Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 Old or new tax regime for TDS on salary? This post-election 2024 event will impact your tax planning
 What Are 5 Heads Of Income Tax?
 Income Tax Dept releases interim action plan for FY25 on tax collection, refund approvals
  Income Tax Return: 5 lesser-known tax-saving tips from Section 80
 Income Tax Return: 5 lesser-known tax-saving tips from Section 80
 Why you need not rush to file your ITR immediately
 Income tax returns: ITR-1, ITR-2, ITR-4 forms for FY 2023-24 available for e-filing
 Section 80DDB tax benefits for specified illnesses: 5 things to know
 Income tax slabs FY 2024-25: Five tips to help taxpayers decide between old and new income tax regimes
 ITR-1, ITR-2, ITR-4 forms for FY 2023-24 (AY 2024-25) available now on e-filing income tax portal
 How To Save Tax For Salary Above 15 Lakhs?

Income-tax on gross income or net income?
August, 07th 2007
Salaried people now pay income-tax on their gross income while businessmen, self-employed persons and others pay tax on their net income, even as the income-tax exemption limit is the same for everyone. This gross injustice needs to be removed.

As per Income-Tax Act of 1961, income-tax is levied on net and not gross income. Salaried people were allowed to deduct expenses incidental to their employment viz conveyance, books and periodicals, newspapers, etc, from their gross salary since Indian income-tax Act 1922 u/s 7(2). Then, the limit for such expenses was Rs 500 and the same was adopted verbatim in the Income-Tax Act 1961 u/s 16(i). With inflation, the limit for deduction u/s 16(i) rose from time to time.

In the Lok Sabha debate on Budget 1974, then finance minister YV Chavan made it standard deduction on the grounds of inevitability of such incidental expenses and it was decided that documentary evidence for such expenses would no more be needed to claim benefit of Standard deduction.

Till the assessment year 2005, the limit for such expenses was steadily raised up to Rs 30,000 or 40% of gross salary whichever was less. In the budget for assessment year 2006-07, finance minister P Chidambaram disallowed the standard deduction for salaried people on the grounds of raising the exemption limit to Rs 1,00,000 as well as on broadening of slabs of income-tax. The same budget could not be debated due to boycott by BJP, and salaried people became the victim of politics.

In fact, the former chief justice of India, Justice PN Bhagawati, has rightly mentioned in his book on income-tax that exemption and deduction are distinguished; so on mere increase of the tax exemption limit, the right of deduction cannot be taken away.

Due to hike in petroleum prices a substantial portion of salary is spent on conveyance. The Rs 800 conveyance allowance that is exempted from tax hardly takes this into account. Expenses on books, periodicals, newspapers also ought to be deducted while taxing the income of salaried people, as is allowed while levying tax on other assessees under other heads of income viz house property, business profession, capital gain, other sources of income. This provision is also available in other countries viz USA, France, England, Switzerland, etc.

On November 6, 2006, a member of the Central Board of Direct Taxes also accepted the anomaly and proposed reinduction of standard deduction from 2007. This was reported in several leading newspapers.

Due to the ignorance of masses and politicians, and the wholly unjustifiable process of passing the Budget without any discussion in Parliament, after a closed budget-making process even in this era of transparency, salaried people are condemned to pay tax on gross receipts while other assesses are paying their tax after deducting from their gross income several incidental expenses as a matter of right.

It is the height of injustice that more than 2.7-crore salaried people are paying tax on their gross incomes while others, whose incomes arise from sources other than salary, pay tax on their net incomes.

R K Gupta
(The author teaches at Govt Post Graduate College, Noida)
Home | About Us | Terms and Conditions | Contact Us
Copyright 2024 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting