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TAXES : AN
OVERVIEW
WHAT IS TAX ?
• Taxes are termed as an obligatory contribution made by individuals or
corporations falling under the tax slab to the government
• The government levies taxes on the citizens of the country to produce
income for business projects, enhance the country’s economy, and lift
the standard of living of the nationals.
There are two types of taxes –
• Direct Taxes – Taxes imposed directly on the income or wealth of a
person
• Indirect Taxes – Taxes imposed on the price of a good or service
TAXATION IN INDIA – A 3 TIER
STRUCTURE
• The taxation system in India is such that the taxes are levied
by the Central Government and the State Governments.
• Some minor taxes are also levied by the local authorities such
as the Municipality and the Local Governments. To run the
government and manage the affairs of a state, money is
required. So the government imposes taxes in many forms on
the incomes of individuals and companies.
TYPES OF TAXES
Direct Taxes Indirect Taxes Other Taxes
Income Tax Sales Tax Property Tax
Wealth Tax Goods & Service Tax
(GST)
Professional Tax
Gift Tax Value Added Tax (VAT) Entertainment Tax
Capital Gains Tax Customs Duty Education Cess
Corporate Tax Octroi Duty Registration Fees
DIRECT TAXES
INCOME TAX
• In India, the Income Tax applies to individuals based on a slab
system, where different tax rates are assigned to different income
ranges.
• This type of taxation allows for a fair and progressive tax system in
the country.
• The income tax slabs are revised periodically
• The administration of income tax falls under the jurisdiction of the
Income Tax Department.
• This department operates under the Central Board for Direct Taxes
(CBDT) and functions as a part of the Ministry of Finance,
Government of India
TERMS
• Assessee - An Assessee is a person or group who determines his or her income
and pays tax in accordance with the Income Tax Act.
• Financial Year - It is the fiscal year in which income is earned by an assessee
• Assessment Year – It is the immediate year after Financial year
• PAN - It is a unique 10-digit alphanumeric number assigned to Indian
taxpayers by the Income Tax Department . All of a person's tax-related
transactions and information are recorded using their unique permanent
account number.
• TAN - It is Ten-digit alphanumeric number assigned by the Income Tax
Department of India, usually allotted to the person in charge of Tax Deducted
at Source (TDS) and Tax Collected at Source (TCS)
• Assessing Officer - An Individual officer of the Income-tax Department who is
entrusted with this task of assessment
Rank –
• Assistant Commissioner
• Assistant Director
• Deputy Commissioner
• Deputy Director
INCOME TAX SLAB FOR FY 2023-24
Tax Slab Rates
Upto Rs 3 Lakh NIL
Rs 3 Lakh to Rs 6 Lakh 5%
Rs 6 Lakh to Rs 9 Lakh 10%
Rs 9 Lakh to Rs 12 Lakh 15%
Rs 12 Lakh to Rs 15 Lakh 20%
Above Rs 15 Lakh 30%
For Individual Upto 60
Years
Tax Slab Rates
Upto Rs 3 Lakh NIL
Rs 3 Lakh to Rs 5 Lakh 5%
Rs 5 Lakh to Rs 10 Lakh 20%
Above Rs 10 Lakh 30%
For Individual 60 to 80
Years
Tax Slab Rates
Upto Rs 5 Lakh NIL
Rs 5 Lakh to Rs 10 Lakh 20%
Above Rs 10 Lakh 30%
For Individual 80 Years and
More
Taxable Entities under Income Tax Act –
I. an individual,
II. a Hindu undivided family,
III. a company,
IV. a firm,
V. an association of persons or a body of individuals, whether
incorporated or not,
VI. a local authority, and
VII. every artificial juridical person, not falling within any of the
preceding sub-clauses.
Basis of Classification of Income –
I. Income from Salaries
II. Income from House Property
III. Income from Business or Profession
IV. Income from Capital Gains
V. Income from Other Sources
INCOME FROM SALARIES
• Salary is the remuneration received by or accruing to an individual,
periodically, for service rendered as a result of an express or implied contract.
“Salary” includes
I. wages;
II. any annuity or pension;
III. any gratuity;
IV. any fees, commissions, perquisites or profits in lieu of or in addition to any
salary or wages;
V. any advance of salary
VI. any payment received by an employee in respect of any period of leave not
availed of by him;
DEDUCTIONS UNDER SALARY
Standard Deduction [Section 16(ia)] –
• A standard deduction is allowed against the salary income subject
to a limit of ₹ 50,000/- or the amount of salary whichever is less.
House Rent Allowance (HRA) -
• If you receive HRA as a component of your salary and live in a
rented house, you can claim an exemption on the HRA received
Entertainment Allowance (Govt Employees) –
• 1/5th of salary
• Actual entertainment amount received
Deduction under Section 80C:
• Provides deductions on various investments and expenses,
including:
o Employee's Provident Fund (EPF) contributions
o Public Provident Fund (PPF)
o Life insurance premiums
Deduction under Section 80D:
• Allows deductions for premiums paid on health insurance policies
for yourself, your spouse, children, and parents.
Deduction under Section 80G:
• Donations made to approved charitable institutions are eligible for
deductions under this section.
INCOME FROM HOUSE PROPERTY
It is the income earned by an individual (mainly rent) through the ownership of
a property which may consist of a residential building, flat, shop or land
attached to it.
Self-Occupied House Property
• A self-occupied house property is used for one’s own residential purposes.
This may be occupied by the taxpayer’s family – parents and/or spouse and
children. A vacant house property is considered as self-occupied for the
purpose of Income Tax.
Let Out House Property
• A house property which is rented for the whole or a part of the year is
considered a let out house property for income tax purposes
DEDUCTIONS UNDER HOUSE
PROPERTY
• Municipal Taxes: There are the annual taxes that are paid to local
authority/municipality.
• Standard Deductions: A standard deduction of 30% on Net annual
value is allowed to cover the expenses on repairs, maintenance,
painting, etc
• Interest on Loan: An amount of interest paid on home loan is
deductible on the Net Annual Value of the house property
INCOME FROM BUSINESS/PROFESSION
• Income from Business or Profession is one of the key heads of
income under the Income Tax Act in India.
• Speculative Businesses: It includes profits/loss from doing
speculative transactions i.e, without taking actual delivery of goods.
