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Scope of total income on the basis of residential status as per Income Tax Act 1961

 The tax is levied on total income of a person. The total income is based upon the residential status of an assessee. Section 5 provides the scope of total income which varies on the basis of the status. 

1. Scope of total income of  'a Resident' [Section (1)]

    (a) Income received or deemed to be received in India during the relevant accounting year. The place and date of accrual is immaterial.

    (b) Income which accrues or arises or is deemed to accrue or arise in India during the relevant accounting year irrespective of the date and place of its receipts.

    (c) Income accruing during the relevant accounting year outside India whether it is brought or not in India during the year.


2. Scope of total income of  'Not Ordinarily Resident' [Section 5(1)]

    (a) Income received or deemed to be received in India during the relevant accounting year. The date and place of accrual is immaterial.

    (b) Income which arises or is deemed to accrue or arise in India during the relevant accounting year irrespective of the date and place of its receipts.

    (c) Income accruing or deemed to accrue or deemed to be received outside India during the relevant accounting year from business set up in and controlled from India.


3. Scope of total income of  'Non-Resident' [Section 5(2)]

    (a) Income received or deemed to be received in India during the relevant accounting year. The date and place of accrual is immaterial.

    (b) Income which accrues or arises or is deemed to accrue or arise in India during the relevant accounting year irrespective of the data and place of its receipts.

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