The Standard (principles) of good taxation policy are: Economic (cost effective, meaning it should cost less to collect the taxes than the tax revenue) Equality: This principle embodies that equity or justice should prevail and results in progressive taxation. Higher the income, higher the tax and vice versa. The amount of tax depends upon the ability of the taxpayer to pay. Certainty (people should know how and when to pay) Convenience (simplicity or ease of payment for tax-payer) Simplicity (Procedures, rules, regulations are to be simple) Expediency (It should be convenient and should not give room for criticism) Co-ordination (Co-ordination among different taxes and when they are imposed by the tax authorities) Direct Tax: These are the taxes which are not shifted. The impact and incidence of which falls on the same person who pay them to the government. E..g Income Tax and Wealth Tax. It is imposed according to the ability of person to pay. Indirect Tax: These are the taxes in which burden of paying tax is shifted to the people other than those actually paying through a change in price. E..g Sales Tax, Service tax, Customs Duty, and Excise duty. Assessment year: It refers to 12 months starting from 1st day of April of a particular year and ending on 31st day of every March of the next year. The current assessment year starts from 1st April 2024 and ends on 31st March 2025. Previous Year: Refers to twelve months immediately preceding the particular assessment year. For assessment year 2017-18, the previous year will be 2016-17, starting from 1st April 2023 and ends on 31st March 2024. Finance Act: Every year the Union Finance Minister presents the Finance bill in the Parliament on 1st February. The bill once passed becomes the Finance Act. The income tax slab rates will become applicable from the very first day of the next financial year Assessee An income tax assessee is a person who pays tax or any sum of money under the provisions of the Income Tax Act, 1961. Furthermore, Section 2(7) of the act defines an income tax assessee as anyone who is required to pay taxes on any earned income or incurred loss in a single assessment year. Normal Assessee An individual who is liable to pay taxes for the income earned during a financial year is known as a normal assessee. Every individual who has earned any income earned or losses incurred during the previous financial years is liable to pay taxes to the government in the current financial year. All individuals who pay interest/penalty or who are supposed to get a refund from the government are categorised as normal assessees. Representative Assessee There may be a case in which a person is liable to pay taxes for the income or losses incurred by a third party. Such a person is known as a representative assessee. Representatives come into the picture when the person liable for taxes is a non-resident, minor, or lunatic. Such people will not be able to file taxes by themselves. The people representing them can either be an agent or guardian. Deemed Assessee An individual might be assigned the responsibility of paying taxes by the legal authorities and such individuals are called deemed assessees. Deemed assessees can be: The eldest son or a legal heir of a deceased person who has expired without writing a will. The executor or a legal heir of the property of a deceased person who has passed on his property to the executor in writing. The guardian of a lunatic, an idiot, or a minor. The agent of a non-resident Indian receiving income from India. Assessee-in-default Assessee-in-default is a person who has failed to fulfil his statutory obligations as per the income tax act such as not paying taxes to the government or not filing his income tax return. For example, an employer is supposed to deduct taxes from the salary of his employees before disbursing the salary. He is, then, required to pay the deducted taxes to the government by the specified due date. If the employer fails to deposit the tax deducted, he will be considered as an assessee-in-default. ‘Person’ under the Income Tax Act The 7 categories of “persons” mentioned under the Income Tax Act: • Individual • Hindu Undivided Family • Partnership Firm • Company • Association of Persons (AOP) or Body of Individuals (BOI) • Local Authority • Artificial Judicial Body (not covered under any of the abovementioned categories) Person: Person includes the following (i) An Individual: It refers to a natural human being whether male or female, minor or major. (ii) A Hindu undivided family: It is a relationship created due to operation of Hindu