Notes 304 Auditing Taxation
Notes 304 Auditing Taxation
SECTION:1 AUDITING
Synopsis
Auditing: Meaning, Objectives, Principles, Scope
Errors and Frauds in Auditing: Types of error, Location of error, Types of
Fraud, Difference between Fraud and error
Advantages of Auditing
Limitation of Auditing
Types of Audit.
Audit Process.
Internal control, Internal check and Internal Audit.
Auditing: Meaning
Auditing is a systematic examination of the books of records of business.
Objectives
Principles
1. Principles of competency.
2. Principles of Independence
3. Principles of Integrity.
4. Principles of Confidentiality.
5. Principles of Objectivity.
6. Principles of Documentation.
7. Principles of Planning.
8. Principles of Audit Evidence.
9. Principles of Accounting system and Internal control.
10.Audit conclusions and Report.
Scope
The amount of time and documents which are involved in an audit, is an important
factor in all auditing. The audit scope, ultimately, establishes how deeply
an audit is performed. It can range from simple to complete, including all company
documents
TYPES OF ERRORS
Errors of
Commission
Errors of
Omission
Partial Omission
Complete
Omission
Location of errors
The location of errors will be easier if the following steps are systematically taken.
* Check the total of the trial balance
* Compare the ledger account balances carried to the trial balance
* Check the total of debtors' and creditors' accounts and compare with the
balance of debtors' and creditors' amounts shown in the trial balance
* Verify the total of subsidiary books and their posting to ledgers
* Compare the items of trial balance of the current year with the items of trial
balance of the previous year to see if any balancing figure is omitted.
* Verify that all journal entries are posted into ledgers.
Types of Fraud
Internal
Embezzlement Misappropriation Manipulation Omission Misapplication control
System
of cash of Goods of Accounts of Events of accounting overridden
policies
Advantages of Auditing
Limitation of Auditing
Rely on Experts − An Auditor has to rely on experts like engineers, valuers and lawyers for
estimation and valuation of fixed assets and estimation of contingent liabilities.
Types of Audit
Types of Audit
Employer
Ownership Periodicity Objectives Scope of Auditor Manner of
of
audit Checking
Privat Continuous Financial Complete Internal Standard
Audit
Concurrent Tax
Social
Environment
Audit Process
The Audit process is a well-defined methodology for organizing an audit and is
adopted to accomplish audit objectives.
Audit program
1.Audit program is nothing but a list of examination and verification steps to be applied
and set out in such a way that the inter-relationship of one step to another is clearly
shown and designed
2.An audit program consists of a series of verification procedures to be applied to the
financial statements and accounts of a given company for the purpose of obtaining
sufficient evidence to enable the auditor to express an informed opinion on such
statements
3.An audit program covers various steps of auditing in an audit program like the
assessment of internal control, ascertaining accuracy and reliability of books of
accounts, inspection, vouching and verification, valuation of assets and liabilities,
scrutiny of accounts, presentation of financial statements.
Working paper
1.The audit working papers constitute the link between the auditor’s report and the client’s
records.
2.The objects of an auditor’s working papers are to record and demonstrate the audit work
from one year to another
3. Working papers are varied in nature. They may be recorded on paper or on electronic
or other media. Examples include:
Audit programmes.
Analyses.
Issues memoranda.
Summaries of significant matters.
Letters of confirmation and representation.
Checklists.
Internal check: Internal Check is an integral function of the internal control system. It
is an arrangement of duties of the staff members in such a way that the work performed
by one person is automatically and independently checked by the other
Features of Internal check
1. This technique is an integrate part of the complete system of internal control.
2. This technique is related to the division of work among the people maintaining the
accounts.
3. In this technique, no single employee records any transaction from the beginning to
the end.
4. In this technique, the work done by every employee is examined independently by
another employee.
5. In this technique, the work done by one employee is complementary to the work done
by another employee.
The aim of this technique is to develop an automatic system for detection of frauds and
errors.
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2. Object: The purpose of Internal Audit is to detect the errors and frauds which have
already been committed.
The purpose of Internal Check is to prevent or minimize he possibilities of errors,
frauds or irregularities.
3. Need for separate staff: for Internal Audit, a separate staff of employees is
engaged for the purpose.
For internal check, no new appointment is made. It, in fact represents only the
arrangement of duties of the staff in a particular way.
4. Nature of work: The work involved in the Internal Audit is just like that of a watch
man. Internal auditor has to report, from time to time, to the management about the
various in efficiencies and suggest improvements. It is also his duty to see that the
internal check system does not become static.
Internal Check, on the other hand, represents a process under which the work goes on
uninterruptedly and the checking too is more or less automatic.
5. Timing of work: Internal Audit starts when the accounting process of different
transactions is finished.
Internal Check is an operation during the course of transaction.
6. Internal audit: It is a device for checking the work, whereas internal check is a
device for doing the work.
7. Scope of work: The scope of Internal Check is very limited. The scope of Internal
Audit is comparatively board.
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Test Checking
It is the examination of few transaction of business, instead of checking all
transaction.
Voucher
It is a documentary evidence supporting a business transaction. It may include:
A receipt.
