D T CRV Prasaad
D T CRV Prasaad
Volume - 2
CHAPTER – 12 DEPRECIATION
Conditions for claiming depreciation:
• Should be the owner of the asset (joint ownership is also recognized)
• The asset must be put to use in business (not active use but passive use)
• The assets should fall within the eligible classification of assets
Important points:
• Depreciation claim is mandatory (not an option)
• Registration is not compulsory to claim depreciation
• Allowed on the system of “block of assets”
• Allowed on the basis of “written down value” method
• No depreciation is allowed on land
• No depreciation for assets purchased by way of cash exceeding Rs.10,000
Block of Assets:
“Block of Assets” means a group of assets falling within a class of assets comprising,
a) tangible assets, being building, machinery, plant or furniture;
Plant includes ships, vehicles, books, scientific apparatus and surgical equipments.
Building includes roads, bridges, culverts, wells and tube wells.
Goodwill does not qualify for depreciation.
If the asset is acquired during the previous year (first year) and put to use for:
a. Less than 180 days: Only 50% of the depreciation is allowed
b. 180 days or more: Full depreciation is allowed
note: The above provision is only for year of purchase and not for subsequent years. For
subsequent years, full depreciation is allowed.
note: No depreciation if WDV is reduced to zero or where the block ceases to exist.
In other words, depreciation is allowed only if the following two conditions are satisfied:
a) Block should exist (i.e. there should be an asset in the block)
b) Written down value of the block should not be zero.
note: GST paid on purchase of an asset shall not be included in the cost if ITC is availed.
note: Any subsidy or grant received from the Government in connection with purchase of an
asset shall be reduced from the cost of such asset.
Rates of depreciation:
Computers: 40%; Cars: 15%; Buildings (commercial): 10%;
Furniture: 10%; Ships: 20% Residential quarters: 5%;
Aeroplanes: 40%; Books: 40% Plant and machinery (generally): 15%
Books (annual publication): 40%
Life savings medical equipment: 40%
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note: Motor cars acquired during the period from 23.08.2019 to 31.03.2020 and put to use
before 31.03.2020 shall qualify for 30% depreciation.
note: Motor buses, motor lorries, motor taxis used in the business of running them on hire,
acquired during the period from 23.08.2019 to 31.03.2020 and put to use before
31.03.2020 shall qualify for 45% depreciation.
• It should be:
− a manufacturing unit; or
− an assessee engaged in the business of generation or transmission or
distribution of power.
• Rate of additional depreciation is 20% of cost of new plant and machinery acquired
and installed in a previous year
note: If the new machinery is put to use for less than 180 days: Additional depreciation is
allowed @ 10% (50% of 20%) and balance 10% shall be allowed in the next year.
note: Additional depreciation is allowed every year on the new investment made.
Problems:
1. The following are the assets owned by X as on 1.4.2023:
3. A motor car is the only asset in a block. Cost Rs.2,00,000. Rate of depreciation is 15%. 20% is
disallowed for estimated personal use. WDV of the block is Rs…………………………..
ASSETS MEANT FOR PERSONAL USE AND LATER BROUGHT INTO BUSINESS:
BUILDING used for personal purpose and subsequently brought into business use:
The cost of the building as reduced by notional depreciation calculated up to the year of
bringing the asset to business use will be the cost for the purpose of claiming
depreciation.
However, this provision does not apply to any other asset (for eg. car, computer,
furniture) and therefore the original cost will be the cost for the purpose of depreciation.
4. Ram introduced his building costing Rs.10,00,000 acquired in April, 2019 into business
newly commenced by him from 01.04.2023. The actual cost of building for the purpose of
depreciation for the assessment year 2024-25 would be Rs.
5. A car purchased by Mr.S on 10.08.2020 for Rs.5,25,000 for personal use is brought into the
business of the assessee on 01.07.2023, when its market value is Rs.2,50,000. Compute the
actual cost of the car and the amount of depreciation for the Assessment Year 2024-25
assuming the rate of depreciation is 15%.
6. Mr.X furnishes the following details pertaining to the financial year 2023-2024:-
A machinery acquired in July 2023 (original cost Rs.1,50,000) was destroyed by fire and the
assessee received compensation of Rs.50,000 from the insurance company. Newly acquired
building given above includes value of land of Rs.3,00,000. Calculate the eligible
depreciation claim for the assessment year 2024-25.
7. A newly qualified Chartered Accountant Mr.Dhaval, commenced practice and has acquired the
following assets in his office during F.Y. 2023-2024 at the cost shown against each item.
Assume that all the assets were purchased by way of account payee cheque. Calculate
depreciation that can be claimed from his professional income for A.Y. 2024-25:
5. Office furniture
(acquired from a
practising CA) 1.04.2023 1.04.2023 3,00,000
8. Mr.Gopi carrying on business as proprietor converted the same into a limited company by
name Gopi Pipes (P) Ltd. from 01.07.2023. The details of the assets are given below:
Rs.
Block - I WDV of P&M (rate of depreciation @ 15%) on 01.04.2023 12,00,000
Block - II WDV of building (rate of depreciation @ 10%) on 01.04.2023 25,00,000
The company Gopi Pipes (P) Ltd. acquired P&M in December 2023 for Rs.10,00,000. It has
been doing the business from 01.07.2023. Compute the quantum of depreciation to be claimed
by Mr.Gopi and successor Gopi Pipes (P) Ltd. for the assessment year 2024-2025.
Assume that plant and machinery were purchased by way of account payee cheque. Note:
Ignore additional depreciation.
9. M/s.R & Co., a sole proprietary concern is converted into a company, R Ltd. with effect from
29.11.2023. The written down value of assets as on 01.04.2023 is as follows:
Further, on 15.10.2023, M/s.R & Co. purchased a plant for Rs.1,00,000 (rate of depreciation
15%). After conversion, the company added another plant worth Rs.50,000 (rate of
depreciation 15%). Compute the depreciation available to: (i) M/s.R & Co. & (ii) R Ltd. for
A.Y.2024-2025.
Further, out of purchase of plant and machinery, machinery of Rs.20,000 has been installed in
office and another machinery of Rs.20,000 was used previously for the purpose of business by
the seller. Compute depreciation and additional depreciation for the A.Y. 2024-25.
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11. Mr.A is engaged in the business of generation and distribution of electric power. He always
opts to claim depreciation on written down value for income tax purposes. From the following
details, compute the depreciation allowable for the A.Y.2024-25:
All assets were purchased by A/c payee cheque. Ignore default tax regime.
12. Mr.Venus., engaged in manufacture of pesticides, furnishes the following particulars relating to
its manufacturing unit at Chennai, for the year ending 31.3.2024:
(in lakhs)
Opening WDV of Plant and Machinery 20
New machinery purchased on 1.9.2023 10
New machinery purchased on 1.12.2023 8
Computer purchased on 3.1.2024 4
Additional information:
• All assets were purchased by A/c. payee cheque
• All assets were put to use immediately.
• New machinery purchased on 01.12.2023 and computer has been installed in the office.
During the year ended 31.3.2023, a new machinery had been purchased on 31.10.2022, for
Rs.10 lacs. Additional depreciation, besides normal depreciation, had been claimed thereon.
Depreciation rate for machinery may be taken as 15%.
Compute the depreciation available to the assessee as per the provisions of the Income-tax
Act, 1961 and the WDV of different blocks of assets as on 31.3.2024. Ignore Default TR.
13. Mr.Gamma, a proprietor started a business on 01.01.2023 for manufacture of tyres and tubes
for motor vehicles. The manufacturing unit was set up on 01.05.2023. He commenced his
manufacturing operations on 01.06.2023. The total cost of the plant and machinery installed in
the unit is Rs.120 crore. The said plant and machinery included second hand machinery
bought for Rs.20 crore and new machinery for scientific research relating to the business of the
assesse acquired at a cost of Rs.15 crore.
Compute the amount of depreciation allowable under section 32. Assume that all the assets
were purchased by of account payee cheque. Mr.Gamma has exercised the option of shifting
out of the default tax regime provided u.s.115BAC(1A).
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14. Mr.R resides in Delhi. As per new rule in the city, private cars can be plied in the city only on
alternate days. He has purchased a car on 21.09.2023, for the purpose of his business as per
following details:
He estimates the usage of the car for personal purposes will be 25%. He is advised that since
the car has run only on alternate days, half the depreciation, which is otherwise allowable, will
be actually allowed. He has started using the car immediately after purchase. Determine the
depreciation allowable on car for the AY 2024-25, if this is the only asset in the block. Rate of
depreciation may be taken at 15%.
15. Mr.Tenzingh is engaged in composite business of growing and curing (further processing)
coffee in Coorg, Karnataka. The whole of coffee grown in his plantation is cured. Relevant
information pertaining to the year ended 31.3.2024 are given below:
Rs.
WDV of car as on 1.4.2023 3,00,000
WDV of machinery as on 1.4.2023 (15% rate) 15,00,000
Expenses incurred for growing coffee 3,10,000
Expenditure for curing coffee 3,00,000
Sale value of cured coffee 22,00,000
Besides being used for agricultural operations, the car is also used for personal use;
disallowance for personal use may be taken at 20%. The expenses incurred for car running and
maintenance are Rs.50,000. The machines were used in coffee curing business operations.
Compute the income arising from the above activities for the assessment year 2024-2025.
Show the WDV of the assets as on 1.4.2024.
16. A manufacturing company was transporting two of its machines from unit ‘A’ to unit ‘B’ (which
is at a distance of 100 miles) on September 1, 2023 by a truck. The written down value of this
block of assets as on 01.04.2023 is Rs.4,80,000.
On account of a civil disturbance, both the machines were damaged. The insurance company
paid Rs.5,00,000 for the damaged machineries. On these facts, for submitting the return of
income for the previous year ending March 31, 2024, your advise is sought as to:
17. Compute the quantum of depreciation available u/s.32 of the Income-tax Act, 1961 in respect
of the following items of Plant and Machinery purchased by Gupta Textile Ltd., which has set up
a manufacturing unit in Andhra Pradesh to manufacture textile fabrics during the year 2023-
24. Also compute the WDV of the block of assets as at the year end.
The new imported machinery arrived at Chennai port on 30.03.2024 and was installed on
03.04.2024. All others items were installed and put to use during the year ended 31.03.2024.
MCQs:
1. Additional depreciation on the factory building constructed during the PY 2023-24 and put to use
for manufacturing of garments on 1st February, 2024 having cost of Rs.100 lakhs shall be allowed
in AY 2024-25 at a rate of:
(a) 20%
(b) 10%
(c) 15%
(d) Nil
2. Madhu Ltd. owns machinery (rate of depreciation is 15%) the written down value of which as on
1st April, 2023 Rs.30,00,000. Due to fire, entire assets in the block were destroyed and the insurer
paid Rs.25,00,000. The eligible depreciation in respect of this machinery is:
(a) Rs.4,50,000
(b) Rs.75,000
(c) Rs.5,00,000
(d) Nil
3. Ramson Industries acquired a factory building for self-use in November, 2023. The value of land
underneath the building was Rs.5 lakh and value of building was Rs.10 lakh. The amount of eligible
depreciation allowable for assessment year 2024-25 is:
(a) Rs.1,50,000
(b) Rs.25,000
(c) Rs.1,00,000
(d) Rs.50,000
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4. The WDV of the block of asset of P & M depreciated @ 15% as on 1st April, 2023 was of
Rs.13,50,000. Out of this block, one machine was sold on 1st July, 2023 for Rs.4,50,000 and a new
machine of Rs.7,50,000 was purchased on 1st August, 2023 which could be put to use from 1st
March, 2024. The amount of depreciation (excluding additional depreciation) to be claimed on the
block of plant & machinery in the computation of income for A.Y. 2024-25 shall be:
(a) Rs.1,35,000
(b) Rs.2,47,500
(c) Rs.1,91,250
(d) Rs.2,53,125
5. Zed Ltd., a domestic company engaged in manufacturing activity acquired a plant for Rs.5 lakhs on
7.1.2024 which is eligible for depreciation @ 15%. It paid Rs.4 lakh through ECS system from bank
and balance Rs.1 lakh in cash on 23.02.2024. The plant was put to use on 12.3.2024. The amount of
depreciation (normal and additional) on this plant for AY 2024-25 shall be:
(a) Rs.40,000
(b) Rs.30,000
(c) Rs.70,000
(d) Rs.60,000
6. Mr.X, a retailer acquired furniture on 10th May 2023 for Rs.10,000 in cash and on 15th May 2023, for
Rs.15,000 and Rs.20,000 by a bearer cheque and account payee cheque, respectively. Depreciation
allowable for A.Y.2024-25 would be:-
(a) Rs.2,000
(b) Rs.3,000
(c) Rs.3,500
(d) Rs.4,500
8. Swan Pvt Ltd acquired machinery for Rs.5,75,000 which included GST of Rs.75,000 eligible for input
tax credit. It borrowed Rs.3,00,000 from a bank for purchase of the said machine. Interest on the
bank loan up to the date of usage of machine was ascertained as Rs.25,000. The machine was put to
use from 15th September, 2023. Assume the rate of depreciation at 15%. The eligible amount of
depreciation will be ………………
(a) Rs.75,000
(b) Rs.78,750
(c) Rs.90,000
(d) Rs.50,000
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Loss under the head How to set-off current If carried forward, No. of years cfd Whether return has
year losses? how to set-off? to be filed in time?
House property Inter-source adjustment Only against HP income 8 Can be a belated return
(SOP or LOP) (no limit)
Inter-head adjustment
(max Rs.2 lakhs)
Business Loss:
Non-speculative business Inter-source adjustment Only against Business income 8 Yes
Inter-head adjustment
Capital Loss:
Short-term capital loss Against any capital gains Only against capital gains 8 Yes
Long-term capital loss Against LTCG only Only against LTCG 8 Yes
Other Sources:
Loss from the activity of Income from the activity of Income from the activity of
owning and maintaining owning and maintaining owning and maintaining
race horses race horses race horses 4 Yes
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Once a particular loss is carried forward, it can be set off only against the income from the same head
in the forthcoming assessment years.
Loss of a discontinued business can be carried forward and be set-off against income from any other
business.
Loss from a specified business can be set off against income from any other specified business,
irrespective of whether the later is eligible for deduction u.s.35AD. (under Optional Tax Reg).
Meaning of unabsorbed depreciation: Business profits are insufficient to absorb the entire
amount of depreciation. Unabsorbed depreciation can be carried forward for any number of years
and can be set off against any head of income.
Meaning of Speculative business: Profit or loss made in a business without taking delivery at the
time of purchase (or) giving delivery at the time of sale but the contract is ultimately settled.
Loss from trading in DERIVATIVES in a recognized stock exchange is not a speculative transaction.
The same is treated as non-speculative business loss.
No loss can be set off against casual income. Similarly, loss from gambling, card games, etc. can
neither be set off nor carried forward.
Compulsory filing of loss returns (Section 80): In order to claim the benefit of carry forward of a
loss, the assessee should file his loss return on or before the “due date”. However, loss under the
head “house property” & “unabsorbed depreciation” can be carried forward even if the return is filed
after the “due date”.
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C. Unabsorbed depreciation;
Unabsorbed capital expenditure on scientific research;
Unabsorbed family planning expenditure
1. From the following information, compute total income of Mr.A for the A.Y.2024-25.
2. Mr.Brajesh is a partner in a partnership firm named XYZ Associates. He provides the details
regarding his income and losses for the year ending 31.03.2024:
Salary from XYZ Associates Rs.3,75,000 which was claimed by the firm in its return and
allowed as deduction.
Brought forward business loss from A.Y.23-24 Rs.6,25,000
Loss on sale of shares listed in NSE Rs.1,50,000. Shares were held for 15 months and STT
paid on sale and acquisition.
Long-term capital gain on sale of his house Rs.2,50,000
Rs.51,000 received in cash from friends in party
Rs.30,000 (gross) towards dividend on listed equity shares of domestic companies
Loss from speculative business brought forward from AY 2021-22 Rs.2,50,000
Life Insurance Premium paid (10% of the capital sum assured) Rs.1,00,000
Compute total income of Mr.Brajesh for the AY 2024-25 and show the items eligible for carry
forward. (Ignore provisions of Default Tax Regime).
3. The following are the details of Mr.S, a resident Indian, relating to the year ended 31.03.2024:
Income from salaries (after standard deduction) Rs.2,30,000
Loss from house property Rs.2,10,000
Loss from cloth business Rs.2,40,000
Income from speculation business Rs.30,000
Loss from specified business covered by section 35AD Rs.20,000
Long-term capital gain from sale of urban land Rs.3,60,000
LTCL from sale of listed shares in stock exchange (STT paid) Rs.1,10,000
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Compute the total income and show the items eligible for carry forward both under optional
tax regime and default tax regime.
4. Mr.Sohan submits the following details of his income for the assessment year 2024-25.
Calculate gross total income and losses to be carried forward, assuming that he has exercised
the option of shifting out of the default tax regime provided u.s.115BAC (1A).
5. Mr.X furnishes the following details for the year ending 31.03.2024:
Compute GTI of Mr.X and the cfd losses for the A.Y. 2024-25. Assume that he has exercised the
option of shifting out of the default tax regime provided u.s.115BAC (1A).
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6. X, a businessman of Delhi, furnishes the following, determine the net income of Mr.X:
7. Mr.R submits the following information for the financial year ending 31.03.2024. He desires
that you should compute the total income and the losses that can be cfd. under Default TR.
b. Chemical business:
Discontinued from 01.03.2022 - hence no profit or loss Nil
Bad debts allowed in earlier year recovered in this year Rs.35,000
Bfd business loss of the A.Y. 2022-23 Rs.50,000
9. Compute GTI of Mr.M for the A.Y. 2024-25 from the following particulars:
10. Mr. Aditya furnishes the following details for the year ended 31.03.2024:
Compute the total income of Mr.Aditya and show the items eligible for carry forward, assuming that
he has exercised the option of shifting out of the default tax regime provided u.s.115BAC (1A).
11. Ms.Pooja provides the following information for the year ended on 31st March, 2024:
Income from textile business before adjusting the following items: Rs.3,00,000
a) Current year depreciation Rs.60,000
b) Unabsorbed depreciation of earlier year Rs.2,25,000
c) Brought forward loss of textile business of the A.Y.2022-23 Rs.90,000
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During the previous year 2023-24, Ms.Pooja has repaid Rs.5,25,000 towards housing loan from a
bank. Out of this Rs.3,16,000 was towards payment of interest and rest towards principal.
Compute the gross total income (optional tax regime) and ascertain the amount of loss that can be
cfd. Ms.Pooja has always filed her return within due date specified u.s.139(1) of the IT Act.
12. Mr.T, a resident individual, furnishes the following particulars of his income and other details for the
previous year 23-24:
You are required to compute his total income for A.Y.2024-25 in such a way that his tax liability is
minimized. He has opted out of Default Tax Regime.
13. Gopal, a resident aged 50 years furnishes the following information for the year ended 31.03.2024:
Compute his income tax liability assuming that he has opted out of default tax regime and his wife
does not earn any income.
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14. The following information is furnished by Mr.Shankar for the financial year 2023-24:
Particulars Rs.
Income from let out house property (computed) 3,50,000
Interest paid on housing loan for self-occupied property 2,00,000
Income from Textile business 5,75,000
Brought forward business loss of Assessment Year 2020-21 1,05,000
Short-term capital loss 1,70,000
Brought forward long-term loss from Assessment Year 2022-23 90,000
Long-term capital gain on sale of house 75,000
Interest on enhanced compensation from Government for acquisition
of land in 2019 5,00,000
Dividend received from ABC Ltd. Andhra Pradesh 15,000
Deposit made on 20.01.2024 in his Public Provident fund account 75,000
Loss from owning and maintaining race horse of A.Y. 2022-23 20,000
Loss from Gambling 8,000
Mr.Shankar filed the return of income for assessment year 2020-21 after the expiry of due date for
filing the return. Compute the total income of Mr.Shankar for the assessment year 2024-25 under
proper heads and also state the loss that can be carried forward. Assume Optional Tax Regime.
15. Mr.Jai, a resident individual furnishes the following particulars of his income and other details for the
previous year 2023-24:
Income from the activity of owning and maintaining race horses Rs.40,000
Income from crossword puzzle solving Rs.30,000
Income from agricultural land in Haryana Rs.25,000
Dividend income from domestic company (gross) Rs.15,000
(expenditure incurred in collecting the aforesaid dividend) Rs.2,500
Income from cycling business Rs.1,50,000
Loss from warehousing facility for storage of edible oils Rs.1,00,000
Share of loss from PR associates, a firm (having 4 equal partners) Rs.23,000
Mrs.Jai (wife of Mr.Jai) got a salary of Rs.1,20,000 from PR associates during the 2023-24. She is not
qualified for the job. Compute the gross total income of Mr.Jai for the AY 2024-25 ignoring the
default tax regime. (7 marks – Nov 2023)
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MCQs
1. Mr.A incurred short-term capital loss of Rs.10,000 on sale of shares through the National Stock Exchange.
Such loss:-
(a) can be set-off only against short-term capital gains
(b) can be set-off against both short-term capital gains and long-term capital gains.
(c) can be set-off against any head of income.
(d) not allowed to be set-off.
2. According to section 80, no loss which has not been determined in pursuance of a return filed in
accordance with the provisions of section 139(3), shall be carried forward. The exceptions to this are –
(a) Loss from specified business under section 73A
(b) Loss under the head "Capital Gains" and unabsorbed depreciation
(c) Loss from house property and unabsorbed depreciation
(d) Loss from speculation business under section 73
3. Brought forward loss from house property of Rs.3,10,000 of A.Y. 2022-23 is allowed to be set-off against
IFHP of A.Y. 2024-25 of Rs.5,00,000 to the extent of (under optional tax regime):—
(a) Rs.2,00,000
(b) Rs.3,10,000
(c) Rs.2,50,000
(d) Rs.1,00,000
4. Virat runs a business of manufacturing of shoes since the P.Y. 2021-22. During the P.Y. 2021-22 and P.Y.
2022-23, Virat had incurred business losses. For P.Y. 2023-24, he earned business profit (computed) of
Rs.3 lakhs. Considering he may/may not have sufficient business income to set off his earlier losses,
which of the following order of set off shall be considered: (He does not have any other income).
(a) First adjustment for loss of P.Y. 2021-22, then loss for P.Y. 2022-23 and then unabsorbed
depreciation, if any.
(b) First adjustment for loss of P.Y. 2022-23, then loss for P.Y. 2021-22 and then unabsorbed
depreciation, if any.
