A brief about Income Tax India
Income tax is a fundamental component of a nation’s fiscal system, and India is no exception. Levied by the central government, income tax is a direct tax imposed on the earnings of individuals, Hindu Undivided Families (HUFs), partnership firms, limited liability partnerships (LLPs), and corporations. The Income Tax Act of 1961 serves as the primary legislation governing income tax in India.
The significance of income tax lies in its role as a major source of revenue for the government. It enables the government to finance public expenditure, fund developmental projects, and provide essential services such as healthcare, education, infrastructure, and defense. By contributing to income tax, individuals and entities actively participate in the nation-building process.
Unlike a flat-rate tax system, India follows a progressive tax structure, commonly known as the slab system, to determine income tax liability. Under this system, different income ranges, or slabs, are assigned specific tax rates. As an individual’s income increases, they move through different tax slabs, with progressively higher rates applied to higher income brackets. This approach ensures a fair distribution of the tax burden, with those earning higher incomes contributing proportionally more to the government’s coffers.
Who Are the Taxpayers?
Taxpayers are individuals or entities that are responsible for paying taxes to the government based on their income or profits. In India, taxpayers can be divided into two categories:
Individuals
These taxpayers are individuals who are liable to pay taxes on their income from various sources such as salary, house property, business, capital gains, and other sources.
Corporations
These taxpayers are entities, such as companies, that are liable to pay taxes on the profits earned during the previous year from their business activities.
Who Needs to Pay Income Tax?
Income tax is levied on the income of a person or entity in a financial year, which runs from 1st April to 31st March. According to the Income Tax Act of 1961, individuals and entities must file an Income Tax Return (ITR) and pay taxes if any of the following conditions apply:
- Total income exceeds the basic exemption limit.
- Assets are held outside India.
- Signing authority exists in any account located outside India.
- Income is received from a foreign source.
- Relief has been claimed under sections 90 or 90A or deduction under section 91.
- Individual is a Resident Not Ordinarily Resident (RNOR) and has foreign income.
- Individual is a non-resident and has any income from India.
The basic exemption limit for individuals depends on their age and residential status. For the financial year 2022-23, the basic exemption limits are as follows:
- Below 60 years: Resident or non-resident – ₹2.5 lakhs
- 60 years or more but below 80 years: Resident – ₹3 lakhs
- 80 years or more: Resident – ₹5 lakhs
Types of Income to be Taxed
The Income Tax Act classifies a taxpayer’s income into five different heads. Each head has its own rules and provisions for calculating taxable income. Here are the five heads of income:
- Income from Salary
This includes income received from an employer in the form of salary, wages, bonuses, commissions, perquisites, gratuity, and pension. Certain exemptions and deductions, such as house rent allowance (HRA) and standard deduction, are also considered under this head. - Income from House Property
This includes income earned from properties owned by the taxpayer, such as rental income from residential or commercial properties. Deductions for municipal taxes, interest on loans, and standard deduction are applicable under this head. - Income from Profits and Gains from Business or Profession
This includes income earned from any kind of business or profession, such as trading, manufacturing, services, and consultancy. Deductions for business-related expenses like rent, salary, depreciation, and interest are considered under this head. - Income from Capital Gains
This includes income from the sale or transfer of capital assets like land, buildings, shares, bonds, and mutual funds. The gains are classified as short-term or long-term based on the holding period, and tax rates and exemptions vary accordingly. - Income from Other Sources
This includes income from sources that do not fall under the other four heads, such as interest income, dividends, lottery winnings, and gifts above a certain limit. Deductions for expenses incurred to earn this income are applicable under this head.
Understanding Income Tax Rates in India
The Old Regime: Maximizing Deductions
The old regime refers to the tax system that existed before the introduction of the new regime. Under this regime, taxpayers have access to a wide range of exemptions and deductions, such as House Rent Allowance (HRA) and Leave Travel Allowance (LTA). These deductions can be claimed to reduce taxable income and ultimately lower tax payments.
While the old regime offers the advantage of numerous deductions, it comes with higher tax rates compared to the new regime. However, there is a rebate of Rs. 12,500 available for individuals with income up to Rs. 5 lakh.
The New Regime: Lower Tax Rates, Limited Deductions
The new regime was introduced in the Budget of 2020 as a simplified alternative to the old regime. Under this regime, tax rates are generally lower compared to the old regime. However, most exemptions and deductions available in the old regime are not applicable in the new regime.
