Easy Office
LCI Learning

Group Study Notes

Page no : 3

Dhaval K.Toprani (CA-IPCC Student) (1150 Points)
Replied 18 February 2011

well u can always try..speed will improve once u participate..and it doesnt matter if u type slow




(Guest)

ya i will try : )


Dhaval K.Toprani (CA-IPCC Student) (1150 Points)
Replied 18 February 2011

good to hear that..and I look forward to seeing u at today's costing discussion then


SONAM (CA-PCC ) (54 Points)
Replied 18 February 2011

Ya sure ..... I will only  revise from this notes ..... ot a pblm


Vakeel Ali-CA. Final,Mcom,NET (Asst. professor) (95 Points)
Replied 18 February 2011

You are providing short but sweet notes. Great job.

1 Like



Gourav Kapoor (CA Final Student) (2977 Points)
Replied 18 February 2011

Originally posted by : Priyam

truly saying really wanted to join it....but im very slow at typing...jitne der mein mai notes type karoongi utne der mein duniya kaha se kaha pahuch jayegi....the purpose of group studies will be wasted...my typing speed is not good for online discussions.......today i was thinking about posting handwritten notes but i think that wudnt solve the purpose ....but ya again i must say a great work done by all.
 

dnt wry yar......speed ka koi b chkr nai hai ...tu esa kri yar tu bs sari discussion ko overview kr lie aur apni query sath sath note krta rhi...aur fr apni query post krke apne doubts solve krli....:)


Gourav Kapoor (CA Final Student) (2977 Points)
Replied 18 February 2011

LETS GIVE a name to our gruop....its GSN....hws it ? G for Group S for Study and N for Notes.........wat u say dhaval, pulkit ?


jatin (ICWA and CS student) (407 Points)
Replied 18 February 2011

Originally posted by : CA Ravi sisodia

What a concept  ****************** great !!!!!!!!!
1 Like

Rohit Tulshyan (RTProfessionals) (333 Points)
Replied 18 February 2011

Gr8 work guys....but why don't u scan all notes (hand written) and upload it..this will save your time or why don't u all just upload notes in Pdf format. plus u can continue this forum as discussion forum. this will solve problems of many of u.  

1 Like


(Guest)

hats off !!!!!!!nice contribution.thanks a lot!

1 Like




(Guest)

ooo.. waoooo..... great work...

thanks for that.....

1 Like

Dhaval K.Toprani (CA-IPCC Student) (1150 Points)
Replied 19 February 2011

@ rohit these are combined notes of our discussion as it takes place..we discuss topics in the community..solves our purpose well :)

@ gourav arey GSN ho ya MSN matlab padhai se hai..ye naam waam sab tp hai re...


Dhaval K.Toprani (CA-IPCC Student) (1150 Points)
Replied 19 February 2011

 

Income From Salary
Some basic concepts you should know :-
* There should be a relationship of Employer and Employee b/w payer and payee -
Employer may be an individual, firm , AOP, Co. , corporation , Govt., public body or local body.
Payment recvd. by a person from other than employer is chargeable under PGBP or other sources.
For. e.g. If college lecturer gets money for setting question paper by another univ. it is taxable under the head Other sources.
* Salary and wages here are not different
Both are compensation for work done or services rendered.
* Salary or remuneration recvd is taxable whether it is recvd. from former or present employer
* Foregoing of salary doesn't affects it's taxability
* Salary from more than one source is aggregated in head salary only
* Tax free salary is included in taxable income along with tax amt. paid by employer
* Voluntary payments are also taxable
* Salary surrendered is not taxable
  • *In case of Directors of the company, the employer and employee relationship need to be presumed from Articles of Association. If Articles of association permit, the remuneration shall fall within the meaning of salary. However, the Managing director remuneration must fall within the meaning of salary.
  • *There require contract of service for charging tax under salary .In such case there exist best control over what is required to be done by the employee.
  • *Contract for service doesnot include under the ambit of charging tax under the head salaries. Since there is no effective control over the other persons.
  • *MP and MLA Remuneration doesnot fall within the meaning of salary since there is no employer and employee relationship between the Government and MP and MLA.
  • *Retainer fee or remuneration paid to advocate general by the government doesnot fall within the meaning of salary. The reason is advocate general is a professional person and there is no employer and employee relationship also.
  • *Remuneration received by judge will fall within the meaning of salary since there exist employer and employee relationship between government and Judges.

