Job based and Skill based Compensation Tools

A job-based compensation structure typically contrasts a skill-based structure in that you are paid based on the responsibilities of a position rather than your personal skills. While you might prefer the opportunity to optimize your earnings to match your abilities, job-based pay does offer some benefits that are especially important to women.

In a job-based pay structure, you essentially get paid for the value of the work you perform for the company. This gives your compensation a more tangible quality than a skill-based structure where a supervisor must assess the value of the skills and qualities you bring to the table. Employers typically have pay grades or schedules indicating the salary or wage for each particular job, and this enables you to see the relative pay to the duties assigned.

Though not 100 percent certain, job-based pay can reduce the likelihood of gender discrimination in pay. Since the focus is on the job itself, pay theoretically shouldn’t vary based on personal qualities you present. In fact, some employers use job-based structures primarily to protect against discrimination claims. While the glass ceiling, or wage gap, still exists between men and women, job-based pay should ensure that men and women earn equal pay for the same position.

The process of earning more money are generally clear in a job-based structure. Typically, you must gain promotion to a new position to see a significant boost in pay. You can normally look at the job description of a position you want to see what skills and qualities you must possess to gain a promotion. In a skill-based structure, the path to a raise is usually more informal and grounded in the development of new skills and abilities.

Pay comparisons

Though not necessarily your employer’s intent, a job-based structure allows you to more easily compare your salary to those offered by other employers. This is especially true if most companies in an industry use a job-pay structure. A side benefit is that employers using this compensation structure are often more cognizant to compare their salaries to those offered by competitors, which may mean your earning potential is higher or more representative of current market value for your work.

A job based pay structure is a structure of salary payments that is built on compensable factors determined by the job. In other words the salary for a job is determined by its responsibilities, and sometimes its work conditions.

The advantages are:

  • It is based on a hierarchical organizational structure, which is the organizational structure for most organizations.
  • It is simpler than a person based system as more work is required to define knowledge, skills and competencies required for a person based pay structure.
  • Most companies’ pay structures are job based pay structures. This means comparison is possible between companies.
  • The hierarchical order of the job structure created the illusion that there are some career paths and possibilities for promotions.

The disadvantages are:

  • It reinforces hierarchy and bureaucracy. It is less compatible with team based structures and incentives.
  • The hierarchical organizational structure that it is based on has fundamental weakness.
  • The job holder may not be competent in the job.
  • The job at the top is over paid and the job at the bottom is too paid low. It increases the overall business operating costs.
  • It encourages compromise of honesty in job descriptions and job valuations.
  • It does not reward employees directly for their knowledge, abilities and individual strengths.
  • It does not encourage development of a flexible organizational structure in terms of flatter structure; T-shaped employees and job rotation.
  • Some job evaluation systems take short cuts by using a generic set of compensable factors or develop the pay structure by using job classification.

Skill based Compensation Tools

developing a person based pay structure also requires an understanding of the tasks and responsibilities of jobs in a business. Similarly the development of the structure requires job analysis and job descriptions. The difference is that it compensates the job incumbent (person) in terms of his knowledge, competencies and skills. These are called competency-based pay structure, skills-based pay structure or knowledge based pay structure.

A study made by Murray and Gerhart (1998) found that in a person based pay structure, although hourly wages increased, however product quality (scrap percentage), productivity (labour hours per part) improved and overall labor costs decreased (The Oxford Handbook of Human Resource Management By Peter F. Boxall, John Purcell, Patrick M. Wright).

Advantages and Disadvantages of Skills-Based Pay Structures

There are very few person based pay structures, so information on it is mostly academic information. Below are the academic rather than market place explanations.Skills-based pay has the following advantages and potential disadvantages.

Job-based pay has traditionally been the main structure companies have used in determining how much to pay workers. Employers that use this structure pay workers according to the employee’s position and job duties. An employer may also consider the employee’s work experience and seniority as part of the job evaluation. The implicit message to employers who use the job-based pay structure conduct performance appraisals to measure the employee’s contributions to the company.

Some business owners are finding that job-based pay structures do not suit their organizational strategies. They are seeking pay structures that align with their work environments. As companies have changed their work environments, they are basing salaries on other structures that are more useful. For example, as more emphasis is placed on working as a team, companies are basing salaries of the effort’s workers make as a member of a team.

Job-based pay structures can increase a company’s operating costs, which is another disadvantage. For example, the company may have to hire a consulting firm to conduct compensation audits. The business may also have to revise its pay grades every year, which requires more administrative staff.

If job-based pay does not reward the best employees for their work, this can affect how employees are evaluated. When evaluating employee performance, employers that have job-based pay structures are limited in giving pay raises that take the worker’s skills and experience into account. The fact that an employee’s performance may be superb carries less weight in such structures.

Employees who are not rewarded for their job performance may quit because they feel that their contributions are not valuable to the company. For example, an employee whose contributions result in an increase in earnings or new clients will want to be rewarded. Employees can be rewarded with pay raises or bonuses. If the employee receives neither, he may seek employment with other companies.

Job Based Pay Structures

A job-based pay structure is a structure of salary payments that is built on compensable factors determined by the job. In other words, the salary for a job is determined by its responsibilities, and sometimes its work conditions.

The advantages are:

  • It is based on a hierarchical organizational structure, which is the organizational structure for most organizations.
  • It is simpler than a person-based system as more work is required to define knowledge, skills and competencies required for a person-based pay structure.
  • Most companies’ pay structures are job-based pay structures. This means comparison is possible between companies.
  • The hierarchical order of the job structure created the illusion that there are some career paths and possibilities for promotions.

The disadvantages are:

  • It reinforces hierarchy and bureaucracy. It is less compatible with team based structures and incentives.
  • The hierarchical organizational structure that it is based on has fundamental weakness.
  • The job holder may not be competent in the job.
  • The job at the top is over paid and the job at the bottom is too paid low. It increases the overall business operating costs.
  • It encourages compromise of honesty in job descriptions and job valuations.
  • It does not reward employees directly for their knowledge, abilities and individual strengths.
  • It does not encourage development of a flexible organizational structure in terms of flatter structure; T-shaped employees and job rotation.
  • Some job evaluation systems take short cuts by using a generic set of compensable factors or develop the pay structure by using job classification.

Meaning, Objectives of Compensation Plans

Employees work to earn money (wages or salary). This money is broadly termed as compensation. It is the reward they want from management in return for services rendered to the organisation. Compensation or paying employees for their work is an important responsibility of human resource managers. How much compensation a worker wants depends upon his economic needs.

If a man is unemployed and hard pressed, he will be ready to work for lower compensation. If his physiological needs (food, clothing, shelter) are satisfied, he will bargain for better compensation. Good compensation (or pay packet) not only attracts talented employees, it also retains them in the organisation for long run.

“Compensation is a comprehensive term which includes wages, salaries, all other allowances and benefits.” It involves remunerating people for services rendered by them and motivating them to reach the desired level of performance. Compensation may be paid in cash, kind or both.

Benefits of Compensation Management

  • One of the most significant benefits associated with compensation management is that it helps the organization achieve employee satisfaction. A happy employee will be more productive, while contributing to the overall profit of the business. This makes employees realize that they are getting equal returns for the time and effort they are dedicating to the organization. The practice of compensation management exerts a positive impact in the employees by influencing them to perform better and increasing their overall efficiency.
  • This stabilizes the labor turnover rate as employees get compensated for their work at a competitive market rate. They do not feel the need of leaving the organization. It can then be concluded that compensation management helps increase the loyalty of the employees towards the organization.
  • Compensation management is an important aspect of the job evaluation process. It augments the whole process by setting up standards for the company that are realistic as well as achievable, as far as the compensation practices of the organization are concerned.
  • It is a practice which helps to improve the relationship of the company with the labor union, as it allows the compliance of different labor laws and acts. If the organization is following the compensation practices same as that of the market, there will be no dispute to settle between them and the labor union.
  • It helps the professional growth of employees, as their efficiency increases, when there is a reward present for achieving a certain level of production. This also means that the deserving employees are fairly compensated for the efforts they are putting into their work, thus helping the organization to retain the best talent.
  • Compensation Management is the practice that if followed properly, will turn the organization into a hub of talent. This means that more human capital will get attracted to the company, when they will view the compensation package that it will be offering. Also, the organization must keep in mind that monetary rewards are not something that only derives the motivation of the workforce. The overall compensation package must also include the non-monetary rewards, where the employees should be appreciated for the effort they are putting in their work. Therefore, the organization must ensure that its compensation package is based on monetary as well as non-monetary rewards.

Objectives of Compensation Management

  1. To Attract Top Talent

Rai University states that one of the primary goals of compensation should be to recruit qualified talent. When you have a competitive compensation plan in place, you’ll be better able to attract top industry talent.

  1. To Retain & Reward Personnel

Don’t lose your top talent to your competitors because employees believe that the grass will be greener elsewhere. Find out market values for your employees and pay accordingly. You can also set up pay-for-performance models to drive performance by encouraging associates to reach new goals and push farther.

  1. To Boost Motivation

When structured effectively, your compensation plan can drive motivation across your teams. Employees who know that they’re being fairly compensated for their work feel appreciated and are therefore more likely to stay engaged, committed, and productive.

  1. To Be Compliant

Compensation isn’t just about being fair within the industry; it must also comply with federal regulations, such as the Fair Labor Standards Act. While adhering to standards can complicate your compensation management, it will help protect your company against litigation and ensure fairness across the board for your personnel.

  1. To Maximize ROI

It requires some fine tuning, but compensation management is most effective when you get the biggest bang for your buck. In other words, if you can create a compensation plan that stays within budget while also driving productivity through pay-for-performance and other motivational tactics, you’re creating a plan that’s both equitable for the company and advantageous for hardworking employees.

Role of HR Professionals in Compensation Plans

The term human resources imply that people have the capabilities that drives organisational performance along with other resources like machinery, money, materials and information. Human resource management is designing management systems to ensure that human talent is used effectively and efficiently to accomplish the organization goals. HR professionals perform variety of roles. They perform functions at strategic level, EEO (Equal Employment Opportunity), staffing, ensures employee and labour relations with management, risk management and worker participation, rewards and compensation, talent management, etc. The focus of study at this stage is on the role of HR professionals in compensation management.

Following are the roles performed by a HR professional:

  1. Develop a compensation philosophy: Compensation philosophies can be developed considering two philosophy:

(i) entitlement philosophy

(ii) performance philosophy.

The entitlement philosophy assumes that individuals who have worked another year are entitled to pay increases, with little regard for performance differences. While performance philosophy assumes that compensation changes, if performance changes. Organisations working under this philosophy do not guarantee additional or increased compensation simply for completing another year of service.

  1. Develop a programme outline: As a part of compensation] plan, a HR professional will design a programme outline which very clearly will indicate the objective of the compensation programme. They should clearly prescribe the process of how a particular compensation strategy will be implemented or executed by the organisation. The objectives will also consider the budget allotted for a particular financial year on compensation and rewards.
  2. Job evaluation: Job evaluation aims to determine a job’s relative worth. The job evaluation is a formal and systematic comparison of jobs to determine the worth of one job relative to another. Rank the jobs within each senior vice presidents and manager’s department, and then rank jobs between and among departments. HR professional verifies the ranking by comparing the industry market data and prepares the flowchart of all ranks for each department for easy assessment and interpretation of job.
  3. Conduct a job analysis of all positions: One of the most important functions performed by the HR professional is to do the job analysis of all the positions in a hierarchy. HR executives gathers information from the senior departmental heads of marketing, finance, sales, administration, production and other appropriate departments to determine the organisational structure and primary functions of each. Interviewing the department managers and the employees who actually executes it will be helpful in determining the specific job functions. Develop a model of job descriptions which will help in better evaluation of job.
  4. Determine job grades: After job evaluation, jobs are further classified into job grades by establishing various levels like senior, junior, intermediate and beginners. HR executives at this stage also determine the number of pay grades, or monetary range of a position at a particular level, within each department.
  5. Determine an appropriate salary structure: Job grading helps in classification of jobs which could further be helpful designing a salary structure. Various components of a salary structure is analysed with the market rates and company’s philosophy. If it gets satisfied, then the compensation committee reviews it, makes adjustments if required and goes for further approval from top level management.
  6. To obtain top executives’ approval of the basic salary programme: After getting approval from HR committee, HR department develops and presents the cost impact studies that project the expense of bringing the present staff upto the proposed levels or adding any compensation benefits into the present salary structure.
  7. Communicate the final programme to employees and managers: Once the salary structure is approved and finalized by compensation committee, HR Executives develop a plan for communicating the new programme to employees using slide shows or movies, literature, handouts, etc.; make presentations to managers and employees; implement the programme; design and develop detailed systems, procedures and forms; work with HR information systems staff to establish effective implementation procedures, to develop appropriate data input forms, and to create effective monitoring reports for senior managers; and execute the compensation programme.
  8. Monitor the programme: Organisation’s objective of effective compensation plan is to motivate employees to give their best at work. HR monitors feedback from managers, make changes where necessary, find flaws or problems in the programme and adjust or modify where necessary.

Osmania University Hyderabad B.COM Notes

>>Osmania University Hyderabad 2024-25 B.Com Notes<<

1st Semester

English VIEW
Financial Accounting-I VIEW
Business Organization and Management VIEW
Business Economics VIEW

2nd Semester

English (Updated) VIEW
Financial Accounting-II (Updated) VIEW
Business Laws (Updated) VIEW
Banking and Financial Services (Updated) VIEW

>>>Older Notes<<<

1st Semester

Financial Accounting-1 (Updated)

VIEW

Business Organization and Management (Updated)

VIEW

Foreign Trade (Updated)

VIEW

2nd Semester

Financial Accounting-2 (Updated)

VIEW

Business Laws (Updated)

VIEW

Banking and Financial Services (Updated)

VIEW

3rd Semester

Principles of Insurance (Updated)

VIEW

Foundation of Digital Marketing (Updated)

VIEW

Fundamentals of Business Analytics (No Update)

VIEW

Practice of Life Insurance (Updated)

VIEW

Web Design & Analytics (Updated)

VIEW

Application of Business Analytics (No Update)

VIEW

Advanced Accounting (Updated)

VIEW

Business Statistics-1 (Updated)

VIEW

Financial Institutions and Markets (Updated)

VIEW

4th Semester

Practice of General Insurance (Updated)

VIEW

Social Media Marketing (Updated)

VIEW

Business Intelligence (No Update)

VIEW

Regulation of Insurance Business (Updated)

VIEW

Search Engine Optimization & Online Advertising (Updated)

VIEW

Data Visualization & Storytelling (No Update)

VIEW

Income Tax (Updated)

VIEW

Excel Foundation (No Update)

VIEW

Business Statistics-2 (Updated)

VIEW

Corporate Accounting (Updated)

VIEW

5th Semester

Business Economics (Updated)

VIEW

Cost Accounting (Updated)

VIEW

Financial Planning & Performance (Updated)

VIEW

International Financial Reporting-1 (Updated)

VIEW

Computerized Accounting (No Updated)

VIEW

Financial Decision Making-1 (Updated)

VIEW

International Tax & Regulation (Updated)

VIEW

Auditing (Updated)

VIEW

Advanced Corporate Accounting (Updated)

VIEW

Financial Management (Updated)

VIEW

6th Semester

Research Methodology and Project Report (Updated)

VIEW

Cost Control and Management Accounting (Updated)

VIEW

Financial Control (Updated)

VIEW

International Financial Reporting-2

VIEW

Theory and Practice of GST (No Update)

VIEW

Financial Decision Making-2 (Updated) VIEW
International Auditing

VIEW

Accounting Standards (Updated)

VIEW

Corporate Governance (Updated)

VIEW

Investment Management (Updated)

VIEW

Meaning, Scope of Wealth Management

Wealth management is a consultative process. It involves consultations with affluent clients, discussions on their financial needs and goals.

Wealth management (WM) or wealth management advisory (WMA) is a form of investment management and financial planning that provides solutions to a wide array of clients ranging from affluent to high-net-worth (HNW) and ultra-high-net-worth (UHNW). It is a discipline which incorporates financial planning, portfolio management and a number of aggregated financial services offered by a complex mix of investment banks, asset managers, custodial banks, retail banks, and financial planners. There is no equivalent of a stock exchange to consolidate the allocation of investments and promulgate fund pricing and as such it is considered a fragmented and decentralised industry.

HNW individuals, small-business owners and families who desire the assistance of a credentialed financial advisory specialist call upon wealth managers to coordinate retail banking, estate planning, legal resources, tax professionals and investment management. Wealth managers can have backgrounds as independent Chartered Financial Consultants, Certified Financial Planners or Chartered Financial Analysts (in the United States), Certified International Investment Analysts, Chartered Strategic Wealth Professionals (in Canada), Chartered Financial Planners (in the UK), or any credentialed (such as MBA) professional money managers who work to enhance the income, growth and tax-favored treatment of long-term investors.

The term wealth management occurs at least as early as 1933. It came into more general use in the elite retail (or “Private Client”) divisions of firms such as Goldman Sachs or Morgan Stanley (before the Dean Witter Reynolds merger of 1997), to distinguish those divisions’ services from mass-market offerings, but has since spread throughout the financial-services industry. Family offices that had formerly served just one family opened their doors to other families, and the term Multi-family office was coined. Accounting firms and investment advisory boutiques created multi-family offices as well. Certain larger firms (UBS, Morgan Stanley and Merrill Lynch) have “tiered” their platforms with separate branch systems and advisor-training programs, distinguishing “Private Wealth Management” from “Wealth Management”, with the latter term denoting the same type of services but with a lower degree of customization and delivered to mass affluent clients. At Morgan Stanley, the “Private Wealth Management” retail division focuses on serving clients with greater than $20 million in investment assets while “Global Wealth Management” focuses on accounts smaller than $10 million.

In the late 1980s, private banks and brokerage firms began to offer seminars and client events designed to showcase the expertise and capabilities of the sponsoring firm. Within a few years a new business model emerged, Family Office Exchange in 1990, the Institute for Private Investors in 1991, and CCC Alliance in 1995. These companies aimed to offer an online community as well as a network of peers for ultra-high-net-worth individuals and their families. These entities have grown since the 1990s, with total IT spending (for example) by the global wealth management industry predicted to reach $35bn by 2016, including heavy investment in digital channels.

Wealth management can be provided by large corporate entities, independent financial advisers or multi-licensed portfolio managers who design services to focus on high-net-worth clients. Large banks and large brokerage houses create segmentation marketing-strategies to sell both proprietary and non-proprietary products and services to investors designated as potential high-net-worth clients. Independent wealth-managers use their experience in estate planning, risk management, and their affiliations with tax and legal specialists, to manage the diverse holdings of high-net-worth clients. Banks and brokerage firms use advisory talent-pools to aggregate these same services.

The Great Recession of the late 2000s caused investors to address concerns within their portfolios. For this reason wealth managers have been advised that clients have a greater need to understand, access, and communicate with advisers about their situation.

The CFA Institute curriculum on private-wealth management indicates that two primary factors distinguish the issues facing individual investors from those facing institutions:

  • Time horizons differ. Individuals face a finite life as compared to the theoretically/potentially infinite life of institutions. This fact requires strategies for transferring assets at the end of an individual’s life. These transfers are subject to laws and regulations that vary by locality and therefore the strategies available to address this situation vary. This is commonly known as accumulation and decumulation.
  • Individuals are more likely to face a variety of taxes on investment returns that vary by locality. Portfolio investment techniques that provide individuals with after tax returns that meet their objectives must address such taxes.

Advantages of Wealth Management

  • Wealth management plans are tailored to client-specific needs. The financial products are combined to effectively reach the financial goals of the client.
  • The advisory services entail the handling of client sensitive information. Investment advisors have to maintain the confidentiality of information obtained during the course of financial planning and advisory services.
  • A wealth management advisor utilizes the diverse financial disciplines such as financial and accounting, and tax services, investment advice, legal or estate planning, and retirement planning, to manage an affluent client’s wealth as a bundle of services.
  • Wealth management practices and the corresponding services may differ from one location to another, depending on the state of the economy, per capita income and saving habits of the people.
  • Wealth management is different from investment advice. The former is a more holistic approach in which a single manager coordinates all the services needed to manage their money and plan for the client’s needs, including the current and future needs of the client’s family.
  • While most wealth managers provide services in any financial field, some wealth managers specialize in specific areas of finance. The specialisation would be based on the area of expertise of the wealth manager.
  • Wealth management services are usually appropriate for wealthy individuals who have a broad array of diverse needs. The advisors are high-level professionals and experts.
  • Wealth managers may work individually as a single person, or as part of a small-scale business or as part of a larger firm. Based on the nature of the business, wealth managers may function under different titles, which include financial consultant or financial adviser. A client may receive services from a single designated wealth manager or may have access to the members of a specified wealth management team.

Wealth managers perform the following tasks:

  • Spotting investment opportunities.
  • Providing curated estate planning services.
  • Providing tax planning services.
  • Buying and selling of stocks.
  • Advising clients about financial products and services.
  • Managing portfolios.
  • Assessment of risks associated with decisions

Income from House Property (Section. 22-27)

Sections 22 to 27 of the Act deal with the subject of taxation of “Income from house property”.

Section 22: Annual value of property is taxable under the head “Income from House property”.

Section 23: Determination of ‘Annual value’

Section 24: Allowable deductions from “Income from House property”

Section 25: Amounts not deductable from “Income from House property”

Section 25A: Special Provision for arrears of rent and unrealised rent received subsequently.

Section 26: Property owned by co-owners

Section 27: Situations where the ownership shall be deemed, for taxing income from house property

Section 22 provides for taxation of ‘annual value’ of a property consisting of any buildings or lands appurtenant thereto. The term ‘buildings’ includes any building- office building, godown, storehouse, warehouse, factory, halls, shops, stalls, platforms, cinema halls, auditorium etc. as long as they are not used for business or profession by owner. Land appurtenant includes land adjoining to or forming a part of the building. It would depend on the nature of the land, whether it is appurtenant to the residential building, factory building, hotel building, club house, theatre etc. and will include courtyards, compound, garages, car parking spaces, cattle shed, stable, drying grounds, playgrounds and gymkhana.

Determination of ‘annual value’ of the property [Sec. 23]

‘Annual Value’ is inherent capacity of property to yield income. The inherent capacity has been defined as the sum for which the property might reasonably be expected to be let from year to-year. It is not necessary, that the property should be actually let. It is also not necessary that the reasonable return from property should be equal to the actual rent realized when the property is, in fact, let out. Under Section 23 (1) of the Income tax Act, annual value of property shall be deemed to be the following:

  1. The sum for which the property might reasonably be expected to be let out from year to year;
  2. Where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable

iii. Where the property or part of the property is let and was vacant during the whole or any part of the previous year and, owing to such vacancy, the actual rent received or receivable by the owner in respect thereof is less than the sum referred to clause (a) the amount so received or receivable.

