Overview |
Tax Computation |
Perquisites |
Allowances |
Exemptions |
Deductions |
Deductions of Chapter VI A |
Rebate |
Relief |
Exemptions
Exemption from all income
Basic Exemption
Individuals(Other than senior and super senior citizen) = Up to Rs. 2,50,000
Senior Citizen (who is 60 years or more at any time during the previous year) = Up to Rs. 3,00,000
Super Senior Citizen (who is 80 years or more at any time during the previous year) = Up to Rs. 5,00,000
Exemption in Capital Gain Income
Section 54
Available to Individual and HUF
Type of Capital Gain: Long-term
Asset transferred Residential: House property
Assets to be acquired for exemption: One residential house property
Time limit Purchase: within 1 year before or 2 years after date of transfer OR Construction: within 3 years after date of transfer
Amount: Investment in new assets or capital gain, whichever is lower
Withdrawal of exemption: If new asset is transferred within 3 years of its acquisition
Deposit in CGDS available: Yes
Section 54B
Available to Individual and HUF
Type of Capital Gain: Short-term or Long-term
Asset transferred: Agriculture land used by taxpayer or by his parents or HUF for agriculture purposes in last 2 years before its transfer
Assets to be acquired for exemption: Agricultural land (may be in urban area or rural area)
Time limit: Within 2 years after date of transfer
Amount: Investment in agricultural land or capital gain, whichever is lower
Withdrawal of exemption: If new asset is transferred within 3 years of its acquisition
Deposit in CGDS available: Yes
Section 54D
Available to Any person
Type of Capital Gain: Short-term or Long-term
Asset transferred: Compulsory acquisition of land or building forming part of industrial undertaking (which was used for industrial purposes for at least 2 years before its acquisition).
Assets to be acquired for exemption: Land or building for shifting or reestablishing said industrial undertaking
Time limit: Within 3 years from date of receipt of compensation
Amount: Investment in new assets or capital gain, whichever is lower
Withdrawal of exemption: If new asset is transferred within 3 years of its acquisition
Deposit in CGDS available: Yes
Section 54EC
Available to Any person:
Type of Capital Gain: Long-term
Asset transferred: Any long-term capital asset being Land or Building or Both
Assets to be acquired for exemption: Bond of NHAI or REC, etc
Time limit: Within 6 months from date of transfer
Amount: Investment in new assets or capital gains, whichever is lower, however, subject to Rs. 50 lakhs.
Withdrawal of exemption: If new asset is transferred or it is converted into money or a loan is taken on its security within 5 years of its acquisition
Deposit in CGDS available: No
Section 54EE
Available to Any person
Type of Capital Gain: Long-term
Asset transferred: Any long-term capital asset
Assets to be acquired for exemption: Units of such fund as may be notified by Central Government to finance start-ups
Time limit: Within 6 months after the date of transfer of original asset
Amount: Investment in new assets or capital gains, whichever is lower, however, subject to Rs. 50 lakhs.
Withdrawal of exemption: If new asset is transferred within a period of 3 years from the date of its acquisition. Note: Where assessee takes loans or advance on security of such specified asset, he shall be deemed to have transferred such asset on the date on which such loan or advance is taken.
Deposit in CGDS available: No
Section 54F
Available to Individual and HUF
Type of Capital Gain: Long-term
Asset transferred: Any long term asset (other than a residential house property) provided on date of transfer taxpayer does not own more than one residential house property (except the new house)
Assets to be acquired for exemption: One residential house property
Time limit: Purchase: within 1 year before or within 2 years after date of transfer Construction: within 3 years after date of transfer
Amount: Investment in new assets X capital gain/net consideration
Withdrawal of exemption:
a) If new asset is transferred within 3 years of acquisition,
b) if another residential house is purchased within 2 years of transfer of original asset;
c) if another house is constructed within
3 years of transfer of original asset
Deposit in CGDS available: Yes
Section 54G
Available to Any person
Type of Capital Gain: Short-term or Long-term
Asset transferred: Land, building, plant or machinery, in order to shift industrial undertaking from urban area to rural area.
