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Microlesson · 5-min read

Cases where Income of a Previous Year is assessed in the Previous Year itself

# Income of a Previous Year Assessed in the Previous Year Itself

General rule: income of a previous year is taxed in the following assessment year. Exception: in five situations the income is taxed in the previous year itself — these exist to protect the interest of revenue (where there is a risk the assessee or income may not be available later).

## 1. Shipping business of non-residents [Section 172]

  • A non-resident shipping company's income is taxed immediately, before the ship leaves the Indian port.
  • 7.5% of the freight (and related amounts) for goods/passengers shipped from a port in India is deemed income chargeable to tax.

## 2. Individuals leaving India [Section 174]

  • Where it appears an individual may leave India with no intention of returning, income earned is assessed in the same previous year.
  • Applies only if the Assessing Officer so decides.

## 3. AOP/BOI formed for a particular event or purpose [Section 174A]

  • Where an AOP/BOI is formed for a specific event/purpose and is likely to be dissolved in the same or next year, income up to the date of dissolution is taxed immediately.
  • Triggered at the inception by the AO.

## 4. Persons likely to transfer property to avoid tax [Section 175]

  • Where it appears to the AO that a person may transfer property to avoid tax, income from the beginning of the year up to the date the AO commences proceedings is taxed in the current year.

## 5. Discontinued business [Section 176]

  • Where a business/profession is discontinued during the previous year, income up to the date of discontinuance may be assessed in that year — at the discretion of the AO.

## Memory aid

SectionSituationTrigger
172NR shipping businessAutomatic (7.5% of freight)
174Individual leaving IndiaIf AO decides
174AAOP/BOI for a specific eventAt inception, by AO
175Likely transfer to avoid taxWhen AO begins proceedings
176Discontinued businessAO's discretion

Worked example

### Example 1

Q. A non-resident shipping company collects ₹40,00,000 as freight for goods shipped from Chennai port. How much is deemed taxable, and when?

A. Under Section 172, 7.5% of ₹40,00,000 = ₹3,00,000 is deemed income chargeable to tax, assessed immediately (in the previous year itself, before the ship is allowed to leave the port).

### Example 2

Q. An AOP is formed solely to conduct a one-time trade exhibition and will be dissolved soon after. When is its income taxed?

A. Under Section 174A, since the AOP is formed for a specific event and is likely to be dissolved in the same/next year, its income up to the date of dissolution is taxed in the previous year itself.

⚠️ Common exam mistakes

  • Applying the 7.5% deemed-income rate of Section 172 to anything other than freight of non-resident shipping business.
  • Forgetting that Sections 174, 175 and 176 operate at the Assessing Officer's discretion/decision, not automatically.
  • Mixing up Section 174 (individual leaving India) with Section 174A (AOP/BOI formed for a particular event).
Bare-Act text Sections 172, 174, 174A, 175 and 176 · Income-tax Act, 1961 · click to expand
These exceptions to the general rule under Section 4 are contained in Sections 172 (shipping business of non-residents — 7.5% of carriage charges deemed as income), 174 (assessment of persons leaving India), 174A (assessment of AOP/BOI/artificial juridical person formed for a particular event or purpose), 175 (assessment of persons likely to transfer property to avoid tax) and 176 (discontinued business).
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