Sec. 15 explains basis of charge of salary income as :-
*Any salary due from an employer to an assessee in the P.Y. whether actually paid or not
*Any salary paid or allowed to him in P.Y. by employer or former employer before it become due
*Any arrears of salary paid or allowed to him in P.Y. on or behalf of employer provided it is not charged to I.tax in P.Y>
Crux :- Salary is chargeable to tax on due or receipt basis whichever is earlier. Accounting method of employer doesn't affect the taxability of salary.
Where any salary paid in advance is included in the total income of any person for any previous year it shall not be included again in the total income of the person when the salary becomes due.
Pretty much sums up the charging section's meaning...
eg.Month of March raat ke 10 baje- X bahut pareshaan tha...bete ki shaadi fix ho gayi thi..ab itne saare kharche aa gaye hai...FD tod di,investments liquidate kiye par fir bhi paise kam padh rahe the...Beta bola "papa main register marriage kar lunga" toh X bola "beta jab tak tere baap ka boss zinda hai tujhe tension lene ki zarurat nahi"..Next day morning...location X ke boss ki cabin..action..X-"Sirrrrrrrrr,mere bete ki shaadi hai...khaane mein Rs.200 ki thali rakhi hai please aana"...Boss-"Are X Rs.200 ki thali mein kya milta hai...Rs.500-600 ki thali toh honi chahiye yaar chinese punjabi mexican sab rakho yaar..thodi na baar baar shaadi honi hai..." toh X bola "Accha sir thik hai...toh 3 mahine ka pagaar advance please"....Boss-"hmm..aaj kal chinese mein MSG daalte hai ho toh problem ho jaati hai..ek kaam karo 2 mahine ka advance lelo Rs.350-400 ki thali lelo...X-"ok sir"
Ab ye jo 2 mahine ka advance liya hai woh isi FY mein consider karke tax laga denge....
Salary includes-
wages
any annuity or pension
any gratuity
fees, commission, profits in lieu of salary or in addition to it
advance salary
leave encashment
annual accretion to the recognised provident fund to the extent of the following
1. employer's contribution in excess of 12% of salary
2. interest credited to RPF balance in excess of 9.5%
taxable transferred balance from URPF to RPF
contribution made by Central Govt or any employer to the a/c of an employee under the pension scheme referred to in 80CCD

Meaning of salary for Different purpose-

 

(1)  For entertainment allowances

Basic salary only

(2)  Gratuity for employees (Covered under Gratuity Act)

Basic Salary + DA

(3)  Gratuity for employees (not covered under Gratuity Act)

Basic Salary + DA (if forming part of retirement benefit) +Commission as a fixed percentage turnover

(4)  Leave Salary

Basic Salary + DA (if forming part of retirement benefit) +Commission as a fixed percentage turnover

(5)  Voluntary retirement compensation

Basic Salary + DA (if forming part of retirement benefit) +Commission as a fixed percentage turnover

(6)  Contribution to RPF

Basic Salary + DA (if forming part of retirement benefit) +Commission as a fixed percentage turnover

(7)  House rent Allowances

Basic Salary + DA (if forming part of retirement benefit) +Commission as a fixed percentage turnover

(8)  Rent free accommodation

Basic salary + DA (for R.B.) + Bonus or commission + Taxable Allowances


Remember that above chart for the purpose of calculation of salary under different different allowances and all...
Now come to place of accrual of salary income Sec.9(1)
According to this section , salary in respect of service rendered in India is deemed to accrue or arise in India even if it is paid outside.
Similarily pension paid abroad is deemed to accrue in India, if it is paid in respect of services rendered in India. Same goes with leave salary too.
Exception to above rule:-
Salary paid by Indian Govt. to Indian national is deemed to accrue in India even for services rendered outside India.
But allowances paid in above case are exempted U/s 10(7)

