Gross Total Income

Taxability of Gifts (Money & Property) under Section 56(2)(x) as “Income from Other Sources”

1. Applicability Section 56(2)(x) covers: Cash gifts Immovable property(land, buildings) Movable property(jewelry, shares, artwork, vehicles, etc.) received: Without consideration (free) For inadequate consideration (below FMV) 2. Taxable Scenarios TYPE OF GIFT THRESHOLD TAXABLE VALUE Cash gifts ₹50,000/year Entire amount if >₹50k Immovable property ₹50,000 Stamp duty value – Consideration Movable property ₹50,000 FMV – Consideration […]

Taxability of Gifts (Money & Property) under Section 56(2)(x) as “Income from Other Sources” Read More »

Share Premium Received in Excess of The Fair Market Value (FMV) By Closely Held Company [section 56(2) (viib)]

Here’s a comprehensive analysis of Section 56(2)(viib) of the Income Tax Act, 1961, which taxes share premium received in excess of fair market value (FMV) by closely held companies: 1. Purpose and Scope of Section 56(2)(viib) Introduced in 2012to prevent money laundering through inflated share premiums in closely held companies. Applies to: Closely held companies (not publicly

Share Premium Received in Excess of The Fair Market Value (FMV) By Closely Held Company [section 56(2) (viib)] Read More »

Taxability of Interest on Compensation or Enhanced Compensation Under Section 56(2)(viii)

Here’s a detailed analysis of the taxability of interest on compensation or enhanced compensation under Section 56(2)(viii) of the Income Tax Act, 1961: 1. Scope of Section 56(2)(viii) Applies to: Interest received on compensation or enhanced compensationawarded under laws like the Land Acquisition Act, 1894. Taxable as: “Income from Other Sources”(not capital gains), effective post-2010 amendments. 2. Key Judicial

Taxability of Interest on Compensation or Enhanced Compensation Under Section 56(2)(viii) Read More »

Taxability of Forfeited Advance Money for Transfer of Capital Assets Under Section 56(2)(ix)

Here’s a detailed analysis of the taxability of forfeited advance money for transfer of capital assets under Section 56(2)(ix) of the Income Tax Act, 1961: 1. Scope and Applicability of Section 56(2)(ix) Introduced in 2014(via Finance (No. 2) Act), this provision taxes any advance or deposit received during negotiations for transferring a capital asset if: The amount

Taxability of Forfeited Advance Money for Transfer of Capital Assets Under Section 56(2)(ix) Read More »

Tax Treatment of Family Pension Payments Received by Legal Heirs of a Deceased Employee

Here’s a detailed analysis of the tax treatment of family pension payments received by legal heirs of a deceased employee under the Income Tax Act, 1961: 1. Taxability of Family Pension Classification: Taxed under “Income from Other Sources”[Section 56(2)]. Recipient: Legal heirs (spouse, children, dependent parents) of the deceased employee. Tax Basis: Pension amount is fully taxable but

Tax Treatment of Family Pension Payments Received by Legal Heirs of a Deceased Employee Read More »

Tax Treatment of Employee Welfare Fund Contributions under Section 56(2)(ic)

1. Applicability of Section 56(2)(ic) This provision covers any sum of money received by an employer from an employee for: Welfare funds(e.g., employee welfare trust, group insurance, provident fund) Other similar contributionsdeducted from salary Key Condition: The amount must not be statutory (e.g., EPF, ESI) but voluntary or contractual. 2. Taxability in Employer’s Hands Taxable as “Income from Other Sources”if:

Tax Treatment of Employee Welfare Fund Contributions under Section 56(2)(ic) Read More »

Deductions Allowed from “Income from Other Sources” [Section 57]

Section 57 of the Income Tax Act, 1961, permits specific deductions while computing taxable income under the head “Income from Other Sources.” Unlike business income, deductions are limited and strictly defined. 1. Deductions Allowed Under Section 57 NATURE OF INCOME DEDUCTION ALLOWED CONDITIONS Dividend Income (from non-exempt sources) Interest expense (up to 20% of dividend income) [Sec 57(iii)] Must be incurred to

Deductions Allowed from “Income from Other Sources” [Section 57] Read More »

Section 58: Amounts Not Deductible from “Income from Other Sources”

1. Overview of Section 58 Section 58 specifies expenses that cannot be deducted while computing taxable income under the head “Income from Other Sources”, even if they are incurred to earn such income. This ensures strict compliance with tax laws and prevents misuse of deductions. 2. Key Non-Deductible Expenses CATEGORY DESCRIPTION RELEVANT CLAUSE Personal Expenses Expenses not wholly/exclusively

Section 58: Amounts Not Deductible from “Income from Other Sources” Read More »

Deemed Income Chargeable to Tax [Section 59]

Section 59 deals with deemed income that becomes taxable under the head “Income from Other Sources” when certain conditions are met. It applies primarily to recoveries, benefits, or remissions related to previously claimed deductions or losses. 1. Applicability Section 59 applies when: An assessee has claimed deductions, allowances, or lossesin earlier years. Later, they recoverthe amount or obtain a benefit (e.g., remission of

Deemed Income Chargeable to Tax [Section 59] Read More »

Clubbing of Income [Sections 60 to 65]

The Income Tax Act contains provisions to prevent tax avoidance by transferring income to other persons (usually family members or related entities). Sections 60 to 65 specify situations where income earned by another person is included (clubbed) in the assessee’s total income. 1. Transfer of Income without Transfer of Asset [Section 60] If an individual

Clubbing of Income [Sections 60 to 65] Read More »

Scroll to Top