Unit 1
Introduction
4 topics · 1 h 35 min to read · 19% of the marks DU has asked
1.1Basic concepts
33 min read
The terms the rest of the Act is built on: income and agricultural income, person and assessee, the tax year, the road from gross total income to total income, the maximum marginal rate and the Permanent Account Number.
Asked in exams 23116 marks in all
Current syllabus UGCF papers, newest first
- December 2025Q1 (b)Previous year under section 3 of the 1961 Act, and the exceptions to the year-later rule6 marks
- December 2024Q1 (b)Person and assessee distinguished6 marks
- December 2025Q1 (a)B.Com (Prog.)Income of one year taxed after it ends, and the exceptions6 marks
- December 2025Q1 OR (a)B.Com (Prog.)Permanent Account Number and four transactions needing it (as set, 1961 Act)6 marks
- December 2024Q1 OR (a)B.Com (Prog.)Permanent Account Number and six transactions needing it (as set, 1961 Act)6 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q1 (a)Previous year, assessment year and the cases taxed in the year of earning (as set, 1961 Act, AY 2022-23)5 marks
- December 2022Q1 (f)The Raja Benoy Kumar Sahas Roy principles of agriculture, and the taxable part of income from growing and manufacturing tea (as set, 1961 Act, AY 2022-23)5 marksBeing checked
- November–December 2020, onlineQ6 (b)Agricultural operations after CIT v. Raja Benoy Kumar Sahas Roy, and partial integration of agricultural income (as set, 1961 Act, AY 2020-21)6 marksBeing checked
- November–December 2019Q1 (b)Exceptions to the rule that the previous year's income is taxed in the next assessment year (as set, 1961 Act, AY 2019-20)3 marks
- November–December 2019Q1 OR (b)The term assessee under the 1961 Act (as set, 1961 Act, AY 2019-20)3 marks
- November–December 2019Q5 OR (c)Philip John Plasket Thomas v. CIT (1963): no clubbing of income from a gift made before the marriage (as set, 1961 Act, AY 2019-20)5 marks
- November–December 2018Q1 (a)Previous year, and the cases where a year's income is taxed in that same year (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2018Q1 (b)Assessee and person distinguished (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2017Q1 (a)Permanent Account Number and who must obtain one (as set, 1961 Act, AY 2017-18)4 marks
- November–December 2017Q1 OR (a)Whether a previous year is always twelve months; income assessed in the same year (as set, 1961 Act, AY 2017-18)4 marks
- November–December 2017Q5 OR (b)Meaning of agriculture: the Raja Benoy Kumar Sahas Roy case (as set, 1961 Act, AY 2017-18)5 marksBeing checked
- December 2022Q1 (a)B.Com (Prog.)The previous-year rule and its exceptions (as set, 1961 Act, AY 2022-23)4 marks
- November–December 2020, onlineQ1B.Com (Prog.)Previous year and assessment year: the double role of a financial year, section 3, the exceptions, and a new business (as set, 1961 Act, AY 2020-21)13 marks
- November–December 2018Q1 (a)B.Com (Prog.)Who is an assessee under the Income-tax Act, 1961 (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2018Q1 OR (b)B.Com (Prog.)Income of a previous year taxed in the same year: the exceptions (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2018Q1 (c)B.Com (Prog.)Previous year and assessment year; the previous year of a new business (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2017Q1 OR (b)B.Com (Prog.)Is it agricultural income? Six items (as set, 1961 Act, AY 2017-18)6 marks
- November–December 2016Q1 OR (a)B.Com (Prog.)Partial integration of agricultural income with non-agricultural income (as set, 1961 Act, AY 2016-17)6 marks
In simple words
This topic is the alphabet of income tax: the words every later topic uses. Income is what is taxed, and a person is who pays it. A person by whom tax is payable is an assessee. Tax is worked out for one tax year, the financial year from 1 April. Income is sorted into five heads and added up to gross total income. Deductions then bring it down to total income, the figure tax is charged on. A Permanent Account Number (PAN) ties each return and payment to the right person.
- 1Leave out exempt income; agricultural income is one of them.
- 2Put the rest under the five heads and compute each head.
- 3Add others' income counted as his, then set off losses: this is gross total income.
- 4Take off the Chapter VIII deductions and round to the nearest ₹10: this is total income.
1.1.1Income
In simple words
In everyday talk, income is money that comes in, such as wages or rent. The Act never fences the word in. It says income includes a long list of items. So anything that is income in the ordinary sense is caught as well. Income can come in cash or in kind, once or again and again. Even money from an unlawful source is income. One sorting job matters most. A revenue receipt is income unless the Act exempts it. A capital receipt is not income unless the Act taxes it.
Capital or revenue receipt?
- Capital receipt
- money for parting with fixed capital (building, plant, goodwill)
- compensation for losing a source of income
- Revenue receipt
- money from circulating capital (the stock it trades in)
- compensation in place of income, such as lost profits
- rent, interest or royalty for the use of an asset
1Does the Act exempt it?
- YesNot taxed: exempt
- Nogo to 2
2Is it a revenue receipt?
- YesIncome
- Nogo to 3
3Is it a capital receipt that the Act taxes all the same, such as a capital gain or a Keyman insurance sum?
- YesIncome
- NoNot income
Remember
- Income is defined only by what it includes, so anything that is income in the ordinary sense is caught too.
- Cash or kind, regular or once, lump sum or instalments: all can be income. Income from an unlawful source is still income.
- A person cannot earn from himself. A purely mutual body's surplus from its members' own contributions is not income, unless the Act taxes it.
- Income diverted at source by an overriding title is not his. Income he receives and then applies to a duty, such as maintenance, stays his.
- Capital receipts taxed all the same: capital gains, compensation for ending a management or agency contract, non-compete receipts, Keyman sums, gifts above the limit.
The full notes3 min
Income has no closed definition. Section 2(49) says income includes the items below, so whatever is income in its ordinary sense is caught as well, and the list adds receipts that might otherwise escape.
| Group | Items the definition includes (s. 2(49)) |
|---|---|
| Business | profits and gains; receipts the Act treats as business income, such as compensation for ending a management or agency contract, export incentives, business perquisites, a partner's interest and salary from his firm, non-compete receipts, amounts recovered for losses or liabilities already deducted, and the value of stock turned into a capital asset; profits of insurance by a mutual insurer or co-operative, and of a co-operative society's banking with its members |
| Employment | perquisites and profits in lieu of salary; allowances to meet the expenses of an office or employment, personal expenses at the place of duty or residence, or a higher cost of living; compensation for ending an employment or changing its terms |
| Companies and representatives | benefits a company gives a director, a person with a substantial interest or a relative of either, and their obligations it pays; benefits obtained through certain representative assessees |
| Investment | dividends; capital gains; certain distributions of a business trust; a life insurance sum that is not exempt, so far as it exceeds the premiums paid |
| Windfalls and gifts | winnings from lotteries, crossword puzzles, races, card games, gambling or betting; money or property received free or for too little, beyond the limits of s. 92(2)(m) |
| Other | Keyman insurance sums; an advance forfeited when talks to transfer a capital asset fail; employees' contributions to welfare funds received by the employer; voluntary contributions received by a registered non-profit organisation and certain other bodies; government subsidies, grants and incentives, other than a subsidy that reduces an asset's cost and a central grant to the corpus of a government-set-up trust |
Features of income:
- It may come in cash or in kind, regularly or once, in a lump sum or in instalments.
- Income from an unlawful source is still income.
- It must be real income. A person cannot earn from himself, so the surplus of a purely mutual body from its members' own contributions is not income, unless the Act taxes it, as it does for mutual insurance and co-operative banking.
- Income diverted at source by an overriding title, such as a charge a court places on the source before the income reaches the assessee, is not his income. Income he receives and then applies to meet an obligation, such as maintenance paid out of his salary, remains his.
Capital and revenue receipts
A revenue receipt is income unless the Act exempts it; a capital receipt is not income unless the Act taxes it.
- Money for parting with fixed capital, the assets the business earns with (building, plant, goodwill), is capital; money from circulating capital, the stock it trades in, is revenue.
- Compensation for losing a source of income is capital; compensation in place of income, such as for lost profits, is revenue.
- A recurring return for the use of an asset, such as rent, interest or royalty, is revenue.
Capital receipts taxed all the same include capital gains (s. 67), compensation for ending a management or agency contract (s. 26(2)(b)), non-compete receipts (s. 26(2)(h)), Keyman sums and gifts above the limit.
Under the 1961 Act (older papers)
The inclusive definition was s. 2(24).
1.1.2Agricultural income
what was asked
Older papers CBCS syllabus, set under the 1961 Act
In simple words
Agricultural income is income from farming land in India. It is kept out of total income. It comes in four kinds: rent from farmland, income from growing and selling its crops, income from a farm building, and income from a nursery's saplings. Real farming needs basic operations on the land itself, such as tilling, sowing, planting and irrigating. So trees that grew wild, a dairy or a poultry farm give no agricultural income. Selling farmland never gives it either.
Agricultural income: the four kinds
- Rent or revenue
- from land in India used for agriculture, in money or in kind
- Income from the land
- by agriculture
- by a process that makes the produce fit for market
- by selling produce given only such a process
- Farm building
- income from a building the farmer or rent-receiver needs because of the land
- Nursery
- saplings or seedlings grown in it
1Is it owned and occupied by the receiver of the land's rent, or occupied by the cultivator or receiver of rent in kind?
- NoNot agricultural income
- Yesgo to 2
2Is the building on the land or in its immediate vicinity?
- NoNot agricultural income
- Yesgo to 3
3Does he need it, because of his link with the land, as a house, store-house or other out-building?
- NoNot agricultural income
- Yesgo to 4
4Is it used for some other purpose, such as being let as a residence or for a business?
- YesNot agricultural income
- Nogo to 5
5Is the land assessed to land revenue, or to a local rate collected by government officers?
- YesAgricultural income
- Nogo to 6
6Does the land lie outside an urban area?
- YesAgricultural income
- NoNot agricultural income
Remember
- Agriculture needs basic operations on the land: tilling, sowing, planting, irrigating. Wild forest trees, dairy, poultry, fishery and bee-keeping fail this test.
- The land must be in India. Rent from farmland in Nepal is not agricultural income.
- Grown and made in India by the same person: tea 60% agricultural, rubber 65%, coffee 60% or 75%. The rest is business income.
- An urban area is a municipality or cantonment board of 10,000 people or more, plus a belt of 2 km, 6 km or 8 km by population.
- Rent from farmland is agricultural income even in a city. The urban test matters only for the farm building and for a sale.
- Selling farmland never gives agricultural income. Urban farmland gives a capital gain; rural farmland is not a capital asset at all.
The full notes3 min
Agricultural income (s. 2(5)) is excluded from total income (IT03). It has four limbs:
- Rent or revenue from land in India used for agricultural purposes, in money or in kind.
- Income derived from such land by:
- agriculture;
- any process the cultivator or receiver of rent-in-kind ordinarily uses to make the produce fit for the market, such as threshing, winnowing, drying or cleaning; or
- his sale of that produce, where it has had no process beyond such a marketing process.
- Income from a farm building that the receiver of the rent or revenue owns and occupies, or that the cultivator or receiver of rent-in-kind occupies, where all of these hold:
- the building is on the land or in its immediate vicinity;
- he needs it, because of his connection with the land, as a dwelling house, store-house or other out-building;
- the land is assessed to land revenue or to a local rate collected by government officers, or, if not so assessed, lies outside an urban area.
- Income from saplings or seedlings grown in a nursery.
Agriculture needs basic operations on the land itself: tilling, sowing, planting, irrigating. These are usually followed by subsequent operations such as weeding, pruning and harvesting. Produce that grows wild, like forest trees nobody planted, is not the result of agriculture; trees planted and tended are.
An urban area (s. 2(22)(iii)) is a municipality or cantonment board with a population of 10,000 or more, and the belt around it measured aerially from its limits: 2 km for a population above 10,000 up to 1 lakh, 6 km above 1 lakh up to 10 lakh, 8 km above 10 lakh. Population is taken from the last census published before the tax year begins.
Two receipts are expressly not agricultural income:
- income from the farm building or land when it is used for any other purpose, such as letting it as a residence or for a business;
- income from transferring urban agricultural land: it is a capital gain.
Grown and manufactured. Where the grower also makes the finished product, only part of the income is agricultural and the rest is business income from the manufacture: 60% for tea; 65% for latex, crepe or block rubber made from his own plants; 60% or 75%, as the case may be, for coffee; in each case grown and made in India (Finance Act, 2026, First Schedule, Part IV-B, rule 4). The income itself is computed under the Income-tax Rules.
| Receipt | Agricultural income | Reason |
|---|---|---|
| Rent, in cash or in kind, from farmland in Punjab | Yes | rent from agricultural land in India |
| Wheat grown, threshed and sold by the farmer | Yes | only a marketing process |
| Seedlings or saplings sold from a nursery | Yes | the nursery limb |
| Fruit or flowers grown by cultivation and sold | Yes | produce of agriculture |
| Trees planted and tended, later sold | Yes | basic operations were done |
| Rent from farmland in Nepal | No | land outside India |
| Trees of spontaneous forest growth sold | No | no basic operations |
| Profit of a dairy, poultry farm, fishery or bee-keeping | No | no cultivation of land |
| Rent from a farm house let to tourists | No | non-farm use of the building |
| Royalty from a mine, or profit from brick-making, on farmland | No | not produce of agriculture |
| Dividend from a company that grows crops | No | it comes from the company, not the land |
| Salary of the manager of a farm | No | it comes from his employment |
Exam trap
Rent or revenue from agricultural land is agricultural income even if the land is in a city. The urban test matters only for the farm-building limb and when the land is sold.
