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.
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.
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.
Sources of Income Taxed:
Income is categorized under five heads:
Salaries
Income from House Property
Profits and Gains of Business or Profession
Capital Gains
Income from Other Sources
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.
Tax Filing and Assessment:
Specifies rules for filing Income Tax Returns (ITRs).
Defines various types of assessments (self-assessment, regular assessment, reassessment, etc.).
Deductions and Exemptions:
Allows deductions under various sections (e.g., Section 80C, Section 10) to promote savings, investments, and specific economic objectives.
Penalties and Prosecutions:
Includes provisions for imposing penalties for non-compliance, evasion, or fraud.
Certain offences may lead to prosecution and imprisonment.
Amendments:
The Act is amended annually through the Finance Act, which is presented along with the Union Budget.
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The Act is divided into 23 Chapters and includes Schedules. Below is a breakdown of major chapters and their subject matter:
Defines the short title, extent, and commencement of the Act.
Introduces important definitions like “income,” “person,” “assessee,” and “assessment year.”
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.
Lists exempt incomes, such as:
Agricultural income
Income of charitable trusts
Certain allowances (e.g., HRA, LTA)
Divides income into five heads:
Salaries
House Property
Business or Profession
Capital Gains
Other Sources
Covers clubbing of income for tax avoidance cases (e.g., income of minor child).
Allows adjustment of losses from one head of income against gains from others.
Carry forward provisions for future years.
Contains popular deductions, like:
Section 80C – investments (LIC, PPF, etc.)
Section 80D – health insurance
Section 80G – donations
Includes relief and rebate provisions.
Covers Double Taxation Avoidance Agreements (DTAA) and tax credits.
Deals with transfer pricing and international transactions.
Anti-avoidance rules.
These chapters cover:
Assessment procedures
Advance rulings
Appeals and revisions
Penalties and prosecutions
Collection and recovery
Refunds
Survey and search operations (like Section 132)
Provide supporting details like:
Rates of tax
TDS (Tax Deducted at Source) tables
Depreciation rates
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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