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COMMERCIAL The Income Tax Act 1961

From Commercial Law Publishers
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Author :COMMERCIAL

Publisher :Commercial Law Publishers

ISBN No :978-9356038875

SKU :CLA375

Edition :2025

Pages :1400 pages

Format :Paperback

Product Size :18 x 13 x 6 cm

HSN No :49011010

Country Region :India

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Description

The Income Tax Act, 1961 is the primary statute governing the taxation of incomes in India. It was enacted by the Parliament of India and came into force on April 1, 1962. This Act lays down the rules, procedures, and provisions for the levy, administration, collection, and recovery of income tax in India.

Key Features of the Income Tax Act, 1961:

  1. Scope:

    • Applies to the income earned in India and in certain cases, income earned abroad.

    • It covers individuals, Hindu Undivided Families (HUFs), companies, firms, LLPs, associations of persons (AOPs), and other types of taxpayers.

  2. Structure:

    • Divided into 23 chapters and over 298 sections, supplemented by various schedules.

    • These sections define income, assessable entities, deductions, exemptions, tax rates, filing procedures, penalties, and more.

  3. Sources of Income Taxed:

    • Income is categorized under five heads:

      1. Salaries

      2. Income from House Property

      3. Profits and Gains of Business or Profession

      4. Capital Gains

      5. Income from Other Sources

  4. Administration:

    • Administered by the Central Board of Direct Taxes (CBDT) under the Ministry of Finance.

    • The CBDT issues circulars and notifications to clarify the law.

  5. Tax Filing and Assessment:

    • Specifies rules for filing Income Tax Returns (ITRs).

    • Defines various types of assessments (self-assessment, regular assessment, reassessment, etc.).

  6. Deductions and Exemptions:

    • Allows deductions under various sections (e.g., Section 80C, Section 10) to promote savings, investments, and specific economic objectives.

  7. Penalties and Prosecutions:

    • Includes provisions for imposing penalties for non-compliance, evasion, or fraud.

    • Certain offences may lead to prosecution and imprisonment.

  8. Amendments:

    • The Act is amended annually through the Finance Act, which is presented along with the Union Budget.

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Content

????? Income Tax Act, 1961 – Content Overview

The Act is divided into 23 Chapters and includes Schedules. Below is a breakdown of major chapters and their subject matter:


Chapter I – Preliminary (Sections 1 to 4)

  • Defines the short title, extent, and commencement of the Act.

  • Introduces important definitions like “income,” “person,” “assessee,” and “assessment year.”


Chapter II – Basis of Charge (Sections 5 to 9)

  • Explains the scope of total income for residents and non-residents.

  • Lays down tax liability based on residence status.

  • Includes income deemed to accrue or arise in India.


Chapter III – Incomes Which Do Not Form Part of Total Income (Exemptions) (Sections 10 to 13B)

  • Lists exempt incomes, such as:

    • Agricultural income

    • Income of charitable trusts

    • Certain allowances (e.g., HRA, LTA)


Chapter IV – Computation of Total Income (Sections 14 to 59)

  • Divides income into five heads:

    1. Salaries

    2. House Property

    3. Business or Profession

    4. Capital Gains

    5. Other Sources


Chapter V – Income of Other Persons Included in Assessee’s Total Income (Clubbing Provisions) (Sections 60 to 65)

  • Covers clubbing of income for tax avoidance cases (e.g., income of minor child).


Chapter VI – Aggregation of Income and Set Off/Carry Forward of Losses (Sections 66 to 80)

  • Allows adjustment of losses from one head of income against gains from others.

  • Carry forward provisions for future years.


Chapter VI-A – Deductions from Total Income (Sections 80A to 80U)

  • Contains popular deductions, like:

    • Section 80C – investments (LIC, PPF, etc.)

    • Section 80D – health insurance

    • Section 80G – donations


Chapter VII – Incomes Forming Part of Total Income on which No Tax is Payable (Sections 86 to 89)

  • Includes relief and rebate provisions.


Chapter VIII – Rebates and Reliefs (Sections 90 to 91)

  • Covers Double Taxation Avoidance Agreements (DTAA) and tax credits.


Chapter X – Special Provisions (Sections 92 to 94B)

  • Deals with transfer pricing and international transactions.

  • Anti-avoidance rules.


Chapter XI to XXII – Administrative and Procedural Aspects

These chapters cover:

  • Assessment procedures

  • Advance rulings

  • Appeals and revisions

  • Penalties and prosecutions

  • Collection and recovery

  • Refunds

  • Survey and search operations (like Section 132)


Schedules

  • Provide supporting details like:

    • Rates of tax

    • TDS (Tax Deducted at Source) tables

    • Depreciation rates


???? Important Sections at a Glance

Section Description
10 Exemptions
80C Deduction for investments
139 Return filing
143 Assessment procedure
194 TDS on various payments
234A/B/C Interest for defaults
270A Penalty for underreporting

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Product Summary

COMMERCIAL The Income Tax Act 1961

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