by :
DR. T.K. JAIN
AFTERSCHO☺OL
centre for social entrepreneurship
sivakamu veterinary hospital road
bikaner 334001 rajasthan, india
FOR – PGPSE / CSE PARTICIPANTS
mobile : 91+9414430763
5 DECEMBER 09 www.afterschool.tk 1
study material of PGPSE / CSE
My words....
5 DECEMBER 09 www.afterschool.tk 2
study material of PGPSE / CSE
Can a transferor transfer income without
tranferring the asset or transfer the asset and
keeps the income for himself ?
5 DECEMBER 09 www.afterschool.tk 4
study material of PGPSE / CSE
Income of a minor
5 DECEMBER 09 www.afterschool.tk 5
study material of PGPSE / CSE
Income of life partner
5 DECEMBER 09 www.afterschool.tk 7
study material of PGPSE / CSE
What are exception to set off ?
5 DECEMBER 09 www.afterschool.tk 8
study material of PGPSE / CSE
Are Jain families also HUF?
5 DECEMBER 09 www.afterschool.tk 9
study material of PGPSE / CSE
If a Hindu converts to christianity,
is his family still HUF ?
No
If a Hindu gets converted as a Christian, the
family of such a person will not be an HUF.
However a Hindu, along with his son (by a
christian wife) who has been brought up as a
Hindu will be a HUF
5 DECEMBER 09 www.afterschool.tk 10
study material of PGPSE / CSE
Can we have an HUF within
HUF?
YES
A HUF may consist of a number of smaller
HUFs. A smaller HUF has a legal existence
and may be assessable as an independent unit
5 DECEMBER 09 www.afterschool.tk 11
study material of PGPSE / CSE
What are the schools in Hindu
Law ?
5 DECEMBER 09 www.afterschool.tk 12
study material of PGPSE / CSE
Can a son demand partition in
HUF ?
5 DECEMBER 09 www.afterschool.tk 14
study material of PGPSE / CSE
Gautam is employed in Delhi. His basic
Salary is Rs. 5,000 per month. He receives
Rs. 5,000 p.a. as house rent allowance. Rent
paid by him is Rs. 12,000 p.a. Find out the
amount of taxable house rent allowance.
As per rule 2A :
least of the following :
1. Rs. 5,000 (actual HRA)
2. Rs. 6,000 (being excess of rent over 10% of salary)
3. Rs. 30,000 (in Delhi, so one-half of the salary of the
assessee).
Least is 5000
5 DECEMBER 09 www.afterschool.tk 15
study material of PGPSE / CSE
Mr. X is the owner of a house property. He lets this
property during the previous year 2007-08 for Rs.
7,000 p.m. The house was occupied from 1.4.2008 to
31.1.2009. From 1.2.2009 it remained vacant. Mr. X
fails to realize Rs. 10,000 from the tenant. The
Expected rent of the house is Rs. 80,000 p.a.
5 DECEMBER 09 www.afterschool.tk 16
study material of PGPSE / CSE
Mr. R. owns a house. The Municipal value of the
house is Rs. 74,000. He paid Rs. 8,000 as local taxes
during the year. He uses this house for his residential
purposes but lets out half of the house @ Rs. 3,000
p.m. Compute the annual value of the house.
Higher of annual value / municipal value : (74000 or
(12*6000) = 74000
less municipal taxes = 8000
net = 66000
less 50% for SOP (self occupied property) = 33000
less standard deduction 11000
net value : 22000 : answer
5 DECEMBER 09 www.afterschool.tk 17
study material of PGPSE / CSE
M is the owner of a house. The municipal value of
the house is Rs. 40,000. He paid Rs. 8,000 as local
taxes during the year. He was using this house for
his residential purposes but let out w.e.f. 1.1.2009
@ Rs. 4,000 p.m. Compute the annual value of the
house.
5 DECEMBER 09 www.afterschool.tk 18
study material of PGPSE / CSE
Which of these will you include in
calculation of salary for the
purpose of valuation of house
property?
Salary , Entertainment Allowance Bonus Dearness
Allowance (not recognised for computing retirement
benefit) Employer’s contribution to provident fund
(recognised) Education Allowance for one child Lunch
Allowance (Rs. 1000 per month)
answer : salary+bonus+entertainment allowance+lunch
allowance
5 DECEMBER 09 www.afterschool.tk 19
study material of PGPSE / CSE
What is salary for entertainment
allowance ?
