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CA Sanjiv Kumar

Enlightened Chartered Accountant
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  1. Asked: April 2, 2025In: Income Tax

    How many type of Assessment and Appeals are in the Income Tax?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:46 am

    The Income Tax Act prescribes 5 main types of assessments, each with a different purpose and scope: 1️⃣ Self-Assessment – [Section 140A] This is done voluntarily by the taxpayer while filing the income tax return. If tax is payable as per return, it must be paid before filing. ✔ No notice from deparRead more

    The Income Tax Act prescribes 5 main types of assessments, each with a different purpose and scope:

    1️⃣ Self-Assessment – [Section 140A]

    • This is done voluntarily by the taxpayer while filing the income tax return.

    • If tax is payable as per return, it must be paid before filing.

    • ✔ No notice from department required.


    2️⃣ Summary Assessment – [Section 143(1)]

    • Also known as Intimation.

    • Done by CPC through computerised checks.

    • Adjustments for arithmetical errors, mismatch in TDS, etc., are made.

    • ✔ No detailed scrutiny involved.


    3️⃣ Scrutiny Assessment – [Section 143(3)]

    • Involves detailed examination of the return and accounts.

    • Done to verify correctness of income, claims, exemptions, deductions, etc.

    • ✅ A notice under Section 143(2) is mandatory.

    • Commonly called Regular Assessment.


    4️⃣ Best Judgment Assessment – [Section 144]

    • Used when:

      • No return is filed,

      • Return is defective and not rectified,

      • Compliance is not made with notices.

    • Officer assesses income based on available material.


    5️⃣ Reassessment / Income Escaping Assessment – [Section 147/148]

    • Done when the Assessing Officer believes some income has escaped assessment.

    • Notice issued under Section 148.

    • Time limits and prior approvals apply as per amended provisions post Finance Act, 2021.

    𝗧𝘆𝗽𝗲𝘀 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹𝘀 (With Relevant Sections)


    1️⃣ Appeal to CIT(Appeals) – [Section 246A]

    • First appellate authority.

    • Can appeal against order of Assessing Officer.

    • Must file appeal within 30 days of receiving order.


    2️⃣ Appeal to Income Tax Appellate Tribunal (ITAT) – [Section 253]

    • Against orders of CIT(A) or certain orders of AO.

    • ITAT is the second level appellate authority.


    3️⃣ Appeal to High Court – [Section 260A]

    • On substantial questions of law arising from ITAT orders.

    • Must be filed within 120 days from date of ITAT order.


    4️⃣ Appeal to Supreme Court – [Section 261]

    • Against High Court judgment, only if case involves important legal principles.

    • Requires certificate of fitness from High Court.


    5️⃣ Revision by CIT (u/s 263/264)

    • Not an appeal, but a review power:

      • Section 263 – Revision by CIT if order is erroneous and prejudicial to revenue.

      • Section 264 – Revision in favor of taxpayer.


    🔄 Faceless Assessment and Appeals (Recent Development)

    • Introduced to bring transparency and efficiency.

    • Conducted electronically, without physical interface.

    • Applies to 143(3), 144 assessments and CIT(A) proceedings.


    🧾 Summary Table:

    Type Section Authority Purpose
    Self-Assessment 140A Assessee Tax paid while filing ITR
    Summary Assessment 143(1) CPC Automated preliminary check
    Scrutiny Assessment 143(3) AO Detailed examination of return
    Best Judgment Assessment 144 AO Non-compliance or defective return
    Reassessment 147/148 AO Income escaped assessment
    Appeal to CIT(A) 246A Commissioner (Appeals) First level appeal
    Appeal to ITAT 253 ITAT Against CIT(A)/AO orders
    Appeal to High Court 260A HC Legal issues in ITAT orders
    Appeal to Supreme Court 261 SC Appeal on legal grounds
    Revision (In Favour of Assessee) 264 CIT Review to help assessee
    Revision (In Favour of Revenue) 263 CIT Rectify errors harming revenue

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  2. Asked: September 27, 2021In: Income Tax

    What is NPS?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:42 am

    National Pension System (NPS) is a government-sponsored pension scheme regulated by the Pension Fund Regulatory and Development Authority (PFRDA). It allows employees (public, private) and self-employed individuals to contribute regularly towards a retirement corpus, which they can withdraw partly aRead more

    National Pension System (NPS) is a government-sponsored pension scheme regulated by the Pension Fund Regulatory and Development Authority (PFRDA).

    It allows employees (public, private) and self-employed individuals to contribute regularly towards a retirement corpus, which they can withdraw partly at retirement, while the rest is used to buy a pension (annuity).

    Tax Benefits under the Income Tax Act (Post-Budget 2025):

    1. Employee’s Contribution:

    • Section 80CCD(1):

      • Deduction up to 10% of salary (Basic + DA) for salaried individuals.

      • For self-employed individuals, deduction up to 20% of gross total income.

      • This deduction is part of the overall limit of ₹1.5 lakh under Section 80CCE.

    • Section 80CCD(1B):

      • Additional deduction of ₹50,000, over and above the ₹1.5 lakh limit under Section 80C.

      • Available to both salaried and self-employed individuals.

    2. Employer’s Contribution:

    • Section 80CCD(2):

      • Employer’s contribution up to 10% of salary (Basic + DA) is deductible for the employee.

      • For Central Government employees, this limit is enhanced to 14%.

      • This deduction is over and above the limits under Sections 80C and 80CCD(1B).

    ax Treatment on Withdrawal:

    • Lump Sum Withdrawal:

      • Upon retirement, up to 60% of the accumulated corpus can be withdrawn as a lump sum.

      • This amount is exempt from tax under Section 10(12A).

    • Annuity Purchase:

      • The remaining 40% must be used to purchase an annuity, which provides regular pension income.

      • Annuity income is taxable in the year of receipt under the head “Income from Other Sources.”


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  3. Asked: September 27, 2021In: Income Tax

    How entertainment allowance is taxed?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:36 am

    Section 16(ii) of the Income Tax Act, 1961, deals with the deduction of Entertainment Allowance. For Government Employees: Entertainment Allowance is first included in salary and then deduction is allowed under Section 16(ii) up to the least of the following: ₹5,000 20% of Basic Salary (excluding alRead more

    Section 16(ii) of the Income Tax Act, 1961, deals with the deduction of Entertainment Allowance.

    For Government Employees:

    Entertainment Allowance is first included in salary and then deduction is allowed under Section 16(ii) up to the least of the following:

    1. ₹5,000

    2. 20% of Basic Salary (excluding allowances, benefits, and perquisites)

    3. Actual entertainment allowance received

    ✅ Only Central or State Government employees are eligible for this deduction.

    👨‍💻 For Non-Government (Private Sector) Employees:

    ❌ No deduction is allowed.
    👉 The entire amount received as Entertainment Allowance is fully taxable under Salary Income.

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  4. Asked: September 27, 2021In: Income Tax

    My employer provided me joining bonous, Travelling cost and relocation charges, are these taxable? if yes, How?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:29 am
    This answer was edited.

    Short Answer: Component Taxability Reason Joining Bonus ✅ Taxable Treated as a part of salary under Section 17(1) of the Income Tax Act Travelling Cost ❌/✅ Depends Exempt if for official joining & supported by bills; Taxable otherwise Relocation Charges ❌/✅ Depends Exempt if reimbursement of actRead more

    Short Answer:

    Component Taxability Reason
    Joining Bonus ✅ Taxable Treated as a part of salary under Section 17(1) of the Income Tax Act
    Travelling Cost ❌/✅ Depends Exempt if for official joining & supported by bills; Taxable otherwise
    Relocation Charges ❌/✅ Depends Exempt if reimbursement of actual expense for shifting house; Taxable if lump sum

    Legal References:

    1. Section 17(1) – Definition of Salary

    Includes bonus, perquisites, and profits in lieu of salary. Therefore, Joining Bonus is fully taxable in the year of receipt.

