Income is taxed under five heads of income namely:
• Income from salary
• Income
from house property
• Income from business and profession
• Income from capital
gains
• Income from other sources
Tax incidence on an assessee depends on his residential status. For instance,
any income that accrues to an individual outside India, shall be taxable in India
depending upon the residential status of the individual in India. Similarly, any
income earned by a foreign national in India is taxable in India, depending on the
residential status of the individual, rather than on his citizenship. Therefore,
the determination of the residential status of a person is very significant for
determining his tax liability
Broadly, the status of an individual may be that of a resident or a non-resident.
To be a resident of India, an individual has to satisfy one of the following conditions:
( He should be in India in the previous year for a period of 182 days or more.
“OR” (b) He should be in India for a period of 60 days or more during the previous
year and 365 days or more during 4 years immediately preceding the previous year.
Income generated under the head Income from Salary is taxable under this head
only if there is an Employer-Employee relationship between the assessee and the
source he is deriving the income from. Ordinary, the term “salary” is understood
to mean the periodical payment for services rendered by an employer. However, for
the purposes of tax, the following items are considered as “salary”: • Dearness
allowance • Bonus • Commission • Compensatory allowance • Any annuity or pension
• Any fees, commission, perquisite or profits in lieu of, or in addition to, any
salary or wages • Any advance of salary • Any payment received by an employer while
in service in respect of any period of leave not availed of by him • The portion
of the annual accretion in any previous year to the balance at the credit of an
employee participating in a recognized provident fund, consisting of employer’s
contribution in excess of 12% of the salary of an employee.
Income from House Property is the income derived as rent from any buildings or
lands appurtenant thereto. The gross annual value of the house property has to be
computed. From the gross annual value, a deduction of the payment of property tax
is allowed, to arrive at the net annual value (NAV). A mandatory deduction at the
rate of 30% of the net annual value and any interest on borrowed capital for purchase/construction
of the property is allowed as deduction from the NAV.
Under the head Business and Profession, revenue receipts which are generated
from the business or profession are computed. Any expenditure incurred wholly and
exclusively for the purpose of the business is allowed as a deduction. Any expenditure
in the nature of personal/capital expenditure is allowed. A few instances of such
allowable expenditure are salary, electricity expenses, printing and stationary,
travelling, rent, interest, freight, audit fees, etc
According to the Income Tax Act depreciation is calculated only by the WDV method.
Depreciation is admissible at the rates specified in the schedule on the basis of
Block of Assets. A few rates of depreciation allowed are as follows: 1. Tangible
assets being • Buildings used mainly for residential purpose @ 5% • Buildings used
for other than residential purpose @ 10% • Furniture including electric fittings
@ 10% • Plant & machinery including motor cars, scientific apparatus etc. @ 15%
• Plant & machinery being computers including computer software etc. @60% 2. Intangible
assets allowed are technical know-how, patents, franchisee, copyrights, trade marks
etc. @ 25%
Business is subjected to Tax Audit if the turnover (sales) exceeds Rs. 60 lakhs
in the case of a business, and gross receipts exceed 15 lakhs for a profession,
for the Assessment Year 2012-2013. From the Assessment year 2013-2014, the turnover
limit of a business will be Rs. 100 lakhs, and for profession gross receipts will
be 25 lakhs. From the financial year 2010-11 onwards, a person carrying on a business
referred to will also have to get the accounts audited. The audit on such cases
is mandatory if the income admitted from such business is less than 8% of the turnover.
The term capital asset means a property of any kind held by an assessee, whether
or not it is connected with his business or profession, but does not include: •
Stock in trade, consumable stores or raw materials held for purpose of business
or profession, • Personal effects held for personal use. • 61/2% Gold bonds, 1977,
7% Gold bonds, 1980, National Defence Gold Bonds, 1980, Special Bearer Bonds, 1991,
Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999, notified by the government
and • Agricultural land in India. Any gain arising on the transfer (sale) of a capital
asset is chargeable to tax under the head Capital Gains. Incidence of tax For assets
being shares in a company or any other security listed on a recognized stock exchange
in India, or a unit of the UTI/Mutual fund specified u/s 10(23D) or a zero coupon
bond held for not more than 12 months, would be termed as short term capital asset.
If the same is held for more than 12 months, then it is a long term capital asset
and would be out of the tax purview as a long term capital gain on shares and securities
and is exempt u/s10(38). Assets other than those specified above and held for not
more than 36 months are termed as short term capital assets.
The following exemptions are available: Long Term Capital Gain from the Transfer
of a Residential House Property (Section 54) The exemption under Section 54 is available
only to an individual or a HUF who transfers (or sells) a residential house/property
that results in a long-term capital gain and then invests the amount of capital
gain in acquiring a new residential house. This exemption is available subject to
the fulfilment of the following requirements: (i) The transferor shall be an individual
or a HUF, (ii) The asset to be transferred must be of long-term capital asset, being
buildings or lands appurtenant thereto, (iii) The income from such residential house
shall be assessable under the head "Income from House Property", (iv) The transferor
assessee should purchase a residential house in India within a period of one year
before or two years from the date of transfer or construct a residential house within
three years from the date of the transfer of the original house. (Construction must
be completed within these 3 years.), and, (v) The new house property purchased or
constructed has not been transferred within a period of three years from the date
of purchase or construction. Amount of Exemption. The amount of exemption under
section 54 is • Equal to the amount of the capital gain if the cost of the new house
property is more than the capital gain, or • Equal to the cost of the new house
property if the cost is less than the capital gain. Capital Gains Accounts Scheme.
Where the amount of capital gain is not so utilized for the purchase or construction
of a new residential house before the due date of furnishing of the return of income,
it shall be deposited by him on or before the due date in an account with a public
sector bank in accordance with the Capital Gain Account Scheme, 1988. The amount
already utilized on the new house together with the amount deposited shall be deemed
to be the amount utilized for the purchase of new house under section 54. If the
amount deposited is not utilised for the purpose of purchase or construction of
new house within the stipulated period, then the amount not so utilized will be
treated as long term capital gain of the previous year in which the period of three
years expires. In such case the assessee is entitled to withdraw the amount from
the bank. Consequences of Selling the New House Before 3-years. If the new house
property is transferred within a period of three years from the date of the purchase
or construction, the amount of capital gains arising therefrom, together with the
amount of gains exempted earlier, will be chargeable to tax in the year of sale
of the house property. Further, the amount of exemption under section 54 shall be
reduced from the cost of acquisition of the new house, while calculating short-term
capital gains on the transfer of the new asset. Long Term Capital Gain Exemption
for Investment in Certain Bonds (Section 54EC) This exemption is available to an
individual, a HUF, company or any other person who invests the long term capital
gain, within 6 months of the transfer of the capital asset, in any of the specified
bonds (issued on or after April 1, 2006) and redeemable after 3 years: • National
Highway Authority of India (NHAI), or • Rural Electrification Corporation Ltd. (REC)
The investment in the specified bonds mentioned above is subject to ceiling of Rs.
50 lakhs during any financial year. The face value of each bond is Rs. 10,000 and
in multiples thereof and the rate of return is around 6%. The interest income from
such bonds is taxable. Long Term Capital Gain from the Transfer of a Capital Asset
other than Residential House Property (Section 54F) The long term capital gain arising
from the transfer of any capital asset, not being a residential house, will be exempt
if the assessee has purchased or constructed a residential house subject to fulfilment
of the following conditions: (i) the assessee is an Individual or HUF; (ii) the
capital gain arises from the transfer of any long term capital asset (hereafter
referred to as original asset) other than a residential house; (iii) within a period
of one year before or two years after the date of transfer or sale of the original
asset, the assessee purchases a residential house or constructs a residential house(hereafter
referred to as new asset) within three years after the date of the transfer/sale
of original asset; (iv) where the amount of net consideration is not appropriated
or utilised for acquisition of the new asset before the due date of furnishing the
return of income, it should be deposited by the assessee in an account with any
specified bank or institution in the Capital Accounts Scheme 1988 mentioned above;
(v) the cost of purchase or construction of the new asset is not less than the net
consideration in respect of the original asset; (vi) on the date of transfer of
original asset the assessee: does not own more than one residential house, other
than the new asset, b) does not purchase within one year or construct within three
years after that date, any residential house, other than the new asset, and c) the
income from such residential house, other than the one residential house owned on
the date of transfer of the original asset, is chargeable under the head “income
from house property”. If these conditions are satisfied, the capital gain arising
on sale or transfer of original asset will be wholly exempt from tax. Where only
a part of the net consideration is invested in the new asset (viz. residential house),
then only a proportionate capital gain will be exempt. After availing the exemptions
the assessee: has to retain the new asset (residential house) for a period of not
less than three years from the date of its purchase or construction, and (i) should
not purchase any residential house other than new asset for a period of two years
from the date of transfer of original asset or construct any residential house other
than new asset for a period of three years from the date of transfer of original
asset. If the above conditions are not satisfied, then the capital gain originally
exempted on transfer of the original asset, shall be treated as long-term capital
gain of the previous year in which such new asset is sold or a residential house
other than new asset is purchased or constructed, as the case may be. The residential
house may be let out or self-occupied
Income from other sources includes: 1. Interest income such as FD interest, SB
interest, NSC interest etc. excluding PPF interest 2. Winnings from a lottery 3.