Gratuity [Section 10(10)]

(a)   Government employee-Fully exempted

(b) Employee covered by Gratuity Act – Minimum of

(i)    Actual Received

(ii)   15/26 x Last Drawn Sal. x No. of completed years plus excess of 6 months

(iii) Rs 10,00,000

(c)   Any other Employees – Minimum of

(i)     Actual Received

(ii)    15/30 x Last Drawn Sal. x No. of completed years

(iii)  Rs 10,00,000


Sec 10(10A)
Uncommuted pension refers to the amount of pension periodically received by the employee.
whereas Commuted pension refers to the lumpsum amt received by the employee by commuting the entire pension amt, or a part thereof.
Where an employee commutes, under pension rules, a part of pension the remaining amount shall be periodically received by the employee.
Uncommuted pension is taxable in the hands of both Govt. and non Govt employee as salary u/s 15
In case got. employee commuted pension is wholly exempt from tax.
In case of pvt. employee who is in receipt of gratuity, exemption will be-  COMMUTED PENSION/FRACTION COMMUTED * 1/3
IN case of pvt employee who is not in receipt of gratuity exemption will be- COMMUTED PENSION/FRACTION COMMUTED*1/2
Example for pension-
Mr X a pvt employee retires on 1st oct, '10. he is in receipt of pension rs.5000p.m. on 1st Jan 2011 he commutes 40% rs. 30000 of his pension. we suppose that he is in receipt of gratuity.
Taxable gratuity-
1. Uncommuted pension upto the date of commutation   (5000 *3) = 15000
2. Uncommuted pension after the date of commutation (5000*60%*3) = 9000
3 Commuted pension                                                =30000
(-) exemption under sec. 10(10A)= (30000/0.4*1/3)= (25000  )               =5000
Taxable pension                                                                                                = 29000
Retrenchment Compensation-Section 10(10B)
RC kya hai pehle woh jaan lo uske baad section mein kya diya woh samajna...ha toh RC kya hai???
RC is compensation received at the time of closing down of an undertaking or transfer of ownership or management of the undertaking....
RC is exempt from tax to the extent of least of the following
  • Amount calculated in accordance with provision of section 25F(b) if the Industrial Disputes Act,1947 or
  • Rs. 5,00,000
  • Actual Amount Received

