Indian Income Tax Provisions: PY, Deductions, and Incidence

1. Definition of the Term ‘Previous Year’

The concept of ‘Previous Year’ (PY) is fundamental to the system of income taxation in India and is defined under Section 3 of the Income Tax Act, 1961. The core principle of income tax is that income earned in one year is taxed in the next year.

  • Definition: The Previous Year (PY) is the financial year immediately preceding the Assessment Year (AY). It is the year in which the income is earned or accrued.
  • Duration: A financial year starts on April 1st and ends on March 31st of the following calendar year. Therefore, a standard Previous Year is a 12-month period from April 1st to March 31st.
  • The Rule of Taxation: “Income of the Previous Year is taxable in the Assessment Year.”
Year TypeDefinitionExample (Relevant to AY 2025-26)
Previous Year (PY)The financial year in which the income is earned.April 1, 2024, to March 31, 2025
Assessment Year (AY)The financial year immediately following the PY, in which the income of the PY is assessed and taxed.April 1, 2025, to March 31, 2026

Exceptions (Cases where PY may be less than 12 months)

The first Previous Year may be less than 12 months in the following situations:

  • New Business or Profession: If a new business or profession is set up, the PY begins from the date the business is set up and ends on the immediately following March 31st.
  • New Source of Income: If a new source of income comes into existence, the PY begins from the date the source comes into existence and ends on the immediately following March 31st.

Note: The concept of ‘Previous Year’ ensures a structured and consistent period for calculating and reporting income before the tax liability is determined in the subsequent ‘Assessment Year’.

2. Deduction under Section 24(b) (Interest on Borrowed Capital)

Section 24 of the Income Tax Act deals with the allowed deductions from the Gross Annual Value (GAV) of a house property to arrive at the net taxable income under the head “Income from House Property.”

Section 24 provides for two deductions:

  • Section 24(a): Standard Deduction (30% of Net Annual Value)
  • Section 24(b): Deduction of Interest on Borrowed Capital

Section 24(b) allows an owner to claim a deduction for the interest payable on a loan borrowed for the purpose of acquiring, constructing, repairing, renewing, or reconstructing a house property.

The treatment and maximum limit for this deduction vary based on the nature of the property:

A. For Let-Out or Deemed Let-Out Property

  • Deduction Limit: The entire actual interest paid or payable during the Previous Year is allowed as a deduction.
  • Condition: There is no upper monetary limit on the interest deduction for a rented property. If the interest is very high, it can lead to a loss from house property.

B. For Self-Occupied Property (SOP)

  • Deduction Limit: The deduction is subject to a specific maximum limit.

Purpose of Loan & Maximum Limit:

Purpose of LoanConditions to Claim Full LimitMaximum Annual Deduction
Acquisition or ConstructionLoan must be taken on or after 01.04.1999 AND the acquisition/construction must be completed within 5 years from the end of the financial year in which the loan was taken.₹2,00,000
Repairs, Renewal, or ReconstructionAny loan taken for these purposes (regardless of date) OR Loan for acquisition/construction taken before 01.04.1999 OR Acquisition/construction not completed within the 5-year limit.₹30,000

Aggregate Limit: The maximum deduction under Section 24(b) for all self-occupied properties combined (up to two properties can be treated as SOPs) is ₹2,00,000 or ₹30,000, as applicable.

C. Treatment of Pre-Construction Period Interest

Interest paid on the loan during the period beginning from the date of borrowing and ending on March 31st immediately preceding the date of completion of construction/acquisition is known as Pre-Construction Interest.

  • Deduction: The total Pre-Construction Interest is not allowed in the year of payment. It is allowed as a deduction in five equal annual instalments.
  • Commencement: The deduction starts from the Previous Year in which the construction or acquisition of the property is completed.
  • Overall Cap: This 1/5th instalment, when added to the current year’s interest (Post-Construction Interest), must also be within the overall limit of ₹2,00,000 or ₹30,000 for a self-occupied property.

3. Computing Tax Liability on Integration of Agricultural Income

Under the Indian Income Tax Act, 1961, Agricultural Income is generally exempt from Central income tax under Section 10(1). However, a method known as “Partial Integration of Agricultural Income” is used to tax the non-agricultural income of certain assessees at a higher rate.

This integration method is applicable only to individuals, Hindu Undivided Families (HUFs), Association of Persons (AOPs), and Body of Individuals (BOIs), and only if both of the following conditions are met:

  • Net Agricultural Income exceeds ₹5,000 during the previous year.
  • Non-Agricultural Income exceeds the basic exemption limit (e.g., ₹2,50,000 for a general individual).