An invoice.
Bank Paying slip.
Debit note.
Credit note.
Gatekeeper’s books of entry.
Wage book.
Order book.
Type of Voucher
Primary Secondary
Vouching
Vouching can be described as the essence or backbone of auditing. Vouching is defined
as the "verification of entries in the books of account by examination of documentary
evidence or vouchers, such as invoices, debit and credit notes, statements, receipts, etc.
Vouching of cash book
In a business concern, cash book is maintained to account for receipts and payments
of cash. It is an important financial book for a business concern. Hence
the auditor should see whether all receipts have been recorded in cash book and no
fictitious payment appears on the payment side of cash book. To ensure this an auditor
should check debit side of cash book which represents as receipts and credit side which
contains payment details
Existence
Ownership
Proper valuation
Possession
Freedom from encumbrances
Proper recording
Objectives of Verification
Both are considered to be same thing but there are lots of difference between vouching
and verification.
Vouching relates to confirmation of the correctness and authenticity of accounting entries
as appeared in the books of accounts whereas verification confirms the existence,
ownership and valuation of assets as appears in the balance sheet. The Auditor’s duty
is not only vouching the entries appearing in the books because vouching cannot prove
the existence of the related asset or liabilities at the balance sheet date.
Verification of Liabilities
Objectives of Verification
Both are considered to be same thing but there are lots of difference between vouching
and verification.
Vouching relates to confirmation of the correctness and authenticity of accounting entries
as appeared in the books of accounts whereas verification confirms the existence,
ownership and valuation of assets as appears in the balance sheet. The Auditor’s duty
is not only vouching the entries appearing in the books because vouching cannot prove
the existence of the related asset or liabilities at the balance sheet date.
Verification of Liabilities
Let us now understand what confirmation and verification is required by the auditor.
Auditor requires confirmation from third party and management about any fact or figure.
Few of the examples in which the Auditor requires confirmations are as follows
Confirmation from debtors about balances.
Confirmation from creditors about balances.
Confirmation from banks about bank balances, fixed deposits, interest accrued, overdraft or
cash credit limit balance, etc.
Confirmation from financial institutions about loan and interests.
Confirmation from management about contingent liabilities, etc.
Verification
Verification means inspection of assets by the Auditor and it includes identification,
weighing and counting of assets. Following items require physical verification −
Valuation means estimation of various assets and liabilities. It is the duty of Auditor to
confirm that assets and liabilities are appearing in the balance sheet exhibiting their
proper and correct value. In the absence of proper valuation of assets and liabilities, they
will exhibit either overvalued or under-valued.
It is therefore required for an Auditor to exercise reasonable care and skill to analyze the
basis of valuation from technical experts and satisfy himself that assets shown in
Balance-sheet are properly valued accordance with the generally accepted conventions
and accounting principles.
Components of Valuation
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Audit report
An audit report should be clear, specific and complete, in order that anyone who has an
occasion to read it may know exactly what is wrong with the company. The auditor should
review and assess the conclusions drawn from the audit evidence obtained as the basis
for the expression of an opinion on the financial statements. This review and assessment
involve considering whether the financial statements have been prepared in accordance
with an acceptable financial reporting framework applicable to the entity under audit. It is
also necessary to consider whether the financial statements comply with the relevant
statutory requirements.
The auditor’s report should contain a clear written expression of opinion on the financial
statements taken as a whole.
Basic Elements of the Auditor’s Report:
1. Title
2. Addressee
3. Introductory Paragraph:
4. Management’s Responsibility for the Financial Statements:
5. Auditor’s Responsibility
6. Auditor’s Opinion:
7. Other Reporting Responsibilities:
8. Signature of the Auditor
9. Date of the Auditor’s Report
10. Place of Signature
Disclaimer report: The auditor shall disclaim an opinion when the auditor is
unable to obtain sufficient appropriate audit evidence on which to base the
opinion
the auditor concludes that the possible effects on the financial statements of
undetected misstatements, if any, could be both material and pervasive.
Thus, disclaimer report is issued when there is insufficient evidence to form an
opinion
Adverse report: The auditor shall express an adverse opinion when the
auditor, having obtained sufficient appropriate audit evidence, concludes that
financial statement do not give a true and fair view, and the matter od
disagreement with management is material and pervasive.
Audit certificate
An Auditor's certificate is a written confirmation of the accuracy of the facts relating to
the accounts for a particular time or to a specific matter.
he is auditing of his relative or any other person, he should be impartial all the
time. Only then, his examination will be useful.
2. Confidentiality: Businessman shares many confidential information to the
auditor. It is the rule for auditor; he should not share it with other. He may only
share if as per any law, it is compulsory.
3. Skill and Competence: For solving auditing problem, auditor should use his
skills and competence.
5. Documentation: Auditor should collect all the documents which is needed for
his audit. All document should be classified and keep in a direction that it can
easily be found when it is needed.
6. Planning: Auditor should make the plan of audit. He should complete the
audit on the time. Auditor will also make the plan about “How to audit ledger
accounts and financial statements?”
7. Audit Evidence: Audit evidence is the base of better audit. These evidence
are relating to financial information. If he has to give his opinion on the
financial information, he should obtain its all proofs.
10.Effective Date: All the auditing and assurance standard apply on or after
1st April 1985
Audit Evidence under AAS – 5 (SA500)
As per AAS - 5, audit evidence means the collection of important information for
checking of accounting reports. You know, this world is working on the basis of proofs.
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Inspection
Observation
Inquiries and Confirmation
Computation.
Analytical Reviews
1. Inspection
Inspection is the main method of audit evidence. If any auditor says that
accounting reports are not showing true and fair views, then interested parities
will demand its proofs. At that time, he will explain that he did inspection and lots
of transactions which are recorded in the accounting records are without sources.
We also examined the records and found unreliable. So, auditor should come
physically to the office of company and check accounts one by one and write it in
inspection notes which will become his audit proof. He should also check the
assets physically.
2. Observation
In the observation way of collecting audit evidence, auditor will observe the process
of accounting records which are done by others. For example, there are large
quantities of stock in the store which were counted by store keeper. Auditor can take
sample and ask the quantity. Now, store keeper will count it. Auditor will observe
whether he is counting correctly or not. On this basis, he will make his observation
report and it will be his audit evidence for telling counting process is wrong or
correct.
4. Computation
Computation is the calculation of figures which are showing in the accounting
records. Auditor can fix the duty of his assistant to calculate the total of bills and
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ledger balances and then he see whether there is difference or not in his calculation.
This audit evidence will be helpful for knowing arithmetical accuracy in the books of
accounts.
5. Analytical Reviews
In analytically reviews, auditor calculates different accounting ratios and analyse the
past financial statements for checking the variations in the figures of financial
statements.
3. Correct Valuation: Whether valuation is correct or not, for confirming this, just go
to market and know the correct value of specific asset of company
Synopsis
Auditors Qualification.
Disqualification.
Appointment of auditor
Removal of an auditor.
Rights and duties of a company auditor
Liabilities of a company auditor
Auditors Qualification.
According to section 226(3) of the Companies Act, the following persons shall not be
appointed as auditors of a company:
-Appointment can also be done -Appointment can also be -Appointment can also be done
by Members at Extraordinary done by Members at by Board of Directors within 30
General Meeting within 90 Extraordinary General days of incorporation
days of information. Meeting within 90 days of
the information
2. Auditor at First AGM. The -The appointment is done by -The appointment is done by -The appointment is done by
written consent and a the members the members the Comptroller and Auditor
certificate. General of India
for a maximum term of 5/10 -He should be appointed within
consecutive years 180 days from the 1st of April
3. Appointment of -The appointment is done by -The appointment is done by -The appointment is done by
Subsequent Auditor the members the members the Comptroller and Auditor
General of India within 180 days
for a Maximum term of 5/10
from the 1st of April
consecutive years
4. Casual Vacancy due to -The appointment is by the The appointment is done by the
resignation and other reasons members within 3 months of : -CAG (Comptroller and Auditor
the recommendations of Board General) within 30 days
and he will hold office till the
next AGM
OR
-BOD within the next 30 days
Removal of an auditor.
Removal of first auditor: The company can remove the first auditor appointed by the
directors, in a general meeting. The central government’s approval is not needed for the
removal of first auditor’s .
Removal of subsequent auditor: Any subsequent auditor can be removed from the
office before the expiry of his term only by the company in its general meeting , after
obtaining the prior approval of the central government and following the same procedure
as laid down for appointment of an auditor in the place of a retiring auditor.
Rights:
Rights to access the books and records: Company auditor has rights to access
the books and records of the company. He can refer to any book..
Right to get explanations from company staff: Company auditor has right to get
explanations from company staff. If such explanations are not received he qualifies
his report.
Right to receive notice of general meetings: Company auditor has right to
receive notice of general meetings. He can attend the general meetings.
Right to visit branches: Company auditor has right to visit branches. But there
should be no separate auditors to those branches and it should be a home branch
Right to seek legal and technical advises: Company auditor has right to seek
legal and technical advises. But, in his report, he should express his own opinion
but not that of experts concern.
Right to claim remuneration: Company auditor has right to claim remuneration.
His remuneration will be fixed by appointing authority and it will be paid by
company.
Right to refuse to commence the audit: Company auditor has right to refuse to
commence the audit. Till making the records up to date, he cannot start his work.
Right to question the board: Company auditor has right to question the board.
Board also should give explanation to him.
Right to qualify his report: Company auditor has right to qualify his report. If he
comes across any dis-satisfactory point, he can mention the same in his report.
Right of indemnity: Company auditor has right of indemnity. He can reimburse
expenses incurred by him in connection with conduction of audit work.