4.1 Annual value to be calculated as under:

  1. Where RC Act applicable

(i) Standard rent under the Rent Control Act; or

(ii) Actual rent received Whichever is higher

  1. Where RC Act is not applicable:

(i) Municipal Value or

(ii) Fair Rent or

(iii) Rent Received whichever is higher

Sub-section 2: The annual value of a house or part of a house shall be taken as nil if the property

  • is occupied by the owner himself for the purpose of his own residence or,
  • if such house or part thereof cannot be occupied by him because his employment, business or profession is carried on at any other place and, he has to reside at that other place in a building that does not belong to him.

Deductions permitted from Income from house property [Sec. 24]

Amount left after deduction of municipal taxes is net annual value. Following permissible deductions are allowed from Annual Value in cases of let out properties (Section 24).

(1) Deduction equal to 30% of the annual value, irrespective of any expenditure incurred by the taxpayer (s.24(a)). No other allowance for depreciation, repairs, maintenance etc. would be allowable.

(2) Interest on borrowed capital (s.24(b)). Interest on borrowed capital is allowable as deduction on accrual basis (even if account books are kept on cash basis) if capital is borrowed for the purpose of purchase, construction, repair, renewal or reconstruction of the house property.

As per section 25, interest chargeable under the Income tax Act, which is payable outside India on which tax has not been paid or deducted (and in respect of which there is no person in India, who may be treated as an agent under section 163) shall not be deducted in computing the income chargeable under the head “Income from house property”.

Income from house property is wholly exempt from tax in following situations

  1. Income from any farmhouse forming part of agricultural income;
  2. Annual value of any one palace in the occupation of an ex-ruler; Section 10(19A)
  3. Property Income of a local authority; Section 10(20)
  4. Property income of any registered trade union; Section 10(24)
  5. Property income of a member of a Scheduled Tribe;
  6. Property income of a statutory corporation or an institution or association financed by the Government for promoting the interests of the members either of the Scheduled Castes or Scheduled tribes or both;
  7. Property income of a corporation, established by the Central Govt. or any State Govt. for promoting the interests of members of a minority group;
  8. Property income of a cooperative society, formed for promoting the interests of the members either of the Scheduled Castes or Scheduled tribes or both;
  9. Property Income, derived from the letting of godowns or warehouses for storage, processing or facilitating the marketing of commodities by an authority constituted under any law for the marketing of commodities;
  • Property income of an institution for the development of Khadi and village Industries;’
  • Self-occupied house property of an assessee, which has not been rented throughout the previous year;
  • Income from house property held for any charitable purposes;
  • Property Income of any political party. Section 13A

Section 26

Co-ownership: In case where property is owned jointly by two or more persons, and where shares of such joint owners are definite and ascertainable, the income of such house property will be assessed in the hands of each co-owner separately. For the purpose of computing income from house property the rent/ annual value will be taken in proportion to his share in the property. In such an eventuality, the relief admissible under section 23(2) shall also be separately allowable to each such person [Explanation to Section 26]. However, where the share is not definite, the income of the property shall be assessed as that of an Association of persons.

Deemed ownership (Section 27)

In the following situations the ownership shall be deemed for taxing income from house property in view of Section 27 of the Act:

  1. When house property is transferred to spouse (otherwise than in connection with an agreement to live apart) or minor child (not being a married daughter) without adequate consideration (Section 2 7(i))
  2. In the case of holder of an impartible estate (Section 27(ii))

iii. A member of a cooperative society, company etc. to whom a building or part thereof has been allotted or leased under a house building scheme (Section 27(iii)). Thus, when a flat is allotted by a cooperative society or a company to its members/shareholders who enjoy the flat, technically the co-operative society/company may be the owner. However, in such situations the allottees are deemed to be owners and it is the allottees who will be taxed under this head.

iii a. A person who is allowed to take or retain possession of any building (or part thereof) in part performance of a contract of the nature referred to in section 53A of the Transfer of Property Act, 1882, is deemed as the owner of that building (or part thereof) [Sec. 27 (iiia)].

  1. A person who acquires any rights (excluding any rights by way of a lease from month to month or for a period not exceeding one year) in or with respect to any building (or part thereof) by virtue of any such transaction as is referred to in section 269UA(f) [i.e. if a person takes a house on lease for a period of 12 months or more, is deemed as the owner of that building or part thereof] [Sec. 27 (iiib)].

(v) taxes levied by a local authority in respect of any property shall be deemed to include service taxes levied by the local authority in respect of the property.[Sec. 27 (vi)].

Profit & Gain from Business and Profession (S. 28, 30,31,32, 35, 35D,36,37, 40, 40A and 43B)

Profit & Gain from Business and Profession (S. 28, 30,31,32, 35, 35D,36,37, 40, 40A and 43B)

In this Article we have discussed briefly Different Provisions Applicable to Income from Business and Profession at one place.

Profits and Gains from Business and Profession

  1. Chargeability:

The following incomes are chargeable to tax under the head Profit and Gains from Business or Profession:

S. No. Section Particulars
1. 28(i) Profit and gains from any business or profession carried on by the assessee at any time during the previous year
2. 28(ii) Any compensation or other payment due to or received by any specified person
3. 28(iii) Income derived by a trade, professional or similar association from specific services performed for its members
4. 28(iiia) Profit on sale of a license granted under the Imports (Control) Order 1955, made under the Import Export Control Act, 1947
5. 28(iiib) Cash assistance (by whatever name called) received or receivable by any person against exports under any scheme of Government of India
6. 28(iiic) Any duty of Customs or Excise repaid or repayable as drawback to any person against exports under the Customs and Central Excise Duties Drawback Rules, 1971.
7. 28(iiid) Profit on transfer of Duty Entitlement Pass Book Scheme, under Section 5 of Foreign Trade (Development and Regulation) Act, 1992
8. 28(iiie) Profit on transfer of Duty Free Replenishment Certificate, under Section 5 of Foreign Trade (Development and Regulation) Act 1992
9. 28(iv) Value of any benefits or perquisites arising from a business or the exercise of a profession.
10. 28(v) Interest, salary, bonus, commission or remuneration due to or received by a partner from partnership firm
11. 28(va)  a) Any sum received or receivable for not carrying out any activity in relation to any business or profession; or

b) Any sum received or receivable for not sharing any know-how, patent, copyright, trademark, licence, franchise, or any other business or commercial right or information or technique likely to assist in the manufacture of goods or provision of services.

12. 28(vi) Any sum received under a Key man Insurance policy including the sum of bonus on such policy
12A. 28(via) Any profit or gains arising from conversion of inventory into capital asset.
13. 28(vii) Any sum received ( or receivable) in cash or in kind, on account of any capital assets (other than land or goodwill or financial instrument) being demolished, destroyed, discarded or transferred, if the whole of the expenditure on such capital assets has been allowed as a deduction under section 35AD
14. Explanation to section 28 Income from speculative transactions. However, it shall be deemed to be distinct and separate from any other business.
15. 41(1)
  • Remission or cessation of liability in respect of any loss, expenditure or trading liability incurred by the taxpayers
  • Recovery of trading liability by successor which was allowed to the predecessor shall be chargeable to tax in the hands of successor. Succession could be due to amalgamation or demerger or succession of a firm succeeded by another firm or company, etc.
  • Any liability which is unilaterally written off by the taxpayer from the books of accounts shall be deemed as remission or cessation of such liability and shall be chargeable to tax.
16. 41(2) Depreciable asset in case of power generating units, is sold, discarded, demolished or destroyed, the amount by which sale consideration and/ or insurance compensation together with scrap value exceeds its WDV shall be chargeable to tax.
17. 41(3) Where any capital asset used in scientific research is sold without having been used for other purposes and the sale proceeds together with the amount of deduction allowed under section 35 exceed the amount of the capital expenditure, such surplus or the amount of deduction allowed, whichever is less, is chargeable to tax as business income in the year in which the sale took place.
18. 41(4) Where bad debts have been allowed as deduction under Section 36(1)(vii) in earlier years, any recovery of same shall be chargeable to tax.
19. 41(4A) Amount withdrawn from special reserves created and maintained under Section 36(1)(viii) shall be chargeable as income in the previous year in which the amount is withdrawn.
20. 41(5) Loss of a discontinued business or profession could be adjusted from the deemed business income as referred to in section 41(1), 41(3), (4) or (4A) without any time limit.
20A. 43AA Any foreign exchange gain or loss arising in respect of specified foreign currency transactions shall be treated as income or loss. Such gain or loss shall be computed in accordance with notified ICDS [subject to Section 43A]
21. 43CA Where consideration for transfer of land or building or both as stock-in-trade is less than the stamp duty value, the value so adopted shall be deemed to be the full value of consideration for the purpose of computing income under this head.

However, no such adjustment is required to be made if value adopted for stamp duty purposes does not exceed 110% of the sale consideration.

21A. 43CB The profits and gains arising from construction contract or a contract for providing service is to be determined on the basis of percentage completion method, in accordance with the notified ICDS.

In case of contract for providing services with duration of not more than 90 days, the profits and gains shall be determined on basis of project completion method.

While as in case of contract for providing services with indeterminate number of acts over a specified period of time shall be determined on basis of straight line method.

22. 43D As per RBI Guidelines, Interest on bad and doubtful debts of Public Financial Institution or Scheduled Bank or [a co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank] or State Financial Corporation or State Industrial Investment Corporation, shall be chargeable to tax in the year in which it is credited to Profit and Loss A/c or year in which it is actually received, whichever happens earlier.

With effect from Assessment Year 2020-21, the Finance (No. 2) Act, 2019 has covered ‘Deposit Taking NBFCs’ and ‘Systemically Important Non-deposit Taking NBFCs’ in the ambit of section 43D. Hence, such NBFCs shall be able to recognize interest on bad and doubtful debts in the year in which it is credited to Profit and Loss A/c or year in which it is actually received, whichever happens earlier.
Deposit Taking NBFC’ means a NBFC which is accepting or holding public deposits and is registered with the RBI.
‘Systemically Important Non-deposit Taking NBFC’ means a NBFC which is not accepting or holding public deposits and having total assets of not less than Rs. 500 crore as per the last audited balance sheet and is registered with the RBI.

23. 43D Similarly as per NHB Guidelines, Interest on bad and doubtful debts of housing finance company, shall be chargeable to tax, in the year it is credited to P & L A/c or year in which it is actually received by them, whichever is earlier.
24 Assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement (by whatever name called) by the Central Govt. or State Govt. or any authority or body or agency to the assessee would be included in definition of income as referred to in Section 2(24). However, in the following cases subsidy or grant shall not be treated as income:

i) The subsidy or grant or reimbursement which is taken into account for determination of the actual cost of the asset in accordance with the provisions of Explanation 10 to clause (1) of Section 43;

ii) The subsidy or grant by the Central Government for the purpose of the corpus of a trust or institution established by the Central Government or a State Government, as the case may be.

