A B C OF INDIAN TAXATION SYSTEM For

A B C OF INDIAN TAXATION SYSTEM For INDIVIDUALS Ajay Garg & Associates, House No. 970 Sector 21 D, Faridabad, Haryana

"It was only for the good of his subjects that he collected taxes from them, just as the Sun draws moisture from the Earth to give it back a thousand fold" -Kalidas in Raghuvansh eulogizing KING DALIP. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Ancient India-Taxation System l In India, the system of direct taxation as it is known today has been in force in one form or another even from ancient times. l However, it is Kautilya’s Arthashastra, which deals with the system of taxation in elaborate and planned manner. l Collection of Income-tax was well organised and it constituted a major part of the revenue of the State. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

According to Kautilya "From the treasury, comes the power of the Government. And the Additional Earth is acquired by means of the Treasury and Army" Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

INDIAN CONSTITUTION AND TAXATION (Art. 265) TAXATION SYSTEM UNION LIST RESIDUARY LIST CENTRAL GOVT. CONCURRENT LIST BOTH GOVERNMENTS CAN MAKE LAWS FOR MATTERS IN THIS LIST Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana STATE LIST STATE GOVT.

Central Government -Taxation System l The present day mechanism of Taxation in the CG is governed primarily through Ministry of Finance l. A complete hierarchy has been built up under this Ministry for the smooth functioning of the System keeping in view the size of Population of the Country. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Central Government and Taxation System TAXATION SYSTEM DIRECT TAXES INDIRECT TAXES Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Hierarchy under Mo. F MINISTRY OF FINANCE DEPARTMENT OF REVENUE CBDT INCOME TAX CBEC WEALTH TAX CUSTOMS CENTRAL EXCISE Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana SERVICE TAX

TAXES UNDER UNION LIST l Taxes on Income other than Agri. Income. l Corporation Tax l Wealth Tax l Gift Tax Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

TAXES UNDER UNION LIST l Customs duties on import & export l Excise except on alcoholic liquor l Stamp duty in respect of Share Transfer l Terminal Taxes on goods or passengers l Central Sales Tax. l Service Tax Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

DIRECT TAXES l For a layman, Direct Taxes are synonymous with Income Tax. l But along with Income-Tax, the purview of Direct Taxes also includes Wealth-Tax (earlier Gift tax was also levied). l In India these taxes are handled by CBDT with its numerous Field Offices and Directorate Generals. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Incidence of tax Depend upon residential status Residential status can be Resident Individual Non-Resident Ordinary Resident Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

INCOME TAX l Individuals can be categorized as follows: l Salaried Individuals l Non- salaried Individuals l For Salaried Individuals, Income usually include: l Salary and other emoluments and payments in relation thereof including Pensions, l Rent recd. From letting out house Property, l Capital Gains from sale of assets, shares l Dividend received from shares purchased, etc. l For Non salaried Individuals, As an Individual, we are usually concerned with: l Professional Income of Petty Shopkeepers. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Securities Transaction Tax l On transactions in equity shares, derivatives and units of equity-oriented funds l Rate of tax are: l Delivery base transactions – 0. 075% l Non-delivery base transactions – 0. 015% l Sale of units to seller mutual fund – 0. 15% l Derivatives (futures and options ) – 0. 01% Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

CAPITAL GAINS l Capital Gain is a Profit/ Gain on transfer of capital assets. l Both STCG and LTCG can be exempted (Applicable sections- 54 to 54 GA) l Indexation of Costs is something we tend to ignore while calculating profits. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

CAPITAL GAINS l A short term capital loss and a long term capital loss can be set off only against STCG & LTCG and LTCG respectively. l Both losses can be carried forward upto 8 assessment years only when return of loss is filed. l These losses should be accounted judiciously so as to save the amount of tax which may be levied at a later date. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Some finer points for salaried individuals l It should be ensured that, under the terms of employment, DA and DP form part of Basic Salary. Tax Incidence on HRA, gratuity etc. will be minimum. l Commutation of pension is another option. l Incidence of Tax on retirement benefits is lower if paid in the beginning of the year. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Some finer points for salaried individuals l LTC should be availed to the max. possible extent. l It is advantageous if an employee goes in for perquisites rather than taxable allowances. E. g. Rent Free Accommodation. l If someone is neither getting HRA nor rent-free furnished or unfurnished accommodation then one claim deduction under section 80 GG for rent paid. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Some other finer points for salaried individuals l Employees should avoid advance salary l If an individual is employed and his spouse owns a house, he can avail HRA and pay rental to spouse l Instead of getting a consolidated salary, split. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana it must be

