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.
1.1.1Income
1.1.2Agricultural income
1.1.3Person
1.1.4Assessee
1.1.5Tax year (formerly previous year and assessment year)
1.1.6Gross total income
1.1.7Total income
1.1.8Maximum marginal rate
1.1.9Permanent Account Number
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.
1.2.1Residential status: meaning and classes
1.2.2Individual: resident or non-resident
1.2.3Deemed residence and income from foreign sources
1.2.4Ordinarily resident or not ordinarily resident
1.2.5HUF, firm, AOP, company and other persons
1.2.6Scope of total income
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.
1.3.1How section 11 works
1.3.2Agricultural income and partial integration
1.3.3Sum from an HUF and a partner's share of profit
1.3.4Sums received under a life insurance policy
1.3.5Provident, pension and savings funds
1.3.6Allowances, pensions and other employment receipts
1.3.7Other receipts of individuals
1.3.8Non-residents and foreign citizens
1.3.9Institutions and other bodies
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.
1.4.1Kautilya's principles of taxation
1.4.2Lessons for today's tax system
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.
Asked in exams 536 marks in all
Older papers CBCS syllabus, set under the 1961 Act
- November–December 2020, onlineQ6Gifts taxed under section 56(2), and the deductions under sections 80C and 80D (as set, 1961 Act, AY 2020-21)13 marks
- November–December 2018Q5 (b)Tax treatment of a sum of money received as a gift under section 56(2) (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2017Q5 OR (b)Gifts, dividends and interest: total income and tax (as set, 1961 Act, AY 2017-18)6 marksBeing checked
- November–December 2016Q4 (b)Taxation of a gift of money received by an individual (as set, 1961 Act, AY 2016-17)5 marks
- November–December 2018Q4 (b)B.Com (Hons.)Gifts, a property bought below stamp duty value, lottery winnings and other income of a senior citizen (as set, 1961 Act, AY 2018-19)6 marks
In simple words
Every income has to sit under one head. Income from other sources is the last head. It takes any income that is not exempt and fits no other head. The law also sends some named items here: dividends, interest, winnings and gifts among them. Each item is taken at its gross amount. Only the deduction that item is allowed comes off. Winnings stay on a separate line, because they are taxed at a flat 30%.
- 1Check the item is not exempt and that no other head takes it.
- 2Write each item at its gross amount, grossing up any tax deducted at source.
- 3Take off only the deduction that item is allowed; nothing from dividends or winnings.
- 4Add up, with winnings on a separate line taxed at 30%.
4.1.1What the head covers
In simple words
Think of the heads of income as named boxes: salaries, house property, business or profession, and capital gains. Income that is not exempt and fits none of those boxes drops into the last one. That last box is income from other sources, the residual head. The law also names some items that always come here, such as dividends, winnings and gifts. A few of them come here only when they are not business income.
1Is it excluded from total income?
- YesNot taxed at all
- Nogo to 2
2Is it one of the items the Act names for this head, such as dividends, winnings or gifts?
- Nogo to 4
- Yesgo to 3
3Does this item come here only when it is not business (or salary) income, and is it business (or salary) income in his hands?
- YesThe business or salary head
- NoIncome from other sources
4Is it taxable as salaries, house property, business or profession, or capital gains?
- YesThat head
- NoIncome from other sources
Items the Act sends to this head
- Always
- dividends
- winnings
- an advance forfeited when the sale of a capital asset falls through
- interest on compensation
- compensation for losing a job or changing its terms
- money or property received free or for too little
- Only when not business income
- employees' contributions received by the employer
- interest on securities
- hire of machinery, plant or furniture (and a building let with them)
- Only when neither business nor salary income
- sums under a Keyman insurance policy
- Only the part above what was paid or taxed
- business trust payouts above issue price and amounts taxed earlier
- non-exempt life policy sums (not unit linked or Keyman) above premiums not deducted earlier
Remember
- Test the other four heads first. This head takes only what is left.
- Interest on an income-tax refund is taxed here. The refund itself is not income.
- Rent from a vacant plot, or from sub-letting a rented house, comes here. House property taxes only an owner, and only on buildings and their land.
- Income here follows the cash or mercantile system he regularly uses. Interest on compensation is taxed in the year it is received.
- Slip: interest earned by a money-lender, or hire earned by a machine-letting business, is business income. Presents a professional gets from clients are professional receipts, not gifts.
The full notes2 min
Income of every kind that is not excluded from total income, and is not taxable as salaries, house property, business or profession, or capital gains, is taxed under income from other sources (s. 92(1), read with s. 13). Test an item against the other four heads first; this head takes what is left. Typical residual items are interest on bank, co-operative bank and post office deposits, interest on loans given to others, interest on an income-tax refund (the refund itself is not income), and rent from a vacant plot or from sub-letting a rented house (house property taxes only an owner, and only on buildings and the land attached to them, s. 20(1)).
The Act also names items that are always taxed here (s. 92(2)), several of them only when they are not business income:
| Item | s. 92(2) |
|---|---|
| Dividends | (a) |
| Winnings from lotteries, crossword puzzles, races, card and other games, gambling or betting | (b) |
| Employees' contributions to provident, superannuation, ESI or welfare funds received by the employer (if not business income) | (c) |
| Sums received under a Keyman insurance policy, bonus included (if not business or salary income) | (d) |
| Interest on securities (if not business income) | (e) |
| Hire of machinery, plant or furniture, and of a building let with them where the two lettings cannot be separated (if not business income) | (f), (g) |
| An advance forfeited when negotiations to transfer a capital asset fail | (h) |
| Interest on compensation or enhanced compensation | (i) |
| Compensation for the termination of employment or a change in its terms | (j) |
| Sums a business trust distributes to a unit holder, so far as they exceed the unit's issue price and the amount taxed earlier (sums taxed in other ways are left out) | (k) |
| A non-exempt sum under a life insurance policy (other than a unit linked or Keyman policy), so far as it exceeds the premiums paid and not deducted earlier | (l) |
| Money or property received free or for less than its value | (m) |
Income here is computed on the cash or mercantile system the assessee regularly follows, subject to any notified income computation and disclosure standards (s. 276(1), (2)), but interest on compensation is taxed in the year it is received (s. 278(1)).
Rule
An item comes here only if no other head claims it. Interest earned by a money-lender, or hire charges earned by a business of letting out machines, is business income; presents a professional receives from clients are professional receipts, not gifts.
4.1.2Dividends and interest
In simple words
A dividend is the share of profit a company pays out to its shareholders. The law stretches the word. Some other things a company hands out count too, as far as it has accumulated profits. Even a loan from a closely held company to a big shareholder can be a deemed dividend. A resident pays tax on dividends at the normal slab rates, and nothing at all comes off them. Interest on securities is interest on government securities and on debentures of companies, local authorities and statutory corporations. Interest is always taken gross, before tax deducted at source.
Dividend includes, as far as the company has accumulated profits
- Assets handed out
- any distribution that releases company assets to shareholders
- Paper handed out
- debentures or deposit certificates to shareholders
- bonus shares to preference shareholders
- Winding up or cutting capital
- a distribution on liquidation
- a distribution on reduction of capital
- Loans by a closely held company
- to a shareholder with at least 10% of voting power (fixed-dividend shares not counted)
- to a concern where he is member or partner with substantial interest
- a payment on his behalf or for his benefit
- Not a dividend
- a routine loan by a company where lending is a substantial part of business
- a later dividend set off against a loan already treated as dividend
- shares a resulting company issues in a demerger
- a share buy-back payment, from 1 April 2026
- Dividends, with nothing taken off
- +Interest on securities, less a reasonable commission for collecting it
- +Other interest, grossed up (credited × 100/90 where 10% tax was deducted), less spending wholly and exclusively to earn it
- =Income from other sources from these items
Remember
- Nothing comes off dividends, or off income from units of the named mutual funds and the specified UTI company.
- A resident's dividends from Indian and foreign companies are both taxed at normal slab rates.
- A dividend belongs to the year it is declared, distributed or paid. An interim dividend belongs to the year it is unconditionally made available.
- Interest credited after 10% tax: income is the amount × 100/90, and the tax is credited against final tax.
- The deduction for deposit interest is not taken here. It comes off gross total income.
- Slip: the old allowance of interest up to 20% of the dividend is gone from 1 April 2026. For tax year 2026-27 nothing comes off dividends.
The full notes3 min
Dividend (s. 2(40)) includes, in each case to the extent the company has accumulated profits:
- a distribution that releases any of the company's assets to its shareholders;
- debentures or deposit certificates distributed to shareholders, and bonus shares issued to preference shareholders;
- a distribution on liquidation or on a reduction of capital;
- a loan or advance by a closely held company to a shareholder who beneficially holds at least 10% of the voting power (fixed-dividend shares do not count), or to a concern in which he is a member or partner and has a substantial interest, or a payment made on his behalf or for his benefit.
Among the exclusions: a loan made in the ordinary course of business by a company for which lending is a substantial part of its business; a later dividend set off against a loan already treated as a dividend, to that extent; and shares a resulting company issues to the demerged company's shareholders in a demerger. From 1 April 2026 a payment for buying back shares is not a dividend either (the Finance Act, 2026, s. 35 omitted s. 2(40)(f)).
A dividend is income of the year in which it is declared, distributed or paid; an interim dividend, of the year in which it is unconditionally made available to the member (s. 7(2)). For a resident, dividends from Indian and foreign companies alike are taxed at the normal slab rates. No deduction at all is allowed against dividends, or against income from units of a mutual fund of Schedule VII (Table: Sl. No. 20 or 21) or of the specified UTI company (s. 93(2), substituted by the Finance Act, 2026, s. 44).
Interest on securities is interest on Central or State Government securities, and on debentures or other securities issued by a local authority, a company or a corporation set up by a Central, State or Provincial Act (s. 2(60)). A reasonable commission paid to a banker or agent for collecting it is deductible (s. 93(1)(a)). Other interest is residual income, against which revenue expenses incurred wholly and exclusively to earn it are deductible (s. 93(1)(e)). The deduction for deposit interest under s. 153 is not taken here; it comes off gross total income (U5).
Take interest gross: where a bank has deducted tax at 10%, the income is the amount credited × 100/90, and the tax deducted is credited against the final tax.
Worked example
Ritu gets a dividend of ₹45,000 from an Indian company, on shares bought with a loan that cost her ₹6,000 in interest, and fixed deposit interest of ₹27,000 credited after 10% tax deducted at source.
Dividend: ₹45,000; the ₹6,000 of interest is not deductible.
Deposit interest: ₹27,000 × 100/90 = ₹30,000, with a tax credit of ₹3,000.
Income from other sources: ₹75,000.
Exam trap
The Act as first enacted allowed interest on borrowings up to 20% of the dividend. The Finance Act, 2026 removed that from 1 April 2026, so for tax year 2026-27 nothing is deducted from dividends.
Under the 1961 Act (older papers)
Older papers may treat dividends referred to in s. 115-O as exempt under s. 10(34), except those taxed under s. 115BBDA; follow the paper's year.
4.1.3Winnings from lotteries, games and races
what was asked
Current syllabus UGCF papers, newest first
In simple words
Money won by luck is called winnings, or casual income. It covers lotteries, crossword puzzles, races, card games and other games, gambling and betting. A television or electronic game show counts as a game. The gross winnings are taxed at a flat 30%, from the first rupee. Nothing comes off them, not even the ticket. The rest of his income is taxed at normal rates, as if the winnings were not there. A prize paid after tax was deducted is grossed up first.
- Amount received after tax deducted at 30%
- ×100/70
- =Gross winnings, shown in full under other sources
- ×30%, from the first rupee
- =Tax on the winnings, plus cess
Remember
- Gross winnings: flat 30%. Other income: normal rates, worked out on its own.
- Nothing comes off winnings: no expense, no ticket cost, no deduction, no set-off of any loss, no basic exemption limit.
- A lottery includes any prize given by draw of lots or by chance.
- Net winnings from online games are also taxed at 30%, worked out as the rules prescribe.
- A race horse owner's income from owning and keeping horses is computed normally, with its expenses. Its losses stay inside that activity.
- Slip: a loss on lottery tickets or betting is not taken off winnings or any other income. Leave it out.
The full notes2 min
Winnings, often called casual income, come from lotteries and crossword puzzles, from races (horse races too), from card games or any other game, and from gambling or betting of any kind (s. 92(2)(b)). A lottery includes any prize given by draw of lots or by chance under any scheme, and a game includes a television or electronic game show in which people compete for prizes (s. 92(5)(b), (e)).
- Flat rate. Gross winnings are taxed at 30% (s. 194(1), Table: Sl. No. 1), and net winnings from online games likewise, computed as the rules prescribe (Sl. No. 5). The rest of the income is taxed at the normal rates as if the winnings were not there.
- Nothing comes off. No expense or allowance of any kind is allowed against winnings, not even the cost of the ticket (s. 94(4)), so no Chapter VIII deduction is taken from them and no loss is set off against them. The basic exemption limit does not reach them either, since s. 194(1) taxes them at 30% from the first rupee.
- Gross up. A prize paid after tax deducted at 30% is the amount received × 100/70.
- Race horse owners. An owner's income from owning and maintaining race horses is computed in the normal way, with its expenses (s. 94(5)); its losses stay inside that activity (IT11).
Worked example
Meera, a salaried employee, wins a quiz-show prize credited at ₹1,40,000 after tax deducted at 30%.
Gross winnings = ₹1,40,000 × 100/70 = ₹2,00,000, shown in full under other sources.
Tax on them = 30% of ₹2,00,000 = ₹60,000, plus 4% cess (Finance Act, 2026, s. 3(15)), whatever her slab; surcharge comes in only if her total income passes ₹50,00,000 (s. 3(4)(b), Table: Sl. No. 1). The salary is taxed at slab rates on its own.
The ₹60,000 deducted at source is credited against her total tax.
Exam trap
A loss on lottery tickets or betting is not deducted from winnings and is not set off against any income. Leave it out of the computation.
4.1.4Gifts and receipts for inadequate consideration
all 5
Current syllabus UGCF papers, newest first
Older papers CBCS syllabus, set under the 1961 Act
- November–December 2020, onlineQ6Gifts taxed under section 56(2), and the deductions under sections 80C and 80D (as set, 1961 Act, AY 2020-21)13 marks
- November–December 2018Q5 (b)Tax treatment of a sum of money received as a gift under section 56(2) (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2016Q4 (b)Taxation of a gift of money received by an individual (as set, 1961 Act, AY 2016-17)5 marks
- November–December 2018Q4 (b)B.Com (Hons.)Gifts, a property bought below stamp duty value, lottery winnings and other income of a senior citizen (as set, 1961 Act, AY 2018-19)6 marks
In simple words
A present is usually not income. But money or property received free, or for too little, is taxed here once it crosses ₹50,000. For money, add up all such sums of the year. Above ₹50,000, the whole total is taxed. Property means only certain capital assets, such as land, shares, jewellery, art and bullion. Land or a building is valued at its stamp duty value. Other property is valued at its fair market value. Gifts from a relative, gifts at his own wedding, and a few other cases stay out of tax.
1Is it money, or property on the list (land or building, shares and securities, jewellery, art and collections, bullion, virtual digital assets)?
- NoNot caught, as with a car or a phone
- Yesgo to 2
2Does it fall in one of the exceptions, such as a relative, his own marriage, or a will or inheritance?
- YesNot taxed
- Nogo to 3
3Was it received free, without paying anything?
- Nogo to 5
- Yesgo to 4
4Taking money as the year's total, land at stamp duty value and other property at total fair market value, is it above ₹50,000?
- YesThe whole value is taxed
- NoNot taxed
5Is it land or a building?
- Nogo to 7
- Yesgo to 6
6Does the stamp duty value exceed the price by more than the higher of ₹50,000 and 10% of the price?
- YesStamp duty value minus price is taxed
- NoNot taxed
7Is it listed property other than money, with a total fair market value above the price by more than ₹50,000?
- YesFair market value minus price is taxed
- NoNot taxed
Not taxed when received
- From certain givers
- a relative
- a local authority
- a registered non-profit body, or by one, unless he is its related person
- On certain occasions
- his own marriage, from anyone (not a birthday or anniversary)
- under a will or by inheritance
- in contemplation of the giver's death
- Other cases
- not a transfer, such as a Hindu undivided family's partition or an amalgamation
- by a trust, from an individual, set up only for his relative
- from a class of persons the rules prescribe
Remember
- Money: add the year's sums from every giver outside the exceptions. Once the total passes ₹50,000, all of it is taxed.
- Property means land or building, shares and securities, jewellery, archaeological collections, drawings, paintings, sculptures, any work of art, bullion and virtual digital assets.
- Relative: spouse; brother or sister; spouse's brother or sister; a parent's brother or sister; any lineal ascendant or descendant of him or his spouse; and the spouse of each of these. For a Hindu undivided family (HUF), every member.
- Land bought by agreement: if part of the price was paid by bank or online mode by the agreement date, take the stamp duty value on that date.
- When such property is later sold, its cost for capital gains is the value taxed here.
- Slip: the relative list is not two-way. Uncle to nephew is exempt, but nephew to uncle is taxed.
The full notes4 min
When any person receives money or property from any person or persons in a tax year, free or for too little, s. 92(2)(m) taxes it as follows:
| Receipt | Taxed if | Amount taxed |
|---|---|---|
| Money, without consideration | the year's total of such sums exceeds ₹50,000 | the whole total |
| Land or building, without consideration | its stamp duty value exceeds ₹50,000 | the stamp duty value |
| Land or building, for a consideration | the stamp duty value exceeds the price by more than the higher of ₹50,000 and 10% of the price | stamp duty value minus price |
| Other property, without consideration | the aggregate fair market value exceeds ₹50,000 | the whole aggregate fair market value |
| Other property, for a consideration | the aggregate fair market value exceeds the price by more than ₹50,000 | fair market value minus price |
Property means these capital assets of the receiver: land or building, shares and securities, jewellery, archaeological collections, drawings, paintings, sculptures, any work of art, bullion and virtual digital assets (s. 92(5)(f)). A car or a phone is outside the rule. The fair market value of property other than land or building is found by the method the rules prescribe (s. 92(5)(c)). Jewellery covers ornaments of gold, silver, platinum or any other precious metal or alloy, with or without stones, and precious or semi-precious stones, whether or not set or sewn into anything (s. 2(22), applied by s. 92(5)(d)).
For land or building (s. 92(4)):
- where the agreement fixing the price and the registration fall on different dates, take the stamp duty value on the date of agreement, if any part of the price was paid by a specified banking or online mode on or before that date;
- if the assessee disputes the stamp duty value, the Assessing Officer may refer the valuation to a Valuation Officer.
When property taxed under this rule is later sold, its cost for capital gains is the value that was taxed here (s. 73, Table: Sl. No. 17).
Exceptions. Nothing is taxed if the money or property is received (s. 92(3)):
- from a relative;
- on the occasion of the individual's own marriage (not a birthday or an anniversary), from anyone;
- under a will or by inheritance;
- in contemplation of the death of the payer or donor;
- from a local authority;
- from or by a registered non-profit organisation, unless the receiver is one of its related persons (s. 355(h)): its founder; anyone who has given it more than ₹1,00,000 in the year or more than ₹10,00,000 in all; a member of the family where the founder or such a giver is an HUF; a trustee or manager; a relative of the founder, of such a family member or of a trustee or manager; or a concern in which any of these, other than the giver, has a substantial interest;
- through a transaction that is not a transfer under one of the clauses of s. 70(1) that s. 92(3)(g) lists, such as a distribution of assets on the partition of an HUF or a transfer in an amalgamation;
- by a trust, from an individual, where the trust was created solely for the benefit of that individual's relative;
- from a class of persons the rules prescribe, on the prescribed conditions.
Relative of an individual (s. 92(5)(g)) means: the spouse; a brother or sister; a brother or sister of the spouse; a brother or sister of either parent; any lineal ascendant or descendant, on the mother's or the father's side; any lineal ascendant or descendant of the spouse; and the spouse of anyone in the second to sixth items. For an HUF, every member is a relative.
Worked example
In tax year 2026-27 Kabir receives ₹30,000 from a friend on his birthday, ₹25,000 from a colleague, ₹2,00,000 from his mother's sister and ₹80,000 from friends at his own wedding. He also buys listed shares worth ₹3,20,000 from a friend for ₹2,90,000.
Mother's sister: a relative, so exempt. Wedding gifts: exempt, whoever gives them.
Friend and colleague: ₹55,000 in all, above ₹50,000, so the whole ₹55,000 is taxed.
Shares: the shortfall of ₹30,000 is not above ₹50,000, so nothing is taxed.
Exam trap
The ₹50,000 test is applied to the year's total from all givers outside the exceptions, and once it is crossed the whole amount is taxed, not just the part above ₹50,000.
Exam trap
The relative list is not two-way. A gift from an uncle (a parent's brother) to his nephew is exempt, but a gift from the nephew to the uncle is taxed, because a brother's child is not on the uncle's list.
4.1.5Family pension, interest on compensation and other items
In simple words
When an employee dies, the employer may pay his family a regular monthly sum. This is family pension. The person receiving it never worked for the employer, so it is not salary. It is taxed here, with a fixed amount taken off. Interest on enhanced compensation is extra interest paid, for example, when land is compulsorily acquired. It is taxed in the year it is received, and half of it comes off.
1Was the employee a government servant awarded the Param Vir Chakra, Maha Vir Chakra, Vir Chakra or another notified gallantry award?
- YesFully exempt
- Nogo to 2
2Is the receiver the widow, child or nominated heir of an armed forces member (paramilitary included) who died on operational duty?
- YesFully exempt, if the prescribed conditions are met
- Nogo to 3
3Is tax worked out under the default regime?
- YesTaxed, less the lower of one-third and ₹25,000
- NoTaxed, less the lower of one-third and ₹15,000
- Interest received in the year, whatever the accounting method
- −Flat 50%, and nothing else
- =Taxed under other sources
Remember
- Family pension: deduct the lower of one-third and ₹25,000 (default regime) or ₹15,000 (old regime).
- Interest on compensation: taxed in the year received, less 50%, with no other deduction.
- Exempt from tax year 2026-27: interest on compensation from a Motor Accident Claims Tribunal, and an individual's or HUF's income from a land acquisition award or agreement under the 2013 Act, save one excepted provision.
- Also taxed here: an advance forfeited on a failed sale of a capital asset, and compensation for losing a job or changing its terms.
- A Keyman policy is a life policy on someone who is or was his employee or tied to his business. Its sums come here when neither business nor salary income.
- Slip: interest covering several past years is not spread back over them. All of it is taxed in the year of receipt.
The full notes3 min
Family pension is a regular monthly amount the employer pays to a member of the family of an employee who has died (s. 93(1)(d)). The receiver was never the employer's employee, so it is taxed here, not as salary. Deduct the lower of one-third of the pension and:
- ₹25,000, where tax is computed under the default regime of s. 202(1); or
- ₹15,000, in any other case (the old regime).
Family pension is fully exempt for the family of a government servant awarded the Param Vir Chakra, Maha Vir Chakra, Vir Chakra or another notified gallantry award (Schedule III, Sl. No. 15), and for the widow, children or nominated heirs of a member of the armed forces (paramilitary forces included) who dies on operational duty, on prescribed conditions (Sl. No. 16). Arrears of family pension qualify for the relief of s. 157 (U5).
Interest on compensation or on enhanced compensation (for example, for land compulsorily acquired) is taxed in the year of receipt, whatever the accounting method (s. 278(1)), less a flat 50%, with no other deduction (s. 93(1)(f)). From tax year 2026-27 two cases are exempt (Schedule III, Sl. Nos. 38B and 38C, inserted by the Finance Act, 2026, s. 123): interest on compensation awarded by a Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988, for the individual or his legal heir; and, for an individual or HUF, income from an award or agreement for compulsory acquisition of land under the land acquisition Act of 2013, save under one excepted provision of that Act.
Other named items:
- an advance forfeited when negotiations to transfer a capital asset fail (s. 92(2)(h));
- compensation for losing an employment or for a change in its terms (s. 92(2)(j));
- a sum under a Keyman insurance policy, that is, a life policy a person takes on the life of someone who is or was his employee or is or was connected with his business, including such a policy later assigned (Schedule II, Note 1(c)), when it is neither business nor salary income (s. 92(2)(d));
- hire income from machinery, plant or furniture (s. 92(2)(f), (g)), against which insurance, local taxes, current repairs to premises and depreciation are allowed as for a business (s. 93(1)(c)).
Worked example
A widow receives a family pension of ₹18,000 a month and, in July 2026, ₹3,00,000 of interest on enhanced compensation for land acquired under a State law.
Family pension ₹2,16,000; one-third is ₹72,000, so the deduction is ₹25,000 (default regime) or ₹15,000 (old regime).
Interest: ₹3,00,000 less 50% = ₹1,50,000, all taxed in tax year 2026-27.
Income from other sources: ₹3,41,000 (default) or ₹3,51,000 (old).
Exam trap
Interest on enhanced compensation that covers several past years is not spread back over them. It is taxed in the year of receipt, and the 50% deduction is the only allowance.
4.1.6Bond washing, dividend stripping and bonus stripping
In simple words
These are three tricks with shares, bonds and units. Each one shifts income to someone else or makes a loss that is not real. The law undoes each trick. In bond washing, the owner parts with securities and takes them back later, so interest falling due in between goes to someone else. In dividend stripping, a person buys just before the record date, takes a tax-free dividend, then sells at a loss. Bonus stripping works the same way with free bonus shares.
The three tricks and the answer to each
- Bond washing
- owner sells or transfers securities, then buys back the same or similar ones
- interest paid to someone else in between is taxed as the owner's
- Dividend stripping
- buys securities or units within three months before the record date
- gets an exempt dividend or income on them
- sells securities within three months after it, units within nine months
- the loss is ignored, up to that dividend or income
- Bonus stripping
- buys securities or units within three months before the record date
- gets bonus securities or units free
- sells any originals within nine months after it, keeping any bonus ones
- the loss is ignored and becomes the cost of the bonus ones held
Remember
- Here, interest includes a dividend.
- A person with a beneficial interest in securities during the year, whose dealings leave him no income from them or less than day-to-day accrual would give, is taxed on the whole year's income from them.
- Escape for bond washing: he proves no tax was avoided, or that the avoidance was exceptional, not systematic, and absent in each of the three years before.
- Dividend stripping: the loss is ignored only up to the dividend or income received or receivable.
- Bonus stripping: the loss is not lost for good. It becomes the cost of the bonus securities or units still held.
The full notes2 min
Three devices that use securities to shift income or create artificial losses are countered by s. 175 (here interest includes a dividend, s. 175(11)(a)):
- Bond washing. Where an owner sells or transfers securities and later buys them back, or buys similar securities, any interest on them that becomes payable to someone else in between is taxed as the owner's income and not the other person's (s. 175(1)); buying similar securities cannot leave him worse off than buying back the originals (s. 175(2)). A person who had a beneficial interest in securities during the year, and whose dealings leave him with no income from them or with less than day-to-day accrual would give, is taxed on the whole year's income from those securities (s. 175(3)). Neither rule applies if he proves to the Assessing Officer that no tax was avoided, or that the avoidance was exceptional, not systematic, and absent in each of the three preceding years (s. 175(4)).
- Dividend stripping. A person buys securities or units within three months before the record date, receives or is due an exempt dividend or income on them, and sells the securities within three months after that date (units within nine months): the loss on the sale is ignored, up to the dividend or income received or receivable (s. 175(8)).
- Bonus stripping. A person buys securities or units within three months before the record date, receives bonus securities or units free on them, and sells all or any of the original ones within nine months after that date while keeping all or any of the bonus ones: the loss on the sale is ignored and becomes the cost of the bonus securities or units still held (s. 175(9), (10)).
Under the 1961 Act (older papers)
These rules are s. 94 of the 1961 Act.
4.1.7Deductions allowed and not allowed
In simple words
Against most income under this head, you take off what you spent to earn it. The test is revenue spending laid out wholly and exclusively to earn that income. Some items have their own fixed rule instead. A few get nothing at all: dividends, income from the named mutual funds, and winnings. Capital spending and personal spending never come off. Some business rules on disallowed payments apply here too.
What comes off income from other sources
- Interest on securities
- a reasonable commission paid to a banker or agent for collecting it
- Employees' contributions received
- sums credited to their accounts by the due date of the return
- Hire of machinery, plant or furniture
- insurance
- local taxes
- current repairs to premises
- depreciation
- Fixed cuts
- family pension, lower of one-third and ₹25,000 (default) or ₹15,000 (old)
- interest on compensation, 50% and nothing else
- The whole amount
- commuted pension from an approved fund of the Life Insurance Corporation or another insurer
- government death-cum-retirement gratuity received on the employee's death
- Any other income
- revenue spending laid out wholly and exclusively to earn it
What never comes off
- Nothing at all against
- dividends
- income from the named mutual funds
- winnings
- Wrong kind of spending
- capital expenditure
- personal expenses
- Payments abroad
- interest or salary payable outside India, with no tax deducted or paid on it
- Business disallowances
- 30% of a sum paid to a resident without deducting tax
- the excess paid to a relative or other specified person
- over ₹10,000 a day to one person, not by banking or online mode
Remember
- The general test: revenue spending laid out wholly and exclusively to earn the income.
- Commuted pension is wholly deducted when it comes from an approved fund of the Life Insurance Corporation set up on or after 1 August 1996, or of another insurer.
- Employees' contributions come off only if credited to their accounts by the due date of the return.
- An expense or loss allowed earlier and later recovered or waived is taxed in the year it is recovered.
- Slip: nothing comes off dividends or winnings, whatever was spent to earn them.
The full notes2 min
Allowed (s. 93(1)):
| Income | Deduction |
|---|---|
| Interest on securities | reasonable commission or remuneration paid to a banker or agent to collect it |
| Employees' contributions received | amounts credited to the employees' accounts by the due date of the return (s. 29(1)(e), as substituted by the Finance Act, 2026, s. 39) |
| Hire of machinery, plant or furniture | insurance, local taxes, current repairs to premises and depreciation |
| Family pension | lower of one-third and ₹25,000 (default regime) or ₹15,000 (old regime) |
| Interest on compensation | 50%, and nothing else |
| Commuted pension from an approved pension fund of the LIC (set up on or after 1 August 1996) or of another insurer (Schedule VII, Table: Sl. No. 3) | the whole amount |
| Death-cum-retirement gratuity under the Central Government's revised pension rules, the Central Civil Services (Pension) Rules, 2021 or a similar scheme for government or local authority staff (s. 19(2)(g)), received on the employee's death | the whole amount |
| Any other income | revenue expenditure laid out wholly and exclusively to earn it |
Not allowed:
- anything against dividends and named mutual fund income (s. 93(2)) or winnings (s. 94(4));
- capital expenditure, and personal expenses (s. 93(1)(e), s. 94(1)(a));
- interest or salary payable outside India, if no tax has been deducted at source or paid on it (s. 94(1)(b), (c));
- what the business rules disallow, such as 30% of a sum paid to a resident without deducting tax, the excessive part of a payment to a relative or other specified person, and a payment above ₹10,000 a day to one person made otherwise than by a specified banking or online mode (s. 94(2), applying ss. 29, 35(b)(i) and 36).
An expense or loss allowed earlier and later recovered or remitted is taxed in the year of recovery (s. 95, applying s. 38(1) to (4)).
4.1.8Computation layout
In simple words
Every sum on this head uses one layout. Write each item at its gross amount, before any tax deducted at source. Take off only the deduction that item is allowed. Show exempt receipts as nil, and say why. Keep winnings on their own line, because they are taxed at 30%. The tax deducted at source is then credited against the final tax.
- Dividends, with nothing taken off
- +Interest on securities, less collection charges
- +Bank interest, grossed up (credited × 100/90)
- +Family pension, less one-third limited to the cap
- +Exempt receipts, such as a gift from a brother: nil
- +Lottery prize, grossed up (credited × 100/70), taxed at 30%
- =Income from other sources
Remember
- Gross up whatever came after tax deducted: bank interest × 100/90, a lottery prize × 100/70.
- Take off the allowed deduction item by item. Nothing comes off dividends and winnings.
- Exempt items appear as nil, with the reason.
- Winnings are part of gross total income, but taxed at 30%.
- Slip: show the gross amount, never the amount credited. The tax deducted is credited against the final liability.
The full notes1 min
- List every item at its gross amount, grossing up anything received after tax deducted at source.
- Take off, item by item, the deduction s. 93 allows; nothing from dividends and winnings.
- Show exempt receipts (a gift from a relative, an exempt family pension) as nil, with the reason.
- Show winnings on a separate line: they are part of gross total income but taxed at 30%.
Facts: dividend ₹40,000; interest on Government securities ₹20,000 with collection charges of ₹500; bank interest of ₹36,000 credited after 10% tax deducted; family pension ₹1,20,000 under the old regime; a gift of ₹60,000 from a brother; a lottery prize of ₹70,000 credited after 30% tax deducted.
| Particulars | ₹ |
|---|---|
| Dividend (no deduction) | 40,000 |
| Interest on Government securities ₹20,000, less collection charges ₹500 | 19,500 |
| Bank interest: ₹36,000 × 100/90 | 40,000 |
| Family pension ₹1,20,000, less one-third limited to ₹15,000 | 1,05,000 |
| Gift from a brother (a relative) | Nil |
| Lottery prize: ₹70,000 × 100/70, taxed at 30% | 1,00,000 |
| Income from other sources | 3,04,500 |
Exam trap
Show the gross amount, not the amount credited, for anything received after tax deducted at source. The tax deducted is then credited against the final liability.
Under the 1961 Act (older papers)
Other sources is ss. 56 to 59: gifts s. 56(2)(x), interest on compensation s. 56(2)(viii) with the 50% deduction of s. 57(iv), family pension s. 57(iia), and winnings s. 58(4) (no deduction) with their rate in s. 115BB.
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.
Asked in exams 1372 marks in all
Current syllabus UGCF papers, newest first
- December 2025Q5 OR (a)Clubbing of a minor child's income with the parent's income6 marks
- December 2024Q4 (a)Clubbing of a spouse's income and a minor child's income6 marks
- December 2025Q5 OR (b)B.Com (Hons.)Clubbing of a minor child's income with the parent's income6 marks
- December 2024Q5 OR (b)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A)6 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q5 (b)Short note: clubbing of a minor child's income (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2019Q5 OR (b)Clubbing of a minor child's income under section 64(1A): a minor who sings at concerts (as set, 1961 Act, AY 2019-20)4 marks
- November–December 2018Q5 OR (a)Clubbing of a minor child's income with the parent's income (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2017Q4 OR (a)Clubbing of the income of a spouse and a minor child (as set, 1961 Act, AY 2017-18)6 marks
- December 2022Q1 (d)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A), with a computation for X, Mrs. X and their child (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2020, onlineQ6 (a)B.Com (Hons.)Income of a minor child from her own talent, and clubbing under section 64(1A) (as set, 1961 Act, AY 2020-21)6 marks
- November–December 2018Q5 (a)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A) (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2018Q5 (b)B.Com (Hons.)Philip John Plasket Thomas v. CIT: clubbing needs a spouse at the time of transfer (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2017Q5 (b)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A) (as set, 1961 Act, AY 2017-18)5 marks
In simple words
A family could save tax by spreading one income over several members, each in a lower slab. Clubbing stops this. The law adds some income of a spouse, a son's wife, a minor child or a person who received a transfer to the income of the individual behind it. The added income keeps its own head. A loss moves across in the same way.
- 1Find the clubbing case that fits, and test its exceptions.
- 2Find whose income it joins: the transferor, the spouse or parent with the greater income, or the parent who maintains the child.
- 3Compute the income under its own head.
- 4Add it, or set off the loss, in that person's total income.
4.2.1What clubbing does
all 7
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q5 (b)Short note: clubbing of a minor child's income (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2018Q5 OR (a)Clubbing of a minor child's income with the parent's income (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2017Q4 OR (a)Clubbing of the income of a spouse and a minor child (as set, 1961 Act, AY 2017-18)6 marks
- December 2022Q1 (d)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A), with a computation for X, Mrs. X and their child (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2018Q5 (a)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A) (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2018Q5 (b)B.Com (Hons.)Philip John Plasket Thomas v. CIT: clubbing needs a spouse at the time of transfer (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2017Q5 (b)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A) (as set, 1961 Act, AY 2017-18)5 marks
In simple words
Normally each person pays tax only on his own income. Sometimes the law adds another person's income to his. This is clubbing. The added income keeps its own head: rent stays house property income. It is then taxed at the slab rates of the person it joins. In the family cases, a loss is clubbed just like an income.
- 1Compute the other person's income under its own head.
- 2Leave out anything that is exempt in that person's hands.
- 3Add it to the total income of the person it is clubbed with. A loss is set off there on the same conditions.
- 4Tax it at that person's slab rates.
Remember
- Clubbed income keeps its head. Rent stays house property income, and interest stays income from other sources.
- It is taxed at the slabs of the person whose income it joins.
- In the spouse, son's wife, minor child and converted Hindu undivided family (HUF) property cases, income includes a loss.
- Income exempt in the other person's hands adds nothing when clubbed.
- The assessee pays the tax. But the Assessing Officer may demand the share of tax on the clubbed income from the person in whose name the asset stands. Joint holders are each liable for the whole.
The full notes1 min
A person normally pays tax only on his own income. Clubbing means including another person's income in the assessee's total income. These points apply to every case:
- The income keeps its head. Rent stays house property income and interest stays income from other sources; it is computed under that head and then added.
- It is taxed at the slabs of the person whose income it joins.
- The s. 99 cases (spouse, son's wife, minor child, converted HUF property) apply in computing the total income of an individual, and for them income includes a loss (s. 99(5)(d)). A loss from a clubbed source is set off in the assessee's own computation, on the same conditions as income.
- Income that is exempt in the other person's hands adds nothing when clubbed.
- The assessee pays the tax, but the Assessing Officer may serve a notice of demand on the person in whose name the asset stands for the part of the tax that relates to the clubbed income; joint holders are liable jointly and severally (s. 100).
4.2.2Transfers of income and revocable transfers
In simple words
A person may hand someone else the income from an asset but keep the asset. That income is still taxed as his. He may instead hand over the asset itself but keep a way to take it back. Such a revocable transfer leaves the income his too. A transfer here means any settlement, trust, covenant, agreement or arrangement.
1Did he pass on only the income, keeping the asset?
- YesTransferor's income
- Nogo to 2
2Can the transfer give him back any income or asset, or power over them, directly or indirectly?
- NoNot clubbed under these rules
- Yesgo to 3
3Can it be revoked during the beneficiary's life (a trust) or the transferee's life (any other transfer)?
- YesTransferor's income
- Nogo to 4
4Does he get any direct or indirect benefit from the income?
- YesTransferor's income
- NoNot his, until a power to revoke arises
Remember
- Passing on the income while keeping the asset never works, revocable or not.
- Revocable: the transfer allows him to get back any part of the income or assets, or regain power over them, directly or indirectly.
- The escape needs both: no revoking during the beneficiary's or transferee's lifetime, and no benefit to him from the income.
- Even then, the income becomes his as soon as the power to revoke arises.
The full notes1 min
- Income transferred, asset kept (s. 96). Income that reaches another person under a transfer, revocable or not, where the asset producing it is not itself transferred, is the transferor's income.
- Revocable transfer of assets (s. 97(1)). Income arising to any person from a revocable transfer of assets is the transferor's income.
A transfer includes any settlement, trust, covenant, agreement or arrangement. It is revocable if it provides for the re-transfer of any part of the income or assets to the transferor, directly or indirectly, or gives him any right to re-assume power over them, directly or indirectly (s. 98).
The rule of s. 97(1) does not apply if both conditions are met (s. 97(2)):
- the transfer is by a trust that cannot be revoked during the beneficiary's lifetime, or is any other transfer that cannot be revoked during the transferee's lifetime; and
- the transferor gets no direct or indirect benefit from the income.
Even then, the income becomes the transferor's as and when the power to revoke arises (s. 97(3)).
Worked example
Vivek gives his friend the right to the interest on his ₹10,00,000 of debentures for five years but keeps the debentures. The interest is taxed as Vivek's income each year (s. 96). Had he settled the debentures on a trust for his sister that cannot be revoked in her lifetime, with no benefit to himself, the income would not be his.
4.2.3Spouse's remuneration from a concern with substantial interest
what was asked
Current syllabus UGCF papers, newest first
In simple words
Suppose a person owns a big stake in a business, and the business pays his wife a salary. Her pay can be added to the income of whichever spouse earns more. This happens when he has a substantial interest in the concern: at least 20% of the votes or of the profits, alone or with relatives. Pay that comes solely from the spouse's own technical or professional knowledge, experience and qualification is not clubbed.
1At any time in the year, does the individual, alone or with relatives, hold at least 20% of the voting power (company) or of the profits (other concern)?
- NoNot clubbed
- Yesgo to 2
2Does the pay arise solely from the spouse's technical or professional knowledge, experience and qualification?
- YesNot clubbed
- NoClubbed with the spouse whose income, before it, is greater
Remember
- Pay means salary, commission, fees or any other remuneration, in cash or in kind.
- Substantial interest: 20% of voting power, leaving out fixed-dividend shares, or a right to 20% of profits, at any time in the year.
- Relative here: husband, wife, brother, sister, or any lineal ascendant or descendant.
- If both spouses have a substantial interest and both draw pay, both amounts go to the spouse with the greater income.
- Once clubbed with one spouse, it moves to the other only if the Assessing Officer, after giving that spouse a chance to be heard, finds it justified.
- Slip: a qualification alone does not save the pay. It must arise solely from using that knowledge and experience.
The full notes2 min
Salary, commission, fees or any other remuneration, in cash or kind, that the spouse receives from a concern where the individual holds a substantial interest is included in the individual's income (s. 99(1)(a)(i)).
Substantial interest (s. 99(5)(a)(iii)) exists if, at any time in the tax year:
- in a company, the individual alone or jointly with relatives beneficially owns shares carrying at least 20% of the voting power, leaving out shares with a fixed rate of dividend;
- in any other concern, the individual, alone or with relatives, has a right to at least 20% of its profits.
Here relative has its general meaning (s. 2(94)): husband, wife, brother, sister, or any lineal ascendant or descendant.
Exception. Income solely attributable to the spouse's technical or professional knowledge, experience and technical or professional qualification is not clubbed.
Whose income. It is included with the spouse whose total income, before this inclusion, is greater (s. 99(5)(a)(i)). So if both spouses have a substantial interest in the same concern and both draw remuneration from it, both amounts go to the spouse with the greater income. Once it has been included with one spouse, a later year's income goes to the other spouse only if the Assessing Officer, having given that other spouse an opportunity of being heard, is satisfied that the move is justified (s. 99(5)(a)(ii)).
Worked example
Nikhil, whose income is ₹18,00,000, owns 35% of the voting shares of a private company. His wife, who has no professional qualification and no other income, is its office manager on ₹5,40,000 a year.
Her salary income, computed under the head Salaries, is added to Nikhil's total income.
Had she been a chartered accountant paid only for her accounting work, nothing would be clubbed.
Exam trap
A qualification alone does not save the income. The pay must also arise solely from applying the spouse's technical or professional knowledge and experience.
4.2.4Assets transferred to the spouse
In simple words
If a person gives an asset to his spouse without getting its fair value back, the income from it is still taxed as his. Fair value here is adequate consideration. A change of form does not help: income from what the spouse buys with the gifted money is clubbed too. But income from reinvesting that income is the spouse's own. If the spouse puts the gift into a business or a firm, only a proportion of the income is clubbed.
1Was adequate consideration paid for it?
- YesNot clubbed
- Nogo to 2
2Was it given in connection with an agreement to live apart?
- YesNot clubbed
- Nogo to 3
3Was it given before the marriage?
- YesNot clubbed
- Nogo to 4
4Does the income arise after the marriage has ended?
- YesNot clubbed
- NoClubbed with the transferor
- Income or interest the spouse earns from the business or firm
- ×Value of the gifted asset invested there, on the first day of the tax year
- ÷Total investment or capital, on the first day of the tax year
- =Income clubbed with the transferor
Remember
- A house given this way makes the giver its deemed owner. He is taxed on it under house property.
- A cross-transfer (A gives to B's wife and B gives to A's wife) is an indirect gift to one's own spouse. Both are clubbed.
- Income from an asset bought with the gifted money, or from a deposit made with it, is clubbed. So is a capital gain when the spouse sells the gift.
- Income from reinvesting the income earned on the gift is the spouse's own.
- Slip: both values in the business formula are taken on the first day of the tax year. A gift made during the year adds nothing that year.
The full notes2 min
Income from an asset that an individual transfers, directly or indirectly, to the spouse otherwise than for adequate consideration is the individual's income (s. 99(1)(a)(ii)). Nothing is clubbed where:
- the transfer is for adequate consideration;
- it is made in connection with an agreement to live apart;
- the asset was given before the marriage, as that is not a transfer to a spouse; or
- the income arises after the marriage has ended.
Points that decide most questions:
- House property. A house so transferred makes the transferor its deemed owner (s. 25(a)); he is taxed on it under house property as his own income.
- Indirect transfers. In a cross-transfer (A gives an asset to B's wife and B gives one to A's wife), each is an indirect transfer to one's own spouse, so each is clubbed.
- Changed form. Income from an asset bought with the gifted money, or from a deposit made with it, still arises from the transferred asset and is clubbed; so is a capital gain when the spouse sells the gifted asset.
- Only the asset's income. If the spouse invests the income earned on the gifted asset, the income from that reinvestment is the spouse's own.
- Business or firm. If the spouse (or son's wife) invests the asset in a business, or brings it in as capital of a firm, only a proportion is clubbed (s. 99(2), whose cross-reference the Finance Act, 2026, s. 45 corrected to s. 99(1)(a)(ii) or (b)).
Formula
Income clubbed = Income or interest (or both) the spouse earns from the business or firm × Value of the transferred asset so invested ÷ Total investment or capital, both values taken on the first day of the tax year
Worked example
On 1 April 2026 Sunita's capital in her boutique is ₹10,00,000, of which ₹4,00,000 came as a gift from her husband in 2024. The boutique earns ₹3,00,000 in tax year 2026-27.
Clubbed with the husband = ₹3,00,000 × ₹4,00,000 ÷ ₹10,00,000 = ₹1,20,000.
A gift he makes during the year adds nothing to this year's figure, because both values are taken on 1 April.
4.2.5Son's wife, transfers for their benefit, and converted HUF property
In simple words
The same idea reaches a son's wife. Income from an asset given to her without adequate consideration is taxed as the giver's. So is income from an asset given to anyone else, as far as it benefits the giver's spouse or son's wife. And if a person makes his own property part of his family's property without adequate consideration, its income stays his. This is converted property.
Three more clubbing cases
- Son's wife
- asset given on or after 1 June 1973, without adequate consideration
- income clubbed with the giver
- in a business or firm, only the proportion
- Asset given to another person or association of persons (AOP)
- clubbed as far as the income benefits the spouse or son's wife
- for the son's wife, only gifts on or after 1 June 1973
- Own property made HUF property without adequate consideration
- by impressing it with the family's character
- by throwing it into the common stock
- by transferring it to the family
- income stays his, unless converted on or before 31 December 1969
- Converted property later partitioned
- income the spouse gets from her share is clubbed
Remember
- Son's wife: only assets given on or after 1 June 1973, without adequate consideration.
- An asset given to someone else: clubbed only as far as the income is for the immediate or deferred benefit of the spouse or son's wife.
- Converted property: the income stays the individual's.
- After a partition, the spouse's income from her share counts as income from an asset given to her indirectly.
- Income clubbed this way is left out of the family's or the spouse's income.
- Slip: a conversion on or before 31 December 1969 is outside the rule.
The full notes1 min
- Son's wife (s. 99(1)(b)). Income from assets transferred to the son's wife, directly or indirectly, on or after 1 June 1973, otherwise than for adequate consideration, is the transferor's. The proportional rule of s. 99(2) applies here too.
- Transfer to another person for their benefit (s. 99(1)(d)). Where assets are transferred without adequate consideration to any person or AOP, the income is clubbed so far as it is for the immediate or deferred benefit of the transferor's spouse or son's wife (for the son's wife, only assets transferred on or after 1 June 1973).
- Converted HUF property (s. 99(3)). If an individual makes his own property part of his HUF's property without adequate consideration, whether by impressing it with the family's character, by throwing it into the common stock or by transferring it to the family, the income from it remains his. If the family later partitions it, the income the spouse receives from her share is clubbed as income from an asset transferred to her indirectly. Income so included is left out of the family's or the spouse's income. None of this applies to a conversion on or before 31 December 1969 (s. 99(4)).
4.2.6Income of a minor child
all 12
Current syllabus UGCF papers, newest first
- December 2025Q5 OR (a)Clubbing of a minor child's income with the parent's income6 marks
- December 2024Q4 (a)Clubbing of a spouse's income and a minor child's income6 marks
- December 2025Q5 OR (b)B.Com (Hons.)Clubbing of a minor child's income with the parent's income6 marks
- December 2024Q5 OR (b)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A)6 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q5 (b)Short note: clubbing of a minor child's income (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2019Q5 OR (b)Clubbing of a minor child's income under section 64(1A): a minor who sings at concerts (as set, 1961 Act, AY 2019-20)4 marks
- November–December 2018Q5 OR (a)Clubbing of a minor child's income with the parent's income (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2017Q4 OR (a)Clubbing of the income of a spouse and a minor child (as set, 1961 Act, AY 2017-18)6 marks
- December 2022Q1 (d)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A), with a computation for X, Mrs. X and their child (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2020, onlineQ6 (a)B.Com (Hons.)Income of a minor child from her own talent, and clubbing under section 64(1A) (as set, 1961 Act, AY 2020-21)6 marks
- November–December 2018Q5 (a)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A) (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2017Q5 (b)B.Com (Hons.)Clubbing of a minor child's income under section 64(1A) (as set, 1961 Act, AY 2017-18)5 marks
In simple words
The income of a minor child is added to a parent's income. Where it comes from, and who gave the asset, do not matter. Three things are left out: what the child earns by work, what comes from the child's own skill or talent, and all income of a child with a specified disability. While the marriage lasts, it goes to the parent with the greater income. Otherwise it goes to the parent who maintains the child. Under the old regime, the parent may leave out up to ₹1,500 for each child.
1Did the income arise while the child was a minor?
- NoThe child's own income
- Yesgo to 2
2Does the child have a disability of the specified kind?
- YesNothing clubbed
- Nogo to 3
3Is it income from work done by the child?
- YesNot clubbed
- Nogo to 4
4Is it from an activity using the child's skill, talent, specialised knowledge or experience?
- YesNot clubbed
- NoClubbed with a parent
1Does the parents' marriage subsist?
- YesThe parent whose income, before this inclusion, is greater
- NoThe parent who maintains the child in the year
- Child's income that is clubbed
- −Up to ₹1,500, or the clubbed income if smaller (not under the default regime)
- =Added to the parent's income
Remember
- Clubbed whatever the source, and whoever gave the asset: a grandparent, an uncle, the parent, or the child's own savings.
- A step-child, an adopted child and a minor married daughter are all covered.
- Income from investing the child's earnings from work or talent comes from an asset, so it is clubbed.
- Minor partner: his share of a separately assessed firm's profit is exempt, but interest on his capital is clubbed.
- A house given without adequate consideration to a minor child, other than a married daughter, makes the giver its deemed owner.
- A minor's loss is clubbed too.
- Slip: once clubbed with one parent, a later year's income moves to the other only if the Assessing Officer first gives that parent a chance to be heard. The parents cannot choose.
The full notes3 min
All income that arises or accrues, directly or indirectly, to a minor child is included in a parent's income (s. 99(1)(c)), whatever its source and whoever gave the asset: a grandparent, an uncle, the parent, or the child's own savings. A child includes a step-child and an adopted child (s. 2(25)), and a minor married daughter is covered, as the rule makes no exception for her.
Not clubbed (s. 99(1)(c)(i) to (iii)):
- income from work done by the child;
- income from an activity that uses the child's skill, talent, specialised knowledge or experience, such as a child actor's fee or a chess prize;
- all income of a minor child who has a disability of the kind specified in s. 154, that is, a disability as the disability laws named in s. 127 define it (autism, cerebral palsy and multiple disability included).
Income from investing the earnings in items 1 and 2 comes from an asset, so it is clubbed. A child within item 3 stands apart: none of that child's income is clubbed.
Two special cases:
- Minor partner. A minor admitted to the benefits of a partnership counts as a partner (s. 2(74)(a)). His share of the profit of a separately assessed firm is exempt (Schedule III, Sl. No. 2), so it adds nothing; interest on his capital, business income in his hands so far as the firm was allowed it (s. 26(2)(g)), is clubbed.
- House property. A house transferred without adequate consideration to a minor child other than a married daughter makes the transferor its deemed owner (s. 25(a)).
Which parent (s. 99(5)(b)):
- if the parents' marriage subsists, the parent whose total income, before this inclusion, is greater;
- if it does not, the parent who maintains the child in the tax year.
Once it has been included with one parent, a later year's income moves to the other parent only if the Assessing Officer, having given that parent an opportunity of being heard, is satisfied that it should.
₹1,500 a child. The parent may exclude up to ₹1,500 for each minor child whose income is clubbed, or the clubbed income if smaller (Schedule III, Sl. No. 17). The exclusion is lost under the default regime (s. 202(2)(a)(i)).
Clubbing stops when the child attains majority: income arising after that is the child's own, even from the same asset. A minor's loss is clubbed too (s. 99(5)(d)).
Worked example
Rohan's income is ₹22,00,000 and his wife Tara's ₹14,00,000, before clubbing; Rohan is under the old regime. Their son, 12, earns ₹32,000 interest on deposits gifted by his grandfather and ₹75,000 as a child actor; their daughter, 9, earns ₹1,200 of savings interest.
Acting fee: from his talent, not clubbed. Deposit and savings interest: clubbed with Rohan, the parent with the greater income.
Added to Rohan's income: son ₹32,000 − ₹1,500 = ₹30,500; daughter ₹1,200 − ₹1,200 = nil; total ₹30,500.
Under the default regime the full ₹33,200 would be added.
Exam trap
The Assessing Officer moves a minor's income to the other parent only after giving that parent an opportunity of being heard. Do not write that he must hold a hearing, or that the parents may choose.
Under the 1961 Act (older papers)
Clubbing is ss. 60 to 65. A minor's income is s. 64(1A), whose proviso excludes manual work and activity using skill, talent or specialised knowledge and experience; the ₹1,500 is s. 10(32).
4.2.7Summary of the clubbing cases
In simple words
Every clubbing case answers two questions. Whose income does it join? And when is it left out? Most cases send the income back to the person who gave the asset. The spouse's pay goes to the spouse with the greater income. A minor child's income goes to a parent. Each case has its own way out, such as adequate consideration.
Whose income the clubbed income joins
- The transferor
- income transferred, asset kept
- revocable transfer of assets
- asset to the spouse
- asset to the son's wife
- asset to another for the spouse or son's wife
- The individual
- own property converted into HUF property
- The spouse with the greater income before inclusion
- spouse's pay from a concern with substantial interest
- The parent with the greater income, or who maintains the child
- minor child's income
Remember
- Income transferred while the asset is kept: no way out.
- Revocable transfer: out only if it cannot be revoked for the beneficiary's or transferee's life and gives the transferor no benefit, until a power to revoke arises.
- Spouse's pay: out only if solely from technical or professional knowledge, experience and qualification.
- Asset to the spouse: adequate consideration, or an agreement to live apart. Asset to the son's wife: adequate consideration, or a transfer before 1 June 1973.
- Asset to another person: out when the income is not for the spouse's or son's wife's benefit.
- Minor child: work, skill or talent, or a disabled child. Converted property: conversion on or before 31 December 1969.
The full notes1 min
| Case | Section | Included in the income of | Not clubbed when |
|---|---|---|---|
| Income transferred, asset kept | s. 96 | the transferor | no exception |
| Revocable transfer of assets | s. 97 | the transferor | irrevocable for the beneficiary's or transferee's life and no benefit to the transferor, until a power to revoke arises |
| Spouse's pay from a concern with substantial interest | s. 99(1)(a)(i) | the spouse with the greater income before inclusion | pay solely from technical or professional knowledge, experience and qualification |
| Asset to the spouse | s. 99(1)(a)(ii) | the transferor | adequate consideration, or an agreement to live apart |
| Asset to the son's wife | s. 99(1)(b) | the transferor | adequate consideration, or a transfer before 1 June 1973 |
| Asset to another person for the spouse or son's wife | s. 99(1)(d) | the transferor | income not for their benefit |
| Minor child's income | s. 99(1)(c) | the parent with the greater income, or the parent who maintains the child | work, skill or talent, or a disabled child |
| Own property converted into HUF property | s. 99(3) | the individual | conversion on or before 31 December 1969 |
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.
Asked in exams 1270 marks in all
Current syllabus UGCF papers, newest first
- December 2025Q5 (a)Set off and carry forward of house property losses under both regimes6 marks
- December 2025Q5 (b)B.Com (Hons.)Set off of losses within a head and between heads6 marks
- December 2024Q5 (b)B.Com (Hons.)Set off and carry forward of house property and capital losses6 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q5 (a)Short note: set-off and carry forward of losses under the head Capital Gains (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2021, onlineQ4Set-off and carry forward of house property and capital gains losses, and clubbing of a spouse's remuneration from a concern in which the other spouse has a substantial interest (as set, 1961 Act, AY 2021-22)13 marks
- November–December 2019Q5 OR (a)House property losses: how they are set off and carried forward (as set, 1961 Act, AY 2019-20)4 marks
- November–December 2018Q5 (a)Set off and carry forward of capital losses (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2016Q5 OR (a)Short note: set off and carry forward of business losses (as set, 1961 Act, AY 2016-17)5 marks
- December 2022Q1 (c)B.Com (Hons.)Total income with a house-property loss limited to ₹2,00,000 and the balance carried forward (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2019Q5 OR (b)B.Com (Hons.)Inter-head set off of losses under section 71 (as set, 1961 Act, AY 2019-20)3 marks
- November–December 2018Q5 OR (a)B.Com (Hons.)Inter-head set off of losses under section 71 (as set, 1961 Act, AY 2018-19)6 marks
- November–December 2017Q5 (a)B.Com (Hons.)Set off and carry forward of loss from a non-speculative business (as set, 1961 Act, AY 2017-18)6 marks
In simple words
Total income is the five heads added together, with clubbed and deemed incomes brought in. Losses then come off in a fixed order. A loss is first set off inside its own head. Then it is set off against other heads, where the law allows. Whatever is still left is carried forward to later years, for a fixed number of years. There it can reduce only the same kind of income.
- 1Work out each head, and bring in clubbed and deemed income.
- 2Set off each loss inside its own head.
- 3Set off what is left against other heads, within the limits.
- 4Set off brought-forward losses against matching income, and carry forward the rest.
4.3.1Aggregation of income
In simple words
Aggregation means adding up. Every income of the person goes into one total income: each head, and the income of others clubbed with his. Two more kinds are added. One is his share from an association of persons (AOP) or body of individuals (BOI), in some cases. The other is deemed income: money, investments, valuables or spending he cannot explain. Deemed income is taxed at a flat 30%, plus surcharge and cess, with nothing set against it.
1Is any tax chargeable on the AOP's total income?
- NoTaxed as part of his income
- Yesgo to 2
2Was the AOP taxed at the maximum marginal rate or higher?
- YesLeft out altogether
- NoIncluded; tax on it then deducted at the average rate
1Is it a sum credited in his books, an investment or valuable not recorded (or recorded below its amount), or spending from an unexplained source?
- NoNot deemed income under this rule
- Yesgo to 2
2Did he explain its nature and source to the Assessing Officer's satisfaction?
- YesNot deemed income
- NoDeemed income: flat 30%, plus 25% surcharge and 4% cess
Remember
- Deemed income: flat 30%, plus 25% surcharge, plus 4% cess on both. No expense, allowance or loss is set against it.
- A loan credited in his books must be explained by the lender too. A closely held company's share capital or premium must be explained by the resident shareholder too. Neither extra test applies to a venture capital fund or company.
- Unexplained spending is deemed income, and it is not deductible either.
- Money borrowed or repaid on a hundi, other than by account payee cheque or a mode the Board specifies, is income of the borrower or repayer that year. It is not taxed again on repayment.
- After a search, a requisition or a survey (one kind of survey excepted), no loss and no unabsorbed depreciation is set off against the undisclosed income.
- Slip: a member's share from an AOP taxed at normal rates is still included. The tax on it comes off at the average rate, which raises the rate on his other income.
The full notes2 min
Aggregation brings every income of the assessee into one total income: the income under each head, the income of others clubbed with his (IT10), and two further kinds.
Income on which no tax is payable. A member of an AOP or BOI with determinate shares pays no tax on his share of its income (s. 310(1)). But:
- if the AOP was taxed at the normal rates, the share is still included in his total income (s. 101, s. 310(3)(b)) and the tax on it is then deducted at the average rate (s. 190), which raises the rate on his other income;
- if it was taxed at the maximum marginal rate or higher, the share is left out altogether (s. 310(3)(a));
- if no tax is chargeable on the AOP's total income, the share is taxed as part of his income (s. 310(2)).
Deemed income. Each of these is income of the year when the assessee offers no explanation of its nature and source, or the Assessing Officer is not satisfied with the explanation:
- a sum credited in his books (s. 102). For a loan, the lender too must explain it; for a closely held company's share capital or premium, so must the resident shareholder (s. 102(2), (3)); neither extra test applies where the credit stands in the name of a venture capital fund or company (s. 102(4));
- an investment not recorded in his books, or the excess of an investment over the amount recorded (s. 103);
- money, bullion, jewellery, a virtual digital asset or other valuable article he owns but has not recorded, or the excess of its cost over the amount recorded (s. 104);
- expenditure whose source is not explained (s. 105), which is not deductible either.
An amount borrowed or repaid on a hundi or other negotiable instrument, otherwise than by account payee cheque or a mode the Board specifies, is income of the borrower or repayer for that year, and is not taxed again on repayment (s. 106).
Rule
Deemed income under ss. 102 to 106 is taxed at a flat 30% (s. 195(1), as amended by the Finance Act, 2026, s. 55) plus a 25% surcharge (Finance Act, 2026, s. 3(4)(b), Table: Sl. No. 8) and 4% cess on both (s. 3(15)), with no expense, allowance or loss set against it (s. 195(2)).
No loss, current or brought forward, and no unabsorbed depreciation is set off against undisclosed income brought to tax after a search, a requisition or a survey other than one under s. 253(4) (s. 120).
4.3.2Set-off within the same head
In simple words
Set-off means a loss of a year reduces income of the same year. It happens in two stages: first inside a head, then across heads. Inside a head, a loss on one let-out house reduces the income of another house. A loss in one business reduces the profit of another. Capital gains have their own rule. A short-term capital loss may reduce any gain. A long-term capital loss may reduce only a long-term gain.
1Is the loss short-term?
- YesSet off against the gain, short-term or long-term
- Nogo to 2
2Is the gain long-term?
- YesSet off
- NoNot set off: a long-term loss never reduces a short-term gain
Remember
- Inside the head first, then across heads.
- Any head other than capital gains: a loss from one source reduces the income of another source under the same head.
- Short-term capital loss: against any capital gain. Long-term capital loss: against long-term gain only.
- The special bars still apply. A speculation loss cannot reduce the profit of an ordinary business.
- Slip: a long-term loss never reduces a short-term gain, in the same year or later.
The full notes1 min
Set-off means reducing the income of a year by a loss of the same year. It runs in two stages, first inside a head and then across heads.
Inside a head (s. 108):
- Any head other than capital gains. A loss from one source reduces the income of another source under the same head: a loss on one let-out house against the income of another house, or a loss in one business against the profit of another.
- Capital gains. A short-term capital loss may reduce any capital gain, whether short-term or long-term; a long-term capital loss may reduce only a long-term capital gain (s. 108(2)).
The rule gives way to the special bars of sub-topic 4: a speculation loss, for instance, cannot be set off against the profit of an ordinary business.
Exam trap
A long-term capital loss never reduces a short-term gain, in the same year or later. A short-term loss can reduce either kind of gain.
4.3.3Set-off against other heads
all 4
Current syllabus UGCF papers, newest first
- December 2025Q5 (b)B.Com (Hons.)Set off of losses within a head and between heads6 marks
- December 2024Q3 (a)B.Com (Hons.)Business income from the profit and loss account, set-off and total income12 marks
Older papers CBCS syllabus, set under the 1961 Act
In simple words
A loss left after the first stage may reduce income under any other head of the same year, capital gains included. This is the second stage. Three limits apply. A business loss cannot reduce salary. A house property loss can reduce other heads only up to ₹2,00,000 for the year. A capital loss cannot reduce any other head. Only what cannot be set off this year is carried forward.
1Is it a loss on transferring a virtual digital asset?
- YesNot set off at all
- Nogo to 2
2Is it a speculation, specified business or race horse loss?
- YesOnly against income of the same kind
- Nogo to 3
3Is it a capital loss?
- YesNot against other heads; capital gains only
- Nogo to 4
4Is it a house property loss?
- Nogo to 6
- Yesgo to 5
5Is tax worked out under the old regime?
- YesAgainst other heads up to ₹2,00,000 for the year; the rest carried forward
- NoNot against other heads
6Is it a business or profession loss, and is the other head salaries?
- YesNot allowed against salary
- NoSet off against that head
Remember
- A leftover loss of any head other than capital gains reduces any other head of the same year, capital gains included.
- Business or profession loss: never against salary.
- House property loss, under the old regime: up to ₹2,00,000 for the year against other heads. The rest is carried forward.
- Capital loss: never against another head.
- A loss cannot be held back for a better year. Only what cannot be set off now is carried forward.
- Slip: the ₹2,00,000 is for the year across all other heads together, not ₹2,00,000 against each head.
The full notes1 min
A loss under any head other than capital gains that is left after the first stage is set off against income under any other head, capital gains included, of the same year (s. 109(1)), with three limits:
- A loss from business or profession is not set off against salary income (s. 109(1)(a)).
- A house property loss is set off against other heads only up to ₹2,00,000 for the year; the rest is carried forward (s. 109(1)(b), s. 110).
- A capital loss is not set off against any other head (s. 109(2)).
A loss is carried forward only so far as it cannot be set off in its own year (ss. 110 to 112), so it cannot be held back for a better year.
Worked example
Anil (old regime) has a salary of ₹8,00,000, a loss of ₹2,60,000 on a let-out flat, a business loss of ₹1,10,000, deposit interest of ₹70,000 and a short-term capital gain of ₹40,000.
Business loss: barred against salary, so set off against the interest and the capital gain (₹1,10,000 in all): fully absorbed.
House property loss: ₹2,00,000 against salary; ₹60,000 carried forward.
Gross total income = ₹8,00,000 − ₹2,00,000 = ₹6,00,000.
Exam trap
The ₹2,00,000 limit is for the year, across all other heads together, not ₹2,00,000 against each head.
4.3.4Losses kept within their own class
In simple words
Some losses are kept inside a fence. They can reduce only income of the same kind, now or later. A speculation business loss reduces only speculation profits. A specified business loss reduces only specified business profits. A race horse loss reduces only race horse income, and a capital loss only capital gains. A loss on a virtual digital asset cannot be used at all.
Losses kept inside their own class
- Speculation business loss
- speculation profits only
- Specified business loss
- specified business profits only
- Race horse loss (stake money short of revenue expenses)
- income from owning and keeping race horses only
- Capital loss
- capital gains only
- Virtual digital asset loss
- nothing; neither set off nor carried forward
- Incomes that take no loss at all
- winnings
- income from transferring a virtual digital asset
- deemed income
1Is it a contract to buy or sell a commodity, shares included?
- NoNot speculative
- Yesgo to 2
2Is it settled by actual delivery or transfer?
- YesNot speculative
- Nogo to 3
3Is it a hedging contract, jobbing or arbitrage by a stock exchange or forward market member, or a specified derivative trade?
- YesNot speculative
- NoSpeculative transaction
Remember
- The bar runs one way. An ordinary business loss can reduce speculation profit, but a speculation loss cannot touch ordinary business profit.
- A company dealing in other companies' shares is a speculation business to that extent, unless its gross total income is mainly house property, capital gains or other sources, or its main business is share trading, banking or lending.
- Specified business: its capital spending gets the full deduction, such as a cold chain, farm-produce warehousing, a hotel of two-star category or above, or a hospital of at least 100 beds.
- A loss from a source whose income is exempt, such as agricultural income, is ignored.
- Slip: winnings, income from transferring a virtual digital asset, and deemed income take no loss at all.
The full notes2 min
Some losses can be set off, now or later, only against income of the same kind:
| Loss | Set off only against | Section |
|---|---|---|
| Speculation business | profits of a speculation business | s. 113(1) |
| Specified business (of s. 46) | profits of a specified business | s. 114(1) |
| Owning and maintaining race horses (stake money short of revenue expenses) | income from that activity | s. 115(1), (4) |
| Capital loss | capital gains | s. 109(2) |
| Transfer of a virtual digital asset | nothing: it is neither set off nor carried forward | s. 194(1) (Table: Sl. No. 4) |
The terms:
- A speculative transaction is a contract to buy or sell a commodity, shares included, that is settled otherwise than by actual delivery or transfer; hedging contracts of manufacturers, merchants, dealers and investors, jobbing or arbitrage by a member of a stock exchange or forward market, and specified derivative trades are not speculative (s. 66(31)). A business of such transactions is a speculation business, treated as distinct from any other business (s. 26(3)).
- A company whose business includes buying and selling shares of other companies is treated as carrying on a speculation business to that extent, unless its gross total income comes mainly from house property, capital gains or other sources, or its main business is trading in shares, banking or lending (s. 113(5), (6)).
- A specified business is one whose capital expenditure qualifies for the full deduction of s. 46, such as a cold chain, warehousing for farm produce, a hotel of two-star category or above, or a hospital of at least 100 beds.
The bar runs one way: s. 113 restricts only the speculation loss, so an ordinary business loss, current or brought forward, can be set off against speculation profit, while a speculation loss cannot touch ordinary business profit.
Three incomes take no loss at all: winnings from lotteries, races, games and betting (s. 94(4)); income from transferring a virtual digital asset (s. 194(1), Table: Sl. No. 4); and deemed income under ss. 102 to 106 (s. 195(2)). A loss from a source whose income is exempt, such as agricultural income (Schedule II, Sl. No. 1), is ignored: it is not set off against taxable income.
4.3.5Carry forward and set off
all 9
Current syllabus UGCF papers, newest first
- December 2025Q5 (a)Set off and carry forward of house property losses under both regimes6 marks
- December 2024Q5 (b)B.Com (Hons.)Set off and carry forward of house property and capital losses6 marks
Older papers CBCS syllabus, set under the 1961 Act
- December 2022Q5 (a)Short note: set-off and carry forward of losses under the head Capital Gains (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2021, onlineQ4Set-off and carry forward of house property and capital gains losses, and clubbing of a spouse's remuneration from a concern in which the other spouse has a substantial interest (as set, 1961 Act, AY 2021-22)13 marks
- November–December 2019Q5 OR (a)House property losses: how they are set off and carried forward (as set, 1961 Act, AY 2019-20)4 marks
- November–December 2018Q5 (a)Set off and carry forward of capital losses (as set, 1961 Act, AY 2018-19)5 marks
- November–December 2016Q5 OR (a)Short note: set off and carry forward of business losses (as set, 1961 Act, AY 2016-17)5 marks
- December 2022Q1 (c)B.Com (Hons.)Total income with a house-property loss limited to ₹2,00,000 and the balance carried forward (as set, 1961 Act, AY 2022-23)5 marks
- November–December 2017Q5 (a)B.Com (Hons.)Set off and carry forward of loss from a non-speculative business (as set, 1961 Act, AY 2017-18)6 marks
In simple words
A loss not used up in its own year is carried forward. In later years it can reduce only matching income, and only for a fixed number of years. Most losses also need the return of the loss year filed by the due date. Only the person who suffered the loss can carry it forward. Firms and closely held companies face extra limits when their partners or shareholders change.
Carry forward: against what, and for how long
- 8 years
- house property loss, against house property income
- business loss, against any business or profession profit
- short-term capital loss, against any capital gain
- long-term capital loss, against long-term gains
- 4 years
- speculation loss, against speculation profits
- race horse loss, against race horse income
- No limit
- specified business loss, against specified business profits
- unabsorbed depreciation, against business profits after brought-forward business losses
1Is it carried by the person who incurred it, or by a successor who inherited the business?
- NoNot carried forward
- Yesgo to 2
2Is it unabsorbed depreciation?
- YesCarried forward, with no time limit, even after a late return
- Nogo to 3
3Is it a house property loss?
- Yesgo to 5
- Nogo to 4
4Was the return for the loss year filed by the due date?
- NoNot carried forward
- Yesgo to 5
5Did a partner of the firm retire or die, or did the closely held company's shareholding change?
- YesOnly as far as the partner or 51% rules allow
- NoCarried forward
Remember
- Each period counts the tax years straight after the year the loss was first computed.
- A brought-forward business loss reduces the profit of any business or profession that year. It never reduces salary, house property, capital gains or other sources.
- The due-date return is needed even with no taxable income. House property loss and unabsorbed depreciation are the only ones free of it.
- Firm: when a partner retires or dies, his share of the loss is lost, except as far as his share of the year's profit covers it.
- Closely held company with changed shareholding: those holding 51% of votes at the end of the loss year must still hold at least 51% at this year's end. Death, a gift to a relative and some other cases are excused.
- An eligible start-up passes instead if all who held its voting shares at the end of the loss year still hold them, for its first ten years' losses.
- Slip: the ₹2,00,000 limit is for a current-year house property loss. A brought-forward one reduces only house property income.
The full notes3 min
A loss not absorbed in its own year is carried forward and set off in later years only against the income shown below. Each period counts the tax years immediately after the year for which the loss was first computed.
| Loss | Later set off only against | Years | Return by due date needed |
|---|---|---|---|
| House property (s. 110) | house property income | 8 | No |
| Business or profession, not speculation (s. 112) | profits of any business or profession carried on that year | 8 | Yes |
| Speculation business (s. 113) | speculation profits | 4 | Yes |
| Specified business (s. 114) | specified business profits | No limit | Yes |
| Short-term capital loss (s. 111) | any capital gain | 8 | Yes |
| Long-term capital loss (s. 111) | long-term capital gains | 8 | Yes |
| Race horses (s. 115) | income from owning and maintaining race horses | 4 | Yes |
| Unabsorbed depreciation (s. 33(11)) | business profits, after brought-forward business losses | No limit | No |
The return condition (s. 121). A loss carried forward under s. 111(1), 112(1), 113(2), 114(2) or 115(2) must have been determined in pursuance of a return furnished under s. 263(1), that is, on or before the due date. A person with a business or capital loss who wants to carry it forward must file by the due date even if he has no taxable income (s. 263(1)(a)(viii)). A house property loss and unabsorbed depreciation are outside s. 121, so a late return does not cost them.
Who may carry it forward (s. 119):
- Only the person who incurred a loss; a successor to a business takes over the loss only on inheritance (s. 119(2)).
- When a partner retires or dies, the firm cannot carry forward the part of the loss proportionate to his share, except so far as his share of the year's profit covers it (s. 119(1)).
- A closely held company whose shareholding changes in the year carries an earlier loss forward only if, on the last day of the year, at least 51% of the voting power is beneficially held by those who held 51% on the last day of the year of the loss. An eligible start-up (s. 140) passes instead if everyone who held its voting shares on the last day of the loss year still holds them on the last day of this year, for losses of its first ten years from incorporation. The test is waived for a change caused by a shareholder's death or a gift to a relative, and in certain insolvency, reorganisation, relocation and disinvestment cases (s. 119(3), (4)).
Exam trap
A brought-forward business loss can be set off against the profit of any business or profession carried on in the later year, not only the one that made the loss, but never against salary, house property, capital gains or other sources.
Exam trap
The ₹2,00,000 inter-head limit is for a house property loss of the current year. A brought-forward house property loss is set off only against house property income.
4.3.6Unabsorbed depreciation
In simple words
As the law is worded, depreciation is allowed only out of the year's business profits. If the profits before depreciation are smaller, depreciation is allowed only up to the profits. If there is a loss, none is allowed. The rest is unabsorbed depreciation. It moves to the next year and joins that year's depreciation, and so on, with no time limit. It is not a business loss.
- Business profit before depreciation
- −This year's depreciation
- −Business loss brought forward, set off first
- −Unabsorbed depreciation brought forward
- =Business income
Remember
- Depreciation does not create or enlarge a business loss. What profits cannot absorb waits for later business profits.
- No limit on the years, and a late return does not cost it.
- When a business loss and unabsorbed depreciation are both brought forward, the loss goes first.
- Unabsorbed capital spending on scientific research is carried forward the same way.
- Slip: unabsorbed depreciation is not a business loss. It has no eight-year limit and survives a late return.
The full notes1 min
Read as worded, s. 33(11)(a) allows depreciation (s. 33) only out of the business profits of the year. If those profits, worked out before depreciation, are less than the depreciation due, depreciation is allowed only up to the profits, and not at all if they are a loss. The amount not allowed is unabsorbed depreciation: it is carried to the next year, added to that year's depreciation and treated as allowable then, and so on (s. 33(11)(b)). The Act sets no limit on the years, and the return condition of s. 121 does not apply. When a business loss and unabsorbed depreciation are both brought forward, the loss is set off first (s. 112(3)). Unabsorbed capital expenditure on scientific research is carried forward in the same way (s. 45(7)).
Rule
As s. 33(11) is worded, depreciation does not create or enlarge a business loss: whatever the year's business profits cannot absorb waits for later business profits.
Worked example
Year 1: business profit before depreciation ₹1,50,000; depreciation due ₹4,00,000. Allowed ₹1,50,000; business income nil; unabsorbed depreciation ₹2,50,000.
Year 2: profit before depreciation ₹9,00,000; the year's depreciation ₹3,00,000; a business loss of ₹2,00,000 brought forward from an earlier year.
Business income = ₹9,00,000 − ₹3,00,000 − ₹2,00,000 (loss first) − ₹2,50,000 (unabsorbed depreciation) = ₹1,50,000.
Exam trap
Unabsorbed depreciation is not a business loss: it has no eight-year limit and survives a late return.
4.3.7Losses under the default tax regime
what was asked
Current syllabus UGCF papers, newest first
In simple words
Under the default regime, two set-offs are lost. A house property loss cannot reduce any other head. And a brought-forward loss or depreciation cannot be used, so far as it comes from a deduction this regime takes away. A loss shut out this way is treated as already used up, so no later year gets it either.
1Is the house self-occupied?
- YesNo loss: its current interest is not allowed
- Nogo to 2
2Does he have income from another house property this year?
- YesSet off against it; the rest lapses
- NoThe loss lapses: no set-off, no carry forward
Remember
- No house property loss against any other head.
- A brought-forward loss or depreciation is shut out so far as it comes from a withdrawn deduction, such as interest on a self-occupied house or additional depreciation.
- A shut-out loss counts as already given full effect. No later year can use it.
- Let-out house: the 30% deduction and the full interest stay, so a loss is still possible.
- Slip: the old regime's ₹2,00,000 set-off against other heads, and the carry forward, do not exist here. What another house cannot absorb lapses.
The full notes1 min
Under the default regime of s. 202(1), total income is computed without setting off (s. 202(2)(b)):
- a house property loss against any other head; or
- a brought-forward loss or depreciation, so far as it is attributable to a deduction the regime withdraws (s. 202(2)(a)), such as interest on a self-occupied house or additional depreciation under s. 33(8).
A loss or depreciation shut out in this way is treated as already given full effect, so no later year can use it (s. 202(3)).
For house property this means:
- Self-occupied house. The current interest of s. 22(1)(b) is not allowed (s. 202(2)(a)(v)), so that interest gives no loss.
- Let-out house. The 30% deduction and the full interest remain, so a loss is possible. It may reduce the income of another house property of the same year; the rest lapses, neither set off against other heads nor carried forward.
Worked example
Priya has a salary of ₹15,00,000 and a let-out flat showing a loss of ₹3,10,000; she owns no other house.
Old regime: ₹2,00,000 is set off against her salary and ₹1,10,000 is carried forward for up to eight years against house property income.
Default regime: nothing is set off against her salary and nothing is carried forward; the ₹3,10,000 lapses.
4.3.8Order of set-off and the computation
what was asked
Current syllabus UGCF papers, newest first
In simple words
Every sum on this topic follows one fixed order. Work out each head first, keeping the fenced losses apart. Then set off losses inside each head, then across heads, then the brought-forward losses. Winnings and deemed income are added in full. The total is gross total income. The deductions come only after that.
- 1Work out each head, clubbed income in its own head; keep speculation, specified business and race horse results apart.
- 2Set off losses inside each head.
- 3Set off what is left against other heads, within the limits.
- 4Set off brought-forward losses against matching income: the business loss before unabsorbed depreciation.
- 5Add winnings and deemed income in full, with no loss against them.
- 6The total is gross total income. The deductions follow.
Remember
- Inside the head first, then across heads, then the brought-forward losses.
- A brought-forward business loss comes off before unabsorbed depreciation.
- A speculation loss with no speculation profit to absorb it is carried forward.
- A capital loss with no gain left to absorb it is carried forward too.
- Slip: the speculation loss never touches ordinary business profit, and no loss touches the lottery prize.
The full notes1 min
Work in this order:
- Compute each head, with clubbed income in its own head and speculation, specified business and race-horse results kept apart.
- Set off losses within each head (s. 108).
- Set off what is left against other heads, within the limits (s. 109).
- Set off brought-forward losses against the matching income of the year, the business loss before unabsorbed depreciation.
- Add winnings and deemed income in full, with nothing set against them.
- The total is gross total income; the Chapter VIII deductions follow (U5).
Layout. Mehul (old regime) has, for tax year 2026-27: salary ₹7,20,000; a loss of ₹90,000 on a let-out house; business profit ₹1,30,000; a speculation loss of ₹40,000; a long-term capital gain of ₹60,000 and a short-term capital loss of ₹85,000; a lottery prize of ₹50,000 (gross); and, brought forward within time, a business loss of ₹1,00,000 and a long-term capital loss of ₹20,000.
| Particulars | ₹ |
|---|---|
| Salaries | 7,20,000 |
| Less: house property loss (within ₹2,00,000) | (90,000) |
| Business profit ₹1,30,000, less brought-forward business loss ₹1,00,000 | 30,000 |
| Speculation loss ₹40,000: not set off; carried forward | Nil |
| Capital gains: long-term gain ₹60,000 less short-term loss ₹85,000; ₹25,000 short-term loss carried forward | Nil |
| Brought-forward long-term loss ₹20,000: no long-term gain left; carried forward | Nil |
| Lottery prize (taxed at 30%; no loss set off) | 50,000 |
| Gross total income | 7,10,000 |
Exam trap
The speculation loss cannot touch the ordinary business profit, and no loss touches the lottery prize. Both stay outside the set-off.
Under the 1961 Act (older papers)
Aggregation is s. 66 with deemed incomes in ss. 68 to 69D (rate s. 115BBE); set-off is ss. 70 and 71 (cap s. 71(3A)); carry forward is ss. 71B to 74A; and s. 80 requires a return under s. 139(3).
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.