Winnings from crossword puzzle 4. Winnings from horse races 5. Any other income
which is not taxable under the four heads above
The term Relative includes spouse, son and daughter, brother or sister, father
and mother, brothers and sisters of parents and the spouses and the spouse’s parents.
Any receipt of money or property received as gift from a relative is exempt from
tax.
There are certain deductions available under chapter VI A of the Act. Some of
the important/common deductions are as follows: 1. 80C: Investments in specified
savings like life insurance premium, PPF, RPF, NSC, housing loan repayment, Five
year time deposit (tax saver scheme), senior citizen fixed deposit scheme etc. with
a ceiling limit of Rs. 1 lakh. 2. 80D: The medical insurance premium deduction limit
is Rs. 20,000/- for senior citizens and Rs. 15,000/- for others. 3. 80E: Deduction
in respect of interest on loan taken for higher education. 4. 80G: Deduction in
respect of donations to certain funds, charitable institutions, etc.
Provisions of TDS are as follows Section and Nature of Income When to deduct
TDS At what rate is TDS is to be deducted Sec 192: Salary Monthly at the time of
payment where estimated taxable salary exceeds threshold limit Monthly on pro-rata
basis on the tax calculated on the estimated taxable salary. Sec 194A: Interest
other than interest on securities At the time of payment or credit, whichever is
earlier, when the aggregate sums payable during the financial year exceeds Rs 5,000/-
(Rs. 10,000/- in the case of bank interest) At the rate of 10% Sec 194C: Payments
to contractors/sub-contractors. At the time of credit or payment, whichever is earlier,
where the amount credited or paid exceeds Rs 30,000/- per payment or Rs 75,000/-
in the aggregate during the financial year. 1% for HUF/Individual 2% for other than
HUF/individual Sec 194H: Commission or brokerage payable by a person other than
an Individual/HUF At the time of credit or payment, whichever is earlier, where
the amount of sum credited or paid exceeds Rs 5,000/- At the rate of 10% Sec: 194I:
Rent payable by a person other than an Individual/HUF At the time of credit or payment,
whichever is earlier, where the amount of sum credited or paid exceeds Rs 1,80,000/-
At the rate of 2%: For plant and equipment At the rate of 10%: for land and buildings
Sec: 194J: Fees for professional service and technical service At the time of credit
or payment, whichever is earlier, where the amount of sum credited or paid exceeds
Rs 30,000/- aggregated per year At the rate of 10%
Direct Tax |
Indirect Tax |
It is levied on income directly on the income of the person. |
It is levied on products and services. Tax burden is shifted to the end consumer. |
Tax Collection is relatively difficult. |
Tax collection is relatively easy |
Eg. Income Tax |
Eg. GST, Custom duty |
GSTR1 must be filed on or before 11th of the subsequent month.
GSTR3B must be filed on or before 22nd / 24th of the subsequent month for depending
on the state in which taxable person is registered.
GSTR5 must be filed on or before 20th of the subsequent month.
GSTR6 must be filed on or before 13th of the subsequent month.
GSTR7 must be filed on or before 10th of the subsequent month.
GSTR8 must be filed on or before 10th of the subsequent month.