Assets to be acquired for exemption: Land, building, plant or machinery, in order to shift industrial undertaking to rural area.
Time limit: within 1 year before or 3 years after date of transfer
Amount: Investment in new assets or capital gain, whichever is lower
Withdrawal of exemption: If new asset is transferred within 3 years of acquisition
Deposit in CGDS available: Yes
Section 54GA
Available to Any person
Type of Capital Gain: Short-term or Long-term
Asset transferred: Land, building, plant or machinery, in order to shift industrial undertaking from urban area to SEZ.
Assets to be acquired for exemption: Land, building, plant or machinery, in order to shift industrial undertaking to SEZ.
Time limit: Within 1 year before or within 3 years after date of transfer
Amount: Investment in new assets or capital gain, whichever is lower
Withdrawal of exemption: If new asset is transferred within 3 years of acquisition
Deposit in CGDS available: Yes
Section 54GB
Available to Individual and HUF
Type of Capital Gain: Long-term
Asset transferred: Residential property (house or a plot of land) Note: Provisions of this section shall not apply to any transfer of residential property made after March 31, 2017. However, in case of an investment in eligible start-up, the residential property can be transferred up to March 31, 2019.
Assets to be acquired for exemption: Subscription in equity shares of an eligible company. Note: 1. W.e.f. April 1, 2017, eligible start-up is also included in definition of eligible company. 2. The eligible company should utilize the amount of subscription for purchase of new assets (i.e., plant and machinery except vehicle, office appliances, computer or computer software etc.). However, In the case of eligible startup, the new asset shall include computers or computer software.
Time limit: Investment by the assessee - Before due date for furnishing of return under Sec. 139(1). Investment by the company - within 1 year from date of subscription.
Amount: Investment in new assets X capital gain/net consideration
Withdrawal of exemption: If equity shares in company or new asset acquired by company is sold or transferred within a period of 5 years from date of acquisition.
Deposit in CGDS available: Yes
Overview
Business Tax Planning: Due to the complex nature and heterogeneity of business planning differs on a case to case basis. Contact us with your case to plan your tax effectively and efficiently.
However, tax planning for the salaried or non-business individual can be done within the time frame allowed in income tax. It is pertinent to know about a few terms.
Tax Evasion: Illegal
Tax Evasion is an illegal way to minimize tax liability through fraudulent techniques like understating the taxable income knowingly or claiming fake investments. Tax evasion is a criminal offense and shall be punishable under the law. We shall never advise, promote, or support this method of reducing the tax burden.
Tax Avoidance: Legal but unethical
Tax avoidance is an act of using legal loopholes to reduce the tax burden. To err is human. And people who drafted the laws are also human. In spite of pouring due care, some framing inconsistencies may creep in the laws which were not the intent of the laws. And those inconsistencies can be exploited by the taxpayers. But, we have our ethical responsibility to not promote and support any type of tax avoidance at any cost or benefit.
Tax Planning: Legal and promoted by the government.
Tax planning is an act of using the several benefits given under the laws by the government to reduce the tax burden. These methods are completely legal. There are different types of benefits given under the laws. We have tried to enumerate them according to their types.
Allowances: Salary includes various other monetary benefits other than basic salary which are known as salary allowances. Eg House rent allowances, leave travel allowances. All allowances are not fully taxable.
Deductions: Deductions are the amount which is deducted from total income to reach taxable income.
Exemptions: Certain incomes which do not form part of total income at all are exempted incomes. Eg maturity proceeds received from a life insurance company continues to be exempted from tax under section 10(10D) in the new tax regime
Rebate: Rebate is the amount which is reduced from tax amount calculated on the taxable income.
Relief: Reliefs are the ways through which certain special cases of genuine hardship are compensated.