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Other Sources
CA. Vivek Doshi
INTRODUCTION
“Income from Other Sources” is a residuary head of income. Any item of
income chargeable to tax but does not fall within the ambit of the other
four specific heads of income shall be included under this head of
income.
(1) Chargeability – Section 56
The following income shall be charged to tax only under the head
“Income from Other Sources”:
1) Dividend income covered by sub-clause (a) to (e) of clause (22) of
Section 2.
2) Income by way of winnings from lotteries, cross word puzzles, races
including horse race, card games and other games of any sort, gambling,
betting, etc. It requires mention here that such winnings are chargeable
to tax u/s 115BB at a flat rate of 30%.
3) Any sum of money, the aggregate value of which exceeds Rs.50,000
received from any person without consideration by an individual or Hindu
Undivided Family on or after 01.04.2006.
However, exemption is granted in respect of any sum of
money received –
a) from any relative; or
b) on the occasion of marriage of individual; or
c) under a Will or by way of inheritance; or
d) in contemplation of death of the payer or
e) from a local authority; or
f) from any fund, foundation, university, other
educational institution, hospital, medical institution,
any trust or institution referred to in Section 10(23C);
or
g) From charitable institutions registered u/s 12AA.
In respect of above gifts, there is no ceiling limit and
therefore, entire amount is exempt from chargeability.
All other income chargeable under Income Tax, Act, but not
falling under any other specific heads of income shall be chargeable to
tax under the head “Income from Other Sources”.
INCOMES EXEMPT FROM TAX [SECTION 10]:
(26- Income of a sikkimese individual - (a) from any source in the state
AAA) of Sikkim; or (b) by way of dividend or interest on securities.
However, no exemption will be available to a sikkimese woman
who marries a non- sikkimese individual on or after 1-4-2008.
(Inserted by the Finance act, 2008 w.r.e.f. 1-4-1990)
(iia) family pension i.e. regular monthly Reduction shall be lower of the
amount payable by employer to a following-(i) one-third of such family
family member of an employee on his pension; or
death. (ii) Rs 15,000.
General deduction [section 57(iii)]: any other expenditure (not being capital
expenditure), which is laid out or expanded wholly and exclusively for the
purpose of making or earning such income is deductible.
Expenditure deductible even if income not actually earned: the expenditure
satisfying the conditions under section 57(iii) is allowed as a deduction even if
the income for which it is incurred is not actually earned. Thus interest on loan
borrowed to purchase investments, is deductible even if there is no income
derived from the investments in a particular year.
INADMISSIBLE EXPENSES – Section 58
i. Personal expenses
ii. Interest and salary payable outside India, if tax has not
been paid or deducted at source
iii. Wealth-tax
iv. Expenses of the nature described in Section 10A
v. No deduction shall be allowed in respect of winnings
from lotteries, cross word puzzles, card games, races
including horse race, gambling, betting, etc.
However, in respect of the activity of owning and
maintaining racehorses, expenses incurred shall be
allowed even in the absence of any stake money
earned. Such loss shall be allowed to be carried
forward in accordance with the provisions of Section
74A.
INADMISSIBLE EXPENSES – Section 58
Note:
1. The amount disallowable in respect of interest expenditure as
referred above shall be computed in the following manner:
X*Z
Y
Where: X= Total amount of interest other than those considered in
item ‘A’ above.Y= the average of the total assets in the balance
sheet as on the first day and the last day of the previous year.Z= the
average value of investment, income from which does not or shall
not form part of the total income as appearing in the balance sheet
as on the first day and the last day of the previous year.
2. Average value of investments is the investments as on the first and
last of the previous year as on the balance sheet, which income is
exempt from tax.
3. Total assets means total assets as appearing in the balance sheet
excluding the increase on account of revaluation of assets but
including the decrease on account of revaluation of assets.
Illustration:
Mr. Jagadeesh is a chartered accountant in practice. The
income & expenditure account for the year ended March 31,
2009 read as follows:-
Expenses Rs. Income Rs.