• Non-Speculative Businesses/Profession: Includes profits/loss from
all the normal business carried by a taxpayer. Example, any salary,
remuneration, commission, etc received by a partner
DEDUCTIONS UNDER
BUSINESS/PROFESSION
• Section 30- Rent, Rates, Taxes, Repairs, and Insurance of building.
• Section 31- Insurance and repair of Plant & Machinery and Furniture
• Section 32(1)- Depreciation on
• i) buildings, machinery, plant or furniture, being tangible assets;
• ii) patents, copyrights, trademarks, licenses, franchises, or any other
business or commercial rights
• Section 33AB- A deduction shall be available to the assessee for
depositing an amount in the Tea/Coffee/Rubber development
account
• Section 33ABA- A deduction shall be available to the assessee for
depositing an amount in a special account with SBI or Site
Restoration account
INCOME FROM CAPITAL GAIN
• The sale of capital assets may lead to capital gains and these gains
may attract tax under the Income Tax Act.
There are two types of capital gains –
1. Short Term Capital Gain –
• The revenues obtained from the sale of an asset held for less than
one year are referred to as short-term capital gains
2. Long Term Capital Gain –
• Long-term capital gains are the revenues gained from the sale of an
asset held for more than 12 months.
DEDUCTIONS UNDER CAPITAL GAIN
Capital gains in the case of liquidation of companies –
• Where the assets of a company are distributed to the shareholders
on liquidation it is not considered
Non resident making investment of capital gain –
• A non resident who has acquired shares or debentures of an Indian
company or government securities or deposits
Capital gains arising from the transfer of residential property –
• Any capital gain arising on the transfer of a building or land is
exempted
Capital gains on transfer of agricultural land in urban areas–
• Any capital gain resulting from the transfer of land used for
agricultural purposes situated in an urban area is exempted
Capital gain on sale of a new asset –
• The new asset should not be transferred within a period of
three years from the date of its purchase
INCOME FROM OTHER SOURCE
• It includes earning which is not included in any other heads of
Income.
• It Includes –
o Dividends from shares, mutual funds, etc.
o Income from lotteries, crosswords, horse races and other types of
gambling and betting
o Any amount received by an employer from employee as
contribution towards provident fund
o Agricultural income from land outside India
o Income from markets, ferries and fisheries
o Interest received from bank term deposits, company deposits, etc.
o Advanced payment or capital received during negotiation or transfer of
any capital asset
o Payment received from renting out machinery, plant, etc. if such income is
not treated as “Income from business or profession”
o Gifts valued in excess of Rs. 50,000 except when received as gift on the
occasion of marriage
o Income received from the sale of property
o Salary of MP or MLA
o Interest on amounts deposited by a liquidator of a company out of
realisations.
DEDUCTIONS UNDER INCOME FROM
OTHER SOURCE
• Interest in dividend or income from mutual fund
• Any sum credited by the assessee to the employees account in relevant fund
• A standard deduction of one third of the amount received as pension or Rs
15,000 whichever is less
• Any other expenditure incurred wholly and exclusively for the purpose of
earning income
• Interest received on compensation or enhanced compensation is deductible
upto 50%
• In case of lottery winning, no loss against any heads of income cant be used
to set off.
WEALTH TAX
• It is a direct tax that levied on wealth of individuals and
companies
• It is set at a flat rate and is charged on the value of an individual
assets including land , buildings and cars
• That is it’s a tax charged on the assets of individuals with a
certain wealth threshold
• The purpose of this tax is to reduce in equalities in wealth
• Wealth tax is governed by the wealth tax act 1957
• Wealth tax is levied on the following persons only
1) An individual
2) A Hindu undivided family (HUF)
3) A company
ENTITIES THAT ARE NOT LIABLE TO
WEALTH TAX
• Any company registered under section 25 of the companies act
• Any cooperative society
• Any social club
• Any political party
• A mutual funds specified under section 10 ( 23D) of the income tax
• Reserve bank of India
• Wealth tax is abolished in the 2015 budget since the lost
incurred for tax recovery was higher than the benefit
emanated
• The finance minister introduced a surcharge in the place of
wealth tax
• The surcharge is levied from 2% to 12% for the highly rich
section of people
• Those who have an income above 1 crore and companies
having an income of 10 crore or above will tend to come
under this
WEALTH TAX WAS ABOLISHED FOR
• Simplifying tax
• Complexity and burden of administration
• Lack of awareness
GIFT TAX
• According to the income tax act money or movable / immovable property that an
individual receives from another individual/organization without making a
payment is called a gift
• Thus from taxation point of view gift can be classified as
• Monetary gift or money received in the form of cash cheque ,draft, bank transfer
• Movable property such as shares , bonds , jewelry , sculptures , painting
• This also includes movable properties received at reduced price/ less than its fair
market value
• Immovable properties like buildings , land , residential , commercial property .This
also includes immovable property acquired at reduced price/less than its stamp
duty value
GIFTS EXEMPTED FROM TAX
• Gifts or cash of up to Rs 50,000 in a financial year are exempted
from tax
• If you receive any property for in adequate consideration, the
difference between the consideration and the stamp duty value
would considered a taxable gift
• Gifts from specified relatives are exempted from the tax
• Gifts given in contemplation of marriage of the recipient
• Property received from a local authority as defined under
section 10(20) of the income tax act
• Property received from any fund , foundation , university, other
educational institution , hospital or other medical institution
any trust or institution referred to in section 10(23c)
• Property received from a trust or institution registered under
section 12AA
TAX ON GIFTS RECEIVED FROM
FRIENDS
• Monetary and non monetary gifts received from friends
will be charged to tax since friends are not considered
relatives for this
• If the total amount of gifts received throughout the year
is less than RS 50,000 tax is not applicable
TAX ON GIFTS RECEIVED IN MARRIAGE
• Gifts received by an individual on the occasion of
marriage are not charged to tax
• How ever marriage is the only occasion when gifts, both
monetary and no monetary are not charged to tax
• Gift received on occasion like anniversary , birthday will
be subjected to tax
CORPORATE TAX
• The corporate tax is levied on the net profit of domestic firms
• Also foreign corporation whose profits appear or are deemed to
emerge through their operations in India are also liable to taxes
to the government of India
• The income of a company be it in the form of dividends , interest
and royalties is also taxable
• At present companies having a gross turn over up to
250 crores are liable to pay corporate tax at 25% of the
net profit
• The companies with a gross turn over more than
250crore are liable to pay the corporate tax at 30%
TAXES INCLUDED UNDER CORPORATE
TAX
Minimum Alternative Tax (MAT) -
• MAT is imposed on "zero tax companies " , which typically
refer to companies that declare little or no income in order
to save tax
Fringe Benefit Tax (FBT) -
• The FBT tax is imposed on the fringe benefits like drivers
and maids provided/paid for by companies to their
employees
Dividend Distribution Tax -
• An amount that is declared distributed or paid as dividend to the
shareholders by a domestic company is taxed under the DDT
• It is applicable to domestic companies only
• Foreign companies distributing dividends in India do not pay this
tax
Security Transaction Tax -
• The SST is imposed on the income which the companies get
through taxable securities transactions .