Duties:
Duties towards the shareholders:
1. Report shareholders about true and fair state of affairs of the company
2. State that balance sheet and profit and loss a/c give all information required by law
3. State that balance sheet and profit and loss a/c agree with the books of account
4. State that balance sheet and profit and loss a/c agree with accounting standards
5. State that he has obtained all the necessary information
6. State whether the company has maintained all books as required by law;
7. State the reasons of qualification in his report
8. State that he has received the audit report on the branch accounts audited by other
auditor and how he has dealt with the same in preparing his report
9. Auditor shall state in his report whether:
a) The loans taken are properly secured and the terms of loans are not against the
interests of the company
b) Loans given are shown as fixed deposits and the terms of loans are not against the
interests of the company
10. Transactions recorded as book entry are not against the interests of the company
11. Personal expenses of directors have not been charged to revenue a/c of company;
12. The company fulfils the requirements of CARO 2003.
2. Statutory Report: Section 165 requires that the auditor has to certify the statutory
report.
3. Public Deposits: Section 58AA requires the auditor to report about whether the
company has followed all rules and guideline of RBI in regard to public deposits or not.
4. Signature on Audit Report: Section 229: It is duty of auditor to sign on his report.
2. Assist the Investigation u/s 237: It is duty of auditor to assist the investigation ordered
by the CG u/s 237.
2. He should reveal all material information regarding the state of affairs of the company
to the company as well as to the general public.
3. While issuing prospectus u/s 56, he should see that the prospectus does not include
any misleading information or material.
Liability for Negligence: While conducting the work of audit, auditor should take proper
care and should show proper skills. Otherwise it amounts to negligence.
For example: Mr. X is a sole trader and Mr. A is his auditor. A has conducted audit
work so negligently and therefore he could not find misappropriation of cash,
Synopsis
Meaning.
Scope of auditor’s role under the income tax act.
Certificate of claiming exemptions.
Selective tax audit.
Meaning.
Carrying on business (not opting Total sales, turnover or gross receipts exceed Rs 1 crore in
for presumptive taxation scheme*) the FY
Carrying on business eligible for Declares taxable income below the limits prescribed under
presumptive taxation under the presumptive tax scheme and has income exceeding the
Section 44AD basic threshold limit
Profession
Meaning.
Types of EDP accounting system.
Problems of EDP environment.
Controls in an EDP environment.
Audit approach in an EDP environment
Computer Assisted Audit techniques.
Meaning
It is the audit of all information system assets, to ensure that they are adequately
safeguarded against vulneraries of natural and manmade disasters. The type is
identified with reference to the risk exposure. It is performed by qualified information
system auditors. The detection of frauds and errors are by ensuring various safeguards
prescribed by the systems men, internal and external auditors qualified to perform
systems audit.
1.Theft of Computer Time: Information created by one person may be easily copied by
another person who can claim that the data is his own and he is the actual creator. In
computers there is nothing like original copy and duplicate copy.
3.Theft of Data: Data stored in a computer can be copied into floppies and could be
delivered to competitors. With modern communication networks available, insiders of
the company may send confidential information of a company to another. Hackers can
connect to network and steal data.
5. Controlling Access: Controlling of hardware and software should be the first system
security. The system should be under lock and key to prevent hardware theft. Physical
and electronic access control techniques including keyboard locks, automatic logs,
restricted access to systems and limited after-hour use.
7. Backup Copies: It is necessary to take frequent backups of all software and keep
them separate from the usual media. Backups are often taken on tapes and are used to
restore data when the primary data from the system fails. Software programs should
also be taken if necessary.
8. Security for Backup: Backups should be kept in secure place. Loss of backups
means disaster for the company. Protection of backups includes fireproof containers
and away from the computer installation site to avoid any natural disaster.
9. Network Control: Most companies may have computers that exchange data with
each other using a networking architecture. In such cases, PC users can connect with
another person/users and access files or services from the machine.
Since outsiders [competitors] can also get connected to our network, special interest
should be shown on security of systems and data located on the internet
10. Data Encryption: It refers to the means of converting data into an unrecognizable
form, transmitting it over a network and decrypting it back so that the original contents
can be revealed. If an unauthorized person taps into the file, could not go through its
contents.
Controls in an EDP environment
Internal Control in an Electronic Data Processing system
Internal controls in computer-based accounting system are of two basic types:
1) General controls or organization controls
2) Application or procedural controls
2)
General controls
This control covers the environment in which computer processing is conducted. Some
of the objectives of general control include:
a) To ensure adequate segregation of duties, that is, division of functional
responsibilities
b) To protect information contained in computer records etc.
File conversion: Before the new system becomes operational, master files should be
set up completely and accurately. This can be achieved by a complete print out of the
contents of master files and crosschecking the results with manually maintained
records. This process is referred to as conversion checks.
Conclusion.
It is important to consult with auditors because they would want to ensure that sufficient
control is present in the new system to maintain reliable accounting records.
Administrative Controls
c) File control:
Input controls: There should be segregation of duties between users and EDP
functionals. For example, input should be originated by users only, and amendments
should be done by authorized personnel
Processing control: This relates to all arithmetic and logic operations or input carried
out by programmed procedures such as edit controls or data vet.
Output control: There should be reconciliation or matching of input totals established
prior to processing to computer generated output totals
SECTION:2 TAXATION
Synopsis
Income
Person
Assessee
Assessment year
Pervious year
Agricultural Income
Exempted Income
Residential Status of an Assessee
Fringe benefit Tax
Tax deducted at Source
Capital and Revenue Income and expenditure.
