have been
used with the help of the access to the library and the software. The database which is used
in this particular project is from the library, Google books and articles from the internet.
Method of Research
For this project, I followed doctrinal method which includes both descriptive method and
analytical method of writing throughout this project. Books and other reference materials are
taken from the Department Library and this book are very helpful for the completion of this
research paper.
Time limit
Time limit for submission this project is 17 April 2017 and it takes two months for
completion of project on “deduction from gross total income.”
[INCOME TAX]
“DEDUCTION FROM GROSS TOTAL INCOME”
Standard Deduction - In the United States, a standard deduction is given on federal taxes
for most individuals. The amount of the federal standard deduction varies by year and is
based on the taxpayer's filing characteristics. Each state sets its own tax law on standard
deductions, with most states also offering a standard deduction at the state tax level.
Taxpayers have the option to take a standard deduction or to itemize deductions. If a
taxpayer chooses to itemize deductions, then deductions are only taken for any amount
above the standard deduction limit.
There are a number of common tax deductions and also many overlooked tax deductions at
the federal and state tax level that taxpayers can utilize to lower their taxable income.
Common tax deductions include property tax and charitable donations. Homeowners also
enjoy some added advantages in regards to tax deductions.
Some uncommon tax deductions include sales tax on personal property purchases and annual
tax on personal property, such as a vehicle. Many expenses incurred throughout the year for
personal and business reasons may also be eligible for itemized deductions, such as
networking expenses, travel expenses, health expenses and some transportation expenses.
Deduction not to be allowed unless return furnished [Sec. 80AC]1 - Where in computing
the Total Income of an assesses of the Previous Year relevant to the Assessment Year
commencing on the 1st day of April, 2006 or any subsequent Assessment Year, any
deduction is admissible under Section 80-IA or Section 80-IAB or Section 80-IB or Section
80-IC or Section 80-ID or Section 80-IE, no such deduction shall be allowed to him unless
he furnishes a return of his income for such Assessment Year on or before the due date
specified under sub-section (1) of section 139.
2. To effect or keep in force a Non Commutable deferred annuity contract on life of self,
spouse and any child in case of individual
1
Inserted by the Finance Act, 2006. Rai Kailash,Taxation Laws p.319, (Allahabad Law Agency, Allahabad,
Reprint 2015)
4. As contribution (not being repayment of loan) by an individual to Statutory Provident
Fund
5. As contribution to PPF scheme, 1968 in the name of self, spouse & any child in case of
individual and any member in case of HUF.
5. As contribution to PPF scheme, 1968 in the name of self, spouse & any child in case of
individual and any member in case of HUF.
8. Subscription to the NSC (VIII issue) and IX issue including accrual interest for 6 years.
Limit of deduction under section 80-c, 80-ccc, 80-ccd (section 80-ccce)2 – The aggregrate of
amount of deduction under section 80-c, 80-ccc & 80-ccd shall not, in any case exceed one
lac rupees.
2
Finance act, 2005 w.e.f 1-4-2006, Atul Kumar,Taxation Laws,p.256, (Central Law Publications, Allahabad,
nd
2 Edn, 2014.)
Deduction u/s.80D - Deductions in respect of Medical insurance premia, health check up
and medical treatment: Medical insurance premium (Med claim Policy) paid: On the health
of taxpayer, spouse, parents and dependent children. The premium can be paid by any mode
other than cash-
Deduction:-
(a) Tax payer is a resident individual (b) Tax payer has incurred an expenditure for medical t
Deduction u/s.80DDB
This deduction is not allowable by the employer Following conditions has to be satisfied -
(a) Taxpayer is resident Individual or HUF. (b) Taxpayer has actually incurred expenditure
for the medical treatment of a specified disease or ailment as prescribed by the Board. (c)
The expenditure is actually incurred for medical treatment of the assesses himself or
dependent spouses parents, children’s, brothers & sisters. (d) The assesses shall have to
submit a certificate in the prescribed form.