• The tax is free of any surcharge
CAPITAL GAINS TAX
• The capital assets of an individual refer to anything owned
for personal use or for the purpose of an investment
• For business the capital asset is anything that can be used
for more than a year and is not intended to be sold or
liquidated during the course of business operation
• Machinery , cars , homes , shares , bonds , arts , businesses
and firms are some of the examples of capital asset
• The capital gain tax is imposed on the income derived
from the sale of investments or assets
• On the basis of the holding period capital tax is
categorized under short term gains and long term gains
• The formula to calculate the capital gain tax is
Capital gains = sale value – purchase value
• The capital gain is considered as long term capital gain
if real estate property is sold after 2 years of holding
period debts funds or any other assets with a holding
period
INDIRECT TAXES
GOODS AND SERVICE TAX (GST)
• The Goods and Service Tax is an indirect tax, successor to VAT imposed on
the supply of goods and services.
• The goods and service tax is a value added tax levied on most goods and
services sold for domestic consumption.
• The GST was launched at midnight on 1 July 2017 by the president
of India, and the government of India. The GST is paid by consumers, but
it is remitted to the government by the businesses selling the goods and
services.
• The motto of GST is’ one nation, one tax, one market’.
• The GST is usually taxed as a single rate across a nation.
• Government prefer GST as it simplifies the taxation system and reduces
tax avoidance.
GST STRUCTURE
• CGST (Central Goods and Services Tax): CGST is the tax collected by the
Central Government on the supply of goods and services within a state. It is
levied under the Central Goods and Services Tax Act. The revenue generated
from CGST goes to the Central Government.
• SGST (State Goods and Services Tax): SGST is the tax collected by the State
Government on the supply of goods and services within a state. It is levied
under the State Goods and Services Tax Act. The revenue generated from SGST
goes to the respective State Government.
• IGST (Integrated Goods and Services Tax): IGST is applicable when the
supply of goods and services involves inter-state transactions (i.e., transactions
between different states). It is a tax levied by the Central Government and is
meant to maintain a uniform tax structure for inter-state trade. The revenue
collected through IGST is shared between the Central and State Governments.
Components of GST:
• 0% GST (Exempted): Some essential items, such as grains, fresh fruits,
vegetables, milk, eggs, fish, chicken, honey, Pooja articles, books, and
healthcare services, were exempt from GST
• 5% GST: Frozen or dried fish, flours, concentrated vegetables, frozen grapes,
raisins, nuts, branded rice, electric vehicle etc.
• 12% GST: Fruit pulp or fruit juice, marble and granite blocks, preserved fish,
oil, frozen meat products, handmade matches, butter, ghee, cell phones,
handbags including pouches and purses, mirrors etc.
• 18% GST: Soap, cornflakes, toothpaste, soups, pasta, CCTV, printers
• 28% GST: AC, fridge, dishwasher, sunscreen, weighing machine, paint,
cement, automobile, betting on casinos and racing etc.
Rates of GST:
Features
• One nation, One Tax
• Multiple tax slabs
• GST threshold limits
• Destination based taxation
• Online filing of GST returns and payment
• Exports and supplies to Special Economic Zones (SEZ) are zero
rated
• Formation of GST Council
MERITS
• Simplified tax structure
• Exports from India are made zero rated
• No Personal Inference by officers since all the interactions are through the
common GSTN portal
• Tax exemption for essential basic items
• Reduction in black money by tracking transactions and enforcing compliance
• GST aims to reduce the tax burden on consumers by eliminating the hidden
taxes in supply chain
• Elimination of check posts for avoiding unwanted delay.
DEMERITS
• Lesser role to government
• Delay in getting input tax credit and refund
• Multiple tax rates creating confusions
• Administrative challenges
• Transition issues
• Price confusion
• Tax evasion
CALCULATION OF GST
GST AMOUNT = ORIGINAL COST * GST RATE/100
OCTROI
• Octroi was historically a local tax or duty imposed on goods entering a
particular jurisdiction or municipality.
• It is a fee for enabling goods to pass through a jurisdiction
• Its purpose was primarily to generate revenue for the local government and
fund local infrastructure and services.
• Octroi was often levied at check points or borders
• The charges on the items are generally levied on the basis of weight, value and
total number of goods
• The octroi was eliminated on July 1, 2017 when Goods and Service Tax (GST) was
implemented across the country
Following are some of the goods on which octroi tax is levied :
• Leather Goods
• Food Grains
• China Made products
• Cars and other motor vehicles
• Imported Glass
• Products made from wood
• Domesticated animals
LUXURY TAX
• Luxury tax is a type of tax imposed on certain goods or services
that are considered non essential, luxurious or indulgent.
• The primary purposes of luxury taxes are to generate government
revenues and to reduce the consumption of these goods and
services.
Common types of luxury taxes include :
• Sales tax on luxury goods : This is a tax applied to the sale of
luxury items such as expensive cars, jewellery, designer clothing
and other non-essential goods.
• Sin tax : Sin tax are applied to products like alcohol, tobacco
and sometimes sugary beverages. Sin tax are applied to these
items to raise revenue and to discourage their consumption
• Property tax on luxury Real Estate : Property taxes can be higher
for luxury or high value real estate properties, including luxury
homes, estate and commercial properties
• Airline and hotel taxes : Taxes can be levied on luxury travel
accommodations such as first class airline tickets, high end
hotel rooms etc.
• Luxury service taxes : Taxes can be applied to luxury services
such as spa treatments, high end dining and exclusive clubs or
entertainment venues.