Income [sec.2(24)]
Income is a periodically monetary return with some sort of regularity. It may be recurring in
nature. It may be broadly defined as the true increase in the amount of income which comes to a
person during a fixed period of time. Income includes all the receipts in the form of cash /any
kind.
Dividends,
Capital Gains
Insurance profit
As per definition the given list is not exhaustive. All sorts of receipts other than above
mentioned comes under the meaning of income.
Person
Assessee
“Assessee” means a person by whom income tax or any other sum of money is payable
under the Act. It includes every person in respect of whom any proceeding under the Act
has been taken for the assessment of his income or loss or the amount of refund due to
him or a person who Is assessable in respect of income or loss of another person or
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who it deemed to an assessee, or an assessee in default under any provision of the Act.
This term includes the following persons : Every person in respect of whom any
proceeding under this act has been taken for the assessment of his income or of the
income of any other person in respect of which he is assessable, or of the loss
sustained by him or by such other person, or of the amount of refund due to is or to such
other person. Every person who is deemed to be an assessee under any provision this
Act. Every person who is deemed to be an assessee in default under any provision of
this Act. According to the above definition, it is not necessary that the assessee must
pay tax on his own income. He may also be liable to pay tax on the income of others,
e.g. the legal representative will be treated as an assessee for assessing the income of
the deceased person. A person, who is under a legal obligation to deduct tax at source
on payment of salary, dividend, interest etc. does not deduct tax or after deducting tax,
fails to deposit the same in the Govemment’s treasury, is treated as an assessee in
default. A person representing a non resident minor or lunatic Is treated as an assessee
for computing the income of that person.
Assessment year
Assessment Year means the period of 12 months commencing on the 1®* of April
immediately after the previous year [P.Y] Assessment is the year in which the income of
the previous year is assessed to tax. The Income earned during a particular year is
assessed to tax in the following year
Previous year
Previous Year means the Financial Year immediately preceding the Assessment Year.
But in some cases Previous Year may not be of 12 months period as in the case of
business or profession, newly setup or source of income newly coming into existence.
The Previous Year shall be the year beginning the date of setting up of the business of
quotation or the date on which the new source of income comes into existence.
Synopsis
Income from Salary – Salient features, meaning of salary, Allowances and
tax Liability, Perquisites and their Valuation, Deductions from salary.
Income from House Property -Basis of Chargeability, Annual Value, Self
occupied and let out property, Deductions allowed
Income from Salary
Profits and Gains of Business and Professions-Definitions, Deductions
expressly allowed and disallowed.
Capital Gains-Chargeability-definitions-Cost of Improvement Short term
and long term gains-deductions.
Income from other sources-Chargeability - deductions - Amounts not
deductible.
Income from Salary
1. Salary as defined u/s 17(1) of the Income Tax Act, 1961, which includes
wages
any annuity or pension
any gratuity
any fees
commission
perquisites or profits in lieu of or
in addition to any salary or wages
any advance of salary
any payment received by an employee in respect of any period of leave not availed by
him
The portion of the annual accretion in any previous year to the balance of the credit of
an employee participating in a recognized provident fund to the extent it is taxable, and
transferred balance in a recognized provident fund to the extent it is taxable. Basis of
charge of salary income : Basis of charge u/s 15. As per Section 15 salary consists if
any salary due from on employer (or a former employer) to on assessee in the previous
year, whether actually received or not . Any salary paid or allowed to him in the previous
year by or on behalf of an employer (or a former employer), though not due or before it
became due; and Any arrears of salary paid or allowed to him in the previous year by or
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on behalf of an employer (or a former employer), if not charged to income tax for an
earlier previous year.
ALLOWANCES:
PERQUISITIES
The word ‘Perquisites’ in the ordinary sense means any casual emolument attached to
an office. Or position in addition to salary or wages. It may take various forms. It is a
gain or profit which incidentally arises from employment in addition to regular salary or
wages.
S.
Section Particulars Taxability/Exemption
No.
Dearness
2 17 Fully taxable
Allowance
Bonus, fees or
3 17 Fully taxable
commission
10(14) Children education allowance Up to Rs. 100 per month per child
up to a maximum of 2 children is
exempt
10(14) Hostel expenditure allowance Up to Rs. 300 per month per child
up to a maximum of 2 children is
exempt
10(14) Transport Allowance granted Rs. 3,200 per month granted to an
to an employee to meet employee, who is blind or deaf and
expenditure for the purpose dumb or orthopedically handicapped
of commuting between place with disability of lower extremities
of residence and place of
duty
While calculating completed year of service, ignore any fraction of the year. E.g.
10 years 9 months shall be taken as 10 years.
Notes
a) Leave encashment received from more than one employer: Where leave
encashment is received from more than one employer in the same previous year,
the aggregate amount exempt from tax shall not exceed the statutory deduction
i.e. ` 3,00,000.
Perquisites
C. 7.5% of salary, if
accommodation is provided in
any other city
Income chargeable to tax under the head “house property” Rental income from a property being
building or land appurtenant thereto of which the taxpayer is owner is charged to tax under the
head “Income from house property”.