(c) First adjustment for unabsorbed depreciation, then loss of P.Y. 2022-23 and then loss for P.Y.
2021-22, if any.
(d) First adjustment for unabsorbed depreciation, then loss of P.Y. 2021-22 and then loss for P.Y.
2022-23, if any.
5. Mr.Ravi incurred loss of Rs.4 lakh in the P.Y. 2023-24 in leather business. Against which of the following
incomes earned during the same year, can he set-off such loss?
(i) Profit of Rs.1 lakh from apparel business
(ii) Long-term capital gains of Rs.2 lakhs on sale of jewellery
(iii) Salary income of Rs.1 lakh
6. During the A.Y.2023-24, Mr.A has a loss of Rs.8 lakhs under the head "Income from house property" which
could not be set off against any other head of income as per the provisions of section 71. The due date for
filing return of income u/s 139(1) in case of Mr.A has already expired and Mr.A forgot to file his return of
income within the said due date. However, Mr.A filed his belated return of income for A.Y.2023-24. Now,
while filing return of income for A.Y.2024-25, Mr.A wishes to set off the said loss against income from
house property for the P.Y. 2023-24. Determine whether Mr.A can claim the said set off.
(a) No, Mr.A cannot claim set off of loss of Rs.8 lakhs during A.Y. 2024-25 as he failed to file his return
of income u/s 139(1) for A.Y. 2023-24.
(b) Yes, Mr. A can claim set off of loss of Rs.2 lakhs, out of Rs.8 Iakhs, from its income from house
property during A.Y. 2024-25, if any, and the balance has to be carried forward to A.Y.2025-26.
(c) Yes, Mr. A can claim set off of loss of Rs.2 lakhs, out of Rs.8 Iakhs, from its income from any head
during A.Y 2024-25 and the balance, if any, has to be carried forward to A.Y. 2025-26.
(d) Yes, Mr.A can claim set off of loss of Rs.8 lakhs during A.Y. 2024-25 from its income from house
property, if any, and the balance has to be carried forward to A.Y.2025-26.
7. Mr.Rohan incurred loss of Rs.3 lakh in the P.Y. 2023-24 in derivative trading business. Against which of
the following income during the same year, can he set-off such loss?
9. Mathur Storage (P) Ltd. engaged in chain cold storage has brought forward business loss of Rs.12 lakhs
relating to assessment year 2023-2024. During the previous year 2023-2024, its income from the said
business is Rs.9 lakhs. It also has profit from trade in food grains of Rs.6 lakhs.
The total income of the company for the assessment year 2024-2025 is:
(a) Rs.15 lakhs
(b) Rs.6 lakhs
(c) Rs.9 lakhs
(d) Rs.3 lakhs
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1. Mr.V has transferred through a duly registered document the income arising from a godown, to his
son, without transferring the godown. In whose hands will the rental income from godown be
charged?
2. X has a fixed deposit of Rs.5,00,000 in SBI. He instructs the bank to credit the interest on the
deposit @ 8% p.a. to the savings bank account of Y, son of his brother, to help him in his education.
Discuss the tax treatment of the interest income.
“Revocable” means the transferor has the right to take back the asset during the life time of the
transferee.
− If the assessee has “substantial interest” in a concern where the spouse is employed;
and
− If remuneration is received by the spouse from such concern “without any technical or
professional knowledge or experience”
Where both husband and wife have substantial interest and both are getting remuneration from a
concern without any technical or professional knowledge or experience:
Income shall be clubbed in the hands of that spouse whose other income is greater without
taking in to account the above remuneration.
3. Mr.A holds 25% shares of X (pvt) Ltd. Mrs.A is working as a computer software programmer in X
(pvt) Ltd. at a salary of Rs.70,000 p.m. She is, however, not qualified for the job. The other income
of Mr.A and Mrs.A are Rs.7,00,000 & Rs.4,00,000, respectively. Compute gross total income of Mr.A
and Mrs.A. Will you answer be different if Mrs.A was qualified for the job?
4. Mr.B along with his father holds shares carrying 30% voting power in Y Ltd. Mrs.B is working as
accountant in Y Ltd. getting income under the head salary (computed) of Rs.3,44,000 without any
qualification in accountancy. Mr.B also receives Rs.30,000 as interest on securities. Mrs.B owns a
house which she has let out. Rent received from tenants is Rs.6,000 p.m. Compute gross total
income of Mr.B and Mrs.B for A.Y. 2024-25.
In other words, ‘deemed owner’ provisions shall not apply if the house is transferred for an
adequate consideration or in connection with an agreement between them to live apart.
House 2: X gifts (out of natural love and affection) this house to his wife Mrs.X on 1.10.2023.
There is no agreement between them to live separately.
Briefly state the income-tax consequences showing clearly the person in whose hands the same is
chargeable to tax.
a. In the case of existing business: Ratio that existed as on the 1st day of the previous
year
b. In the case of new business: Ratio that existed as on the 1st day of
commencement of business.
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6. Mrs.A started a business in 2021. Her capital in the business as on 1.4.2022 stood at Rs.3,00,000.
Mr.A (her husband) gifted a sum of Rs.2,00,000 to Mrs.A on 10.12.2022, which was also invested in
the aforesaid business on the same date. She earned a profit of Rs.1,50,000 and Rs.3,90,000 during
the previous year 2022-23 and 2023-24 respectively. Compute the amount of the income to be
clubbed in the hands of Mr.A.
7. Mr.A started a proprietary business on 20.04.2022 with a capital of Rs.5,50,000. His wife Smt.P
gifted Rs.2,00,000 on the occasion of his birthday on 28.07.2022, out of which he introduced
Rs.1,00,000 into his proprietary business.
He did not withdraw any amount from the business for his personal use. Determine the amount
chargeable to tax in the hands of Mr.A and the amount liable for clubbing in the hands of his wife.
Compute the amount to be clubbed in the hands of Mrs.Vaishaly for the A.Y. 2024-25. If
Mrs.Vaishaly gave the said amount as loan, what would be the amount to be clubbed?
Any income from asset transferred without adequate consideration shall be clubbed in the
hands of the transferor spouse.
Note: Clubbing provisions are attracted only if husband and wife relationship subsist both at
the time of transfer of asset and at the time of accrual of income.
Note: Natural love and affection does not constitute adequate consideration.
24
Mr.X had transferred Rs.5,00,000; 9% debentures of ABC Ltd to his wife Mrs.X. The interest on such
debentures was received by Mrs.X during the year 2023-24. Later, she invested the same in a fixed
deposit with SBI and earned Rs.4,000 as interest from the deposit. Discuss in whose hands will
interest on debentures and interest on fixed deposit shall be assessed?
9. On 01.05.2023, Mr.Rama transferred the right to receive rental income arising from a factory
godown owned by him, to his major son Mr.Lava, for a period of 10 years. The rental income
derived is Rs.10,000 p.m.
On 12.03.2019, he gifted 2000 shares of face value of Rs.100 each in ITC Ltd., a listed company, to
his wife Mrs.Seetha. Mr.Rama had purchased them on 19.02.2017 at Rs.110 each.
ITC Ltd. allotted bonus shares in the ratio of 1:1 on 12.04.2021. Mrs.Seetha sold all shares of the
above company on 15.01.2024 in the National Stock Exchange for a net consideration of Rs.180 per
share, paying the applicable STT thereon.
Discuss how the above items will be treated in the hands of Mr.Rama and Mrs.Seetha for the
Assessment Year 2024-25. (Computation of income is not required).
d. Capital gains: Will be clubbed if the asset has been transferred without adequate
consideration
e. Other sources: Will be clubbed if the asset has been transferred without adequate
consideration
10. Mr.A has gifted a house property valued at Rs.50 lakhs to his wife, Mrs.B, who in turn has gifted the
same to Mrs.C, their daughter-in-law. The house was let out at Rs.25,000 per month throughout the
year. Compute the total income of Mr.A and Mrs.C. Will your answer be different if the said
property was gifted to his son, husband of Mrs.C?
11. Mr.Shiva gifted a let-out building which fetches rental income of Rs.10,500 per month to his son’s
wife on 01.11.2023. The municipal tax of Rs.6,000 on the property was paid on 10.01.2024. The
total income from all other sources (computed) amounts to Rs.2,60,000 except from above said
property. His total income chargeable to tax is:
a. Rs.3,11,450
b. Rs.3,44,000
c. Rs.3,80,000
d. Rs.3,33,500
12. Mr.G has four minor children consisting of 2 daughters and 2 sons. The annual income of 2
daughters was Rs.7,500 and Rs.5,000 and of sons were Rs.5,500 and Rs.1,250 respectively. The
daughter who was having income of Rs.5,000 was suffering from a disability specified u.s.80 U.
Work out the amount of income earned by minor children to be clubbed in the hands of Mr.G.
13. Compute total income of Mr.A & Mrs.A from the following information:
Salary Income (computed) of Mrs.A Rs.5,30,000
Income from profession of Mr.A Rs.9,90,000
Income of minor son B from company deposit Rs.15,000
Income of minor daughter C from special talent Rs.72,000
Interest from bank received by C on deposit made out of her special talent Rs.6,000
Gift received by C from friend of Mrs.A Rs.20,000
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14. Mr.Daniel and his wife Mrs.Helan furnish the following information:
Salary income (computed) of Mrs.Helan Rs.4,60,000
Income of minor son B who suffers from disability specified u.s. 80 U Rs.1,08,000
Income of minor daughter C from singing Rs.86,000
Income from profession of Mr.Daniel Rs.7,50,000
Income of minor married daughter A from company deposit Rs.30,000
Compute the total income of Mr.Daniel and Mrs.Helan for the A.Y. 2024-25.
15. Mr.Mahadev, a noted bhajan singer of Rajasthan and his wife Mrs.Dariya furnish the following
information relating to the Assessment Year 2024-25.
Rs.
Income of Mr.Mahadev – professional bhajan singer (computed) 5,65,000
Salary income of Mrs.Dariya (computed) 3,80,000
Compute taxable income of Mr.Mahadev & Mrs.Dariya for the A.Y. 2024-25.
16. Mr.S is a trader. Particulars of his income and those of the members of his family are given below.
These relate to the previous year ended 31.03.2024:
These deposits were made in the name of Deep by his father’s father
6 years ago
Rs.12,000
Receipts from sale of paintings and drawings made by minor Deepthi
(minor daughter of Mr. and Mrs.S and a noted child artiste) Rs.60,000
Income by way of lottery earnings by Master Dippu (minor son of Mr.S) Rs.6,000
Discuss whether the above will form part of the assessable income of any individual and also
compute the assessable income of Mr.S.
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17. Mr.A has three minor children – twin daughters, aged 12 years, and one son, aged 16 years. Income
of the twin daughters is Rs.2,000 p.a. each and that of the son is Rs.1,200 p.a. Mrs.A has transferred
her flat to her minor son on 01.04.2023 out of natural love and affection. The flat was let out on the
same date and the rental income from flat is Rs.10,000 p.m. Compute the income, in respect of
minor children, to be included in the hands of Mr.A and Mrs.A (assuming that Mr.A’s total income is
higher than Mrs.A’s total income, before including the income of minor children). Both Mr.A and
Mrs.A exercise the option of shifting out of the default tax regime provided u.s.115BAC (1A).
18. During the p. y. 2023-24, the following transactions are noted from the records of X.
a. X has a fixed deposit of Rs.5,00,000 in State Bank of India. He instructs the bank to credit the
interest on the deposit at the rate of 9% from 01.04.2023 to 31.03.2024 to the savings bank
account of Y, son of his brother, to help him in his education.
b. X holds 75% share in a partnership firm. Mrs.X receives a commission of Rs.25,000 from the
firm for promoting the sales of the firm. Mrs.X possesses no technical or professional
qualification.
c. X gifts a flat to Mrs.X on 01.04.2023, during the previous year. The flat generates a net
income (computed) of Rs.52,000 to Mrs.X.
d. X gifts Rs.2,00,000 to his minor son who invested the same in a business and he derived
income of Rs.20,000 from the investment.
e. X’s minor son derives an income of Rs.20,000 through a business activity involving
application of his skill and talent.
During the year X gets a pension of Rs.1,20,000 p.a. He has no other income. Mrs.X receives salary
of Rs.2,40,000 p.a. from a part-time job. Discuss the tax implications of each transaction and
compute the total income of X, Mrs.X and their minor child assuming optional tax regime is opted.
Income of HUF:
Clubbing before partition:
Where a member of HUF has converted or transferred his self-acquired property into joint
family property (i.e. throwing such property into common stock of the family) for an
inadequate consideration, income arising therefrom is taxable (clubbed) as the income of the
transferor-member.
Example: X gifts his self-acquired property yielding an annual income of Rs.60,000 to his HUF,
consisting of X, Mrs.X, his major son Y and minor son Z. Income of Rs.60,000 will be clubbed in the
income of X (and not of the HUF).
Example: Assume in the above example, that the property is partitioned equally among the family
members, income derived from converted property by Mrs.X (i.e. ¼ of Rs.60,000) and share of minor
son (i.e. ¼ of Rs.60,000) will be included in the income of Mr.X.
19. Mr.S is a member of HUF. It consists of himself, his wife Juhi and his major son Arjun and his minor
daughter Aditi. Mr.S transferred his house property acquired through his personal income to the
HUF without any consideration.
On 01.10.2023, HUF is partitioned and such property being divided equally. Net annual value of the
property for the previous year 2023-24 is Rs.1,00,000. Determine the tax implications.
Additional Problems:
20. Details of Income of Mr.R and his wife Mrs.R for the previous year 2023-24 are as under:
i. Mr.R transferred his self-acquired property without any consideration to the HUF of which
he is a member. During the previous year 2023-24 the HUF earned an income of Rs.50,000
from such property.
ii. Mr.R transferred Rs.4,00,000 to his wife Mrs.R on 01.04.2009 without any consideration
which was given as a loan by her to Mr.Girish. She earned Rs.3,50,000 as interest during the
earlier previous years which was also given as a loan to Mr.Girish. During the previous year
2023-2024 earned interest @ 11% per annum.
iii. Mr.R and Mrs.R both hold equity shares of 27% and 25% respectively in AMC Limited. They
are also working as employees in such Company. During the financial year 2023-24 they
have withdrawn a salary of Rs.3,20,000 and Rs.2,70,000 respectively.
iv. Mrs.R transferred 5,000 equity shares of RSB Ltd. on 17.09.2016 to Mr.R without any
consideration. The Company issued 3,000 bonus shares to Mr.R in 2019. On 04.03.2024,
Mr.R sold entire share holdings and earned Rs.5,20,000 as capital gains.
Apart from above income, Mr.R has income from commission Rs.4,00,000 and Mrs.R has interest
income of Rs.3,30,000. Compute Gross Total income of Mr.R and Mrs.R for the A.Y. 2024-25.
(c) Income of minor daughter "C" from script writing for Television Serials 1,86,000
(f) Income of minor son "B" form scholarship received from his school 1,00,000
Compute total income of Mr.Dharmesh and his wife Mrs.Anandi for Assessment Year 2024-25
assuming that they have opted to be taxed under optional tax regime.
22. Determine the Gross total income of Shri Ram Kumar and Smt. Ram Kumar for the assessment year
2024-25 from the following:
i. Salary received by Shri Ram Kumar from a company Rs.1,80,000 p.a. and Smt. Ram Kumar
also doing job in a company and getting salary of Rs.2,40,000 p.a.
ii. Shri Ram Kumar transferred a flat to his wife Smt. Ram Kumar on 01.09.2023 for adequate
consideration. The rent received from this let-out flat is Rs.9,000 p.m.
iii. Shri Ram Kumar and his wife Smt. Ram Kumar both are partners in a firm. Shri Ram Kumar
received Rs.36,000 and Smt. Ram Kumar received Rs.64,000 as interest from the firm and
also had a share of profit of Rs.12,000 and Rs.26,000 respectively.
iv. Smt. Ram Kumar transferred 10% debentures worth Rs.3,00,000 to Shri Ram Kumar. The
whole amount of Rs.3,30,000 invested by Shri Ram Kumar in the similar investments and
earned income of Rs.39,000.
v. Mother of Shri Ram Kumar transferred a property to Master Rohit (son of Shri Ram Kumar)
in the year 2021 Master Rohit (aged 13 years) received Rs.15,000 as income from this
property on 20th February, 2024.
23. (i) Mr.Raghav owns two house properties in Mumbai. The details of these properties are as under:-
House 1 House 2
Self-occupied Let-out
Rent received per month Not applicable Rs.60,000
Municipal taxes paid Rs.7,500 Nil
Interest on loan
(taken for purchase of property) Rs.3,50,000 Rs.5,00,000
(ii) Mr.Raghav had a house in Delhi. During financial year 2014-15, he had transferred the house to
Ms.Vamika, daughter of his sister without any consideration. House would go back to Mr.Raghav
after the life time of Ms.Vamika. The transfer was made with a condition that 10% of rental income
from such house shall be paid to Mrs.Raghav. Rent received by Ms.Vamika during the previous year
2023-24 from such house property is Rs.5,50,000.
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(iii) Mr.Raghav receives following income from M/s M Pvt. Ltd. during P.Y. 2023-24:
• Interest on Debentures of Rs.7,50,000; and
• Salary of Rs.3,75,000.
He does not possess the adequate professional qualification commensurate with the salary received
by him.
(iv) Mr. and Mrs.Raghav form a partnership firm with equal share in profits. Mr.Raghav transferred
a fixed deposit of Rs.1 crore to such firm. Firm had no income or expense other than the interest of
Rs.9,00,000 received from such fixed deposit. Firm distributed the entire surplus to Mr. and
Mrs.Raghav at the end of the year.
(v) Mr.Raghav holds preference shares in M/s.K Pvt. Ltd. He instructed the company to pay
dividends to Ms.Geeta, daughter of his servant. The transfer is irrevocable for the life time of Geeta.
Dividend received by Ms.Geeta during the previous year 2023-24 is Rs.13,00,000.
Compute total income of Mr.Raghav for the Assessment Year 2024-25. Ignore DTR.
24. Mr.Gupta and his wife Mrs.Gupta are partners in a partnership firm holding 25% share each. During
the FY 2023-24, the firm paid Rs.2,50,000 to each of them as remuneration. Apart from this, they
provide you the following information in respect of FY 2023-24:
ii. Interest on fixed deposit earned by Mrs.Gupta Rs.14,00,000. (The fixed deposit was opened
by using her "Stridhan")
iii. Income of their three minor children Neeta, Meeta and Seeta was Rs.15,000, Rs.10,000 and
Rs.2,000 respectively.
You are required to compute the gross total income of Mr. and Mrs.Gupta as per the provisions of
Income-tax Act for the AY 2024-25. Ignore provisions of Default tax regime.
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25. From the following transactions compute the total income of Mr.Raman and his wife Savita for the
Assessment year 2024-25:
a) Mr.Raman had a fixed deposit of Rs.5,00,000 in the bank. He instructed the bank to credit
the interest on deposit @ 8% from 01.04.2023 to 31.03.2024 to the savings account of his
brother’s son for his education.
b) Savita is a B.com graduate and working in ABC Private Limited as an accountant with a
monthly salary of Rs.25,000. Raman holds 30% equity shares of ABC Private Limited.
d) Sajan, younger son of Raman, aged 17 years won in a debate competition during the annual
competitions held at his school and received a cash award of Rs.10,000 and he also earned
interest of Rs.7,000 on balance maintained in his savings bank account.
26. Mr.Chaman who is 50 years old and his wife Mrs.Chaman who is 48 years old furnish the following
information:
e) Miss Naina, their minor daughter, earned Rs.3,56,000 by performing in various quiz
competitions held online during the year 2023-24. She kept that amount in savings bank
account and earned interest of Rs.15,000 during the year 2023-24.
f) Master Neelabh, their minor son earned Rs.35,000 from fixed deposit which was made out
of cash he received on his birthday from his friends and family. Neelabh suffers from
disability as mentioned u.s.80U. The medical certificate shows a disability of up to 75%.
Compute the total income in the hands of Mr. and Mrs.Chaman and their minor children for the
Assessment Year 2024-25. Ignore default tax regime.
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CROSS TRANSFERS:
27. Mr.Vasudevan gifted a sum of Rs.6 lakhs to his brother’s wife on 14.6.2023. On 12.7.2023, his
brother gifted a sum of Rs.5 lakhs to Mr.Vasudevan’s wife. The gifted amounts were invested as
fixed deposits in banks by Mrs.Vasudevan and wife of Mr.Vasudevan’s brother on 01.8.2023 at 7%
interest. Discuss the consequences of the above under the provisions of the Income-tax Act, 1961 in
the hands of Mr.Vasudevan and his brother.
Solution:
In the given case, Mr.Vasudevan gifted a sum of Rs.6 lakhs to his brother’s wife on 14.06.2023 and
simultaneously, his brother gifted a sum of Rs.5 lakhs to Mr.Vasudevan’s wife on 12.07.2023. The
gifted amounts were invested as fixed deposits in banks by Mrs.Vasudevan and his brother’s wife.
These transfers are in the nature of cross transfers.
If two transactions are inter-connected and are part of the same transaction, clubbing
provisions would be attracted. Accordingly, the interest income arising to Mrs.Vasudevan would
be included in the total income of Mr.Vasudevan and interest income arising in the hands of his
brother’s wife would be taxable in the hands of Mr.Vasudevan’s brother, to the extent of amount of
cross transfers i.e., Rs.5 lakhs.
This is because both Mr.Vasudevan and his brother are the indirect transferors of the income to
their respective spouses with an intention to reduce their burden of taxation.
Important: However, the interest income earned by his spouse on fixed deposit of Rs.5 lakhs alone
would be included in the hands of Mr.Vasudevan’s brother and not the interest income on the entire
fixed deposit of Rs.6 lakhs, since the cross transfer is only to the extent of Rs.5 lakhs.
MCQs:
2. Ram owns 500, 15% debentures of Reliance Industries Ltd. of Rs.500 each. Annual interest of
Rs.37,500 was declared on these debentures for P.Y. 2023-24. He transfers interest income to his
friend Shyam, without transferring the ownership of these debentures. While filing return of
income for A.Y.2024-25, Shyam showed Rs.37,500 as his income from debentures. As tax advisor of
Shyam, do you agree with the tax treatment done by Shyam in his return of income?
(a) Yes, since interest income was transferred to Shyam therefore, after transfer it becomes his
income.
(b) No, since Ram has not transferred debentures to Shyam, interest income on the debentures
is not taxable income of Shyam.