Exam trap
Selling agricultural land never gives agricultural income. Rural agricultural land is not a capital asset (s. 2(22)(iii)), so its sale gives no taxable gain; urban agricultural land is one, and its sale is taxed as a capital gain.
Under the 1961 Act (older papers)
The definition was s. 2(1A), with the nursery and non-farm-use rules in its Explanations.
1.1.3Person
what was asked
Current syllabus UGCF papers, newest first
In simple words
Tax is charged on every person. In law, "person" means much more than a human being. It covers seven classes, from one human being to a family, a company, a firm and groups of people. It even covers bodies such as a university or a deity, which the law treats as able to hold property. A group, a local authority or such a body is a person even if it was not formed to earn income.
Person: the seven classes
- A human being
- individual, a minor or a person of unsound mind included
- A family
- Hindu undivided family (HUF), Jain and Sikh families alike
- Business bodies
- company
- firm, a limited liability partnership (LLP) included
- Groups
- association of persons (AOP)
- body of individuals (BOI)
- Public and legal bodies
- local authority
- artificial juridical person (AJP), such as a university or a deity
Remember
- Person includes seven classes: individual, HUF, company, firm, AOP or BOI, local authority, and any other artificial juridical person.
- An HUF is a family descended from a common ancestor, with their wives and unmarried daughters, managed by the karta (the family's manager).
- A firm includes an LLP. A partner includes a minor admitted to the benefits of partnership.
- An AOP can have companies or firms as members. A BOI is made up of individuals only.
- An AOP, BOI, local authority or AJP is a person whether or not it was formed to earn income.
The full notes1 min
Tax is charged on the total income of every person (s. 4(2)). Section 2(77) says person includes seven classes:
- An individual: a natural person, a minor or a person of unsound mind included.
- A Hindu undivided family (HUF): a family of persons descended from a common ancestor, with their wives and unmarried daughters, managed by the karta; Jain and Sikh families are treated alike.
- A company (s. 2(28)): an Indian company, a body corporate formed under a foreign law, a body assessed as a company under the 1961 Act, or a body the Board declares a company.
- A firm (s. 2(45)): a firm under the Indian Partnership Act, 1932, a limited liability partnership (LLP) included. A partner (s. 2(74)) includes a minor admitted to the benefits of partnership and an LLP partner.
- An association of persons (AOP) or a body of individuals (BOI), incorporated or not. An AOP is two or more persons, who may be companies or firms, joining in a common purpose to earn income; a BOI is made up of individuals only.
- A local authority, such as a municipality or a panchayat.
- Every artificial juridical person (AJP) not covered above, such as a university or a deity, which the law treats as able to hold property.
An AOP, a BOI, a local authority and an AJP are persons whether or not they were formed to earn income.
Under the 1961 Act (older papers)
Person was s. 2(31), with the same seven classes.
1.1.4Assessee
all 4
Current syllabus UGCF papers, newest first
Older papers CBCS syllabus, set under the 1961 Act
- November–December 2019Q1 OR (b)The term assessee under the 1961 Act (as set, 1961 Act, AY 2019-20)3 marks
- November–December 2018Q1 (b)Assessee and person distinguished (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2018Q1 (a)B.Com (Prog.)Who is an assessee under the Income-tax Act, 1961 (as set, 1961 Act, AY 2018-19)3 marks
In simple words
A person becomes an assessee when tax, or some other sum, is payable by him under the Act. The word also covers someone whose income is being assessed, even another person's income that he answers for. A non-resident's agent is one such case. The law also treats some people as assessees: each is a deemed assessee. A person who fails to cut tax at source, or to pay it in, is an assessee in default. Every assessee is a person, but not every person is an assessee.
Kinds of assessee
- Ordinary assessee
- liable on his own income
- or his own income, loss or refund is being assessed
- Representative assessee
- agent of a non-resident
- guardian or manager of a minor or person of unsound mind
- Court of Wards, Administrator-General, Official Trustee, court-appointed receiver or manager
- trustee
- Deemed assessee
- a representative assessee
- legal representative of a dead person
- Assessee in default
- did not deduct or collect tax at source
- or did not pay it to the Government
Remember
- An assessee is a person by whom tax, or any other sum, is payable under the Act.
- It also covers one whose income, loss or refund is being assessed, or another's for which he is assessable.
- A representative assessee, such as a non-resident's agent, is a deemed assessee. So is the legal representative of a dead person.
- Assessee in default: fails to deduct or collect tax at source, or fails to pay it to the Government after doing so.
- Person is the wider word. A person with no income or liability is not an assessee, unless the Act deems him one.
The full notes2 min
An assessee (s. 2(11)) is a person who owes tax, or any other sum, under the Act. The term also covers:
- a person against whom a proceeding has been taken to assess his own income, loss or refund, or the income, loss or refund of another person for whom he is assessable;
- a person deemed to be an assessee;
- a person deemed to be an assessee in default.
| Kind of assessee | Who |
|---|---|
| Ordinary assessee | a person liable for tax, interest or another sum on his own income, or one whose income, loss or refund is being assessed |
| Representative assessee (s. 303(1)) | the agent of a non-resident; the guardian or manager of a minor or a person of unsound mind; a Court of Wards, Administrator-General, Official Trustee, or a receiver or manager appointed by a court; a trustee, under a written or oral trust |
| Deemed assessee | a representative assessee (s. 303(4)); the legal representative of a dead person (s. 302(3)) |
| Assessee in default (s. 398(1)) | one who does not deduct or collect tax at source as required, or does not pay it to the Government after deducting or collecting it |
| Point | Person | Assessee |
|---|---|---|
| What the term marks | who can be taxed | a person in relation to whom tax is payable or proceedings are taken |
| Need for income or liability | none | needed, unless the Act deems him an assessee or an assessee in default |
| Another's income | not relevant | covers one assessable for another's income |
| Range | wider | narrower: every assessee is a person, not every person an assessee |
Worked example
A residents' association formed last month has no income: it is a person but not an assessee. If it pays a contractor's bill without deducting tax that the Act requires of it, it becomes an assessee in default for that tax.
Under the 1961 Act (older papers)
Assessee was s. 2(7), with the same three extensions.
1.1.5Tax year (formerly previous year and assessment year)
all 15
Current syllabus UGCF papers, newest first
- December 2025Q1 (b)Previous year under section 3 of the 1961 Act, and the exceptions to the year-later rule6 marks
- December 2025Q1 (a)B.Com (Prog.)Income of one year taxed after it ends, and the exceptions6 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q1 (a)Previous year, assessment year and the cases taxed in the year of earning (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2019Q1 (b)Exceptions to the rule that the previous year's income is taxed in the next assessment year (as set, 1961 Act, AY 2019-20)3 marks
- November–December 2019Q1 OR (b)The term assessee under the 1961 Act (as set, 1961 Act, AY 2019-20)3 marks
- November–December 2018Q1 (a)Previous year, and the cases where a year's income is taxed in that same year (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2018Q1 (b)Assessee and person distinguished (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2017Q1 (a)Permanent Account Number and who must obtain one (as set, 1961 Act, AY 2017-18)4 marks
- November–December 2017Q1 OR (a)Whether a previous year is always twelve months; income assessed in the same year (as set, 1961 Act, AY 2017-18)4 marks
- December 2022Q1 (a)B.Com (Prog.)The previous-year rule and its exceptions (as set, 1961 Act, AY 2022-23)4 marks
- November–December 2020, onlineQ1B.Com (Prog.)Previous year and assessment year: the double role of a financial year, section 3, the exceptions, and a new business (as set, 1961 Act, AY 2020-21)13 marks
- November–December 2018Q1 (a)B.Com (Prog.)Who is an assessee under the Income-tax Act, 1961 (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2018Q1 OR (b)B.Com (Prog.)Income of a previous year taxed in the same year: the exceptions (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2018Q1 (c)B.Com (Prog.)Previous year and assessment year; the previous year of a new business (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2016Q1 OR (a)B.Com (Prog.)Partial integration of agricultural income with non-agricultural income (as set, 1961 Act, AY 2016-17)6 marks
In simple words
Tax is worked out one year at a time. The tax year is the financial year that starts on 1 April. Its total income is taxed at the rates the Finance Act fixes for that year. Most of the tax comes in during the year, through tax cut at source and advance tax. The return is filed, and the income assessed, after the year ends. A new business or a new source has a short first year: from its start to 31 March. In five risky cases the tax is taken at once, during the year itself.
Income taxed in the year it is earned
- Ship of a non-resident
- 7.5% of the freight on goods or passengers shipped at an Indian port
- Person who may leave India with no plan to return
- income from 1 April to the probable departure
- Body formed for one event or purpose
- income from 1 April to its dissolution
- Person likely to part with his assets to avoid tax
- income from 1 April until proceedings start
- Business or profession discontinued
- income from 1 April to the date it stops, at the officer's discretion
Remember
- Tax year: the financial year from 1 April. The old Act's two years, the previous year and the assessment year, are now this one year.
- New business, profession or source: its first tax year runs from the day it starts to 31 March. Every later year is a full year.
- The ship charge: 7.5% of the freight. The master files a return before the ship leaves; no port clearance until the tax is paid or secured.
- In the other four cases each completed year and part year is assessed separately, and this tax comes on top of any other.
- A sum received after a business stops is taxed in the year of receipt, if it would have been business income.
- Only the discontinued-business case is at the Assessing Officer's discretion. The ship charge applies by itself; the other three, once the facts appear to him.
The full notes4 min
The tax year is the financial year starting on 1 April (s. 3(1)). Tax is charged on the total income of the tax year at the rates the Finance Act fixes for that year (s. 4(1)-(2)). During the year it comes in through tax deducted or collected at source and through advance tax (s. 4(5)). The return is filed and the income assessed after the year ends. Assessment includes reassessment and recomputation (s. 2(13)); the Assessing Officer (AO) is the officer given jurisdiction over the assessee (s. 2(12)).
When a new business or profession is set up, or a new source of income first arises, during a financial year, its first tax year runs from that date to 31 March (s. 3(2)). Every later tax year is a full year, the same for all sources.
Worked example
A salaried dentist opens a clinic on 1 December 2026.
For the clinic, tax year 2026-27 runs from 1 December 2026 to 31 March 2027.
For her salary, an existing source, it runs from 1 April 2026.
From 2027-28 both sources run on full years.
Income taxed in the year it is earned
Where the Act charges the income of some other period, tax is charged accordingly (s. 4(4)). Five provisions tax current income at once, because waiting for the year to end could lose the tax:
| Case | Section | What is taxed at once |
|---|---|---|
| Ship owned or chartered by a non-resident, carrying passengers, livestock, mail or goods shipped at an Indian port | s. 316 | 7.5% of the freight paid or payable, in or out of India, demurrage and handling charges included, as income accruing in India |
| Individual who may leave India during the year or soon after it, with no present intention of returning | s. 317 | income from 1 April to the probable date of departure |
| AOP, BOI or AJP formed for a particular event or purpose, likely to be dissolved in the year or just after | s. 318 | income from 1 April to the date of dissolution |
| Person likely to charge, sell, transfer or otherwise part with his assets to avoid tax | s. 319 | income from 1 April to the date the AO starts proceedings |
| Business or profession discontinued during the year | s. 320 | income from 1 April to the date of discontinuance, at the AO's discretion |
Shipping (s. 316). Before the ship leaves the port, the master files a return of the freight earned there. If the AO is satisfied that he cannot, and that he has arranged for someone to file it and pay the tax, his authorised person may file within 30 days after the ship sails. The AO assesses the 7.5% income at the rate for a company that has not arranged to declare and pay its dividends in India, in effect the foreign-company rate, within nine months from the end of the tax year of the return, and the master pays. Port clearance is refused until the tax is paid or its payment secured. The owner or charterer may instead claim, before the end of the year following the tax year of departure, a normal assessment of his total income; the tax paid then counts as advance tax, and any excess is refunded.
Persons leaving India (s. 317), single-purpose bodies (s. 318) and persons parting with assets (s. 319). The income becomes chargeable once the facts appear to the AO. Each completed tax year and part year in the period is assessed separately, at the rates in force for that year. The AO may estimate income that cannot readily be worked out, and may call for a return within a time he fixes, not less than seven days. The tax is in addition to tax under any other provision.
Discontinued business or profession (s. 320). The person must give the AO notice within 15 days of discontinuing. The same separate-assessment rule applies, and the tax is again additional. A sum received after a business is discontinued, or after a profession ends through the holder's retirement, death or ceasing to practise, is taxed as the recipient's income in the year of receipt, if it would have been income of the business or profession had it come in before.
Exam trap
Only the discontinued-business case is at the AO's discretion. The shipping charge applies of its own force, and in the other three cases the income becomes chargeable once the facts appear to the AO.
Under the 1961 Act (older papers)
Income of the previous year (the financial year before the assessment year, s. 3) was charged in the assessment year (twelve months from 1 April, s. 2(9)); the exceptions were ss. 172, 174, 174A, 175 and 176.
1.1.6Gross total income
In simple words
Gross total income (GTI) is the income you reach before the Chapter VIII deductions come off. Start by leaving out the exempt incomes. Sort the rest into the five heads of income, and work out each head by its own rules. Add any income of other people, such as a spouse's, that the law counts as yours. Then set off losses as the Act allows. What is left is GTI.
The five heads of income
- Salaries
- House property
- Business or profession
- Capital gains
- Other sources
- 1Leave out the exempt incomes.
- 2Put every other income under one of the five heads.
- 3Compute each head under its own rules.
- 4Add the income of others that the Act includes in yours, such as a spouse's or a minor child's income.
- 5Set off current and brought-forward losses as the Act allows. The total is GTI.