Rental income from sub-letting Rental income in the hands of owner is charged to tax under the
head “Income from house property”.
Rental income from a shop Rental income from a property, being building or land appurtenant
thereto, of which the taxpayer is the owner is charged to tax under the head “Income from house
property”.
Gross annual value of a property which is let-out throughout the year is determined in the
following manner:
Step 1: Compute reasonable expected rent of the property (manner of computation is discussed
in later part)
Step 2: Compute actual rent of the property (manner of computation is discussed in later part).
Step 3: Compute gross annual value.
Business is an activity of purchase and sell of goods with the intention of making profit.
Profession is an occupation requiring intellectual skill. E.g. Doctor, Lawyer etc. Vocation is an
activity, which requires a special skill, which is used to earn income. e.g. Painter, Singer etc. For
income tax purpose there is no difference between business income, profession income and
vocation income.
Section 2(13): Business includes any trade, commerce or manufacture or any adventure or
concern in the nature of trade, commerce or manufacture. Explanation: ‐ Thus business is any
activity carried out with the intention to earn profit, whether such an activity is continuous or
temporary is immaterial. In determining whether a particular transaction is an adventure in the
nature of trade or not, total impression and effect of all relevant facts and circumstances of the
transaction have to be seen. To bring a transaction within the term “business”, the transaction
must be a “trade” or in the nature of “trade”. Hence everything depends upon the facts and
circumstances of the case. E.g. A person making investment of surplus funds in shares or
debentures cannot be deemed to be carrying on the business of trading in shares although
occasionally he may be selling “some” shares or debentures and making gains thereon.
1. Gross Sales or Gross fees as the case may be are to be taken as the base if Receipt
and Payment A/c or cash Book is given. From this Gross income expenses which are
specifically allowed by the income tax act are deducted to arrive at taxable income.
2. If profit & loss a/c or income & expenditure a/c is given Net Profit or (Surplus) is taken
as the base and then following adjustments are made: ‐
1) Expenses, which are debited, to profit & loss a/c, but disallowed by the Income Tax
Act and either fully or partially are added back.
2) Expenses, which are not debited, to profit & loss a/c but which are allowed by the
Income Tax Act are deducted.
3) Income that is credited to profit & loss a/c but not taxable at all or taxable under some
different head is to be deducted.
4) Income that is not credited to profit & loss a/c, but which is chargeable to tax as
business income is to be added.
Under Section 28 following are the income chargeable to tax under the head Profits or
Gains from Business or profession: ‐
1) Profits and Gains of any business or profession that is carried on by the assessee at
any time during the previous year.
4) Any profit on sale of a license granted under Imports (controls) Order 1955 made
under Imports & Exports (control) Act of 1947.
5) Any cash assistance (by whatever name called) received or receivable against
exports under any scheme of Government of India.
6) Any duty of customs or excise repaid or repayable as drawback to any person against
exports under the Customs and Central Excise Duty’s Drawback Rules 1971.
7) Any profit on the transfer of the Duty entitlement pass book scheme under export
import policy.
8) Any profit on the transfer of the Duty free replenishment certificate under export
import policy.
9) The value of any benefit or perquisite whether convertible into money or not arising
from business or exercise of a profession e.g. A gift received by the lawyer from his
client.
11) Sum received or receivable in cash or in kind under an agreement for not carrying
out any activity in relation to any business or not sharing any know how, patent,
copyright, trade mark, license franchise or any other business or commercial right of
similar nature or information or technique likely to assist the manufacture or processing
of goods or provision of services.
12) Any sum received including bonus under Keyman Insurance Policy.
13) Any sum received (or receivable) in cash or kind, on account of any capital asset
(other than land or goodwill or financial instrument) being demolished, destroyed,
discarded or transferred, if the whole of the expenditure on such capital asset has been
allowed as a deduction under section 35AD.
1) If assessee has occupied the premises as a tenant, rent of the premises and if he has
agreed to bear cost of repairs, such cost is allowed as deduction, provided it is not of
capital nature.
2) If assessee has occupied premises as the owner; repairs, land revenue, local taxes,
insurance premium etc. are allowed as deduction. However, no expenditure in form of
capital expenditure is allowed.
2. Repairs & Insurance of machinery, Plant & Furniture (Sec.31): Amount paid on
account of repairs and insurance premium against risk of damage in respect of
machinery, plant & furniture are allowed as deduction provided they are not of capital
nature.
3) Such use must be in the previous year. Depreciation is allowed not on individual
asset items, but on block of assets under following categories: ‐
1) Buildings
3) Furniture
4) Intangible Assets acquired after March 31, 1998 such as know‐ how, Patents,
Trademarks, licenses, franchises or any other business or commercial rights of similar
nature. The term plant includes ships, vehicles, books, scientific apparatus and surgical
equipment used for the business but excludes tea bushes or live stock. If any asset
falling in block of assets is acquired during the year and put to use during the previous
year for less than 180 days depreciation on such asset shall be restricted to 50% of the
normal depreciation. No depreciation is allowed on motor car which is manufactured
outside India and acquired on or after 1st March 1975 but before 1st April 2001
Synopsis
Gross total Income
Deductions u/s- 80C, 80ccc to 80 U
Income Tax calculation
Rates applicable for respective Assessment year
Education cess.