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(c) Yes, if debentures are not transferred, interest income on debentures can be declared by
anyone, Ram or Shyam, as taxable income depending upon their discretion.
(d) No, since Shyam should have shown the income as interest income received from Mr. Ram
and not as interest income earned on debentures.
3. On 20.10.2023, Pihu (minor child) gets a gift of Rs.20,00,000 from her father's friend. On the same
day, the amount is deposited as fixed deposit in Pihu's bank account. On the said deposit, interest of
Rs.13,000 was earned during the P.Y. 2023-24. In whose hands the income of Pihu shall be taxable?
Also, compute the amount of income that shall be taxable.
4. Mr.Arvind gifted a house property to his wife, Ms.Meena and a flat to his daughter-in law, Ms.
Seetha. Both the properties were let out. Which of the following statements is correct?
(a) Income from both properties is to be included in the hands of Mr.Arvind by virtue of section
64.
(b) Income from property gifted to wife alone is to be included in Mr.Arvind's hands by virtue
of section 64.
(c) Mr.Arvind is the deemed owner of house property gifted to Ms.Meena and Ms.Seetha.
(d) Mr.Arvind is the deemed owner of property gifted to Ms.Meena. Income from property
gifted to Ms.Seetha would be included in his hands by virtue of section 64.
5. Mrs.Shivani, wife of Mr.Anurag, is a partner in a firm. Her capital contribution of Rs.5 lakhs to the
firm as on 1.4.2022 included Rs.3.5 lakhs contributed out of gift received from Anurag. The firm
paid interest on capital of Rs.50,000 and share of profit of Rs.60,000 during the F.Y.2023-24. The
entire interest has been allowed as deduction in the hands of the firm. Which of the following
statements is correct?
(a) Share of profit is exempt but interest on capital is taxable in the hands of Mrs.Shivani.
(b) Share of profit is exempt but interest of Rs.39,286 is includible in the income of Mr. Anurag
and interest of Rs.10,714 is includible in the income of Mrs.Shivani.
(c) Share of profit is exempt but interest of Rs.35,000 is includible in the income of Mr. Anurag
and interest of Rs.15,000 is includible in the income of Mrs.Shivani.
(d) Share of profit to the extent of Rs.42,000 and interest on capital to the extent of Rs. 35,000
is includible in the hands of Mr.Anurag.
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6. Mr.Aarav gifted a house property valued at Rs.50 lakhs to his wife, Geetha, who in turn has gifted
the same to her daughter-in-law Deepa. The house was let out at Rs.25,000 per month throughout
the P.Y.2023-24. Compute income from house property for A.Y.2024-25. In whose hands is the
income from house property chargeable to tax?
7. If the converted property is subsequently partitioned among the members of the family, the income
derived from such converted property as is received by the spouse of the transferor will be taxable -
8. Rohit (a Chartered Accountant) is working as Accounts Officer in Raj (P) Ltd. on a salary of
Rs.50,000 p.m. He got married to Ms.Pooja who holds 25% shares of this company. What will be
the impact of salary paid to Rohit by the company in the hands of Ms.Pooja:
Deductions are NOT available against incomes that are taxed at SPECIAL RATE
Deduction in respect of certain incomes such as 80-IA, 80-IAB, 80-IAC, 80-IB, 80IBA, 80-IC,
80-IE, 80JJA, 80JJAA, 80LA, 80M, 80P, 80PA, 80QQB and 80RRB shall be allowed only if the
return of income is filed before ‘due date’.
Chapter VIA deductions are not available under the default tax regime under section
115BAC(1A) except for Section 80CCD (2); Section 80CCH (2) and Section 80JJAA.
Policy on the life of any person suffering from any disability or disease:
Before 01.04.2012 20% of sum assured or actual premium (w.e.l)
Between 2012-13 10% of sum assured or actual premium (w.e.l)
On or after 01.04.2013 15% of sum assured or actual premium (w.e.l)
Note: The aggregate of section 80C, 80CCC and 80CCD(1) cannot exceed Rs.1,50,000
U.S. 80CCD(1):
Amount of deduction: a. In case of a salaried employee:
• Amount contributed; or
• 10% of salary (basic + DA (F))
(whichever is less)
b. In case of self-employed:
• Amount contributed; or
• 20% of gross total income; or
(whichever is less)
Important: The aggregate of Section 80C, 80CCC & 80CCD(1) cannot exceed Rs.1,50,000.
Note: There are two types of NPS account i.e., Tier I and Tier II.
Section 80CCD - (Tier I account) under the NPS.
Section 80C - (Tier II account) only for Central Government employees.
37
Note: Difference between 10(12A) and 10(12B): Section 10(12A) exemption is for all
individuals (salaried or self-employed) but Section 10(12B) is only for ‘salaried’ individuals.
Important: However, the amount received by the nominee on the death of the assessee shall
NOT be deemed to be the income of the nominee, hence exempt from tax.
Important: Section 80CCD(1B) and Section 80CCD(2) are not included in the above limit. They
are separate deductions.
38
Note: Deduction u.s.80CCH (2) is also available under the default tax regime.
(To induct young and talented individuals into the armed forces, the Central Government launched the Agnipath scheme on
June 14th, 2020. Individuals aged between 17.5 years to 21 years will be eligible to apply for it. It is a tour-of-duty style
scheme where individuals would be commissioned as soldiers into the three segments of the armed forces. After a job
tenure of 4 years, 25% of "Agniveers" will get a chance to get converted to a regular armed forces cadre. Soldiers enrolled
in this scheme will earn Rs.4.76 lakh annually (approx.). In the final year, this income will rise to almost Rs.6.92 lakh. The
entire principal will accumulate interest over 4 years, and applicants will get a maturity corpus of almost Rs.10.04 lakh (plus
applicable interest). To ensure all income under this scheme remains tax-free, the authorities introduced Section 80CCH.)
I. Amount of deduction:
Category I:
For assessee, spouse and Rs.25,000 (or) actual premium paid (whichever is less)
dependent children (Rs.50,000 if the assessee is a resident senior citizen)
Category II:
For parents Separate deduction of Rs.25,000 if policy is taken on the health
of parents (dependent or not). Higher deduction of Rs.50,000
if parent is a resident senior citizen.
III. Medical expenditure incurred on the health of a SENIOR CITIZEN (WHO IS NOT COVERED
BY ANY HEALTH INSURANCE) (as a welfare measure):
Expenditure on medical treatment of senior citizen (resident) for whom health insurance is not
available: Deduction is Rs.50,000 (or) actual medical expenditure (w.e.l.). Expenditure incurred
should not be in cash.
Note: Deduction will be reduced to the extent of amount received from Insurance Company or
towards medical reimbursement from Employer.
• The loan can be for the assessee himself or his spouse or his children or a student for whom the
assessee is the legal guardian.
• Loan can be borrowed from any financial institution or approved charitable institution
• Deduction is allowed for a period of 8 years
• Higher education in an educational institution can be in India or outside India
“Higher Education” means any course of study pursued after passing the Senior Secondary
Examination or its equivalent from any school or board recognized by the Government.
41
Conditions:
• The value of residential house does not exceed Rs.50,00,000
• The loan amount does not exceed Rs.35,00,000
• The loan is sanctioned during the previous year 2016-17
• The loan is borrowed from a bank or a housing finance company
• The assessee does not own any residential house on the date of sanction of loan
Conditions:
• The stamp duty value does not exceed Rs.45,00,000
• The loan should be sanctioned during the period 01.04.2019 to 31.03.2022
• The loan is borrowed from a bank or a housing finance company
• The assessee should not own any residential house on the date of sanction of loan
Note: The above deduction is available for both self-occupied and let-out properties
Qualifying amount: Actual donation made (or) 10% of adjusted gross total income
(whichever is less) will qualify for 50% deduction.
Adjusted Gross Total Income means: Gross total income (-) incomes taxed at special rates (-)
all deductions u.s. 80 except 80G.
Note: If donations are made to the Government for the PROMOTION OF FAMILY PLANNING then
100% of qualifying amount is allowed as deduction.
Conditions:
• Deduction under this section is not available for salaried employees who receive HRA
• The assessee or his spouse or his minor child should not own any residential house at the
place where the assessee is employed or where he carries on his business.
• The assessee should not own any self-occupied property in India.
Adjusted Gross Total Income means: Gross total income (-) incomes taxed at special rates (-)
all deductions u.s. 80 except 80 GG.
44
To whom available: All assesses to whom section 44AB applies (Tax Audit)
1. “Additional employee”: An employee who is newly employed during the previous year
• an employee employed for a period of less than 240 days during the previous year
(150 days in case of an assessee engaged in the business of manufacturing of apparel or
footwear or leather products)
Note: ‘Books’ here does not include journals, guides, newspapers, textbooks for school students,
pamphlets, dairies and other publications of similar nature.
Note: Royalty earned outside India will qualify for deduction u.s.80QQB only if it is brought to
India in convertible foreign exchange within a period of six months from the end of the previous
year or within the time extended by RBI.
Important:
Deduction under this section is not available for senior citizens. Senior citizens can claim
deduction under section 80TTB.
Interest on post office savings account is also exempt u.s.10(15) up to Rs.3,500 in a single account and
Rs.7,000 in a joint account. Deduction u.s.80TTA is in addition to the amount exempt.
2. Compute the eligible deduction u.s. 80C for A.Y.2024-25 in respect of life insurance premium paid by
Mr.G during the previous year 2023-24, the details of which are given hereunder, if Mr.Ganesh has
exercised the option of shifting out of the default tax regime provided u.s.115BAC(1A):-
3. Compute deduction allowed u.s.80 C (optional tax regime) from the following information:
LIP on his own life (sum assured Rs.1,00,000) (issued on 01.04.2011) 25,000
LIP on the life of his major married son (not dependent on A) 10,000
LIP on the life of daughter suffering from disability (sum assured
Rs.1,00,000; issued on 01.04.2018) 18,000
4. Mr.S, aged 67 years, furnishes the following particulars for the year ending 31.03.2024:
a. LIP paid – Rs.50,000, policy assured for Rs.2,00,000. Policy was taken in 2011.
b. Contribution to PPF – Rs.30,000 in the name of mother
c. Tuition fee payment – Rs.10,000 each for 3 daughters pursuing full time graduation course in
Chennai; Tuition fee for son pursuing MBA in a foreign university – Rs.1,00,000
d. Housing loan principal repayment – Rs.84,000 to HDFC Ltd. This property is under construction
at Chennai as on 31.03.2024
e. Principal repayment of housing loan taken from friend – Rs.50,000, property is self-occupied.
f. Deposit under Senior Citizen Savings Scheme – Rs.50,000
g. Deposits under Post Office Time Deposit Scheme (five years) – Rs.30,000
h. Investment in National Savings Certificate – Rs.30,000
i. Subscription to bonds issued by NABARD Rs.25,000
j. Term Deposits of Rs.1,50,000 with a Scheduled bank for a period of 5 years. This deposit was
pledged to avail education loan for his son. Compute deduction eligible u.s.80 C (OTR).
Sec. 80 CCD
5. The basic salary of Mr.A is Rs.1,00,000 p.m. He is entitled to dearness allowance, which is 40% of
basic salary. 50% of dearness allowance forms part of pay for retirement benefits. Both Mr.A and his
employer, ABC Ltd., contribute 15% of basic salary to the pension scheme referred to in section 80
CCD. Explain the tax treatment in respect of such contribution in the hands of Mr.A if he has
exercised the option of shifting out of the default tax regime provided u.s.115BAC(1A).
What would by your answer if Mr.A pays tax under the default tax regime under section 115BAC?
6. Mrs.Sheela, widow of Mr.Satish (who was an employee of M/s. XYZ Ltd.), received Rs.7 lakhs on
1.10.2023, being amount standing to the credit of Mr.Satish in his NPS Account, in respect of which
deduction has been allowed under section 80CCD to Mr.Satish in the earlier previous years. Such
amount received by her as a nominee on closure of the account is deemed to be her income for
A.Y.2024-25. State whether the statement is true or false.
7. Mr.D a salaried employee with HDFC Bank is a subscriber to a National Pension Scheme (NPS). The
accumulated balance in his NPS account as on 31.01.2024 is Rs.50 lakhs. Out of which Rs.30 lakhs
were contributed by his employer and the balance of Rs.20 lakhs is his own contribution. Compute
the taxable amount on withdrawal in the following situations:
a. On 29th February, 2024 he had opted out of the scheme and withdrew the entire amount of
Rs.50 lakhs;
b. On 29th February, 2024 he made a partial withdrawal of Rs.20 lakhs out of contribution made
by him to his NPS account.
49
Sec 80 D:
8. Mr.A, aged 40 years, paid medical insurance premium of Rs.20,000 during the previous year 2023-24
to insure his health as well as the health of his spouse. He also paid medical insurance premium of
Rs.47,000 during the year to insure the health of his father, aged 63 years, who is not dependent on
him. He contributed Rs.3,600 to Central Government Health Scheme during the year on his health.
He has incurred Rs.3,000 in cash on preventive health check-up of himself and his spouse and
Rs.4,000 by cheque on preventive health check-up of his father. Compute the deduction u.s.80D for
the A.Y.2024-25 if Mr.A has exercised the option of shifting out of the DTR u.s.115BAC(1A).
9. Mr.Y, aged 40 years furnishes the following information relating to premium on mediclaim policy
paid by cheque for the year ending 31.03.2024:
a. For self – Rs.15,000; b. for spouse, aged 37 years – Rs.7,000; c. for dependent father aged 63
years – Rs.52,000; d. for dependent mother-in-law, aged 57 years – Rs.5,000.
b. Cash paid for preventive health check up of self and spouse – Rs.6,000
Compute deduction u.s.80D. What would be your answer, in case the premium was paid in cash.
10. Mr.Y, aged 40 years, paid medical insurance premium of Rs.22,000 during the previous year 2023-24
to insure his health as well as the health of his spouse and dependent children. He also paid medical
insurance premium of Rs.33,000 during the year to insure the health of his mother, aged 67 years,
who is not dependent on him. He incurred medical expenditure of Rs.20,000 on his father, aged 71
years, who is not covered under mediclaim policy. His father is also not dependent upon him. He
contributed Rs.6,000 to Central Government Health Scheme. Compute the deduction u.s.80D for the
A.Y.2024-25 if Mr.Y has exercised the option of shifting out of the DTR u.s.115BAC(1A).
11. Mr.A (aged 63), a resident Indian, paid for himself through account payee cheque, health insurance
premium of Rs.2,10,000 for 5 years in one lump sum on 28.12.2023. The eligible amount of deduction
u.s.80D for A.Y.2024-25 would be Rs………………….
a. Rs.50,000 c. Rs.30,000
b.Rs.35000 d. Rs.42,000
12. Rajiv paid Rs.1,20,000 by cheque on 05.01.2024 towards medical insurance premium for his parents
who are senior citizens and not dependent on him. The premium was to provide health insurance
cover for 3 years. How much is deductible u.s.80D for the A.Y.2024-25?
a. Rs.40,000 c. Rs.25,000
b. Rs.30,000 d. Rs.50,000
13. Mr.Srivastav, aged 72 years, paid medical insurance premium of Rs.52,000 by cheque and Rs.4,000
by cash during May, 2023 under a Medical Insurance Scheme of the General Insurance Corporation.
The above sum was paid for insurance of his own health. He would be entitled to a deduction under
section 80D of a sum of:–
(a) Rs.30,000 (c) Rs.50,000
(b) Rs.52,000 (d) Rs.56,000
50
Section 80 DD:
14. Mr.X is a RESIDENT individual. He deposits a sum of Rs.50,000 with Life Insurance Corporation
every year for the maintenance of his disabled grandfather who is wholly dependent upon him. The
disability is one which comes under the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995. A copy of the certificate from the medical authority is
submitted. Compute the amount of deduction available u.s.80DD for A.Y.2024-25, if Mr.X has
exercised the option of shifting out of the default tax regime provided u.s.115BAC(1A).
What will be the deduction if Mr.X had made this deposit for his dependent father with severe
disability?
15. Examine the allowability of the following if the assesses have opted for optional tax regime:
(i) Rajan, a resident individual, has to pay to a hospital for treatment Rs.62,000 and spent nothing for
life insurance or for maintenance of dependent disabled.
(ii) Varun, a resident Indian, has spent nothing for treatment in the previous year and deposited
Rs.25,000 with LIC for maintenance of dependent disabled.
(iii) Hari, a resident individual, has incurred Rs.20,000 for treatment and Rs.25,000 was deposited
with LIC for maintenance of handicapped dependant.
Section 80 DDB:
16. Find out the amount of deduction under section 80DDB:
Expenditure incurred on
dependent mother 90,000 26,000 70,000 1,00,000 34,000
Section 80 E:
17. Mr.X has taken three education loans from a Bank on April 1, 2023. The details are below:
Find out the amount deductible u.s. 80 E for the A.Y. 2024-25 under optional tax regime.
51
Section 80EE:
18. Mr.A purchased a residential house property for self-occupation at a cost of Rs.45 lakh on 1.4.2017,
in respect of which he took a housing loan of Rs.35 lakh from Bank of India @ 11% p.a. on the same
date. The loan was sanctioned on 28th March, 2017. Compute the eligible deduction in respect of
interest on housing loan for A.Y. 2024-25 under the optional tax regime, assuming that the entire
loan was outstanding as on 31.3.2024 and he does not own any other house property.
19. The following are the particulars relating to Mr.A and Mr.B, salaried individuals for A.Y.2024-25:
Compute deduction u.s.80EEA for A.Y.2024-25 assuming no principal repayment is made under OTR.
20. In respect of loan of Rs.40 lakhs sanctioned by SBI in April, 2021 for purchase of residential house
intended for self-occupation, compute the interest deduction allowable for A.Y.2024-25 under
optional tax regime, assuming that the rate of interest is 8% p.a. and the loan sanctioned was 80% of
the stamp duty value of the property. Assume that entire loan is outstanding.
21. Mr.Ritvik has purchased his first house in Gwalior for self-occupation on 5.4.2021 for Rs.45 lakhs
(stamp duty value being the same) with bank loan sanctioned on 30.3.2021 and disbursed on
3.4.2021. He paid interest of Rs.3.8 lakhs during the P.Y.2023-24. What is the tax treatment of
interest paid by him under the optional tax regime?
Section 80EEB:
22. The following are the particulars relating to Mr.A and Mr.B, salaried individuals, for A.Y.2024-25:
Mr.A Mr.B
Amount of loan taken Rs.20 lakhs Rs.15 lakhs
Section 80 G:
23. Compute deduction u.s.80 G of the IT Act in respect of Mr.X for A.Y. 2024-25:
Income from salary (computed) Rs.8,00,000. No other income for the assessee.
Deduction eligible under section 80 C Rs.1,50,000
Interest paid on loan taken on 01.08.2021 from SBI for purchase of Electric vehicle Rs.1,72,000
24. Mr.Shiva made a donation of Rs.50,000 to PM Cares Fund and Rs.20,000 to PM Drought Relief Fund
by cheque. He made a cash donation of Rs.10,000 to a public charitable trust. The deduction
allowable to him under section 80G for A.Y.2024-25 is:
(a) Rs.80,000
(b) Rs.70,000
(c) Rs.60,000
(d) Rs.35,000
26. Mr.Suraj, an Indian citizen, gives the following details of his income and expenses for p. y. 23-24:
Compute the deduction u.s.80G allowable to him for A.Y.2024-25 under optional tax regime.
27. Mr.Shiva aged 58 years, has gross total income of Rs.7,75,000 comprising of income from salary and
house property. He has made the following payments and investments:
a. Premium paid to insure the life of his major daughter (policy taken on 1.4.2018) (assured
value Rs.1,80,000) – Rs.20,000.
b. Deposit in PPF Rs.1,00,000
c. LIC Pension Fund – Rs.60,000
d. Medical Insurance premium for self – Rs.12,000; spouse – Rs.14,000.
e. Donation to PM CARES fund – Rs.25,000 by way of cheque
f. Donation to Prime Minister’s Drought Relief Fund – Rs.25,000 by way of cheque
g. Donation to approved institution for promotion of family planning – Rs.40,000 by cheque.
h. Donation to a public charitable institution registered under 80G Rs.50,000 by cheque.
Compute the total income of Mr.Shiva for A.Y. 2024-25 if he exercises the option of shifting out of the
default tax regime provided under section 115BAC(1A).
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Section 80 GG:
28. X, a professional tax consultant, based at New Delhi furnishes the following:
Determine the amount of deduction under section 80 GG. Ignore default tax regime.
29. Mr.G (age 42), who is working in Delhi as a Manager of X Ltd. furnishes the following:
Income from salary (computed) Rs.5,64,000; Interest on bank fixed deposit Rs.10,000; Winning from
races (gross) Rs.7,000; He has taken on rent a furnished accommodation in Noida (UP) for which he
pays Rs.6,000 p.m. as rent. Mr.G is not in receipt of HRA from his employer.
Neither he, nor his wife, nor any minor child, owns any residential accommodation at Delhi or Noida.
However, his wife owns an accommodation in Bangalore, which she is claiming as self-occupied in
her assessment. Compute total income of Mr.G assuming he donates Rs.6,000 to PM CARES fund and
deposits Rs.20,000 in Suganya Samridhi Scheme. Ignore the provisions of default tax regime.
30. Mr.Anuj is a businessman whose total income (after allowing deduction under Chapter VI-A except
under section 80GG) for A.Y. 2024-25 is Rs.4,60,000. He does not own any house property and is
staying in a rented accommodation in Patna for a monthly rent of Rs.12,000. Deduction under
section 80GG for A.Y. 2024-25 is:
(a) Rs.98,000
(b) Rs.1,48,750
(c) Rs.1,08,000
(d) Rs.60,000
Section 80 GGB:
31. During the previous year 2023-24, ABC Ltd., an Indian company,
Contributed a sum of Rs.2,00,000 to an electoral trust by an account payee cheque; and
Incurred an expenditure of Rs.25,000 on advertisement in a souvenir of a political party
Is the company eligible for deduction in respect of such contribution/expenditure? If so, what is the
quantum of deduction? ABC Ltd. does not opt for section 115BAA/115BAB.