Normally, the supplier of goods and services pays the tax on supply of goods and services
or both. But in the case of Reverse Charge, the receiver becomes liable to pay
the tax, i.e., the chargeability gets reversed.
1. Individuals registered under the Pre-GST Law (i.e., Excise, VAT, Service Tax etc.)
2. Businesses with turnover above the threshold limit of Rs. 40 Lakhs/20 Lakhs
(Rs. 10 Lakhs for North-Eastern States, J & K, Himachal Pradesh and Uttarakhand).
3. Casual taxable person / Non-Resident taxable person.
4. Agents of a supplier & Input service distributor.
5. Those paying tax under the reverse charge mechanism.
6. Person who supplies via e-commerce aggregator.
7. Every e-commerce aggregator.
8. Person supplying online information and database access or retrieval
services from a place outside India to a person in India,
other than a registered taxable person.
1. Register of goods produced.
2. Purchase Register.
3. Sales register.
4. Stock register.
5. Input tac credit availed.
6. Output tax liability.
7. Output tax paid.
8. Other Specified records.
1. Entities who have had land resumed by a constrcting authority such as a City Council.
2. Constructing authorities such as a City Councils who have resumed land.
3. People and entities who are in a shareholder dispute.
4. People and entities who are suing another party for damages resulting from a breach
of contract, or who have been provided with false and misleading information, leading to a
course of action which has caused a financial loss.
5. The victims of, and those accused of fraudulent activity.
A fraud risk assessment is a review undertaken by a forensic accountant that rates the
businesses policies and procedures against a best practise standard. The fraud risk assessment
identifies areas where the business needs to improve its policies and procedures,
and will offer assistance to achieve these improvements, as well as
prioritizing these improvements.
In terms of court proceedings, a forensic accountant is considered to be an expert witness and as such, can provide opinion evidence that can't be provided by a nornal witness. As an expert witness, the forensic accountant has an obligation to assist the Court in relation to the matters it must decide, and is not an advocate for the party who pays his or her fees. The benifit of this is the court will give more weight to the evidence given by a forensic accountant than it would if that same evidence was led by a party to the proceedings.
1. Independence
2. Objectivity
3. Experience and Specialization
• Review of the effectiveness of current organization.
• Adequacy of Treasury policy and procedures documentation.
• Evaluation of procedures, and practices for effectiveness, appropriateness, and security.
• Review and access the adequate segregation of duties in the treasury function exists.
• Review and access reporting of Treasury positions in terms of detail and fequency.
• Reviewing the adequacy of safeguarding of the company's cash assets.
• Review and access reconciliation, recording, monitoring processes.
• Review and access authorization levels within the Treasury function and
• Review and access the systems utilized to undertake the Treasury function.
Review of Bank services currently for appropriateness to stated needs, as defined by the
treasury staff.
• Review of the organization's bank charges, as detailed on bank account analysis
statements and other bank information for appropriateness for the services offered.
• Compensation methods and levels are evaluated and compared with standard benchmarks
(where possible).
• Review of the effectiveness of the organization's cash flow forecasting activities is
measured against plan, trended over time.
• Evaluation of its impact on investing and/or browsing activities.
• Review of investment strategies and activities.
• Review of organization’s investment policy and guidelines for reasonability and effectiveness.
• Comparison of Yields on investments with appropriate standard benchmarks
to measure performance.
• Whether the organization has established
procedures for
- reviewing and accesssing the performance benchmarks,
- reviewing and accessing the credit structure,
- reviewing and accessing product management.
• Review of various aspects of current credit lines.
• Comparison of actual vs. planned credit line usage,
• Effectiveness of the organization's borrowing policy and levels of compensation.
• Average loan price will be compared with appropriate standard rates to measure
performance.
• Whether the organization has established
procedures for
- Reviewing and accessing the borrowings strategy.
- Reviewing and accessing the borrowing limits.
- Reviewing and accesssing interest rate risk management.
- Reviewing and accessing the company's debt to equity ratio and
- Reviewing and accessing the composition of borrowings.
• Evaluation of the steps and strategies of the organization's financial risk management
activities.
• Comparison of risk management activities with appropriate standard benchmarks.
• Assessment of the foreign exchange policies in relation to the effectiveness in
reducing the impact of exchange rate variances on the reported annual earnings and
operating cash flow.