5 DECEMBER 09 www.afterschool.tk 20
study material of PGPSE / CSE
What is salary for valuation of
Rent-free House or Concession in
rent?
5 DECEMBER 09 www.afterschool.tk 21
study material of PGPSE / CSE
What is salary for HRA ?
5 DECEMBER 09 www.afterschool.tk 22
study material of PGPSE / CSE
What is salary for gratuity ?
5 DECEMBER 09 www.afterschool.tk 24
study material of PGPSE / CSE
What is salary for Compensation
u/s 10(10B)
5 DECEMBER 09 www.afterschool.tk 25
study material of PGPSE / CSE
Jai works for Government of
Rajasthan. He gets earned leave
of Rs. 2,00,000. How much is tax
free ?
100% x \
5 DECEMBER 09 www.afterschool.tk 26
study material of PGPSE / CSE
Medical expenses reimbursed by employer:
Rs. 7,200 for the period from 1/4/ 2010 to
30/4/10. Is it tax free ?
Yes
(upto Rs. 15000 in one year)
5 DECEMBER 09 www.afterschool.tk 27
study material of PGPSE / CSE
Mr. Anand and his family also availed LTC -
they visited Mumbai and the expenses of Rs.
5,600 being the cost of air conditioned second
class rail tickets was reimbursed by the
employer.
5 DECEMBER 09 www.afterschool.tk 28
study material of PGPSE / CSE
The employer provides Ravi a car
for personal purposes and
expenses are incurred by the
employer amounted to Rs. 9,900.
It is taxable
there is no tax exemption here
5 DECEMBER 09 www.afterschool.tk 29
study material of PGPSE / CSE
Employer of A made payment of club bills to the
extent of Rs. 3600 for the year. Is it tax free ?
No
however, if it is proved that this club
membership was for office purpose only then it
will be tax free
5 DECEMBER 09 www.afterschool.tk 30
study material of PGPSE / CSE
An employee having his own
house was given HRA is it taxable
?
Yes
5 DECEMBER 09 www.afterschool.tk 31
study material of PGPSE / CSE
Mr. Ajay received Rs. 1,50,000 as gratuity.
He is not covered by the Payment of Gratuity
Act. He worked for 20 years and 9 months
and the average salary for last 10 months has
been 20000.
5 DECEMBER 09 www.afterschool.tk 32
study material of PGPSE / CSE
Is hill allowance taxable ?
Yes,
It is given to employees working in hilly areas
on account of high cost of living in hilly areas
as compared to plains. It is fully taxable, if the
place is located at less than 1,000 metres
height from sea level.
5 DECEMBER 09 www.afterschool.tk 33
study material of PGPSE / CSE
Is group medical insurance of
employees taxable in salary
head ?
No
it is tax free
Group medical insurance obtained by the
employer for his employees (including family
members of the employees) or all medical
insurance payments made directly or
reimbursement of insurance premium to such
employees who take such insurance.
5 DECEMBER 09 www.afterschool.tk 34
study material of PGPSE / CSE
Are reimbursement of medical
expenses taxable ?
5 DECEMBER 09 www.afterschool.tk 35
study material of PGPSE / CSE
Is reimbursement of travel and
stay expenses abroad tax free ?
5 DECEMBER 09 www.afterschool.tk 36
study material of PGPSE / CSE
Is recreational facility tax free ?
Yes
The value of recreational facilities provided is
exempt. However, the facility should not be
restricted to a selected few
5 DECEMBER 09 www.afterschool.tk 37
study material of PGPSE / CSE
Is value of free rations given to
the armed forces personnel
taxfree.
Yes
5 DECEMBER 09 www.afterschool.tk 38
study material of PGPSE / CSE
Is the amount spent by an
employer on the promotion of
family planning amongst its
employees tax free?
yes
5 DECEMBER 09 www.afterschool.tk 39
study material of PGPSE / CSE
Are privilege ticket orders granted
by Railways to its employees tax
free?
Yes
5 DECEMBER 09 www.afterschool.tk 40
study material of PGPSE / CSE
Are Sum paid by an employer to
pension or deferred annuity
scheme taxfree?
