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        Individual, HUF, association of persons, body of individuals, artificial juridical person. [Rates for deduction of income-tax at source (TDS) from “Salaries”, computation of “advance tax” during the FY 2024-25 (Assessment Year 2025-26)]

        24 July, 2024

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        Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

        With effect from assessment year 2025-26, it is proposed that the following rates provided under the proposed clause (ii) of sub-section (1A) of section 115BAC of the Act shall be the rates applicable for determining the income-tax payable in respect of the total income of a person, being an individual or Hindu undivided family or association of persons [other than a co-operative society], or body of individuals, whether incorporated or not, or an artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2:—

        Sl. No.

        Total income

        Rate of tax

        (1)

        (2)

        (3)

        1.

        Upto Rs. 3,00,000

        Nil

        2.

        From Rs. 3,00,001 to Rs. 7,00,000

        5%

        3.

        From Rs. 7,00,001 to Rs. 10,00,000

        10%

        4.

        From Rs. 10,00,001 to Rs. 12,00,000

        15%

        5.

        From Rs. 12,00,001 to Rs. 15,00,000

        20%

        6.

        Above Rs. 15,00,000

        30%

        2. However, if such person exercises the option under sub-section (6) of section 115BAC of the Act, the rates as provided in Part III of the First Schedule shall be applicable.

        3. Paragraph A of Part-III of First Schedule to the Bill provides following rates of income-tax:—

        (i) The rates of income-tax in the case of every individual (other than those mentioned in (ii) and (iii) below) or HUF or every association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Act (not being a case to which any other Paragraph of Part III applies) are as under:—

        Upto Rs. 2,50,000

        Nil.

        Rs. 2,50,001 to Rs. 5,00,000

        5%

        Rs. 5,00,001 to Rs. 10,00,000

        20%

        Above Rs. 10,00,000

        30%

        (ii) In the case of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty years at any time during the previous year,—

        Upto Rs. 3,00,000

        Nil.

        Rs. 3,00,001 to Rs. 5,00,000

        5%

        Rs. 5,00,001 to Rs. 10,00,000

        20%

        Above Rs. 10,00,000

        30%

        (iii) in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year,—

        Upto Rs. 5,00,000

        Nil.

        Rs. 5,00,001 to Rs. 10,00,000

        20%

        Above Rs. 10,00,000

        30%

        4. The amount of income-tax computed in accordance with the preceding provisions of this Paragraph (including capital gains under section 111A, 112 and 112A), shall be increased by a surcharge at the rate of,—

        (a) having a total income (including the income by way of dividend or income under the provisions of sections 111A, 112 and 112A of the Act) exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of 10% of such income-tax;

        (b) having a total income (including the income by way of dividend or income under the provisions of sections 111A, 112 and 112A of the Act) exceeding one crore rupees, at the rate of 15% of such income-tax;

        (c) having a total income (excluding the income by way of dividend or income under the provisions of sections 111A, 112 and 112A of the Act) exceeding two crore rupees but not exceeding five crore rupees, at the rate of 25% of such income-tax;

        (d) having a total income (excluding the income by way of dividend or income under the provisions of sections 111A, 112 and 112A of the Act) exceeding five crore rupees, at the rate of 37% of such income-tax;

        (e) having a total income (including the income by way of dividend or income under the provisions of section 111A, 112 and section 112A of the Act) exceeding two crore rupees, but is not covered under clauses (c) and (d), shall be applicable at the rate of 15% of such income-tax.

        4.1 Provided that in case where the total income includes any income by way of dividend or income chargeable under section 111A, section 112 and section 112A of the Act, the rate of surcharge on the amount of income-tax computed in respect of that part of income shall not exceed 15%.

        4.2 Provided further that in case of an association of persons consisting of only companies as its members, the rate of surcharge on the amount of income-tax shall not exceed 15%.

        4.3 Further, for person whose income is chargeable to tax under sub-section (1A) of section115BAC of the Act, the surcharge at the rate 37% on the income or aggregate of income of such person (excluding the income by way of dividend or income under the provisions of sections 111A, 112 and 112A of the Act) exceeding five crore rupees shall not be applicable. In such cases the surcharge shall be restricted to 25%.

        5. Marginal relief is provided in cases of surcharge.

        [Clauses 2, 37 & the First Schedule]


        Full Text:

        Union Budget 2024-25 (Full) + FINANCE (No.2) Bill, 2024

        Concessional tax regime rates set with graduated slabs and capped surcharge for high income taxpayers under new proposal. A concessional tax regime under proposed clause (ii) of sub section (1A) of section 115BAC will apply to individuals, HUFs, AOPs, BOIs and certain artificial juridical persons from assessment year 2025 26, prescribing graded tax rates by income band; an opt out under sub section (6) of section 115BAC makes Part III of the First Schedule applicable. Part III also provides age based higher exempt thresholds for resident senior and super senior citizens and includes capital gains under sections 111A, 112 and 112A in taxable income. Surcharge rates rise with income but are subject to caps, specific restrictions for dividend and specified incomes, limits for associations of companies, a reduced cap for persons under sub section (1A) of section 115BAC, and marginal relief at thresholds.
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Concessional tax regime rates set with graduated slabs and capped surcharge for high income taxpayers under new proposal.

                            A concessional tax regime under proposed clause (ii) of sub section (1A) of section 115BAC will apply to individuals, HUFs, AOPs, BOIs and certain artificial juridical persons from assessment year 2025 26, prescribing graded tax rates by income band; an opt out under sub section (6) of section 115BAC makes Part III of the First Schedule applicable. Part III also provides age based higher exempt thresholds for resident senior and super senior citizens and includes capital gains under sections 111A, 112 and 112A in taxable income. Surcharge rates rise with income but are subject to caps, specific restrictions for dividend and specified incomes, limits for associations of companies, a reduced cap for persons under sub section (1A) of section 115BAC, and marginal relief at thresholds.





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