55
32. Mr.Ray, a resident individual, aged 37 years gives the following information with respect to various
loans taken by him from scheduled banks for various purposes:
1. A housing loan of Rs.36 lakhs taken on 15th March, 2022 for the purchase of a house to be
used for self-residence at a cost of Rs.47 lakhs. The stamp duty value of the house was Rs.42
lakhs at the time of purchase. Amount of repayment of loan during the previous year 2023-24
was:
a) Towards principal – Rs.1,25,000
b) Towards interest – Rs.3,65,000
2. A vehicle loan of Rs.16 lakhs taken on 31st October, 2022 for the purchase of electric vehicle
for personal use. Amount of repayment of loan during the previous year 2023-24 was:
a) Towards principal – Rs.75,000
b) Towards interest – Rs.1,90,000
3. Besides these loans, he has also paid a sum of Rs.15,000 to a political party as contribution.
The entire amount was paid in cash.
You are required to compute the amount of deduction(s) available to Mr.Ray under various
provisions of the Income-tax Act, of A.Y.2024-25 so that he gets the maximum benefits assuming that
he has opted for optional tax regime.
Section 80 JJAA:
33. X & Co. is a limited liability partnership (date of commencement of business May 1, 2023). It owns and
operates retail outlets in different parts of North India. During the previous year 2023-24, it appoints
the following persons:
All the above mentioned employees contribute towards recognized provident fund.
Determine the amount of deduction available u.s.80JJAA for the A.Y. 2024-25 under the following two
situations:
1. Turnover of X & Co. for previous year 2023-24 is Rs.6 crores and tax audit is applicable
2. Turnover of X & Co. for previous year 2023-24 is Rs.90 lakhs and tax audit is not applicable.
56
34. Mr.A has commenced the business of manufacture of computers on 1.4.2023. He employed 350 new
employees during the previous year 2023-24, the details of which are as follows:
The regular employees participate in provident fund while the casual employees do not.
Compute the deduction, if any, available to Mr.A for A.Y.2024-25, if the profits and gains derived from
manufacture of computers for that year is Rs.75 lakhs and total turnover is Rs.10.16 crores. What
would be your answer if Mr.A has commenced the business of manufacture of footwear on 1.4.2023?
Section 80QQB:
35. Mr.X, an author, received a lumpsum royalty of Rs.8,00,000 for assignment of interest in copyright to a
publisher. The book is covered by section 80QQB. Expenditure incurred for earning such royalty is
Rs.2,40,000. Compute deduction available u.s.80QQB for Mr.X for A.Y.2024-25.
36. Mr.Y, an author, received royalty of Rs.2,70,000 which is 18% on value of books sold. The book is
covered by section 80QQB. Expenditure incurred for earning such royalty is Rs.10,000. The royalty is
not a lumpsum payment. Compute deduction available u.s.80QQB for Mr.Y for A.Y.2024-25.
37. Mr.A received royalty of Rs.2,88,000 from a foreign country for a book authored by him, being a work of
literary nature. The rate of royalty is 18% of value of books. The expenditure incurred by him for
earning this royalty was Rs.40,000. The amount remitted to India till 30th September, 2024 is
Rs.2,30,000. Compute the amount includible in the gross total income of Mr.A and the amount of
deduction which he will be eligible for under section 80QQB. Ignore default tax regime.
Compute his total income for AY 2024-25. Ignore default tax regime.
40. Mr.Gurnam, aged 42 years, has salary income (computed) of Rs.5,50,000 for the previous year ended
31.03.2024. He has earned interest of Rs.14,500 on the saving bank account with State Bank of India
during the year. Compute the total income of Mr.Gurnam for the assessment year 2024-25 from the
following particulars assuming he has exercised the option of shifting out of the DTR:
(i) Life insurance premium paid to Birla Sun life Insurance in cash amounting to Rs.25,000 for
insurance of life of his dependent parents. The insurance policy was taken on 15.07.2020 and the
sum assured on life of his dependent parents is Rs.2,00,000.
(ii) Life insurance premium of Rs.19,500 paid on the life of his major son who is not dependent on
him. The sum assured on life is Rs.3,50,000 and the life insurance policy was taken on 30.3.2012.
(iii) Life insurance premium paid by cheque of Rs.22,500 for insurance of his life. The insurance
policy was taken on 08.09.2019 and the sum assured is Rs.2,00,000.
(iv) Premium of Rs.26,000 paid by cheque for health insurance of self and his wife. Rs.1,500 paid in
cash for his health check-up and Rs.4,500 paid in cheque for health check-up for his parents, who are
senior citizens.
(vi) Paid interest of Rs.6,500 on loan taken from bank for MBA course pursued by his daughter.
(vii) A sum of Rs.5,000 donated in cash to an institution approved for purpose of section 80G for
promoting family planning.
41. Examine the following statements with regard to the provisions of the Income-tax Act, 1961:
(i) During the financial year 2023-24, Mr.Amit paid interest on loan availed by him for his son’s
higher education. His son is already employed in a firm. Mr.Amit will get deduction u.s.80E.
(ii) Subscription to notified bonds of NABARD would qualify for deduction under section 80C.
(iv) Where an individual repays a sum of Rs.30,000 towards principal and Rs.14,000 as interest in
respect of loan taken from a bank for pursuing eligible higher studies, the deduction allowable under
section 80E is Rs.44,000 irrespective of the tax regime.
(v) Mr.Vishal, a Central Government employee, contributed Rs.50,000 towards Tier II account of
NPS. The same would be eligible for deduction u.s.80CCD. Is the statement true or false.
58
42. For A.Y. 2024-25, the GTI of Mr.Chaturvedi, a resident, was Rs.8,18,240 which includes LTCG of
Rs.2,45,000 taxable u.s.112 and STCG of Rs.58,000. The GTI also includes interest income of
Rs.12,000 from savings account with banks and Rs.40,000 interest on fixed deposits with banks.
Mr.Chaturvedi has invested in PPF Rs.1,20,000 and also paid a medical insurance premium
Rs.51,000. Mr.Chaturvedi also contributed Rs.50,000 to Public Charitable Trust eligible for deduction
u.s.80G by way of an account payee cheque. Compute the total income and tax thereon of
Mr.Chaturvedi, who is 70 years old as on 31.3.2024, in a tax efficient manner.
43. Mr.Rajmohan whose gross total income was Rs.6,40,000 for the financial year 2023-24 furnishes you
the following information:
44. Discuss with reason the quantum of deduction allowable under Chapter VI-A of the Income-tax Act,
1961 in respect of the following cases, ignore default tax regime.
a. Balu paid Rs.60,000 towards tuition fee for his brother’s son who is dependent on him.
b. Dinakar incurred Rs.70,000 towards cancer treatment of his mother (age 63).
c. Elango repaid Rs.30,000 of education loan and interest of Rs.12,000 taken from SBI for his
son’s engineering course in IIT, Kanpur.
d. Fathima borrowed Rs.25 lakhs for purchase of electric vehicle from SBI and repaid
Rs.2,00,000 towards loan and interest of Rs.1,70,000.
45. Compute the eligible deduction under Chapter VI-A for the A.Y. 2024-25 of Ms.Roma, aged 40 years,
who has a gross total income of Rs.15,00,000 for the A.Y. 2024-25 and has exercised the option of
shifting out of the default tax regime provided u.s.115BAC(1A). She provides the following
information about her investments during the P.Y. 2023-24:
Advance tax is payable by every person where the final tax payable after adjusting TDS is
Rs.10,000 or more. Advance payment of tax is also known as “Pay as you Earn” scheme.
The assessee is required to estimate his CURRENT INCOME for the year under various heads
and pay advance tax on due dates. However, in the case of, income by way of CAPITAL GAINS
and CASUAL INCOME, assessee is required to pay advance tax only after such income is earned.
Note: Tax paid before 31st March of the relevant previous year is called “Advance Tax”
e.g. tax paid between 01.04.2023 and 31.03.2024 shall be treated as advance tax paid for the
previous year 2023-24. Any tax paid after 31st March is called as Self-assessment tax.
Important: Tds credit can be taken only if it is deducted by the payer. If tax is not
deducted at source then no credit can be taken by the assessee.
1. Under DTR, whether the following assesses are liable to pay advance tax for AY 2024-25.
• Turnover of Mr.A Rs.2,50,00,000 (cash receipts are < 5% of total receipts). He has opted
for section 44 AD. When he is required to pay advance tax?
• Gross receipts of a Doctor Rs.74,00,000 (cash receipts are < 5% of total receipts). He has
opted for section 44ADA. When he is required to pay advance tax?
• Mr.A owns 7 heavy commercial vehicles and he has opted for section 44AE. When he is
required to pay advance tax?
• A senior citizen (resident) having pension income of Rs.3 lakhs and property income of
Rs.5 lakhs.
2. Mr.A, whose total sales is Rs.301 lakhs, declares profit of Rs.10 lakhs for the F.Y. 2023-24. He is
liable to pay advance tax:–
(a) in one installment
(b) in two installments
(c) in three installments
(d) in four installments
3. Mr.Raj (a non-resident and aged 65 years) is a retired person, earning rental income of Rs.50,000
per month from a property located in Delhi. He is residing in Canada. Apart from rental income,
he does not have any other source of income. Is he liable to pay advance tax (DTR) in India?
(a) Yes, he is liable to pay advance tax in India as he is a non-resident and his tax liability in
India exceeds Rs.10,000.
(b) No, he is not liable to pay advance tax in India as his tax liability in India is less than
Rs.10,000.
(c) No, he is not liable to pay advance tax in India as he has no income chargeable under the
head "Profits and gains of business or profession" and he is of the age of 65 years.
(d) Both (b) and (c)
4. The benefit of payment of advance tax in one installment on or before 15th March is available to
assessees computing profits on presumptive basis:—
(a) only under section 44AD
(b) under section 44AD and 44ADA
(c) under section 44AD and 44AE
(d) under section 44AD, 44ADA and 44AE
61
(a) Rs.2,20,000 + cess Rs.8,800 = Rs.2,28,800, being the tax payable on total Rs.12 Iakhs
(b) Rs.2,10,000 + cess Rs.8,400 = Rs.2,18,400, being the tax payable on lottery income of
Rs.7 Iakhs
(c) Rs.10,000 + cess Rs.400 = Rs.10,400, being the net tax payable on salary income, since
tax would have been deducted at source from lottery income.
(d) Nil
6. The following details are provided by Mr.P, an individual, for the assessment year 2024-25.
Total estimated tax payable Rs.2,00,000
TDS (estimated but not deducted) Rs.55,000
Determine the advance tax payable with their due dates for the assessment year 2024-2025.
7. The estimated Total Income of Mr.R is Rs.9,00,000 which includes Rs.1,00,000 on account of LTCG
on sale of jewellery earned on 26.09.2023. Compute the advance tax payable by R, assuming
Rs.11,000 has been deducted at source on other income. Ignore DTR.
8. Mr.K furnished the following information for the year ended 31.03.2024:
Income from business Rs.40,000
Lottery winnings (gross) Rs.6,00,000
Income by way of salary (computed) Rs.90,000
Loss from house property Rs.20,000
Compute his total income, tax liability and advance tax obligations under DTR.
note: Self-assessment tax paid before the due date and return submitted after due date:
If the entire amounts of taxes are paid before the due date of filing return, no interest
shall be charged for mere delay in filing the tax return.
62
note: Interest is to be calculated on the amount of tax due rounded off in multiples of
Rs.100 ignoring fraction. For eg. Tax due Rs.35730 or Rs.35,780; Interest will be
computed on Rs.35,700.
9. Taxable income of Mr.A for the year ending 31.03.2024 is Rs.15,00,000. Tax deducted at
source is Rs.46,000. Advance tax paid is Rs.50,000. Due date of filing return of income is 31st
July, 2024. Self-assessment tax including interest was paid on 25th September 2024 and
return was filed by Mr.A on the same day. Compute the interest payable u.s.234 A. Mr.A pays
tax as per the default tax regime.
Would your answer differ if he had paid the self-assessment tax on 25.07.2024 but filed his
return of income on 31.12.2024.
Interest u.s.234 B:
a. When interest is charged: Failure to pay advance tax (or) advance tax paid is less than
90% of the “assessed tax”.
b. Rate of Interest: 1% p.m. or part of a month of the tax due commencing from 1st
April of the relevant assessment year and ending till the entire
tax is paid.
10. Tax on total income of Mr.X for the previous year 2023-24 is Rs.4,80,000. Tax deducted at
source Rs.80,000. Compute interest under section 234B in the following situations if:
Interest u.s.234 C:
a. When interest is charged: If the installments paid are not proper (i.e. amount paid is less
than the installment due)
note: Interest u.s.234 C will be charged only up to 31st March of the relevant previous year.
Interest u.s.234 B will be charged from 1st of April of the relevant assessment year.
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Note: An assessee is required to pay first two installments of 15% and 45% of the
“assessed tax” in advance on the due dates. However, interest u.s.234C shall not be
charged if the assessee had paid atleast 12% and 36% of the “assessed tax”.
11. Original tax due Rs.1,00,000; Tax deducted at source Rs.40,000; Compute interest payable
under section 234C in the following situations if:
12. Mr.Jay having total income of Rs.8,70,000, did not pay any advance tax during the previous
year 23-24. He wishes to pay the whole of the tax, along with interest if any, on filing the
return in the month of July, 2024. What is the total tax which Mr.Jay has to deposit as self-
assessment tax along with interest, if he files the return on 29.07.2024? Assume he has
shifted out of default tax regime u.s.115BAC(1A).
13. Ms.Priya, aged 61 years, has total income of Rs.7,50,000 including income from profession, for
A.Y.24-25, and has paid advance tax of Rs.10,000 on 13.12.2023. She paid her taxes due and
has filed her return of income on 15.06.2024. Calculate the self-assessment tax payable and
the interest thereon u.s.234A, 234B and 234C, if any by Ms.Priya.
14. Mr.Mani, a resident individual, sold a plot of land on 20th March, 2024. Long term capital gain on
such sale amounted to Rs.7,00,000. Since he had no other income during the previous year 2023-
24, he did not pay any advance tax instalment. You are required to calculate the amount of
advance tax payable (under DTR) by Mr.Mani, if any.
Base your answer on the relevant provisions relating to the payment of advance tax on income
from capital gain and advise Mr.Mani suitably, so that the liability on late payment does not arise.
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194C Contract payment >Rs.30,000 or Rs.1 lakh 1% or 2% Nil for transport operators
194M Contract/Prof fee/Commn > Rs.50 lakhs 5% Applicable for non-audit cases
194N Cash withdrawal > 1 crore; > 20 lacs 2% or 5% By Banks, Post office or Co-op banks
194P Exemption from filing as applicable as applicable Specified senior citizen (75 years)
4. Failure to furnish PAN will attract higher rate of tds – Section 206AA.
Every person shall furnish his PAN to the person responsible for deducting such tax. In case there
is a failure to do so, tax shall be deducted at the HIGHER of the following rates:
Important:
If both sections are applicable (section 206AA and 206AB); the higher of the two rates shall apply.
Section 206AB is not applicable for section 192, 192A, 194B, 194BA, 194BB or 194N
Specified person:-
A person who has not filed his income-tax returns for last two previous years
and
the aggregate of tds and tcs is Rs.50,000 or more in each of these two previous years.
OTHER POINTS:
a. Tax shall be deducted only on business payments and not on personal payments
b. No TDS shall be made on payments made to Government, Banks
c. TDS is only on the INCOME portion excluding GST
Problems:
1. Mr.Y, an individual whose total sales in business during the year ending 31.03.2023 was Rs.7.20
crores, pays Rs.9 lakhs by cheque on 1.1.2024 to a contractor for construction of his business
premises in full and final settlement. Whether Y has to deduct tds?
2. SBI pays Rs.1,00,000 p.m. as rent to the Central Government for a building in which one of its
branches is situated. Whether SBI has to deduct tax at source?
3. Mrs.Rakshita, a Chartered Accountant has raised a fee bill on LMN Pvt. Ltd., for Rs.3,00,000 and in
addition, has charged separately GST of 18% i.e. Rs.54,000, the total amount of the bill being
Rs.3,54,000. The amount of tax to be deducted at source by LMN Pvt. Ltd. is:
Note: The employee can also declare his other incomes, if any, to the
employer for the purpose of tax deduction.
Note: No loss can be declared to the employer except loss from house
property.
4. Mr.A, the employer, pays gross salary including allowances and monetary perquisites amounting
to Rs.7,30,000 to his General Manager. Besides, the employer provides non-monetary perquisites
to him whose value is estimated at Rs.1,20,000. The General Manager is exercising the option to
shift out of the default tax regime and pay tax under the optional tax regime as per the normal
provisions of the Act. What is the tax implication in the hands of Mr.A, the employer and General
Manager, the employee?
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5. Mr.Sharma, an employee of M/s.ABC Ltd. since 10.04.2020 resigned on 31.03.2024 and withdrew
Rs.60,000 being the balance in his EPF account. State with reasons whether the provisions of
Chapter XVII-B are attracted and if so, what is the net amount receivable by Mr.Sharma? Would
your answer differ if the termination of employment was due to his ill health?
Note: “Time” deposits with (banks, post office or co-operative banks) are
required to deduct tax only if the interest exceeds Rs.40,000
(Rs.50,000 for senior citizen). “Time” deposits include “fixed”
deposits and “recurring” deposits.
6. Examine the TDS implications under section 194A in the cases mentioned hereunder:
On 1.10.2023, Mr.H made a six-month fixed deposit of Rs.10 lakhs @ 9% p.a. with ABC Co-
operative Bank. The fixed deposit matures on 31.03.2024.
On 1.6.2023, Mr.G made three nine month fixed deposit of Rs.3 lakh each carrying interest @ 9%
p.a. with ‘A’ Branch, ‘B’ Branch and ‘C’ Branch of SBI, a bank which has adopted CBS. The fixed
deposits mature on 29.02.2024.
On 1.10.2023, Mr.R started a 6 months recurring deposit of Rs.2,00,000 per month @ 8% p.a. with
PQR Bank. The recurring deposit matures on 31.03.2024 and interest amount is Rs.28,000.
7. Nathan Gramin Bank, which does not have core banking facility, has paid the following amounts as
interest to Mrs.H, a resident individual on 31.03.2024:
What is the amount of tax to be deducted at source? Will the answer differ, if the bank has core
banking facility?
8. A firm pays salary and interest on capital to its resident partners. The salary and interest paid fall
within the limits specified in section 40(b). Which of the following statements is true?
Note: In a case where the winnings are in kind, the person responsible for paying shall, before
releasing the winnings, ensure that tax has been paid in respect of the winnings.
9. X won the first prize in a lottery ticket on 15.01.2024 and the prize was a Car worth Rs.5 lakhs.
What is the procedure to be adopted before handing over the car to X?
10. A TV channel pays Rs.15,00,000 on 1.11.2023 as prize money to the winner of a quiz programme,
“who will become a millionaire”?
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3. Limit for deduction: Single contract exceeding Rs.30,000 or the aggregate of all the
contracts exceeds Rs.1,00,000 in a year
Explanation:
However, “WORK” does not include manufacturing or supplying a product according to the
requirement or specification of a customer by using material purchased from a person other than
such customer or associate of such customer. Such a contract is a contract for ‘sale’.
Note: Where any sum paid to the contractor by an individual and such sum is incurred
exclusively for PERSONAL PURPOSES, tax shall not be deducted at source.
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11. Godrej Ltd. gives cloth to Mr.X and asks Mr.X to stitch shirts as per the specifications given by
Godrej Ltd. Mr.X charges in his invoice Rs.200 per shirt for stitching 3,000 shirts and raises a bill
for Rs.6,00,000. Discuss whether Godrej Ltd. has to deduct tax at source.
12. By virtue of an agreement with a nationalized bank, a catering organization (a sole proprietary
concern) receives a sum of Rs.50,000 p.m. towards supply of food, water, snacks, etc, during office
hours to the employees of the bank.
13. ABC Ltd. makes the following payments to Mr.X, a contractor, for contract work during the
previous year 2023-24:
Rs.20,000 on 1.05.2023
Rs.25,000 on 1.08.2023
Rs.28,000 on 1.12.2023
On 1.3.2024, a payment of Rs.30,000 is due to Mr.X on account of a contract work. Discuss whether
ABC Ltd. is liable to deduct tax at source u.s.194 C from payments made to Mr.X.
14. State the concessions granted to transport operators in the context of cash payments u/s.40A(3)
and deduction of tax at source u/s.194C.
Note: ‘INCOME’ means: Amount received on maturity (-) total premium paid
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a. Mr.X, a resident, is due to receive Rs.4,50,000 on 31.3.2024, towards maturity proceeds of LIC
policy taken on 1.4.2021, for which the sum assured is Rs.4,00,000 and the annual premium is
Rs.1,25,000.
b. Mr.Y, a resident, is due to receive Rs.3,95,000 on 31.3.2024 on LIC policy taken on 31.03.2012,
for which the sum assured is Rs.3,50,000 and annual premium is Rs.26,100.
c. Mr.Z, a resident, is due to receive Rs.95,000 on 1.8.2023 towards maturity proceeds of LIC
policy taken on 1.8.2017 for which the sum assured is Rs.90,000. The annual premium was
Rs.10,000.
16. Mr.X, a resident, is due to receive Rs.4.50 lakhs on 31.3.2024, towards maturity proceeds of LIC
policy taken on 1.4.2021, for which the sum assured is Rs.4 lakhs and the annual premium is
Rs.1,25,000. Mr.Z, a resident, is due to receive Rs.95,000 on 1.8.2023 towards maturity proceeds
of LIC policy taken on 1.8.2017 for which the sum assured is Rs.90,000 and the annual premium is
Rs.10,000.
Limit for deduction: Rent exceeding Rs.2,40,000 p.a. for each co-owner
17. Mr.R sells his house property in Chennai as well as his agricultural land in rural area for a
consideration of Rs.60 lakhs and Rs.15 lakhs respectively to Mr.S on 1.8.2023. He purchased the
house property and land in 2022 for Rs.40 lakhs and Rs.10 lakhs respectively. The Stamp Duty
Value on the date of transfer was Rs.85 lakhs and Rs.20 lakhs. Determine the tax implications in
the hands of Mr.R and Mr.S and the TDS implications, assuming both are resident Indians.
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18. Param Construction Ltd. sells a flat to Mr.Mani for Rs.48 lakhs on 15.01.2024. The agreement to
sell provides that in addition, Mr.Mani has to pay maintenance charges (Rs.5,000 per month) for
24 months in advance, Rs.2,00,000 for car parking to be used exclusively by him and Rs.1,00,000
for club membership fees to Param Construction Ltd. before the flat is registered in the name of
Mr.Mani. The flat is registered on 30.03.2024. Is Mr.Mani required to deduct tax at source?