Conditions:
(a) Donation should not be in kind. (b) Donation exceeding `10,000 must not be paid by
cash, may be paid by other mode. (c) Donation should be made to specified funds or
institution.
(A) Donations made to the following are eligible for 100% deduction without any qualifying
limit –
3
The present position has been stated w.e.f. 2014 – 15, Atul Kumar,Taxation Laws,p.262, (Central Law
Publications, Allahabad, 2nd Edn, 2014.)
Donations made to Zila Saksharta Samitis.
The National Blood Transfusion Council or a State Blood Transfusion Council.
The Army Central Welfare Fund or the Indian Naval Benevolent Fund or The Air
Force Central Welfare Fund.
The National Illness Assistance Fund
50 % Deduction in other cases
(B) Donations made to the following are eligible for 50% deduction without any qualifying
limit -
Jawaharlal Nehru Memorial Fund.
Prime Minister’s Drought Relief Fund.
National Children’s Fund.
Indira Gandhi Memorial Trust.
The Rajiv Gandhi Foundation.
Deductions -u/s.80GG –
Following conditions is to be satisfied - (a) Tax payer is an individual. (b) Tax payer is a self
employed person or salaried person who is not receipt of HRA. (c) Tax payer/spouse/minor
child does not own a residential accommodation at a place of employment or business.
Amount of deduction - 100 % of profits and gains for 10 consecutive AY s - (1) Where the
Gross Total Income of an assessee, being a Developer, includes any profits and gains
derived by an undertaking or an enterprise from any business of developing a Special
Economic Zone, notified on or after the 1st day of April, 2005 under the Special Economic
Zones Act, 2005, there shall, in accordance with and subject to the provisions of this Section,
be allowed, in computing the Total Income of the assesses, a deduction of an amount equal
to one hundred per cent of the profits and gains derived from such business for ten
consecutive Assessment Years.
(2) The deduction specified in sub-section (1) may, at the option of the assessee, be claimed
by him for any ten consecutive Assessment Years out of fifteen years beginning from the
year in which a Special Economic Zone has been notified by the Central Government
Provided that where in computing the Total Income of any undertaking, being a Developer
for any Assessment Year, its profits and gains had not been included by application of the
provisions of sub-section (13) of Section 80-IA, the undertaking being the Developer shall
be entitled to deduction referred to in this Section only for the unexpired period of ten
consecutive Assessment Years and thereafter it shall be eligible for deduction from income
as provided in sub-section (1) or sub-section (2), as the case may be Provided further that in
a case where an undertaking, being a Developer who develops a Special Economic Zone on
or after the 1st day of April, 2005 and transfers the operation and maintenance of such
Special Economic Zone to another Developer (hereafter in this Section referred to as the
transferee Developer), the deduction under sub-section (1) shall be allowed to such
transferee Developer for the remaining period in the ten consecutive Assessment Years as if
the operation and maintenance were not so transferred to the transferee Developer.
(3) The provisions of sub-section (5) and sub-sections (7) to (12) of Section 80-IA shall
apply to the Special Economic Zones for the purpose of allowing deductions under sub-
section (1).
Deductions in respect of profits and gains of an eligible start-up from eligible business
(Sec 80-IAC)
Conditions: 1.The eligible start up should fulfill the specified conditions. Where deduction
is claimed under this provision in respect of profits of an eligible start up, deduction to the
extent of such profits shall not be allowed under sections 80 HH to 80 RRB and deduction
under this provision shall not exceed the profits of the start-up.
2. The accounts of the start-up are required to be audited and an audit report is to be
furnished in the prescribed form.
Deductions for profits and gains from developing and building affordable housing
projects (Sec 80-IBA)
Amount of deduction - 100 % of profits and gains from business of such housing projects
Interim question - Deduction under Section 80-IB is available to: (a) Charitable Trust. (b)
Tour and Travels. (c) Industrial Research. (d) Convention Centre.