Under the Industrial Disputes Act the workman is entitled to retrenchment compensation equal to 15 days average pay for every completed year of service or any part thereof in excess of 6 months yaani 14 years and 6 months will be taken as 14 years but 14 years and 7 months will be considered as 15 years.
Iske upar kuch bhi pay kiya toh u/s 17(3) mein taxable ho jaayega lekin lekin lekin agar ye excess compensation ki anumati koi govt. scheme deti hai toh ye bhi exempt hai...
ABC Ltd ne apni company bech di DEF Ltd ko...DEF ltd bola "We need 2000 workers and currently we have 1501 workers so out of your 500 workers I will take 499 of them"...Sab shift ho gaye reh gaya apna X...ABC Ltd ke chairman ne use bulaya aur kaha koi baat nahi X..koi aur company hi sahi...chal ek kaam kar tu jaa ab...X bola "arey Sir RC do mein nikalta hun...yaad hai ya dimaag bhi liquidate kar diya...Chairman ne nikaala apna calculator aur 2 ghante tak calculate kiya...fir apne CA ko phone kiya aur bola "Arey mujhse ye ho nahi raha hai..tum jara Mr.X ka RC calculate kar do"...CA bola arey itna purana employee hai kya calculation...de do Rs.10,00,000...X khushi se 10 lakh lekar chala gaya aur saamne aa gaye tax officials..woh bola ye toh RC hai exempt hai...IT officials bole beta sirf 5,00,000 tak hi exempt hai woh bhi baaki do conditions mein zyaada hua toh...aao dekhte hai kitna RC taxable hai...
Details
Total period Worked=30 years and 4 months
basic salary= 20000 p.m
dearness allowance= 5000 p.m
Answer
Condition 1-Industrial Disputes act
15/26*avg.salary of last 3 months*completed yrs of service
= [15/26*(20000*3)+(5000*3)/3*30}
=Rs.4,32,692
Condition 2 Max. Rs. 500000
Condition 3 Actual Recieved i.e Rs 1000000
Officials bole..X bhai chalo Rs.567308 ko apni Salary head mein daalke tax bharo...X bola ok Sir aur chup chap waha se chala gaya
Leave encashment se pehle leave salary samajhte hai. Har kisi ko job mein kuch fix leave milti hai. Kuch use kar leta hai aur kuch bach jaati hai.
Jo bach gayi usse kehte hai leave standing to the credit of employee. Ab ya toh vo in credit leaves ko service time mein use kar le ya uske paise le le.
Use kar li to sahi par paise liye toh usse leave encashment kahenge.
Leave encashment bhi do type se ho sakta hai - one during retirement from job or other on leaving the job.
Ab paise milenge to tax dept. ko uspe tax lene ki khujli hogi...
Govt. employee ka toh kuch kar nahi sakte tax waale toh usme full amt exempt
Ab private mein least of foll. will be exempted:-
*Period of earned leave in no. of months to credit of employee at time of his retirement * Avg. month salary
*10 * Avg. Month salary
*Rs 3 Lac
*Amt. received
E.g. on Leave encashment
X was employed by PQR Ltd. upto Mar.15,1988. At the time of leaving PQR Ltd., he was paid Rs 350000 as leave salary out of which 57000 was exempt.U/s 10(10AA)(ii). Thereafter he joined ABC Pvt. Ltd  and recvd. 414000 as leave salary at tym of ret. on Dec31,2010, Determine taxable salary
Ans-
Working Notes:-Length of service - 14.75 yrs. rounded off to 14
Rate of leave entitled Actual in this case is 45 days p.a. but it can't exceed 30 fro each yr of service)
Leave availed = 90 (given)
Leave credit = (14* 30 - 90) / 30 = 11 months
Avg. monthly salary  for 10 months ending on Dec31 = (22600*5+22900*5)/10 = Rs 22750p.m. (Given)
Amt. of exemption shall be least of the foll.
*11months - 22750 = 250250
*10M*22750 =             227500
*(Rs 300000 - 57000 as already exempted) = 243000
*Amt recvd 414000
Ans - Amt. exempted will be 227500 and amt taxable 186500
Compensation received at the retirement
Conditions for claiming exemption
1.received at the time of voluntary retirement or seperation
2.received from
  • authority established under central ,state or provincial act
  • local authority unoversity
  • IIT
  • STATE GOVT
  • CENTRAL GOVT
  • notified institution
  • any co or co-operative society

3. recevied in accordance with  prescribed guidelines, they are
  • applies to all employees who has completed 10 yrs of service or 40 yrs of age
  • vacancy created is not to be filled up nor the retirin employees to be appionted in another co.  belongin to same management
  • amt receivable should not exceed (a)amt equi to 3 months salary for each completed yr of service                                                              (b)salary at time of retirement multiplied by the bal of months left before the date of retirement

  • such scheme has been drawn for overall reduction in no. of existin employees

  • it applies to all employees includin workers n executives except directors

4. max exem - 5 lacs
Allowances
There are three types of allowances as in special /notified allowances u/s 10(14)
1. allowances which are exempt to the extent of actual amt. received or the amount actually spent for the specified purpose for which these were received whichever lower.
2. allowances which are exempt to the extent of actual amt received or the limit specified
3. allowance where exemption is allowed upto a certain % of amount received.
Category 1.
a) Traveling allowance.
b) daily allowance
c) conveyance
d) helper allowance
e) uniform allowance
f) academic allowance

Following allowances are exempt under section 10(14)(ii), subject to the limits stated there-against:

i. Special Compensatory Allowance or High Altitude Allowance or Uncongenial Climate Allowance or Snow bound Area Allowance or Avalanche Allowance:

Rs. 800/- common for various areas of North East, Hilly areas of U.P., H.P. and J &K (for specific details about the areas eligible for the allowance, please refer to the section 10(14) if I T Rules 1962) and Rs. 7000/- per month for Siachen area of J & K and Rs. 300/- common for all places at a height of 1000 mts or more other than the above places.

ii. Special Compensatory Allowance in the nature of Border Area Allowance or Remote Locality Allowance or Difficult Area Allowance or Disturbed Area Allowance:

Various amounts ranging from Rs. 200/- per month to Rs. 1300/- per month are exempt for various areas as specified in Rule 2BB.

iii. Special Compensatory (Tribal Area/Scheduled Area/Agency Area Allowance available in M.P., Tamil Nadu, U.P., Karnataka, Tripura, Assam, West Bengal, Bihar, Orissa:

Rs. 200/- per month.

iv. Any allowance granted to an employee working in any transport system to meet his personal expenditure during duty performed in the course of running of such transport from one place to another:

70% of such allowance upto a maximum of Rs. 6000/- per month.

v. Children Education allowance:

Rs. 100/- per month per child upto a maximum of 2 children.

vi. Allowance granted to meet Hostel Expenditure of children

Rs. 300/- per month per child upto a maximum of two children.

vii. Compensatory Field Area Allowance available in various areas of Arunachal Pradesh, Manipur Nagaland, Sikkim, H.P., U.P. & J&K (for specific details about the areas eligible for the allowance, please refer to the section 10(14) if I T Rules 1962):

Rs. 2600/- per month.

viii. Compensatory Modified Field area Allowance available in specified areas of Punjab, Rajasthan, Haryana, U.P., J&K, H.P. & North East (for specific details about the areas eligible for the allowance, please refer to the section 10(14) if I T Rules 1962):

Rs. 1000/- per month

ix. Counter Insurgency Allowance to members of Armed Forces:

Rs. 3900/- Per month

x. Transport Allowance granted to an employee to meet his expenditure for the purpose of commuting between the place of residence and place of duty:

Rs. 800/- per month

xi. Transport allowance granted to physically disabled (blind or orthopaedically handicapped with disability of lower extremities) employee for the purpose of commuting between place of duty and residence:

Rs. 1600/- per month.

xii. Underground Allowance granted to an employee working in under ground coal mines:

Rs. 800/- per month.

xiii. Special Allowance in the nature of High Altitude Allowance granted to member of the armed forces:

Rs. 1060 p.m. (for altitude of 9000-15000 ft.)

Rs. 1600/- p.m. (for altitudes above 15000 feet.)

xiv. Special allowance granted to members of armed forces in the Highly Active Field Area Allowance

Rs. 4200/- p.m.

xv. Special allowance granted to members of armed forces in the nature of island duty allowance:

Rs. 3,250/- in Andaman & Nicobar and Lakshadweep Group of Islands.

Note: An assessee claiming exemption under (vii), (viii) or (ix) shall not be entitled for exemption listed at (ii) above.

Leave Travel Allowance:

The exemption is available for the amount actually incurred on performance of travel on leave to any place in India by the shortest route to that place. This is subject to a maximum of the air economy fare or AC lst Class fare (if journey is performed by mode other than air) by such route, provided that the exemption shall be available only in respect of two journeys performed in a block of 4 calendar years.

Certain other allowances given by the employer to the employee are exempt u/s 10(14) subject to actual expenses incurred:

  • Allowance granted to meet cost of travel on tour or transfer.

  • Allowance granted on tour or journey in connection with transfer to meet the daily charges incurred by the employee.

  • Allowance granted to meet conveyance expenses incurred in performance of duty, provided no free conveyance is provided.

  • Allowance granted to meet expense incurred on a helper engaged for performance of official duty.

  • Academic, research or training allowance granted in educational or research institutions.

  • Allowance granted to meet expenditure on purchase/maintenance of uniform.

City Compensation Allowance: - the city compensation allowance is fully taxable.
Foreign allowance: - Foreign allowance is exempt if the amount paid outside India by the government to Indian citizen for his services outside India.
Fixed medical allowance: - Employees get fixed medical allowance for the different medical expenses to his or his family. It is fully taxable from the income tax point of view.
Project Allowance: - Project Allowances are generally taxable but for the SUPREME COURT AND HIGH COURT JUDGES they are not taxable and exempted.
6- Servant Allowances: - If the servant is used for household then it is taxable but if used for office purposes exempted from income tax
HRA is a special allowance specifically granted to an employer by his employee towards payment of rent for residence of the employee.
HRA bhi kuch had tak exempt hai....aao uski conditions dekhe

Metro Cities(Delhi, Kolkata, Mumbai, Chennai)

Other Cities

1. HRA received

1. HRA received

2. Rent paid(-)10% of salary for the relevant period

2. Rent paid(-)10% of salary for the relevant period

3. 50% of the salary for the relevant period

3. 40% of the salary for the relevant period


Lekin
1. Exemption wont be available if the assessee lives in his own house or stays without incurring the expenditure
2. Salary here means BS+DA+% Turnover Commission
3. Relevant period means the period during which the said accomodation was occupied by the assessee during the previous year

In case of Government Service,  when an employee receive any allowance in the nature of Entertainment Allowance, deduction from salary will be allowed whichever is less in the below list.
1) 1/5 or 20% of  the salary  (excluding all other allowances, benefit or any other perquisites)
2) Rs. 5000/- (Rupees five thousand only)
3) Actual received

Perquisites [Section 17(2)]

(1)  Taxable in the hands of all employee

(A)  Rent free accommodation

Govt. employee – as per Govt. rules

Non-Govt. employee -

(i)  Owned by employer ® 15% of salary (in cities population exceeds 25,00,000)

10% of salary (in cities population exceeding 10,00,000 but not exceeding 25,00,000)

                                                 ® 7.5% of salary (in other place)

(ii) Not owned by employer: (a) actual rent and (b) 15% of salary (whichever is less)

(B)  Valuation of monetary obligation of employee-actual expenditure

(C)  (i) Interest free loan-Interest rate of SBI or 12%(exemption loan upto ` 20000)

(ii) Use of moveable assets-10% p.a. of actual cost or actual rental charge

(iii) Transfer of moveable asset

Computer & electronic items-Dep. @ 50% for completed years (WDV)

Motor car-Dep. @ 20% for completed years (WDV)

Other assets-Dep. 10% for completed years (SLM)

(2)  Perquisites taxable in the hands of specified employees

(i)     Sweeper, Gardener or watchman-Actual cost

(ii)    Gas, electricity or water-Actual cost or manufacturing cost

(iii)   Education facilities-For children ` 1,000 p.m. (exempt)

Specified employees means-Director, 20% (beneficial ownership), salary more than ` 50,000 p.a.

(3)  Tax free perquisites for all employees

(i)     Medical facilities

Medical treatment in India:

Employer’s hospital, Govt. Hospital, Notified hospital, Group medicine insurance, medical insurance u/s 80D (fully exempt)

Any other medical expenditure-maximum of ` 15,000

Medical treatment abroad:

Medical treatment and stay expenses abroad-exempt (If permitted by RBI)

(ii)    Leave travel concession [Section 10(5)]-maximum of 2 journeys in block of 4 years (2006-2009) by air/first class air-conditioned in train by shortest distance





Index Of Inputs
Pulkit
Bhavin
Tanmayee
Kinjal
Dhaval

Rohtash (CA - Final / CS / B.Com)   (1140 Points)
Replied 19 February 2011

@ Dhaval : I can suggest one thing that u attach a file for the same, as the same would be better for us to have it & refer ir offline too else we need to be available on this page & go thru..


Regards & Thanks,

Rohtash Hurria




Dhaval K.Toprani (CA-IPCC Student) (1150 Points)
Replied 19 February 2011

good suggestion buddy...we'll use that..



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Join CCI Pro


Subscribe to the latest topics :

Search Forum: