Monday, July 8, 2013

Income from Other Sources (Sec 56-59)


                Income  from  other sources ( 56-59)

               56(1):     Charging Section:  Income of any kind which is not to be included, other than those chargeable under                     
                             salary, house property, capital gains and business or profession
               56(2)      In general following  shall be charged to tax under the head income from other sources:
(i)                               Dividends – dividends from  indian company subject to section 115-O is exempt u/s 10(34).

         Dividends from foreign company is taxable.
 
(ii)                             Interest on securities
If the assessee has taken any loan for investment in securities, interest payable on borrowed sum, will be allowed as deduction.

(iii)                            Winning from lotteries, cross word puzzle races including horse races, card games, games of any sort, gambling, betting. 

These incomes are subject to special rate of income-tax @ 30%(Sec. 115BB)

(iv)                            Any sum received under keyman insurance policy including bonus allocated thereon if it is not chargeable under the head “Salary” or “business or profession”
(v)                             Interest received on loans given, securities, deposits, fixed deposits, bonds, debentures etc
(vi)                            Income from letting of P&M furniture and furniture and fixtures, if letting out is not the business of the assessee.
(vii)                          Income from letting of building, P&M furniture and fixture, if letting out of building is not separable.
(viii)                         Interest received during the previous on compensation or enhanced compensation on compulsory acquisition of property. ( received on or after 01.04.2009)
50% of interest on compensation is allowed as deduction u/s 57.



(ix)                            Family pension
Deduction u/s 57:
1/3rd of family pension
                                Or
Rs. 15,000
Whichever is less

(x)                             Gifts of money exceeding Rs. 50,000/- in aggregate received by an individual, HUF from any person or persons.
Note this does not apply if gift is received from :
( a): relative/relatives
(b):  on the occasion of marriage of
         individual     
(c):            under will or by way of inheritance
(d):   in contemplation of death
(e):    from local authority


(f):      from fund or foundation or
University, hospital or trust referred to in sec. 10(23C)
(g):      any trust or institution registered                                                 
                                   u/s 12AA of the I.T Act
                Definition of relative:
(i)                               Spouse of the individual
(ii)                             Brother or sister of the individual
(iii)                            Brother or sister of the spouse of the individual
(iv)                            Brother or sister of the parents of the individual
(v)                             Lineal ascendant or descendant of the individual
(vi)                            Any Lineal ascendant or descendant of the spouse of the individual
(vii)                          Spouse of a person referred to in (ii) to (iv).
                                                        Gift of Immovable Properties
                                                        Gift of other movable Properties



                            Sec 57:          Deductions allowable:
(i)                               Commission or collection charges to the bank.  Interest payable on sums borrowed for the purposes of investment in shares.
(ii)                             In a case of family pension: 
1/3rd of family pension
                                Or
Ceiling amount Rs. 15,000
Whichever is less
(iii)                            Out of interest on compensation or enhanced compensation:
50% of interest on compensation.
(iv)                            Interest payable on sums borrowed for the purposes of investment in deposits/F.D , bonds/debentures etc.
(v)                             Where the assessee has let building, plant  and machinery, he will be allowed following deductions:
(a)                 Depreciation as allowable u/s 32;
(b)                 Current repair of the building, land revenue, local rates or municipal taxes
(c)                 Amount of insurance paid in respect of insurance risk of damage or destruction of the building.
(d)                 Repair and insurance of machinery, plant and furniture.
(e)                 Any other expenditure incurred wholly and exclusively for the purposes of earning of income.  




Sec 58:          Deductions not allowable.  Following amounts shall not be deductible in computing the income under this 
                      head:
(i)                   Any expense of personal nature
(ia)  Any expenditure referred to in section 40A(12)
(ii)   interest payable outside India, on which no tax is paid in India or deducted at source;
(iii)                  salary payable outside India if no tax is deducted at source thereon;
(1A)                Provisions of section 40(a)(iia) i.e wealth tax will not be allowed as deduction.
(2)                   Provisions of section 40A
(3)                   In the case of company provisions of section 44D will apply;
(4)                   No deductions will allowed out of income i.e winning from lottery cross word puzzle etc.                                                 

59:  profits chargeable to tax:  provisions of section 41 will apply.

Apart from incomes referred to in section 56(2),  following incomes are includible under the head income from other source:
(i)                               Salary received by M.P, MsLA, Members of Municipal Corp.;
(ii)                             Any remuneration received from a person other than employer;
(iii)                            Income from subletting of building;
(iv)                            Income from vacant land;
(v)                             Agricultutal income from land situated outside India.

(vi)                            Gratuity received by legal heirs of the deceased employee;

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