    2. Section 10(14)(i) read with Rule 2BB – Allowances & Reimbursements

    Reimbursement of actual expenses (like travel for joining or household shifting) can be exempt, if incurred wholly for employment and not a personal benefit.

    Important Tips:

    • Always submit original bills for travel & relocation reimbursements.

    • If paid as lump sum, and not based on bills – the whole amount is taxable.

    • Employers must report these benefits in Form 16 under the appropriate head

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  5. Asked: September 27, 2021In: Income Tax

    My employer reimbursed me the tour expenses, are these reimbursement exempted from income tax?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:27 am

    Yes, reimbursement of actual tour expenses incurred wholly and exclusively for official purposes is exempt from tax under the Income Tax Act, provided certain conditions are met. Section 10(14)(i) of the Income Tax Act, 1961, read with Rule 2BB(1)(b) of the Income Tax Rules, 1962, covers travel andRead more

    Yes, reimbursement of actual tour expenses incurred wholly and exclusively for official purposes is exempt from tax under the Income Tax Act, provided certain conditions are met.

    Section 10(14)(i) of the Income Tax Act, 1961, read with Rule 2BB(1)(b) of the Income Tax Rules, 1962, covers travel and tour-related allowances and reimbursements.

    Exemption Conditions:

    1. 🧳 Expenses must be for official purposes only (like meetings, inspections, training, client visits).

    2. 🧾 Actual bills and vouchers must be submitted to the employer.

    3. 📝 No profit should arise to the employee from the reimbursement.

    4. 💼 The trip should be authorized by the employer.

    5. 🗂️ Employer should maintain records of:

      • Nature and purpose of the travel

      • Amount reimbursed

      • Evidence of expenses (invoices, tickets, boarding passes, etc.)

    Not Exempt If:

    • The amount is paid as a fixed allowance, not against actual bills.

    • The travel is personal or partly personal.

    • The employee fails to provide supporting documents.

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  6. Asked: September 27, 2021In: Income Tax

    Is uniform allowance provided to an employee is taxable?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:25 am
    This answer was edited.

    Uniform Allowance is exempt from tax under certain conditions as per Section 10(14)(i) of the Income Tax Act, 1961, read with Rule 2BB(1)(f) of the Income Tax Rules, 1962. Section 10(14)(i): Exempts allowances granted to meet expenses incurred wholly, necessarily, and exclusively in the performanceRead more

    Uniform Allowance is exempt from tax under certain conditions as per Section 10(14)(i) of the Income Tax Act, 1961, read with Rule 2BB(1)(f) of the Income Tax Rules, 1962.

    Section 10(14)(i): Exempts allowances granted to meet expenses incurred wholly, necessarily, and exclusively in the performance of duties of an office or employment.

    And as per Rule 2BB(1)(f):  Uniform Allowance is exempt only to the extent it is actually spent by the employee for the purchase or maintenance of a uniform which is compulsorily worn during duty.

    Conditions for Exemption:

    1. The allowance must be granted specifically for uniforms.

    2. Uniform must be distinctive and mandatory for the nature of the job (e.g., police, factory workers, aviation staff).

    3. The employee must actually spend the allowance for the intended purpose.

    4. The employer should prescribe or enforce the wearing of such uniforms during duty.

     

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  7. Asked: September 27, 2021In: Income Tax

    Is hill area allowance taxable?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:23 am

    Hill Area Allowance is partially exempt under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB(1)(a) of the Income Tax Rules, 1962. Section 10(14)(ii): Allows exemption for special allowances or benefits granted to meet personal expenses due to conditions of employment such as locaRead more

    Hill Area Allowance is partially exempt under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB(1)(a) of the Income Tax Rules, 1962.