SALES TAX
• Sales tax is an indirect tax. It is the tax imposed on the sale of goods and services.
• It is a percentage added to the price of goods or services, which is then collected by
the government. It helps generate revenue for the government and is usually
imposed at the point of sale.
• Sales Tax has been replaced by the Goods and Services Tax (GST) starting 1 July,
2017.
• It is charged at the point of buy or exchange of certain taxable goods.
• It is charged as a percentage of the value of the product.
• The sales tax is an extra amount of money paid while purchasing goods or service
• The specific sales tax rate can vary depending on the jurisdiction, such as the state,
county, or city.
SALES TAX EXEMPTIONS
• Sellers with genuine state resale certificates are exempted from
tax when they resale products.
• Products sold to charities or schools are provided tax
exemptions
• There are a list of essential and local commodities which are
exempted from sales tax.
CALCULATION OF SALES TAX
Total Sales Tax = Cost Of Item x Sales Tax Rate
Note - Sales Tax Rate With Reference To 2023 Is 18%
CUSTOMS DUTY
• Customs Duty is a type of indirect tax levied on goods imported
into India as well as on goods exported from India.
• It also known as import duty or tariff
• Import of goods means bringing into India of goods from a place
outside India.
• Export of goods means taking goods out of India to a place
outside India.
• It is designed to protect domestic industries, regulate trade, and
generate revenue for the government.
• In India, the basic law for levy and collection of customs duty is Customs Act, 1962.
• It provides for levy and collection of duty on imports and exports, procedures.
prohibitions on importation and exportation of goods, penalties, offences, etc.
• The customs duty is usually calculated as a percentage of the value of the imported
goods, although specific duty rates may apply to certain products.
• The customs duty rates can vary widely depending on factors such as the type of
goods, their country of origin, and any trade agreements or preferential treatments
in place between countries.
• Customs duties are typically collected by customs authorities at the point of entry
into a country.
TYPES OF CUSTOMS DUTY
Basic Customs Duty
• It is levied on imported goods and is calculated on the assessable value of the goods.
Additional Customs Duty or Special CVD
• An Additional Customs or Special Countervailing Duty is imposed on imported goods
to equalize imports with local and domestic taxes. This brings imports in India on an
equal level with the goods manufactured and produced within the country.
Countervailing Duty (CVD)
• It is imposed on imported goods to counterbalance the excise duty imposed on similar
goods produced domestically
Anti-Dumping Duty
• An Anti-Dumping Duty is a tariff that a government imposes on imports that are priced
below fair market value.
Protective Duty
• Protective Duties is imposed to protect the domestic or local industry against imports at a
rate recommended by the Tariff Commissioner.
National Calamity Contingent Duty (NCCD)
• The National Calamity Contingent Duty is usually levied on tobacco, pan masala and similar
products, which can harm human health. The tax rate can vary from 10% to 45% based on
different factors.
Safeguard Duty
• The Safeguard Duty is levied to ensure no domestic industries in India are harmed by
external forces. It is calculated according to the loss suffered by local industries.
OTHER TAXES
ENTERTAINMENT TAX
Entertainment tax, also known as an Amusement tax or Show tax, is a form of
taxation levied by some state governments in India on various forms of
entertainment and recreational activities. may cover a wide range of
entertainment activities, including:
1. Cinema and Movie Tickets
2. Cultural and Sporting Events
3. Amusement Parks and Theme Parks
4. Clubs and Pubs
5. Online Streaming Services
6. Horse Racing and Betting
TAXATION AUTHORITIES
In India, taxation is governed by various authorities at different levels of
government. Here are the primary taxation authorities in India:
1. Central Board of Direct Taxes (CBDT):
CBDT is responsible for administering and regulating direct taxes,
including income tax. It operates under the Department of Revenue, Ministry of
Finance.
2. Central Board of Indirect Taxes and Customs (CBIC):
CBIC oversees the administration of indirect taxes, such as Goods and
Services Tax (GST), customs duties, excise duties, and service tax. It also falls
under the Department of Revenue, Ministry of Finance.
3. Goods and Services Tax Council (GST Council): The GST Council is a federal
body comprising representatives from the central and state governments. It is
responsible for making recommendations on GST rates, exemptions, and other
related matters.
4. State Tax Departments: Each state in India has its own tax department
responsible for administering and collecting state-specific taxes, such as Value
Added Tax (VAT), State Goods and Services Tax (SGST), and Professional Tax.
5. Municipal Corporations: Local municipal corporations or authorities are
responsible for levying and collecting property tax, which is a local tax on
immovable properties within their jurisdiction.
TAX EVASION
TAX EVASION –
• Tax evasion refers to the illegal act Of intentionally avoiding paying taxes by
misreporting or concealing income.
TYPES OF TAX EVASION:
1) Exaggerate expenses or claim excessive exemptions.
2) Underreporting income
3) Maintaining bank account outside India
4) Falsifying financial statements
5) Bribing tax officials
6) Smuggling
PENALTIES
• Failure to comply with the provisions relating to PAN: If a person fails to
comply with the provisions relating to Permanent Account Number (PAN)
penalty up to ₹ 10,000 shall be imposed.
• Revocation of Business Licenses: Businesses that engage in tax evasion can
face the revocation of their licenses.
• For not filing GSTR: Penalty will be 10% of the tax due or₹ 10,000 whichever
is higher.
• Penalty for Filing Inaccurate Information - Providing inaccurate
information on your tax return can lead to a penalty of ₹ 10,000 under the
Income Tax Act
• Penalty for not registering under GST - Penalty will be 100% of the tax due
or ₹ 10,000 whichever is higher.
• Forfeiture of Security Bonds: Importers and exporters often provide
security bonds as a guarantee for compliance. Customs authorities can forfeit
these bonds in the case of violations.
• Non-Compliance with Reporting Requirements by corporates: Failure to
comply with reporting requirements, such as disclosing related-party
transactions, may lead to penalties.
REFERENCES
o https://www.policybazaar.com/tax/
o https://groww.in/p/tax
o https://unacademy.com/content/kerala-psc/study-material/finance/indian-tax-
system-a-three-tier-federal-structure
o https://unacademy.com/content/bank-exam/study-material/general-
awareness/what-is-the-history-of-taxation-in-
o https://cleartax.in/s/income-tax-slabs
o https://cleartax.in/s/section-171-definition-of-salary-under-the-income-tax-act
Thank You….!
Presented By –
Mohammed Hizer Bin Aslam
Adithya U
K Sanika Vivek
Shifa Akhtar
GROUP - 5

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Taxes an Overview On Indian Based Context

  • 2. WHAT IS TAX ? • Taxes are termed as an obligatory contribution made by individuals or corporations falling under the tax slab to the government • The government levies taxes on the citizens of the country to produce income for business projects, enhance the country’s economy, and lift the standard of living of the nationals. There are two types of taxes – • Direct Taxes – Taxes imposed directly on the income or wealth of a person • Indirect Taxes – Taxes imposed on the price of a good or service
  • 3. TAXATION IN INDIA – A 3 TIER STRUCTURE • The taxation system in India is such that the taxes are levied by the Central Government and the State Governments. • Some minor taxes are also levied by the local authorities such as the Municipality and the Local Governments. To run the government and manage the affairs of a state, money is required. So the government imposes taxes in many forms on the incomes of individuals and companies.
  • 4. TYPES OF TAXES Direct Taxes Indirect Taxes Other Taxes Income Tax Sales Tax Property Tax Wealth Tax Goods & Service Tax (GST) Professional Tax Gift Tax Value Added Tax (VAT) Entertainment Tax Capital Gains Tax Customs Duty Education Cess Corporate Tax Octroi Duty Registration Fees
  • 6. INCOME TAX • In India, the Income Tax applies to individuals based on a slab system, where different tax rates are assigned to different income ranges. • This type of taxation allows for a fair and progressive tax system in the country. • The income tax slabs are revised periodically • The administration of income tax falls under the jurisdiction of the Income Tax Department. • This department operates under the Central Board for Direct Taxes (CBDT) and functions as a part of the Ministry of Finance, Government of India
  • 7. TERMS • Assessee - An Assessee is a person or group who determines his or her income and pays tax in accordance with the Income Tax Act. • Financial Year - It is the fiscal year in which income is earned by an assessee • Assessment Year – It is the immediate year after Financial year • PAN - It is a unique 10-digit alphanumeric number assigned to Indian taxpayers by the Income Tax Department . All of a person's tax-related transactions and information are recorded using their unique permanent account number. • TAN - It is Ten-digit alphanumeric number assigned by the Income Tax Department of India, usually allotted to the person in charge of Tax Deducted at Source (TDS) and Tax Collected at Source (TCS)
  • 8. • Assessing Officer - An Individual officer of the Income-tax Department who is entrusted with this task of assessment Rank – • Assistant Commissioner • Assistant Director • Deputy Commissioner • Deputy Director
  • 9. INCOME TAX SLAB FOR FY 2023-24 Tax Slab Rates Upto Rs 3 Lakh NIL Rs 3 Lakh to Rs 6 Lakh 5% Rs 6 Lakh to Rs 9 Lakh 10% Rs 9 Lakh to Rs 12 Lakh 15% Rs 12 Lakh to Rs 15 Lakh 20% Above Rs 15 Lakh 30% For Individual Upto 60 Years
  • 10. Tax Slab Rates Upto Rs 3 Lakh NIL Rs 3 Lakh to Rs 5 Lakh 5% Rs 5 Lakh to Rs 10 Lakh 20% Above Rs 10 Lakh 30% For Individual 60 to 80 Years
  • 11. Tax Slab Rates Upto Rs 5 Lakh NIL Rs 5 Lakh to Rs 10 Lakh 20% Above Rs 10 Lakh 30% For Individual 80 Years and More
  • 12. Taxable Entities under Income Tax Act – I. an individual, II. a Hindu undivided family, III. a company, IV. a firm, V. an association of persons or a body of individuals, whether incorporated or not, VI. a local authority, and VII. every artificial juridical person, not falling within any of the preceding sub-clauses.
  • 13. Basis of Classification of Income – I. Income from Salaries II. Income from House Property III. Income from Business or Profession IV. Income from Capital Gains V. Income from Other Sources
  • 14. INCOME FROM SALARIES • Salary is the remuneration received by or accruing to an individual, periodically, for service rendered as a result of an express or implied contract. “Salary” includes I. wages; II. any annuity or pension; III. any gratuity; IV. any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages; V. any advance of salary VI. any payment received by an employee in respect of any period of leave not availed of by him;
  • 15. DEDUCTIONS UNDER SALARY Standard Deduction [Section 16(ia)] – • A standard deduction is allowed against the salary income subject to a limit of ₹ 50,000/- or the amount of salary whichever is less. House Rent Allowance (HRA) - • If you receive HRA as a component of your salary and live in a rented house, you can claim an exemption on the HRA received Entertainment Allowance (Govt Employees) – • 1/5th of salary • Actual entertainment amount received
  • 16. Deduction under Section 80C: • Provides deductions on various investments and expenses, including: o Employee's Provident Fund (EPF) contributions o Public Provident Fund (PPF) o Life insurance premiums Deduction under Section 80D: • Allows deductions for premiums paid on health insurance policies for yourself, your spouse, children, and parents. Deduction under Section 80G: • Donations made to approved charitable institutions are eligible for deductions under this section.