During a specified period. According to Section 14 of the Income Tax Act 1961,
the income of a person or an assessee can be categorised under these five heads.
Gross income for an individual consists of income from wages and salary plus other
forms of income, including pensions, alimony, interest, dividends, and rental income.
Gross income for a business, also known as gross profit or gross margin, includes the
gross revenue of the firm less cost of goods sold, but it does not include all of the other
costs involved in running the business.
Individual gross income is part of an income tax return and—after certain deductions
and exemptions—becomes adjusted gross income and then taxable income.
DEDUCTIONS/EXEMPTIONS
Section 80D, inter-alia, provides that a deduction upto Rs 30,000/- shall be allowed to
an assessee, being an individual or a Hindu undivided family, in respect of payments
towards annual premium on health insurance policy, or preventive health check-up, of a
senior citizen, or medical expenditure in respect of very senior citizen. It is proposed to
amend section 80D so as to raise this monetary limit of deduction from Rs 30,000/- to
Rs 50,000/.
Section 80DDB of the Act, inter-alia, provide that a deduction is available to an individual and Hindu
undivided family with regard to amount paid for medical treatment of specified diseases in respect of
very senior citizen up to Rs 80,000/- and in case of senior citizens up to Rs 60,000/- subject to
specified conditions. It is proposed to amend the provisions of section 80DDB of the Act
so as to raise this monetary limit of deduction to Rs 1,00,000/- for both senior citizens
and very senior citizens. Further, it is proposed to omit the word very senior citizen.
Further, u/s 80D, in case of single premium health insurance policies having cover of
more than one year, it is proposed that the deduction shall be allowed on proportionate
basis for the number of years for which health insurance cover is provided, subject to
the specified monetary limit.
is proposed to insert a new section 80TTB so as to allow a deduction upto Rs. 50,000/-
in respect of interest come from deposits held by senior citizens. However, no deduction
under section 80TTA shall be allowed in these cases.
ii. the purchase of agricultural implements, seeds, livestock or other articles intended for
agriculture for the purpose of supplying them to its members, or
The benefit shall be available for a period of five years from the financial year 2018-19.
This amendment will take effect from 1st April, 2019.
i. The benefit of deduction u/s 80-IAC would also be available to start ups incorporated
on or after the 1stday of April 2019 but before the1stday of April, 2021;
ii. The requirement of the turnover not exceeding Rs 25 Crore would apply to seven
previous years commencing from the date of incorporation;
iii. The definition of eligible business has been expanded to provide that the benefit
would be available if it is engaged in innovation, development or improvement of
products or processes or services, or a scalable business model with a high potential of
employment generation or wealth creation.
Further, it is also proposed to rationalize this deduction of 30% by allowing the benefit
for a new employee who is employed for less than the minimum period during the first
year but continues to remain employed for the minimum period in subsequent year.
- Sec 80AC currently provides that no deduction would be admissible u/s 80IA, 80IB,
80IC, 80ID or 80IE unless the return of income by the assessee is furnished on or
before the due date specified u/s 139(1). This burden is not cast upon assesses
claiming deductions under several other similar provisions.
- Accordingly, it is proposed to extend scope of Sec 80AC to provide that the benefit of
deduction under the entire class of deductions under the heading “C.—Deductions in
respect of certain incomes” in Chapter VIA like Sec 80P [Deduction in respect of income
PROF. MUBINA ATTARI www.dacc.edu.in
DNYANSAGAR ARTS AND COMMERCE COLLEGE, BALEWADI, PUNE – 45
Resident senior citizen, i.e., every individual, being a resident in India, who is of the age
of 60 years or more but less than 80 years at any time during the previous year:
Resident super senior citizen, i.e., every individual, being a resident in India, who is of
the age of 80 years or more at any time during the previous year:
Surcharge: - 10% of income tax where total income exceeds Rs. 50,00,000.
Note: - A resident individual is entitled for rebate under section 87A if his total income
does not exceed Rs. 5,00,000. The amount of rebate shall be 100% of income-tax or
Rs. 12,500, whichever is less.
Unit4: Miscellaneous
Synopsis
It is proposed to amend section 194A so as to raise the threshold for deduction of tax at
source on interest income for senior citizens from Rs 10,000/- to Rs 50,000/-. This
amendment will take effect, from 1st April, 2018.
Return of Income
ITR are forms that are mandatorily filled by individuals whose annual income greater
than a pre-set threshold limit set by the Finance Department.
These forms provides the details of individual’s gross income from various sources and
the tax paid by the individual taxpayer on the gross income. It also provides the details
of refund claims by the assesses as per the rules set by the Finance and IT Department.
In simple terms, ITR forms are taxpayers statement detailing his/her earnings Salary ,
interest, dividends, capital gains, or other profits, the total tax paid on earnings and the
appropriate refunds to be repaid to him/her by the Government.
