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CA Manish Kumar Gupta

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  1. Asked: June 6, 2021In: Income Tax

    Is it mandatory to file an ITR if an individual is opting for presumptive taxation u/s 44AD and the profit is less than taxable limits eg say yearly turnover is 10 lakh only?

    CA Manish Kumar Gupta Enlightened
    Added an answer on June 10, 2021 at 4:59 pm

    Hi, The purpose of section 44Ad is to give relief to small assessee from compliance of maintaining books of accounts and annual Audit. This section is not related to the filing of ITR. It just gives a method of calculation of the taxable income of a business. So in this case, if the taxable income oRead more

    Hi,

    The purpose of section 44Ad is to give relief to small assessee from compliance of maintaining books of accounts and annual Audit.

    This section is not related to the filing of ITR. It just gives a method of calculation of the taxable income of a business.

    So in this case, if the taxable income of a business is less than the maximum amount which is not chargeable to tax then filing of return is not mandatory.

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  2. Asked: June 5, 2021In: Income Tax

    Is interest paid on home loan included in the cost of housing property while computing capital gains tax on its sale?

    Best Answer
    CA Manish Kumar Gupta Enlightened
    Added an answer on June 5, 2021 at 2:06 pm
    This answer was edited.

    Hi, In short "Yes" Real Estate is on the boom and involved huge costs. Attractive marketing schemes make it more lucrative.  Generally, People buy a house with the help of a bank loan and pays interest on that home loan. Repayment of Principal is allowed as deduction under section 80C and Portion ofRead more

    Hi,

    In short “Yes”

    Real Estate is on the boom and involved huge costs. Attractive marketing schemes make it more lucrative.  Generally, People buy a house with the help of a bank loan and pays interest on that home loan.

    Repayment of Principal is allowed as deduction under section 80C and Portion of such Interest can be claimed as deduction under section 24(b) while calculating Income from the house property.

    Now see the twist:

    Interest paid on a housing loan can be considered in the acquisition cost of a house while calculating capital gain under section 48.

    Section 48 of Income Tax says that

    The income chargeable under the head “Capital gains” shall be computed, by deducting from the full value of the consideration received or accruing as a result of the transfer of the capital asset the following amounts, namely:—

    (i) expenditure incurred wholly and exclusively in connection with such transfer;

    (ii) the cost of acquisition of the asset and the cost of any improvement thereto:

    The case of CIT vs. C. Ramabrahmam (2013) also supports this claim.

    So, Interest paid on a house loan can be claimed at both the income head, House Property, and Capital Gain.

     

     

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  3. Asked: May 24, 2021In: Income Tax

    What is the definition of Salary as per Income Tax Act?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 24, 2021 at 8:27 pm

    In simple words, any amount paid by an employer to his employees in lieu of services rendered by them is called salary. Although As per Sec 17(1) of Income Tax Act 1961, Salary Include following payments a) Wages b) Annuity or pension c) Any Gratuity d) Any fees, commission, perquisite, or profits iRead more

    In simple words, any amount paid by an employer to his employees in lieu of services rendered by them is called salary. Although As per Sec 17(1) of Income Tax Act 1961, Salary Include following payments
    a) Wages
    b) Annuity or pension
    c) Any Gratuity
    d) Any fees, commission, perquisite, or profits in lieu of or in addition to any salary or wages
    e) Any Advance of Salary
    f) Leave Encashment
    g) Employers contribution to the provident fund in excess of 12% of Salary
    h) The contribution by the central government or any other employer in the previous year to the account of an employee under a pension scheme u/s 80CCD

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  4. Asked: May 23, 2021In: Income Tax

    How much income is not taxable as per Income Tax Act?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 23, 2021 at 3:32 pm

    Income Tax exemption limit for the below three categories of the individual taxpayer for the Assessment Year 2021-22 is as follows: Taxpayer Income Exemption Limit in old regime  Indian Resident below 60 years of age, Huf and NRI  Up to Rs 2.5 Lakh  Indian Resident 60 years but less than 80 years  URead more

    Income Tax exemption limit for the below three categories of the individual taxpayer for the Assessment Year 2021-22 is as follows:

    Taxpayer Income Exemption Limit in old regime
     Indian Resident below 60 years of age, Huf and NRI  Up to Rs 2.5 Lakh
     Indian Resident 60 years but less than 80 years  Up to Rs 3 Lakh
     Individual 80 years and above  Up to Rs 5 Lakh

     

    Taxpayer Income Exemption Limit in New regime
     Indian Resident below 60 years of age, Huf and NRI  Up to Rs 2.5 Lakh
     Indian Resident 60 years but less than 80 years  Up to Rs 2.5 Lakh
     Individual 80 years and above  Up to Rs 2.5 Lakh

     

     

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  5. Asked: May 23, 2021In: Income Tax

    What is the Income tax slab as per Income Tax Act?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 23, 2021 at 11:50 am
    This answer was edited.

    Hi, You mean the tax slab for the assessment year 2021-22 or say Income tax slab for the financial year 2020-21. Income Tax slab for Individual Below 60 years, HUF and NRI Income Old Regime New Regime  Up to 2.5 Lakh NIL NIL 2.5 Lakh to 5 Lakh 5% 5% 5 Lakh to 7.5 Lakh 20% 10% 7.5 Lakh to 10 Lakh 20%Read more

    Hi,

    You mean the tax slab for the assessment year 2021-22 or say Income tax slab for the financial year 2020-21.

    1. Income Tax slab for Individual Below 60 years, HUF and NRI
    Income Old Regime New Regime
     Up to 2.5 Lakh NIL NIL
    2.5 Lakh to 5 Lakh 5% 5%
    5 Lakh to 7.5 Lakh 20% 10%
    7.5 Lakh to 10 Lakh 20% 15%
    10 Lakh to 12.5 Lakh 30% 20%
    12.5 Lakh to 15 Lakh 30% 25%
    above15 Lakh 30% 30%

    2. For Individual 60 years but less than 80 years

    Income Old Regime New Regime
     Up to 2.5 Lakh NIL NIL
    2.5 Lakh to 3 Lakh NIL 5%
    3 Lakh to 5 Lakh 5% 5%
    5 Lakh to 7.5 Lakh 20% 10%
    7.5 Lakh to 10 Lakh 20% 15%
    10 Lakh to 12.5 Lakh 30% 20%
    12.5 Lakh to 15 Lakh 30% 25%
    above 15 Lakh 30% 30%

    3. For Individual 80 years and above

    Income Old Regime New Regime
     Up to 2.5 Lakh NIL NIL
    2.5 Lakh to 3 Lakh NIL 5%
    3 Lakh to 5 Lakh NIL 5%
    5 Lakh to 7.5 Lakh 20% 10%
    7.5 Lakh to 10 Lakh 20% 15%
    10 Lakh to 12.5 Lakh 30% 20%
    12.5 Lakh to 15 Lakh 30% 25%
    above 15 Lakh 30% 30%

     

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  6. Asked: May 17, 2021In: Income Tax

    Who need to file ITR as per Income Tax Act?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 17, 2021 at 4:01 pm
    This answer was edited.

    1.Every person whose aggregated income exceeds the basic exemption limit. While calculating the aggregated income,  He can get various deductions available under chapter VIA, which comprises mainly Section 80C, 80 CCD, 80D, 80TTA, 80 TTB etc. Examples of these deductions are: life insurance premium/Read more

    1.Every person whose aggregated income exceeds the basic exemption limit.

    While calculating the aggregated income,  He can get various deductions available under chapter VIA, which comprises mainly Section 80C, 80 CCD, 80D, 80TTA, 80 TTB etc.

    Examples of these deductions are:

    • life insurance premium/Health insurance premium
    • Contribution towards EPF/ PPF and NPS accounts
    • Interest from banks
    • Tuition fee for children
    • Repayment of home loans etc.

    2. Apart from that any private or public company based out of India or doing business in India, firms, Hindu Undivided Family (HUFs), Association of Persons (AOP), Body of Individual (BOI) etc. are also liable to file ITR.

     

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  7. Asked: May 15, 2021In: Income Tax

    Who is assesse as per Income Tax Act?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 15, 2021 at 6:49 pm

    An assessee is a person who is liable to pay any tax or any sum of the amount payable or has any obligation to pay tax as per Section 2(7) of the Income Tax Act,1961. It includes: In simple words, if you have any liability to pay income tax, then you are an assessee. Following are the types of the aRead more

    An assessee is a person who is liable to pay any tax or any sum of the amount payable or has any obligation to pay tax as per Section 2(7) of the Income Tax Act,1961.
    It includes:

    In simple words, if you have any liability to pay income tax, then you are an assessee.

    Following are the types of the assessee:

    1. Normal Assess: An individual who pays tax for the total income earned during a financial year.
    2. Representative Assess: A person who is responsible to pay tax for the total income/loss caused by a third party.
    3. Deemed Assess: A representative of legal authorities. Like Accounts officer of Electricity office
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  8. Asked: May 15, 2021In: Income Tax

    What are the Incomes Head for reporting in IT act?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 15, 2021 at 6:47 pm

    Section 14 of the Income Tax Act classifies all incomes under the following heads: Income from Salary Income from House Property Income from Business & Profession Income from Capital Gain Income from Other Source

    Section 14 of the Income Tax Act classifies all incomes under the following heads:

    1. Income from Salary
    2. Income from House Property
    3. Income from Business & Profession
    4. Income from Capital Gain
    5. Income from Other Source
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  9. Asked: May 15, 2021In: Income Tax

    How prequisit are taxed?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 15, 2021 at 6:18 pm

    Perquisites are taxable in the hand of employees to the extent as defined in Sec. 17(2) of the Income Tax Act, 1956. Generally, the taxable value of perquisites in the hands of the employees is its cost to the employer. like if the employer has provided a servent to the employee then the cost of hirRead more

    Perquisites are taxable in the hand of employees to the extent as defined in Sec. 17(2) of the Income Tax Act, 1956.

    Generally, the taxable value of perquisites in the hands of the employees is its cost to the employer.

    like if the employer has provided a servent to the employee then the cost of hiring this servent will be the value of perquisit.

    Althoug specific rules have been laid down in Rule 3 of the I.T for valuation of certain perquisites.

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  10. Asked: May 15, 2021In: Income Tax

    What is the prequisit as per Income Tax Act?

    CA Manish Kumar Gupta Enlightened
    Added an answer on May 15, 2021 at 6:11 pm

    “Perquisite” is the casual emolument or benefit provided to the employee in addition to salary or wages.“Perquisite” is defined in section 17(2) of the Income Tax Act as including: (i) House without Rent or at concessional rent. (ii) Interest-Free Loan (iii) Facility of sweeper, gardener, personal aRead more

    “Perquisite” is the casual emolument or benefit provided to the employee in addition to salary or wages.“Perquisite” is defined in section 17(2) of the Income Tax Act as including:

    (i) House without Rent or at concessional rent.

    (ii) Interest-Free Loan

    (iii) Facility of sweeper, gardener, personal attendant

    (iv) Car or other Automative Conveyance

    (v) Amount paid by the employer in respect of an obligation which was actually payable by the assessee.

    (vi) Value of any benefit/amenity granted free or at concessional rate to specified employees etc.

    (vii) The value of any specified security or sweat equity shares allotted or transferred, directly or indirectly, by the employer, or former employer, free of cost or at concessional rate to the assessee.

    (viii) The amount of any contribution to an approved superannuation fund by the employer in respect of the assessee, to the extent it exceeds one lakh Fifty Thousand rupees; and

    (ix) the value of any other fringe benefit or amenity as may be prescribed.

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