  1. Deductions under Sections 30 to 37

Amount deductible, while computing, Profits and Gains of Business or Profession are:

Section Nature of expenditure Quantum of deduction Assessee
30 Rent, rates, taxes, repairs (excluding capital expenditure) and insurance for premises Actual expenditure incurred excluding capital expenditure All assessee
31 Repairs (excluding capital expenditure) and insurance of machinery, plant and furniture Actual expenditure incurred excluding capital expenditure All assessee
32(1)(i) Depreciation on

i) buildings, machinery, plant or furniture, being tangible assets;

ii) know-how, patents, copyrights, trademarks, licenses, franchises, or any other business or commercial rights of similar nature, being intangible assets

Allowed at prescribed percentage on Straight Line Method for each asset

Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, the deduction in respect of such asset shall be restricted to fifty per cent of the amount calculated at the percentage prescribed for an asset.

Assessees engaged in business of generation or generation and distribution of power

Note:

Taxpayers engaged in the business of generation or generation and distribution of power shall have the option to claim depreciation either on basis of straight line basis method or written down value method on each block of asset.

32(1)(ii) Depreciation on

i) buildings, machinery, plant or furniture, being tangible assets;

ii) know-how, patents, copyrights, trademarks, licenses, franchises, or any other business or commercial rights of similar nature, being intangible assets

Allowed at prescribed percentage on WDV method for each block of asset

Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, the deduction in respect of such asset shall be restricted to fifty per cent of the amount calculated at the percentage prescribed for an asset.

All assessees
32(1)(iia) Additional depreciation on new plant and machinery (other than ships, aircraft, office appliances, second hand plant or machinery, etc.).

(subject to certain conditions)

Additional depreciation shall be available @20 % of the actual cost of new plant and machinery.

Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, then deduction of additional depreciation would be restricted to 50% in the year of acquisition and balance 50% would be allowed in the next year

All assessee engaged in

– manufacture or production of any article or thing; or

– generation, transmission or distribution of power (if taxpayer is not claiming depreciation on basis of straight line method)

Proviso to Section 32(1)(iia) Additional depreciation on new plant and machinery (other than ships, aircraft,office appliances, second hand plant or machinery, etc.))

(Subject to certain conditions)

Additional depreciation shall be available @35 % of the actual cost of new plant and machinery.

Provided that where an asset is acquired by the assessee during the previous year and is put to use for a period of less than one hundred and eighty days in that previous year, then deduction of additional depreciation would be restricted to 50% of actual cost in the year of acquisition and balance 50% would be allowed in the next year

Note:

1. Manufacturing unit should be set-up on or after 1st day of April, 2015.

2. New plant and machinery acquired and installed during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020

All assessees- where an assessee sets up an undertaking or enterprise for production or manufacture of any article or thing in any notified backward area in state of the state of Andhra Pradesh, Bihar, Telangana or West Bengal.
32AC Deduction under section 32AC is available if actual cost of new plant and machinery acquired and installed by a manufacturing company during the previous year exceeds Rs. 25/100 Crores, as the case may be.(Subject to certain conditions) 15% of actual cost of new asset Company engaged in business or manufacturing or production of any article or thing
32AD Investment allowance for investment in new plant and machinery if manufacturing unit is set-up in the notified backward area in the state of Andhra Pradesh, Bihar, Telangana or West Bengal (Subject to certain conditions) Investment allowance shall be available @15 % of the actual cost of new plant and machinery in the year of installation of new asset.

Note:-

1) New asset should be acquired and installed during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020.

2) Manufacturing unit should be set-up on or after 1st day of April, 2015.

3) Deduction shall be allowed under Section 32AD in addition to deduction available under Section 32AC if assessee fulfils the specified conditions

All assessee who acquired new plant and machinery for the purpose of setting-up manufacturing unit in the notified backward area in the state of Andhra Pradesh, Bihar, Telangana or West Bengal
33AB Amount deposited in Tea / Coffee/ Rubber Development Account by assessee engaged in business of growing and manufacturing tea / Coffee / Rubber in India Deduction shall be lower of following:

a) Amount deposited in account with National Bank for Agricultural and Rural Development (NABARD) or in Deposit Account of Tea Board, Coffee Board or Rubber Board in accordance with approved scheme; or

b) 40% of profits from such business before making any deduction under section 33AB and before adjusting any brought forward loss.

(Subject to certain conditions)

All assessee engaged in business of growing and manufacturing tea/Coffee/Rubber
33ABA Amount deposited in Special Account with SBI/Site Restoration Account by assessee carrying on business of prospecting for, or extraction or production of, petroleum or natural gas or both in India Deduction shall be lower of following:

a) Amount deposited in Special Account with SBI/Site Restoration Account; or

b) 20% of profits from such business before making any deduction under section 33ABA and before adjusting any brought forward loss.

(Subject to certain conditions)

All assessee engaged in business of prospecting for, or extraction or production of, petroleum or natural gas or both in India
35(1)(i) Revenue expenditure on scientific research pertaining to business of assessee is allowed as deduction (Subject to certain conditions). Entire amount incurred on scientific research is allowed as deduction.

Expenditure on scientific research within 3 years before commencement of business (in the nature of purchase of materials and salary of employees other than perquisite) is allowed as deduction in the year of commencement of business to the extent certified by prescribed authority.

All assessee
35(1)(ii) Contribution to approved research association, university, college or other institution to be used for scientific research shall be allowed as deduction (Subject to certain conditions) 175% of sum paid to such association, university, college, or other institution is allowed as deduction.

150% of sum paid to such association, university, college or other institution is allowed as deduction (applicable from AY 2018-19)

Note:- From the AY beginning on or after the 1st day of April, 2021, the deduction shall be equal to the sum so paid.

All assessee
35(1)(iia) Contribution to an approved company registered in India to be used for the purpose of scientific research is allowed as deduction (Subject to certain conditions) 125% of sum paid to the company is allowed as deduction

Entire sum paid to the company is allowed as deduction

(applicable from AY 2018-19)

All assessee
35(1)(iii) Contribution to approved research association, university, college or other institution with objects of undertaking statistical research or research in social sciences shall be allowed as deduction (Subject to certain conditions) 125% of sum paid to such association, university, college, or other institution is allowed as deduction

Entire sum paid to such association, university, college or other institution is allowed as deduction

(applicable from AY 2018-19)

All assessee
35(1)(iv) read with 35(2) Capital expenditure incurred during the year on scientific research relating to the business carried on by the assessee is allowed as deduction (Subject to certain conditions) Entire capital expenditure incurred on scientific research is allowed as deduction.

Capital expenditure incurred within 3 years before commencement of business is allowed as deduction in the year of commencement of business.

Note:

i. Capital expenditure excludes land and any interest in land;

ii. No depreciation shall be allowed on such assets.

All assessee
35(2AA) Payment to a National Laboratory or University or an Indian Institute of Technology or a specified person is allowed as deduction.

The payment should be made with the specified direction that the sum shall be used in a scientific research undertaken under an approved programme.

200% of payment is allowed as deduction (Subject to certain conditions).

150% of payment is allowed as deduction (applicable from AY 2018-19)

Note:-

From the A.Y. beginning on or after the 1st day of April, 2021, the deduction shall be equal to the sum so paid.

All assessee
35(2AB) Any expenditure incurred by a company on scientific research (including capital expenditure other than on land and building) on in-house scientific research and development facilities as approved by the prescribed authorities shall be allowed as deduction (Subject to certain conditions).

Expenditure on scientific research in relation to Drug and Pharmaceuticals shall include expenses incurred on clinical trials, obtaining approvals from authorities and for filing an application for patent.

200% of expenditure so incurred shall be allowed as deduction.

150% of expenditure so incurred shall be allowed as deduction (applicable from AY 2018-19)

Note:

i. Company should enter into an agreement with the prescribed authority for co-operation in such research and development and fulfils conditions with regard to maintenance of accounts and audit thereof and furnishing of reports in such manner as may be prescribed.

ii. From the A.Y. beginning on or after the 1st day of April, 2021, the deduction shall be equal to the expend the so incurred.

Company engaged in business of bio-technology or in any business of manufacturing or production of eligible articles or things
35ABA Capital expenditure incurred and actually paid for acquiring any right to use spectrum for telecommunication services shall be allowed as deduction over the useful life of the spectrum. Deduction will be available in equal installments starting from the year in which actual payment is made and ending in the year in which spectrum comes to an end.

Note:

If spectrum fee is actually paid before the commencement of business, the deduction will be available from the year in which business is commenced.

All Assessee engaged in telecommunication services
35ABB Capital expenditure incurred for acquiring any license or right to operate telecommunication services shall be allowed as deduction over the term of the license. Deduction would be allowed in equal installments starting from the year in which such payment has been made and ending in the year in which license comes to an end. All Assessee engaged in telecommunication services
35AC Expenditure by way of payment of any sum to a public sector company/local authority/approved association or institution for carrying out any eligible scheme or project (Subject to certain conditions). Actual payment made to prescribed entities. However, a company can also claim deduction for expenditure incurred by it directly on eligible projects.

Note:-

No deduction in any A.Y. commencing on or after the 1st day of April, 2018

All assessee. However, deduction for direct expenditure is allowed only to a company
35AD Deduction in respect of `expenditure on specified businesses, as under:

a) Setting up and operating a cold chain facility

b) Setting up and operating a warehousing facility for storage of agricultural produce

c) Building and operating, anywhere in India, a hospital with at least 100 beds for patients

d) Developing and building a housing project under a notified scheme for affordable housing

e) Production of fertilizer in India

(Subject to certain conditions)

150% of capital expenditure incurred for the purpose of business is allowed as deduction provided the specified business has commenced its operation on or after 01-04-2012.

100% of capital expenditure will be allowed to be deducted from the assessment year 2018-19 onwards

Note: If such specified businesses commence operations on or before 31-03-2012 but after prescribed dates, deduction shall be limited to 100% of capital expenditure.

Note: No deduction of any capital expenditure above Rs 10,000 shall be allowed if it is incurred in cash.

All assessee
35AD Deduction in respect of expenditure on specified businesses, as under:

a) Laying and operating a cross-country natural gas or crude or petroleum oil pipeline network for distribution, including storage facilities being an integral part of such network;

b) Building and operating, anywhere in India, a hotel of two-star or above category;

c) Developing and building a housing project under a scheme for slum redevelopment or rehabilitation

d) Setting up and operating an inland container depot or a container freight station

e) Bee-keeping and production of honey and beeswax

f) Setting up and operating a warehousing facility for storage of sugar

g) Laying and operating a slurry pipeline for the transportation of iron ore

h) Setting up and operating a semi-conductor wafer fabrication manufacturing unit

i) Developing or maintaining and operating, or developing, maintaining and operating a new infrastructure facility

(Subject to certain conditions)

100% of capital expenditure incurred for the purpose of business is allowed as deduction provided specified businesses commence operations on or after the prescribed dates.

Note: No deduction of any capital expenditure above Rs 10,000 shall be allowed if the payment for such expenditure is made otherwise than by an account payee cheque/draft or ECS or through prescribed electronic mode of payment.

All assessee

Note: Such deduction is available to Indian company in case of following business, namely;-

i) Business of laying and operating a cross-country natural gas or crude or petroleum oil pipeline network

ii) Developing or maintaining and operating or developing, maintaining and operating a new infrastructure facility.

35CCA Payment to following Funds are allowed as deduction:

a) National Fund for Rural Development; and

b) Notified National Urban Poverty Eradication Fund

Actual payment to specified funds All assessee
35CCC Expenditure (not being cost of land/building) incurred on notified agricultural extension project for the purpose of training, educating and guiding the farmers shall be allowed as deduction, provided the expenditure to be incurred is expected to be more than Rs. 25 lakhs (Subject to certain conditions). 150% of the expenditure (Subject to certain conditions)

Note:-

100% deduction shall be allowed from the 1st day of April, 2021

All assessee
35CCD Expenditure incurred by a company (not being expenditure in the nature of cost of any land or building) on any notified skill development project is allowed as deduction (Subject to certain conditions). 150% of the expenditure (Subject to certain conditions)

Note:

(i) No deduction shall be allowed to a company engaged in manufacturing alcoholic spirits or tobacco products.

(ii) 100% deduction shall be allowed for the AY beginning on or after the 1st day of April, 2021

Company engaged in manufacturing of any article or providing specified services
35D An Indian company can amortize certain preliminary expenses (up to maximum of 5% of cost of the project or capital employed, whichever is more) (Subject to certain conditions and nature of expenditures) Qualifying preliminary expenditure is allowable in each of 5 successive years beginning with the previous year in which the extension of undertaking is completed or the new unit commences production or operation. Indian Company
35D Non-corporate taxpayers can amortize certain preliminary expenses (up to maximum of 5% of cost of the project) (Subject to certain conditions and nature of expenditures) Qualifying preliminary expenditure is allowable in each of 5 successive years beginning with the previous year in which the extension of undertaking is completed or the new unit commences production or operation. Resident Non-corporate assessees
35DD Expenditure incurred after 31-3-1999 in respect of amalgamation or demerger can be amortized by an Indian Company Expenditure is allowed as deduction in five equal installments in 5 previous years starting with the year in which amalgamation or demerger took place. Indian Company
35DDA Expenditure incurred under Voluntary Retirement Scheme is allowed as deduction. Each payment under VRS is allowed as deduction in five equal installments in 5 previous years. All Assessee
35E Qualifying expenditure incurred by resident persons on prospecting for the minerals or on the development of mine or other natural deposit of such minerals shall be allowed as deduction (Subject to certain conditions). Eligible expenditure is allowed as deduction in ten equal installments in 10 previous years. Resident persons
36(1)(i) Insurance premium covering risk of damage or destruction of stocks/stores Actual expenditure incurred All Assessee
36(1)(ia) Insurance premium covering life of cattle owned by a member of co-operative society engaged in supplying milk to federal milk co-operative society Actual expenditure incurred All Assessee
36(1)(ib) Medical insurance premium paid by any mode other than cash, to insure employee’s health under (a) scheme framed by GIC of India and approved by Central Government; or (b) scheme framed by any other insurer and approved by IRDA Actual expenditure incurred All Assessee
36(1)(ii) Bonus or commission paid to employees which would not have been payable as profit or dividend if it had not been paid as bonus or commission Actual expenditure incurred All Assessee
36(1)(iii) Interest on borrowed capital (Subject to certain conditions) Interest paid in respect of capital borrowed for the purposes of the business or profession shall be allowed as deduction. However, if capital is borrowed for acquiring an asset, then interest for any period beginning from the date on which capital was borrowed till the date on which asset was first put to use, shall not be allowed as deduction. All Assessee
36(1)(iiia) Discount on Zero Coupon Bonds (Subject to certain conditions) Pro-rata amount of discount on zero coupon bonds shall be allowed as deduction over the life of such bond Specified Assessee
36(1)(iv) Employer’s contributions to recognized provident fund and approved superannuation fund [subject to certain limits and conditions] Actual expenditure incurred All Assessee
36(1)(iva) Any sum paid by assessee-employer by way of contribution towards a pension scheme, as referred to in section 80CCD, on account of an employee. Actual expenditure not exceeding 10% of the salary* of the employee

*Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits)+ turnover based commission

All Assessee – Employer
36(1)(v) Employer’s contribution towards approved gratuity fund created exclusively for the benefit of employees under an irrevocable trust shall be allowed as deduction (Subject to certain conditions). Actual expenditure not exceeding 8.33% of salary of each employee All Assessee – Employer
36(1)(va) Deposit of employee’s contributions in their respective provident fund or superannuation fund or any fund set up under Employees’ State Insurance Act, 1948 Actual amount received if credited to the employee’s account in relevant fund on or before due date specified under relevant Act All Assessee – Employer
36(1)(vi) Allowance in respect of animals which have died or become permanently useless (Subject to certain conditions) Actual cost of acquisition of such animals less realization on sale of carcasses of animals All Assessee
36(1)(vii) Bad debts which have been written off as irrecoverable (Subject to certain conditions) Actual bad debts which have been written off from books of accounts

Note:-

However, if amount of debt or part thereof has been taken into account in computing the income of assessee on basis of income computation and disclosure standards notified under Section 145(2) without recording the same in accounts then, such debt shall be allowed in the previous year in which such debt or part therof becomes irrecoverable. It shall be deemed that such debt or part thereof has been written off as irrecoverable in the accounts.

All Assessee
36(1)(viia) Deductions for provision for bad and doubtful debts created by certain banks, financial institutions and non-banking financial company (Subject to certain conditions).

Note

Deduction in respect of bad debts actually written off under section 36(1)(vii) shall be limited to that amount of bad debts which exceed the provision for bad and doubtful debts created under section 36(1)(viia).

Deductions for provision for bad and doubtful debts shall be limited to following:

(a) In case of scheduled and non-scheduled banks: Sum not exceeding aggregate of 8.5% of total income (before any deductions under this provision and Chapter VI-A) and 10% of aggregate average advances made by rural branches of such bank;

(b) In case of Financial Institutions: Up to 5% of total income before any deductions under this provision and Chapter VI-A; and

(c) In case of foreign banks: Up to 5% of total income before any deductions under this provision and Chapter VI-A

(d) In case of non-banking financial company: Up to 5% of total income before any deduction under this provision and chapter VI-A

Banks, Public Financial Institutions, Non-banking financial company, State Financial Corporation, State Industrial Investment Corporations
36(1)(viii) Deduction under this provisions is allowed to following entities in respect of amount transferred to special reserve account:

a) Financial Corporation which is engaged in providing long-term finance for industrial or agricultural development or development of infrastructure facility in India; or

b) Public company registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of residential houses in India.

[Subject to certain conditions]

Deduction shall be allowed to the extent of lower of following:

a) Amounts transferred to special reserve account

b) 20% of profits derived from eligible business

c) 200% of paid-up capital and general reserve (on last day of previous year) minus balance in special reserve account (on first day of previous year)

Specified financial corporations or public company
36(1)(ix) Expenditure incurred by a company on promotion of family planning amongst employees is allowed as deduction 1) Entire revenue expenditure is allowed as deduction

2) Capital expenditure shall be allowed as deduction in five equal installment in five years

Company
36(1)(xii) Any expenditure incurred by a notified corporation or body corporate constituted or established by a Central, State or Provincial Act, for the objects and purposes authorized by the respective Act is allowed as deduction Actual expenditure incurred (not being in the nature of capital expenditure) Notified corporations
36(1)(xiv) Contribution to Credit Guarantee Trust Fund for micro and small industries is allowed as deduction Actual expenditure incurred Public Financial Institutions
36(1)(xv) Securities Transaction Tax paid Actual expenditure incurred if corresponding income is included as income under the head profits and gains of business or profession All Assessee
36(1)(xvi) Amount equal to commodities transaction tax paid by an assessee in respect of taxable commodities transactions entered into in the course of his business during the previous year is allowed as deduction Actual expenditure incurred if corresponding income is included as income under the head profits and gains of business or profession All Assessee
36(1)(xvii) Amount of expenditure incurred by a co-operative society engaged in the business of manufacture of sugar for purchase of sugarcane. Deduction would be allowed the extent of lower of following:

a) Actual purchase price of sugarcane, or

b) Price of sugarcane fixed or approved by the Government

Co-operative society engaged in the business of manufacture of sugar
36(1)(xviii) Marked to market loss or other unexpected loss as computed in accordance with notified ICDS Actual losses incurred All assessee
37(1) Any other expenditure [not being personal or capital expenditure and expenditure mentioned in sections 30 to 36] laid out wholly and exclusively for purposes of business or profession Actual expenditure incurred All Assessee
37(2B) Expenditure on advertisement in any souvenir, brochure etc. published by a political party shall not be allowed as deduction Not Allowed All Assessee
  1. Amount expressly disallowed under the Act

Section Description
40(a)(i) Any sum (other than salary) payable outside India or to a non-resident, which is chargeable to tax in India in the hands of the recipient, shall not be allowed to be deducted if it was paid without deduction of tax at source or if tax was deducted but not deposited with the Central Government till the due date of filing of return.
Where deductor has failed to deduct the tax and he is not deemed to be an assessee in default under first proviso to section 201(1), then it shall be deemed that the deductor has deducted and paid the tax on the date on which the payee has furnished his return of Income.However, if tax is deducted or deposited in subsequent year, as the case may be, the expenditure shall be allowed as deduction in that year.
40(a)(ia) Any sum payable to a resident, which is subject to deduction of tax at source, would attract 30% disallowance if it was paid without deduction of tax at source or if tax was deducted but not deposited with the Central Government till the due date of filing of return.

However, where in respect of any such sum, tax is deducted or deposited in subsequent year, as the case may be, the expenditure so disallowed shall be allowed as deduction in that year.
Where deductor has failed to deduct the tax and he is not deemed to be an assessee in default under first proviso to section 201(1), then it shall be deemed that the deductor has deducted and paid the tax on the date on which the payee has furnished his return of Income.

40(a)(ib) Any sum paid or payable to a non-resident which is subject to a deduction of Equalisation levy would attract disallowance if such sum was paid without deduction of such levy or if it was deducted but not deposited with the Central Government till the due date of filing of return.

However, where in respect of any such sum, Equalisation levy is deducted or deposited in subsequent year, as the case may be, the expenditure so disallowed shall be allowed as deduction in that year.

Note: This provision has beeninserted by the Finance Act, 2016, w.e.f. 1-6-2016

40(a)(ii) Any sum paid on account of any rate or tax levied on the profits and gains of business or profession is not deductible
40(a)(iia) Wealth-tax or any other tax of similar nature shall not be deductible
40(a)(iib) Amount paid by way of royalty, license fee, service fee, privilege fee, service charge or any other fee or charge, by whatever name called, which is levied exclusively on (or any amount appropriated) a State Government undertaking by the State Government shall not be deductible.
40(a)(iii) Salaries payable outside India, or in India to a non-resident, on which tax has not been paid/deducted at source is not deductible.
40(a)(iv) Payments to provident fund or other funds for employees’ benefit shall not be deductible if no effective arrangements have been made to ensure deduction of at source from payments made from such funds to employees which shall be chargeable to tax as ‘salaries’.
40(a)(v) Tax paid by the employer on non-monetary perquisites provided to employees is not deductible if the tax so paid is not taxable in the hands of employees by virtue of Section 10(10CC).
40(b) Following sum paid by a partnership firm to its partners shall not be allowed to be deducted:

1) Salary, bonus, commission or remuneration paid to non-working partners;

2) Remuneration or interest paid to the partners is not in accordance with the terms of the partnership deed;

3) Remuneration or interest to partners is in accordance with the terms of the partnership deed but relates to any period prior to the date of the deed;

4) Interest to partners is in accordance with the terms of the partnership deed but exceeds 12% per annum;

5) Remuneration to partners is in accordance with the terms of the partnership deed but exceeds the following permissible limit:

a) On first Rs. 3 Lakhs of book profit or in case of loss – Rs. 1,50,000 or 90% of book profit, whichever is more;

b) On the balance of the book profit – 60% of book profit

40(ba) Interest, salary, bonus, commission or remuneration paid by Association of Persons or Body of Individuals to its members shall not be allowed as deduction (Subject to certain conditions).
40A(2) Any payment to related parties (relatives, directors, partner, member of HUF/AOP, person who has substantial interest in business of the taxpayer, etc.) in respect of any expenditure shall be disallowed to the extent such expenditure is considered excessive or unreasonable by the Assessing Officer having regard to its fair market value.
40A(3)/(3A) An expenditure, which is otherwise deductible under any provision of the Act, shall be disallowed if payment thereof has been made otherwise than by account payee cheque/bank draft or use of electronic clearing system through a bank account or through other prescribed electronic mode of payment and it exceeds Rs. 10,000 (Rs. 35,000 in case of payment made for plying, hiring or leasing goods carriages) in a day (Subject to certain conditions and exceptions).
40A(7) Provision for payment of gratuity to employees, other than a provision for contribution to approved gratuity fund, shall not be allowed as deduction (Subject to specified conditions).

Gratuity actually paid (or payable) during the year and contribution to approved gratuity fund is allowed as deduction.

40A(9) Any sum paid as an employer for setting up or as contribution to any fund, trust, company, AOP, BOI, Society or other institution (other than recognized provident fund, approved superannuation fund, approved gratuity fund or pension scheme referred to in section 80CCD) shall not be allowed as deduction deduction if such contribution or payment is not required by any law.
40(A)(13) No deduction shall be allowed in respect of marked to market loss or other unexpected loss except as allowable under section 36(1)(xviii).
  1. Expenses deductible on actual payment basis

The following expenses shall be allowed as deduction if such expenditure are actually paid on or before the due date of filing of return of income:-

Section Particulars
43B(a) Any Tax, Duty, Cess or Fees under any Law
43B(b) Any contribution to Provident Fund/Superannuation Fund/Gratuity Fund/Welfare Fund
43B(c) Bonus or Commission paid to employees which would not have been payable as profit or dividend
43B(d) Interest on Loan or Borrowings from Public Financial Institutions/State Financial Institutions etc.
43B(da) Interest on loan from a deposit taking NBFC or systemically important non-deposit taking NBFC
43B(e) Interest on loan or advance from bank
43B(f) Payment of Leave Encashment
43B(g) Sum payable to the Indian Railways for the use of railway assets.
  1. Other provisions

Section Particulars Provision
42 Special allowance in case of business of prospecting etc. for mineral oil (including petroleum and natural gas) in relation to which the Central Government has entered into an agreement with the taxpayer for the association or participation (Subject to certain conditions). Following deductions shall be allowed as deductions:

a) Any infructuous exploration expenditure

b) Expenditure on drilling or exploration activities or services, etc.

c) Allowance in relation to depletion of mineral oil, etc.

43A Special provisions consequential to changes in rate of exchange of Currency (Subject to certain conditions). Any increase or decrease in the liability incurred in foreign currency (to acquire a capital asset) pursuant to fluctuation in the foreign exchange rates shall be adjusted with the actual cost of such asset only on actual payment of the liability.
43C Acquisition of any asset (except stock-in-trade) by the taxpayer in the scheme of amalgamation or by way of gift, will etc. Cost of acquisition of any asset (except stock-in-trade) acquired by the taxpayer in the scheme of amalgamation or by way of gift, will etc. from the transferor (who sold it as stock-in-trade) shall be the cost of acquisition in the hands of transferor as increased by cost of any improvement made

Salary (Section. 15-17), Components

Salary, as governed by Sections 15 to 17 of the Income-tax Act, 1961, constitutes income earned by an individual under an employer-employee relationship and is chargeable to tax under the head “Income from Salaries.” Section 15 lays down the basis of charge, taxing salary on due or receipt basis, whichever occurs earlier, including advance salary and arrears. Section 16 provides for permissible deductions, namely the standard deduction, entertainment allowance, and professional tax. Section 17 offers an inclusive definition of salary, covering wages, annuities, pensions, gratuity, fees, commissions, perquisites, profits in lieu of salary, and contributions to provident/retirement funds exceeding specified limits. Together, these sections form the comprehensive statutory framework for computing salary income under Indian tax law.

Components of Salary under Sections 15 to 17:

1. Basic Salary

Basic Salary is the fixed amount paid by an employer to an employee for services rendered. It forms the basic component of salary and is generally taxable under Section 15. Various allowances and benefits may be calculated with reference to basic salary. Basic salary is also relevant for determining certain exemptions, such as House Rent Allowance (HRA). It may be paid monthly, weekly or at another agreed interval. For income tax purposes, the amount actually due or received, as applicable under Section 15, is considered while computing salary income. Thus, basic salary is an important component of taxable salary.

2. Dearness Allowance

Dearness Allowance (DA) is an amount paid by an employer to compensate employees for the effect of inflation and rising prices. It is generally included in taxable salary under Section 15. The tax treatment of DA may also depend on whether it forms part of salary for computing specific exemptions or retirement benefits. For example, DA may be considered for determining HRA exemption if the conditions prescribed under the law are satisfied. Since DA is received as a result of employment, it is generally taxable under the head Income from Salary.

3. House Rent Allowance

House Rent Allowance (HRA) is an allowance provided by an employer to an employee to meet expenses relating to rented residential accommodation. HRA is generally taxable under Section 15, but a prescribed exemption may be available under Section 10(13A) read with Rule 2A. The exemption is calculated according to specified conditions and limits based on salary, rent paid and HRA received. Any portion of HRA that does not qualify for exemption is taxable. Therefore, HRA is an important component while calculating an individual’s taxable salary income.

4. Bonus and Commission

Bonus and Commission received by an employee from an employer are generally taxable as salary income under Section 15. Bonus may be paid annually, periodically or on the basis of performance. Commission may be paid as a fixed amount or according to sales or other performance criteria. Such amounts are considered taxable when they become due or are received, according to the applicable provisions of Section 15. They form part of the employee’s gross salary before allowing deductions under Section 16. Therefore, bonus and commission are important components in the computation of taxable salary.

5. Allowances

Allowances are fixed amounts paid by an employer to an employee for meeting particular expenses or for performing specific duties. Examples include Transport Allowance, Medical Allowance, Education Allowance and Special Allowance. Generally, allowances are taxable unless a specific exemption is provided under the Income Tax Act. Certain allowances may receive full or partial exemption subject to prescribed conditions. Therefore, each allowance must be examined separately while computing salary income. The taxable portion of allowances is included in Gross Salary, while eligible exemptions are deducted according to the relevant provisions of the Income Tax Act.

6. Perquisites

Perquisites are additional benefits or facilities provided by an employer to an employee because of employment. They may be provided in cash or kind and include facilities such as rent free accommodation, motor car facility, concessional loans and certain other benefits. Under Section 17(2), specified perquisites are taxable in the hands of the employee subject to prescribed conditions and valuation rules. The taxable value of perquisites is added to salary income. Perquisites increase the employee’s overall compensation and therefore form an important component while calculating Income from Salary under the Income Tax Act.

7. Retirement Benefits

Retirement benefits are amounts received by an employee in connection with retirement, resignation, death or completion of service. Important retirement benefits include gratuity, pension, leave encashment and provident fund benefits. Their tax treatment depends upon the nature of the benefit, type of employee and conditions prescribed under the Income Tax Act. Certain benefits may be fully or partly exempt under Section 10, while the remaining taxable amount is included in salary income. Therefore, retirement benefits must be carefully examined to determine the taxable portion of salary and applicable exemptions.

8. Arrears of Salary

Arrears of Salary refer to salary received during the current year but relating to an earlier period. Arrears may arise due to salary revision, promotion, retrospective increase or delayed payment by the employer. Under Section 15, salary arrears may become taxable when they are due or received, subject to the applicable provisions. If arrears result in a higher tax burden because they relate to earlier years, the employee may be eligible to claim relief under Section 89(1), subject to prescribed conditions. Thus, arrears require proper identification and year wise tax treatment.

Scope of Total Income (Section 5)

Section 5 of the Indian Income Tax Act, 1961, plays a pivotal role in delineating the scope of total income, which serves as the basis for levying income tax on individuals, Hindu Undivided Families (HUFs), companies, firms, Association of Persons (AOPs), Body of Individuals (BOIs), and other artificial juridical persons. This section lays down the principles governing the taxation of income earned or deemed to be earned in India during a specific previous year. In essence, it establishes the territorial and residence-based framework for determining the tax liability of assessees.

Section 5 of Income Tax Act, 1961 provides Scope of total Income in case of of person who is a resident, in the case of a person not ordinarily resident in India and person who is a non-resident which includes. Income can be Income from any source which (a) is received or is deemed to be received in India in such year by or on behalf of such person; or (b) accrues or arises or is deemed to accrue or arise to him in India during such year; or (c) accrues or arises to him outside India during such year.

  • Territorial Scope:

Section 5(a) of the Income Tax Act elucidates that the total income of any previous year of an assessee includes all income accruing or arising, whether directly or indirectly, through or from any business connection in India or from any property in India or through or from any asset or source of income in India or through the transfer of a capital asset situated in India. This provision embodies the principle of territorial taxation, whereby income derived from sources within the geographical boundaries of India is subject to taxation. It encompasses various scenarios, such as income earned by a non-resident through a business connection in India, rental income from property situated in India, income generated from assets or sources located in India, and capital gains arising from the transfer of assets situated in India.

  • Residential Scope:

In addition to income earned or accruing in India, Section 5(b) extends the scope of total income to include income received or deemed to be received in India during the previous year. This provision captures income received within India’s jurisdiction, regardless of its source. It applies not only to residents but also to non-residents who receive income in India. Moreover, the concept of deemed receipt broadens the scope of total income by including certain incomes that are not actually received but are deemed to have been received under the provisions of the Income Tax Act. For instance, interest credited to a non-resident’s account in India is deemed to be received in India, even if it’s not withdrawn.

  • Accrual or Arising in India:

Section 5(c) further expands the ambit of total income by incorporating income accruing or arising, whether directly or indirectly, in India during the previous year. This provision encompasses income that may not have been received but has accrued or arisen to the taxpayer in India. It applies to residents as well as non-residents, ensuring that income arising within India’s territorial jurisdiction is subject to taxation. Various types of income, such as salaries for services rendered in India, dividends declared by Indian companies, and interest income from Indian sources, fall within the purview of this provision.

  • Deemed Accrual or Arising in India:

Additionally, Section 5(d) of the Income Tax Act introduces the concept of deemed accrual or arising of income in India, thereby further broadening the scope of total income. This provision deems certain incomes to accrue or arise in India, notwithstanding their actual place of accrual or arising. For instance, royalties, fees for technical services, and certain other incomes derived by non-residents are deemed to accrue or arise in India if they are payable by a person who is a resident in India or by a person who carries on business or profession in India. This deeming provision prevents the erosion of the tax base by ensuring that income generated from Indian assets or activities is subject to taxation in India, even if the recipient is a non-resident.

  • Taxation of Global Income:

One of the fundamental principles of taxation is that residents are liable to pay tax on their global income, i.e., income earned both within and outside India’s territorial jurisdiction. Section 5(e) of the Income Tax Act enshrines this principle by including the total income of a resident taxpayer, irrespective of its source. This provision ensures that residents are taxed on their worldwide income, thereby preventing tax evasion through the shifting of income to jurisdictions with lower or no tax rates. However, certain relief provisions, such as double taxation relief under Section 90 or Section 91, mitigate the burden of taxation on income earned in foreign jurisdictions.

  • Exceptions and Exemptions:

While Section 5 delineates the broad contours of total income, certain exceptions and exemptions carve out specific categories of income that are either wholly or partially excluded from the purview of taxation. Various provisions under the Income Tax Act provide exemptions for certain types of income, such as agricultural income, income of charitable institutions, dividends from domestic companies, long-term capital gains on specified assets, etc. These exemptions serve policy objectives, such as promoting agricultural development, encouraging charitable activities, fostering investment, and stimulating economic growth.

  • Business Connection:

Section 5(a) refers to income accruing or arising directly or indirectly from any business connection in India. Understanding the concept of “Business connection” is crucial as it determines the taxability of income earned by non-residents. A business connection exists when a non-resident has a significant presence in India, such as a branch, office, factory, or agent acting on behalf of the non-resident. Income attributable to such business connection, whether directly earned in India or indirectly connected to Indian operations, is subject to taxation.

  • Property in India:

The reference to income arising from property in India under Section 5(a) encompasses various types of income, including rental income, lease income, capital gains from the sale of immovable property, and other income derived from property situated in India. This provision ensures that income generated from Indian real estate assets, whether owned by residents or non-residents, is subject to taxation in India.

  • Source of Income in India:

Section 5(a) also covers income derived from any asset or source of income in India. This broad provision encompasses diverse sources of income, including interest income from Indian bank accounts, dividends from Indian companies, royalties from Indian sources, fees for technical services provided in India, and other income streams connected to Indian assets or activities. It ensures that income generated from Indian sources, regardless of the recipient’s residency status, is subject to taxation.

  • Transfer of Capital Assets:

The inclusion of income arising from the transfer of a capital asset situated in India under Section 5(a) implies that capital gains arising from the sale or transfer of immovable property, securities, or other assets located in India are subject to taxation. Capital gains tax is levied on the profit earned from the transfer of capital assets, with specific provisions for computing gains, determining the holding period for classification as short-term or long-term, and allowing deductions or exemptions under certain conditions.

  • Treaty Provisions:

Section 5(f) of the Income Tax Act empowers the Central Government to enter into agreements with foreign countries or specified territories for the avoidance of double taxation and prevention of fiscal evasion. These bilateral or multilateral treaties, commonly known as Double Taxation Avoidance Agreements (DTAA), override the provisions of the Income Tax Act to the extent they are more beneficial to the taxpayer. They provide relief from double taxation by allocating taxing rights between jurisdictions, providing for lower withholding tax rates, and allowing taxpayers to claim tax credits or exemptions.

  • Anti-avoidance Provisions:

To prevent tax evasion and abuse of tax laws, the Income Tax Act incorporates anti-avoidance provisions, such as General Anti-Avoidance Rules (GAAR), Specific Anti-Avoidance Rules (SAAR), and Transfer Pricing Regulations. These provisions empower tax authorities to disregard transactions or arrangements that are primarily undertaken for tax avoidance purposes and recharacterize them to reflect their substance. By curbing aggressive tax planning strategies and enforcing the principle of substance over form, these provisions ensure the integrity and effectiveness of the tax system.

Table explaining Scope of total Income under section 5 of Income Tax Act, 1961

Sr. No Particulars Resident Ordinary Resident (ROR) Resident Not Ordinary Resident (RNOR) – 5(1) Non Resident (NR)– 5(2)
1 Income received in India Taxed Taxed Taxed
2 Income Deemed to be receive in India Taxed Taxed Taxed
3 Income accrues or arises in India Taxed Taxed Taxed
4 Income deemed to accrues or arises in India Taxed Taxed Taxed
5 Income accrues or arises outside India Taxed NO NO
6 Income accrues or arises outside India from business/profession controlled/set up in India Taxed Taxed NO
7 Income Other than Above (No Relation In India) Taxed NO NO

Note:

  1. Residential status is as per section 6 of Income Tax Act, 1961.
  2. Deemed income is not actually accrued but is supposed to be accrued notionally.
  3. The income accrued is when the assessee obtains the rights to receive it.
  4. Previous year means the financial year immediately preceding the assessment year.

Capital Gain (Section. 45, 48, 49, 50 and 54)

The income from capital gains is not an income which accrues or arises from day-to-day during a specific period but it arises at fixed point of time, namely, on the date of the transfer of a capital asset. Specifically, the income from capital gains is the amount by which the sale price of a capital asset, net of any expense incurred in connection with the sale of the asset, exceeds the acquisition cost of the capital asset. The taxation of capital gains is justified by the taxation policy and law on the premise that capital gains increases the ‘ability to pay’ capacity of the person receiving such a gain.

The provisions related to taxation of capital gains were first introduced in 1947 and then in 1956 and then said section 12B in Income tax Act, 1922 was retained as such in the relevant provisions in Income tax Act, 1961.

Charging sections – Sections 45, 46 and 46A

The charging section explains the subject matter of taxation. Thus, there is one charging section for each head of income for salaries, income from house property, business income and income from other sources. However, for capital gains, there are three independent and separate charging sections:

(i) Section 45: Capital gains

(ii) Section 46: Capital gains on distribution of assets by companies in liquidation

(iii) Section 46A: Capital gains on purchase by company of its own shares or other securities

Section 45 is the general provision while sections 46 and 46A are special provisions.

Incomes to be taxed under the head, ‘Capital Gains’

Thus, the following incomes are taxable as ‘capital gains’:

Sr. No. Particulars Section
(1) Any profits and gains arising from the transfer of a capital asset effected in the previous year. Section 45(1) to (5)
(2) Any profits and gains arising from the receipt of any money or other assets under an insurance from an insurer on account of damage to, or destruction of, any capital asset, as a result of (i) flood, typhoon, hurricane, cyclone, earthquake or other convulsion of nature; or (ii) riot or civil disturbance; or (iii) accidental fire or explosion; or (iv) action taken by an enemy or in combating an enemy. 45(1A)
(3) Capital gains in respect of any money or other assets received by shareholder of a company from the company on its liquidation 46(2)
(d) Difference between (i) value of consideration received by shareholder or holder of specified securities from company on buyback of its own shares or other specified securities; and (ii) cost of acquisition 46A

The situs/location of capital asset matters only for non-resident assessees and not to others. In the cases of Non-resident assessees, if capital asset located outside India is transferred outside India and sale proceeds are received outside India, no taxability to capital gains arises in view of section 5 of the Act. Such assessees will be liable to be taxed under section 9(1) (i) in respect of capital gains accruing or arising “through the transfer of any capital asset situate in India”.

Important Definitions in capital gains

Sr. No. Term Definition Exceptions and remarks
1 Capital Asset A capital asset means property of any kind held by an assessee, whether or not connected with his business or profession

Any securities held by an FII

Assets Listed:

(a) jewellery;

(b) archaeological collections;

(c) drawings;

(d) paintings;

(e) sculptures; or

(f) any work of art

(g) Land other than agricultural land

(h) Rights in a company

2 Exclusions:

(i) any stock in trade

(ii) movable assets for personal use

(iii) agricultural land in India

(iv) Gold bonds issued by GoI

(v) Special bearer bonds

(vi) Gold Deposit Bonds

2 Agricultural land Land not situated within municipal jurisdiction or Cantt. Board and having population of more than 10000

Within 2 kms of municipal limits of jurisdiction with a population 10000>100000 and 6 kms for jurisdiction with population 100000>1000000 and 8kms for population >1000000

This amendment is applicable from A Y 2014-15 and the distance from municipal limits has to be measured aerially and not on the ground.
3 Transfer Sale, exchange or relinquishment of the asset

Extinguishment of rights in the asset

Compulsory acquisition under the law

Conversion of asset into stock in trade

Maturity or redemption of a zero coupon bond

Part performance of a contract

Enjoyment of a property through acquisition of shares

Indexed Cost of acquisition an amount which bears to the cost of acquisition the same proportion as Cost Inflation Index for the year in which the asset is transferred bears to the Cost Inflation Index for the first year in which the asset was held by the assessee or for the year beginning on the 1st day of April, 1981, whichever is later; From A Y 2018-19, the year 1981 shall be replaced by 2000
Indexed Cost of any improvement An amount which bears to the cost of improvement the same proportion as Cost Inflation Index for the year in which the asset is transferred bears to the Cost Inflation Index for the year in which the improvement to the asset took place
Cost Inflation Index Such Index as the Central Government may, having regard to seventy-five per cent of average rise in the (Consumer Price Index (urban)) for the immediately preceding previous year to such previous year, by notification in the Official Gazette, specify, in this behalf

Meaning of Transfer [Section 2(47)]

“Transfer”, in relation to a capital asset, includes:

(i) Sale, exchange or relinquishment of the asset;

(ii) Extinguishment of any rights in relation to a capital asset;

(iii) Compulsory acquisition of an asset;

(iv) Conversion of capital asset into stock-in-trade;

(v) Maturity or redemption of a zero coupon bond;

(vi) Allowing possession of immovable properties to the buyer in part performance of the contract;

(vii) Any transaction which has the effect of transferring an (or enabling the enjoyment of) immovable property; or

(viii) Disposing of or parting with an asset or any interest therein or creating any interest in any asset in any manner whatsoever.

Transactions which are not regarded as transfer [Section 47]

Following transactions shall not be regarded as transfer (subject to certain condition). Hence, following transaction shall not be charged to capital gains:

Section Particulars
46(1) Distribution of asset in kind by a company to its shareholders at the time of liquidation
47(i) Distribution of capital asset on total or partial partition of HUF
47(iii) Transfer of capital asset under a gift or will or an irrevocable trust
47(iv) Transfer of capital asset by a company to its wholly owned subsidiary company
47(v) Transfer of a capital asset by a wholly owned subsidiary company to its holding company
47(vi) Transfer of capital assets in a scheme of amalgamation
47(via) Transfer of shares in an Indian company held by a foreign company to another foreign company under a scheme of amalgamation of the two foreign companies
47(viab) Transfer of share of a foreign company (which derives, directly or indirectly, its value substantially from the share or shares of an Indian company) held by a foreign company to another foreign company under a scheme of amalgamation (subject to conditions)
47(viaa) Transfer of capital assets in a scheme of amalgamation of a banking company with a banking institution
47(vib) Transfer of capital assets by the demerged company to the resulting company in a demerger
47(vic) Transfer of shares held in an Indian company by a demerged foreign company to the resulting foreign company
47(vica) Any transfer of a capital asset by the predecessor co-operative bank to the successor co-operative bank in a business reorganization.
47(vicb) Any transfer of capital asset (being shares) held by a shareholder in the predecessor co-operative bank if the transfer is made in consideration of the allotment to him of any shares in the successor co-operative bank in a scheme of business reorganization
47(vicc) Transfer of share of a foreign company (which derives, directly or indirectly, its value substantially from the share or shares of an Indian company) held by a demerged foreign company to resulting foreign company in case of demerger (subject to conditions)
47(vid) Transfer or issue of shares by the resulting company to the shareholders of the demerged company in a scheme of demerger
47(vii) Allotment of shares in amalgamated company in lieu of shares held in amalgamating company
47(viia) Transfer of capital assets (being foreign currency convertible bonds or GDR) by a non-resident to another non-resident
47(viiaa) Any transfer made outside India, of a capital asset (being rupee denominated bond of an Indian company issued outside India) by a non-resident to another non-resident
47(viiab) Any transfer of following capital assets by a non-resident on a recognised stock exchange located in any International Financial Services Centre:

a) Bond or GDR

b) Rupee Denominated Bond of an Indian Co.

c) Derivative

d) Such other Securities as may be prescribed.