    Section 10(14)(ii): Allows exemption for special allowances or benefits granted to meet personal expenses due to conditions of employment such as location (hill area, remote area, etc.).

    Rule 2BB(1)(a): Specifically lists “Hill Compensatory Allowance” as an exempt allowance, subject to limits depending on the location and posting.

    Exemption Limits:

    The exemption is based on location and altitude, and the Central Government has notified specific limits:

    Location/Conditions Max Exemption (per month)
    Manipur, Mizoram, Tripura, Nagaland ₹300
    Hilly areas of Uttar Pradesh, Himachal, Assam ₹300
    Sikkim, Kashmir Valley, Darjeeling ₹600
    High altitude areas (1,000 – 2,000 m) ₹300
    Very high altitude areas (2,000 – 3,500 m) ₹1,000
    Extremely high altitude areas (above 3,500 m) ₹1,600

    (As per latest CBDT Notifications – rates subject to change by government order)

    Points to Remember:

    • Allowance must be specifically granted for posting in the notified hill area.

    • Any amount received over the exempt limit is fully taxable.

    • Proof of posting in the notified area may be required in assessment.

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  8. Asked: September 27, 2021In: Income Tax

    I am posted at Arunachal Pradesh and getting Rs 2500 per month, is this amount taxable?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:21 am

    No, the amount may not be fully taxable – you may get an exemption under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB of the Income Tax Rules, 1962 As per Rule 2BB(1)(b): If an employee is posted in the North Eastern Region (which includes Arunachal Pradesh), he is entitled toRead more

    No, the amount may not be fully taxable – you may get an exemption under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB of the Income Tax Rules, 1962

    As per Rule 2BB(1)(b):

    If an employee is posted in the North Eastern Region (which includes Arunachal Pradesh), he is entitled to exemption up to:

    🔹 ₹3,000 per month (for posting in border, remote or hilly areas as notified).

    Note:

    • Exemption is only available for government employees or those posted as per government orders.

    • Posting must be in a notified area as per CBDT Circulars (North Eastern Region is included).

    • This allowance is also known as Special Compensatory Allowance (SCA) or Remote Area Allowance.

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  9. Asked: September 27, 2021In: Income Tax

    How much of children education allowance is taxable?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:20 am

    Children Education Allowance (CEA) is partially exempt under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB(2)(c) of the Income Tax Rules, 1962. Exemption Limit (as per Rule 2BB): ₹100 per month per child For a maximum of 2 children ✅ Total exemption allowed = ₹100 × 2 × 12 = ₹2,Read more

    Children Education Allowance (CEA) is partially exempt under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB(2)(c) of the Income Tax Rules, 1962.

    Exemption Limit (as per Rule 2BB):

    • ₹100 per month per child

    • For a maximum of 2 children

    ✅ Total exemption allowed = ₹100 × 2 × 12 = ₹2,400 per annum

    Important Points:

    • Applicable only if CEA is specifically mentioned in the salary structure.

    • If you have more than 2 children, the exemption still applies to only 2 children.

    • No requirement to submit bills unless specifically asked by Assessing Officer.

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  10. Asked: September 27, 2021In: Income Tax

    How much of Hostel expenditure allowance is taxable?

    CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on April 30, 2025 at 7:12 pm

    Hostel Expenditure Allowance is partially exempt from tax under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB(2)(g) of the Income Tax Rules, 1962. Exemption Limit: As per Rule 2BB(2)(g): Hostel Expenditure Allowance is exempt up to ₹300 per month per child, for a maximum of 2 chRead more

    Hostel Expenditure Allowance is partially exempt from tax under Section 10(14)(ii) of the Income Tax Act, 1961, read with Rule 2BB(2)(g) of the Income Tax Rules, 1962.

    Exemption Limit:

    As per Rule 2BB(2)(g):

    Hostel Expenditure Allowance is exempt up to ₹300 per month per child, for a maximum of 2 children.

    ✅ Maximum exemption = ₹300 × 2 children × 12 months = ₹7,200 per annum

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