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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