Steps for Partial Integration

The calculation involves a two-step process to achieve the integration:

StepCalculationPurpose
Step 1: Gross Tax CalculationCalculate tax on the Aggregate Income, i.e., Total Non-Agricultural Income PLUS Net Agricultural Income.This determines the overall marginal tax rate that will apply to the combined total.
Step 2: Hypothetical Tax CalculationCalculate tax on the sum of the Basic Exemption Limit PLUS Net Agricultural Income.This isolates the tax on the exempt portion (Basic Exemption + Agricultural Income) using the applicable slab rates.
Step 3: Net Tax LiabilitySubtract the tax calculated in Step 2 from the tax calculated in Step 1.Net Tax Payable = (Tax from Step 1) – (Tax from Step 2). This net amount is the tax levied only on the non-agricultural income, but the rate applied is the one determined by the combined income.
Step 4: Final Tax LiabilityAdd Surcharge (if applicable) and Health and Education Cess (at 4%) to the result of Step 3.This provides the total tax liability on the individual’s income.

Example (Assessee under 60 years, Basic Exemption ₹2,50,000)

Income Details:

Income HeadAmount (₹)
Net Agricultural Income3,00,000
Total Non-Agricultural Income6,00,000

Computation of Tax Liability:

StepsCalculationAmount (₹)Tax RateTax (₹)
Step 1: Tax on (Non-Agri Income + Agri Income) = ₹9,00,000
On first ₹2,50,000Nil0
On next ₹2,50,000 (₹2,50,001 to ₹5,00,000)2,50,0005%12,500
On balance ₹4,00,000 (₹5,00,001 to ₹9,00,000)4,00,00020%80,000
Total Tax (A)92,500
Step 2: Tax on (Basic Exemption + Agri Income) = ₹5,50,000
On first ₹2,50,000Nil0
On balance ₹3,00,000 (₹2,50,001 to ₹5,50,000)2,50,0005%12,500
On balance ₹50,000 (₹5,00,001 to ₹5,50,000)50,00020%10,000
Total Tax (B)22,500
Step 3: Net Tax PayableA – B70,000
Step 4: Add Cess (4%)70,000 × 4%2,800
Total Tax Liability72,800

The purpose of this mechanism is to ensure that non-agricultural income is taxed using the higher tax slab bracket into which the individual would have fallen if the agricultural income had also been taxable.

4. Incidence of Taxation and Residential Status

The Incidence of Taxation refers to the extent or scope of a person’s income that becomes taxable in India. Under the Income Tax Act, 1961, the incidence of taxation is directly dependent upon the Residential Status of the assessee, as determined under Section 6.

Residential status (Resident and Ordinarily Resident (ROR), Resident but Not Ordinarily Resident (RNOR), or Non-Resident (NR)) decides which streams of income are included in the Total Income for taxation.

Types of Income and Taxability Nexus

Income can be broadly classified based on its source and location:

  • Indian Income:
    • Income received (or deemed to be received) in India, OR
    • Income accrued/arising (or deemed to accrue/arise) in India.
  • Foreign Income:
    • Income received and accrued/arisen outside India.

Incidence of Tax based on Residential Status

The scope of total income differs for the three categories of individuals as follows:

Residential StatusScope of Total Income (Incidence of Tax)Taxability Rule (Section 5)
Resident and Ordinarily Resident (ROR)Global Income is taxable.Taxable on ALL income: Indian income, and Foreign income (whether derived from a business controlled from India or not).
Resident but Not Ordinarily Resident (RNOR)Taxable on Indian Income PLUS Foreign Income that is derived from a business controlled from or a profession set up in India.Foreign income from sources other than a business/profession controlled/set up in India is NOT taxable.
Non-Resident (NR)Taxable only on Indian Income.Taxable only on income that is received/deemed to be received in India or accrues/arises/deemed to accrue or arise in India.

Suitable Examples

Let’s assume the Previous Year is 2024-25.

ScenarioRORRNORNR
Income 1: Salary received in India (Indian Income)TaxableTaxableTaxable
Income 2: Interest accrued in London, received in India (Indian Income – by receipt)TaxableTaxableTaxable
Income 3: Profit from business in Dubai, business controlled from Mumbai, received in Dubai (Foreign Income from Controlled Business)TaxableTaxableNot Taxable
Income 4: Rental Income from house in Dubai, received in Dubai (Pure Foreign Income)TaxableNot TaxableNot Taxable
Example Analysis
IncomeRORRNORNRExplanation
₹1,00,000 (Income 4: Pure Foreign Income)TaxableNot TaxableNot TaxableAn ROR is taxed on their worldwide income. An RNOR and NR are not taxed on pure foreign income (i.e., income accrued and received outside India).
₹2,00,000 (Income 3: Foreign Income, controlled from India)TaxableTaxableNot TaxableAn RNOR is taxable on foreign business income if the business is controlled from India. An NR is still exempt as the income is neither received nor accrued in India.