19. Mr.Ram acquired a house property at Chennai from Mr.Satyam, a resident, for a consideration of
Rs.85 lakhs, on 23.8.2023. On the same day, Mr. Ram made two separate transactions, thereby
acquiring an urban plot in Gwalior from Mr.Vipun, a resident, for a sum of Rs.50 lakhs and rural
agricultural land from Mr.Danish, a resident, for a consideration of Rs.75 lakhs. Which of the
following statements are correct assuming that in the consideration amounts as aforementioned
all the charges incidental to transfer of the immovable property are included?
(a) No tax deduction at source is required in respect of any of the three payments.
(b) TDS @ 1% is attracted on all the three payments.
(c) TDS @ 1% on Rs.85 lacs and Rs.50 lacs are attracted. No tds on payment of Rs.75 lacs
for acquisition of rural agricultural land
(d) TDS @ 1% on Rs.85 lacs is attracted. No tds on payments of Rs.50 lacs and Rs.75 lacs
Rate of tds: 5%
Limit: Rent should exceed Rs.50,000 per month or part of the month
Time of deduction: Last month of the previous year or the last month of tenancy, if
the property is vacated (whichever is earlier)
Important: The amount of tds shall not exceed last month rent.
Deposit of tds: Within 30 days from the end of the month. TAN not required.
20. Mr.A, a Chartered Accountant employed as CFO with Google India Ltd draws a salary of
Rs.5,00,000 p.m. He has taken on rent an independent house from Mr.B. Determine the amount of
TDS u.s.194-IB for the financial year 2023-24 under the following situations:
c. If the amount of rent is Rs.55,000 p.m. and Mr.A vacates the property by 31st July, 2023 and
Mr.B does not furnish PAN;
21. Mr.P is a professional who is responsible for paying Rs.2,00,000 as rent for use of building to
Mr.Harshit, a resident, for the month of February, 2024. The gross receipts of Mr.P are as under:
Whether Mr.P is responsible for deducting any tax at source from the rent of Rs.2,00,000 payable
to Mr.Harshit?
22. Mr.R, Mr.M and Mr.S, jointly owned a flat in Mathura, which was let out to Dr.Rajesh from
01.04.2023. The annual rent paid by Dr.Rajesh for the flat was Rs.5,40,000, credited equally to
each of their account. Mr.Rajesh approached his tax consultant to seek clarity in relation to
deduction of tax on payment of the rent. He informed his consultant that he occupied such flat for
his personal use and his receipts from his profession during the previous year 2022-23 was Rs.58
lakhs. As tax consultant, choose the correct answer:—
(a) No tax at source is required to be deducted since the rental payments are towards flat
occupied for personal purpose.
(b) Tax is required to be deducted at source since the rent payment exceeds Rs.2,40,000 and
Dr.Rajesh is an individual having gross receipts from profession exceeding Rs.50 lakh in the
preceding financial year.
(c) No tax is required to be deducted at source since the rent credited to each co-owner is less
than Rs.2,40,000.
(d) No tax is required to be deducted at source since Dr.Rajesh's gross receipts during the
preceding financial year were less than Rs.1 crore.
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2. Limit for deduction: Amount exceeding Rs.30,000 in aggregate in a year. The limit of
Rs.30,000 is applicable separately for each of the payments
mentioned above.
2% in case of:
a) fees for technical services; or
b) royalty in the nature of consideration for sale, distribution or
exhibition of cinematographic films; or
c) an assessee engaged ONLY in the business of call centre
services.
Important: Individuals and huf are required to deduct tax at source only if
Turnover or Sales or Gross receipts during the immediately
preceding financial year has exceeded Rs.1 crore in case of
business or Rs.50 lakhs in case of profession respectively.
Important: Where any sum paid by an individual and such sum is incurred
exclusively for PERSONAL PURPOSES of such individual, tax
shall not be deducted at source.
23. X Ltd credited Rs.28,000 towards fees for professional services and Rs.22,000 towards fees for
technical services to the account of ABC Ltd in its books of account on 6.9.2023. The total sum of
Rs.50,000 was paid by cheque to ABC Ltd on 18.12.2023. Examine whether tds is applicable.
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24. XYZ Ltd is a back office engaged as a call centre for ICICI with effect from 01.06.2023. During the
financial year 2023-24, ICICI has paid a sum of Rs.2 crores towards call centre services provided
by XYZ Ltd. Determine the amount of TDS u.s.194J. Would your answer differ if XYZ Ltd is also
engaged in the business of providing cab services to HDFC Ltd.
25. a) Mr.X paid fees of Rs.40,000 to Mr.Y, who is engaged only in the business of operation of call
centre on 15.12.2023. Tax is to be deducted by Mr.X @ of:—
(a) 10% (b) 1%
(b) 5% (d) 2%
b) XYZ Ltd paid non-compete fee to DEF Ltd for not marketing their products in North-Eastern
States Rs.10 lakhs. The non-compete agreement bars DEF Ltd for a period of 5 years ending
31.03.2029. State whether tds has to be deducted by XYZ Ltd on payment made to DEF Ltd.
Note: If the turnover of the assessee in his business exceeds Rs.1 crore
or gross receipts in his profession exceeds Rs.50 lacs during the
immediately preceding previous year 22-23 and such expenditure
is not a personal payment then Section 194C or Section 194J or
Section 194H shall be applicable.
26. Examine whether tds provisions would be attracted in the following cases, and if so, under which
section. Also specify the rate of tds applicable in each case.
Mr.GANESH, an individual carrying on retail business with turnover of Rs.2.5 crores in the
previous year 2022-23 made the following payments:
A. Contract payment for repair of residential house Rs.5 lakhs.
B. Payment of commission to Mr.Vinodh for business purpose Rs.80,000
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Mr.RAJESH, a wholesale trader whose turnover was 95 lakhs in P.Y.2022-23 made contract
payment for reconstruction of residential house Rs.20 lakhs in January, 2024; Rs.15 lakhs in
February, 2024 and Rs.20 lakhs in March, 2024.
Mr.SATISH, a salaried individual paid brokerage for buying a residential house in March, 2024
amounting to Rs.51 lakhs.
Important: For recipients who have not filed returns of income for last 3
years, the tds rate is 2% for cash withdrawal exceeding Rs.20
lakhs and 5% for cash withdrawals exceeding Rs.1 crore.
27. Mr.A has two bank accounts maintained with ICICI Bank and HDFC Bank. From 01.04.2023 till
31.03.2024, Mr.A withdrew the following amounts as cash from both the said accounts:
Compute the amount of tax to be deducted at source u.s.194N by HDFC Bank and ICICI Bank,
respectively, while making payment in cash to Mr.A.
28. Mr.Nihar maintains a Savings a/c and a Current a/c with Axis Bank Ltd. The details of
withdrawals on various dates during the previous year 2023-24 are as follows:
Mr.Nihar regularly files his return of income. Is Axis Bank Limited required to deduct tax at
source on the withdrawals made by Mr.Nihar during the p.y.23-24? If yes, what would the amount
of tax deducted at source?
Who should deduct: Specified Bank (pension and interest income received with the
same bank).
Limit and tds rates: Basic exemption limit and applicable slab rates (after chapter VIA
deductions and rebate u.s.87A)
29. Mr.Sharma, a resident Indian aged 77 years, gets pension of Rs.52,000 p.m. from the UP-State
Government. The same is credited to his savings account in SBI, Lucknow Branch. In addition, he
gets interest @ 8% on fixed deposit of Rs.20 lakh with the said bank. Out of the deposit of Rs.20
lakh, Rs.2 lakh represents five-year term deposit made by him on 1.4.2023. Interest on savings
bank credited to his SBI savings account for the P. Y.2023-24 is Rs.9,500.
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1) From the above facts, compute the total income and tax liability of Mr.Sharma for the A.Y.
2024-25, assuming that he has exercised the option of shifting out of DTR.
2) What would be the amount of tax deductible at source by SBI, assuming that the same is a
specified bank? Is Mr.Sharma required to file his return of income for A.Y.2024-25, if tax
deductible at source has been fully deducted? Examine.
3) Is Mr.Sharma required to file his return of income for A.Y. 2024-25, if the fixed deposit of
Rs.20 lakh was with Canara Bank instead of SBI, other facts remaining the same?
Who should deduct: “Buyer” of goods whose total sales, gross receipts or turnover
from business exceed Rs.10 crore during the F.Y. immediately
preceding the F.Y. in which the purchases are made.
Rate of tds: 0.1% of sum exceeding Rs.50 lakhs (5% if PAN not furnished)
Non-applicability of tds: a) if tds is deductible under any other provisions of this Act; or
b) if tcs is collectible u.s.206C, other than section 206C(1H)
c) if seller is a person whose income is exempt (e.g. u.s.10)
30. Mr.Gupta, a resident Indian, is in retail business and his turnover for f.y. 2022-23 was Rs.12 crores.
He regularly purchases goods from another resident, Mr.Agarwal, a wholesaler, and the aggregate
payments during the F.Y.2023-24 was Rs.95 lakhs (Rs.20 lakhs on 01.06.2023, Rs.25 lakhs on
12.08.2023, Rs.22 lakhs on 23.11.2023 and Rs.28 lakhs on 25.03.2024). Assume that the said
amounts were credited to Mr.Agarwal’s account in the books of Mr.Gupta on the same date.
Mr.Agarwal’s turnover for F.Y. 2022-23 was Rs.15 crores.
(1) Based on the above facts, examine the TDS/TCS implications, if any, under the IT Act, 1961
(2) Would your answer be different if Mr.Gupta’s turnover for F.Y. 2022-23 was 8 crores, all other
facts remaining the same?
(3) Would your answer to (1) and (2) change, if PAN has not been furnished by the buyer or seller,
as required?
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Note: Before providing such benefit or perquisite, ensure that tax has
been deducted in respect of such benefit or perquisite
31. Miss Tara, a resident individual aged 32 years, is a social media influencer. She makes videos
reviewing various electronic items and posts those video on social media. On 1st December 2023,
XYZ Ltd., an Indian company manufacturer of electronic cars gave her a brand new car having fair
market value of Rs.6 lakhs to promote on her social media page. She used that car for 7 months for
her personal purposes, recorded a video reviewing the car and then returned the car to the
company. You are required to discuss the applicable provisions in the Income-tax Act regarding the
deduction of tax at source in respect of such transaction.
32. A Ltd. is a pharmaceutical company in which public are substantially interested. It issued bonus
shares to all its shareholders. The company gives free samples of medicines to medical
practitioners.
B Ltd., trading in electronic goods, offers sales discount to its customers from the listed retail price.
B Ltd. also provides free air tickets to Bangkok to its dealers on achieving sales targets.
Are A Ltd. and B Ltd. required to deduct tax at source u.s.194R? If so, in respect of which
transactions? Assume that all transactions took place during the p. y. 2023-24 and the value of such
transaction(s) with each resident exceeds the prescribed threshold limit u.s.194R.
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a) A Ltd. is required to deduct tax at source on issue of bonus shares and distribution of free
samples of medicine. B Ltd. is required to deduct tax at source on sales discount to
customers and provision of free air tickets to dealers.
b) A Ltd. is required to deduct tax on distribution of free samples of medicine but not on issue
of bonus shares. B Ltd. is required to deduct tax at source on sales discount to customers
and provision of free air tickets to dealers.
c) A Ltd. is required to deduct tax on distribution of free samples of medicine but not on issue
of bonus shares. B Ltd. is required to deduct tax at source on provision of free air tickets to
dealers but not on sales discount to customers.
d) A Ltd. is required to deduct tax on distribution of free samples of medicine but not on issue
of bonus shares. B Ltd. is not required to deduct tax at source on sales discount to
customers and provision of free air tickets to dealers.
Additional Problems:
33. State with reasons, whether tax deduction at source provisions are applicable to the following
transactions and if so, the rate of tax deduction:
34. Ashwin doing textiles business furnishes you the following information:
State whether the provisions of tax deduction at source are attracted for the following expenses
incurred during the financial year 2023-24:
35. State the applicability of TDS provisions and TDS amount in the following cases:
36. State in brief the applicability of tax deduction at source provisions, the rate and the amount
of tax deduction in the following cases for the financial year 2023-24:
3. Winning from online gaming Rs.12,00,000 in the user account. Amount withdrawn from the
user account is Rs.7,00,000 on 31.12.2023 and balance Rs.5,00,000 available in the user
account as on 31.03.2024.
4. Rs.2,00,000 paid to Mr.A, resident Individual on 22.02.2024 by the State of Uttar Pradesh on
compulsory acquisition of his urban land.
37. Compute the amount of tds on the following payments made by M/s.S Ltd during the financial year
2023-24 as per the provisions of the Income-tax Act, 1961.
6. 01.01.2024 Fees paid to Mr.K Rs.25,000 who is a Director of S Ltd. Mr.K is not an
employee of S Ltd.
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38. Examine whether tax is required to be deducted at source from the following payments made by P
Ltd. if so, state the amount of tax to be deducted.
39. State in brief the applicability of tax deduction at source provisions, the rate and amount of tax
deduction in the following cases for the financial year 2023-24 under the Income-tax Act, 1961.
Assume that all payments are made to residents:
i. Sanjay, a resident individual, not deriving any income from business or profession makes
payments of Rs.12 lakh in January, 2024, Rs.20 lakh in February, 2024 and Rs.20 lakh in
March, 2024 to Mohan, a contractor for reconstruction of his residential house.
ii. ABC Ltd. makes the payment of Rs.1,50,000 to Ramlal, an individual transporter who owned
6 goods carriages throughout the previous year. He does not furnish his PAN.
40. State in brief the applicability of provisions of tax deduction at source, the rate and amount of tax
deduction in the following cases for the financial year 2023-24 under Income Tax Act, 1961.
Assume that all payments are made to residents:
i. Mr.Mahesh has paid Rs.6,00,000 on 05.10.2023 to M/s.Fresh Cold Storage Pvt. Ltd, for
preservation of fruits and vegetables. He is engaged in the wholesale business of fruits &
vegetable in India having turnover of Rs.3 Crores during the previous year 2022-23.
ii. Mr.Ramu, a salaried individual, has paid rent of Rs.60,000 per month to Mr.Shiva from 1st
July, 2023 to 31st March, 2024. Mr.Shiva has not furnished his PAN.
ii. Mr.K, deposited Rs.30 lakhs @ 10% p.a. with Dagru Co-operative Bank Ltd for one Year.
iii. Mr.Lakhpati got Rs.20,000 at 10th level of crossword after using life-line of phone a friend in
online crossword gaming.
iv. Mr.R, deposited Rs.1,00,000 @ 12% p.a. for half year in Growth Investment LLP.
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42. Briefly discuss the provisions of tax deducted at source in respect of the following payments:
i. Mr.Raju (a resident aged 54 years) has maintained two fixed deposits in two different
branches of BFG Bank of India (working on core banking solution). During the year 2023-
24, the bank paid Rs.32,000 and Rs.17,000 as interest on these fixed deposits.
ii. Mr.Avinash pays Rs.55,00,000 during F.Y. 2023-24 to Mr.Harsh, for supply of labour for
carrying out the construction work of his factory. During the PY 2022-23, Mr.Avinash was
not liable for tax audit under section 44AB.
43. Examine the TDS implications in the following cases, assuming that the deductees are residents and
having PAN which they have duly furnished to the respective deductors.
ii. A sum of Rs.42,000 has been credited as interest on recurring deposit by a banking company
to the account of Mr.Hasan (aged 63 years).
iii. Ms.Kaul won a lucky draw prize of Rs.21,000. The lucky draw was organized by M/s.
Maximus Retail Ltd. for its customer.
iv. Finance Bank Ltd. sanctioned and disbursed a loan of Rs.10 crores to Borrower Ltd. on
31.8.2023. Borrower Ltd. paid a sum of Rs.1,00,000 as service fee to Finance Bank Ltd. for
processing the loan application.
44. Examine TDS/TCS implications in case of following transactions, state the rate and amount to be
deducted, in case TDS/TCS is required to be deducted/collected.
i. M/s AG Pvt. Ltd. took a loan of Rs.50,00,000 from Mr.Haridas. It credited interest of
Rs.79,000 payable to Mr.Haridas during the previous year 2023-24. M/s AG Pvt. Ltd. is not
liable for tax audit during previous years 2022-23 and 2023-24.
ii. Mr.Prabhakar is due to receive Rs.6 lakh on 31.3.2024 towards maturity proceeds of LIC
policy taken on 1.4.2020, for which the sum assured is Rs.5 lakhs and the annual premium is
Rs.1,40,000.
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45. Examine the applicability of tax deduction at source provisions, the rate and amount of tax
deduction in the following cases for the financial year 2023-24:
(a) Gupta & Co. (firm) engaged in wholesale business, assigned a contract for construction of its
godown building to Mr.Ravi. The firm paid an aggregate of Rs.10,00,000 to Mr.Ravi during
the year.
(b) Y and Co. engaged in real estate business, conducted a lucky dip and gave a Maruti Car worth
Rs.5,00,000 to the prize winner
46. Examine whether TDS provisions would be attracted in the following cases, and if so, under which
section. Also specify the rate of TDS and amount required to be deducted at source as applicable in
each case. Assume that all payments are made to residents.
47. Mr.X, a salaried individual, pays rent of Rs.55,000 p.m. to Mr.Y from June, 2023. Is he required to
deduct tax at source? If so, when is he required to deduct tax? Also compute the amount of tax to
be deducted at source. Would your answer change if Mr.X vacated the premises on 31st December,
2023? Also, what would be your answer if Mr.Y does not provide his PAN to Mr.X?
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48. Discuss the liability of tax deduction at source under the Income-tax Act, 1961 in respect of the
following cases with reference to AY 2024-25:
a) ABC Ltd is a producer of natural gas. During the year it sold natural gas worth Rs.26,50,000 to
M/s.Deep Co. a partnership firm. It also incurred Rs.1,70,000 as freight for the transportation of
gas. It raised the invoice and clearly segregated the value as well as the transportation charges.
b) ABC LLP paid job charges to XYZ, a partnership firm for doing embroidery work on the fabric
supplied by the ABC LLP during the previous year 2023-24 as under:
49. Examine the applicability and the amount of TDS in the following cases for F.Y.2023-24:
a) S and Co. Ltd. paid Rs.25,000 to one of its Directors as sitting fees on 02.02.2024.
c) Mr.P, a resident Indian, dealing in hardware goods has a turnover of Rs.12 crores in the previous
year 2022-23. He purchased goods from Mr.Agarwal a resident seller, regularly in the course of his
business. The aggregate purchase made during the previous year 2023-24 on various dates is Rs.80
lakhs which are as under:
10.06.2023 Rs.25,00,000
20.08.2023 Rs.27,00,000
12.10.2023 Rs.28,00,000
He credited Mr.Agarwal’s account in the books of accounts on the same date and made the payment
on the 28.02.2024 Rs.80 lakhs. Mr.Agarwal’s turnover for the financial year 2022-23 is Rs.20
crores.
50. Discuss the liability of tax deduction at source under the Income-tax Act, 1961 in respect of the
following cases with reference to A.Y.2024-25 (State applicable provision and give brief reasons for
your answer, wherever applicable)
a. XYZ, a resident partnership firm is in retail business buying fabric material regularly from ABC,
a resident proprietorship firm. Details of transactions during P.Y.2023-24 are as given:
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XYZ achieved gross turnover of Rs.12 crore from the business during the financial year 2022-23
and gross business turnover for financial year 2023-24 turns out to be Rs.9 crore. Gross
business turnover of ABC for the financial year 2022-23 was Rs.6 crore.
b. MJ, a part-time director of ABC Pvt Ltd. was paid an amount of Rs.2,49,000 as commission on
sales (which was not in the nature of Salary) for the period 01.04.2023 to 31.03.2024.
c. Mr.Kumar, a resident senior citizen, aged 86 years, is a retired State Government employee. He
gets pension of Rs.72,000 p.m. He has his saving account with Bank of Baroda, a bank notified
by the Central Government u.s.194P, has received the interest on saving account Rs.15,000
during the P.Y. 2023-24. His pension is also credited in this account. In the same bank he has
deposited Rs.10 lakh in a Term Deposit @ 7% p.a. simple interest on 01.07.2023. He has no
other income. He has opted for optional tax regime. Discuss requirement of filing of income tax
return also. Nov. 2023
51. Ms.Aruna is a Chief Executive Officer of a multi-national company. She hires Mr.Suresh for supply
of her housing staff (like gardener, chefs and drivers, etc.) and makes the following payments to
him:
Rs.25,00,000/- on 10th August, 2023 and Rs.30,00,000 on 22nd November, 2023. Determine the
amount of tax to be deducted/collected at source, if any.
Would your answer be different, if Ms.Aruna is a business woman and her books are not audited in
immediately preceding financial year and payment to Mr.Suresh is for business purposes.
52. Determine the liability of deduction of tax at source u.s.194N by the bank/co-operative bank
in the following cases:
53. Mr.M is regular in deducting tax at source and depositing the same. In respect of the quarter ended
31st December, 2023 a sum of Rs.80,000 was deducted at source from the contractors. The
statement of tax deducted at source under section 200 was filed on 23rd March, 2024 for the
quarter ended 31.12.2023.
a. Is there any delay on the part of Mr.M in filing the statement of TDS?
b. How much amount can be levied on Mr.M for such default under section 234E?
Answer:
TDS return for quarter ending 31.12.2023 should be filed on or before 31.01.2024. The same was
filed on 23rd March, 2024. There is a delay of 51 days.
54. An amount of Rs.40,000 was paid to Mr.X on 01.07.2023 towards fees for professional services
without deduction of tax at source. Subsequently, another payment of Rs.50,000 was due to Mr.X
on 28.02.2024, from which tax @ 10% (amounting to Rs.9,000) on the entire amount of Rs.90,000
was deducted. However, this tax of Rs.9,000 was deposited only on 22.06.2024. Compute the
interest chargeable under section 201(1A).
Answer:
Interest on failure to deduct tds: 40,000 x 10% x 1% x 8 months = Rs.320
(01.07.2023 to 28.02.2024)
Interest on delay in depositing tds amount: 90,000 x 10% x 1.5% x 4 months = Rs.540
(28.02.2024 to 22.06.2024)
Total Interest payable = Rs.860
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1. Total turnover of Mr.Yin his business during the previous year 22-23 exceeded Rs.1 crore.
Hence,tds provisions are attracted for P.Y.2023-24. Mr.Yis required to deduct tax at source on the
payment made to the contractor u.s.194C.
2. Payments made to Government or Banks are not subject to tax deduction. Hence, SBI is not
required to deduct tax at source on payments made to Central Government.
Tax treatment:
In the hands of the employee: Tax on non-monetary perquisites paid by employer is a tax free perk
In the hands of the employer: Rs.64,090 paid by employer shall be disallowed while computing
PGBP u.s.40(a)(v).
5. Mr.Sharma has not completed continuous service of 5 years. Tdsu.s.192A @ 10%. Limit Rs.50,000
or more; Amount received by Mr.Sharma is Rs.54,000 (60,000 – 6,000). If the termination of
employment was due to ill health then amount received by Mr.Sharma is not subject to tds. He will
receive the entire amount of Rs.60,000.
6. a. Tax is required to be deducted u.s.194A @ 10% by the co-operative bank on the interest payment
if the amount of interest exceeds Rs.40,000. Interest amount Rs.45,000 (10 lakhs x 9% x 6/12).
Tds amount Rs.4,500.
b. Since the bank adopts core banking solutions, the aggregate amount of interest on fixed deposits
from all the branches of SBI should be considered for the limit. Total interest Rs.60,750
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(>Rs.40,000) from all the branches of SBI. Tax has to be deducted @ 10% on Rs.60,750; Rs.6,075
has to be deducted at source. (300000 x 9% x 9/12) x 3
c.‘Time Deposits’ also include ‘Recurring Deposits’.Limit Rs.40,000.No tax has to be deducted on
interest of Rs.28,000.
8. Option D.
9. Tax on casual income u.s.194B @ 30% if the amount of winnings exceed Rs.10,000. However, in
case where the winnings are in kind, the person responsible for paying shall, before releasing the
winnings, ensure that tax has been paid in respect of the winnings.Amount of tds Rs.1,50,000.
10. Section 194B; Limit Rs.10,000; Tds rate 30% with or without pan; Tds amount Rs.4,50,000
11. Godrej Ltd has to deduct tax u.s.194C. The material (cloth) is supplied by Godrej Ltd. Mr.X has to
do only the stitching job. Hence it is a ‘contract of work’. Tax will be deducted @ 1% on the
payment made, as the contractor is an individual. Tds amount Rs.6,000.
12. “Work” includes catering also. Hence tax is required to be deducted at source @ 1% on the
payment made u.s.194C. Tds Rs.500 p.m. (Rs.50,000 x 1%).
Liability to deduct tds u.s.194C arises at the time of payment or at the time of credit (whichever is
earlier).
14. Cash payment can be made upto Rs.35,000 without attracting disallowance u.s.40A(3). Payment
can be made without tds if the transport operator furnishes pan and gives a declaration that he
does not own more than 10 trucks. Section194C.
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16. Option B
B. Agricultural land in rural area is not a capital asset. Gift provisions are not applicable.
C. TDS provisions:
U/s.194IA tax has to be deducted at source @ 1% of purchase consideration or SDV
(whichever is higher). Tds @ 1% on Rs.85 lacs is Rs.85,000.
18. Section 194IA; Limit Rs.50 lacs or more; Tds rate is 1% on the entire consideration paid including
maintenance charges, car parking fees and club membership fees. Total consideration paid is
Rs.52,20,000 and tds @ 1% is Rs.52,200.
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19. Option C
20. Tds Rs.33,000 (55,000 x 12 x 5%) shall be deducted in the month of March, 2024
being the lastmonth of the previous year.
Tds Rs.55,000 (55,000 x 12 x 20% = Rs.1,32,000; but cannot exceed rent payable for the last
month)
Tds Rs.44,000 (55,000 x 4 x 20%) to be deducted at the time of vacating the property being July
2023.
Gross receipts of Mr.A from profession exceeds Rs.50 lakhs for the year ended 31.03.2023. Hence,
tax has to be deducted at source undersection 194I. TDS 10%.Tds amount (55,000 x 12 x 10%)
Rs.66,000. Exceeds limit of Rs.2,40,000.Tds to be deducted every month.
21. Option D; Section 194I is applicable. Does not exceed Rs.2,40,000; hence no tds
22. Option C; Section 194I is applicable. Does not exceed Rs.2,40,000 for each co-owner; hence no tds
23. Section 194J; Limit Rs.30,000 should be considered separately for each item. Fees for professional
services does not exceed Rs.30,000 and fees for technical services does not exceed Rs.30,000; tds
nil.
25. A. Option D – 2% B. under section 194J @ 10% on Rs.10 lacs Rs.1 lacs
26. Mr.Ganesh: The turnover in his business exceeded Rs.1 crore during the p.y.22-23. Hence,
Tds provisions are attracted for P.Y.23-24.
Section 194M: The aggregate amount exceeds Rs.50 lacs. Tds @ 5% on Rs.55 lacs: Rs.2,75,000
Dheeraj: Contract payment made during Oct-Nov. 2023 for reconstruction of res house:
Section 194C is not applicable as Mr.Dheeraj is a pensioner.
Section 194M: Amount does not exceed Rs.50 lacs. Hence no tds
27. Case A: Nil and Rs.40,000 (HDFC – nil and ICICI Rs.20 lacs x 2%)
Note: In case the assesse has not filed his income-tax returns for the last three years and the time
allowed for filing belated return has expired then tds u.s.194N will be as follows:
Note: In case the assesse has not filed his income-tax returns for the last three years and the time
allowed for filing belated return has expired then tds u.s.194N will be as follows:
Tds (100 lacs – 20 lacs) x 2% = Rs.1,60,000 + (60 lacs x 5%) = Rs.3 lacs Total tds: Rs.4,60,000
2. SBI, being a specified bank, is required to deduct tax at source u.s.194P and remit the same to
the Central Government. In such case, Mr.Sharma would not be required to file his return of income
u.s.139.
3. If the fixed deposit of Rs.20 lakhs is with a bank other than SBI, then, Mr.Sharma would not
qualify as a “specified senior citizen”, consequent to which SBI would not be liable to deduct tax
u.s.194P. In this case, Mr.Sharma would have to file his return of income u.s.139, since his total
income (without giving effect to deduction under Chapter VIA) exceeds the basic exemption limit.
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30. 1. Since Mr.Gupta’s turnover for F.Y.2022-23 exceeds Rs.10 crores and payments made by him to
Mr.Agarwal, a resident seller exceeds Rs.50 lakhs in the P.Y.2023-24, he is liable to deduct tax @
0.1% of Rs.45 lakhs (being the sum exceeding Rs.50 lakhs) in the following manner:-
No tax is to be deducted u.s.194Q on the payments made on 01.06.2023 and 12.08.2023, since the
aggregate payments till that date i.e. Rs.45 lakhs, has not exceeded the threshold of Rs.50 lakhs.
Tax of Rs.1,700 (i.e. 0.1% of Rs.17 lakhs) has to be deducted u.s.194Q from the payment/credit of
Rs.22 lakhs on 23.11.2023 (22 lakhs – 5 lakhs, being the balance unexhausted threshold limit).
Tax of Rs.2,800 (i.e. 0.1% of Rs.28 lakhs) has to be deducted u.s.194Q from the payment/credit of
Rs.28 lakhs on 25.03.2024.
NOTE: In this case, since both section 194Q and 206C(1H) applies, tax has to be deducted u.s.194Q.
2. If Mr.Gupta’s turnover for the F.Y.2022-23 was only Rs.8 crores, TDS provisions u.s.194Q would
not be attracted. However, TCS provisions u.s.206C(1H) would be attracted in the hands of
Mr.Agarwal, since his turnover exceeds Rs.10 crores in the F.Y. 2022-23 and his receipts from
Mr.Gupta exceed Rs.50 lakhs. (‘receipt’ basis)
No tax is to be collected u.s.206C(1H) on 01.06.2023 and 12.08.2023, since the aggregate receipts
till that date i.e. Rs.45 lakhs, has not exceeded the threshold of Rs.50 lakhs.
Tax of Rs.1,700 (i.e. 0.1% of Rs.17 lakhs) has to be collected u.s.206C(1H) on 23.11.2022 (22 lakhs –
5 lakhs, being the balance unexhausted threshold limit).
Tax of Rs.2,800 (i.e. 0.1% of Rs.28 lakhs) has to be collected u.s.206C(1H) on 25.03.2024.
3.In case (1), if PAN is not furnished by Mr.Agarwal to Mr.Gupta, then, Mr.Gupta has to deduct tax @
5%, instead of 0.1%. Accordingly, tax of Rs.85,000 (i.e. 5% of Rs.17 lakhs) and Rs.1,40,000 (5% of
Rs.28 lakhs) has to be deducted by Mr.Gupta u.s.194Q on 23.11.2023 and 25.03.2024 respectively.
In case (2), if PAN is not furnished by Mr.Gupta to Mr.Agarwal, the Mr.Agarwal has to collect tax @
1% instead of 0.1%. Accordingly, tax of Rs.17,000 (i.e. 1% of Rs.17 lakhs) and Rs.28,000 (1% of
Rs.28 lakhs) has to be collected by Mr.Agarwal u.s.206C(1H) on 23.11.2023 and on 25.03.2024,
respectively.
31. Since the car is returned to the company: No tds (not a benefit)
If the car is not returned but retained: Attracts tds (it is a benefit)
32. Option C
33. Section 194D; Limit Rs.15,000; Tds rate 5%; Tds amount Rs.2,500
Section 194A; Limit Rs.50,000; Tds rate 10%; Tds amount Rs.7,000
Discount to customers not subject to tds.
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34. Turnover during the immediately preceding previous year 22-23 exceeds Rs.1 crore. Hence, Tds
provisions are applicable for P.Y.2023-24; A.Y.2024-25.
b. Section 194C; Limit Rs.30,000 in case of a single contract or Rs.1,00,000 in case of all the
contracts during the year; Tds rate 1%; Tds amount Rs.340
d. Section 194H; Limit Rs.15,000; Tds rate 5%; Tds amount Rs.800
35. Section 194I; Limit Rs.2,40,000; Tds rate 2%; Tds amount Rs.5,600
TDS u.s.194J is not attracted since the payment is for personal purpose and tds u.s.194M is not
attracted as aggregate amount does not exceed Rs.50 lakhs.
Section 194J; Limit not specified; Tds rate 10%; Tds Rs.1,900
Section 194IA; Limit Rs.50 lakhs or more; Tds rate 1% on SDV; TdsRs.72,000
36. Section 194C; Limit Rs.30,000 or Rs.1,00,000; Tds rate 1%; Tds Rs.4,200 (420000 x 1%); Payment
or credit (whichever is earlier)
Section 194BB; Limit Rs.10,000; Tds rate 30%; Tds amount Rs.45,000
Section 194BA: Tds at the time of withdrawal on 31.12.2023 is Rs.2,10,000 and tds on the balance
Rs.5,00,000 in the user account at the end of the previous year on 31.03.2024 which is Rs.1,50,000.
Tds 30%.
Section 194LA; Limit Rs.2,50,000; Tds rate 10%; Tds amount nil
ii) Section 194C; PAN not furnished. Tds @ 20% on Rs.1,50,000 is Rs.30,000
40. i. Tds u.s.194I is not attracted as payment made to Fresh Cold Storage Pvt Ltd is not in the nature of
rent. It is cooling charges paid for preservation of fruits and vegetables. However,tds is required to
be deducted u.s.194C @ 2%. CBDT Circular.Tds amount (6 lacs x 2%) is Rs.12,000.
ii.Tds u.s.194IB; Limit should exceed Rs.50,000 p.m.; tds (60000 x 9 x 20%) Rs.1,08,000; but cannot
exceed Rs.60,000 being last month rent; PAN not furnished.Tds u.s.194IB is Rs.60,000
41. Section 194A; Limit Rs.50,000; Tds rate 10%; Tds amount Rs.5,100
Section 194A; Limit Rs.40,000 (co-operative bank); Tds rate 10%; Tds Rs.30,000 (3 lacs x 10%)
Section 194B; limit Rs.10,000; tds rate 30%; tds amount Rs.6,000
Section 194A; Limit Rs.5,000; Tds rate 10%; Tds amount Rs.600 (100000 x 12% x 6/12) x 10%
42. a) U.s.194A; Limit all the branches in aggregate Rs.40,000; tds rate 10%; tds amount Rs.4,900 (Total
interest Rs.49,000).
b) Section 194C is not applicable as turnover of Mr.Aduring the p.y.22-23 has not exceeded Rs.100
lakhs. Tds is attracted u.s.194M as payment > Rs.50 lacs. Tds @ 5% on Rs.55 lacs is Rs.2,75,000.
43. i. Section 192A; not taxable as termination was due to ill-health of Mr.Tandon
ii. Section 194A; Limit Rs.50,000 (senior citizen); tds rate 10% and tds amount Rs.0
iii. Section 194B; Limit Rs.10,000; tds rate 30% and tds amount Rs.6,300
iv. No tds on payment made to banks (Finance Bank Ltd).
v. Section 194IB; limit should exceed Rs.50,000 p.m. tds rate 5%; tds amount 156000 x 5% Rs.7800
44. i) Section 194A; Limit Rs.5,000; tds rate 10%; tds amount Rs.7,900. AG Pvt Ltd, being a company is
compulsorily required to comply with tds provisions whether or not subject to tax audit.
ii) Policy issued after 01.04.2012; 10% of sum assured is Rs.50,000 and premium paid is
Rs.1,40,000. Since premium paid > 10% of sum assured, tds is attracted. It is not exempt
u.s.10(10D). Tds @ 5% of income.Income is Rs.40,000 (6 lacs – 560000). Tds amount Rs.2000.
Maturity amount also exceeds Rs.1 lakh. Section 194DA.
45. i.Section 194C; Limit Rs.30000; tds rate is 1% and tds amount Rs.10,000. Tds provisions are
compulsory in the case of a firm whether or not turnover of P.Y.22-23 exceeded Rs.100 lakhs.
ii. Winnings in kind; Section 194B; Limit Rs.10,000 and tds rate is 30%; tds amount Rs.1,50,000.
Tax should be deposited with the Government and then the prize is to be released to the winner.
97
46. Mr.Kale: Section 194C is not applicable. Reason: being a personal payment. Section 194M is
therefore applicable. Exceeds Rs.50 lacs. Tds @ 5% on Rs.52,50,000 is Rs.2,62,500.
Mr.Rahul: Turnover of P.Y.22-23> Rs.100 lacs. Business payment (office godown).Tds u.s.194C @
1% on Rs.50 lacs is Rs.50,000.
Mr.Golu: Turnover of P.Y.22-23< Rs.100 lacs.. Section 194H is not applicable. Section 194M is not
applicable as the payment does not exceed Rs.50 lacs. Tds is nil
XYZ Urban Co-op Bank: Section 194N; (120 lacs – 100 lacs) x 2% is Rs.40,000
47. Rent paid by Mr.X exceeds Rs.50,000 p.m. Hence, he is required to deduct tax at source u.s.194IB.
Mr.X is required to deduct tds from the amount of rent payable in March, 2024. Amount of tds
Rs.27,500 (55,000 x 10 x 5%).
If Mr.X vacated the premises on 31.12.2023 then he is required to deduct tax from the amount of
rent payable in December, 2023. Tds Rs.19,250 (55,000 x 7 x 5%).
If Mr.Y does not provide his PAN to Mr.X, tax would be deductible @ 20% instead of 5%.Tax would
be Rs.1,10,000 (55,000 x 10 x 20%) but the same has to be restricted to Rs.55,000 being the rent for
March, 2024.Tds cannot exceed the amount of rent.
48. a) The seller of gas sells as well as transports the gas to the purchaser till the point of delivery,
where the ownership of gas to the purchaser is simultaneously transferred, the manner of raising
the sale bill, does not alter the basic nature of such contract which remains essentially a ‘contract of
sale’ and not a ‘works contract’. Hence no tds. CBDT Circular
Since the question is silent on the timing of the transfer of ownership of the gas to the purchaser, an
assumption that the ownership of the gas to the purchaser is transferred before its transportation
is possible. In such case, the transportation of gas after transfer of ownership may be considered as
a separate contract for transportation of gas i.e. ‘works contract’ u.s.194C, hence tds @ 2% has to be
deducted on Rs.1,70,000 i.e. Rs.3,400.
b)Job charges – contract of work. Section 194C – Single contract > Rs.30,000 or aggregate should >
Rs.1,00,000.
49. a)Section 194J; no exemption limit; tds rate 10%; tds amount Rs.2,500
b)Section 194LA; Limit Rs.2,50,000; tds rate 10%; tds amount Nil (does not exceed the limit)
c)Section 194Q is applicable as the turnover of Mr.P during the p.y.22-23> Rs.10 crores. Tds has to
be deducted @ 0.1% on the amount exceeding Rs.50 lakhs. Liability to deduct tax arises at the time
of credit or at the time of payment whichever is earlier. Tds Rs.3,000 (80 lacs – 50 lacs) x 0.1%
which shall be deducted as follows:
Note: Turnover of Mr.Agarwal during the p.y.22-23> Rs.10 crores. TCS u.s.206C(1H) is attracted @
0.1%. However, if both Section 194Q and Section 206C(1H) are attracted, tds shall be deducted
u.s.194Q.
50. a)XYZ is required to deduct tax at source since gross turnover of the financial year 22-23 had
exceeded Rs.10 crores. Tax has to be deducted u.s.194Q @ 0.1% on the amount of purchases
exceeding the limit of Rs.50 lakhs. Liability to deduct tds arises at the time of payment or at the
time of credit (whichever is earlier).
b) Director’s remuneration; tds u.s.194J; tds rate 10%; no exemption limit. Tds @ 10% on
Rs.2,49,000 is Rs.24,900.
Mr.Kumar is a specified senior citizen. He has no other income other than pension and interest
income. His pension income and interest income is credited in the same bank (Bank of Baroda).
BOB will act as specified bank and deduct tax from his income. As a result, filing of income tax
return is not required by Mr.Kumar.
51. Being a salaried employee, Section 194C is not attracted. She is however, required to deduct tax at
source u.s.194M in case the total payment exceeds the limit of Rs.50 lakhs. Tds rate is 5%. Tds
amount is Rs.2,75,000 (Rs.55 lakhs x 5%).
Mr.Pranav – Nil
i. Goods u.s.206C(1); or
ii. Services u.s.206C(1C); or
iii. a motor vehicle u.s.206C(1F); or
iv. Overseas remittance for education and other purposes u.s.206C(1G); or
v. Overseas remittance for tour package u.s.206C(1G); or
vi. Sale of goods above Rs.50 lacs u.s.206C(1H)
TCS liability: At the time of debit or at the time of receipt, whichever is earlier
Problem:
M/s.PMPC, a Partnership firm, is engaged in the manufacture of cardboard carton boxes used in
packaging industry. During the year, it has sold cutting waste generated amounting to Rs.30
lakhs to XYZ Ltd, a paper manufacturing company. XYZ Ltd uses such cutting waste purchased
as raw material for its production. Discuss the implication with respect to tcs.
Answer: A seller is required to collect tax @ 1% from the buyer on sale of scrap. However, tax
is not required to be collected at source if the resident buyer furnishes a declaration in the
prescribed form that such scrap is to be utilised for the purpose of manufacturing of any article
or thing. Hence no tcs.
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Section 206C (1C) provides for collection of tax by every person who grants a lease or a licence
or otherwise transfers any right or interest in any:
- parking lot or
- toll plaza or
- a mine or a quarry
to another person for the use of such parking lot or toll plaza or mine or quarry for the
purposes of business. The applicable TCS rate is 2%.(5% without PAN).
Problem:
State Government of TamilNadu grants a lease of coal mine to ABC Ltd., an Indian company, on
01.10.2023 and charged Rs.8 crores for the lease.
Answer:
Lease of Mine:State Government is required to collect tcs @ 2%. TCS is Rs.16 lakhs.
Problem:
KLS Ltd. gives a multilevel parking building in front of a shopping mall in Delhi to PQR Ltd. on a
lease of 90 years. PQR Ltd. is liable to pay Rs.3 crores as one time lease premium.
Answer:
Every person who grants a leasein respect of a “parking lot” to another person for the use of
such parking lot shall collect tax at source @ 2%. (5% if PAN not furnished). KLS Ltd shall
collect 2% of Rs.3 crores as tax from PQR Ltd.
MOTOR CAR - Section 206C(1F) provides that every person, being a seller, who receives
any amount as consideration for sale of a MOTOR VEHICLE of the value exceeding Rs.10 lakhs,
shall collect tax from the buyer @ 1% of the sale consideration.(5% without PAN).
a. TCS is applicable only at retail level and not on sale of motor vehicles by manufacturers
to dealers or distributors.
c. It is applicable on each sale of a Motor Vehicle and not on aggregate value of sale
during the year.
d. Provisions are applicable whether the payment is made in cash or by any other mode.
e. An individual,if his turnover in business exceeds Rs.1 croreor gross receipts exceeds
Rs.50 lakhs in profession in the immediately preceding financial year, is also liable to
collect tax at source @ 1% on sale of motor car by him.
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1. When a motor car is sold for Rs.12 lakhs by a dealer to a buyer holding PAN, the amount of tax
collectible at source shall be:
(a) Rs.12,000 (1%) (c) Rs.24,000 (2%)
(b) Rs.1,20,000 (10%) (d) Nil
2. What are clarifications made by CBDT with respect to Section 206C (1F) relating to the
following issues:
Answer:
i. It is applicable on sale of any motor vehicle (luxury or non-luxury)
iii. An individual, if his turnover in business exceeds Rs.1 crore or gross receipts in
profession exceeds Rs.50 lakhs in the immediately preceding financial year, is also liable
to collect tax at source @ 1% on sale of motor car by him.
iv. TCS is applicable only at retail level and not on sale of motor vehicles by manufacturers
to dealers or distributors.
IV.Other purposes (gift, investment Nil up to Rs.7 lakhs Nil up to Rs.7 lakhs
in shares, immovable property) 5% above Rs.7 lakhs 20% above Rs.7 lakhs
Note: TCS shall not be applicable if the buyer is liable to deduct tax at source.
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3. Explain the provisions of Tax Collection at source for overseas remittance by an authorized
dealer. Also enumerate the rate of tax to be collected and the amount on which no tax is to be
collected. Nov. 2023
Who will collect TCS: Seller from buyer provided the turnover of the seller
exceeded Rs.10 crores during the immediately preceding
previous year.
Section 206C(1H) not applicable: If TCS is collected u.s.206C(1); 206C(1F) and 206C(1G)
Without PAN: 5% 1%
b) TCS u.s.206C(1H) not be applicable if tcs is collected under any other section [(e.g. section
206C(1) or 206(1F)].
