Computation of profits and tax in India
as per Finance Act 2001

BG And Associates

Computation of profits and tax in India as per Finance Act 2001

The Finance Act of 2001 in India introduced several amendments and updates to the tax laws and accounting practices in the country. When computing profits and tax under the Income Tax Act, 1961 (which governs taxation in India), the Finance Act 2001 made specific provisions and alterations for individuals, corporations, and other taxpayers. Below is an overview of how profits are computed and how taxes are calculated based on the key provisions of the Finance Act 2001.

Key Provisions of the Finance Act, 2001:

  1. Introduction of Tax Rates and Slabs for individuals and companies.
  2. Clarifications on Capital Gains Tax and the methodology for computing profits from the sale of assets.
  3. Revised Methods for Depreciation to account for different assets.
  4. Changes in Taxable Income of business entities, specifically for sectors like manufacturing, banking, and IT services.

Below is a breakdown of profit computation and tax calculation as per the Finance Act 2001:


1. Computation of Profits:

The computation of profits for taxation under the Income Tax Act is a multi-step process for businesses, whether a sole proprietorship, partnership firm, or a company.

Step 1: Determine Gross Income

The first step is to calculate the gross income from all sources, which typically includes:

  • Income from Business or Profession: Revenue generated by the taxpayer’s business activities (e.g., sales, fees for services).
  • Income from Salary, Rent, etc.
  • Income from Other Sources: Interest, dividends, capital gains, etc.

The gross income is the total amount earned by the taxpayer from all these sources.

Step 2: Deduct Allowable Business Expenses

To compute taxable profits, businesses can deduct certain expenses incurred during the operation of their business. Some common deductible expenses include:

  • Business operating expenses (e.g., rent, utilities, salaries).
  • Depreciation (for fixed assets like machinery, buildings, etc.).
  • Interest on loans and financial charges.
  • Research and development (R&D) costs (for eligible businesses).

For example, the Finance Act of 2001 made provisions for depreciation under Section 32 of the Income Tax Act. It allowed businesses to claim depreciation based on specific rates depending on the category of the asset.

Step 3: Compute Net Profit or Loss

After deducting allowable expenses, the business will arrive at the net profit or net loss. This is the taxable income (or loss) before applying the provisions for taxation.


2. Computation of Tax:

Once the net profit is determined, the next step is to calculate the tax liability. Below are the key components for computing tax liability in India as per the Finance Act 2001:

A. Tax Rates for Individuals:

The Finance Act 2001 introduced certain tax rates for individuals, including tax slabs that determine the income tax payable based on income levels.

  • Income Tax Slabs for Individuals (FY 2001-02):
    • Up to ₹1,00,000: No tax (exempt).
    • ₹1,00,001 to ₹2,00,000: Taxed at 10%.
    • ₹2,00,001 to ₹5,00,000: Taxed at 20%.
    • Above ₹5,00,000: Taxed at 30%.

B. Tax Rates for Companies:

  • Domestic Companies:
    • Corporate Tax Rate (FY 2001-02): 35%.
    • However, certain small businesses with an annual turnover below a specified threshold may be eligible for a reduced tax rate (e.g., 30% for companies with turnover less than ₹1 crore).
  • Foreign Companies:
    • Tax rates for foreign companies may differ and often include an additional surcharge.

C. Deductions and Exemptions:

The Finance Act 2001 provided several exemptions and deductions that could reduce taxable income. These include:

  • Section 80C: Deductions for specified savings and investments (e.g., life insurance premiums, provident fund contributions).
  • Section 80D: Deductions for premiums paid for health insurance.
  • Section 80G: Deductions for donations to charitable institutions.
  • Section 80IA: Deduction for businesses involved in infrastructure development (e.g., power generation, road construction).

These deductions can significantly reduce the taxable profits of an individual or business.

D. Minimum Alternate Tax (MAT):

The Finance Act 2001 introduced MAT (Minimum Alternate Tax) for companies. This tax ensures that companies, especially those claiming significant deductions and exemptions, still pay a minimum amount of tax. MAT is calculated as 7.5% of the book profits (as per Section 115J of the Income Tax Act), and if a company’s tax liability falls below this minimum, MAT is applicable.

Example: If a company’s book profit is ₹100 lakh and the regular tax calculation results in a lower amount, the MAT would be imposed on ₹100 lakh at 7.5%, amounting to ₹7.5 lakh.

E. Capital Gains Tax:

The Finance Act 2001 also introduced measures to calculate capital gains tax:

  • Short-term Capital Gains (for assets held for less than 36 months): Taxed at 10% for listed securities.
  • Long-term Capital Gains (for assets held for more than 36 months): Taxed at 20%, with indexation benefits.

The Finance Act 2001 simplified the tax treatment of capital gains by introducing specific rules for various asset classes, such as stocks, bonds, and real estate.


3. Tax Computation Example:

Let’s say you are a corporate taxpayer with the following data:

  • Gross Income: ₹500,000
  • Expenses (deductible): ₹200,000
  • Depreciation (claimed): ₹50,000
  • Net Profit (after deductions): ₹250,000
  • Deductions under Section 80C (investments): ₹50,000

Step 1: Calculate Taxable Income

  • Net Profit: ₹250,000
  • Less: Deductions under Section 80C: ₹50,000
  • Taxable Income: ₹200,000

Step 2: Apply Tax Rates

  • Tax on ₹200,000: ₹200,000 falls within the 10% tax slab.
  • Tax Liability: ₹200,000 * 10% = ₹20,000

Thus, the tax payable would be ₹20,000.