TIOL-DDT 1177 · Tuesday, 18 August 2009 · story 2 of 3

What is Income?

The Income Tax Act does not define income ; Central Excise Act has no conclusive definition of manufacture or goods ; The Act for Service Tax does not say what ‘service' is. This is the Great Indian Law rope trick.

The new proposed Direct Taxes Code defines income as: [Section 284 is for definitions.]

128. “income” includes,-

(a) gross salary referred to in section 21;

(b) gross rent referred to in section 25;

(c) the amount of any accrual or receipt from the businesses referred to in column (2) of Table-1 in sub-section (2) of section 30;

(d) gross earnings from the business referred to in section 31;

(e) full value of the consideration received or accruing as a result of the transfer of any investment asset referred to in section 48;

(f) gross residuary income referred to in section 56;

(g) voluntary contributions received by any person other than an individual or a Hindu undivided family;

(h) any sum deducted at source on payment received, in accordance with the provisions of Chapter XI; and

(i) income of the nature referred to in column (3) of Table in Rule 3 of the First Schedule;