LMH Income Tax Service Tax Interpretation {ISI} 2022

This article summarizes Tax Rates, Surcharge, Health & Education Cess, Special rates, and rebate/relief applicable to various categories of Persons viz. Individuals (Resident & Non Resident), HUF, Firms/LLP, Companies, Co-operative Society, Local Authority, AOP, BOI, artificial juridical persons for income liable to tax in the Financial Year 2020-21 (Assessment Year 2021-22) and Financial Year 2021-22 Since there is no change in Tax Rates in the Finance Bill/Budget 2021, hence Tax Rates applicable to both the assessment year are same.

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1.The Finance Act, 2020 has inserted a new Section 115BADin Income-tax Act to provide an option to the co-operative societies to get taxed at the rate of 22% plus10% surcharge and 4% cess.

2. The resident co-operative societies have an option to opt for taxation under newly Section 115BADof the Act w.e.f. Assessment Year 2021-22. The option once exercised under this section cannot be subsequently withdrawn for the same or any other previous year.

3. If the new regime of Section 115BADis opted by a co-operative society, its income shall be computed without providing for specified exemption, deduction or incentive available under the Act. The option to pay tax at lower rates shall be available only if the total income of co-operative society is computed without claiming specified exemptions or deductions

4. The societies opting for this section have been kept out of the purview of Alternate Minimum Tax (AMT).

5. Further, the provision relating to computation, carry forward and set-off of AMT credit shall not apply to these assessee’s.