  • 17. INCOME FROM HOUSE PROPERTY It is the income earned by an individual (mainly rent) through the ownership of a property which may consist of a residential building, flat, shop or land attached to it. Self-Occupied House Property • A self-occupied house property is used for one’s own residential purposes. This may be occupied by the taxpayer’s family – parents and/or spouse and children. A vacant house property is considered as self-occupied for the purpose of Income Tax. Let Out House Property • A house property which is rented for the whole or a part of the year is considered a let out house property for income tax purposes
  • 18. DEDUCTIONS UNDER HOUSE PROPERTY • Municipal Taxes: There are the annual taxes that are paid to local authority/municipality. • Standard Deductions: A standard deduction of 30% on Net annual value is allowed to cover the expenses on repairs, maintenance, painting, etc • Interest on Loan: An amount of interest paid on home loan is deductible on the Net Annual Value of the house property
  • 19. INCOME FROM BUSINESS/PROFESSION • Income from Business or Profession is one of the key heads of income under the Income Tax Act in India. • Speculative Businesses: It includes profits/loss from doing speculative transactions i.e, without taking actual delivery of goods. • Non-Speculative Businesses/Profession: Includes profits/loss from all the normal business carried by a taxpayer. Example, any salary, remuneration, commission, etc received by a partner
  • 20. DEDUCTIONS UNDER BUSINESS/PROFESSION • Section 30- Rent, Rates, Taxes, Repairs, and Insurance of building. • Section 31- Insurance and repair of Plant & Machinery and Furniture • Section 32(1)- Depreciation on • i) buildings, machinery, plant or furniture, being tangible assets; • ii) patents, copyrights, trademarks, licenses, franchises, or any other business or commercial rights
  • 21. • Section 33AB- A deduction shall be available to the assessee for depositing an amount in the Tea/Coffee/Rubber development account • Section 33ABA- A deduction shall be available to the assessee for depositing an amount in a special account with SBI or Site Restoration account
  • 22. INCOME FROM CAPITAL GAIN • The sale of capital assets may lead to capital gains and these gains may attract tax under the Income Tax Act. There are two types of capital gains – 1. Short Term Capital Gain – • The revenues obtained from the sale of an asset held for less than one year are referred to as short-term capital gains 2. Long Term Capital Gain – • Long-term capital gains are the revenues gained from the sale of an asset held for more than 12 months.
  • 23. DEDUCTIONS UNDER CAPITAL GAIN Capital gains in the case of liquidation of companies – • Where the assets of a company are distributed to the shareholders on liquidation it is not considered Non resident making investment of capital gain – • A non resident who has acquired shares or debentures of an Indian company or government securities or deposits Capital gains arising from the transfer of residential property – • Any capital gain arising on the transfer of a building or land is exempted
  • 24. Capital gains on transfer of agricultural land in urban areas– • Any capital gain resulting from the transfer of land used for agricultural purposes situated in an urban area is exempted Capital gain on sale of a new asset – • The new asset should not be transferred within a period of three years from the date of its purchase
  • 25. INCOME FROM OTHER SOURCE • It includes earning which is not included in any other heads of Income. • It Includes – o Dividends from shares, mutual funds, etc. o Income from lotteries, crosswords, horse races and other types of gambling and betting o Any amount received by an employer from employee as contribution towards provident fund o Agricultural income from land outside India o Income from markets, ferries and fisheries
  • 26. o Interest received from bank term deposits, company deposits, etc. o Advanced payment or capital received during negotiation or transfer of any capital asset o Payment received from renting out machinery, plant, etc. if such income is not treated as “Income from business or profession” o Gifts valued in excess of Rs. 50,000 except when received as gift on the occasion of marriage o Income received from the sale of property o Salary of MP or MLA o Interest on amounts deposited by a liquidator of a company out of realisations.
  • 27. DEDUCTIONS UNDER INCOME FROM OTHER SOURCE • Interest in dividend or income from mutual fund • Any sum credited by the assessee to the employees account in relevant fund • A standard deduction of one third of the amount received as pension or Rs 15,000 whichever is less • Any other expenditure incurred wholly and exclusively for the purpose of earning income • Interest received on compensation or enhanced compensation is deductible upto 50% • In case of lottery winning, no loss against any heads of income cant be used to set off.
  • 28. WEALTH TAX • It is a direct tax that levied on wealth of individuals and companies • It is set at a flat rate and is charged on the value of an individual assets including land , buildings and cars • That is it’s a tax charged on the assets of individuals with a certain wealth threshold • The purpose of this tax is to reduce in equalities in wealth • Wealth tax is governed by the wealth tax act 1957
  • 29. • Wealth tax is levied on the following persons only 1) An individual 2) A Hindu undivided family (HUF) 3) A company
  • 30. ENTITIES THAT ARE NOT LIABLE TO WEALTH TAX • Any company registered under section 25 of the companies act • Any cooperative society • Any social club • Any political party • A mutual funds specified under section 10 ( 23D) of the income tax • Reserve bank of India
  • 31. • Wealth tax is abolished in the 2015 budget since the lost incurred for tax recovery was higher than the benefit emanated • The finance minister introduced a surcharge in the place of wealth tax • The surcharge is levied from 2% to 12% for the highly rich section of people • Those who have an income above 1 crore and companies having an income of 10 crore or above will tend to come under this
  • 32. WEALTH TAX WAS ABOLISHED FOR • Simplifying tax • Complexity and burden of administration • Lack of awareness
  • 33. GIFT TAX • According to the income tax act money or movable / immovable property that an individual receives from another individual/organization without making a payment is called a gift • Thus from taxation point of view gift can be classified as • Monetary gift or money received in the form of cash cheque ,draft, bank transfer • Movable property such as shares , bonds , jewelry , sculptures , painting • This also includes movable properties received at reduced price/ less than its fair market value • Immovable properties like buildings , land , residential , commercial property .This also includes immovable property acquired at reduced price/less than its stamp duty value
  • 34. GIFTS EXEMPTED FROM TAX • Gifts or cash of up to Rs 50,000 in a financial year are exempted from tax • If you receive any property for in adequate consideration, the difference between the consideration and the stamp duty value would considered a taxable gift • Gifts from specified relatives are exempted from the tax • Gifts given in contemplation of marriage of the recipient
  • 35. • Property received from a local authority as defined under section 10(20) of the income tax act • Property received from any fund , foundation , university, other educational institution , hospital or other medical institution any trust or institution referred to in section 10(23c) • Property received from a trust or institution registered under section 12AA
  • 36. TAX ON GIFTS RECEIVED FROM FRIENDS • Monetary and non monetary gifts received from friends will be charged to tax since friends are not considered relatives for this • If the total amount of gifts received throughout the year is less than RS 50,000 tax is not applicable
  • 37. TAX ON GIFTS RECEIVED IN MARRIAGE • Gifts received by an individual on the occasion of marriage are not charged to tax • How ever marriage is the only occasion when gifts, both monetary and no monetary are not charged to tax • Gift received on occasion like anniversary , birthday will be subjected to tax
  • 38. CORPORATE TAX • The corporate tax is levied on the net profit of domestic firms • Also foreign corporation whose profits appear or are deemed to emerge through their operations in India are also liable to taxes to the government of India • The income of a company be it in the form of dividends , interest and royalties is also taxable
  • 39. • At present companies having a gross turn over up to 250 crores are liable to pay corporate tax at 25% of the net profit • The companies with a gross turn over more than 250crore are liable to pay the corporate tax at 30%
  • 40. TAXES INCLUDED UNDER CORPORATE TAX Minimum Alternative Tax (MAT) - • MAT is imposed on "zero tax companies " , which typically refer to companies that declare little or no income in order to save tax Fringe Benefit Tax (FBT) - • The FBT tax is imposed on the fringe benefits like drivers and maids provided/paid for by companies to their employees
  • 41. Dividend Distribution Tax - • An amount that is declared distributed or paid as dividend to the shareholders by a domestic company is taxed under the DDT • It is applicable to domestic companies only • Foreign companies distributing dividends in India do not pay this tax Security Transaction Tax - • The SST is imposed on the income which the companies get through taxable securities transactions . • The tax is free of any surcharge
  • 42. CAPITAL GAINS TAX • The capital assets of an individual refer to anything owned for personal use or for the purpose of an investment • For business the capital asset is anything that can be used for more than a year and is not intended to be sold or liquidated during the course of business operation • Machinery , cars , homes , shares , bonds , arts , businesses and firms are some of the examples of capital asset
  • 43. • The capital gain tax is imposed on the income derived from the sale of investments or assets • On the basis of the holding period capital tax is categorized under short term gains and long term gains • The formula to calculate the capital gain tax is Capital gains = sale value – purchase value • The capital gain is considered as long term capital gain if real estate property is sold after 2 years of holding period debts funds or any other assets with a holding period
  • 45. GOODS AND SERVICE TAX (GST) • The Goods and Service Tax is an indirect tax, successor to VAT imposed on the supply of goods and services. • The goods and service tax is a value added tax levied on most goods and services sold for domestic consumption. • The GST was launched at midnight on 1 July 2017 by the president of India, and the government of India. The GST is paid by consumers, but it is remitted to the government by the businesses selling the goods and services. • The motto of GST is’ one nation, one tax, one market’. • The GST is usually taxed as a single rate across a nation. • Government prefer GST as it simplifies the taxation system and reduces tax avoidance.
  • 46. GST STRUCTURE • CGST (Central Goods and Services Tax): CGST is the tax collected by the Central Government on the supply of goods and services within a state. It is levied under the Central Goods and Services Tax Act. The revenue generated from CGST goes to the Central Government. • SGST (State Goods and Services Tax): SGST is the tax collected by the State Government on the supply of goods and services within a state. It is levied under the State Goods and Services Tax Act. The revenue generated from SGST goes to the respective State Government. • IGST (Integrated Goods and Services Tax): IGST is applicable when the supply of goods and services involves inter-state transactions (i.e., transactions between different states). It is a tax levied by the Central Government and is meant to maintain a uniform tax structure for inter-state trade. The revenue collected through IGST is shared between the Central and State Governments. Components of GST:
  • 47. • 0% GST (Exempted): Some essential items, such as grains, fresh fruits, vegetables, milk, eggs, fish, chicken, honey, Pooja articles, books, and healthcare services, were exempt from GST • 5% GST: Frozen or dried fish, flours, concentrated vegetables, frozen grapes, raisins, nuts, branded rice, electric vehicle etc. • 12% GST: Fruit pulp or fruit juice, marble and granite blocks, preserved fish, oil, frozen meat products, handmade matches, butter, ghee, cell phones, handbags including pouches and purses, mirrors etc. • 18% GST: Soap, cornflakes, toothpaste, soups, pasta, CCTV, printers • 28% GST: AC, fridge, dishwasher, sunscreen, weighing machine, paint, cement, automobile, betting on casinos and racing etc. Rates of GST:
  • 48. Features • One nation, One Tax • Multiple tax slabs • GST threshold limits • Destination based taxation • Online filing of GST returns and payment • Exports and supplies to Special Economic Zones (SEZ) are zero rated • Formation of GST Council
  • 49. MERITS • Simplified tax structure • Exports from India are made zero rated • No Personal Inference by officers since all the interactions are through the common GSTN portal • Tax exemption for essential basic items • Reduction in black money by tracking transactions and enforcing compliance • GST aims to reduce the tax burden on consumers by eliminating the hidden taxes in supply chain • Elimination of check posts for avoiding unwanted delay.
  • 50. DEMERITS • Lesser role to government • Delay in getting input tax credit and refund • Multiple tax rates creating confusions • Administrative challenges • Transition issues • Price confusion • Tax evasion
  • 51. CALCULATION OF GST GST AMOUNT = ORIGINAL COST * GST RATE/100
  • 52. OCTROI • Octroi was historically a local tax or duty imposed on goods entering a particular jurisdiction or municipality. • It is a fee for enabling goods to pass through a jurisdiction • Its purpose was primarily to generate revenue for the local government and fund local infrastructure and services. • Octroi was often levied at check points or borders • The charges on the items are generally levied on the basis of weight, value and total number of goods • The octroi was eliminated on July 1, 2017 when Goods and Service Tax (GST) was implemented across the country
  • 53. Following are some of the goods on which octroi tax is levied : • Leather Goods • Food Grains • China Made products • Cars and other motor vehicles • Imported Glass • Products made from wood • Domesticated animals
  • 54. LUXURY TAX • Luxury tax is a type of tax imposed on certain goods or services that are considered non essential, luxurious or indulgent. • The primary purposes of luxury taxes are to generate government revenues and to reduce the consumption of these goods and services.
  • 55. Common types of luxury taxes include : • Sales tax on luxury goods : This is a tax applied to the sale of luxury items such as expensive cars, jewellery, designer clothing and other non-essential goods. • Sin tax : Sin tax are applied to products like alcohol, tobacco and sometimes sugary beverages. Sin tax are applied to these items to raise revenue and to discourage their consumption
  • 56. • Property tax on luxury Real Estate : Property taxes can be higher for luxury or high value real estate properties, including luxury homes, estate and commercial properties • Airline and hotel taxes : Taxes can be levied on luxury travel accommodations such as first class airline tickets, high end hotel rooms etc. • Luxury service taxes : Taxes can be applied to luxury services such as spa treatments, high end dining and exclusive clubs or entertainment venues.