Remember
- GTI is total income before the Chapter VIII deductions.
- Five heads: salaries, house property, business or profession, capital gains, other sources.
- Exempt income never enters GTI.
- Others' income counted as yours goes in before losses are set off.
The full notes1 min
Gross total income (GTI) is the total income computed under the Act before the deductions of Chapter VIII (s. 122(10)). Reach it in steps:
- Leave out the exempt incomes of the Schedules to s. 11 (IT03).
- Put every other income under one of the five heads (s. 13): salaries, house property, business or profession, capital gains and other sources.
- Compute each head under its own rules.
- Add the income of other persons that the Act includes in yours, such as a spouse's or minor child's (s. 99).
- Set off current losses and brought-forward losses as the Act allows. The total is GTI.
Under the 1961 Act (older papers)
Gross total income was defined in s. 80B(5).
1.1.7Total income
In simple words
Total income is the figure tax is charged on. Take gross total income and take off the Chapter VIII deductions. Those deductions can never be more than GTI. Under the default regime most of them are not allowed at all. Then round the result to the nearest ₹10. Ignore the paise first. A last digit of 5 or more goes up; one below 5 is dropped. The tax payable or refundable is rounded the same way.
- Income from salaries
- +Income from house property
- +Profits and gains of business or profession
- +Capital gains
- +Income from other sources
- +Income of other persons included
- −Losses set off
- =Gross total income
- −Deductions under Chapter VIII (never more than GTI)
- =Total income, rounded off to the nearest ₹10
Remember
- Total income = GTI less the Chapter VIII deductions.
- The deductions can never exceed GTI. Under the default regime most of them are not allowed.
- Round to the nearest ₹10: drop the paise, raise a last digit of 5 or more, drop one below 5. Round the tax payable or refundable the same way.
- Exempt income is never part of GTI. The Chapter VIII deductions come off GTI; they play no part in reaching it.
- Agricultural income stays out of GTI, but still enters the tax computation to fix the rate.
The full notes1 min
Total income (s. 2(108)) is the income that s. 5 brings into charge, computed as the Act lays down. It is GTI less the deductions of Chapter VIII (s. 122(1)). Those deductions together can never exceed GTI (s. 122(2)), and under the default regime of s. 202 most of them are not allowed. Total income is then rounded off to the nearest multiple of ₹10: ignore paise, then raise a last digit of 5 or more and drop one below 5 (s. 516). The tax payable or refundable is rounded off the same way.
Formula
Total income = Gross total income − deductions under Chapter VIII (never more than GTI), rounded off to the nearest ₹10
| Particulars | ₹ |
|---|---|
| Income from salaries | xxx |
| Income from house property | xxx |
| Profits and gains of business or profession | xxx |
| Capital gains | xxx |
| Income from other sources | xxx |
| Add: income of other persons included | xxx |
| Less: losses set off | (xxx) |
| Gross total income | xxx |
| Less: deductions under Chapter VIII | (xxx) |
| Total income, rounded off | xxx |
Worked example
Optional regime: salary income ₹7,20,000; bank interest ₹45,236; agricultural income ₹1,00,000; Chapter VIII deductions ₹1,50,000.
Gross total income = ₹7,20,000 + ₹45,236 = ₹7,65,236 (agricultural income stays out).
Total income = ₹7,65,236 − ₹1,50,000 = ₹6,15,236, rounded off to ₹6,15,240.
Exam trap
Exempt income is not part of GTI, and Chapter VIII deductions do not reduce it. Agricultural income still enters the tax computation, but only to fix the rate (IT03).
1.1.8Maximum marginal rate
In simple words
Income tax is charged in slabs, and the top slab carries the highest rate. The maximum marginal rate (MMR) is that top slab's rate for an individual, AOP or BOI, with surcharge added. The Finance Act of each year fixes it. Some income is taxed straight at this rate. One case is an AOP or BOI whose members' shares are unknown or not fixed. For tax year 2026-27 it works out to 42.744% under the optional rates and 39% under the default regime.
- Top slab rate: 30% under both regimes
- +Highest surcharge, worked on that rate: 37% of it under the optional rates, 25% of it under the default regime
- =Rate with surcharge: 41.1% or 37.5%
- +Health and Education Cess: 4% of the rate with surcharge
- =Maximum marginal rate: 42.744% or 39%
Remember
- MMR: the rate, surcharge included, on the highest slab of income of an individual, AOP or BOI, as that year's Finance Act sets it.
- An AOP or BOI whose members' shares are indeterminate or unknown pays MMR on its whole total income.
- Tax year 2026-27: top slab 30% under both regimes.
- With the highest surcharge and 4% cess: 42.744% under the optional rates, 39% under the default regime.
The full notes1 min
The maximum marginal rate (MMR, s. 2(70)) is the rate of income-tax, surcharge included, that applies to the highest slab of income of an individual, AOP or BOI, as the Finance Act of the year specifies. Some income is taxed at this rate: an AOP or BOI whose members' shares are indeterminate or unknown, for one, pays it on its total income (s. 311(1)).
For tax year 2026-27 the top slab rate is 30% under both regimes. Surcharge rises with income; at the top, and with the 4% Health and Education Cess (Finance Act, 2026, s. 3(15)), the rate works out as:
| Optional rates (Part I-B, Paragraph A) | Default regime (s. 202) | |
|---|---|---|
| Top slab rate | 30% | 30% |
| Highest surcharge | 37% | 25% |
| Rate with surcharge | 41.1% | 37.5% |
| Rate with surcharge and cess | 42.744% | 39% |
1.1.9Permanent Account Number
what was asked
Current syllabus UGCF papers, newest first
- December 2025Q1 OR (a)B.Com (Prog.)Permanent Account Number and four transactions needing it (as set, 1961 Act)6 marks
- December 2024Q1 OR (a)B.Com (Prog.)Permanent Account Number and six transactions needing it (as set, 1961 Act)6 marks
Older papers CBCS syllabus, set under the 1961 Act
In simple words
A Permanent Account Number (PAN) is a unique ten-character code of letters and numbers. The Assessing Officer gives it to a person to identify him. Some people must apply for one, for example when their income passes the tax-free limit. Anyone else may apply too. Once you have a PAN, you quote it in returns, letters to the tax office and tax challans. You may hold only one. If you are eligible for Aadhaar, the two must be linked, or the PAN stops working.
1Did his total income, or that of anyone he is assessable for, exceed the maximum amount not chargeable to tax in any tax year?
- YesMust apply
- Nogo to 2
2Are his business or professional sales, turnover or gross receipts above ₹5,00,000 in a tax year, or likely to be?
- YesMust apply
- Nogo to 3
3Does he have to file a return of income?
- YesMust apply
- Nogo to 4
4Is he a resident, other than an individual, entering into financial transactions of ₹2,50,000 or more in a tax year?
- YesMust apply
- Nogo to 5
5Is he a director, partner, trustee, karta, chief executive, principal officer or other person who can act for a resident entity entering into such transactions?
- YesMust apply
- Nogo to 6
6Does he intend a transaction the Board prescribes, or is he in a notified class, such as importers and exporters?
- YesMust apply
- NoNeed not apply, but may
Remember
- PAN: a unique ten-character alphanumeric number that the Assessing Officer allots to identify a person.
- Quote it in every return, every letter to an income-tax authority and every tax challan.
- One person, one PAN. Report a change of address, or of the name or nature of the business.
- Link it with Aadhaar if eligible; an unlinked PAN is made inoperative. Aadhaar may be quoted in place of the PAN.
- No valid PAN given to the deductor: tax is deducted at the highest of the normal rate, the rates in force and 20% (5% for a few payments).
- No PAN for tax collected at source: the higher of twice the normal rate and 5%, but never above 20%.
The full notes2 min
A Permanent Account Number (PAN, s. 2(76)) is a unique ten-character alphanumeric number that the AO allots to a person to identify him under the Act; it includes a PAN of the new series.
A person without a PAN must apply for one, within the prescribed time, if any of these holds (s. 262(1)):
- his total income, or that of anyone for whom he is assessable, exceeded the maximum amount not chargeable to tax in any tax year;
- his business or profession has sales, turnover or gross receipts above ₹5,00,000 in a tax year, or is likely to;
- he has to furnish a return of income under s. 263;
- he is a resident other than an individual that enters into financial transactions of ₹2,50,000 or more in a tax year, or a director, partner, trustee, karta, chief executive, principal officer or other person who can act for such an entity;
- he intends to enter into a transaction the Board prescribes.
Anyone else may apply, and the AO then allots a PAN (s. 262(2)). The Central Government may also notify classes of persons, importers and exporters among them, who must apply (s. 262(11)). Once a PAN is allotted:
- quote it in every return, every letter to an income-tax authority and every tax challan (s. 262(3));
- report a change of address, or of the name or nature of the business on which the PAN was given (s. 262(4));
- if eligible for Aadhaar, quote the Aadhaar number in the PAN application and in the return, or intimate it if the PAN came first; a PAN not so linked is made inoperative (s. 262(5)-(6));
- the Aadhaar number may be quoted in place of the PAN, and a person with Aadhaar but no PAN who quotes it is allotted one (s. 262(7));
- hold one PAN only (s. 262(8));
- quote and authenticate the PAN or Aadhaar in documents for prescribed transactions; the person receiving the document must check that it is quoted and authenticated (s. 262(9)). The Act does not list these transactions: they are prescribed by the Income-tax Rules, and the Board's rule-making power covers documents of a business or profession and other transactions (s. 262(10)(c), as amended by the Finance Act, 2026, s. 65).
Rule
A payee who does not give his valid PAN to the deductor suffers tax deduction at the highest of the normal rate, the rates in force and 20% (5% for a few specified payments); tax collected at source goes to the higher of twice the normal rate and 5%, capped at 20% (s. 397(2)).
Under the 1961 Act (older papers)
PAN was governed by s. 139A.
1.2Residential status and the scope of total income
21 min read
Residence is tested afresh for each tax year, mainly by the days a person spends in India. The status found, resident and ordinarily resident, not ordinarily resident or non-resident, then fixes how much of his world income India taxes.
Asked in exams 29239 marks in all
Current syllabus UGCF papers, newest first
- December 2025Q1 (a)Residential status of a frequent traveller and her taxable income12 marks
- December 2025Q1 OR (a)Residential status of a citizen working in a tax-free country, and his taxable income12 marks
- December 2024Q1 (a)Residential status of a foreign citizen of Indian origin, and his taxable income12 marks
- December 2024Q1 OR (a)Residential status of a citizen working in a tax-free country, in three cases12 marks
- December 2025Q1 (b)B.Com (Prog.)Residential status from past stays and taxable income of a not ordinarily resident12 marks
- December 2025Q1 OR (b)B.Com (Prog.)Deemed residence of an Indian citizen living abroad, and its effect on taxable income12 marks
- December 2024Q1 (a)B.Com (Prog.)Residential status of an individual (section 6)6 marks
- December 2024Q1 (b)B.Com (Prog.)Taxable income as ROR, NOR and NR, and tax as ROR under the new regime12 marks
- December 2024Q1 OR (b)B.Com (Prog.)Residential status of a citizen leaving India for employment, and the incidence of tax12 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q1 (b)Residential status of an individual back on a visit, and his total income (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2021, onlineQ1Residential status of an individual and of a Hindu undivided family (as set, 1961 Act, AY 2021-22)13 marks
- November–December 2020, onlineQ1Residential status from days abroad, and gross total income of a resident and ordinarily resident (as set, 1961 Act, AY 2020-21)13 marks
- November–December 2019Q1 (a)Residential status of an Indian citizen who leaves for a job abroad, and his taxable income (as set, 1961 Act, AY 2019-20)8 marks
- November–December 2018Q1 (c)Residential status of an individual from his days of stay (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2018Q1 OR (c)Taxable income of a non-resident Indian citizen on a visit to India (as set, 1961 Act, AY 2018-19)3 marks
- November–December 2017Q1 (b)Residential status and gross total income of a surgeon (as set, 1961 Act, AY 2017-18)7 marks
- November–December 2017Q1 OR (b)Residential status and tax liability with agricultural income and a disabled dependant (as set, 1961 Act, AY 2017-18)7 marks
- December 2022Q1 (b)B.Com (Prog.)Residential status of a citizen who left for a job abroad and came back on a visit, and his total income (as set, 1961 Act, AY 2022-23)7 marks
- December 2022Q1 OR (b)B.Com (Prog.)Once resident, always resident? Residential status is fixed year by year (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2021, onlineQ6B.Com (Prog.)Residential status of an individual, and the categories of resident but not ordinarily resident (as set, 1961 Act, AY 2021-22)13 marks
- November–December 2019Q1 (b)B.Com (Prog.)Residential status and taxable income of a foreign national on a long visit (as set, 1961 Act, AY 2019-20)8 marks
- November–December 2019Q1 OR (c)B.Com (Prog.)Residential status of an Indian citizen employed abroad who visits India for 200 days (as set, 1961 Act, AY 2019-20)5 marks
- November–December 2018Q1 OR (a)B.Com (Prog.)Income of Mr. Neeraj as resident, not ordinarily resident and non-resident (as set, 1961 Act, AY 2018-19)6 marksBeing checked
- November–December 2018Q1 (b)B.Com (Prog.)Residential status of an individual and of a Hindu undivided family (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2017Q1 (a)B.Com (Prog.)Residential status of a foreign national (as set, 1961 Act, AY 2017-18)5 marks
- November–December 2017Q1 (b)B.Com (Prog.)Income under each residential status (as set, 1961 Act, AY 2017-18)6 marks
- November–December 2016Q1 (a)B.Com (Prog.)Residential status of an individual and of a company (as set, 1961 Act, AY 2016-17)5 marksBeing checked
- November–December 2016Q1 (b)B.Com (Prog.)Gross total income under each residential status (as set, 1961 Act, AY 2016-17)6 marks
- November–December 2016Q1 OR (b)B.Com (Prog.)Residential status of a person of Indian origin (as set, 1961 Act, AY 2016-17)5 marks
In simple words
India does not tax a person by his passport. It first asks how many days he was in India in the year. Enough days make him a resident. A resident who has really been living here pays tax on what he earns anywhere in the world. Too few days usually make him a non-resident, and then India taxes only his income connected with India. This label is his residential status. So every sum on this topic has two moves: find the status, then pick the incomes that status is taxed on.
- 1Count his days in India and fix his status.
- 2List each income: where it was earned, and where it was first received.
- 3Keep only the incomes that his status is taxed on.
- 4Leave out old income brought into India, then add up the rest.
1.2.1Residential status: meaning and classes
all 4
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q1 (b)Residential status of an individual back on a visit, and his total income (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2021, onlineQ1Residential status of an individual and of a Hindu undivided family (as set, 1961 Act, AY 2021-22)13 marks
- November–December 2021, onlineQ6B.Com (Prog.)Residential status of an individual, and the categories of resident but not ordinarily resident (as set, 1961 Act, AY 2021-22)13 marks
- November–December 2018Q1 (b)B.Com (Prog.)Residential status of an individual and of a Hindu undivided family (as set, 1961 Act, AY 2018-19)5 marks
In simple words
Residential status is a label for one year only. It is fixed again every year, so the same person can be resident this year and non-resident the next. The passport does not decide it: an Indian citizen can be a non-resident, and a foreigner can be a resident.
Residential status
- Individual or HUF
- Resident and ordinarily resident (ROR)
- Not ordinarily resident (NOR)
- Non-resident (NR)
- Firm, AOP, BOI, company, local authority, AJP
- Resident
- Non-resident
Remember
- Status is tested afresh for every tax year.
- Citizenship does not decide it. For an individual, the days in India do.
- Only an individual or an HUF can be NOR.
- Days spent in India's territorial waters or air space count as days in India.
The full notes1 min
Section 5 taxes a resident on his world income and a non-resident only on income connected with India. Residential status is decided for each tax year on its own facts (s. 6(1)): a person can be resident one year and non-resident the next. A resident is a person resident under s. 6 (s. 2(96)); a non-resident is one who is not (s. 2(72)).
| Person | Possible status |
|---|---|
| Individual, HUF | resident and ordinarily resident (ROR); resident but not ordinarily resident (NOR); non-resident (NR) |
| Firm, AOP, BOI, company, local authority, AJP | resident; non-resident |
Neither citizenship nor domicile settles status; they count only in the rules below for citizens and persons of Indian origin. India (s. 2(52)) includes its territorial waters, continental shelf, exclusive economic zone and the air space above, so days spent there count as days in India.
1.2.2Individual: resident or non-resident
what was asked
Current syllabus UGCF papers, newest first
- December 2024Q1 (a)Residential status of a foreign citizen of Indian origin, and his taxable income12 marks
- December 2024Q1 (a)B.Com (Prog.)Residential status of an individual (section 6)6 marks
- December 2024Q1 OR (b)B.Com (Prog.)Residential status of a citizen leaving India for employment, and the incidence of tax12 marks
In simple words
Count the days he was in India in the year. With 182 days or more he is resident, and you can stop. With fewer, he gets a second chance. He is still resident if he was here for 60 days or more this year and for 365 days or more over the four years before. If he misses both, he is a non-resident. Three kinds of people do not get this second chance as it stands. The second chart shows who.
1Was he in India for 182 days or more in the tax year?
- YesResident
- Nogo to 2
2Was he in India for 60 days or more in the tax year, and for 365 days or more in the four years before it?
- YesResident
- NoNon-resident
1Is he an Indian citizen who left India this year for a job abroad, or as crew of an Indian ship?
- YesOnly the 182-day test
- Nogo to 2
2Is he a citizen or a person of Indian origin who lives abroad and came to India on a visit?
- NoThe general rule: both tests
- Yesgo to 3
3Is his income, leaving out income from foreign sources, above ₹15 lakh?
- Yes182 days, or 120 days with the 365 days
- NoOnly the 182-day test
Remember
- 182 days or more: resident on that alone.
- 60 days works only together with 365 days in the four years before.
- The day he arrives and the day he leaves both count as days in India.
- The stay need not be in one stretch or at one place.
- A citizen who leaves for a job abroad, or as crew of an Indian ship, gets only the 182-day test. Being sent abroad by an Indian employer on its work is not that.
- A citizen or person of Indian origin (PIO) on a visit: only the 182-day test, unless his income (leaving out foreign-source income) is above ₹15 lakh. Then 120 days takes the place of 60.
The full notes2 min
An individual is resident for a tax year when he satisfies at least one of two tests (s. 6(2)):
- (a) he is in India for 182 days or more in the year; or
- (b) he is in India for 60 days or more in the year and for 365 days or more in all in the four years before it.
If he meets neither, he is NR. The stay need not be continuous or at one place. Count both the day of arrival and the day of departure as days in India.
Test (b) is switched off or changed in three cases:
- An Indian citizen leaving India during the year to take up a job abroad, or to serve as crew of an Indian ship, is resident only under test (a) (s. 6(3)).
- So is a citizen or person of Indian origin (PIO: a person born in undivided India, or whose parent or grandparent was, s. 2(78)) who lives abroad and comes to India on a visit (s. 6(4)).
- If that visitor's income for the year, leaving out income from foreign sources, is above ₹15 lakh, test (b) applies to him with 120 days in place of 60 (s. 6(5)).
For an Indian citizen serving as crew of a ship bound abroad, the days in India on that voyage are counted as the rules prescribe (s. 6(6)).
| Individual | Resident if in India in the tax year for |
|---|---|
| General rule | 182 days or more; or 60 days or more, plus 365 days in the four preceding years |
| Citizen leaving India for a job abroad, or as crew of an Indian ship | 182 days or more |
| Citizen or PIO on a visit, income other than from foreign sources up to ₹15 lakh | 182 days or more |
| Citizen or PIO on a visit, such income above ₹15 lakh | 182 days or more; or 120 days or more, plus 365 days in the four preceding years |
Exam trap
The 182-day rule for a citizen who leaves India applies only if he leaves for employment abroad or as crew of an Indian ship. A citizen whose Indian job sends him abroad on its business is not leaving for employment outside India, so test (b) with 60 days still applies to him.
1.2.3Deemed residence and income from foreign sources
all 4
Current syllabus UGCF papers, newest first
- December 2025Q1 OR (a)Residential status of a citizen working in a tax-free country, and his taxable income12 marks
- December 2024Q1 OR (a)Residential status of a citizen working in a tax-free country, in three cases12 marks
- December 2025Q1 OR (b)B.Com (Prog.)Deemed residence of an Indian citizen living abroad, and its effect on taxable income12 marks
Older papers CBCS syllabus, set under the 1961 Act
In simple words
An Indian citizen can be treated as a resident even if he never came to India in the year. It happens when two more things are true. No other country makes him liable to tax because of where he lives. And his income, leaving out income from foreign sources, is above ₹15 lakh. This is called deemed residence. Such a person is always placed in the NOR class.
1Is he already resident by the day tests?
- YesResident anyway. Deeming is not needed
- Nogo to 2
2Is he a citizen of India?
- NoNot deemed resident
- Yesgo to 3
3Does any other country make him liable to tax because of his domicile, his residence or a similar test?
- YesNot deemed resident
- Nogo to 4
4Is his income, leaving out income from foreign sources, above ₹15 lakh?
- YesDeemed resident, and always NOR
- NoNot deemed resident
Remember
- Three conditions, all needed: a citizen of India, not liable to tax in any other country, income (leaving out foreign-source income) above ₹15 lakh.
- A deemed resident is always NOR.
- A foreign citizen is never deemed resident, even if he is a PIO.
- Foreign-source income is judged by where it is earned, not by where it is received.
- Foreign income of a business controlled in India, or of a profession set up in India, is not foreign-source income here. It counts towards the ₹15 lakh.
- What matters is being liable to tax abroad, not whether tax is actually collected. A country with no income tax on individuals creates no such liability.
The full notes1 min
An individual who is not resident under s. 6(2) to (6) is still deemed resident if all three hold (s. 6(7)-(8)):
- he is a citizen of India;
- no other country or territory makes him liable to tax because of his domicile, his residence or a similar test; and
- his income for the year, leaving out income from foreign sources, is above ₹15 lakh.
A citizen deemed resident is always NOR (s. 6(13)(c)). A foreign citizen, even a PIO, can never be deemed resident.
Income from foreign sources (s. 6(14)) is income arising outside India, other than income deemed to arise in India and income from a business controlled in India or a profession set up in India. So the ₹15 lakh figure of s. 6(5), 6(7) and 6(13)(b) counts income accruing in India, income deemed to accrue in India, and the foreign income of an Indian-controlled business or an Indian-set-up profession.
Exam trap
The test looks at where income accrues, not where it is received. Interest on a foreign bond credited to an Indian bank account is income from a foreign source: it stays out of the ₹15 lakh figure, though as income received in India it is taxed under every status.
Exam trap
Condition 2 asks whether he is liable to tax abroad by reason of domicile, residence or a similar test, not whether a foreign country actually collects tax from him. A citizen living in a country that levies no income-tax on individuals has no such liability.
1.2.4Ordinarily resident or not ordinarily resident
all 5
Current syllabus UGCF papers, newest first
- December 2025Q1 (a)Residential status of a frequent traveller and her taxable income12 marks
- December 2025Q1 (b)B.Com (Prog.)Residential status from past stays and taxable income of a not ordinarily resident12 marks
- December 2024Q1 (a)B.Com (Prog.)Residential status of an individual (section 6)6 marks
Older papers CBCS syllabus, set under the 1961 Act
In simple words
Once he is resident, ask one more thing. Has he really been living in India in the years before? If he was mostly away, he is not ordinarily resident (NOR). India then leaves most of his foreign income alone. If none of the four NOR tests fits him, he is resident and ordinarily resident (ROR). Then his income from the whole world is taxed.
1Was he non-resident in at least 9 of the 10 tax years before this one?
- YesNOR
- Nogo to 2
2Was he in India for 729 days or less in all in the 7 tax years before this one?
- YesNOR
- Nogo to 3
3Is he a citizen or PIO with income (leaving out foreign-source income) above ₹15 lakh, who is resident only through the 120-day test?
- YesNOR
- Nogo to 4
4Is he a citizen who is resident only because he is deemed resident?
- YesNOR
- NoROR
Remember
- Any one of the four tests makes him NOR. If none fits, he is ROR.
- The two history tests: non-resident in at least 9 of the 10 years before, or in India for 729 days or less in the 7 years before.
- Each earlier year's status comes from that year's own day tests.
- A resident HUF is NOR if its karta (the manager of the family) meets either history test.
- A firm, AOP or company is never NOR.
The full notes2 min
A resident individual is NOR if any one of these applies (s. 6(13)):
- he was non-resident in at least nine of the ten tax years before this one;
- he was in India for 729 days or less in all during the seven tax years before this one;
- he is a citizen or PIO whose income, leaving out income from foreign sources, is above ₹15 lakh, and who is resident only through the 120-day test, with a stay of at least 120 days but under 182;
- he is a citizen deemed resident under s. 6(7).
If none applies, he is ROR. A resident HUF is NOR if its manager (the karta) meets test 1 or 2; a firm, AOP, company or other person is never NOR.
- Count the days in India in the tax year and in each of the ten years before it.
- Apply the day tests, with s. 6(3) to 6(6), to the tax year; if he is not resident under them, test deemed residence.
- If he is resident, check tests 3 and 4; then find the status of each of the ten earlier years by that year's own tests, and apply tests 1 and 2.
Worked example
Kabir, a citizen living and working in Dubai, visits India for 130 days in tax year 2026-27. He spent 400 days in India in the four preceding years, and his income other than from foreign sources is ₹18,00,000.
Test (a) fails: 130 days is below 182. As a visiting citizen whose such income exceeds ₹15 lakh, the 120-day version of test (b) applies: 130 days and 400 days, so he is resident (s. 6(2)(b) read with s. 6(5)).
He is resident only through the 120-day test, so he is NOR (s. 6(13)(b)).
Had that income been ₹12,00,000, only test (a) would apply: he would be NR, and not deemed resident either, since his income would not exceed ₹15 lakh.
Exam trap
In test 1, each earlier year's status comes from that year's own day tests. A year with 60 to 181 days in India is a resident year only if the four years before it give 365 days and no special rule removed or tightened test (b) that year.
1.2.5HUF, firm, AOP, company and other persons
In simple words
For a family, a firm or a company the law does not count days. It asks where the big decisions are taken. If even a part of that control is exercised in India, the HUF, firm or AOP is resident. A company is resident if it is an Indian company, or if the key decisions for its whole business are in substance made in India.
Resident in India if
- HUF, firm or AOP
- control and management is not wholly outside India
- Company
- it is an Indian company
- or its place of effective management is in India
- Any other person (BOI, local authority, AJP)
- control and management is not wholly outside India
Remember
- Control and management means where the key decisions are taken, not where the daily work is done.
- Even a part of the control in India makes an HUF, firm or AOP resident.
- A company: an Indian company, or place of effective management in India.
- A person resident for one source of income is resident for all his sources that year.