TAX PLANNING TIPS l Make maximum of your family members, assessee, preferably women and senior citizens. l Invest in Shares of Cos. & Mutual Funds - Income thereon is fully exempt. l Invest in long-term saving schemes specified u/s 80 C and 80 CCC. l Investment in notified Govt. Schemes such as PPF, Tax Free Bonds of Public sector companies like NTPC, NPC, IRFC, etc. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

NON SALARIED INDIVIDUALS l Preparation of books of accounts when total gross receipt exceeds Rs. 150000 (specified professions) or Rs. 10 lacs (other professions and business) or Income of Rs. 120000/- l Audit of Accounts is not required for persons if their gross receipts do not exceed Rs. 40 lacs (in case of business) or Rs. 10 lacs (in case of professionals). Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

WEALTH TAX l Individuals having Net wealth exceeding Rs. 15 Lakh as on valuation date, is liable to the provisions of Wealth Tax. l Net wealth is aggregate of the value of all the assets “belonging to” the assessee on the Valuation date, as reduced by the aggregate value of the debts/ liabilities owed on the valuation date, or l Net wealth=Assets-Liabilities. l Due date of Filing return 31 st July. l The Rate of tax levied under this Act is 1% of the Net Wealth exceeding Rs. 15 lacs. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

STATEMENT OF ASSETS l Assets l Guest House. l Residential House. l Motor Cars. l Jewellery, bullion & furniture, utensils. l Yachts, boats. l Urban land. l Cash in hand> Rs. 50000. l Assets do not include: l House for residential purposes. l Jewellery, bullion used as stock-in-trade. l Urban land on which construction is not permissible. l Urban land held as stockin-trade. l Yachts, boats & aircrafts used in commercial purposes. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Some tax planning measures l Invest in taxable assets out of borrowed funds l The exemptions u/s 5 should be availed of l Should not maintain cash in excess of Rs. 50, 000 Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

SERVICE TAX l Service Tax derives its powers from Chapter V of Finance Act, 1994 but doesn’t extend to J&K l Service Tax is levied on specified taxable services l We are the real bearers of the burden of this tax l Service Tax is charged - @ 12% with Edu. Cess @ 3%. l Around 110 services are at present covered under the purview of Service Tax Act. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

OVERVIEW OF SERVICES COVERED Stock Broker Management Consultant l l l l Stock Broker Insurance Agent Advertisement Agency Courier agency CHA, CFA Air Travel Agent Mandap Keeper Tour Operator Rent-a-cab Service Architect, Interior Decorator Real estate Agent Aircraft Operator Goods Transport Agency Intellectual Property Service Health Clubs Event Management l l l l Management Consultant Practising Chartered Accountant Practising Company Secretary Practising Cost Accountant Credit Rating Agency Underwriting Agency Mkt. Research Agency Photography Studio Broadcasting Agency Beauty Parlour Cargo Handling Agency Commercial Training/ Coaching Transporters Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

SCOPE OF SERVICE TAX l Service Tax has proved to be a great source of revenue to the Government of the country. l This Tax is covered under the purview of CBEC (Central Board of Excise & Customs). l Each person who is a service provider is to get registered for which various Forms have been designed and in certain cases service receiver. l Thus, it can be concluded that though being indirect tax, yet the payment is to be made by individuals. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

TDS- TAX DEDUCTED AT SOURCE l Provisions are contained in sections 192 to 196 D of the Income Tax Act, 1961 l Payee-assessee is entitled to get credit for tax deducted at source. l He can claim credit in the Assessment Year for which such income is assessable on production of TDS certificate issued to him by the payer. l Assessee is entitled for refund of the excess if the net tax payable is less than TDS and/ or Advance Tax. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

CENTRAL EXCISE & CUSTOMS l Both are indirect taxes which fall under the purview of the Central Government. l Where Central Excise is levied on items produced in India, Customs Duty is one which is levied on the goods imported or exported from India. l Now, in context of individuals, knowingly or unknowingly we pay Excise along with the price of goods bought. l Many a times do we use Imported goods, the value of goods already includes the customs duty paid for it earlier by the importer. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

