CS Executive · Tax Laws and Practice
Incomes which do not form part of Total Income: formula sheet
Key formulas
- Total income (flow)
- Total income = Gross total income − Chapter VIII deductions
- Gross total income is income under the heads, after set-off and carry-forward of losses and clubbing, before Chapter VIII deductions. Exempt income is not in it.
- Gross total income meaning
- Gross total income = total income computed as per the Act before making deduction under Chapter VIII
- This follows section 122(10).
- Cap on deductions
- Total deductions under the Chapter ≤ Gross total income
- Section 122(2). Deductions cannot create a loss out of positive income.
- Exemption vs deduction vs rebate
- Exemption: kept out of income. Deduction: subtracted from gross total income. Rebate: subtracted from tax.
- Use this one line to answer difference questions.
- Deduction claimed from profits of an undertaking
- Deduction ≤ profits and gains of that undertaking, unit, enterprise or eligible business
- Section 122(4)(b). Section 122(4)(a) bars a second deduction on the same profits under another provision for that tax year.
- Exclusion of listed incomes
- Section 11(1): income in Schedules II, III, IV, V, VI is not included in total income, subject to the conditions specified therein
- The condition is part of the rule. Without it, the exclusion does not apply.
- Failure of conditions for incomes
- Section 11(2): conditions not satisfied in a tax year → that income is charged to tax on the total income for that year
- The loss of exemption applies for that tax year only, for the income concerned.
- Persons not chargeable
- Section 11(3): persons in Schedule VII, subject to conditions, are not chargeable to tax on total income for a tax year
- This is about the person, not a single item of income.
- Failure of conditions for persons
- Section 11(4): conditions of Schedule VII not satisfied → income of that person is charged to tax for that tax year
- The whole income is taxed under the Act's provisions.
- Power to make rules
- Section 11(5): Central Government may make rules or issue notifications as specified in Schedules II to VII
- Check whether an exemption needs a notification.
- Rule of section 12(1)
- Income in Schedule VIII is excluded from total income, if conditions are fulfilled
- Applies to political parties and electoral trusts only, for the tax year in question.
- Consequence of default, section 12(2)
- Condition not met in a tax year → that income is taxable for that tax year
- The test is applied year by year.
- Political party: exempt income
- House property + Other sources + Capital gains + voluntary contributions
- Party must be registered under section 29A of the Representation of the People Act, 1951.
- Political party: conditions (a) to (f)
- (a) books of account; (b) record of contributions above ₹20,000 with name and address (other than electoral bond); (c) audit by an accountant; (d) no donation above ₹2,000 except by non-cash modes; (e) treasurer's report under section 29C(3) of the RP Act, 1951; (f) return of income furnished by the due date
- All six must be satisfied. Donation above ₹2,000 must come by account payee cheque, account payee bank draft, electronic clearing system through a bank account, other prescribed electronic mode, or electoral bond.
- Electoral trust: exempt income
- Any voluntary contributions received
- Only voluntary contributions are listed.
- Electoral trust: conditions
- Distribution ≥ 95% × (donations of the tax year + surplus brought forward) to registered political parties; and functioning as per Central Government rules
- Distribution is made to parties registered under section 29A of the RP Act, 1951, during the same tax year.
- Donor deduction
- Section 136: Indian company; Section 137: other assessees (not local authority or artificial juridical person wholly or partly funded by Government). Contribution must be other than in cash
- Recipient must be a registered political party or an electoral trust.
- Main rule
- Expenditure in relation to income not forming part of total income → no deduction
- Section 14(1). It applies irrespective of anything to the contrary in the Act.
- Adjustment in computation
- Taxable business income = Profit as per books + Expenditure relating to exempt income − Exempt income credited to P&L
- A practical way to apply the rule. The exempt income credited is removed, and its related expense is added back.
- Doubtful claims
- If AO is not satisfied with the claimed expenditure, or with a claim of nil expenditure → AO determines the amount by the prescribed method
- Section 14(2)(a) and (b). The method is as prescribed.
- Timing rule
- Disallowance applies even if exempt income has not accrued, arisen or been received in that tax year
- Section 14(3). Expenditure is still incurred in relation to exempt income.
Quick revision
- Section 11(1): incomes in Schedules II, III, IV, V and VI are not included in total income, subject to conditions.
- Section 11(3): persons in Schedule VII are not chargeable to tax on total income, subject to conditions.
- If conditions are not met in a tax year, the income or the person's income is taxed for that year.
- Section 11(5): the Central Government may make rules or notifications for the section.
- Section 12 deals with political parties and electoral trusts, using Schedule VIII.
- A political party must be registered under section 29A of the Representation of the People Act, 1951.
- Political party: record and donor details for voluntary contributions above ₹20,000, other than electoral bonds.
- Political party: no donation above ₹2,000 except by account payee cheque or draft, electronic clearing, prescribed electronic mode or electoral bond.
- Political party: accounts audited by an accountant and return filed by the due date.
- Electoral trust: distribute 95% of aggregate donations plus brought-forward surplus to registered parties, and function as per the rules.
- Section 14: no deduction for expenditure related to income not forming part of total income.
- Section 14(2): if the Assessing Officer is not satisfied with the expenditure claim or a nil claim, he determines the amount by a prescribed method.
- Section 14(3): the rule applies even if the exempt income has not accrued, arisen or been received in that tax year.
Common mistakes
- Adding exempt income to gross total income and then subtracting it as a deduction. Fix: Exempt income never enters the computation. Only taxable income goes into gross total income, and deductions come after it.
- Claiming Chapter VIII deductions that exceed gross total income. Fix: Apply section 122(2). Total deductions cannot exceed gross total income.
- Treating every listed exemption as unconditional. Fix: For each exempt item, always write its condition. If the facts break it, apply section 11(2).
- Mixing up exempt incomes with exempt persons. Fix: Ask first: is the exemption on an income (Schedules II to VI) or on a person (Schedule VII)?
- Saying business income of a political party is exempt. Fix: Remember the list: house property, other sources, capital gains and voluntary contributions only.
- Mixing the ₹20,000 and ₹2,000 limits. Fix: ₹20,000 is for keeping a record with name and address; ₹2,000 is the cap on donations received other than by permitted non-cash modes.
- Allowing the expense because the exempt income was not earned this year. Fix: Remember section 14(3): the bar applies even if the income has not accrued, arisen or been received in that tax year.
- Removing the exempt income but forgetting to add back its expenses. Fix: Always do both sides: subtract the exempt income and add back the related expense.
Exam tips
- Write the difference between exemption, deduction and rebate in three short lines. Examiners often ask it directly.
- In computations, show gross total income as a separate line before deductions. It earns method marks.
- Cite section 122 for the deduction cap and its conditions, and use the Income-tax Act, 2025 numbering throughout.
- Always state a conclusion line, for example: total income is ₹X, and the exempt income is excluded.
- Begin every answer with the provision: section 11 and the Schedule group (II to VI for incomes, VII for persons).
- Always write the condition and show that you tested it against the facts. Examiners look for this step.
- Use the consequence wording from sections 11(2) and 11(4): the income is charged to tax for that tax year.
- Do not use the Income-tax Act, 1961 section numbers in June 2027 answers, except when you are asked to contrast the Acts.