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Business
Business includes any Trade, Commerce or Manufacture or any adventure
in the nature of Trade, Commerce or Manufacture.
b. Capital asset
Capital asset is defined to include property of any kind, whether fixed or
circulating, movable or immovable, tangible or intangible.
Exceptions:
a) Any stock-in-trade, consumable stores or raw material held for the
purposes of business or profession.
b) Movable property of the Assessee including wearing apparel and
furniture held for his personal use or for the use of any member of his
family dependent on him.
The exception to this condition is jewellery, which is treated as a capital
asset, even though it is meant for personal use.
c) Agricultural land in India provided it is not situated in urban area.
d) 6 % Gold Bonds, 7% Gold Bonds or National Defence Gold Bonds,
issued by the central government.
e) Special Bearer Bonds, and
f) Gold Deposit bonds issued under Gold Deposit Scheme of 1999.
g) Short term assets and long term assets
c. Company
A company is said to be resident in India, in any previous year, if
(a) It is an Indian company, or
(b) During that year, the control and management of its affairs is situated
wholly in India.
Thus, an Indian company is always resident in India, whether its affairs
are controlled wholly from India or wholly from outside India or partly
from India and partly from outside India. A foreign company may be a
resident in India, if the control and management of its affairs is situated
wholly in India, during that year. In the case of a company, the control
and management of its affairs is taken to be situated at a place where
the meetings of its board of directors are held. The term control and
management indicates the head and brain which direct the affairs of
the company in respect of its policy, finance, disposal of profit,
management etc.
d. Previous year
Previous Year means the previous year as defined in Section 3
Section 3 states:
Previous Year is the financial year immediately preceding the
assessment year.
For E.g. For A.Y. 2014-15, previous year starts from 1st April 2013 and
ends on 31st March 2014.
e. Assessment year
Assessment year means the period of twelve months commencing on the
1st day of April every year
For Previous Year 2013-14, corresponding Assessment Year is 2014-2015
f. Assessee