CS Executive · Tax Laws and Practice
Direct Tax at a Glance: formula sheet
Key formulas
- Direct tax test
- Person who pays to government = Person who bears the burden
- This identifies a direct tax. In an indirect tax the burden is passed on to the buyer.
- Flow of the Act
- Charge → Residential status → Heads of income → Deductions and set-off → Total income → Tax → Procedure
- Use this sequence to structure any answer on scheme of the Act.
- Depreciation on a block (section 33(3)(a))
- Depreciation = prescribed percentage × written down value of the block
- Applies to a block of assets. Half the prescribed rate applies if the asset is acquired in the tax year and used for less than 180 days (section 33(4)).
- Treaty relief (section 159(4))
- Provisions of the Act apply to the extent they are more beneficial to the assessee
- Applies where an agreement is in force. Under section 159(6), Chapter XI applies even if it is not beneficial.
- Non-resident claiming treaty relief (section 159(8))
- Residency certificate from the foreign Government + other prescribed documents and information
- Both are needed before the relief can be claimed.
- Tax year
- Tax year = 1 April to 31 March (12 months)
- For a newly set up business or new source of income, the first tax year runs from the date of setting up or coming into existence to the next 31 March.
- Tax year 2026-27
- 1 April 2026 to 31 March 2027
- Income earned in this period is taxed for the same tax year. There is no separate assessment year in the 2025 Act.
- Old terms contrast
- 1961 Act: previous year → assessment year; 2025 Act: tax year only
- Use this only when the question asks for a comparison.
- Person
- Person = individual, HUF, company, firm, AOP/BOI, local authority, artificial juridical person
- AOP or BOI counts as a person whether or not it is incorporated.
- Assessee
- Assessee = person liable to pay tax or any other sum (including deemed assessee and assessee in default)
- A person against whom any proceeding is taken is also an assessee.
- Charge of tax
- Tax = rate in force × total income of the tax year
- Total income depends on residential status, the heads of income, exemptions and deductions.
- Appointment of authorities (section 237(1))
- Central Government may appoint such persons as it thinks fit to be income-tax authorities
- The starting power of appointment lies with the Central Government.
- Delegated appointment (section 237(2))
- Board / Principal Director General or Director General / Principal Chief Commissioner or Chief Commissioner / Principal Director or Director / Principal Commissioner or Commissioner may appoint authorities below the rank of Deputy Commissioner or Assistant Commissioner
- Needs authorisation by the Central Government and is subject to service rules and orders.
- Appointment of staff (section 237(3))
- Authority authorised by the Board may appoint executive or ministerial staff to assist it
- Subject to Central Government rules and orders on conditions of service.
- Control (section 238)
- Board, by notification, may direct that specified authority shall be subordinate to other specified authority
- Subordination is created by notification of the Board.
- Direct payment rule (section 391(1))
- Tax payable directly by assessee if (a) no TDS provision exists for that income, OR (b) tax has not been deducted as required
- Either condition is enough. The two conditions are joined by 'or'.
- Bar on direct demand (section 401)
- No direct demand on assessee to the extent tax has been deducted at source from that income
- Applies only where tax is deductible at source under the Chapter. Balance not deducted can still be demanded.
- Payer in default (section 391(3))
- Deductor/employer fails to deduct or pay + assessee has also failed to pay directly → deductor is deemed assessee in default under section 398(1)
- Both failures must exist: the payer's and the assessee's. This is in addition to other consequences.
- Start-up share income (section 391(2))
- Section 17(1)(d) income from eligible start-up (section 140) → direct payment per section 289(3)
- Remember it as a special route. Do not go into details beyond the section references unless asked.
Quick revision
- Paper 7 for June 2027 follows the Income-tax Act, 2025 as amended by the Finance Act, 2026.
- Section 236 lists the classes of income-tax authorities, starting with the Central Board of Direct Taxes.
- Section 238: the Board may notify that one authority is subordinate to another.
- Section 245: the Central Government may notify a faceless scheme to reduce the interface between authority and assessee, to the extent technologically feasible.
- Section 391: tax is payable directly by the assessee if no provision exists to deduct it, or if it has not been deducted.
- Section 401: the assessee cannot be called on to pay tax to the extent it has been deducted at source.
- Section 391(3): a person who fails to deduct or pay, where the assessee has also not paid, is deemed an assessee in default.
- Section 411(1): demand is payable within thirty days of service of notice, or a shorter period with the Joint Commissioner's previous approval in specified cases.
- Section 411(3): simple interest at 1% for every month or part of a month after the due period.
- Section 411(5): the Assessing Officer may extend time or allow instalments if the assessee applies before the due date; a default in one instalment makes the whole outstanding amount default.
- Section 412: penalty cannot exceed tax in arrears, needs a hearing, and is not levied for good and sufficient reasons.
- Section 412(4) and (5): paying tax before penalty does not remove liability; penalty is cancelled if the tax is wholly reduced by a final order.
Common mistakes
- Calling GST a direct tax because the seller deposits it with the government. Fix: Apply the burden test. The buyer bears GST, so it is indirect.
- Quoting Income-tax Act, 1961 sections as current law. Fix: Use the Income-tax Act, 2025 for June 2027. Mention the 1961 Act only when contrasting.
- Using assessment year in an answer on the 2025 Act. Fix: Write tax year. Mention previous year and assessment year only when comparing the two Acts.
- Saying every person is an assessee. Fix: Say an assessee is a person by whom tax or any other sum is payable, or against whom proceedings are taken, or who is deemed so.
- Saying the Board appoints all income-tax authorities Fix: Section 237(1) gives the power to the Central Government. The Board only appoints where authorised, and only for ranks below Deputy Commissioner or Assistant Commissioner.
- Claiming delegated authorities can appoint a Deputy Commissioner Fix: Delegated appointment covers only ranks below Deputy Commissioner or Assistant Commissioner.
- Saying income is not taxable because the payer did not deduct tax. Fix: State that under section 391(1)(b) the tax is payable directly by the assessee when it has not been deducted.
- Writing that section 401 bars all demand on the assessee. Fix: Say the bar applies only to the extent tax has been deducted from that income. Any balance can be demanded.
Exam tips
- For 'scheme of the Act' questions, answer in the order charge, residential status, heads, deductions, total income, tax, procedure.
- Always write Income-tax Act, 2025 as the governing law. Use the 1961 Act only for contrast.
- Use side-by-side points in distinction questions and add one example for each side.
- Do not attach a section number unless you are certain of it. A correct provision in words earns marks.
- Keep a rupee example ready, as short numerical illustrations make theory answers stronger.
- Use the words tax year in every answer. Use previous year and assessment year only in comparison questions.
- Short questions often ask to define person or assessee. Give the full list of persons and one line on the assessee.
- In a new business question, always compute the first tax year from the start date to 31 March.