STAMP DUTY l Parliament can make law in respect of Stamp Duty. It can prescribe rates of stamp duty. l The stamp duty rates prescribed by Parliament in respect of bill of exchange, cheques, transfer of shares etc. will prevail all over India. l However, other stamp duty rates prescribed by Parliament in Indian Stamp Act, 1899 (e. g. stamp duty on agreements, affidavit, articles of association of a company, partnership deed, lease deed, mortgage, power of attorney, security bond etc. ) are valid only for Union territories. l In case of States, the rates prescribed by individual States will prevail in those States. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

SALES TAX l A sales tax is a consumption tax charged at the point of purchase for certain goods and services. l The tax is usually set as a percentage by the government charging the tax. There is usually a list of exemptions. l The tax can be included in the price (tax-inclusive) or added at the point of sale (tax-exclusive). l Most sales taxes are collected by the seller, who pays the tax over to the government which charges the tax. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

BURDEN OF SALES TAX l The economic burden of the tax usually falls on the purchaser, but in some circumstances may fall on the seller. l Sales taxes are commonly charged on sales of goods, but many sales taxes are also charged on sales of services. l Ideally, a sales tax - is fair, has a high compliance rate, is difficult to avoid. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

TAXES UNDER THE STATE LIST l Taxes on Agricultural Income – Not imposed till date l Taxes on Land Buildings l Toll Tax – State and NHAI l Tax on Profession and Employment-Nobody pays l Tax on Luxuries – Entertainment-Everybody pays. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Other Taxes under the purview of State Government l State Sales Tax l Excise duty on alcoholic liquor for human consumption Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

STAMP DUTY l State Government has powers to fix stamp duties on all documents except bill of exchange, cheques etc. l Rates prescribed by State Government will prevail in that State Government can make law for other aspects of stamp duty also (i. e. matters other than quantum of duty). l However, if there is conflict between State law and Union law, the Union law prevails. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

STAMP DUTY l In case of sale, mortgage or settlement, if there are several instruments for one transaction, stamp duty is payable only on one instrument. l However, it may happen that one instrument covering only one matter can come under more than one description given in Schedule to Stamp Act. In such case, highest rate specified among the different heads will prevail. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

VAT- MODERN SALES TAX l VAT is a system, in which tax is charged on all sales, thus avoiding the need for a system of resale certificates. l Tax cascading is avoided by permitting the seller to remit to the government only the difference between the tax charged to the purchaser and the tax paid by the seller to its suppliers (the "value added"). Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

VAT- MODERN SALES TAX l Apart from all these benefits, the main advantage of VAT is that the overall burden of Tax is low. l VAT affects the Individuals indirectly. The product which we purchase, and the price which we pay for it already includes the tax paid by the seller, in it. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

HOUSE TAX l House tax is a tax that an owner of property (usually real estate) is liable to pay. l The amount of tax is estimated on the value of the property being taxed (advalorem tax). l House Tax - is levied on residents by local municipal authorities to upkeep the basic civic services in the city. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

INDIAN HOUSE TAX l In India, the actual owners of property are liable to pay municipal taxes which is in contrast to that in the United Kingdom, where the tenant is liable to do so. l Generally, the property tax is levied on the basis of reasonable rent at which the tax payer can claim his ownership rights over the property. l Property tax in India is paid on a year to year basis. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

ROAD TAX l Road tax, as the name suggests, is a tax paid by the persons using the Roads by way of their vehicles. l So, practically, each one of us is liable to pay this tax. l But do we really or every year pay it every month, every quarter l Well, your answer would definitely be ‘NO’. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

ROAD TAX l The Government is charging Road Tax At the time of Registration of Vehicle “one time tax”. l Road Tax is also charged in “Petrol Value” l Road tax is also charged on highways in the shape of “Toll tax”. Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

Impact of indirect taxes l Directly affects the consumers l Higher the taxes higher the burden l No distinction between rich and poor Ajay Garg & Associates, House No. 970 Sector- 21 D, Faridabad, Haryana

AJAY GARG & ASSOCIATES Company Secretaries 9 7 0, S E CT O R 2 1 D, F A R I D A B A D CONTACT NO. 9811386723 E-mail address: ajagrg 24@airtelmil. in gargajay 24@yahoo. co. in