The full notes1 min
| Person | Resident in India in a tax year if |
|---|---|
| HUF, firm or other AOP | the control and management of its affairs is not wholly outside India in that year (s. 6(9)) |
| Company | it is an Indian company, or its place of effective management is in India in that year (s. 6(10)) |
| Any other person (BOI, local authority, AJP) | the control and management of its affairs is not wholly outside India in that year (s. 6(11)) |
- Control and management means the directing power, the place where the key decisions on the affairs are taken, not where the day-to-day work is done. If any part of it is exercised in India, it is not wholly outside India, and the HUF, firm or AOP is resident.
- An Indian company (s. 2(53)) is one formed and registered under the Companies Act, 2013 or an earlier companies law, a corporation set up by a Central, State or Provincial Act, or a body the Board declares a company, in each case with its registered or principal office in India.
- The place of effective management is where the key management and commercial decisions for the company's business as a whole are in substance made.
- A resident HUF is ROR or NOR by its karta's history (sub-topic 4).
- A person resident for one source of income is resident for all his sources that year (s. 6(12)).
1.2.6Scope of total income
all 7
Current syllabus UGCF papers, newest first
- December 2025Q1 (a)Residential status of a frequent traveller and her taxable income12 marks
- December 2025Q1 OR (a)Residential status of a citizen working in a tax-free country, and his taxable income12 marks
- December 2024Q1 (a)Residential status of a foreign citizen of Indian origin, and his taxable income12 marks
- December 2025Q1 (b)B.Com (Prog.)Residential status from past stays and taxable income of a not ordinarily resident12 marks
- December 2025Q1 OR (b)B.Com (Prog.)Deemed residence of an Indian citizen living abroad, and its effect on taxable income12 marks
- December 2024Q1 (b)B.Com (Prog.)Taxable income as ROR, NOR and NR, and tax as ROR under the new regime12 marks
- December 2024Q1 OR (b)B.Com (Prog.)Residential status of a citizen leaving India for employment, and the incidence of tax12 marks
In simple words
Now use the status. For each income ask two things: where was it earned, and where was it first received? Income earned in India, or first received in India, is taxed for everyone. Income earned and received abroad is taxed in full only for an ROR. A NOR pays on it only when it comes from a business controlled in India or a profession set up in India. A NR does not pay on it at all. Old income brought into India later is taxed for no one.
1Was it first received in India, or treated as received in India?
- YesTaxed for ROR, NOR and NR
- Nogo to 2
2Was it earned in India, or treated as earned in India?
- YesTaxed for ROR, NOR and NR
- Nogo to 3
3Is it income of an earlier year that is only being brought into India now?
- YesNot taxed for anyone
- Nogo to 4
4Is it from a business controlled in India, or a profession set up in India?
- YesTaxed for ROR and NOR, not for NR
- NoTaxed for ROR only
Remember
- ROR: all his income of the year, from anywhere. NR: only income earned in India or first received in India.
- NOR: the same as NR, plus foreign income of a business controlled in India or a profession set up in India.
- Income accrues (is earned) when the right to receive it arises. It is received when it first comes into his hands, or into the hands of someone on his behalf.
- Only the first receipt counts. Income first received abroad and sent to India later is not received in India.
- Salary for work done in India is treated as earned in India, wherever it is paid.
- A dividend from an Indian company is treated as earned in India, even if it is paid abroad.
The full notes5 min
Section 5 decides which income enters total income:
| Income | ROR | NOR | NR |
|---|---|---|---|
| Received or deemed received in India, by him or on his behalf, wherever it accrues | Taxed | Taxed | Taxed |
| Accruing or arising in India, or deemed to | Taxed | Taxed | Taxed |
| Accruing and received outside India, from a business controlled in India or a profession set up in India | Taxed | Taxed | Not taxed |
| Any other income accruing and received outside India | Taxed | Not taxed | Not taxed |
| Income of an earlier year brought into India later | Not taxed | Not taxed | Not taxed |
- Income accrues when the right to receive it arises; it is received when it first comes into the hands of the assessee or of someone on his behalf. Only the first receipt counts: income first received abroad is not received in India when it is later sent here.
- Foreign income is not received in India just because it is taken into a balance sheet prepared in India (s. 5(3)). Income included once on accrual is not included again on receipt (s. 5(4)).
- Deemed to be received in the year (s. 7(1)): interest credited to an employee's recognised provident fund above the notified rate (Schedule XI, Part A, para 6, as substituted by the Finance Act, 2026, s. 127); a transferred provident fund balance to the extent Schedule XI provides; and an employer's contribution to the employee's account under the pension scheme of s. 124. A dividend is income of the year in which it is declared, distributed or paid, and an interim dividend of the year in which it is unconditionally made available (s. 7(2)).
- Spouses in Goa, Dadra and Nagar Haveli and Daman and Diu governed by the Portuguese community-of-property system are taxed separately: income under each head other than salaries is split equally between them, and salary stays with the spouse who earns it (s. 10).
Income deemed to accrue or arise in India (s. 9)
| Income | When it is deemed to accrue in India |
|---|---|
| Income through or from a business connection, property, asset or source in India, or from the transfer of a capital asset in India | always (s. 9(2)); from a business connection, only the part reasonably attributable to operations in India where not all operations are here (s. 9(9)(f)) |
| Salary | earned in India, that is, for services rendered in India, including a rest or leave period between spells of such service that forms part of the contract; and salary paid by the Government to a citizen for service outside India (s. 9(3)) |
| Dividend | paid outside India by an Indian company (s. 9(4)) |
| Interest, royalty, fees for technical services | payable by the Government; by a resident, unless the money, right or service is used for his business or profession outside India or for earning income from a source outside India; by a non-resident, if used for his business or profession in India (and, for royalty and fees, also for earning income from a source in India) (s. 9(5)-(7)) |
| Gift of money or property received outside India | paid by a resident to a NR (other than a company), a foreign company or a NOR (s. 9(8)) |
- Interest, royalty and fees of a non-resident are caught by these rules whether or not he has a residence, place of business or business connection in India, or rendered the services in India (s. 9(11)).
- A business connection includes a significant economic presence: transactions with persons in India, or dealings with users in India, above prescribed levels, wherever the contract is made (s. 9(9)(d)).
- Not income from a business connection: business done through an independent broker or agent in the ordinary course of his business; purchase of goods in India for export; collection of news in India by a news agency or publisher for transmission abroad; display of uncut diamonds in a notified zone by a foreign diamond-mining company; and shooting of a film in India by a non-resident who is a foreign citizen, or a firm or company without an Indian citizen or resident among its partners or shareholders (s. 9(9)(c)).
Working out taxable income by status
- Fix the status for the tax year (sub-topics 2 to 4).
- List each income with where it accrues and where it is first received.
- Apply the scope table: an ROR keeps everything; a NOR drops foreign income except from an Indian-controlled business or Indian-set-up profession; a NR drops all foreign income not received in India.
- Leave out past income remitted to India, then compute each head and total income.
Worked example
Incomes for tax year 2026-27: salary for work done in Pune, paid into a Dubai account, ₹6,00,000; income from a London flat, received there, ₹1,40,000; profit of a shop in Kathmandu run from Delhi, received in Nepal, ₹3,00,000; interest from a US bank credited to an Indian account, ₹50,000; savings of earlier years brought from abroad, ₹1,00,000.
As ROR, everything except the savings: ₹6,00,000 + ₹1,40,000 + ₹3,00,000 + ₹50,000 = ₹10,90,000.
As NOR, the London flat income drops out: ₹9,50,000.
As NR, the Kathmandu profit drops out as well: ₹6,50,000.
The savings are past income brought in, taxed under no status.
Exam trap
Foreign income of a business controlled in India, or of a profession set up in India, is taxed to a NOR but not to a NR. For a NR the place of control does not matter: income that accrues and is received abroad stays outside his total income.
Under the 1961 Act (older papers)
Residence was s. 6(1) with its Explanation 1, NOR status s. 6(6), and the scope of total income s. 5.
1.3Exempt incomes
35 min read
Section 11 keeps out of total income every income listed in Schedules II to VI, so long as the conditions stated against it are met. An individual meets most often agricultural income, sums from his HUF, his share of a firm's profit, life insurance sums, payments from provident, pension and savings funds, a set of employment and public-service receipts, and a few receipts of non-residents.
Asked in exams 420 marks in all
Current syllabus UGCF papers, newest first
- December 2025Q2 OR (b)Six incomes excluded from total income, with examples6 marks
- December 2025Q2 (a)B.Com (Prog.)Six incomes excluded from total income, with examples6 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q1 OR (a)B.Com (Prog.)Is agricultural income really exempt? (as set, 1961 Act, AY 2022-23)5 marksBeing checked
- November–December 2019Q1 OR (a)B.Com (Prog.)Three incomes exempt from tax under the 1961 Act (as set, 1961 Act, AY 2019-20)3 marks
In simple words
Not every income is taxed. The Act keeps some incomes out of the sum, each on its own conditions. These are exempt incomes. They never enter gross total income, and no expense to earn them may be deducted. The ones a student meets most are agricultural income, sums from a Hindu undivided family, a partner's share of profit, life insurance sums, and provident and pension fund payments. Agricultural income still matters: it can raise the rate on the rest. If a condition fails in a year, the income is taxed in that year.
- 1For each receipt, find whether a Schedule lists it, and for whom.
- 2Check each condition and limit for this year, and whether his regime withdraws it.
- 3Leave out what passes. Tax what fails, and any amount above a limit.
- 4If he has agricultural income, use it only to fix the rate on the rest.
1.3.1How section 11 works
In simple words
Some income is kept out of the tax sum altogether. These are exempt incomes. The Act lists them in Schedules, each with the conditions it must meet. While the conditions are met, the income stays out of total income. If one fails in a year, the income is taxed in that year. Some persons, in a Schedule of their own, are not taxed on their total income at all, again on conditions. Money spent to earn exempt income can never be deducted.
Whose income each Schedule keeps out
- Schedule II
- any person
- Schedule III
- the eligible person named against each item
- Schedule IV
- eligible non-residents, foreign companies and similar persons
- Schedule V
- investment funds, business trusts, their unit holders and similar persons
- Schedule VI
- persons in, or with income from, an International Financial Services Centre (IFSC)
- Schedules VII and VIII
- VII, persons exempt from tax altogether
- VIII, political parties and electoral trusts
1Is it listed in one of Schedules II to VI?
- NoIncluded in total income
- Yesgo to 2
2Are all the conditions stated against it met in this tax year?
- NoTaxed in this year
- Yesgo to 3
3Is he under the default regime, and is it an item that regime withdraws, such as house rent allowance?
- YesTaxed: withdrawn under the default regime
- NoKept out of total income
Remember
- An exemption holds only while its conditions are met. If one fails in a year, the income is taxed in that year.
- No deduction for expenses incurred to earn exempt income, even in a year with none. If the Assessing Officer is not satisfied with the claim, he fixes the amount by the prescribed method.
- Exempt income never enters gross total income (GTI). A deduction comes off GTI. Do not mix the two.
- The default regime withdraws legislators' allowances, leave travel concession, house rent allowance and the minor's ₹1,500. Allowances for official duties and personal expenses survive only as prescribed.
- Agricultural income alone still affects the rate of tax.
The full notes2 min
In computing total income, an income listed in Schedules II to VI is left out, subject to the conditions stated against it (s. 11(1)). If a condition is not met in a tax year, the income is taxed in that year (s. 11(2)). The persons in Schedule VII are not taxed on their total income at all, again on conditions (s. 11(3)).
| Schedule | Whose income it excludes |
|---|---|
| II | any person |
| III | the eligible person named against each item |
| IV | eligible non-residents, foreign companies and similar persons |
| V | investment funds, business trusts, their unit holders and similar persons |
| VI | persons in, or with income from, an International Financial Services Centre (IFSC) |
| VII | persons exempt from tax altogether (s. 11(3)) |
| VIII | political parties and electoral trusts (s. 12) |
- No deduction is allowed for expenditure incurred in relation to exempt income (s. 14(1)). Where the AO is not satisfied with the assessee's claim of such expenditure, or of none, he determines it by the prescribed method (s. 14(2)). The bar applies even in a year in which no exempt income arises (s. 14(3)).
- An exempt income never enters GTI; a deduction comes off GTI. Agricultural income alone still affects the rate of tax (sub-topic 2).
- Under the default regime, Schedule III items 5 to 8, 11 and 17 (legislators' allowances, leave travel concession, house rent allowance and the minor's ₹1,500) are withdrawn, and items 12 and 13 (allowances for official duties and personal expenses) survive only as prescribed (s. 202(2)(a)(i)-(ii)). Allowances and perquisites exempted by any other law are also withdrawn (s. 202(2)(c)).
Exam trap
An exemption is lost for any year in which one of its conditions fails, and the income is then taxed in that year (s. 11(2)).
Under the 1961 Act (older papers)
These were clauses of s. 10: agricultural income 10(1), HUF sum 10(2), firm share 10(2A), leave travel 10(5), life insurance 10(10D), provident fund 10(11), Sukanya Samriddhi 10(11A), scholarships 10(16), minor's income 10(32).
1.3.2Agricultural income and partial integration
In simple words
Agricultural income is never taxed itself. But it is brought in to fix the rate on the rest of the income. This method is called partial integration. It applies only when three things are all true. The taxpayer is an individual, a Hindu undivided family (HUF), an association of persons (AOP), a body of individuals (BOI) or an artificial juridical person (AJP). A firm or company is left out. Net agricultural income is above ₹5,000. And total income is above the maximum amount not chargeable to tax. The tax is then found as the difference between two tax sums.
1Is the assessee an individual, HUF, AOP, BOI or AJP?
- NoDoes not apply (firm or company)
- Yesgo to 2
2Is net agricultural income above ₹5,000?
- NoDoes not apply
- Yesgo to 3
3Is total income above the maximum amount not chargeable to tax?
- YesPartial integration applies
- NoDoes not apply
- Tax on (total income + net agricultural income)
- −Tax on (net agricultural income + maximum amount not chargeable)
- =Income-tax on total income
- −Rebate, if any
- +Surcharge
- +Cess at 4%
- =Tax payable
Remember
- All three needed: the right kind of assessee, net agricultural income above ₹5,000, total income above the maximum amount not chargeable.
- Maximum amount not chargeable: ₹2,50,000; ₹3,00,000 for a resident aged 60 to under 80; ₹5,00,000 for a resident aged 80 or more; ₹4,00,000 under the default regime, any age.
- Net agricultural income: a State's agricultural income-tax is deducted; unabsorbed farm losses of 2018-19 to 2025-26 are set off; a net loss counts as nil.
- A loss shared from an AOP or BOI cannot be set off against other farm income.
- The rebate is tested on total income, which never includes agricultural income. It then comes off the tax found by partial integration.
The full notes2 min
Agricultural income (meaning: IT01) is excluded with no condition (Schedule II, Sl. No. 1). It is still brought in to fix the rate on the other income, a method called partial integration (Finance Act, 2026, s. 3(2)). It applies only when all three conditions hold:
- the assessee is an individual, HUF, AOP, BOI or AJP, so a firm or company is outside it;
- net agricultural income exceeds ₹5,000; and
- total income exceeds the maximum amount not chargeable to tax: ₹2,50,000; ₹3,00,000 for a resident aged 60 or more but under 80; ₹5,00,000 for a resident aged 80 or more; ₹4,00,000 where tax is under s. 202, whatever the age.
Net agricultural income is computed under the rules in Part IV-B of the First Schedule to the Finance Act, 2026:
- rent or revenue from land is computed as income from other sources; income from farming, processing and sale, and from farm buildings other than a dwelling house, as business income; a farm dwelling house as house property (rules 1 to 3);
- tea, rubber and coffee incomes are split as in IT01 (rule 4);
- agricultural income-tax levied by a State is deducted (rule 7);
- a loss from one agricultural source is set off against another, but a loss shared from an AOP or BOI is not (rule 6);
- agricultural losses of the eight tax years 2018-19 to 2025-26, so far as not yet set off and determined by the AO, are set off against this year's agricultural income; a successor can use them only if he inherited the source (rule 8);
- if the net result is a loss, net agricultural income is taken as nil (rule 9).
Work out the tax in three steps, at the slab rates that apply (Part I-B, Paragraph A, or s. 202):
- Find the tax on total income plus net agricultural income.
- Find the tax on net agricultural income plus the maximum amount not chargeable.
- The difference is the income-tax on total income. Then allow any rebate and add surcharge and the 4% cess.
Formula
Tax on total income = Tax on (total income + net agricultural income) − Tax on (net agricultural income + maximum amount not chargeable)
Worked example
Neha, aged 40 and resident, uses the optional rates: total income ₹8,00,000, net agricultural income ₹3,00,000. Both conditions hold.
Tax on ₹11,00,000 = ₹1,12,500 + 30% of ₹1,00,000 = ₹1,42,500.
Tax on ₹5,50,000 = ₹12,500 + 20% of ₹50,000 = ₹22,500.
Income-tax = ₹1,42,500 − ₹22,500 = ₹1,20,000; no rebate, as total income exceeds ₹5,00,000; cess at 4% = ₹4,800; tax payable ₹1,24,800.
Without the farm income, the tax on ₹8,00,000 would have been ₹72,500 before cess.
Exam trap
The rebate of s. 156 is tested on total income, which never includes agricultural income. Total income of ₹5,00,000 keeps the rebate under the optional rates however large the farm income, and the rebate then comes off the tax found by partial integration.
1.3.3Sum from an HUF and a partner's share of profit
In simple words
Two receipts from a family or a firm are kept out of a person's income. A member of a Hindu undivided family (HUF) pays no tax on a sum he gets out of the family's income. It does not matter whether the family paid tax on that income. A partner pays no tax on his share of profit from his firm. The firm has already paid tax on the whole. But interest, salary or commission the firm pays him is still his business income.
1Does it come out of the family's income, or out of the income of its impartible estate?
- NoNot kept out by this item
- Yesgo to 2
2Does it come from his own property, turned into family property after 31 December 1969?
- YesTaxed as his income
- NoKept out of his income
What a partner gets from his firm
- Share in the firm's total income, by the deed's profit-sharing ratio
- kept out, as the firm has paid tax
- Interest, salary, bonus, commission or remuneration
- his business income, as far as the firm could deduct it
Remember
- A sum from the HUF's income is kept out, even if the family paid no tax on that income.
- Not kept out: income of his own property turned into family property after 31 December 1969. It is taxed as his, and after a partition so is the part his spouse gets.
- A partner's share in the total income of a firm assessed as a firm, a limited liability partnership (LLP) included, is kept out.
- Interest, salary, bonus, commission or remuneration from the firm is not part of the exempt share. It is business income, to the extent the firm was allowed to deduct it.
The full notes1 min
Sum received from an HUF (Schedule III, Sl. No. 1). An individual member is not taxed on a sum he receives from the family if both conditions hold:
- it comes out of the family's income or, where the family holds an impartible estate, out of that estate's income; and
- it is not covered by s. 99(3)-(4). Those provisions deal with a member's own property converted into family property after 31 December 1969, whether by giving it the family's character, putting it into the common stock or transferring it to the family for inadequate consideration: its income is taxed as his, and after a partition the part his spouse receives is taxed as his too.
The exclusion does not depend on the family having paid tax on that income.
Share of profit from a firm (Schedule III, Sl. No. 2). A partner of a firm assessed separately as a firm, an LLP included, is not taxed on his share in the firm's total income, the share being fixed by the profit-sharing ratio in the partnership deed. The firm has already paid tax on the whole.
Worked example
A firm's total income is ₹12,00,000 and Meena's share under the deed is 25%. Her share of ₹3,00,000 is excluded. Interest on her capital, ₹60,000, allowed to the firm in full, is her business income.
Exam trap
Interest, salary, bonus, commission or remuneration that a partner gets from the firm is not part of the exempt share. He is taxed on it as business income, to the extent the firm was allowed to deduct it (s. 26(2)(g)).
1.3.4Sums received under a life insurance policy
In simple words
Money paid out by a life insurance policy, bonus included, is kept out of income if the policy passes a test. The test is the premium to sum assured ratio. It is the highest yearly premium as a percentage of the sum assured. If the premium is too high for the policy's date of issue, the payout is taxed. Newer policies also face a cap on total yearly premium. Money paid on a death is free of both tests. A Keyman insurance policy, taken on the life of an employee or business associate, never gets the exemption.
The limits, by date of issue
- 1 April 2003 to 31 March 2012
- ratio up to 20%
- 1 April 2012 to 31 March 2013
- ratio up to 10%
- From 1 April 2013
- ratio up to 15% for a special policy
- 10% for others
- Premium cap from 1 February 2021
- unit linked ₹2,50,000
- others ₹5,00,000, for policies from 1 April 2023
1Is it from a Keyman policy, or money returned under a scheme for a disabled dependant who died before the taxpayer?
- YesTaxed
- Nogo to 2
2Is it paid on the death of a person?
- YesKept out
- Nogo to 3
3Was the policy issued before 1 April 2003?
- YesKept out
- Nogo to 4
4Is the highest yearly premium within the ratio limit for its date of issue?
- NoTaxed
- Yesgo to 5
5Is the total yearly premium on all such policies within the cap, where a cap applies?
- YesKept out
- NoTaxed
Remember
- The sum, bonus included, is kept out only if the policy passes the ratio test for its date, and the premium cap where one applies.
- A special policy (on a person with disability or severe disability, or a specified disease) gets 15%; others get 10%.
- The cap counts the premium on all such policies together, in any year of their term. It is lifted for IFSC Insurance Office policies issued from 1 April 2025.
- Failed ordinary policy: the sum above the premiums paid (not already deducted) is income from other sources.
- Failed unit linked policy: it becomes a capital asset, so its proceeds fall under capital gains.
- A death payout escapes only the ratio and premium tests. A Keyman sum is taxed even when it is paid on a death.
The full notes2 min
Any sum received under a life insurance policy, bonus included, is excluded if the policy passes the test for its date of issue (Schedule II, Sl. No. 2). The test is the premium to sum assured ratio: the highest annual premium payable in any year of the term, as a percentage of the actual capital sum assured.
| Policy issued | Highest ratio allowed | Aggregate premium limit |
|---|---|---|
| 1 April 2003 to 31 March 2012 | 20% | none |
| 1 April 2012 to 31 March 2013 | 10% | none |
| 1 April 2013 to 31 January 2021 | 15% for a special policy, 10% for others | none |
| 1 February 2021 to 31 March 2023 | 15% or 10%, as above | unit linked policies ₹2,50,000; others none |
| On or after 1 April 2023 | 15% or 10%, as above | unit linked policies ₹2,50,000; others ₹5,00,000 |
- The aggregate limit applies to the premium on all such policies taken together, in any tax year of their term. It is lifted for policies that an IFSC Insurance Office issues from 1 April 2025.
- A special policy is one on the life of a person with disability or severe disability (s. 154), or with a disease or ailment specified in rules under s. 128.
- Neither test applies to a sum received on the death of a person, or to a policy issued before 1 April 2003, since no condition is set for that period.
- Never excluded: a sum under a Keyman insurance policy (one a person takes on the life of a present or past employee or business associate, including such a policy later assigned), and a sum taxed under s. 127(4) (money returned under a scheme for a disabled dependant who dies before the assessee).
When the exemption fails: a sum under an ordinary policy is taxed as income from other sources so far as it exceeds the premiums paid over the term and not claimed as a deduction, computed as prescribed (s. 92(2)(l)); a unit linked policy that fails becomes a capital asset (s. 2(22)(c)), so its proceeds fall under capital gains; a Keyman sum is business income, or income from other sources if not taxed under business or salaries (s. 26(2)(i), s. 92(2)(d)).
Worked example
A policy that is not unit linked, issued in June 2023: sum assured ₹10,00,000, annual premium ₹1,20,000, a ratio of 12%.
The maturity sum is taxable, unless it is a special policy (limit 15%).
With a premium of ₹90,000 (9%), and total premium on such policies issued from 1 April 2023 within ₹5,00,000 a year, the maturity sum would be excluded.
A sum paid on the death of the insured is excluded either way.
Exam trap
The death exception lifts only the ratio and premium tests. A sum under a Keyman policy is taxable even when it is paid on a death.
1.3.5Provident, pension and savings funds
In simple words
Several savings and pension schemes pay out money that is kept out of tax. Each has its own limits. A Sukanya Samriddhi account is free all the way: deposits, interest and maturity sums alike. A recognised provident fund balance is free after five years of continuous service, or in a few other cases. Provident fund interest is taxed only on his own contributions from 1 April 2021 above a yearly limit. From the National Pension System (NPS), up to 60% is free when the account is closed.
What each scheme pays out free of tax
- Sukanya Samriddhi account
- everything, with no condition
- Recognised provident fund balance
- after five years' continuous service
- or service ended by a cause beyond his control
- or balance moved to a new fund or pension scheme
- Provident fund interest on own contributions from 1 April 2021
- taxed above ₹5,00,000 a year if no employer contributes
- above ₹2,50,000 in other cases
- National Pension System
- up to 60% on closing or opting out
- partial withdrawal up to 25% of his contributions
- Unified Pension Scheme
- up to 60% of the individual corpus
- the lump sum the scheme provides
- Others
- approved superannuation fund, on its conditions
- Agniveer Corpus Fund
- notified government savings and bonds
- US-64 units sold from 1 April 2002
Remember
- Sukanya Samriddhi: deposits, interest and maturity sums all free, with no condition.
- Recognised provident fund: free after five years' continuous service (earlier employers count if the balance moved), or if ill-health, closure of the business or another cause beyond his control ended it.
- Provident fund interest: taxed only on his own contributions from 1 April 2021 above ₹5,00,000 a year (no employer contribution) or ₹2,50,000 (other cases).
- NPS on closing or opting out: up to 60% free. Partial withdrawal: up to 25% of his own contributions.
- Superannuation refund to an employee who leaves otherwise: free only up to his contributions made before 1 April 2026, and the interest on them.
The full notes3 min
| Income | Schedule, item | Conditions and limits |
|---|---|---|
| Payment from a Sukanya Samriddhi account (Scheme of 2019) | II, 5 | none: deposits, interest and maturity sums alike |
| Payment from a provident fund under the Provident Funds Act, 1925, or another fund the Central Government sets up and notifies | II, 3 | the interest of the year is taxable so far as it relates to the person's own contributions made from 1 April 2021 above ₹5,00,000 a year where no employer contributes, or above ₹2,50,000 in other cases; that part is computed as prescribed |
| Accumulated balance paid from a recognised provident fund | II, 4 | excluded only if the employee served the employer continuously for five years or more (counting earlier employers whose fund balance was carried over); or his service ended through ill-health, contraction or closure of the employer's business, or another cause beyond his control; or on leaving, the balance goes to the new employer's recognised fund, or the whole of it to his account under the notified pension scheme of s. 124 (Schedule XI, Part A, para 8); the same interest rule as above |
| Payment from an approved superannuation fund | II, 8 | paid on a beneficiary's death; to an employee instead of, or in commutation of, an annuity on retiring at or after a specified age or on earlier incapacity; as a refund of contributions on a beneficiary's death; as a refund to an employee who leaves otherwise, up to his contributions made before 1 April 2026 and interest on them; or by transfer to his account under the pension scheme of s. 124, as notified |
| Payment from the National Pension System Trust on closing the account or opting out | II, 6 | up to 60% of the total amount payable at that time |
| Partial withdrawal from the National Pension System | III, 4 | by an employee, or by the parent or guardian of a minor subscriber, as the pension regulator's terms allow; up to 25% of the contributions made by him |
| Payment to a subscriber of the Unified Pension Scheme | II, 15 and 16 | on superannuation, voluntary retirement or retirement under rule 56(j) of the Fundamental Rules (not as a penalty), up to 60% of the individual corpus; and the lump sum amount the scheme provides |
| Payment from the Agniveer Corpus Fund | II, 7 | to a person enrolled under the Agnipath Scheme, or his nominee |
| Interest, premium on redemption or other payment on Central Government securities, bonds, annuity and savings certificates and deposits | II, 11 | only those the Central Government notifies, within the notified conditions and limits |
| Interest on Gold Deposit Bonds (1999 scheme) or deposit certificates under the Gold Monetisation Scheme, 2015 | II, 12 | as notified |
| Interest on bonds of a local authority or a State Pooled Finance Entity | II, 13 | as notified |
| Income from transferring a unit of the Unit Scheme, 1964 (US-64) | II, 14 | the transfer is on or after 1 April 2002 |
1.3.6Allowances, pensions and other employment receipts
In simple words
Pay from a job is taxed, but some allowances and pensions are kept out. Most are free only up to a limit or on a condition. Leave travel concession covers travel in India on leave, but never more than was actually spent. House rent allowance is free only if he pays rent for a home he does not own, and only as prescribed. Under the default regime both of these are lost. Pensions of gallantry award holders, and some armed forces pensions, are free.