  • 57. SALES TAX • Sales tax is an indirect tax. It is the tax imposed on the sale of goods and services. • It is a percentage added to the price of goods or services, which is then collected by the government. It helps generate revenue for the government and is usually imposed at the point of sale. • Sales Tax has been replaced by the Goods and Services Tax (GST) starting 1 July, 2017. • It is charged at the point of buy or exchange of certain taxable goods. • It is charged as a percentage of the value of the product. • The sales tax is an extra amount of money paid while purchasing goods or service • The specific sales tax rate can vary depending on the jurisdiction, such as the state, county, or city.
  • 58. SALES TAX EXEMPTIONS • Sellers with genuine state resale certificates are exempted from tax when they resale products. • Products sold to charities or schools are provided tax exemptions • There are a list of essential and local commodities which are exempted from sales tax.
  • 59. CALCULATION OF SALES TAX Total Sales Tax = Cost Of Item x Sales Tax Rate Note - Sales Tax Rate With Reference To 2023 Is 18%
  • 60. CUSTOMS DUTY • Customs Duty is a type of indirect tax levied on goods imported into India as well as on goods exported from India. • It also known as import duty or tariff • Import of goods means bringing into India of goods from a place outside India. • Export of goods means taking goods out of India to a place outside India. • It is designed to protect domestic industries, regulate trade, and generate revenue for the government.
  • 61. • In India, the basic law for levy and collection of customs duty is Customs Act, 1962. • It provides for levy and collection of duty on imports and exports, procedures. prohibitions on importation and exportation of goods, penalties, offences, etc. • The customs duty is usually calculated as a percentage of the value of the imported goods, although specific duty rates may apply to certain products. • The customs duty rates can vary widely depending on factors such as the type of goods, their country of origin, and any trade agreements or preferential treatments in place between countries. • Customs duties are typically collected by customs authorities at the point of entry into a country.
  • 62. TYPES OF CUSTOMS DUTY Basic Customs Duty • It is levied on imported goods and is calculated on the assessable value of the goods. Additional Customs Duty or Special CVD • An Additional Customs or Special Countervailing Duty is imposed on imported goods to equalize imports with local and domestic taxes. This brings imports in India on an equal level with the goods manufactured and produced within the country. Countervailing Duty (CVD) • It is imposed on imported goods to counterbalance the excise duty imposed on similar goods produced domestically
  • 63. Anti-Dumping Duty • An Anti-Dumping Duty is a tariff that a government imposes on imports that are priced below fair market value. Protective Duty • Protective Duties is imposed to protect the domestic or local industry against imports at a rate recommended by the Tariff Commissioner. National Calamity Contingent Duty (NCCD) • The National Calamity Contingent Duty is usually levied on tobacco, pan masala and similar products, which can harm human health. The tax rate can vary from 10% to 45% based on different factors. Safeguard Duty • The Safeguard Duty is levied to ensure no domestic industries in India are harmed by external forces. It is calculated according to the loss suffered by local industries.
  • 65. ENTERTAINMENT TAX Entertainment tax, also known as an Amusement tax or Show tax, is a form of taxation levied by some state governments in India on various forms of entertainment and recreational activities. may cover a wide range of entertainment activities, including: 1. Cinema and Movie Tickets 2. Cultural and Sporting Events 3. Amusement Parks and Theme Parks 4. Clubs and Pubs 5. Online Streaming Services 6. Horse Racing and Betting
  • 66. TAXATION AUTHORITIES In India, taxation is governed by various authorities at different levels of government. Here are the primary taxation authorities in India: 1. Central Board of Direct Taxes (CBDT): CBDT is responsible for administering and regulating direct taxes, including income tax. It operates under the Department of Revenue, Ministry of Finance. 2. Central Board of Indirect Taxes and Customs (CBIC): CBIC oversees the administration of indirect taxes, such as Goods and Services Tax (GST), customs duties, excise duties, and service tax. It also falls under the Department of Revenue, Ministry of Finance.
  • 67. 3. Goods and Services Tax Council (GST Council): The GST Council is a federal body comprising representatives from the central and state governments. It is responsible for making recommendations on GST rates, exemptions, and other related matters. 4. State Tax Departments: Each state in India has its own tax department responsible for administering and collecting state-specific taxes, such as Value Added Tax (VAT), State Goods and Services Tax (SGST), and Professional Tax. 5. Municipal Corporations: Local municipal corporations or authorities are responsible for levying and collecting property tax, which is a local tax on immovable properties within their jurisdiction.
  • 68. TAX EVASION TAX EVASION – • Tax evasion refers to the illegal act Of intentionally avoiding paying taxes by misreporting or concealing income. TYPES OF TAX EVASION: 1) Exaggerate expenses or claim excessive exemptions. 2) Underreporting income 3) Maintaining bank account outside India 4) Falsifying financial statements 5) Bribing tax officials 6) Smuggling
  • 69. PENALTIES • Failure to comply with the provisions relating to PAN: If a person fails to comply with the provisions relating to Permanent Account Number (PAN) penalty up to ₹ 10,000 shall be imposed. • Revocation of Business Licenses: Businesses that engage in tax evasion can face the revocation of their licenses. • For not filing GSTR: Penalty will be 10% of the tax due or₹ 10,000 whichever is higher. • Penalty for Filing Inaccurate Information - Providing inaccurate information on your tax return can lead to a penalty of ₹ 10,000 under the Income Tax Act • Penalty for not registering under GST - Penalty will be 100% of the tax due or ₹ 10,000 whichever is higher.
  • 70. • Forfeiture of Security Bonds: Importers and exporters often provide security bonds as a guarantee for compliance. Customs authorities can forfeit these bonds in the case of violations. • Non-Compliance with Reporting Requirements by corporates: Failure to comply with reporting requirements, such as disclosing related-party transactions, may lead to penalties.
  • 71. REFERENCES o https://www.policybazaar.com/tax/ o https://groww.in/p/tax o https://unacademy.com/content/kerala-psc/study-material/finance/indian-tax- system-a-three-tier-federal-structure o https://unacademy.com/content/bank-exam/study-material/general- awareness/what-is-the-history-of-taxation-in- o https://cleartax.in/s/income-tax-slabs o https://cleartax.in/s/section-171-definition-of-salary-under-the-income-tax-act
  • 72. Thank You….! Presented By – Mohammed Hizer Bin Aslam Adithya U K Sanika Vivek Shifa Akhtar GROUP - 5