47(viib) Transfer of capital assets (being a Government security carrying periodic payment of interest) outside India through an intermediary dealing in settlement of securities by a non-resident to another non- resident
47(viic) Redemption of capital asset being sovereign gold bond issued by RBI under the Sovereign Gold Bond Scheme, 2015
47(ix) Transfer of a capital asset (being work of art, manuscript, painting, etc.) to Government, University, National museum, etc.
47(x) Transfer by way of conversion of bonds or debentures into shares
47(xa) Transfer by way of conversion of bonds [as referred to in section 115AC(1)(a)] into shares or debentures of any company
47(xb) Any transfer by way of conversion of preference shares into equity shares
47(xi) Transfer by way of exchange of a capital asset being membership of a recognized stock exchange for shares of a company
47(xii) Transfer of land by a sick industrial company which is managed by its workers’ co-operative
47(xiii) Transfer of a capital asset by a firm to a company in the case of conversion of firm into company
47(xiiia) Transfer of a capital asset being a membership right held by a member of a recognized stock exchange in India
47(xiiib) Transfer of a capital asset by a private company or unlisted public company to an LLP, or any transfer of shares held in the company by a shareholder, in the case of conversion of company into LLP
47(xiv) Transfer of a capital asset to a company in the case of conversion of proprietary concern into a company
47(xv) Transfer involved in a scheme of lending of securities
47(xvi) Transfer of a capital asset in a transaction of reverse mortgage made under a scheme notified by the Government
47(xvii) Transfer of a capital asset (being share of a special purpose vehicle) to a business trust in exchange of units allotted by that trust to the transferor
47(xviii) Transfer of units of a mutual fund pursuant to consolidation of two or more schemes of equity oriented mutual fund or of two or more schemes of a mutual fund other than equity oriented mutual fund
47(xix) Transfer of units of a mutual fund from one plan to another pursuant to consolidation of plans within scheme of mutual funds.

Full Value of Consideration

Full value of consideration is the consideration received or receivable by the transferor in lieu of assets, which he has transferred. Such consideration may be received in cash or in kind. If it is received in kind, then fair market value (‘FMV’) of such assets shall be taken as full value of consideration.

However, in the following cases “full value of the consideration” shall be determined on notional basis as per the relevant provisions of the Income-tax Act, 1961:

S. No. Nature of transaction Section Full Value of Consideration
1. Money or other asset received under any insurance from an insurer due to damage or destruction of a capital asset 45(1A) Value of money or the FMV of the asset (on the date of receipt)
2. Conversion of capital asset into stock-in-trade 45(2) FMV of the capital asset on the date of conversion
3. Transfer of capital asset by a partner or member to firm or AOP/BOI, as the case may be, as his capital contribution 45(3) Amount recorded in the books of accounts of the firm or AOP/BOI as the value of the capital asset received as capital contribution
4. Distribution of capital asset by Firm or AOP/BOI to its partners or members, as the case may be, on its dissolution 45(4) FMV of such asset on the date of transfer
5. Money or other assets received by share- holders at the time of liquidation of the company 46(2) Total money plus FMV of assets received on the date of distribution less amount assessed as deemed dividend under section 2(22)(c)
6. Buy-back of shares and other specified securities by a company 46A Consideration paid by company on buyback of shares or other securities would be deemed as full value of consideration. The difference between the cost of acquisition and buy-back price (full value of consideration) would be taxed as capital gain in the hands of the shareholder.

However, in case of buy-back of shares by a domestic company (whether listed* or unlisted), the company shall be liable to pay additional tax at the rate of 20% under section 115QA on the distributed income (i.e., buy-back price as reduced by the amount received by the company for issue of such shares). Consequently, capital gain arising in hands of shareholder shall be exempt by virtue of section 10(34A) in such cases.
*With effect from 05/07/2019, section 115QA has been amended to levy additional tax on buy back of shares by listed companies as well. Consequently, section 10(34A) has also been amended to exempt income arising in hands of shareholder on account of buy back of shares by listed companies. x

7. Shares, debentures, warrants (‘securities’) allotted by an employer to an employee under notified Employees Stock Option Scheme and such securities are gifted by the concerned employee to any person Fourth Proviso to Section 48 Fair Market value of securities at the time of gift
7A. Conversion of capital asset into stock-in-trade 49 FMV of the inventory as on the date of conversion
8. In case of transfer of land or building, if sale consideration declared in the conveyance deed is less than the stamp duty value 50C The value adopted or assessed or assessable by the Stamp Valuation Authority shall be deemed to be the full value of consideration. However, no such adjustment is required to be made if value adopted for stamp duty purposes does not exceed 110% of the sale consideration.

Note: Where the date of agreement (fixing the amount of consideration) and the date of registration for the transfer of property are not the same, the value adopted or assessed or assessable by Stamp Valuation Authority on the date of agreement may be taken as full value of consideration.

8A. Where consideration for transfer of unquoted shares is less than the Fair Market Value 50CA The Fair Market Value (so determined in prescribed manner) shall be deemed to be the full value of consideration

Note: The Board may prescribe transactions undertaken by certain class of persons to which the provisions of Section 50CA shall not be applicable. (w.e.f. Assessment Year 2020-21)

9. If consideration received or accruing as a result of transfer of a capital asset is not ascertainable or cannot be determined 50D FMV of asset on the date of transfer

Cost of Acquisition

Cost of acquisition of an asset is the amount for which it was originally acquired by the assessee. It includes expenses of capital nature incurred in connection with such purchase or for completing the title of the property.

However, in cases given below, cost of acquisition shall be computed on notional basis:

S. No. Particulars Notional Cost of Acquisition
1. Additional compensation in the case of compulsory acquisition of capital assets Nil
2. Assets received by a shareholder on liquidation of the company FMV of such asset on the date of distribution of assets to the shareholders
3. Stock or shares becomes property of taxpayer on consolidation, conversion, etc. Cost of acquisition of such stock or shares from which such asset is derived
4. Allotment of shares in an amalgamated Indian co. to the shareholders of amalgamating co. in a scheme of amalgamation Cost of acquisition of shares in the amalgamating co.
5. Conversion of debentures into shares That part of the cost of debentures in relation to which such asset is acquired by the assessee
5A. Conversion of preference shares into equity shares The part of the cost of preference shares in relation to which such asset is acquired by the assessee.
6. Allotment of shares/securities by a co. to its employees under ESOP Scheme approved by the Central Government a) If shares are allotted during 1999-2000 or on or after April 1, 2009, FMV of securities on the date of exercise of option

b) If shares are allotted before April 1, 2007 (not being during 1999-2000), the amount actually paid to acquire the securities

c) If shares are allotted on or after April 1, 2007 but before April 1, 2009, FMV of securities on the date of vesting of option (purchase price paid to the employer or FBT paid to employer shall not be considered)

6A. Listed Equity Shares or Units of Equity Oriented Funds or Units of Business Trust as referred to in Section 112A acquired before February 1, 2018. Higher of :

(i) Cost of acquisition of such asset; and

(ii) Lower of:

(A) The fair market value of such asset; and

(B) The full value of consideration received or accruing as a result of transfer of such asset.

Note: For meaning of ‘Fair market Value’ refer Explanation to Section 55(2)(ac).

7. Property covered by section 56(2)(vii) or (viia) or (x) The value which has been considered for the purpose of Section 56(2)(vii) or (viia) or (x)
8. Allotment of shares in Indian resulting company to the existing shareholders of the demerger company in a scheme of demerger Cost of acquisition of shares in demerged company ? Net book value of assets transferred in demerger ? Net worth of the demerged company immediately before demerger
9. Cost of acquisition of original shares in demerged company after demerger Cost of acquisition of such shares minus amount calculated above in point 8.
10. Cost of acquisition of assets acquired by successor LLP from predecessor private company or unlisted public company at the time of conversion of the company into LLP in compliance with conditions of Section 47(xiiib) Cost of acquisition of the assets to the predecessor private company or unlisted public company
11. Cost of acquisition of rights of a partner in a LLP which became the property of the taxpayer due to conversion of a private company or unlisted public company into the LLP Cost of acquisition of the shares in the co. immediately before conversion
12. Depreciable assets covered under Section 50 Opening WDV of block of assets on the first day of the previous year plus actual cost of assets acquired during the year which fall within the same block of assets
13. Depreciable assets of a power generating unit as covered under Section 50A* WDV of the asset minus terminal depreciation plus balancing charge
14. Undertaking/division acquired by way of slump sale as covered under Section 50B Net worth of such undertaking
15. New asset acquired for claiming exemptions under sections 54,  54B, 54D, 54G or 54GA if it is transferred within three years Actual cost of acquisition  minus exemption claimed under these sections
16. Goodwill of business or trade mark or brand name associated with business or right to manufacture, produce or process any article or thing or right to carry on any business or profession, tenancy right, stage permits or loom hours a) If these assets were acquired by gift, will, etc., under section 49(1) and the previous owner had purchased these assets: Cost of acquisition to the previous owner

b) If the owner has purchased these assets: Actual cost of acquisition

c) If these assets are self-generated: Nil

17. Right shares Amount actually paid by assessee
18. Right to subscribe to shares (i.e., right entitlement) Nil
19. Bonus shares a) If allotted to the assessee before April 1, 1981: Fair market value on that date

b) In any other case: Nil

20. Allotment of equity shares and right to trade in stock exchange, allotted to members of stock exchange under a scheme of demutualization or corporatization of stock exchanges as approved by SEBI a) Cost of acquisition of shares: Cost of acquisition of original membership of the stock exchange

b) Cost of acquisition of trading or clearing rights of the stock exchange: Nil

21. Capital asset, being a unit of business trust, acquired in consideration of transfer as referred to in section 47(xvii) Cost of acquisition of shares as referred to in section 47(xvii) [applicable from AY 2015-16]
Units allotted to an assessee pursuant to consolidation of two or more scheme of a mutual fund as referred to in Section 47(xviii) Cost of acquisition of such units shall be the cost of acquisition of units in the consolidating scheme of the mutual fund
Shares in a company acquired by the non-resident assessee on redemption of Global Depository Receipts referred to in Section 115AC(1)(b) Cost of acquisition of such shares shall be calculated on the basis of the price prevailing on any recognized stock exchange on the date on which a request for such redemption was made.
24. Any other capital asset: a) If it became property of taxpayer before April 1, 2001 by gift, will, etc., in modes specified in section 49(1): Cost of acquisition to the previous owner or FMV as on April 1, 2001, whichever is higher.

Note: The FMV on 1st April, 2001 shall not exceed the stamp duty value of such asset as on 1st April, 2001 where such stamp duty value is available. (this amendment will be applicable w.e.f. AY 2021-22)

b) If it became property of taxpayer before April 1, 2001 : Cost of acquisition or FMV as on April 1, 2001, whichever is more

Note: The FMV on 1st April, 2001 shall not exceed the stamp duty value of such asset as on 1st April, 2001 where such stamp duty value is available. (this amendment will be applicable w.e.f. AY 2021-22)

c) If it became property of taxpayer after April 1, 2001 by gift, will, etc., in modes specified in section 49(1): Cost of acquisition to the previous owner

d) If it became property of taxpayer after April 1, 2001 : Actual cost of acquisition

* Terminal Depreciation/Balancing Charge:

  1. a) Balancing Charge = Sales Consideration – WDV of the depreciable asset
  2. b) Terminal Depreciation = WDV – Sales Consideration
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