Which of the following gets 50% deduction on the profits and gains derived from its
business for a period of five consecutive years beginning from the initial assessment year in
any place (a) Multiplex Theatre (b) Convention Centre (c) Hospital (d) Charitable Trust?
Deduction under section 80-IB in respect of profits and gains from certain industrial
undertakings other than infrastructure development undertakings:
Deduction under section 80-IB is available to different industrial undertakings as
follows –
4-2003 under the Patents Act, 1970. (c) His gross total income of the previous year includes
royalty in respect of such patent. Amount of deduction 100% of such royalty income or Rs.
3,00,000, whichever is less.
Where any income is earned from any source outside India, only so much of the
income shall be taken into account for the purpose of this section as is brought into
India by, or on behalf of, the assessee in convertible foreign exchange within a
period of six months from the end of the previous year in which such income is
earned or within such further period as the competent authority may allow in this
behalf.
Where a compulsory license is granted in respect of any patent under the Patents
Act, 1970, the income by way of royalty for the purpose of allowing deduction
under this section shall not exceed the amount of royalty under the terms and
conditions of a license settled by the Controller under that Act.
Conditions: Where the Gross Total Income of an assessee, includes any income by way of
interest on deposits (not being time deposits) in a saving account with-
(a) A banking company to which the Banking Regulation Act, 1949 applies (including any
bank of banking institution referred to in Section 51 of that Act);
(b) A co-operative society engaged in carrying on the business of banking (including a co-
operative land mortgage bank or a co-operative land development bank); or
(c) A Post Office as defined in clause (k) of Section 2 of the Indian Post Office Act, 1898.
4
Rai Kailash,Taxation Laws p.338, (Allahabad Law Agency, Allahabad, Reprint 2015)
Allowable Deduction: A deduction of such interest shall be allowed to the maximum extent
of ` 10,000. However, where the income referred to in this Section is derived from any
deposit in a savings account held by, or on behalf of, a Firm, an Association of Persons or a
Body of Individuals, no deduction shall be allowed under this Section in respect of such
income in computing the Total Income of any partner of the firm or any member of the
association or any individual of the body.
Deduction in case of a person with disability: blindness, low vision, leprosy, hearing
impairment, mental retardation and mental illness.
CASE LAW’S –
{1} Cambay Electric Supply Industrial Co. Ltd. vs. CIT,5 continues to haunt the incentive
provisions and concessions. Co-operative sector is no exception. The Supreme Court, in CIT
5
(1978) 113 ITR 84 (SC), The Institute of Cost Accountants of India CMA Bhawan, 12, Sudder Street, Kolkata - 700 016.
vs. Kotagiri Industrial Co-operative Tea Factory Ltd. (1997) 224 ITR 604 (SC) has held that
the definition of gross total income would taken into consideration the past losses or
unabsorbed depreciation as well as has been decided even for the purposes of sections
80HHC, 80-I and 80-IB. Further, the more liberal language “attributable to” instead of
“derived from” has been used for section 80P. Past unabsorbed loss, it was held, would go to
reduce the eligible profit for section 80P, since it is required to set-off against current income
for the purposes of relief, in CIT vs. Ganganagar Sahkari Spinning Mills Ltd. (2004) 265
ITR 540 (Raj.) following Kotagiri Industrial Co-Operative Tea Factory’s Case.
{2} Udaipur Shahakari Upbhokta Thok Bhandar Ltd. vs CIT6, the society was storing goods
given by the Government and supplying it to fair price shops. The Supreme Court held that
the Commission earned was not from letting on hire of godowns and so was not entitled to
exemption, the goods having stored in its own godown not for the purpose of storing,
processing or facilitating the marketing of the commodities.
6
(2009) 315 ITR 21 (SC), The Institute of Cost Accountants of India CMA Bhawan, 12, Sudder Street, Kolkata - 700 016.
Bibliography –
Years – 2013
Internet Sources –
Available at – www.paper16.com