Law. The manager of HUF is called “Karta” and its members are called ‘Coparceners’. (iii) A Company: It is an artificial person registered under Indian Companies Act 1956 or any other law. (iv) A Firm: It is an entity which comes into existence as a result of partnership agreement between persons to share profits of the business carried on by all or any one of them. Person (Contd) (v) An association of persons or a body of individuals, whether incorporated or not: Co-operative societies, MARKFED (Marketing Federation) and NAFED (National Agricultural Cooperative Marketing Federation of India Ltd) etc. are the examples of such persons. When persons combine together to carry on a joint enterprise and they do not constitute partnership under the ambit of law, they assemble as an association of persons. (vi) A local authority: Municipality, Panchayat, Cantonment Board, Port Trust etc. are called local authorities. (vii) Every artificial juridical person, not falling within any of the preceding sub-clauses: A public corporation established under special Act of legislature and a body having juristic personality of its own is known to be Artificial Juridical Persons. Eg Universities, Reserve Bank of India. Determine under which category of Person they fall into: 1. Dr.Muniraju , a lecturer in the Bangalore University 2. IBS Hyderabad University 3. Sri. Ganesh, Director in BHEL 4. SAIL 5. Mr. Ramesh, a sole proprietor of a Kirana Shop 6. GHMC 7. Mokila Gram Panchayat 8. Reliance Industries Ltd 9. Life Insurance Corporation of India 10.Co-operative society 11.Laxman & Sons Chartered Accoutants firm 12.A joint family of Sri Lakshmaiah, his wife and two sons 13.Axis Bank Ltd 14.Ram and Laxman, who are the legal heirs of Dasarath 1. Muniraju – Individual 2. IBS Hyderabad University – Artificial Juridical person 3. Sri Ganesh, Director – Individual 4. SAIL – Company 5. Mr. Ramesh, a sole proprietor of a Kirana Shop – Individual 6. GHMC – Local authority 7. Mokila Gram Panchayat - Local authority 8. Reliance Industries Ltd – Company 9. Life Insurance Corporation of India – Company 10.Co-operative society – Association of persons 11.Laxman & Sons Chartered Accountants firm – Partnership firm 12.A joint family of Sri Lakshmaiah, his wife and two sons – (HUF) 13.Axis Bank Ltd – Company 14.Ram and Laxman, who are the legal heirs of Dasarath carrying on handloom business - HUF Income: The Act does not define the term “Income”. It just specifies certain things that can be included under the concept of Income. Profits and Gains Dividend Voluntary contribution to any trust created wholly or partly for charitable purposes Value of any benefit or perquisites either in cash or kind Profit in lieu of salary Any allowances given to assessee Any special allowance or benefits Any sum paid as obligation by the company Any Capital gains chargeable u/s 45 Any winnings from lotteries, crossword puzzles, races, card games and other games of any sort Sum received by the employee as contribution to any provident fund or superannuation fund or any fund set-up under the ESI Act. Any sum received under key main insurance policy. Features of Income Income must be from a definite source Legal as well as illegal income is taxed It can be in the form of money as well as in kind Income earned may be temporary or permanent Money received by housewife is not considered as an income Any amount received due to devaluation of currency is taxable income Any loss is also included under the concept of income In case of dispute regarding title of income, the beneficiary is taxed Income may be lump sum or in installment Revaluation of assets and excesses if any cannot be considered as income. GROSS TOTAL INCOME Income from Salary xxx Income from House property xxx Income from Business or Professionxxx Income from Capital gains xxx Income from Other sources xxx _____________ GROSS TOTAL INCOME xxx _____________ Less: Deduction u/s 80 xxx TOTAL/NET INCOME ____________ xxx _____________ Salary: Existence of employer-employee; salary must be real and non-fictitious. Includes wages, annuity, pension, gratuity, fees, commission, perks, profits, advance on salary & annual accretion. Income from House property: Property not used by the owner for purpose of his business or profession, the profits of which are chargeable to tax. Profits or gains from Business or Profession: Any trade, commerce or manufacture. Capital Gains Income from Other Sources: Dividends Winnings from lotteries Interest on securities Income from machinery, plant or furniture on hire Sum received under a keyman insurance policy, bonus