Old Regime
Income Slabs | Tax Rates for Individuals below 60 years | Tax Rates for Senior Citizens (60-80 years) | Tax Rates for 80 years above Super Senior Citizens |
Up to Rs. 2.5 lakh | Nil | Nil | Nil |
Rs. 2.5 lakh – Rs. 5 lakh | 5% | 5% | Nil |
Rs. 5 lakh – Rs. 10 lakh | 20% | 20% | 20% |
Above Rs. 10 lakh | 30% | 30% | 30% |
New Regime
Income Slabs | Tax Rates for all Individuals |
Up to Rs. 2.5 lakh | Nil |
Rs. 2.5 lakh – Rs. 5 lakh | 5% |
Rs. 5 lakh – Rs. 7.5 lakh | 10% |
Rs. 7.5 lakh – Rs. 10 lakh | 15% |
Rs. 10 lakh – Rs. 12.5 lakh | 20% |
Rs. 12.5 lakh – Rs. 15 lakh | 25% |
Above Rs. 15 lakh | 30% |
It’s worth noting that the rebate under the new regime has been increased, allowing income up to Rs. 7 lakh to be tax-free from FY 2023-24.
Important Points to Consider
In addition to the tax rates based on income slabs, there are a few other crucial points to keep in mind:
- Surcharge and Cess: Taxpayers may be required to pay a surcharge based on their income level, ranging from 10% to 37%. Additionally, a Health & Education Cess of 4% is levied on the total income tax amount, including the surcharge.
- Standard Deductions: Salaried individuals, including pensioners, can claim a standard deduction of Rs. 50,000 or the actual salary amount, whichever is lower, under both regimes.
- Family Pension Deduction: Individuals receiving family pension can deduct thirty-three and one-third percent of the pension amount or Rs. 15,000, whichever is less, under both regimes.
- Changes in Budget 2023: The surcharge rate on income over ₹5 crores has been reduced from 37% to 25% under the new regime. Additionally, the exemption limit for non-government employees for leave encashment has been raised from ₹3 lakhs to ₹25 lakhs.
- Default Option: Starting from FY 2023-24, the new income tax regime will be set as the default option.
]
Other Corporates Tax
- Tax Rates for Partnership Firms, LLPs, and Corporations:
Partnership Firms and LLPs: For partnership firms and limited liability partnerships (LLPs), the tax rate is a flat 30% on the total income. Cess and surcharge are applicable as per the income range. - Domestic Corporations:
For domestic corporations, the tax rate depends on the turnover of the company in the previous year. If the turnover is less than Rs. 400 crore, the tax rate is 25%. If the turnover is more than Rs. 400 crore, the tax rate is 30%. Cess and surcharge are applicable based on the income range. - Foreign Corporations:
For foreign corporations operating in India, the tax rate is 40% on the total income. Cess and surcharge are applicable as per the income range.
Staying Informed
As tax regulations are subject to change, it is essential to stay updated with the latest amendments through the Finance Act.
Understanding Advance Tax and Payment Process
Due Dates for Advance Tax
Advance tax is a mechanism of paying income tax in instalments during the financial year instead of paying it all at once. For FY 2022-23, the due dates for paying advance tax are as follows:
- 15th June: 15% of the estimated advance tax
- 15th September:deducting the advance tax already paid from 45% of the estimated advance tax.
- 15th December: 75% of the estimated advance tax minus the advance tax already paid
- 15th March: 100% of the estimated advance tax minus the advance tax already paid
How to Pay Advance Tax
You can conveniently pay your advance tax online by following these steps:
- Access the e-filing portal of the Income Tax Department of India.
- Select the relevant challan, known as ITNS 280.
- Provide your PAN, address, bank details, and the amount of tax you want to pay.
- Verify the entered details and proceed to the net-banking site of your bank.
- Make the payment through the net-banking platform.
- Upon successful payment, you will receive a challan counterfoil as proof of payment.
It’s important to ensure accurate details and payment of the correct tax amount during the advance tax payment process.
Penalty for Non-payment or Insufficient Payment
If you fail to pay advance tax or pay less than the required amount, you may be liable for penalty interest as per the Income Tax Act.
- Section 234B of the Income Tax Act applies when you fail to pay advance tax or pay less than 90% of the assessed tax. The penalty interest is calculated at a rate of 1% per month on the unpaid amount from 1st April of the relevant financial year until the date of payment.
- Section 234C applies if you pay advance tax less than the required amount in each instalment. The penalty interest is also calculated at a rate of 1% per month, but only for a period of three months. However, there is no interest penalty for the fourth instalment due on 15th March.
It’s crucial to pay advance tax on time and in the correct amount to avoid any penalty or interest charges imposed by the tax authorities.
Understanding Income Tax Return (ITR) Forms and Filing Process
Types of ITR Forms
There are seven types of ITR forms notified by the income tax department, each designed for different categories of taxpayers and income sources. Here are the different ITR forms and their applicability:
- ITR-1 / Sahaj :Applicable to individuals and Hindu Undivided Families (HUFs) who are residents and have income from salary, one house property, other sources, and agricultural income up to Rs. 5,000.
- ITR-2 : Applicable to individuals and HUFs who have income from salary, more than one house property, capital gains, other sources, foreign assets, or foreign income.
- ITR-3: Applicable to individuals or HUFs who are partners in a firm and have income from salary, house property, business or profession, capital gains, other sources, foreign assets, or foreign income.
- ITR-4: Applicable to individuals, HUFs, and firms who have presumptive business income under sections 44AD, 44ADA, or 44AE.
- ITR-5: Applicable to persons other than individuals, HUFs, and companies. Also used by those filing ITR-7.
- ITR-6:Applicable to companies other than those claiming exemption under section 11.
- ITR-7: Applicable to persons, including companies, required to furnish returns under sections 139(4A), 139(4B), 139(4C), 139(4D), 139(4E), or 139(4F).
Filing Process for ITR
To file your Income Tax Return (ITR) online, follow these steps:
- Calculate your income and tax liability for the financial year 2022-23.
- Download your Form 26AS to verify your Tax Deducted at Source (TDS) and tax payments.
- Determine the correct ITR form based on your sources of income.
- Visit the income tax portal at https://www.incometax.gov.in/iec/foportal/.
- Download the ITR utility relevant to your selected form.
- Fill in your details in the downloaded utility and generate an XML file.
- Upload the XML file on the income tax portal.
- Verify your ITR using any of the available methods provided on the portal.
By following these steps, you can successfully file your ITR online and fulfill your tax obligations.
Simplifying Income Tax Deductions and Exemptions
Deductions for Individuals and Dependents
Deductions for Disabilities
Under Section 80U of the Income Tax Act, individuals with disabilities can claim deductions based on their disability condition:
- Normal disability (40% or more but less than 80%): Deduction of Rs. 75,000.
- Severe disability (80% or more): Deduction of Rs. 1.25 lakh.
Deductions for Medical Treatment
Section 80DDB allows deductions for medical treatment of specified diseases. The deductions are as follows:
- Below 60 years: Rs. 40,000 or actual expense, whichever is less.
- 60 years or more but below 80 years: Rs. 1 lakh or actual expense, whichever is less.
- 80 years or more: Rs. 1 lakh or actual expense, whichever is less.
Other Deductions
- Deductions for Education Loans: Under Section 80E, individuals can claim deductions for interest paid on education loans taken for higher education. The deduction is available for a maximum of eight years or until the interest is paid, whichever is earlier.
- Deductions for Donations and Rent: Deductions for Donations Under Section 80G, deductions are available for donations made to specified funds and charitable institutions, subject to certain conditions and limits.
- Section 80EE and 80EEA allow deductions for interest paid on home loans for first-time home buyers. The eligibility for deductions is contingent upon specific criteria and constraints.
- Deductions for Electric Vehicles: Section 80EEB provides taxpayers with deductions for the interest paid on loans obtained specifically for purchasing electric vehicles. However, these deductions are contingent upon meeting certain conditions and limitations.
- Deductions for Donations and Rent: Deductions for Donations Under Section 80G, deductions are available for donations made to specified funds and charitable institutions, subject to certain conditions and limits.
- Deductions for Rent: Section 80GG allows deductions for rent paid by individuals who do not receive house rent allowance (HRA) from their employers. The deduction is calculated based on specified conditions, such as rent paid, total income, and 10% of total income.
Exemptions and Allowances for Salaried Individuals
- House Rent Allowance (HRA): HRA is an allowance provided by employers to employees for rent expenses. The exemption is calculated based on actual HRA received, rent paid less 10% of salary, or 40% (50% for metros) of salary, whichever is least.
- Leave Travel Allowance (LTA): LTA is an allowance provided by employers for travel expenses during leaves. The exemption is limited to actual travel expenses incurred on the shortest route within India, subject to certain conditions.
- Mobile Reimbursement and Books/Periodicals: Mobile reimbursement and books/periodicals allowances are provided by employers for respective expenses. The exemptions are calculated based on actual bill amounts or the amounts provided in the salary package, whichever is lower.
- Standard Deduction:Standard deduction is a flat deduction of Rs. 50,000 available to salaried individuals from their gross salary income, irrespective of expenses incurred or investments made.
Understanding and utilizing these deductions and exemptions can help individuals optimize their tax liabilities and maximize their savings.
Simplifying Income Tax Calculations and Refunds
Understanding Income Tax Calculators
An income tax calculator is a convenient online tool that helps you estimate your tax liability for a financial year based on your income and deductions. By using an income tax calculator, you can compare the tax under the old and new tax regimes and determine which one is more beneficial for you.
How to Use an Income Tax Calculator
To use an income tax calculator in India, follow these simple steps:
- Visit the e-filing portal of the Income Tax Department of India or any reputable website offering an income tax calculator service.
- Select the relevant financial year and assessment year for which you want to calculate your taxes.
