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    ManualsIncome Tax
    How Much Time Revised Return Can Be Revised?
    ManualsIncome Tax
    Can Revised Return Substitute Original Return?
    ManualsIncome Tax
    Is It Possible To File Auditor Report With Revised Return?
    ManualsIncome Tax
    Whether Assessment Made Under Section 143(1) Would Be Considered as Assessment For Revised Return?
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    Example: 2) X gets a gift of 43,000 from C, who is cousin of his father and he also gets a gift of 2...
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    Example: 1) X purchases a house property situated in Nagpur from A on 31st March, 2013. The purchase...
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    Example:- Loan Taken on 01-05-2006 of ₹ 5,00,000. Construction ends on 07-09-2012. Rate of int...
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    Example: 4) The details of House property are as follows: Municipal value: 80,000, Fair rent: 78,00...
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    Example: 3) The details of House property are as follows: Municipal value: 60,000, Fair rent: 65,00...
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    Example: 2) The details of House property are as follows: Municipal value: 60,000, Fair rent: 68,00...
    ManualsIncome Tax
    Example: 1)The details of House property are as follows: Municipal value: 60,000, Fair rent: 68,000...
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    Mr. Ram annually earns ₹ 3,00,000 (after all deductions) and pays an annual rent of ₹ 1,...
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    ManualsIncome Tax
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    ManualsIncome Tax
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    Revised return can be filed multiple times within the limitation period when omissions or errors are discovered in the original filing.
    An assessee may file a revised return multiple times so long as each revision is within the applicable limitation period and corrects an omission or wrong statement discovered in the earlier return, permitting successive amendments prior to expiry of the statutory time bar.
    ManualsIncome Tax
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    Revised return substitutes the original return, while mere corrections leave the original filing intact for assessment.
    A validly filed revised return withdraws and substitutes the original return for assessment purposes; corrections or amendments made to a filed return without filing a revised return do not change the filing's character and therefore do not effect such substitution.
    ManualsIncome Tax
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    Auditor's report: may be filed with a revised return to rectify omission from the original tax return.
    Where an assessee obliged to furnish an auditor's report with its income tax return fails to submit it with the original filing, the auditor's report may be furnished subsequently with the revised return, permitting rectification of that omission under the return amendment regime.
    ManualsIncome Tax
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    Assessment under section 143(1) not an assessment; revised return filed after intimation remains valid for consideration.
    An intimation issued under section 143(1) is procedural and does not constitute a formal assessment; therefore a revised return filed after such an intimation but within the statutory period must be treated as duly filed and considered by the Assessing Officer.
    ManualsIncome Tax
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    Share premium taxation under Section 56(2)(viib): excess consideration over fair market value is taxable on closely held companies.
    Taxability of share premium for a closely held company turns on whether consideration per share exceeds fair market value; if FMV exceeds consideration (FMV 42, consideration 40) no tax arises, whereas if consideration exceeds FMV (consideration 40, FMV 31) the excess per share (9) is taxable under the provision governing share premium receipts.
    ManualsIncome Tax
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    Taxability of discounted transfers to closely held companies: listed company shares are excluded from gift inclusion, so not taxable.
    Receipt of listed public company shares by a closely held company for consideration below fair market value does not attract tax under the provision addressing gifts to firms and closely held companies, because shares of a listed company are excluded from that inclusion and therefore are not characterized as taxable income from other sources under that rule.
    ManualsIncome Tax
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    Taxability of gifts: transfers from a partnership firm to an individual are taxable when the firm is not a relative.
    A gift of immovable property from a partnership firm to an individual is taxable under the gift provisions because a partnership firm is not a "relative" even if the partners are relatives; the stamp duty valuation of the plot is noted for valuation reference.
    ManualsIncome Tax
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    Taxability of gifts: gifts received from non-relatives are taxable under the gifts provision, not excluded as relative transfers.
    Gifts received by an individual or HUF from persons who do not qualify as "relatives" are taxable as income from other sources; in the example, gifts from a father's cousin and from the recipient's grandfather's elder brother are excluded from the relative exemption and the aggregate amount received from those non-relatives is taxable.
    ManualsIncome Tax
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    Gift taxation: stamp duty valuation excess over purchase price becomes taxable from the amendment's effective date under income rules.
    The amendment taxes, as Income from Other Sources, the difference between stamp duty value and actual purchase price where consideration is below stamp duty valuation, applying only from the amendment's effective date; transactions concluded prior to that date are not subject to this valuation-based charge.