Form ITR-1
Also known as the Sahaj Form, ITR-1 has to be filed by individual taxpayers alone. ITR-
1 is filed by taxpayer’s having income up to Rs 50,00,000 from below mentioned
sources:-
If the source of income is from one housing property(the case where losses of previous
years are carried forward are not included in this ITR).
Individuals with income sources like fixed Deposits, Investments, Shares etc
Income from other sources (excluding winning from lottery and income from race
horses, income tax under section 115BBDA or Income of nature referred to in section
115BBE)
If the clubbed income of minor or wife is shown, then ITR-1 can be filed only in case
their source of income as mentioned in the above points.
ITR-1 is not valid for assessee who has deposited more than Rs 1 Crore in Bank
Account or has incurred Rs 2 Lakh/ Rs 1 Lakh in foreign travel/ electricity expenses.
Form ITR-2
This form was introduced during the assessment year 2015-16 for use by Hindu
Undivided Family (HUF) or any individual. The following individuals/taxpayers can file
ITR-2 Form.
Those taxpayer having no income under the head “profits or gains of business or
profession”.
Form ITR-3
Who claims income under the head “profits or gains of business or profession”
Form ITR-4
Also known as Sugam, ITR 4 Form is for use by HUF/ individual / Partnership Firm
whose total income consist of :-
Salary/ Pension; or
Income from One House Property (excluding cases where a loss is brought forward
from previous years); or
Income from other sources (excluding windfalls like lotteries or horse racing)
Form ITR-5
ITR-5 is for firms, LLPs, AOPs (Association of persons) and BOIs (Body of Individuals).
Further, it is also meant for an artificial juridical person referred to in section 2(31)(vii),
cooperative society and local authority.
Advance tax means income tax should be paid in advance instead of lump sum
payment at year end. It is also known as pay as you earn tax. These payments have to
be made in instalments as per due dates provided by the income tax department.
Salaried, freelancers and businesses– If your total tax liability is Rs 10,000 or more in
a financial year you have to pay advance tax. Advance tax applies to all taxpayers,
On or before 15th September 45% of advance tax less advance tax already paid
On or before 15th December 75% of advance tax less advance tax already paid
On or before 15th March 100% of advance tax less advance tax already paid
salaried, freelancers, and businesses. Senior citizens, who are 60 years or older, and do not
run a business, are exempt from paying advance tax.
Presumptive income for Businesses–The taxpayers who have opted for presumptive taxation
scheme under section 44AD have to pay the whole amount of their advance tax in one
instalment on or before 15 March. They also have an option to pay all of their tax dues by 31
March.
For taxpayers who have opted for Presumptive Taxation Scheme under section 44AD &
44ADA – Business Income
Refund of Tax
A tax refund is a reimbursement to a taxpayer of any excess amount paid to the federal
government or a state government. Taxpayers tend to look at a refund as a bonus or a stroke of
luck, but it really represents an interest-free loan that a taxpayer makes to the government.
Synopsis
The Central Board of Direct Taxes constituted under the Central Boards of Revenue
Act, 1963 (54 of 1963),
The Board may, by notification in the Official Gazette, direct that any income-tax
authority or authorities specified in the notification shall be subordinate to such other
income-tax authority or authorities as may be specified in such notification.
The Central Board of Direct Taxes is a statutory authority functioning under the Central
Board of Revenue Act, 1963. The officials of the Board in their ex-officio capacity also
function as a Division of the Ministry dealing with matters relating to levy and collection
of direct taxes.
The Central Board of Direct Taxes is a statutory authority functioning under the Central
Board of Revenue Act, 1963. The officials of the Board in their ex-officio capacity also
function as a Division of the Ministry dealing with matters relating to levy and collection
of direct taxes.
The Central Board of Revenue as the apex body of the Department, charged with the
administration of taxes, came into existence as a result of the Central Board of Revenue
Act, 1924. Initially the Board was in charge of both direct and indirect taxes. However,
when the administration of taxes became too unwieldy for one Board to handle, the
Board was split up into two, namely the Central Board of Direct Taxes and Central
Board of Excise and Customs with effect from 1.1.1964. This bifurcation was brought
about by constitution of two Boards u/s 3 of the Central Board of Revenue Act, 1963.
The Central Board of Direct Taxes consists of a Chairman and following six Members:
Chairman
Member (Income-tax)
Member (Legislation & Computerisation)
Member (Personnel & Vigilance)
Member (Investigation)
Member (Revenue)
Member (Audit & Judicial)
An Assessing Officer is a person who has the jurisdiction (rights) to make assessment of
an Assessee, who is liable under the Income-tax Act. An Assessing Officer is an
individual person appointed by the Income-tax department. He performs all powers
and functions as assigned to him under the Income-tax Act.
Collection of information.
Power of survey.
Power to call for information.
Power to possess book of accounts.
Power of search and seizure.
Power related to discover and produce evidences.
Reference’s
1. http://www.mastermindsindia.com/
2. www.caclubindia.com
3. https://taxguru.in/
4. http://newhorizonindia.edu/
5. http://www.svtuition.org/
6. https://accountlearning.com/
7. . Indian Income Tax -: Dr. Vinod Singhania.
8. Income Tax -: Manoharem.
9. Practical Auditing -: Spicer and Peglar.