- Choose your age bracket, taxpayer category, and residential status.
- Enter your income details from salary, house property, capital gains, business or profession, and other sources. If you have any income from digital assets, include the net income as well.
- Provide information about your deductions under various sections of the Income Tax Act, such as 80C, 80D, 80G, 80E, etc. Note that if you opt for the new tax regime, you may not be able to claim most of these deductions.
- Include details of TDS (Tax Deducted at Source), TCS (Tax Collected at Source), advance tax, and self-assessment tax payments made.
- Click on the calculate button to obtain your tax liability under both the old and new tax regimes. You can also view a detailed comparison of the tax summary and explore tax-saving options.
Understanding Income Tax Refunds
An income tax refund occurs when you have paid more tax than your actual tax liability. You can claim an income tax refund by filing your income tax return (ITR) online. During the filing process, you will need to provide your bank account details and verify your ITR using Aadhaar OTP, net banking, or EVC (Electronic Verification Code). Once your ITR is processed, the refund amount will be credited to your bank account.
Checking the Status of Your Income Tax Refund
You can conveniently check the status of your income tax refund online by visiting the e-filing portal of the Income Tax Department of India. Using this portal, you can access the refund status by providing your relevant details. The portal will provide you with real-time updates on the processing and expected timeline for receiving your refund
FAQs of Income Tax
The income tax slabs for AY 2022-23 depend on factors like age, residential status, and chosen taxation regime. Under the old regime, tax rates range from 0% to 30% for individuals, HUFs, and domestic companies. Under the new regime, tax rates range from 0% to 30% for individuals and HUFs. Surcharge and cess are applicable in addition to the tax rates.
You can calculate your income tax liability for AY 2022-23 using an online income tax calculator or manually. The calculator considers your income, deductions, exemptions, and applicable tax rates. Manual calculation involves determining your residential status, computing gross total income, deducting eligible deductions, and applying slab rates. Surcharge and cess must also be considered.
To claim a refund of excess tax paid for AY 2022-23, file your return online through the Income Tax Department’s e-filing portal. Provide bank account details and select refund reissue. Verify your return electronically or physically. After verification, the department will process your return and issue a refund order. Refunds are credited electronically or sent by cheque or demand draft.
Due dates for filing income tax returns for AY 2022-23 vary based on taxpayer category and audit requirements. Individuals and HUFs without audit need to file by July 31, 2023, while those with audit need to file by September 30, 2023. Companies have the same deadlines.
Advance tax is paid in instalments during the financial year if estimated tax liability exceeds ₹10,000. Individuals, HUFs, non-corporate taxpayers, and companies are liable to pay advance tax. Senior citizens above 60 years without business or profession income are exempt.
Apply for a new PAN card or make changes online through NSDL or UTIITSL websites. Fill the online form, pay the fee, and upload necessary documents. Physical submission is also an option. Receive an acknowledgement number to track PAN card status, with delivery taking 15-20 days.
Common deductions under the old regime for AY 2022-23 include Section 80C (investments like EPF, PPF, NSC), Section 80D (medical insurance premiums), Section 24 (home loan interest), and Section 80G (donations to charitable organizations).
Section 80C is a popular deduction that allows you to reduce your taxable income by up to ₹1.5 lakh by investing in specified instruments or spending on certain purposes. Some eligible investments and expenses under section 80C include life insurance premiums, Public Provident Fund (PPF), National Savings Certificate (NSC), Equity Linked Savings Scheme (ELSS), tuition fees, and more. The deduction is subject to an overall limit of ₹1.5 lakh.
Section 80D is a deduction that allows you to reduce your taxable income by up to ₹1 lakh by paying health insurance premiums or medical expenses. The deduction limit varies based on factors like age and relationship to the insured person. Eligible expenses include health insurance premiums for self, spouse, children, and parents, as well as medical expenses and preventive health check-ups. The deduction can be claimed within the overall limit of ₹1 lakh.
Section 24 is a deduction that allows you to reduce your taxable income from house property by up to ₹2 lakh. It applies to interest paid on a home loan for the purchase, construction, repair, or renovation of a self-occupied property. If you have multiple properties, interest paid on a home loan for any of them is eligible for deduction without any limit. However, the net income from the property cannot be negative. The deduction is limited to the amount paid or payable, whichever is lower.
Perquisites are non-monetary benefits or facilities provided by employers to employees in addition to salary or wages. Some perquisites are exempt from tax. Common tax-exempt perquisites include House Rent Allowance (HRA), Leave Travel Allowance (LTA), mobile reimbursement, books and periodicals, and food coupons. HRA exemption is based on actual rent paid, while LTA exemption depends on the actual amount spent on travel. Mobile reimbursement, books and periodicals reimburse actual expenses or as provided in the salary package. Food coupons are exempt up to ₹50 per meal.