Yes
5 DECEMBER 09 www.afterschool.tk 41
study material of PGPSE / CSE
Is Rent-free furnished residence provided to
an Officer of Parliament / Union Ministry /
leader of opposition in Parliament tax free?
Yes
5 DECEMBER 09 www.afterschool.tk 42
study material of PGPSE / CSE
Is Interest free loan to an
employee tax free?
5 DECEMBER 09 www.afterschool.tk 43
study material of PGPSE / CSE
a professional jockey receives
present from his employer on
winning the race – is it taxfree?
No
5 DECEMBER 09 www.afterschool.tk 44
study material of PGPSE / CSE
Are legal charges incurred by the
employer to defend the employee
taxable ?
Yes
even if the legal charges are related to work
performed during employment
5 DECEMBER 09 www.afterschool.tk 45
study material of PGPSE / CSE
Are payments made by employer
of any loan due to the employee
taxfree.
No
5 DECEMBER 09 www.afterschool.tk 46
study material of PGPSE / CSE
Are reimbursement of tuition fees
of the children of the employee
taxfree?
5 DECEMBER 09 www.afterschool.tk 47
study material of PGPSE / CSE
Is payment (by employer) of club
bills of the employee taxfree ?
No
5 DECEMBER 09 www.afterschool.tk 48
study material of PGPSE / CSE
Is payment (by employer) of hotel
bills of the employee taxfree?
No
5 DECEMBER 09 www.afterschool.tk 49
study material of PGPSE / CSE
Is income-tax paid by the
employer due from the employee
taxfree?
No
5 DECEMBER 09 www.afterschool.tk 50
study material of PGPSE / CSE
Is the value of recreational
facilities provided taxfree?
Yes
5 DECEMBER 09 www.afterschool.tk 51
study material of PGPSE / CSE
What will be the income under the
head salary from the following :
Basic : Rs. 20000 per month
DA : 50% of basic
Bonus : 8% of basic + DA
Commission : 1% of sales, commission = Rs. 100000
HRA : 30% of basic
Free telephone, mobile, car facility is provided to employee.
Education expenses of his two sons (Rs. 10000 per annum) is borne
by employer. He is also provided 1 LTC in 4 years.
5 DECEMBER 09 www.afterschool.tk 52
study material of PGPSE / CSE
Solution :
5 DECEMBER 09 www.afterschool.tk 53
study material of PGPSE / CSE
An employee is a director of a company. He
also has 12% of the shares of the company.
Will his salary be a salary of income from
business and profession ?
5 DECEMBER 09 www.afterschool.tk 54
study material of PGPSE / CSE
Calculate salary from the
following information :
Sitting fees Rs. 20000
Non-practising allowance : Rs. 24000
Hill allowance : Rs. 10000 (the place 800
meter high)
Technical journal allowance Rs. 5000
solution :
20000+24000+10000 = 54000
technical journal allowance is tax free
5 DECEMBER 09 www.afterschool.tk 55
study material of PGPSE / CSE
A company provides free lunch
facility to company. It costs Rs.
40 per lunch. Is it taxable as
perquisite?
No
Upto Rs. 50 is tax free
5 DECEMBER 09 www.afterschool.tk 56
study material of PGPSE / CSE
A company provides free
transport facility to office and
home. Is it taxable ?
Tax free
5 DECEMBER 09 www.afterschool.tk 57
study material of PGPSE / CSE
Example :
5 DECEMBER 09 www.afterschool.tk 58
study material of PGPSE / CSE
Solution ..
Salary+ DA is taxable : 77000
entertainment allowance :
(exemption 1/5 or 5000, for govt. Employee)
(18000-5000) = 13000
contribution to PF and NSC is allowed as
deduction in 80C : 13200
taxable income : 90000 – 13200
=76800, which is tax free.
5 DECEMBER 09 www.afterschool.tk 59
study material of PGPSE / CSE
What are Sections 15 to 17 of
income tax about ?
Salary
5 DECEMBER 09 www.afterschool.tk 60
study material of PGPSE / CSE
What are Sections 22 to 27 of
Income tax about ?
5 DECEMBER 09 www.afterschool.tk 61
study material of PGPSE / CSE
What are Sections 28 to 44D of
Income tax about ?
5 DECEMBER 09 www.afterschool.tk 62
study material of PGPSE / CSE
What are Sections 45 to 55A of
income tax about ?