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4. Examine the following transactions with reference to applicability of the provision of tax
collected at source and the rate and amount of the TCS for the Assessment year 2024-25.
i. Mr.Kalpit bought an overseas tour programme package for Singapore for himself and
his family of Rs.5 lakhs on 01.11.2023 from an agent who is engaged in organizing
foreign tours in course of his business. He made the payment by an account payee
cheque and provided PAN to the seller. Assume Kalpit is not liable to deduct tax at
source under any other provisions of the Act.
ii. Mr.Anu doing business of textile as a proprietor. His turnover in the business is 11
crores in the previous year 2022-23. He received payment against sale of textile goods
from Mr.Ram Rs.75 lakhs against the sales made to him in the previous year and
preceding previous years. (Assuming all the sales are domestic sales and Mr.Ram is not
liable to deduct tax on the purchase from Mr.Anu).
Answer:
i)Under section206C(1G); tcs @ 5% on the amount collected by the seller. Amount of tcs (5
lacs x 5%) Rs.25,000. Up to 30.09.2023, tcs shall be 5% without any limit and from 01.10.2023
tcs rate shall be 5% till Rs.7 lakhs and 20% thereafter.
ii)Under section206C(1H); Turnover of Mr.Anu exceeded Rs.10 crores during the p.y.2022-23.
He is required to collect tax @ 0.1% on the amount received in excess of Rs.50 lacs from
Mr.Ram. Amount of tcs (75 lacs – 50 lacs) x 0.1% is Rs.2,500.
5. State Government of Madhya Pradesh grants a lease of coal mine to ABC Co. Ltd., an Indian
company, on 01.10.2023 and charged Rs.8 crores for the lease. ABC Co. Ltd. sold coal for Rs.2
crores to Mahapower Ltd., another Indian company, during the previous year 2023-24.
Mahapower Ltd furnishes a declaration to ABC Co. Ltd. that the coal is to be utilized for the
purpose of generation of power. The turnover of ABC Co. Ltd. and Mahapower Ltd. for the F.Y.
2022-23 amounted to Rs.11 crores and Rs.12 crores, respectively. What is the amount of tax
required to be deducted or collected at source in respect of the above transactions, if any?
Answer:
State Government of MP is required to collect tcs @ 2% on granting of lease of coal mine to ABC Co.
Ltd. TCS @ 2% on Rs.8 crores is Rs.16 lacs.
U/s.206C(1), tcs is required to be collected by ABC Co. Ltd. on sale of coal @ 1% on Rs.2 crores.
However, Mahapower Ltd has furnished a declaration to ABC Co. Ltd that the coal is to be utilized
for the purpose of generation of power. Hence, ABC Co. Ltd. shall not collect tax u.s.206C(1).
However, Mahapower Ltd (buyer turnover > Rs.10 crores during p.y. 22-23) is required to deduct
tds u.s.194Q @ 0.1% on the amount exceeding Rs.50 lacs. Amount of tds u.s.194Q is Rs.15,000
Since declaration is furnished by Mahapower Ltd, tcs is not required to be collected u.s.206C(1H).
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6. ABC Ltd., an Indian company, purchases coal from XYZ Ltd., another Indian company, for Rs.60
lakhs during the P.Y.2022-23, to manufacture steel. ABC Ltd. furnishes a declaration that such
coal is used to manufacture steel and not for trading. What are the TCS/TDS implications on
such transaction, if the purchases were spread evenly throughout the year and ABC Ltd.’s
annual turnover was ranging between Rs.12 crores and Rs.15 crores; and XYZ Ltd.’s annual
turnover was ranging between Rs.15 crores and Rs.20 crores in the last few years?
Answer: XYZ Ltd is required to collect 1% tax from ABC Ltd on sale of coal u.s.206C(1).
However, ABC Ltd furnishes a declaration that such is used for manufacturing purposes. Hence
XYZ Ltd is not required to collect tax from ABC Ltd u.s.206C(1).
Alternatively, ABC Ltd (buyer) is required to deduct tax at source u.s.194Q on purchases made
> Rs.50 lacs @ 0.1% (turnover of p.y. 2022-23 has > Rs.10 crores). Option C.
Since declaration is furnished by ABC Ltd, no tax shall be collected by XYZ Ltd u.s.206C(1H).
Hence, no tax shall be collected by XYZ Ltd both u.s.206C(1) and u.s.206C(1H).
b) XYZ Ltd. was incorporated on 1.4.2023 for trading goods. Its turnover for the P.Y. 2023-
24 is Rs.12 crores. During the P.Y.2023-24, it purchased goods from M/s. White Ride,
the details of which are as follows:
The above dates represent the date of credit to the account of M/s. White Ride.
Payment is made after one month (i.e., on the same date in the immediately following
month). M/s White Ride’s turnover for the F.Y. 2022-23 and F.Y. 2023-24 was Rs.11
crores and Rs.9.7 crores, respectively.
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Answer:
a) U/s.206C(1G), the tour operator is required to collect tax from the purchaser of
overseas tour package. Up to 30.09.2023, tcs shall be 5% without any limit and from
01.10.2023 tcs rate shall be 5% till Rs.7 lakhs and 20% thereafter.
CBDT Circular:Mr.Devansh, an Indian Citizen came to India and has stayed for 40 days
during the p.y.23-24. He is a non-resident for A.Y.2024-25. He has no income in India
for the p.y.2023-24. Hence, the tour operator is not required to collect tax from
Mr.Devansh.
b) Section 194Q is applicable only if turnover of XYZ Ltd (buyer) has exceeded Rs.10
crores during the immediately preceding f.y. 2022-23. Since XYZ Ltd was incorporated
on 01.04.2023, it is not required to deduct tax at source u.s.194Q. CBDT Circular.
TCS u.s.206C(1H) shall be applicable if the turnover of M/s.White Ride’s (seller) during
the immediately preceding f.y. 2022-23 has exceeded Rs.10 crores. Turnover was Rs.11
crores during the p.y. 2022-23 and therefore, tcs is attracted @ 0.1% on the amount
received (“receipt” basis) exceeding Rs.50 lakhs.
Higher rates of TCS for non-filers of income-tax return and non-furnishers of PAN
(Section 206CC and 206CCA)
Section 206CC: If PAN is not furnished: TCS will be twice the normal rates or 5% (1%
u.s.206C(1H) (whichever is higher). (maximumtcs rate shall not exceed
20%).
Section 206CCA: (non-filers of ITR): TCS from a “specified person” will be twice the normal
rates or 5% (whichever is higher). (maximumtcs rate shall not exceed
20%).
In case both the above sections are applicable, tcs will be the higher of the two rates provided
in section 206CC and section 206CCA.
Specified person:-
A person who has not filed his income-tax returns for last two previous years
and
the aggregate of tds and tcs is Rs.50,000 or more in each of these two previous years.
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Examples:
Important: In the above section 206C(1H), if a person has not furnished PAN and
also has not filed income-tax returns; highest of the two rates shall apply
(i.e. 1% or 5%) 5%.
8. Amin Co. (p) Ltd is a dealer of motor cars manufactured by Zeet Ltd. Amin Co. (P) Ltd paid
through banking channel Rs.110 lakhs to Zeet Ltd. for purchase of cars in January 2024. Of the
total motor cars so purchased, 4 motor cars cost Rs.11 lakhs each and 7 motor cars are for the
balance amount. Decide whether any TDS/TCS provisions will apply. Will your answer be
different if Amin Co. (P) Ltd. is not a dealer of motor cars and had acquired the same for the
purpose of plying cars on hire?
Answer:
If section 206C(1F) is not applicable then tds shall be deducted u.s.194Q by the buyer.
If section 194Q is not applicable then tcs shall be collected u.s.206C(1H) by the seller
B. If Amin Co (P) Ltd is not a dealer of motor cars but uses for plying cars on hire:
TCS u.s.206C(1F): cost of each car > Rs.10 lacs; tcs(11 lakhs x 4 x 1%) Rs.44,000
For the remaining 7 cars: TCS is nil (cost is < 10 lakhs each)u.s.206C(1F).
If section 206C(1F) is not applicable then tds shall be deducted u.s.194Q @ 0.1% on
Rs.16 lacs (i.e. 66 lacs – 50 lacs) by the buyer.
If section 194Q is not applicable then tcsu.s.206C(1H) @ 0.1% on the amount received
in excess of Rs.50 lakhsshall be collected by the seller.
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2. Every other person (individual or huf) is required to furnish return of income if his total
income without giving effect to:
a. has deposited an amount or aggregate of the amounts exceeding Rs.1 crore in one or
more current accounts maintained with a banking company or a co-operative bank; or
b. has incurred expenditure of an amount or aggregate of the amounts exceeding Rs.2 lakhs
for himself or any other person for travel to a foreign country; or
c. has incurred expenditure of an amount or aggregate of the amount exceeding Rs.1 lakh
towards consumption of electricity; or
d. if his total sales, turnover or gross receipts in business > Rs.60 lakhs during the previous
year or total gross receipts in profession > Rs.10 lakhs during the previous year; or
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e. if the aggregate of TDS and TCS during the previous year is Rs.25,000 or more (Rs.50,000
or more for senior citizen); or
f. Amount deposited in savings bank account is Rs.50 lakhs or more during the previous
year.
An individual, being a resident and ordinary resident in India, who is not required to furnish a
return under section 139(1) and who at any time during the previous year:
a) holds, as a BENEFICIAL OWNER, any asset (including financial interest in any entity)
located outside India or has signing authority in any account located outside India; or
b) is a BENEFICIARY of any asset (including financial interest in any entity) located outside
India,
shall furnish, on or before the due date, a return in respect of his income or loss for the
previous year.
b) ‘Beneficiary’ means an individual who derives benefit from the asset during the
previous year and the consideration for such asset has been provided by any person
other than such beneficiary.
Problems:
1. Mr.R furnishes the following particulars for the year ending 31.03.2024:
Income from other sources Rs.2,20,000; LTCG on sale of residential house Rs.72 lakhs
Exemption available u.s.54 Rs.72 lakhs
Examine whether Mr.R should file return of income for A.Y.2024-25.
2. Mr.A furnishes the following particulars for the year ending 31.03.2024:
Income from business Rs.3,30,000; Income from other sources Rs.10,000;
LTCG on sale of urban land Rs.24 lakhs. Amount invested in NHAI bonds Rs.23 lakhs
Deductions under Chapter VI A Rs.2,00,000.
Examine whether Mr.A should file return of income for A.Y.2024-25.
110
3. Mr.R has taxable income of Rs.1,75,000 during the p. y. 2023-24. He is required to file his IT
return only if:
4. Mr.Dinesh, a resident in India, has gross total income of Rs.2,30,000 comprising of interest on
saving A/c and rental income during the previous year 2023-24. He incurred expenditure of
Rs.2,00,000 for his son for a study tour to Europe. Whether he is required to file return of income
for the assessment year 2024-25? If yes, what is the due date?
5. In the following cases relating to P.Y.2023-24, the total income of the assessee or the total income
of any other person in respect of which he/she is assessable under Income-tax Act does not exceed
the basic exemption limit.
You are required to state with reasons, whether the assessee is still required to file the return of
income or loss for A.Y.2024-25 in each of the following independent situations:
i. Manish & Sons (HUF) sold a residential house on which there arose a long term
capital gain of Rs.12 lakhs which was invested in Capital Gain Bonds u/s.54EC so that
no long term capital gain was taxable.
ii. Mrs.Archana was born in Germany and married in India. Her residential status under
section 6(6) of the Income-tax Act. 1961 is 'resident and ordinarily resident'. She owns
a car in Germany which she uses for her personal purposes during her visit to her
parents' place in that country.
6. Mr.Y has a total income of Rs.4,50,000 for A.Y.2024-25. He furnishes his return of income for A.Y.
2024-25 on 2nd December, 2024. He is liable to pay fee of:– (a) Rs.1,000 u.s.234F (b) Rs.5,000 u.s.
234F (c) Rs.10,000 u.s. 234F (d) Not liable to pay any fee
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7. Mr. Z, a salaried individual, has a total income of Rs.8 lakhs for A.Y. 2024-25. He furnishes his
return of income for A.Y. 2024-25 on 28th August, 2024. He is liable to pay fee of:– (a) Rs.1,000
u.s.234F (b) Rs.5,000 u.s.234F (c) Rs.10,000 u.s.234F (d) Not liable to pay any fee.
Solution:
The statement is not correct. Mahesh is a resident and ordinary resident for A.Y.2024-25. He has
a house property and a bank account outside India. Hence, he is required to file return of income
for A.Y.2024-25 even if his total income is below the basic exemption (Rs.2,50,000/Rs.3,00,000).
9. Mr.Vikas, a resident in India aged 80 years, is having a house property in Mumbai. He has let out
the house property to ABC Ltd for a rent of Rs.50,000 per month from 01.04.2023. He does not
have any other source of income. Is Mr.Vikas required to file his return of income for A.Y.2024-25.
If yes, why?
10. Mr.Ravi, a resident Indian aged 52 years, gifted a sum of Rs.30 lakhs to his wife Mrs.Sudha on the
occasion of her 50th birthday. Out of the said sum, Mrs.Sudha purchased a car for Rs.29,52,000
inclusive of RTO charges of Rs.2,15,000, insurance of Rs.51,575, extended warranty of Rs.25,255
and accessories charges of Rs.35,460 during the P.Y. 2023-24. These charges were shown
separately in the invoice. Mrs.Sudha’s furnished her Aadhaar No. to the dealer.
She is a housewife and does not have any income except rental income of Rs.25,000 p.m. in respect
of a house property gifted to her by her father. Mr.Ravi is of the opinion that his wife is not
required to furnish return of income, since her total income does not exceed the basic exemption
limit. Examine.
11. A person other than a company or a firm who is otherwise not required to furnish the return of
income, needs to furnish return of income provided they fulfill certain conditions prescribed.
Enumerate.
Mr.A, who has only salary income for the p. y. 2023-24 (AY 2024-25) ought to have filed return of
income on or before 31.07.2024, being the time limit allowed u.s.139(1). In case if he has not
filed the return on or before 31.07.2024, he may file a belated return on or before 31.12.2024,
which is before three months prior to the end of the relevant assessment year. In case
assessment is completed by the A.O., say by 10.12.2024, the corresponding time limit for
furnishing belated return u.s.139(4) also concludes by 10.12.2024.
Note: a. A belated return can attract interest u.s.234A if there is any tax due
b. A belated return shall attract late fee
c. Losses cannot be carried forward
Revised return filed shall replace the original return for all purposes.
Note:
a. A revised return can be revised again.
b. A belated return can also be revised.
Problems:
12. Mr.Y filed a return of income on 28.11.2024 (belated return) for A.Y.24-25 returning a taxable income
of Rs.10,00,000. Later, on 01.12.2024 he filed a revised return declaring a reduced taxable income of
Rs.6,00,000. As on 01.12.2024 assessment order was not passed. Advise on the validity of the return?
Solution:
A belated return can also be revised. A revised return can be filed before three months prior to the end
of the relevant assessment year (i.e. before 31st December, 2024). A revised return was filed by the
assessee on 01.12.2024 reducing the taxable income to Rs.6,00,000. A revised return filed shall replace
the original return for all purposes. The return filed is a valid return in law.
13. Mr.V submits his return of income on 12.09.2024 for A.Y.2024-25 consisting of income under the head
house property and other sources. On 21.12.2024, he realized that he had not claimed deduction
u.s.80TTA in respect of his interest on savings bank account. He wants to revise his return of income.
Can he do so? Discuss. Would your answer be different if he discovered this omission on 21.01.2025?
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Solution:
Mr.V is not subject to Tax Audit. Due date for filing return of income for A.Y.2024-25 is 31st July, 2024.
A return furnished u.s.139(1) or a belated return u.s.139(4) can be revised. Therefore, Mr.V can revise
the return of income filed by him in November 2024, to claim deduction u.s.80TTA, since the time limit
for filing a revised return is before three months prior to the end of the relevant assessment year,
which is 31.12.2024.
However, he cannot revise his return of income had he discovered this omission only on 21.01.2025,
since it is beyond 31.12.2024.
14. Explain with brief reasons whether the return of income can be revised u.s.139(5) of the Income-
tax Act, 1961 in the following cases:
a. Belated return filed under section 139(4).
b. Return already revised once under section 139(5).
c. Return of loss filed under section 139(3). Sum no.2; page 8.13
Solution:
Any person who has furnished a return u.s.139(1) or 139(4) can file a revised return at any time
before three months prior to the end of the relevant assessment year or before completion of
assessment, whichever is earlier, if he discovers any omission or any wrong statement in the
return filed earlier. Accordingly,
(ii) A return revised earlier can be revised again as the first revised return replaces the original
return. Therefore, if the assessee discovers any omission or wrong statement in such a
revised return, he can furnish a second revised return within the prescribed time i.e. before
three months prior to the end of the relevant assessment year or before the completion of
assessment, whichever is earlier.
(iii) A return of loss filed u.s.139(3) is deemed to be return filed u.s.139(1), and therefore, can be
revised u.s.139(5).
15. Which of the following returns can be revised under section 139(5)?
(i) A return of income filed u/s 139(1)
(ii) A belated return of income filed u/s 139(4)
(iii) A return of loss filed u/s 139(3)
Updated return can be filed irrespective of whether the assesee has filed his return or not for
that Assessment Year. For e.g. For A.Y. 2021-22, an assessee can file an updated return before
31st March, 2024 voluntarily irrespective of whether he has filed his income tax return or not for
A.Y. 2021-22.
b) 50% of aggregate of tax and interest payable, if such return is furnished after the expiry of
12 months from the end of the relevant assessment year but before completion of the period of
24 months from the end of the relevant assessment year.
17. What is the time limit within which an updated return can be filed? Also enumerate the
circumstances in which updated return cannot be furnished? Nov. 2023
18. Mr.Sunil has filed his return of loss for A.Y.2023-24 on 31.7.2023 and received a total refund of
Rs.44,500. On 15.9.2024, he would like to furnish his updated return of income for additional
income. In case he furnished his updated return of income for additional income, he would be
liable to pay Rs.57,000 towards tax and Rs.6,700 towards interest for additional income to be
reported in updated return. Compute the additional income-tax payable by Mr.Sunil at the time of
filing his updated return.
(a) Rs.27,050
(b) Rs.15,925
(c) Rs.14,250
(d) Rs.31,850
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DEFECTIVE RETURN:
The A.O. may intimate the defect in the return of income to the assesse. The assesse may be
called upon to rectify the defect within 15 days from the date of intimation. The Assessing
Officer has the discretion to extend the time period beyond 15 days, on an application made by
the assessee.
If the return is not so rectified within 15 days or within the extended time, the AO shall treat
the return of income as an invalid return.
Where, however, the assessee rectifies the defect after the expiry of the period of 15 days or
within the extended period, but before assessment is made, the Assessing Officer can condone
the delay and treat the return as a valid return.
19. Due to some inconsistent information provided in the return of income furnished under section
139(1), the Assessing Officer considers it defective u.s.139(9) of the Income-tax Act, 1961.
(ii) How, the Assessing Officer would deal with the issue?
(iii) What are the consequences if defect is not rectified within the time allowed?
(iv) Specify the remedies available if not rectified within time allowed by the Assessing Officer?
Solution:
(i) Where the Assessing Officer considers that the return of income furnished by the assesse is
defective,
The Assessing Officer has the discretion to extend the time period beyond 15 days, on an
application made by the assesse.
(ii) If the defect is not rectified within the period of 15 days or such further extended period,
then, the return would be treated as an invalid return. The consequential effect would be
the same as if the assesse had failed to furnish the return.
(iii) The Assessing Officer has the power to condone the delay and treat the return as a valid
return, if the assesse has rectified the return after the expiry of 15 days or the further
extended period, but before the assessment is made.
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a. Every person whose total income or the total income of any other person in respect of which
he is assessable under this Act during any previous year exceeded basic exemption limit; or
b. Any person carrying business or profession whose turnover or gross receipts is likely to
exceed Rs.5,00,000 in any previous year; or
c. Every person, being a resident, other than an individual, which enters into a financial
transaction of an amount aggregating to Rs.2,50,000 or more in a financial year; or
d. Every person who is the managing director, director, partner, trustee, author, founder, karta,
chief executive officer, principal officer or office bearer of the person mentioned in (c) above
or any person competent to act on behalf of such person.
Rule 114BA: Should apply for PAN atleast 7 days before the date he intends to
deposit, withdraw, etc:
e. Every person, who intends to deposit cash in his one or more accounts with a bank or co-
operative bank or post office (Rs.20 lakhs or more during a financial year).
f. Every person, who intends to withdraw cash in his one or more accounts with a bank or co-
operative bank or post office (Rs.20 lakhs or more during a financial year).
g. Any person, who intends to open a current account or cash credit account with a bank or
a co-operative bank or a post office.
20. An individual client has consulted you on the matter of PAN. He is carrying on the business of sale
& purchase of electronic appliances. His turnover is Rs.3,00,000 and the profit is Rs.75,000 for the
P.Y. 2023-24. He has asked you to provide him threshold of turnover, if any, exceeding which he
has to apply for PAN.
f. Sale or purchase of any IMMOVABLE PROPERTY; Value or SDV exceeding Rs.10 lakhs
g. Sale or purchase of MOTOR VEHICLE other than a two wheeler (no minimum amount)
l. TIME DEPOSIT WITH a Bank or a Post Office or a Nidhi or a NBFC exceeding Rs.50,000 or
aggregate exceeding Rs.5 lakhs during a financial year
p. Sale or purchase of goods or services of any nature other than those specified above for an
amount exceeding Rs 2 lakhs per transaction.
21. Pertaining to the following transactions, what is the, minimum amount above which quoting of
Permanent Account Number is mandatory?
