Amended and updated notes on section 5 of Income Tax Act 1961 as amended by the Finance Act 2022 and Income-tax Rules, 1962. Detail discussion on provisions and rules related to scope of total income.
Chapter II (Sections 4 to 9A) of the Income Tax Act 1961 deals with the provisions related to basis of charge. Section 5 of IT Act 1961 provides for scope of total income.
Recently, we have discussed in detail section 4 (Charge of Income-tax) of IT Act 1961. Today, we learn the provisions of section 5 of Income-tax Act 1961. The amended provision of section 5 is effective now. In this article, you will learn detail of the provisions of section 5 of the Income Tax Act 1961-2023 read with the Income-tax Rules, 1962.
Section-5: Scope of total income
Section 5(1) of Income Tax Act
Subject to the provisions of this Act, the total income of any previous year of a person who is a resident includes all income from whatever source derived which—
- (a) is received or is deemed to be received in India in such year by or on behalf of such person; or
- (b) accrues or arises or is deemed to accrue or arise to him in India during such year; or
- (c) accrues or arises to him outside India during such year:
Provided that, in the case of a person not ordinarily resident in India within the meaning of sub-section (6) of section 6, the income which accrues or arises to him outside India shall not be so included unless it is derived from a business controlled in or a profession set up in India.
Section 5(2) of Income Tax Act
Subject to the provisions of this Act, the total income of any previous year of a person who is a non-resident includes all income from whatever source derived which—
- (a) is received or is deemed to be received in India in such year by or on behalf of such person; or
- (b) accrues or arises or is deemed to accrue or arise to him in India during such year.
Explanation-1: Income accruing or arising outside India shall not be deemed to be received in India within the meaning of this section by reason only of the fact that it is taken into account in a balance sheet prepared in India.
Explanation-2: For the removal of doubts, it is hereby declared that income which has been included in the total income of a person on the basis that it has accrued or arisen or is deemed to have accrued or arisen to him shall not again be so included on the basis that it is received or deemed to be received by him in India.