Income Tax Law — Basic Concepts
15 Lectures📌 Key Definitions You MUST Know
Income Tax Act 1961 — Governs direct taxes in India. Came into force 1 April 1962.
Previous Year (PY) — Year in which income is EARNED (FY 2024-25 = Apr 2024–Mar 2025).
Assessment Year (AY) — Year following PY in which tax is assessed (AY 2025-26).
Assessee — Person who is liable to pay tax or any sum under IT Act.
Person (Sec 2(31)) — Individual, HUF, Company, Firm, AOP/BOI, Local Authority, Artificial Juridical Person.
Income (Sec 2(24)) — Includes: salary, profits, dividends, perquisites, capital gains, winnings, gifts above ₹50,000, etc.
Basis of Charge — Sec 4 & 5
Tax is charged on TOTAL INCOME of every person for every AY.
Total Income is computed at rates prescribed by Finance Act for that year.
Scope (Sec 5):
• Resident & Ordinarily Resident (R&OR) → Taxed on GLOBAL income
• Resident but Not Ordinarily Resident (RNOR) → India income + foreign income from India business
• Non-Resident (NR) → ONLY India-sourced income
| Term | Meaning | Example |
|---|---|---|
| Previous Year | FY in which income is earned (1 Apr–31 Mar) | FY 2024-25 = PY for AY 2025-26 |
| Assessment Year | Year following PY; when tax is calculated and paid | AY 2025-26 (1 Apr 2025–31 Mar 2026) |
| Assessee | Person liable to pay tax or file return u/s 139 | Mr. Raj with salary ₹6L — he is assessee |
| Person | Includes 7 categories u/s 2(31) | Individual, HUF, Company, Firm, AOP, BOI, Local Authority, AJP |
Residential Status Tests — Sec 6(1)
Condition 1: Present in India ≥ 182 days in PY
Condition 2: Present ≥ 60 days in PY AND ≥ 365 days in last 4 PYs
Satisfy ANY ONE → RESIDENT. Satisfy NONE → NON-RESIDENT.
Note: Indian citizens going abroad for employment → only Condition 1 applies (60-day rule not applicable).
Given: NR in ALL last 10 years → Satisfies condition (a).
Result: He is RNOR (Resident but Not Ordinarily Resident)
| Income Type | R&OR Taxable? | RNOR Taxable? | NR Taxable? |
|---|---|---|---|
| Income earned in India | ✅ Yes | ✅ Yes | ✅ Yes |
| Income received in India | ✅ Yes | ✅ Yes | ✅ Yes |
| Foreign income from India business | ✅ Yes | ✅ Yes | ❌ No |
| Other foreign income | ✅ Yes | ❌ No | ❌ No |
| Slab | Calculation | Tax (₹) |
|---|---|---|
| Up to ₹2,50,000 | NIL | 0 |
| ₹2,50,001–₹5,00,000 | 5% × ₹2,50,000 | 12,500 |
| ₹5,00,001–₹10,00,000 | 20% × ₹5,00,000 | 1,00,000 |
| ₹10,00,001–₹12,50,000 | 30% × ₹2,50,000 | 75,000 |
| Income Tax | 1,87,500 | |
| Health & Education Cess @ 4% | 4% × ₹1,87,500 | 7,500 |
| Tax Payable | 1,95,000 |
Heads of Income + Clubbing + Deductions
15 Lectures📋 Salary Computation Format (Sec 15–17)
Basic + DA + HRA received + All Allowances + Perquisites = GROSS SALARY
− HRA Exemption u/s 10(13A) [Min of 3 values]
− Other exemptions (LTA etc.)
= Net Salary
− Standard Deduction ₹50,000 u/s 16(ia)
− Entertainment Allowance u/s 16(ii) [Govt employees only]
− Professional Tax u/s 16(iii)
= INCOME FROM SALARY
HRA Exempt = Minimum of:
(i) Actual HRA Received
(ii) Rent Paid − 10% of (Basic + DA)
(iii) 50% of (Basic+DA) [Metro] / 40% [Non-Metro]
Metro cities: Delhi, Mumbai, Kolkata, Chennai
| Item | Monthly | Annual |
|---|---|---|
| Basic Salary | ₹45,000 | ₹5,40,000 |
| DA (forms part of salary) | ₹9,000 | ₹1,08,000 |
| HRA Received | ₹20,000 | ₹2,40,000 |
| Rent Paid | ₹16,000 | ₹1,92,000 |
| Professional Tax | — | ₹2,400 |
(i) Actual HRA = ₹2,40,000
(ii) Rent − 10%(B+DA) = ₹1,92,000 − ₹64,800 = ₹1,27,200
(iii) 50% × ₹6,48,000 = ₹3,24,000
HRA Exempt = Min(₹2,40,000 ; ₹1,27,200 ; ₹3,24,000) = ₹1,27,200
| Particulars | ₹ |
|---|---|
| Basic Salary | 5,40,000 |
| Dearness Allowance | 1,08,000 |
| HRA Received | 2,40,000 |
| Medical Insurance by Employer (Perquisite — taxable) | 8,000 |
| Gross Salary | 8,96,000 |
| Less: HRA Exemption u/s 10(13A) | (1,27,200) |
| Net Salary | 7,68,800 |
| Less: Standard Deduction u/s 16(ia) | (50,000) |
| Less: Professional Tax u/s 16(iii) | (2,400) |
| Income from Salary | 7,16,400 |
📋 House Property Formula (Sec 22–27)
LET-OUT PROPERTY:
GAV = Higher of (Expected Rent OR Actual Rent Received)
[Expected Rent = Higher of Municipal Value or Fair Rent, capped at Standard Rent]
− Municipal Taxes paid by owner
= Net Annual Value (NAV)
− 30% of NAV [Standard Deduction u/s 24(a)]
− Interest on Home Loan u/s 24(b) [No cap for let-out]
= Income from House Property
SELF-OCCUPIED (SOP):
GAV = ₹0 → NAV = ₹0 → Std Ded = ₹0
− Interest on loan u/s 24(b) [Cap: ₹2,00,000 if loan after 1.4.1999]
= LOSS (up to ₹2,00,000 — can set off against salary)
| GAV (SOP = Zero) | 0 |
| NAV | 0 |
| Interest on loan (actual ₹2,80,000, cap ₹2,00,000) | (2,00,000) |
| Loss from House A (SOP) | (2,00,000) |
Expected Rent = Higher(MV ₹1,40,000 or FR ₹1,60,000) = ₹1,60,000 → BUT capped at Standard Rent ₹1,50,000
Expected Rent (after cap) = ₹1,50,000
GAV = Higher(Expected ₹1,50,000 or Actual ₹1,80,000) = ₹1,80,000
| GAV | 1,80,000 |
| Less: Municipal Tax (paid by owner) | (12,000) |
| NAV | 1,68,000 |
| Less: 30% of NAV u/s 24(a) | (50,400) |
| Less: Interest on loan u/s 24(b) [No cap — let-out] | (60,000) |
| Income from House B | 57,600 |
| Income from House A (SOP) | (2,00,000) |
| Income from House B (Let-out) | 57,600 |
| Net Income from House Property | (1,42,400) — Loss |
⚠ Why We Add Back These Items
The P&L already subtracted these expenses to get ₹3,80,000 net profit. IT Act does NOT allow these as deductions. So we must REVERSE (add back) them, then subtract what IT Act allows separately.
| Particulars | ₹ |
|---|---|
| Net Profit as per P&L Account | 3,80,000 |
| ADD BACK — Disallowed Expenses (charged in P&L, not allowed by IT Act) | |
| Income Tax paid (personal liability, not business expense) | 25,000 |
| Personal expenses of partner (not wholly for business) | 12,000 |
| Donation (claimed u/s 80G separately, not u/s 37) | 15,000 |
| Book Depreciation (IT has own method) | 30,000 |
| Fine for traffic violation (penalty — not deductible u/s 37) | 3,000 |
| Total after additions | 4,65,000 |
| DEDUCT — Amounts Allowed by IT Act | |
| IT Depreciation u/s 32 | (40,000) |
| Income from Business/Profession | 4,25,000 |
📋 Capital Gains (Sec 45–55)
STCG = Sale Price − Transfer Expenses − Cost of Acquisition − Cost of Improvement
[No indexation. Taxed at slab rates OR 15% for listed shares u/s 111A]
LTCG = Sale Price − Transfer Expenses − INDEXED Cost of Acquisition − INDEXED Cost of Improvement
[Indexed Cost = Original Cost × (CII of Sale Year ÷ CII of Purchase Year)]
Tax: 20% with indexation u/s 112
Holding Period:
Land/Building/Unlisted shares → STCA if ≤24 months
Listed Shares/Equity MFs → STCA if ≤12 months
(Registration at purchase = part of cost of acquisition ✅)
Indexed Cost = ₹8,60,000 × (363 ÷ 167) = ₹8,60,000 × 2.174 = ₹18,69,640
| Sale Price (Full Value of Consideration) | 25,00,000 |
| Less: Brokerage on sale (Transfer expenses) | (50,000) |
| Net Sale Proceeds | 24,50,000 |
| Less: Indexed Cost of Acquisition | (18,69,640) |
| Long Term Capital Gain (LTCG) | 5,80,360 |
| LTCG Tax @ 20% u/s 112 | 1,16,072 |
| + 4% Cess | 4,643 |
| Tax Payable on LTCG | 1,20,715 |
💡 Sec 54 Exemption (Exam Often Asks)
If Mrs. Priya buys another residential house within 1 year before / 2 years after sale OR constructs within 3 years → LTCG reinvested amount is EXEMPT. Balance LTCG taxed @ 20%.
Clubbing of Income — Sec 60–65
Sec 60: Income transferred without transferring asset → clubbed with transferor.
Sec 61: Revocable transfer of assets → income clubbed with transferor.
Sec 64(1): Income of spouse from a concern in which person has substantial interest → clubbed with the person.
Sec 64(1A): Income of minor child (except disability) → clubbed with parent having HIGHER income. Exemption = ₹1,500 per minor child.
Sec 64(2): Husband gifts property to wife → income from that property clubbed with husband.
This ₹40,000 is clubbed back with Arun (the husband/donor).
Reason: Husband cannot reduce tax by transferring assets to wife.
Clubbed with parent having HIGHER income = Arun (₹8L > Sita ₹6L).
Exemption u/s 10(32) = ₹1,500 per child.
Clubbed amount = ₹25,000 − ₹1,500 = ₹23,500 added to Arun's income.
| Person | Own Income | Clubbed | Total |
|---|---|---|---|
| Mr. Arun | 8,00,000 | 40,000 (wife's FD) + 23,500 (son's prize) | 8,63,500 |
| Mrs. Sita | 6,00,000 | NIL (clubbing removed her FD income) | 6,00,000 |
📋 Chapter VI-A Deductions (Old Regime Only)
80C — LIC + PF + PPF + ELSS + Tuition fees + Home loan principal — Max ₹1,50,000
80CCC — Pension fund contribution — within 80C limit
80CCD(1B) — NPS contribution — EXTRA ₹50,000 above 80C limit
80D — Health Insurance: Self+family ₹25,000; Parents (senior) ₹50,000
80E — Education loan interest — Full amount, 8 years max
80G — Donations — 50% or 100% depending on institution
80TTA— Savings bank interest — Max ₹10,000
80TTB— Senior citizen interest income — Max ₹50,000
Sec 80CCD(1B): NPS ₹40,000 — this is SEPARATE from 80C limit → full ₹40,000 deductible
Sec 80D: Self insurance ₹22,000 (limit ₹25,000 — OK ✅) + Senior parents ₹55,000 (limit ₹50,000 → cap at ₹50,000) = ₹72,000
Sec 80E: Education loan interest ₹18,000 — full amount (no cap) = ₹18,000
| Gross Total Income | 9,00,000 |
| Less: 80C (capped at ₹1,50,000) | (1,50,000) |
| Less: 80CCD(1B) — NPS | (40,000) |
| Less: 80D — Health Insurance | (72,000) |
| Less: 80E — Education Loan Interest | (18,000) |
| Total Income (Taxable) | 6,20,000 |
Assessment of Firms — Key Rules
Tax Rate: Partnership firms taxed at flat 30% + 4% cess (no slab benefit).
Salary to partners: Allowed u/s 40(b) — limited to: Book Profit ≤ ₹3L → 90% or ₹1,50,000 whichever more; Above ₹3L → 60% of book profit.
Interest to partners: Allowed u/s 40(b) — max 12% p.a. simple interest.
Share of profit received by partners = EXEMPT in their hands (Sec 10(2A)).
But first check: Interest @ 12% × ₹5,00,000 = ₹60,000 (12% = allowed, so deductible) ✅
Book Profit = ₹8,00,000 − ₹60,000 (interest) = ₹7,40,000
Remaining ₹4,40,000 (₹7,40,000−₹3,00,000): 60% × ₹4,40,000 = ₹2,64,000
Max allowed salary = ₹2,70,000 + ₹2,64,000 = ₹5,34,000
Actual salary paid = ₹1,20,000 + ₹1,20,000 = ₹2,40,000 (within limit ✅ — fully allowed)
| Business Income | 8,00,000 |
| Interest to partners (allowed @ 12%) | (60,000) |
| Salary to partners (within 40(b) limit) | (2,40,000) |
| Taxable Income of Firm | 5,00,000 |
| Tax @ 30% flat | 1,50,000 |
| + 4% Cess | 6,000 |
| Tax Payable by Firm | 1,56,000 |
GTI + Set-Off + Tax Liability + ITR
15 Lectures📋 Complete Computation Flow
Income from Salary
+ Income from House Property (or Loss)
+ Profits from Business/Profession
+ Capital Gains (Short-Term + Long-Term)
+ Income from Other Sources
= GROSS TOTAL INCOME (GTI)
− Chapter VI-A Deductions (80C, 80D etc.)
= TOTAL INCOME (Taxable Income)
Apply slab rates → Income Tax
+ Surcharge (if income > ₹50L)
+ 4% Health & Education Cess
− Rebate u/s 87A (if Total Income ≤ ₹5L → max ₹12,500)
= TAX PAYABLE
− TDS Already Deducted
− Advance Tax Paid
= BALANCE TAX / REFUND DUE
Set-Off and Carry Forward Rules
Intra-head Set-Off: Loss from one source under a head can set off gain from another source under same head.
Inter-head Set-Off: Loss from HP (up to ₹2L) can set off against Salary. Business loss can set off against all except salary. Capital loss CANNOT set off against salary/business.
Carry Forward:
- HP Loss → 8 years (only against HP income)
- Business Loss → 8 years (against business income)
- STCL → 8 years (against STCG or LTCG)
- LTCL → 8 years (ONLY against LTCG)
- Speculative Loss → 4 years (only against speculative profits)
HRA Exempt = Min of: (i) ₹2,64,000 (ii) ₹2,16,000−₹69,600=₹1,46,400 (iii) 50%×₹6,96,000=₹3,48,000 = ₹1,46,400
| Gross Salary (6L+96K+2.64L) | 9,60,000 |
| HRA Exempt | (1,46,400) |
| Standard Deduction + Prof Tax | (52,400) |
| Income from Salary | 7,61,200 |
| Income from Salary | 7,61,200 |
| HP Loss (SOP) — set off against salary (cap ₹2L, actual ₹1,80,000) | (1,80,000) |
| Business Income | 2,20,000 |
| LTCG (u/s 112 — taxed separately @ 20%) | 90,000 |
| Other Sources (FD Interest) | 28,000 |
| GROSS TOTAL INCOME | 9,19,200 |
| 80C: LIC ₹80K + PPF ₹40K = ₹1,20,000 (within ₹1.5L cap) | (1,20,000) |
| 80D: Medical Insurance ₹18,000 | (18,000) |
| TOTAL INCOME | 7,81,200 |
Slab on ₹6,91,200: ₹0 to ₹2.5L = NIL | ₹2.5L–₹5L = ₹12,500 | ₹5L–₹6.91L = 20% × ₹1,91,200 = ₹38,240
| Tax on normal income (₹6,91,200) at slabs | 50,740 |
| Tax on LTCG @ 20% | 18,000 |
| Total Income Tax | 68,740 |
| + 4% Cess | 2,750 |
| Tax Payable | 71,490 |
| Due Date | % Cumulative | Cumulative Amount | This Instalment |
|---|---|---|---|
| On/before 15 June 2024 | 15% | ₹12,000 | ₹12,000 |
| On/before 15 Sept 2024 | 45% | ₹36,000 | ₹24,000 |
| On/before 15 Dec 2024 | 75% | ₹60,000 | ₹24,000 |
| On/before 15 March 2025 | 100% | ₹80,000 | ₹20,000 |
If June instalment (₹12,000) not paid → Interest = 1% × ₹12,000 × 3 = ₹360.
Interest u/s 234B (for not paying 90% of tax): 1% per month from April of AY till payment.
Exception: If tax liability ≤ ₹10,000 → no advance tax required.
| ITR Form | Who Files It |
|---|---|
| ITR-1 (Sahaj) | Resident individuals — Salary + HP + Other Sources — Income ≤ ₹50L |
| ITR-2 | Individuals with capital gains or foreign income |
| ITR-3 | Individuals/HUF with business/profession income |
| ITR-4 (Sugam) | Presumptive business income u/s 44AD/44ADA/44AE |
| ITR-5 | Firms, AOP, BOI, LLP |
| Category | Due Date (AY 2025-26) |
|---|---|
| Individuals (non-audit) | 31 July 2025 |
| Audit cases (businesses) | 31 October 2025 |
| Belated Return | 31 December 2025 |
| Late Fee u/s 234F | ₹5,000 (income >₹5L) | ₹1,000 (income ≤₹5L) |
1. Login to incometax.gov.in using PAN
2. Select correct ITR form
3. Fill pre-filled data (salary from Form 16, TDS from 26AS)
4. Enter deductions (80C, 80D etc.)
5. Compute tax → pay any balance via challan 280
6. Submit → Verify via Aadhaar OTP / Net Banking / Digital Signature
ITR-V: Acknowledgement sent to email. Must be verified within 30 days.
| Salary Income | 3,80,000 |
| Other Sources (FD) | 30,000 |
| GTI | 4,10,000 |
| Less: 80C | (50,000) |
| Total Income | 3,60,000 |
| Tax: 5% × (₹3,60,000−₹2,50,000) = 5% × ₹1,10,000 | 5,500 |
| Less: Rebate u/s 87A [Tax ₹5,500 < ₹12,500, total income ≤ ₹5L] ✅ | (5,500) |
| Tax after Rebate | 0 |
| Cess on ₹0 | 0 |
| Tax Payable | ZERO |
Goods & Services Tax (GST)
15 Lectures🔑 What is GST? Key Features
GST = One Nation, One Tax. Implemented from 1 July 2017 replacing VAT, Service Tax, Excise Duty etc.
Dual GST Structure:
- CGST — Central GST (collected by Central Govt)
- SGST — State GST (collected by State Govt)
- IGST — Integrated GST (on inter-state supply — collected by Centre, shared with states)
- UTGST — Union Territory GST
Rates: 0%, 5%, 12%, 18%, 28% (with cess on luxury/sin goods).
Threshold for Registration: Aggregate turnover > ₹40 lakh (goods) / ₹20 lakh (services) [₹10L for special category states].
CGST vs SGST vs IGST — Application
Intra-State Supply (within same state): CGST + SGST (each = half the GST rate)
Example: Delhi seller → Delhi buyer, GST 18% → 9% CGST + 9% SGST
Inter-State Supply (between different states OR import): IGST
Example: Delhi seller → Mumbai buyer, GST 18% → 18% IGST
Import of Goods: IGST + Customs Duty
Export of Goods/Services: ZERO rated (0% GST, ITC refundable)
| Particulars | ₹ |
|---|---|
| Sale Value (Taxable Value) | 1,00,000 |
| + CGST @ 9% (half of 18%) | 9,000 |
| + SGST @ 9% (half of 18%) | 9,000 |
| Total Invoice Value | 1,18,000 |
| Sale Value | 2,00,000 |
| + IGST @ 18% (full rate) | 36,000 |
| Total Invoice Value | 2,36,000 |
Place of Supply — Sec 10 & 12 (IGST Act)
Place of Supply determines WHETHER to charge CGST+SGST or IGST.
| Type of Supply | Place of Supply | Tax |
|---|---|---|
| Supply of Goods (movement involved) | Where goods delivered to recipient | IGST if different state |
| Supply of Goods (no movement) | Where goods located at time of delivery | CGST+SGST if same state |
| Services — General Rule | Location of recipient of service | Based on where recipient is |
| Restaurant/Hotel Services | Where hotel/restaurant located | CGST+SGST of that state |
| Transport Services | Location of registered recipient | As per recipient's registration |
| Import of Goods | Location of importer | IGST always |
Time of Supply — Sec 12 (Goods)
Earlier of:
(a) Date of Issue of Invoice OR last date by which invoice must be issued
(b) Date of Receipt of Payment (if advance received)
For Services — Sec 13:
Earlier of:
(a) Date of Invoice
(b) Date of Receipt of Payment
(c) Date of Completion of Service (if invoice not raised within 30 days)
| Event | Date |
|---|---|
| Date of Supply of Goods | 15 September 2024 |
| Date of Invoice | 20 September 2024 |
| Date of Payment | 30 October 2024 |
Invoice Date = 20 Sept | Payment Date = 30 Oct
Time of Supply = 20 September 2024
This is when GST liability arises and must be paid to government.
| Category | Registration Threshold |
|---|---|
| Normal states — Goods | Turnover > ₹40 lakh |
| Normal states — Services | Turnover > ₹20 lakh |
| Special Category States (NE + others) | Turnover > ₹10 lakh |
| E-commerce operators | COMPULSORY regardless of turnover |
| Casual Taxable Person / NRI | COMPULSORY regardless of turnover |
| Reverse Charge cases | COMPULSORY regardless of turnover |
He is NOT required to register compulsorily.
However, he may opt for Voluntary Registration if he wants to claim ITC.
1. File Form GST REG-01 on GST portal (gst.gov.in)
2. Submit: PAN, Aadhaar, business address proof, bank details, photos
3. Verification by officer within 3 working days
4. GSTIN (15-digit number) allotted — Format: State Code (2) + PAN (10) + Entity (1) + Blank (1) + Check digit (1)
Penalty for non-registration: ₹10,000 or tax amount — whichever higher.
GST Valuation Rules (Sec 15)
Taxable Value = Transaction Value (price actually paid)
INCLUDE in Taxable Value:
+ Taxes/duties EXCEPT GST itself
+ Packing charges
+ Freight and insurance (if supplied by supplier)
+ Any other amount charged
EXCLUDE from Taxable Value:
− Post-supply discounts (mentioned in contract before supply)
− Pre-supply discounts SHOWN IN INVOICE ✅ allowed
| Particulars | ₹ |
|---|---|
| Price of goods | 1,00,000 |
| + Packing charges (includible) | 5,000 |
| + Freight charges (includible) | 3,000 |
| + Insurance (includible) | 2,000 |
| Subtotal | 1,10,000 |
| − Discount (on invoice at time of supply — excludible) ✅ | (8,000) |
| TAXABLE VALUE | 1,02,000 |
| + GST @ 18% | 18,360 |
| Invoice Total | 1,20,360 |
| # | Mandatory Content |
|---|---|
| 1 | Name, address and GSTIN of supplier |
| 2 | Consecutive invoice number (series-wise) |
| 3 | Date of invoice |
| 4 | Name, address, GSTIN of recipient (if registered) |
| 5 | Description, quantity and value of goods/services |
| 6 | Taxable value and applicable discounts |
| 7 | Rate and amount of CGST, SGST, IGST, UTGST separately |
| 8 | Place of supply (for inter-state) |
| 9 | Signature / digital signature of supplier |
Generated on ewaybillgst.gov.in.
Valid for: Up to 100 km = 1 day; for every additional 100 km = 1 more day.
Not required for: Exempt goods, goods moved by non-motorised vehicles, within customs area, for personal use.
| Type | Meaning | ITC |
|---|---|---|
| Exempt Supply | GST rate = 0% but covered under GST (Nil rated) | Not available |
| Zero-Rated Supply | Exports / SEZ supply — GST = 0% but ITC refundable | Available (refund) |
| Non-Taxable Supply | Not covered under GST at all (e.g. petrol, diesel) | Not applicable |
| # | Exempt Item |
|---|---|
| 1 | Fresh fruits and vegetables |
| 2 | Milk, curd, lassi (non-branded) |
| 3 | Eggs, meat, fish (not frozen/processed) |
| 4 | Education services (school, college — unapproved) |
| 5 | Healthcare services by hospitals |
| 6 | Unbranded wheat, rice, flour |
| 7 | Hotel accommodation < ₹1,000 per day |
| 8 | Agricultural produce (unprocessed) |
Input Tax Credit, Returns & Audit in GST
15 Lectures🔑 What is Input Tax Credit (ITC)? — Sec 16
ITC = The GST paid on purchases/inputs can be deducted from the GST payable on sales. You only pay GST on VALUE ADDED.
Formula: GST payable to govt = Output Tax − Input Tax Credit
Conditions for ITC (Sec 16(2)):
- Tax invoice available
- Goods/services received
- Tax actually paid by supplier to government
- GST Return (GSTR-3B) filed
- ITC for capital goods must be claimed in the year of receipt or next year
ITC Utilisation Order (Priority Rules)
IGST Output can be used by:
First → IGST ITC
Then → CGST ITC
Then → SGST ITC
CGST Output can be used by:
First → CGST ITC
Then → IGST ITC (not SGST)
SGST Output can be used by:
First → SGST ITC
Then → IGST ITC (not CGST)
| Particulars | IGST (₹) | CGST (₹) | SGST (₹) |
|---|---|---|---|
| Output Tax (GST on Sales) | 80,000 | — | — |
| ITC — Step 1: Use IGST ITC first | (30,000) | ||
| Balance after IGST ITC | 50,000 | ||
| ITC — Step 2: Use CGST ITC against IGST | (15,000) | (15,000) | |
| Balance after CGST ITC | 35,000 | 0 | |
| ITC — Step 3: Use SGST ITC against IGST | (15,000) | (15,000) | |
| IGST Payable to Government | 20,000 | 0 | 0 |
| # | Blocked Credit (ITC NOT Available) |
|---|---|
| 1 | Motor vehicles for personal use (car for director, etc.) — Exception: used for supply of motor vehicles/transport/driving school |
| 2 | Food, beverages, outdoor catering (not if same goods supplied to customers) |
| 3 | Beauty treatment, health services, cosmetic surgery |
| 4 | Membership of club, health & fitness centre |
| 5 | Works contract for construction of immovable property (except plant/machinery) |
| 6 | Goods/services for personal consumption |
| 7 | Goods lost, stolen, destroyed, given as gifts/samples |
| 8 | Tax paid due to fraud/suppression (penalty cases) |
ITC on Capital Goods — Rules
ITC on capital goods is allowed in FULL if used exclusively for taxable supplies.
If used for BOTH taxable and exempt supplies → ITC proportional to taxable use only.
If exclusively for exempt supply → NO ITC.
| GST Paid on Machine | ₹90,000 |
| Used for Taxable Supply | 60% |
| Used for Exempt Supply | 40% |
| ITC Allowed = 60% × ₹90,000 | ₹54,000 |
| ITC Reversed (for exempt portion) = 40% × ₹90,000 | ₹36,000 |
| Net ITC Claimable | ₹54,000 |
| Return | Who Files | What It Contains | Due Date |
|---|---|---|---|
| GSTR-1 | Regular taxpayer | Outward supplies (Sales details) | 11th of next month (monthly) / Quarterly |
| GSTR-3B | Regular taxpayer | Summary of outward+inward supplies, ITC, tax paid | 20th of next month |
| GSTR-4 | Composition dealer | Annual return for composition scheme | 30th April (annual) |
| GSTR-5 | Non-Resident taxpayer | Outward & Inward supplies | 20th of next month |
| GSTR-6 | Input Service Distributor | ITC distribution details | 13th of next month |
| GSTR-7 | TDS deductor under GST | TDS deducted under GST | 10th of next month |
| GSTR-9 | All regular taxpayers | Annual Return (full year summary) | 31 December |
| GSTR-9C | Turnover > ₹5 crore | Reconciliation Statement (Audit) | 31 December |
GSTR-3B: Summary return where tax is actually paid. This is the main return. Filed monthly. Penalty for late = ₹50/day (tax) or ₹20/day (nil return), max ₹10,000.
Eligibility: Aggregate turnover ≤ ₹1.5 crore (₹75L for special category states).
Mr. Ramu's turnover = ₹80L < ₹1.5 crore → Eligible ✅
| Category | Composition Rate |
|---|---|
| Manufacturer (excluding notified goods) | 1% of turnover (0.5% CGST + 0.5% SGST) |
| Traders/Retailers (goods) | 1% of turnover |
| Restaurants (not serving alcohol) | 5% of turnover |
| Other service providers (Sec 10(2A)) | 6% of turnover |
| Restriction | Impact |
|---|---|
| Cannot supply inter-state | Only intra-state supply allowed |
| Cannot issue Tax Invoice | Issues "Bill of Supply" instead |
| Cannot collect GST from customers | GST borne by supplier himself |
| ITC NOT available | Cannot claim ITC on purchases |
1. Export of goods/services (zero-rated supply)
2. Supplies to SEZ units
3. Excess payment of tax by mistake
4. Inverted duty structure (input tax rate > output tax rate)
5. Deemed exports
6. Refund of tax on purchases by UN/Embassy
XYZ Exports exported goods → Zero-rated supply → FULL refund of input ITC allowed.
| IGST paid on inputs | ₹1,80,000 |
| Output GST on exports (zero-rated) | ₹0 |
| ITC Refund Claimable | ₹1,80,000 |
1. File Form GST RFD-01 on portal within 2 years from relevant date
2. Officer issues provisional refund (90% within 7 days for exporters)
3. Final processing within 60 days
4. If delayed beyond 60 days → 6% interest paid by government
| Document | When Issued | Effect | Example |
|---|---|---|---|
| Tax Invoice | At time of supply of goods/services | Records original transaction, GST charged | A sells goods ₹1L to B → issues tax invoice |
| Debit Note | When ORIGINAL invoice value was LESS than actual (under-charged) | Increases seller's output tax liability | Invoice said ₹1L but actual = ₹1.2L → seller issues Debit Note for ₹20,000 |
| Credit Note | When ORIGINAL invoice value was MORE (overcharged) or goods returned | Reduces seller's output tax liability; reduces buyer's ITC | Goods returned by buyer → seller issues Credit Note |
| Type of Audit | Who Conducts | When/Why |
|---|---|---|
| Statutory Audit (GSTR-9C) | Chartered Accountant/CMA | Mandatory if turnover > ₹5 crore. Reconciliation statement between books and returns filed. |
| Departmental Audit (Sec 65) | Commissioner of GST | Audit of taxpayer's records at taxpayer's business premises. 15 days notice given. |
| Special Audit (Sec 66) | CA/CMA nominated by Commissioner | When officer suspects complex transactions or special circumstances. Cost borne by government. |
After Audit: Officer issues audit report within 30 days. If discrepancy found → demand notice issued for recovery of unpaid tax + interest + penalty.
| Sales (Taxable Value) | 5,00,000 |
| CGST @ 9% (intra-state = CGST+SGST) | 45,000 |
| SGST @ 9% | 45,000 |
| Purchases (Taxable Value) | 2,00,000 |
| CGST ITC @ 9% | 18,000 |
| SGST ITC @ 9% | 18,000 |
| Opening ITC balance — CGST | 8,000 |
| Opening ITC balance — SGST | 8,000 |
| Total CGST ITC Available | 26,000 |
| Total SGST ITC Available | 26,000 |
| Tax | Output Tax | ITC Available | Net Payable |
|---|---|---|---|
| CGST | 45,000 | (26,000) | 19,000 |
| SGST | 45,000 | (26,000) | 19,000 |
| Total GST Payable | 90,000 | (52,000) | 38,000 |
So: LTCG ₹1,20,000 − STCL ₹40,000 = Net LTCG ₹80,000 ✅ (STCL can set off against LTCG)
C/F STCL from prev year ₹30,000 — still carried forward (no current year STCG/remaining LTCG after above)
| Head | ₹ |
|---|---|
| Salary (after HP set-off) | 6,35,000 |
| Business Income | 1,50,000 |
| LTCG (after STCL set-off) | 80,000 |
| Other Sources (Interest) | 25,000 |
| Gross Total Income | 8,90,000 |
| Less: 80C | (1,20,000) |
| Less: 80D | (22,000) |
| Total Income | 7,48,000 |
Tax on ₹6,68,000: NIL(2.5L) + 5%(2.5L=12,500) + 20%(1.68L=33,600) = ₹46,100
LTCG tax @ 20% = ₹80,000 × 20% = ₹16,000
Total IT = ₹62,100 | Cess 4% = ₹2,484
| Income Tax (slab + LTCG) | 62,100 |
| + 4% Cess | 2,484 |
| Tax Payable | 64,584 |
Reverse Charge Mechanism (RCM): In certain specified cases, the RECEIVER of goods/service pays GST directly to government (not the supplier).
Why RCM? When supplier is unregistered, small, or in informal sector — hard to collect tax from them. So liability is shifted to registered recipient.
| # | Service/Goods | Recipient (who pays GST) |
|---|---|---|
| 1 | Goods Transport Agency (GTA) services | Recipient of service (company/registered person) |
| 2 | Legal services by advocate to business entity | Business entity receiving legal service |
| 3 | Services by Director to company | Company |
| 4 | Sponsorship services | Body corporate / partnership firm |
| 5 | Unregistered supplier → Registered recipient (specified goods) | Registered recipient |
RCM applies to GTA services → Company pays GST directly to government.
GST on GTA = 5% (no ITC) OR 12% (with ITC) — recipient's choice.
If 5%: GST = 5% × ₹50,000 = ₹2,500 — paid by company under RCM.
Company can also claim this ₹2,500 as ITC in same month.