Employment receipts kept out of tax
- Lost under the default regime
- leave travel concession
- house rent allowance
- legislators' daily and constituency allowances
- Only as prescribed under the default regime
- allowance for the expenses of official duties
- allowance for personal expenses or a higher cost of living
- Pensions
- gallantry award holders and their families
- armed forces family pension, member died in operational duties
- armed forces disability pension
- Others
- tax on a non-money perquisite paid by the employer
- Government's allowances to a citizen serving abroad
- gratuity on an employee's death
1Is he taxed under the default regime?
- YesTaxed in full
- Nogo to 2
2Does he live in a home he does not own?
- NoTaxed in full
- Yesgo to 3
3Does he actually pay rent for it?
- YesKept out, to the prescribed extent
- NoTaxed in full
Remember
- Leave travel concession: travel in India only, for him and his family, within the prescribed journeys and amount, never above what was spent.
- Family here: spouse and children, plus parents, brothers and sisters wholly or mainly dependent on him.
- Allowance for official duties: kept out only to the extent actually spent on those duties.
- Disability pension: the member was invalided out for a disability caused or made worse by service, and not retired on superannuation or otherwise.
- Until the Central Government notifies a date for those conditions, a disabled officer's whole disability pension is kept out.
- Gratuity, commuted pension, leave encashment, retrenchment and voluntary retirement compensation are not items here. They are deductions from salary.
The full notes3 min
| Income | Schedule, item | Conditions and limits |
|---|---|---|
| Leave travel concession | III, 8 | received by, or due to, an individual for himself and his family: from his employer, for travel anywhere in India while on leave; or from his employer or former employer, for travel anywhere in India after he retires or his service ends; within the prescribed number of journeys and amount per head, set with regard to the Central Government's own scheme; never more than the amount actually spent; family means spouse and children, and parents, brothers and sisters wholly or mainly dependent on him; not under the default regime |
| House rent allowance | III, 11 | granted by the employer to meet rent for the residence he occupies; he does not own it and actually pays the rent; exempt only to the extent prescribed with regard to the place and other factors; not under the default regime |
| Allowance or benefit to meet the expenses of the duties of an office or employment | III, 12 | not a perquisite; granted specifically for expenses wholly, necessarily and exclusively incurred in those duties, as prescribed; exempt to the extent actually spent for the purpose; under the default regime, only as prescribed |
| Allowance for personal expenses at the place of duty or residence, or for a higher cost of living | III, 13 | to the extent prescribed; an allowance for duties of a special nature is exempt only if it relates to the place of posting or residence; under the default regime, only as prescribed |
| Tax on a non-monetary perquisite paid by the employer | III, 10 | the perquisite is not a monetary payment; the employer pays the tax at its option |
| Allowance or perquisite paid or allowed outside India by the Government | III, 9 | to a citizen of India, for service outside India |
| Daily allowance of a member of Parliament, a State Legislature or a committee of either; constituency allowance of a member of Parliament or of a State Legislature | III, 5, 6 and 7 | none; not under the default regime |
| Pension of a person in Central or State Government service holding the Param Vir Chakra, Maha Vir Chakra, Vir Chakra or another notified gallantry award; family pension to members of his family | III, 14 and 15 | none; family as for leave travel concession |
| Family pension of the widow, children or nominated heirs of a member of the armed forces, paramilitary forces included | III, 16 | the member died in operational duties, in the prescribed circumstances and on the prescribed conditions |
| Disability pension, both service and disability elements, of a member of the armed forces, paramilitary forces included | III, 38A | invalided out for a bodily disability attributable to, or aggravated by, service, and not retired on superannuation or otherwise; until the Central Government notifies a date for these conditions, the whole disability pension of a disabled officer is exempt |
| Gratuity received on an employee's death | III, 38 | by his widow, children or dependants, as computed under s. 19(1), Table, items 3 to 6 |
Gratuity, commuted pension, leave encashment, retrenchment and voluntary retirement compensation are not Schedule items: they are deductions from salary under s. 19(1), studied with Salaries.
1.3.7Other receipts of individuals
In simple words
A handful of other receipts of individuals are kept out of tax. A scholarship to meet the cost of education is free, whatever its size and whoever gives it. So are certain awards and rewards from the Government or an approved body. Government compensation for a disaster is free, and so is interest on motor accident compensation. A loan taken under a reverse mortgage is free. Some gains on farmland or land taken by the State are free too. Gifts from relatives are not in this list: they escape for another reason.
Other receipts kept out of tax
- Study and honours
- scholarship for education
- public-interest award or Government reward
- Compensation
- Government's disaster compensation
- interest on Motor Accident Claims Tribunal compensation
- Land
- urban farmland compulsorily acquired
- land acquisition award under the 2013 Act
- Andhra Pradesh capital land pooling
- Loans
- reverse mortgage loan, lump sum or instalments
- Special groups
- Scheduled Tribe members in listed areas
- Sikkimese individuals
- minor child's income up to ₹1,500
- Growers
- replanting subsidy from the Tea, Rubber, Coffee or Spices Board, or a notified board
1Is the transferor an individual or an HUF?
- NoNot kept out
- Yesgo to 2
2Was the land used for agriculture by him, the HUF or his parent for the two years before the transfer?
- NoNot kept out
- Yesgo to 3
3Was it compulsorily acquired, or was its price fixed or approved by the Central Government or the Reserve Bank?
- NoNot kept out
- Yesgo to 4
4Was the compensation received on or after 1 April 2004?
- YesKept out
- NoNot kept out
Remember
- Scholarship to meet the cost of education: free in full, whoever grants it.
- Disaster compensation is free only if no deduction was allowed earlier for the same loss or damage.
- Minor child's income included in a parent's: up to ₹1,500 per child free; not under the default regime.
- Scheduled Tribe members in listed areas and Sikkimese individuals: income from sources there, and dividends and interest on securities, are free.
- Gifts from relatives, on marriage or under a will are in no Schedule. They escape because the gift charge leaves them out.
The full notes3 min
| Income | Schedule, item | Conditions and limits |
|---|---|---|
| Scholarship | II, 9 | granted to meet the cost of education; any amount, whoever grants it |
| Award or reward, in cash or in kind | II, 10 | an award instituted in the public interest by the Central or a State Government, or by a body the Central Government approves; or a reward from the Central or a State Government for a purpose the Central Government approves in the public interest |
| Compensation from the Central or a State Government or a local authority on account of a disaster | III, 3 | to an individual or his legal heir; no deduction was allowed earlier for the same loss or damage; disaster as in the Disaster Management Act, 2005 |
| Interest on compensation awarded by a Motor Accident Claims Tribunal | III, 38B | to an individual or his legal heir, received under the Motor Vehicles Act, 1988 |
| Capital gain on transfer of urban agricultural land | III, 18 | individual or HUF; the land was used for agriculture by the HUF, the individual or a parent of his for the two years before the transfer; the transfer is a compulsory acquisition, or its price is fixed or approved by the Central Government or the Reserve Bank; the compensation, including any enhanced by a court or authority, is received on or after 1 April 2004 |
| Income from an award or agreement on compulsory acquisition of land under the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” | III, 38C | individual or HUF; not an award or agreement under s. 46 of that Act |
| Capital gain on land or building pooled under the Andhra Pradesh capital city land pooling scheme | III, 38D | individual or HUF owning it on 2 June 2014; possession of the reconstituted plot handed over by 31 March 2031; the asset transferred is the land or building, its land pooling ownership certificate, or the reconstituted plot, the plot only if transferred within two years from the end of the financial year of possession |
| Loan received under a reverse mortgage, in a lump sum or in instalments | III, 35 | individual; a transaction of the kind s. 70(1)(zh) refers to |
| Income of a minor child included in a parent's income | III, 17 | up to ₹1,500 for each minor child whose income is included under s. 99(1)(c); not under the default regime |
| Income of a member of a Scheduled Tribe | III, 19 | a Scheduled Tribe member under article 366(25) of the Constitution residing in the tribal areas of the Sixth Schedule, in Arunachal Pradesh, Manipur, Mizoram, Nagaland or Tripura, in the notified areas of Assam, or in Ladakh; income from any source in those areas, or dividends and interest on securities |
| Income of a Sikkimese individual | III, 20 | income from any source in Sikkim, or dividends and interest on securities |
| Subsidy from the Tea, Rubber, Coffee or Spices Board, or a notified board, to a grower and manufacturer | III, 21 | under a notified scheme to replant or replace tea bushes, rubber, coffee or cardamom plants, or to rejuvenate or consolidate such areas; a certificate of the amount from the board filed with the return or within the time the AO allows |
Items 38A to 38D were inserted by the Finance Act, 2026 (s. 123), from 1 April 2026.
Exam trap
Gifts from relatives, on marriage or under a will are in no Schedule. They escape tax because s. 92(3) keeps them out of the gift charge of s. 92(2)(m), under income from other sources.
1.3.8Non-residents and foreign citizens
In simple words
A few incomes of people from abroad are kept out of tax. Interest on a Non-Resident (External) Account in an Indian bank is free. A foreign diplomat who is not an Indian citizen is free on his pay, if Indian officials get the same in his country. A foreign firm's employee who works in India for 90 days or less can be free too. So can a non-resident foreigner on a foreign ship who stays that briefly. Each has its own conditions.
1Is he a citizen of India?
- YesNot kept out
- Nogo to 2
2Does the enterprise carry on any business in India?
- YesNot kept out
- Nogo to 3
3Did he stay in India more than 90 days in all in the tax year?
- YesNot kept out
- Nogo to 4
4Can the employer deduct the pay from its income taxable in India?
- YesNot kept out
- NoKept out
Remember
- Non-Resident (External) Account interest: for one resident outside India under the foreign exchange law, or allowed by the Reserve Bank to keep the account.
- Diplomat or his staff: not an Indian citizen; Indian officials get a similar exemption there; staff are subjects of that country with no other work in India.
- Foreign ship salary: a non-resident who is not a citizen of India, staying in India 90 days or less in the tax year.
- Offshore Banking Unit deposit interest: for a non-resident or not ordinarily resident, deposit made from 1 April 2005, interest received in India.
- Notified scheme: foreign income of one non-resident for the five years before his first visit, for at most five consecutive tax years.
The full notes2 min
| Income (Schedule IV) | Eligible person | Conditions |
|---|---|---|
| Interest on a Non-Resident (External) Account in an Indian bank (item 1) | an individual resident outside India under the foreign exchange law, or one the Reserve Bank permits to keep the account | interest on money in that account |
| Remuneration of a foreign diplomat or official (item 2) | an official of an embassy, high commission, legation, commission, consulate or trade office of a foreign State, or his staff, not a citizen of India | Indian officials doing such work in that country get a similar exemption; the staff are subjects of that country and have no other business, profession or job in India |
| Pay of a foreign enterprise's employee for services in India (item 3) | an employee who is not a citizen of India | the enterprise carries on no business in India; his stay does not exceed 90 days in all in the tax year; the pay is not deductible from the employer's income taxable in India |
| Salary for employment on a foreign ship (item 4) | a non-resident who is not a citizen of India | his stay in India does not exceed 90 days in all in the tax year |
| Pay of a foreign government's employee training in India (item 5) | a non-citizen employee of that government | received while training in an office or undertaking of the Government, a company wholly owned by Governments or its subsidiary, a statutory corporation, or a society wholly financed by Governments |
| Interest on a deposit in an Offshore Banking Unit (item 8) | a NR or NOR | deposit made on or after 1 April 2005; interest received in India |
| Foreign income of an individual serving in India under a notified scheme (item 13B, Finance Act, 2026) | an individual who was non-resident for the five tax years before the year of his first visit to India for the scheme | he renders services in India under the scheme in the year; at most five consecutive tax years from that first visit; prescribed conditions |
1.3.9Institutions and other bodies
In simple words
The last group of exemptions is for bodies, not individuals. A local authority, a trade union, a research association or a political party may earn income. The Act keeps much of it out of tax, each on its own terms. Some bodies, such as regimental funds of the armed forces, are exempt from tax altogether.
Bodies whose income is kept out
- Local authority
- property, capital gains and other sources income
- supplies within its area
- water or electricity anywhere
- Research and professions
- approved research associations
- approved professional bodies, but not property, fee or investment income
- Workers and markets
- registered trade unions
- investor protection funds
- core settlement guarantee funds
- Funds and trusts
- investment funds, business trusts and IFSC units
- securitisation trusts
- 1925 Act provident funds
- Exempt altogether
- regimental funds
- approved employee welfare funds
- insurers' pension funds
- notified educational and medical institutions
- Politics
- political parties
- electoral trusts
Remember
- Local authority: house property, capital gains and other sources income, and business income from supplies within its area, or water or electricity anywhere.
- Professional bodies lose the exemption on property income, fees for specific services and investment income.
- Registered trade unions: house property and other sources income only.
- Political parties and electoral trusts have a Schedule of their own.
The full notes1 min
The rest of Schedule III and Schedules V to VIII exclude the income of bodies rather than individuals: a local authority (its house property, capital gains and other sources income, and business income from supplying goods or services within its area, or water or electricity anywhere); approved research associations; approved bodies of the legal, medical, accountancy, engineering and similar professions (except property income, fees for specific services and investment income); khadi and village industries institutions; securitisation trusts; investor protection funds of stock and commodity exchanges and depositories; core settlement guarantee funds; registered trade unions (house property and other sources income); provident funds under the 1925 Act (interest and gains on their securities); notified international sporting events, treaty bodies and regulatory bodies; investment funds, business trusts and IFSC units (Schedules V and VI); exempt persons such as regimental funds of the armed forces, approved employee welfare funds, insurers' pension funds, State khadi boards and notified educational and medical institutions (Schedule VII); and political parties and electoral trusts (s. 12, Schedule VIII).
1.4Lessons from Kautilya's taxation policy
6 min read
Kautilya's Arthashastra treats the treasury as the base of the State and sets out how to fill it without ruining those who pay; most of its rules are early forms of the principles a sound tax system still follows.
Not asked yet in the papers we hold
In simple words
This topic looks at an old Indian book on running a State, Kautilya's Arthashastra. It treats the treasury as the base of the State. It then asks how to fill the treasury without ruining those who pay. Most of its rules are early forms of what a sound tax system still follows. First come Kautilya's own rules, then the lesson each holds for today's tax system.
- 1Say who Kautilya was and why he put the treasury first.
- 2Set out his rules: moderation, ability to pay, convenience, certainty, economy, a wide base and the rest.
- 3Match each rule to a feature of today's tax system.
1.4.1Kautilya's principles of taxation
In simple words
Kautilya, also called Chanakya, was minister to Chandragupta Maurya. He wrote the Arthashastra, a book on running a State. He put the treasury before the army, because everything a State does depends on it. His key idea is moderation. Take tax the way a gardener picks ripe fruit, never hurting the tree. Around this sit rules much like today's: ability to pay, convenience, certainty, economy and a wide base.
Kautilya's rules of taxation
- How much to take
- moderation
- ability to pay
- extra demands used sparingly
- When and how to take it
- convenience
- certainty
- economy
- From whom
- a wide base
- incentives and relief
- Control and use
- honest administration
- welfare
Remember
- The treasury comes before the army, since every undertaking of the State depends on it.
- Moderation: a gardener picks fruit only as it ripens. Tax must never destroy the payer's power to produce. A bee taking nectar without harming the flower is often used for the same idea.
- Ability to pay: the land tax was a share of the produce, usually one-sixth, varied by the land's quality and its source of water.
- Convenience: collected when the payer had the means, such as at harvest. Certainty: rates, dues and dates fixed and recorded.
- Remission for new farmland or irrigation works, and relief in famine and other calamities.
- Extra demands only in a real crisis, and only once.
The full notes1 min
Kautilya, also known as Chanakya, minister to Chandragupta Maurya, wrote the Arthashastra, a treatise on running a State. He placed the treasury before the army among the elements of the State, since every undertaking of the State depends on it. His rules for raising revenue:
- Moderation. Revenue should be gathered the way a gardener picks fruit as it ripens; picking unripe fruit hurts the tree and yields little. Tax must never destroy the payer's power to produce. The image of a bee taking nectar without harming the flower is often used for the same idea.
- Ability to pay. The land tax was a share of the produce, usually one-sixth, varied with the quality of the land and its source of water.
- Convenience. Tax was collected when the payer had the means, such as at harvest.
- Certainty. Rates, dues and times of payment were fixed and recorded, and officials kept accounts open to audit.
- Economy. Collection was organised under a chief collector and a treasurer, so that little of what was gathered was lost on the way to the treasury.
- A wide base. Revenue came from land, customs and tolls, trade, mines, forests and many other sources, so no single class bore the whole load.
- Incentives and relief. People who brought new land under the plough or built irrigation works got remission for some years, and relief was given in famine and other calamities.
- Elasticity, used sparingly. Extra demands were allowed only in a real crisis, and only once.
- Honest administration. Collectors were watched closely, and embezzlement and evasion were punished.
- Welfare. Revenue was to be spent on protecting and improving the lives of the people; the king's own good lay in theirs.
1.4.2Lessons for today's tax system
In simple words
Kautilya's rules still fit a modern tax system. Moderate rates on a broad base raise more over time. Tax cut at source and advance tax collect money as income arises, when the payer can bear it. Clear law and fixed dates give certainty. Progressive slabs and reliefs follow the ability to pay. Electronic filing cuts costs. Revenue should come back to people as public services.
Kautilya's rule and today's tax system
- Moderation
- moderate rates on a broad base
- the lower slab rates of the default regime
- Convenience
- tax deducted at source
- advance tax
- Certainty
- clear law, fixed rates and fixed dates
- one tax year instead of two-year language
- Equity
- progressive slabs
- reliefs for older people, the disabled and small incomes
- Economy and incentives
- electronic filing and processing
- exemptions and deductions for saving, farming, investment
- Administration and welfare
- punish evasion, protect honest payers
- the 4% Health and Education Cess
Remember
- Moderate rates on a broad base yield more over time than heavy rates on a few.
- Take tax when and as the payer can bear it: deduction at source and advance tax.
- Certainty: clear law, fixed rates and fixed dates. The single tax year of the 2025 Act replaces the old two-year language.
- Equity: progressive slabs, and reliefs for older people, the disabled and small incomes.
- Firm but fair administration: punish evasion, protect honest payers, keep officials accountable.
- Welfare: revenue should visibly return as public services. The 4% Health and Education Cess funds health and education.
The full notes1 min
- Moderate rates on a broad base yield more over time than heavy rates on a few; the lower slab rates of the default regime rest on the same idea.
- Tax should be taken when and as the payer can bear it: deduction at source and advance tax collect it as income arises.
- Certainty: clear law, fixed rates and fixed dates let the payer know his liability; the single tax year of the 2025 Act replaces the old two-year language.
- Equity: progressive slabs, and reliefs for older people, the disabled and small incomes, follow the ability to pay.
- Economy and simplicity: electronic filing and processing cut the cost of collection for the State and of compliance for the payer.
- Incentives: exemptions and deductions reward saving, farming and productive investment.
- Firm but fair administration: punish evasion, protect honest payers and keep officials accountable.
- Welfare: revenue should visibly return as public services; the 4% Health and Education Cess is levied to fund health and education.
Unit 2
Computation of income from salaries and house property
2 topics · 1 h 09 min to read · 32% of the marks DU has asked
2.1Income from salaries
44 min read
Everything an employee gets from a present, former or future employer for his work is taxed here: pay, allowances, perquisites, retirement benefits and compensation. Add the taxable part of each item to reach gross salary, then take the deductions of s. 19(1) to reach the income under the head.
2.1.1What is taxed as salary
2.1.2Basis of charge: due, received, arrears and advance
2.1.3Allowances
2.1.4Perquisites
2.1.5Gratuity
2.1.6Leave salary
2.1.7Pension
2.1.8Provident funds and other retirement funds
2.1.9Profits in lieu of salary, retrenchment and voluntary retirement
2.1.10Deductions from salary
2.1.11Computation of income from salaries
2.2Income from house property
25 min read
The owner of a building is taxed on its annual value: what it could fetch if let, or the higher rent it actually earns. From that value come the municipal taxes he paid, a flat 30% and the interest on money borrowed for it. A house he lives in has a nil value, so only its interest, within a ceiling, is left.
2.2.1What is charged, and on whom
2.2.2Annual value of a let-out house
2.2.3Self-occupied, deemed let-out and other nil-value houses
2.2.4Deductions: the 30% and interest on borrowed capital
2.2.5Arrears of rent and unrealised rent recovered
2.2.6Co-owned property
2.2.7Computation of income from house property
Unit 3
Computation of income from business or profession and capital gains
2 topics · 1 h 46 min to read · 29% of the marks DU has asked
3.1Profits and gains of business or profession
56 min read
This head taxes the profit of a business or profession. Start from the profit the accounts show, put back what the Act does not allow, take out what belongs to other heads, and allow depreciation and the other allowances by the Act's own rules. Small traders, professionals and truck owners may instead declare a fixed presumptive income.
3.1.1What is charged here
3.1.2Method of accounting and valuation of stock
3.1.3Allowable expenses and the general deduction
3.1.4Depreciation
3.1.5Other allowances for capital and long-term spending
3.1.6Expenses the Act disallows
3.1.7Sums allowed only on actual payment
3.1.8Bad debts
3.1.9Books of account and tax audit
3.1.10Presumptive income
3.1.11The computation from the profit and loss account
3.2Capital gains
50 min read
A gain on transferring a capital asset is income of the year of transfer: the full value of the consideration, less transfer expenses and the cost of acquisition and improvement. The holding period makes it short-term or long-term; reinvesting in a house, farm land or specified bonds can exempt it; and each kind of gain has its own rate.
3.2.1Capital asset and transfer
3.2.2Short-term and long-term
3.2.3Full value of consideration
3.2.4Cost of acquisition and improvement
3.2.5Special cases of charge
3.2.6Exemption: house sold, house bought
3.2.7Exemption: farm land for farm land
3.2.8Exemption: specified bonds
3.2.9Exemption: any other long-term asset into a house
3.2.10Other exemptions
3.2.11The capital gains account scheme
3.2.12Rates of tax for tax year 2026-27
3.2.13The computation, step by step
Unit 4
Income from other sources, clubbing of income and set-off
3 topics · 1 h 20 min to read · 9% of the marks DU has asked
4.1Income from other sources
33 min read
The last and residual head. It taxes any income that is not exempt and fits no other head, together with named items such as dividends, interest, winnings and gifts. Take each item gross, deduct only what s. 93 allows, and keep winnings apart for their flat 30% rate.
4.1.1What the head covers
4.1.2Dividends and interest
4.1.3Winnings from lotteries, games and races
4.1.4Gifts and receipts for inadequate consideration
4.1.5Family pension, interest on compensation and other items
4.1.6Bond washing, dividend stripping and bonus stripping
4.1.7Deductions allowed and not allowed
4.1.8Computation layout
4.2Clubbing of income: income of other persons included in total income
22 min read
To stop a family spreading one income over several lower slabs, the Act taxes some income of a spouse, a son's wife, a minor child or a transferee in the hands of the individual behind it. Identify the case, find whose income it joins, and add it under its own head; a loss travels the same way.
4.2.1What clubbing does
4.2.2Transfers of income and revocable transfers
4.2.3Spouse's remuneration from a concern with substantial interest
4.2.4Assets transferred to the spouse
4.2.5Son's wife, transfers for their benefit, and converted HUF property
4.2.6Income of a minor child
4.2.7Summary of the clubbing cases
4.3Aggregation of income; set-off and carry forward of losses
25 min read
Total income is the five heads added together, with clubbed and deemed incomes brought in. A loss is set off first inside its own head and then against other heads where the Act allows; the rest is carried forward for a fixed number of years, against the same kind of income only.
4.3.1Aggregation of income
4.3.2Set-off within the same head
4.3.3Set-off against other heads
4.3.4Losses kept within their own class
4.3.5Carry forward and set off
4.3.6Unabsorbed depreciation
4.3.7Losses under the default tax regime
4.3.8Order of set-off and the computation
Unit 5
Deductions and computation of total income and tax liability
3 topics · 1 h 42 min to read · 12% of the marks DU has asked
5.1Deductions from gross total income
44 min read
Chapter VIII deductions come off gross total income to give total income. Each has its own conditions and ceiling; most are open only under the old regime, and the default regime keeps just three.
5.1.1How deductions work
5.1.2Life insurance, provident funds and other savings
5.1.3Pension contributions and the Agniveer fund
5.1.4Health insurance and preventive check-ups
5.1.5Disability and specified diseases
5.1.6Interest on loans: higher education, a first house, an electric vehicle
5.1.7Donations and political contributions
5.1.8Rent paid without house rent allowance
5.1.9Interest on deposits
5.1.10Deductions linked to professional and business income
5.1.11Deductions at a glance, and the default regime
5.2Rebates and reliefs; computation of total income and tax liability of individuals
32 min read
Total income is the sum of the heads after set-off and deductions. Tax on it is worked out at slab rates under the default or the old regime, with flat rates for some incomes, then adjusted for rebate, surcharge, cess and reliefs before tax already paid is credited.
5.2.1From income to tax payable
5.2.2The default regime and the old regime: slab rates
5.2.3Opting out of the default regime
5.2.4Income taxed at special rates
5.2.5Agricultural income: partial integration
5.2.6Rebate for resident individuals
5.2.7Surcharge, marginal relief and cess
5.2.8Relief for arrears and advance salary
5.2.9Relief for tax paid abroad
5.2.10Worked example: the two regimes compared
5.3Online filing of returns of income, and TDS
26 min read
An individual whose income crosses the basic exemption limit, or who meets certain other tests, files an online return by a due date that depends on his income. Tax already deducted at source by payers is credited against the tax due.