Capital gains
5 DECEMBER 09 www.afterschool.tk 63
study material of PGPSE / CSE
What are Sections 56 to 59 of
Income tax about ?
5 DECEMBER 09 www.afterschool.tk 64
study material of PGPSE / CSE
Where can we include the income
of official liquidator?
Salary
5 DECEMBER 09 www.afterschool.tk 66
study material of PGPSE / CSE
Where will you put personal gifts received by the
employee from his own employer on account of the
personal regard or love and affection for income tax
purpose ?
It is tax free
5 DECEMBER 09 www.afterschool.tk 67
study material of PGPSE / CSE
What should we take as salary –
amount actually received or gross
amount ?
Gross amount
any tax deducted at source or other deductions
on account of provident fund, insurance
premium, or on any other account made by the
employer from the salary income, should be
added to the net salary received by the
employee.
5 DECEMBER 09 www.afterschool.tk 68
study material of PGPSE / CSE
The employer becomes insolvent
and therefore salary remains
outstanding for an employee. Is he
still liable to pay tax ?
Yes
Salary is taxable even if the money is not
received or could not be recovered from the
employer due to his insolvency or any other
reason
5 DECEMBER 09 www.afterschool.tk 69
study material of PGPSE / CSE
A payment in appreciation of
personal qualities is a salary or
not, it is made by employer ?
No it is not salary
5 DECEMBER 09 www.afterschool.tk 70
study material of PGPSE / CSE
Raju is employed in a Gas supply
company, the company supplies
free gas to Raju, is it taxable ?
Yes
it is taxable at cost to the employer
5 DECEMBER 09 www.afterschool.tk 71
study material of PGPSE / CSE
Are the following facilities taxable to a non-
specified employee : free sweeper, gardener,
cook, lunch, car facility ?
No
5 DECEMBER 09 www.afterschool.tk 72
study material of PGPSE / CSE
Are the following facility taxable to a non-
specified employee :Rent free house?
5 DECEMBER 09 www.afterschool.tk 73
study material of PGPSE / CSE
How much exemption is provided
for Compensation received by a
workman under the Industrial
Disputes Act, 1947 ?
5 DECEMBER 09 www.afterschool.tk 74
study material of PGPSE / CSE
An employee gets commuted
pention, he also receives gratuity,
how much is tax free ?
(Assuming it to be a non-government
employee)
one-third of the pension which he is normally
entitled to receive
5 DECEMBER 09 www.afterschool.tk 75
study material of PGPSE / CSE
Can a firm avoid income from
housing property by transferring it
to individuals ?
No
If a firm transfers its house property to its
partners, before dissolution, merely by book
entries, annual value of the property is taxable
in the hands of the firm
5 DECEMBER 09 www.afterschool.tk 76
study material of PGPSE / CSE
Can an individual have
concession for self occupied
property for two houses?
No
Where the assessee has occupied more than
one house for the purposes of residence for
himself and family members, he has to make a
choice of one house only in respect of which
he would like to claim exemption. Other self-
occupied houses will be treated as if they were
let out
5 DECEMBER 09 www.afterschool.tk 77
study material of PGPSE / CSE
Can depreciation be claimed in
respect of leased assets ?
No
Depreciation is allowable to the assessee only
in respect of those capital assets which are
owned by him.
5 DECEMBER 09 www.afterschool.tk 78
study material of PGPSE / CSE
What is the difference between
salary and wages ?
5 DECEMBER 09 www.afterschool.tk 79
study material of PGPSE / CSE
What is pension ?
5 DECEMBER 09 www.afterschool.tk 80
study material of PGPSE / CSE
What is annuity ?
5 DECEMBER 09 www.afterschool.tk 81
study material of PGPSE / CSE
What is gratuity ?
5 DECEMBER 09 www.afterschool.tk 82
study material of PGPSE / CSE
5 DECEMBER 09 www.afterschool.tk 83
study material of PGPSE / CSE
What is perquisite ?
5 DECEMBER 09 www.afterschool.tk 84
study material of PGPSE / CSE
What are tax-free perquisites ?
Medical benefits
tea, snacks
residetial accommodation at site
reimbursement of mobile / telephone bills
employer's contribution to staff insurance
scholarship to children of employee
interest free or concessional upto 20000
journal / periodicals related to work
refresher courses/ training
laptops / computers
5 DECEMBER 09 www.afterschool.tk 85
study material of PGPSE / CSE
What are taxable perquisites ?
Rent free accommodation (sec. 17(2)(i))
residential accommodation
club membership
payment of loans of employees
payment of educational expenses of employee
domestic servant
interest free loan / concessional interest loan
5 DECEMBER 09 www.afterschool.tk 86
study material of PGPSE / CSE
What is the difference between
revenue and capital receipt ?
5 DECEMBER 09 www.afterschool.tk 87
study material of PGPSE / CSE
If you receive any compensation
on cancellation of a contract, is it
a capital receipt ?
5 DECEMBER 09 www.afterschool.tk 88
study material of PGPSE / CSE
What type of receipt is
commutation of service or
insurance amount received?
a lump sum payment received in commutation
of salaries or pension is a capital receipt,
However, it would be taxable as salary income.
Any amount received under a policy of
insurance would be a revenue receipt if the
policy was held by the assessee as a trading
asset and it would be a capital receipt if the
policy was held as a capital asset.
5 DECEMBER 09 www.afterschool.tk 89
study material of PGPSE / CSE
Will it be taxable for a debenture holder : the
premium received on redemption or the discount on
issue of the debentures by the company
No,
It would be a capital receipt and would not
consequently be liable to tax
5 DECEMBER 09 www.afterschool.tk 90
study material of PGPSE / CSE
Royalty received by a mine owner
shold be income from business
and profession – is it true ?
No
Royalties in every case are taxable as ‘income
from other source
5 DECEMBER 09 www.afterschool.tk 91
study material of PGPSE / CSE
Compensation received on
cancellation of agency should be a
capital receipt, so it should not be
taxed – is it true ?
No
it is taxable as business income by virtue of the
specific provision in Section 28 of the Act
5 DECEMBER 09 www.afterschool.tk 92
study material of PGPSE / CSE
An employee director of a company was paid
Rs. 7,50,000 as a lump sum consideration for
not resigning from the directorship. Should it
be taxed ?
5 DECEMBER 09 www.afterschool.tk 93
study material of PGPSE / CSE
the sales-tax collected from the
buyer of goods is a capital receipt.
- it is true ?
No
the sales-tax collected from the buyer of goods
is a revenue receipt.
5 DECEMBER 09 www.afterschool.tk 94
study material of PGPSE / CSE
Receipt in substitution of a source
of income is a capital receipt – is
it true ?
Yes
5 DECEMBER 09 www.afterschool.tk 95
study material of PGPSE / CSE
If you have spent money on training of production
manager abroad to study new methods of
production- is it a revenue expenditure
Yes
Amount spent by a company for sending its
production manager abroad to study new
methods of production is a revenue
expenditure
5 DECEMBER 09 www.afterschool.tk 96
study material of PGPSE / CSE
What will be the date of receipt –
the date of cheque / date of
encashment ?
5 DECEMBER 09 www.afterschool.tk 97
study material of PGPSE / CSE
How will you determine the place
of receipt of some payment ?
5 DECEMBER 09 www.afterschool.tk 98
study material of PGPSE / CSE
What will be the Date and place
of receipt in case of articles sent
by V.P.P.
5 DECEMBER 09 www.afterschool.tk 99
study material of PGPSE / CSE
What are the incomes deemed to
be received ?
Yes
No
Mere relief or reimbursement of expenses is
not treated as income.
No
Income-tax assessment cannot be held up or
postponed merely because of existence of a
dispute regarding the title of income.
No
air -economy class
or AC rail first class
or first class by public transport
is permitted
Yes
It is given for lunch and refreshments to the
employees. It is taxable.
Yes
It is fully taxable even if it is given to a low
paid employee, not being an officer, i.e., it is
taxable for all categories of employees.
Yes
It is generally given to those medical doctors
who are in government service and they are
banned from doing private practice. It is to
compensate them for this ban. It is fully
taxable.
Yes
It is given to employees working in hilly areas
on account of high cost of living in hilly areas
as compared to plains. It is fully taxable, if the
place is located at less than 1,000 metres height
from sea level.
Yes
When an employee is sent from his permanent
place of service to some other place or
institution or organisation on deputation for a
temporary period, he is given this allowance. It
is fully taxable.
Yes
These allowances are given in educational
institutions for working as Warden of the
hostel and/or working as Proctor in the
institution. These allowances are fully taxable.