    ManualsIncome Tax
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    Pre-construction interest deduction allows spreading pre-acquisition interest across subsequent assessment years, with current-year interest treated separately.
    Pre-construction interest under Sec. 24 is computed for the period from loan drawal to the day before completion; the total pre-construction interest (here computed as principal x months x rate) is capitalised and apportioned equally across the prescribed subsequent assessment years as the annual deduction. Interest accruing in the fiscal year of completion is allowed in that year and amounts accruing between the fiscal year start and actual completion date are excluded from the pre-construction spread.
    ManualsIncome Tax
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    Gross Annual Value calculation: vacancy adjustment reduces taxable house property value under applicable law provision.
    Annual Lettable Value is the higher of Municipal Value or Fair Rent but capped by Standard Rent, fixed here at 80,000. Annual receipts excluding unrealised rent are 54,000. Deducting vacancy loss of 18,000 from the Annual Lettable Value produces a Gross Annual Value of 62,000 as the taxable base for house property income.
    ManualsIncome Tax
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    Gross Annual Value under Section 23 caps assessed value at standard rent; vacancy adjustment affects the GAV calculation.
    Gross Annual Value under Section 23 applies the higher of municipal value or fair rent but not exceeding standard rent (63,000) as the Actual Lettable Value; after excluding unrealised rent and adjusting for vacancy, the Annual Rent Receivable is 42,000, taken as the Gross Annual Value under the cited provision.
    ManualsIncome Tax
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    Gross Annual Value rule for house property: higher of municipal or fair rent subject to standard rent cap.
    Determination of Gross Annual Value requires taking the higher of municipal value or fair rent as the annual lettable value, provided it does not exceed the standard rent; the Gross Annual Value is then the greater of this lettable value and the actual annual rent received excluding unrealised rent.
    ManualsIncome Tax
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    Gross Annual Value rule: ALV equals the higher of municipal value or fair rent but capped at standard rent.
    Annual Letting Value (ALV) is the higher of municipal value and fair rent but capped at the standard rent; with municipal value 60,000, fair rent 68,000 and standard rent 62,000 the ALV (and Gross Annual Value under the cited clause) is 62,000. Annual rent received excluding unrealised rent is 60,000, which is recorded separately from the statutory ALV used to determine Gross Annual Value.
    ManualsIncome Tax
    Show AI Summary
    Building and land appurtenant defined: includes residential and commercial structures and adjoining land like gardens.
    For house property chargeability, building includes residential, factory, office, shop, godown and other commercial premises, while land appurtenant means land connected with the building such as gardens and garages, establishing which assets constitute house property for income assessment.
    ManualsIncome Tax
    Show AI Summary
    Deduction under Section 80GG determined as the least of three statutory measures; example illustrates rent-based cap applies.
    Deduction under Section 80GG is the least of: (1) Rs. 2,000 per month (Rs. 24,000 per annum); (2) rent paid less 10% of total income; and (3) 25% of total income. In the supplied example with total income of Rs. 3,00,000 and rent paid Rs. 1,50,000, the three measures are Rs. 24,000; Rs. 1,20,000; and Rs. 75,000 respectively, so Rs. 24,000 is the allowable deduction under the prescribed formula.
    ManualsIncome Tax
    Show AI Summary
    Deduction under 80G requires a stamped receipt showing the trust's registration number and valid registration on donation date.
    Deduction u/s. 80G requires a stamped receipt evidencing the donation that records the trust's registration number for 80G, and the trust's registration must be valid on the date the donation is made; lacking validity or the registration number on the receipt affects entitlement to the deduction.
    ManualsIncome Tax
    Show AI Summary
    Donation deduction eligibility: employer certificate confirming salary deduction enables employee claim of 80G deduction on donations.
    Employees may claim a deduction under 80G where the employer provides a certificate stating the contribution was made from the employee's salary account; that employer statement operates as the operative documentary basis for the employee's deduction claim even if the donation receipt is in the employer's name.
    ManualsIncome Tax
    Show AI Summary
    Deductibility of donations: eligibility hinges on whether the recipient trust meets qualifying donee and compliance requirements.
    Whether donations to foreign trusts qualify for deduction under section 80G is a focused eligibility question hinging on whether the recipient trust is a qualifying donee and whether its registration, recognition, domicile or jurisdictional status and accompanying documentary proof and procedural compliance satisfy the statutory conditions for claiming a deduction.
    ManualsIncome Tax
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    Deduction for specified diseases: treatment costs for listed serious neurological, oncological, renal and hematological ailments qualify.
    Deduction for medical treatment is available for specified diseases and ailments: neurological disorders (including certified disability of 40% or above, dementia, dystonia musculorum deformans, motor neuron disease, ataxia, chorea, hemiballismus, aphasia, Parkinson's), malignant cancers, full blown AIDS, chronic renal failure, and hematological disorders such as hemophilia and thalassaemia.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

