4 Unit 4 Direct Tax
4 Unit 4 Direct Tax
INCOME FROM H. P.
CAPITAL GAIN
OTHER SOURCES
Presented by
Prof. Mahendra Patel
INCOME FROM HOUSE
PROPERTY
After studying this unit, you would be able to –
•Comprehend when income is chargeable under the
head “Income from house property”.
•Appreciatethe meaning and tax treatment of
composite rent.
•Determineannual value of different categories of
house property.
•Compute income from house property for different
categories of house property.
•Comprehend and apply the tax treatment on
recovery of unrealized rent and arrears of rent.
•Compute income from co-owned property.
INCOME FROM HOUSE
PROPERTY
•Income from house Property ( Sec 22 to 27 )
1. Sec 22 & 23 – Income taxable under the
head and how it is calculated.
2. Section 24 – Deductions Allowed
3. Section 25 – Deductions which are not
allowed and taxable
4. Section 26 – Special treatment in case of co
– owners of the house.
5. Section 27 – Various Terms for this head of
income.
What is Income From House
Property
•Theannual value of a property, consisting of
any buildings or lands appurtenant thereto,
of which the assessee is the owner, is
chargeable to tax under the head ‘Income
from house property’.
•Buildings or lands appurtenant thereto
CHARGEABILITY [SECTION 22]
Presented by
Prof. Mahendra Patel
OBJECTIVE
Objective of this lesson is to understand the
meaning of capital asset, types of capital
asset, what is not capital asset,
computation of capital gain, types of
capital gains etc.
CAPITAL ASSET
Any income profit or gains arising from the
transfer of a capital asset is chargeable as
capital gains. Now let us understand the
meaning of capital asset.
•Amount of exemption
•Other points
Exemption (Capital Gain) under
section 54B
•Acapital gain arises from the transfer of agriculture
land (U/s 54B)
Conditions for exemption
•Amount of exemption
•Capital
gain or
•Amount invested in purchasing new agriculture land
WHICHEVER IS LOWER
•Other points
•Transfer
of new agricultural land
•Scheme of capital gain deposit
Exemption (Capital Gain) under
section 54D
•Acapital gain arises on the compulsory acquisition
of land, buildings, and part of industrial assets (U/s
54B)
•Conditions for exemption
•Any person can claim
•Capital gain arising on compulsory acquisition
belonging to the taxpayer
•It should be long/short-term assets
•The taxpayer used the assets within last three year
•Purchase of land or building or within 3 year
•Newly assets should be used
•Amount of exemption
•Other points
Exemption (Capital Gain) under
section 54D
•A capital gain arises on the compulsory
acquisition of land, buildings and part of
industrial assets (U/s 54B)
•Conditions for exemption
•Amount of exemption
•Capital
gain or
•Amount invested in purchasing new assets land
WHICHEVER IS LOWER
•AnOther points
•Transfer
of new assets
•Scheme of capital gain deposit
Exemption (A Capital Gain) under
section 54EC
•ACapital gain not to be charged on investment in
certain bonds (U/s 54B)
•Conditions for exemption
•Any person can claim
•Investment in specified assets (Bond issued by
NHAI and RECL-Rural Electrification Corporation
Limited)
•Long term assets
•Amount of exemption
•A Capital gain or
•Amount invested in purchasing new assets land
WHICHEVER IS LOWER
•Other points
•Transfer of new assets
Exemption (A Capital Gain) under
section 54F
•ACapital gain on the transfer of long term assets
other than House property (U/s 54F)
•Conditions for exemption
•Only individuals and HUF can claim
•A Capital gain arises on compulsory acquisition
belonging to the taxpayer
•It should be long/short-term assets
•Purchase of a new residential house within 2 years
•Construction of new residential house (Old or New)
within 3 year
•Not more than one residential house
•Amount of exemption
•Other points
Exemption (A Capital Gain) under
section 54D
•ACapital gain arises on compulsory acquisition of
land, building and part of industrial assets (U/s
54D)
•Conditions for exemption
•Amount of exemption
•Other points
•Transfer
of new assets
•Scheme of A Capital gain deposit
Exemption (A Capital Gain) under
section 54G
•ACapital gain on the transfer of assets in case of
industrial undertaking (U/s 54G)
•Conditions for exemption
• A Capital assets
•Transfer due to shifting industrial undertaking
•Has to purchase new assets like machinery, and plant
within 3year
•Acquire/ construct the building for industrial
undertaking
•Incurred expenses on another purpose
•Amount of exemption
•Other points
UNIT 4
INCOME FROM OTHER SOURCE
Presented by
Prof. Mahendra Patel
BASIS OF CHARGE [Sec 56(1)]
• An income shall be chargeable to income tax
under the head INCOME FROM OTHER SOURCES
if:
• Such income is not exempt under the provisions
of income tax act, 1961
• Such income is not chargeable to tax under any
first four head viz., Income from Salaries, Income
from House Property, Profit and Gain of Business
and Profession and Capital Gains.
• INCOME FROM OTHER SOURCES is therefore, a
residuary head of income.
Specific incomes chargeable under
the head income from other sources
[sec. 56(2)]
As per section 56(2) the following income are always
chargeable under the head income from other sources.
These are :
1. 1. Dividend except dividend received from domestic
companies(even if shares areheld a stock in trade).
2. Winning from lotteries, crossword puzzles, races including
horse races, card games and other games of any sort or
gambling or betting of any form or nature
whatsoever(even if derived as a regular business activity).
Relative means:
a) Spouse of the individual
b) Brother or sister of the individual
c) Brother or sister of spouse of the individual
d) Brother or sister of either of parents of the
individual
e) Any lineal ascendant or descendant of the
individual
f) Any lineal ascendant or descendant of spouse
of the individual
g) Spouse of the person referred to in clauses (ii)
to (vi)
QUESTION :
Following are the particulars of the income of R. Compute her
income under the head Income from Other Sources for the
assessment year 2011-2012:
1. Dividend received from an indian company Rs. 11,000
2. Winnings from lottery Rs. 70,000
3. Winning from card games(gross) Rs. 25,000
4. Interest received on Govt. Securities held as investments
Rs.14,000
5. Family pension received Rs.42,600
R incurred the following expenses:
6. Interest paid on amount borrowed for purchasing shares
Rs.7,000
7. Collection charges in respect of interest on govt. Securities
@2 ½% on amount received.
8. Purchased lottery tickets of Rs. 500.
COMPUTATION OF INCOME UNDER THE
HEAD “OTHER SOURCES”
Rs. Rs.
1. Dividend exempt
2. Interest on Govt. Securities 14,000
less: collection charges 350 13,650
3. Winning from lottery(70,000 x 100/70) 1,00,000
cost of tickets not deductible
4. Winnings from card games 25,000
5. Family pension 24,600
less: standard deduction 1/3 of 24,600
or Rs. 15000 whichever is less 8,200 16,400
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Income from other sources 1,55,050
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