To Employees cost 1,50,000 By Professional 12,00,000
earnings
To Traveling and 50,000 By Dividend income 2,00,000
Conveyance - from shares
To Administration & office 4,00,000 - from equity oriented 1,00,000
expenses mutual funds
To Interest 1,50,000
To Demat charges 10,000
To Net profit 7,40,000
Total 15,00,000 Total 15,00,000
Other information:
Particulars Rs.
Note:
Average value of investments = ( 7,50,000 + 9,00,000) /2 = Rs.8,25,000/-
Average value of total assets =
( 50,00,000 + 60,00,000) /2 = Rs.55,00,000/-
Deemed Income – Section 59
Rs. Rs.
To Entertainment Exps. 12,000 By Balance b/f 32,000
To Gift to Son 3,000 By Profit 1,31,200
To Shares purchased 50,000 By Race Winnings 12,000
To Drawings 1,30,000 By LIC Policy matured 1,57,920
To Balance c/f 1,93,120 By Bad Debts recovered 5,000
By Loan for Investment 50,000
3,88,120 3,88,120
Profit & Loss A/c
Rs. Rs.
To Salaries 26,000 By Gross Profit 1,93,000
To Rent 10,800 By Discounts received 2,500
To Bonus 1,200 from wholesalers 9,000
To Subscriptions 5,000 By Interest on Deposits 5,000
To Drawings 11,000 (TDS Rs.1,000) 1,200
To Conveyance 7,500 By Income Tax Refund 16,500
To Bad Debts 3,000 By Interest on Income
To Advertisement 16,000 Tax Refund
To Travelling 15,500 By Profit on Sale of
To Profit transferred to 1,31,200 Personal Motor Car
Cap. A/c
2,27,200 2,27,200
Additional Information:
a) Entertainment Expenses relate to business.
b) Bad Debts recovered relate to deduction allowed in 2003-04.
c) The LIC policy is for a assured sum of Rs.1, 50,000. Annual premium
@ Rs.47, 000 each for 3 years.
solution
Computation of Gross Total Income for the assessment year 2007-08
Rs.
I. Profits and gains of business or profession – Note 1 1,03,500
II. Income from Other Sources – Note 2 40,120
Gross Total Income Rs. 1,43,620
Note 1 : Computation of Business Income Rs. Rs.
Net Profit as per Profit & Loss A/c 11,000 1,31,200
Add : 1. Inadmissible expenses – Drawings 5,000 16,000
2. Income not credited but taxable
- Bad Debts recovered
Less : 1. Income credited to be considered separately 9,000 1,47,200
a) Interest on Deposits 5,000 43,700
b) Income-tax Refund (not an income) 1,200
c) Interest on I.T. Refund 16,500
d) Profit on sale of personal motor car (not taxable) 12,000
2. Expenses deductible but not debited -
Entertainment Expenses
Taxable Business Income 1,03,500
Note 2 : Income from Other Sources Rs.
(i) Interest (including TDS) on deposits 10,000
(ii) Interest on I.T. Refund 1,200
(iii) Race Winnings 12,000
(iv) Maturity proceeds of LIC (Refer Note 4) 16,920
Taxable Income from Other Sources 40,120
Note 3:
Out of the gross total income of Rs.1, 43,620, a sum of Rs.12,000 being
race winnings is taxable at a flat rate of 30% u/s 115BB.
Note 4:
The exemption u/s 10(10D) is not available in respect of maturity of LIC
policy where the premium payable on such policy for any year exceeds
20% of the capital sum assured. In the given case, premium payable for
one year is Rs.47, 000 being 31% of capital sum assured. Therefore,
exemption u/s 10(10D) is not available. The amount taxable under the
head “Income from Other Sources” is Rs.16, 920 being maturity
proceeds of Rs.1, 57,920 less premium paid for 3 years Rs.1, 41,000.