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Income tax law
Income tax law
refers to the body of law governing the imposition of taxes on income earned by individuals and entities. Below is a brief overview of the key provisions in legal terms:
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Charge of Income Tax: Income tax is levied on the total income of individuals, Hindu Undivided Families (HUFs), firms, companies, and other entities during the previous year, as assessed in the assessment year. The authority to tax income is derived from the Income-tax Act, 1961.
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Scope of Total Income: The total income is computed based on the residential status of the taxpayer. It includes income from all sources such as:
- Salaries (Section 15-17)
- Income from House Property (Section 22-27)
- Profits and Gains of Business or Profession (Section 28-44)
- Capital Gains (Section 45-55)
- Income from Other Sources (Section 56-59)
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Residential Status: The tax liability depends on the taxpayer’s residential status. A person may be classified as:
- Resident
- Non-resident
- Resident but Not Ordinarily Resident (RNOR)
The determination of residential status is governed by Section 6 of the Income-tax Act.
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Tax Rates: The tax rate applicable depends on the nature of the taxpayer (individual, company, etc.) and the level of income. Progressive tax rates are applied for individuals, and different tax slabs exist.
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Deductions and Exemptions: Various deductions and exemptions are provided under the law to reduce the taxable income, such as:
- Section 80C: Deduction for specified investments (e.g., provident funds, insurance, etc.)
- Section 80D: Deduction for health insurance premiums
- Section 10: Exemptions for specific income categories (e.g., agricultural income, certain allowances, etc.)
6. Return of Income: Taxpayers are required to file an income tax return within the due date, detailing the total income earned during the previous year. Failure to do so can lead to penalties and interest.
7. Assessment and Scrutiny: After filing, the return may be subject to scrutiny or assessment by the Assessing Officer under Section 143. The assessing authority may issue notices for verification or reassessment if discrepancies are found.
8. Advance Tax and TDS (Tax Deducted at Source): Certain taxpayers are required to pay advance tax on their expected income during the year. TDS provisions ensure tax collection at the source of income, such as salary, interest, rent, etc.
9. Penalties and Prosecution: Non-compliance with tax laws, such as failure to file returns, concealment of income, or incorrect reporting, may lead to penalties, interest, and, in serious cases, prosecution under Sections 270A, 271, and 276C of the Act.
10. Appeals and Dispute Resolution: Taxpayers have the right to appeal against assessment orders. Appeals may be filed before the Commissioner of Income Tax (Appeals) under Section 246A, the Income Tax Appellate Tribunal (ITAT), and higher courts for resolution of disputes.
This brief summary encapsulates key legal terms related to income tax law under the Income-tax Act, 1961, which governs the taxation of income in India.
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