Scope of Total Income
Section 5 provides the
scope of total income in terms
of the residential status of the assessee
because the incidence of tax on any person depends upon his residential status. The scope of total income of an assessee depends upon the following three important considerations:
- the residential status of the assessee;
- the place of accrual or receipt of income, whether actual or deemed; and
- the point of time at which the income had accrued to or was received by or on behalf of the assessee.
The ambit of total income of the three classes of assessees would be as follows:
Scope of total Income
|
Resident and Ordinarily Resident
|
Resident but
not
Ordinarily
Resident
|
Non-Resident
|
Income received or deemed to be received in
India during the previous year
|
Yes
|
Yes
|
Yes
|
Income
accruing or arising or deeming to accrue or arise in India during
the previous year
|
Yes
|
Yes
|
Yes
|
Income accruing or arising outside India during
the previous year
|
Yes, even if such
income is not received
or brought into India during
the previous year
|
Yes, but only if
such
income
is derived from a
business controlled in
or profession
set up in India; Otherwise, No.
|
No
|
Past Untaxed Foreign income brought
to India / Agricultural Income from India/ Share of Income
from Indian partnership
firm / Dividend from an Indian
Company/
Gift from a relative.
|
No
|
No
|
No
|
Ref:
ICAI
ICSI
Income Tax Law and Practice by Gaur and Narang.
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