      3 February, 2020

      Contents
      Plus +
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      Budget 2020-21 + FINANCE BILL, 2020

      S.No

      Heading, sub-heading, tariff item

      Commodity

      From

      To

       

       

      Animals

       

       

      1.

      0101 21 00

      Pure-bred breeding horses

      30%

      Nil

       

       

      Fuels, Chemicals and Plastics

       

       

      2.

      27

      Very low Sulphur fuel oil meeting ISO 8217:2017 RMG380 Viscosity in 220-400 CST standards/Marine Fuel 0.5% (FO), under the same conditions as available to IFO 180 CST and IFO 380 CST under entry at S. No. 139 of notification No. 50/2017-Customs dated 30.06.2017.

      10%

      Nil

      3.

      2713 12 10, 2713 1290

      Calcined Petroleum Coke

      10%

      7.5%

      4.

      2843

      Colloidal precious metals; compounds of precious metals; amalgams of precious metals

      7.5%

      10%

      5.

      2916 12 10

      Butyl Acrylate

      5%

      7.5%

      6.

      3907 99 90

      Polyester Liquid Crystal Polymers (LCP) for use in manufacture of connectors

      7.5%

       Nil

      7.

      3920 10 99

      Calendared plastic sheets for use in manufacturing of smart cards

      10%

      5%

       

       

      Paper Industry

       

       

      8.

      48

      a) Newsprint, if the importer, at the time of import is an establishment registered with the Registrar of Newspapers, India (RNI)

      b) Uncoated paper used for printing newspaper, if the importer, at the time of import' is an establishment registered with the Registrar of Newspapers, India (RNI)

      c) Lightweight coated paper used for printing magazines, subject to end-use conditions

      10%

      5%

       

       

      Sports Goods

       

       

      9.

      44

      List of items allowed duty free import up to 3% of FOB value of sports goods exported in the preceding financial year is being amended to include-Willow

      Applicable rate

      Nil

       

       

      Precious Stones and Metals

       

       

      10.

      7108

      Gold used in the manufacture of semiconductor devices or light emitting diodes

      Nil

      12.5%

      11.

      7103

      Rubies, emeralds, sapphires - unset and imported uncut

      Nil

      0.5%

      12.

      7103

      Rough coloured gemstones

      Nil

      0.5%

      13.

      7103

      Rough semi-precious stones

      Nil

      0.5%

      14.

      7103

      Pre-forms of precious and semi-precious stones

      Nil

      0.5%

      15.

      7104

      Rough synthetic gemstones

      Nil

      0.5%

      16.

      7104

      Rough cubic zirconia

      Nil

      0.5%

      17.

      7104

      Polished Cubic Zirconia

      5%

      7.5%

      18.

      7110

      Platinum or Palladium used in manufacture of-.

      a) All goods, including Noble Metal Compounds and Noble Metal Solutions [2843]

      b) Catalyst with precious metal or precious metal compounds as the active substance [3815 12]

      12.5%

      7.5%

      19.

      7112

      Spent Catalyst/Ash containing precious metal like gold from which such precious metal is retrieved subject to specified conditions.

      12.5%

      11.85%

       

       

      Machinery

       

       

      20.

      84

      Goods specified in List 10 of Notification No. 50/2017-Customs dated 30.62017, required for use in high voltage power transmission project

      5%

      7.5%

      21.

      8432 80 20

      Rotary tillers/weeder

      2.5%

      7.5%

      22.

      84 or any other Chapter

      Goods specified in List 14 of Notification No. 50/2017 - Customs dated 30.6.2017, required for construction of road like paver finisher, machines for filling up cracks in roads, mobile bridge inspection units etc.

      Nil

      Applicable BCD

      23.

      8501

      Motors like Single Phase AC motors, Stepper motors, Wiper Motors etc.

      7.5%

      10%

       

       

      Electronic goods, parts thereof

       

       

      24.

      74

      Copper and articles thereof used in manufacturing of specified electronic items

      Nil

      Applicable BCD

      25.

      8504 40

      Specified Chargers and power adapters

      Applicable BCD

      20%

      26.

      8517 70 10

      PCBA of Cellular mobile phones (with effect from 01.04.2020)

      10%

      20%

      27.

      8517 70 90

      Fingerprint readers/scanner, for use in Cellular mobile phones

      Nil

      15%

      28.

      8517 70 90

      Vibrator/Ringer of Cellular mobile phones(with effect from 01.10.2020)

      Nil

      10%

      29.

      8517 70 90

      Display Panel and Touch Assembly of Cellular mobile phones (with effect from 01.10.2020)

      Nil

      10%

      30.

      8518 30 00

      Headphones and Earphones

      Applicable BCD

      15%

      31.

      8518 90 00

      Following parts of Microphone for use in manufacture of Microphone namely,

      a) microphone cartridge

      b) microphone holder

      c) microphone grill

      d) microphone body

      10%

      Nil

      32.

      8538

      Micro-fuse base, sub-miniature fuse base, Micro-fuse Cover and sub-miniature fuse cover for use in manufacture of micro fuse and sub-miniature fuse.

      7.5%

      Nil

       

       

      Automobile and automobile parts

       

       

      33.

      2843

      Noble metal solutions and noble metal compounds used in manufacture of catalytic converter and their parts

      5%

      10%

      34.

      7110

      Platinum or Palladium used in manufacturing of catalytic converter and their parts

      5%

      Applicable BCD

      35.

      84 or any other Chapter

      (A) Parts of catalytic converter tor manufacture of catalytic converters.

      (B) The following goods for use in the manufacture of catalytic converters and its parts, namely: -

      (i) Raw substrates (ceramics)

      (ii) Wash coated substrates (ceramics)

      (iii) Raw substrates (metal)

      (iv) Wash coated substrates (metal)

      (v) Stainless steel wire cloth stripe

      (vi) Wash coat

      5%

      7.5%

      36.

      8702, 8704

      Completely Built Units (CBUs) of commercial vehicles (other than electric vehicles) (with effect from 01.04.2020)

      30%

      40%

      37.

      8702, 8704

      Completely Built Units (CBUs) of commercial electric vehicles (with effect from 01.04.2020)

      25%

      40%

      38.

      8703

      Semi Knocked Down (SKD) forms of electric passenger vehicles (with effect from 01.04.2020)

      15%

      30%

      39.

      8702, 8704, 8711

      Semi Knocked Down (SKD) forms of electric vehicles- Bus, Trucks and Two wheelers (with effect from 01.04.2020)

      15%

      25%

      40.

      8702, 8703, 8704, 8711

      Completely Knocked Down (CKD) forms of electric vehicles - Passenger vehicles, Three wheelers, Two wheelers, Bus and Trucks (with effect from 01.04.2020)

      10%

      15%

       

       

      Defence sector

       

       

      41.

      73,84,85,87,88,89,90,93

      Exemption from import duty for specified military equipment, when imported by Defense PSUs and other PSUs for defence forces.

      As applicable

      Nil

       

       


      Full Text:

      Budget 2020-21 + FINANCE BILL, 2020

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      ActsIncome Tax