Solution:
a. Quoting of PAN is compulsory (no minimum amount specified)
b. Payment in CASH to hotels or restaurant if bill amount exceeds Rs.50,000 at one time
c. Payment in CASH exceeding Rs.50,000 in connection with travel to any foreign country.
d. Exceeding Rs.50,000
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e. Time deposit with a bank or a post office exceeding Rs.50,000 or aggregate exceeding Rs.5
lakhs during a financial year
f. Payment of life insurance premium exceeding Rs.50,000 in a year to an insurer
g. Applying for purchase of shares in an unlisted company exceeding Rs.1,00,000
h. Sale or purchase of any immovable property value exceeding Rs.10 lakhs
22. Mr.Aakash has undertaken certain transactions during the F.Y. 2023-24, which are listed below.
You are required to identify the transactions in respect of which quoting of PAN is mandatory
in the related documents:-
S.No. Transaction
1. Payment of life insurance premium of Rs.45,000 in the F.Y. 2023-24 by account payee
cheque to LIC for insuring life of self and spouse
2. Payment of Rs.1,00,000 to a five-star hotel for stay for 5 days with family, out of which
Rs.60,000 was paid in cash
3. Payment of Rs.80,000 by ECS through bank account for acquiring the debentures of A
Ltd., an Indian company
4. Payment of Rs.95,000 by account payee cheque to Thomas Cook for travel to Dubai for 3
days to visit relatives
5. Applied to SBI for issue of credit card.
Answer:
a) PAN is not mandatory as life insurance premium paid does not exceed Rs.50,000
b) PAN is mandatory as payment in cash exceeds Rs.50,000
c) PAN is mandatory as payment exceeds Rs.50,000
d) PAN is not mandatory as payment is not paid by cash
e) PAN is mandatory for issue of credit card.
23. In which of the following transactions, quoting of PAN is mandatory by the person entering into
the said transaction?
“Specified class or classes of persons” shall mean any person, other than
a) a company or
b) a person whose accounts are required to be audited u.s.44 AB or
c) whose accounts are required to be audited under any other law for the time being in
force
24. Mrs.H, an individual, engaged in the business of Beauty Parlour, has got her books of account for
the financial year ended on 31st March, 2024, audited u.s.44AB. Her total income for the A.Y.2024-
25 is Rs.6,35,000. She wants to furnish her return of income for A.Y. 2024-25 through a tax return
preparer. Can she do so? Sum no.3; page no.8.40
Solution:
Section 139B provides a scheme for submission of return of income for any assessment year
through a tax return preparer. However, it is not applicable to persons whose books of account
are required to be audited under section 44AB. Therefore, Mrs.H cannot furnish her return of
income for A.Y.2024-25 through a tax return preparer.
25. In the context of Tax Return Preparer scheme, 2006, explain the following:
Assessee Verified by
a. Individual the individual himself
When absent from India: the individual himself; or any person duly
authorized by him holding a valid power of
attorney from the individual
Where for any other reason he is not able to any person duly authorized by him holding
verify the return valid power of attorney from the individual
b. HUF Karta
Where Karta is absent from India or is Any other adult member (male or
mentally incapacitated female) of the family
Where company is not resident in India MD or any person who holds a valid POA
Problems:
26. Specify the persons who are authorized to sign the return of income.
a. Political Party c. Local Authority
b. AOP d. LLP
27. Where the Karta of an HUF is absent from India, the return of income can be signed by any male
member of the family. Give reasoning for the statement to be true or false.
Solution: Any other adult member of HUF, can sign the return of income. Thus a male member who is
not an adult cannot sign the return of income. An adult member, whether male or female, can sign the
return of income.
28. Mr.Kamal filed his Return of Income for the AY 2024-25 on 30.11.2024. Can he revise such return
of income?
Solution: Yes. A belated return can be revised. A revised return can be filed before three months
prior to the end of the relevant assessment year or before completion of assessment whichever is
earlier. In this case, he can file a revised return on or before 31.12.2024 assuming assessment is
not completed.
29. Explain the term “return of loss” under the Income-tax Act, 1961. Can any loss be carried forward
even if return of loss has not been filed as required?
Solution:
A return of loss is a return which shows certain losses. Section 80 provides that the losses
specified therein cannot be carried forward, unless such losses are determined in pursuance of
return filed under the provisions of section 139(3).
Section 139(3) states that to carry forward the losses specified therein, the return should be filed
within the time specified in section 139(1).
2. Mandatory quoting of Enrolment Id, where person does not have Aadhar Number:
If a person does not have Aadhar Number, he is required to quote Enrolment ID of Aadhar
application form in the application form for allotment of PAN or in the return of income
furnished by him. Enrolment ID means a 28 digit Enrolment Identification Number issued to a
resident at the time of enrolment.
5. The provisions of quoting Aadhar shall not apply in the following cases:
a. Individuals residing in the States of Assam, Jammu and Kashmir and Meghalaya;
b. Non-resident;
c. Very senior citizen;
d. Not a citizen of India.
30. Mr.A employed with B Pvt. Ltd. residing in Chennai, filed his return of income on 30th July. He has
no other income other than salary. He however has failed to link his aadhar with PAN as on
return filing date.
Solution:
a) On or before 31st March, 2022.
b) PAN will become inoperative if not linked before 31.03.2022. If aadhar is linked with PAN
on 31st August, 2022, Mr.A is required to pay a late fee of Rs.1,000 u.s.234H and PAN will
become operative within 30 days from the date aadhar was linked with PAN.
the assessee shall be liable to pay such tax together with interest and fees before furnishing the
return.
Additional problems:
31. Paras aged 55 years is resident of India. During the F.Y. 2023-24, interest of Rs.2,88,000 was credited
to his Non-resident (External) Account with SBI. Rs.30,000, being interest on fixed deposit with SBI,
was credited to his saving bank account during this period. He also earned Rs.3,000 as interest on this
saving account. Is Paras required to file return of income? What will be your answer, if he had
incurred Rs.3 lakhs as travel expenditure of self and spouse to US to stay with his married daughter for
some time? Sum no.1; page 8.8
Interest from NRE A/c is exempt u.s.10(4), assuming that Mr.Paras has been permitted by RBI to
maintain the aforesaid account.
Since the total income before giving effect to Chapter VI-A deductions is less than the basic
exemption limit of Rs.2,50,000, he is not required to file return of income for A.Y.2024-25.
If he has incurred expenditure of Rs.3 lakhs on foreign travel of self and spouse, he has to
mandatorily file his return of income on or before the due date u.s.139(1).
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32. Mr.Mukesh born on 1.4.1964 furnished his original return for Assessment Year 2024-25 on
30.07.2024. He has shown salary income of Rs.7.30 lakhs (computed) and interest from his
savings bank of Rs.12,700 and from his fixed deposits of Rs.43,000. He also claimed deduction
under section 80C of Rs.1.50 lakhs. He had claimed deduction u/s 80D of Rs.25,000. He also
claimed deduction u/s 8OTTA of Rs.10,000. His employer had deducted TDS of Rs.33,950 from his
salary, which he adjusted fully against tax payable. Ignore Default tax regime.
He paid health insurance premium of Rs.38,000 by account payee cheque for self and wife. He
paid Rs.1,500 in cash for his health check-up and Rs.4,000 by cheque for preventive health check-
up of his parents. He also paid medical insurance premium of Rs.33,000 during the year to insure
the health of his mother, aged 80 years, staying with his younger brother. He further incurred
medical expenditure of Rs.25,000 on his father, aged 81 years, who is staying with him. His father
is not covered under any Mediclaim policy.
He seeks your advice about possibility of revising his return and if possible file his revised return.
Analyze the above narrated facts as per applicable provisions of the Income-tax Act. 1961. Does
he need to revise his return and for what reasons? Please advise him suitably and if needed, re-
compute his income and tax payable or refund due for the Assessment Year 2024-25.
33. Mr.Hari aged 57 years is a resident of India. He provides you the following details of his incomes
pertaining to F.Y. 2023-24.
He seeks your advice on his liability to file return of income as per Income-tax Act, 1961 for the
Assessment Year 2024-25.
What will be your answer, if he has incurred Rs.4 lakhs on travel expenses of his newly married
son and daughter in law's honeymoon in Canada?
Interest from NRE A/c is exempt u.s.10(4), assuming that Mr.Hari has been permitted by RBI to
maintain the aforesaid account.
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Since the total income before giving effect to Chapter VI-A deductions is less than the basic
exemption limit of Rs.2,50,000, he is not required to file return of income for A.Y.2024-25.
If he has incurred expenditure of Rs.4 lakhs on foreign travel of his son and daughter in law, he has
to mandatorily file his return of income on or before the due date u.s.139(1).
34. Mrs.S is a US Citizen. She got married to Mr.R, an Indian citizen and resident of India, in the year
2017. Since then, she has been staying in India. She has a Bank account in US. She sold a
residential house in US and earned a long term capital gain of Rs.2 lakhs. She invested the whole
sale consideration in Capital Gain bonds u.s.54EC so that no long term capital gain is taxable. She
does not have any source of income in India during the P.Y.2023-24. Is she required to furnish her
return of income? If yes, can she furnish a belated return?
Solution:
Mrs.S is a resident and ordinary resident for A.Y.2024-25. Her taxable income without giving
effect to Section 54EC is Rs.2 lakhs (less than basic exemption limit). However, she has a bank
account in US. Hence, she is required to file her income tax return for A.Y.2024-25.
Amount of deduction: 100% of export profits for first five commencing from the year of
manufacture
“Export Turnover” means amount brought into India in convertible foreign exchange within
six months from the end of the previous year or within the time permitted by the RBI.
1. Mrs.V, a resident individual, is running a SEZ unit, as well as a unit in Domestic Tariff Area
(DTA). She furnishes the following details relating to the year ended 31.03.2024, pertaining to
these two units
(Rs. in lakhs)
DTA unit SEZ unit
Export turnover 100 1000
Total turnover 400 1100
Net profit 50 220
Compute the deduction available u/s.10AA assuming Mrs.V has opted for optional tax regime:
(i) When the SEZ unit had been set up on 12.03.2016; and
(ii) When the SEZ unit had been set up on 12.08.2020.
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2. Mr.Rudra has one unit at Special Economic Zone (SEZ) and other unit at Domestic Traffic Area
(DTA). The company provides the following details for the previous year 2023-24.
Proceeds from export sales in SEZ received in convertible foreign exchange by 30.09.2024 is
Rs.3,00,00,000. He has exercised the option of shifting out of the default tax regime. Calculate
the eligible deduction under section 10AA of the Income-tax Act, 1961, for the Assessment Year
2024-25, in the following situations:
i. If both the units were set up and start manufacturing from 22.05.2015
ii. If both the units were set up and start manufacturing from 14.05.2019
3. XYZ Ltd. has two units, one unit at Special Economic Zone (SEZ) and other unit at Domestic
Tariff Area (DTA). The unit in SEZ was set up and started manufacturing from 12.3.2015 and
unit in DTA from 15.6.2018. Total turnover of XYZ Ltd. and Unit in DTA is Rs.8,50,00,000 and
Rs.3,25,00,000, respectively. Export sales of unit in SEZ and DTA is Rs.2,50,00,000 and
Rs.1,25,00,000, respectively and net profit of Unit in SEZ and DTA is Rs.80,00,000 and
Rs.45,00,000, respectively.
XYZ Ltd. would be eligible for deduction under section 10AA for P.Y. 2023-24 for:-
(a) Rs.38,09,524
(b) Rs.19,04,762
(c) Rs.23,52,941
(d) Rs.11,76,471
4. Mr.Suraj (aged 48 years) furnishes the following particulars for the previous year 2023-24 in
respect of an industrial undertaking established in "Special Economic Zone" in March 2018. It
began manufacturing in April 2018.
Particulars (Rs.)
Total sales 85,00,000
Export sales [proceeds received in India] 45,00,000
Domestic sales; 40,00,000
Profit from the above undertaking 20,00,000
Export Sales of F.Y. of 2023-24 include freight and insurance of Rs.5 lacs for delivery of goods
outside India.
Based on the facts of the case scenario given above, choose the most appropriate answer to the
following questions:
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i. Compute the amount of deduction available u.s.10AA to Mr.Suraj for A.Y. 2024-25.
(a) Rs.10,00,000
(b) Rs.4,70,577
(c) Rs.5,62,500
(d) Rs.5,00,000
ii. Compute the amount of export turnover and total turnover for purpose of computing
deduction under section 10AA for A.Y. 2024-25.
(a) Rs.45,00,000 and Rs.85,00,000, respectively
(b) Rs.40,00,000 and Rs.80,00,000, respectively
(c) Rs.45,00,000 and Rs.80,00,000, respectively
(d) Rs.40,00,000 and Rs.85,00,000, respectively
5. A company has two units developing and exporting computer software. Unit A is in a special
economic zone and qualifies for exemption u.s.10AA. It furnishes the following information of
its 3rd year of operation ending on 31.03.2024:
Profit and Loss Account for the year ended 31.03.2024 (in lacs)
Unit A: Foreign exchange received into India by 30.09.2024 amounts to Rs.520 lakhs. Export
of Rs.600 lakhs includes insurance and freight of Rs.100 lakhs. Export realization of Rs.520
lakhs includes insurance and freight of Rs.70 lakhs. Compute for Unit A the amount of export
turnover and the total turnover for arriving at the deduction u.s.10AA.
Solution:
Total turnover:
Export turnover including insurance and freight: Rs.600 lacs
Less: Insurance and freight for delivery of goods outside India Rs.100 lacs
Rs.500 lacs
Domestic turnover: Rs.100 lacs
Total turnover Rs.600 lacs
Export turnover:
Amount of foreign exchanged received up to 30.09.2024 Rs.520 lacs
Less: Insurance and freight included in the above Rs.70 lacs
Export turnover Rs.450 lacs
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2. AMT provisions shall apply to any person who has claimed deduction under:
a. Section 10AA; or
b. Section 35AD; or
c. Section 80JJAA, Section 80QQB & Section 80RRB
3. AMT provisions are applicable for all assesses (individuals, huf, firms) except companies.
4. NO AMT: AMT provisions shall NOT apply to an Individual or HUF if the Adjusted Total
Income of such person does not exceed Rs.20 lakhs.
7. AMT CREDIT: Excess tax paid on account of AMT shall be carried forward as “AMT Credit” for
a period of 15 years and can be set off against future tax liability.
C. Tax liability shall be A (OTR) or B (DTR) whichever is more beneficial to the assessee
130
PROBLEMS:
1. Compute the tax payable by Mr.A & by Mr.B for A.Y.2024-25:
Also compute the amount of AMT credit to be carried forward. Ignore DTA.
2. Mr.R (age 62 years) furnishes the following information for the year ending 31.03.2024:
Compute:
(i) Total income and tax liability for AY 24-25 under the optional tax regime.
(ii) Total income and tax liability for AY 24-25 under the default tax regime.
(iii) Advice which is more beneficial.
3. Mr.X, an individual set up an unit in SEZ in the financial year 2019-20 for production of
washing machines. The unit fulfills all the conditions of Section 10AA.
During the financial year 2022-23, he has also set up a warehousing facility in a district of
Tamil Nadu for storage of agricultural produce. He fulfills all the conditions of Section 35AD.
Capital expenditure in respect of warehouse amounted to Rs.75 lakhs (including cost of land
Rs.10 lakhs), the payment of which has been made by an account payee bank draft. The
warehouse became operational with effect from 1st April, 2023 and the expenditure of Rs.75
lakhs was capitalized in the books on that date.
Compute:
(i) Total income and tax liability for AY 24-25 under the optional tax regime.
(ii) Total income and tax liability for AY 24-25 under the default tax regime.
(iii) Advice which is more beneficial.
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4. Mr.Uttam presents you following data related to his tax liability for A.Y. 2024-25:
5. Mr.Bhagat, an individual aged 50 years, set up a unit in Special Economic Zone (SEZ) in
F.Y.2018-19 for the production of computers. The unit fulfills all the conditions of section 10AA
of the Income-tax Act, 1961.
During F.Y.2022-23, he set up a hospital in a district of Maharashtra with 110 beds for patients.
It fulfills all the conditions of section 35AD. Capital expenditure in respect of the said hospital
amounted to Rs.65 lakhs (comprising of cost of land Rs.15 lakhs and the balance was the cost of
construction of building). The hospital became operational with effect from 1st April, 2023 and
the expenditure of Rs.65 lakhs was capitalized in the books of accounts on that date.
Compute:
(i) Total income and tax liability for AY 24-25 under the optional tax regime.
(ii) Total income and tax liability for AY 24-25 under the default tax regime.
(iii) Advice which is more beneficial. May 2023 – 7 marks
6. From the following particulars furnished by Mr.Suresh, aged 53 years, a resident Indian for the
previous year ended March 31, 2024, you are requested to compute his total income and tax
payable for the Assessment Year 2024-25 (Assuming optional tax regime).
a. He sold his vacant land on 09.12.2023 for Rs.15 lakhs. The Stamp Duty Value (SDV) of land
at the time of transfer was Rs.20.55 lakhs. The fmv. of the land as on 1st April, 2001 was Rs.6
lakhs (SDV is Rs.5 lakhs). This land was acquired by him on 05.08.1996 for Rs.3.40 lakhs. He
had incurred registration expenses of Rs.15,000 at that time. CII: 01-02 is 100 & 23-24 is 348.
132
b. He owns an industrial undertaking established in a Special Economic Zone (SEZ) and which
had commenced operation during the financial year 2020-21. Total turnover of the
undertaking was Rs.300 lakhs, which includes Rs.120 lakhs from export turnover. This
industrial undertaking fulfills all the conditions of section 10AA of the Income-tax Act, 1961.
Profit from this industrial undertaking is Rs.30 lakhs.
c. He has income of Rs.10,000 from crossword puzzles and Rs.15,000 gross interest from bank
fixed deposit.
d. Tuition fees of Rs.36,000 for his three children to a school. The fees being Rs.12,000 p.a. per
child.
Compute:
(i) Total income and tax liability for AY 24-25 under the optional tax regime.
(ii) Total income and tax liability for AY 24-25 under the default tax regime.
(iii) Advice which is more beneficial.
133
1. State with reasons in brief whether the following statements are true or false:
a. Mr. A, a member of a HUF, received ₹ 1,00,000 as his share from the income of the HUF. The
same is to be included in his chargeable income.
c. Interest on moneys standing to the credit of individual in his Non-resident (External) Account
(NRE A/c) is exempt from tax.
f. Maturity amount received from LIC is exempt but maturity amount received from keyman
insurance policy is taxable.
k. Pension received by the widow of the member of the armed forces, who died during the course
of operational duties is exempt from tax.
l. Exemption is available to a Sikkimese individual, only in respect of income from any source in
the State of Sikkim.
m. Income earned by a minor child is exempt up to Rs.1,500 u.s.10(32) under optional tax regime.
n. Agricultural land in urban area used for agricultural purposes by the assessee for 4 years was
compulsorily acquired by Government of India and compensation fixed by it Rs.25 lacs.
o. Lumpsum amount received by a senior citizen from a bank under Reverse Mortgage Scheme is
exempt from tax under section 10(43)
q. Allowances or perks paid by Government of India to an Indian citizen for rendering services
outside India is fully exempt.
134
Answer:
False: Share received by member out of the income of the HUF is exempt u.s.10(2)
True: Interest earned by a non-resident Indian in his NRE a/c with a bank is fully exempt
u.s.10(4)
True: Rs.3,500 in a single account and Rs.7,000 in a joint account is exempt u.s.10(15)
True: Maturity amount received from LIC shall be exempt from tax u.s.10(10D) provided the
premium paid does not exceed the prescribed %. Amount received from maturity of
keyman insurance policy is taxable either under the head ‘salaries’ or ‘PGBP’ or ‘IFOS’.
True: Any amount withdrawn from PPF shall be exempt from tax u.s.10(11)
True: The value of scholarship granted to meet the cost of education would be exempt from
tax. Section 10(16)
True: Daily allowance received by MP or MLA shall be fully exempt u.s.10(17). This exemption
is not available under the default tax regime.
True: Exempt from tax u.s.10(18). It includes pension received by an individual who has been
awarded ‘ParamVir Chakra’ or ‘MahaVir Chakra’ or ‘Vir Chakra’ (gallantry award).
False: Income from any source in the State of Sikkim, dividend income and interest on
securities is exempt in the hands of a Sikkimese individual. This exemption is not
available to a Sikkimese woman who, on or after 1st April, 2008, marries a non-
Sikkimese individual.Section 10(26AAA).
False: True. Such exemption is not available under the default tax regime.
However, in the case of a non-resident, the following shall NOT be treated as business
connection in India:
Problems:
1. Examine the tax implications of the following transactions for the A.Y.2024-25:
Ms.Juhi, a non-resident in India is engaged in operations which are confined to purchase of goods
in India for the purpose of export. She has earned Rs.2,50,000 during the previous year 2023-24.
Examine the tax implication.
Mr.James, a NRI, borrowed Rs.10,00,000 on 01.04.2023 from Mr.Akash who is also a non-resident
and invested such money in the debentures of an Indian Company. Mr.Akash has received interest
@ 12% per annum.
Mr.Naveen, a non-resident in India, has earned Rs.3,00,000 as royalty for a patent right made
available to Mr.Rakesh who is also a non-resident. Mr.Rakesh has utilized patent rights for
development of a product in India and 50% royalty is received in Indian and 50% outside India.
Answer:
Salary paid by GOI to an Mr.Rahul, an Indian citizen (non-resident),for rendering services
outside India is deemed to accrue or arise in India. Hence, taxable in the hands of Mr.Rahul.
However, allowances and perquisites paid/provided by the GOI is fully exempt from tax
u.s.10(7).
Not taxable:In case of a non-resident, NO income shall be deemed to accrue or arise in India to
her through or from operations which are confined to the purchase of goods in India for the
purpose of export. Hence, Rs.2,50,000 earned during the previous year 2023-24 shall not be
taxable in the hands of Ms.Juhi as it is NOT deemed to accrue or arise in India.
Not taxable, since interest payable by a non-resident to another non-resident would be deemed
to accrue or arise in India only if the borrowed fund is used for the purposes of business or
profession carried on by him in India. In this case, it is used for investing in debentures of
Indian company for earning interest and not for the purposes of business or profession. Hence,
it is not taxable in India.
2. Discuss the taxability of the following items in the hands of different persons briefly explaining the
applicable provisions of the Income-tax Act:
Mr.J, a non-resident is having a plot of land in Chennai. He sells this plot to another non-resident
outside India. The consideration is received outside India in foreign currency.
Mr.A is having a house property in India. The property is let out by him to a foreign company. The
rent agreement is entered outside India. Monthly rent is also received outside India.
137
Government of Rajasthan has borrowed money from ABC Express Bank, a foreign bank. The
interest payable to ABC Express bank is remitted outside India.
Mr.B, a citizen of India, is appointed by Reliable Industries Ltd. in their Dubai Branch. Mr.B is a
non-resident and receives salary outside India.
Answer:
Capital asset is located in India. Income is deemed to accrue or arise in India. Hence, taxable in
the hands of Mr.J.
House property is located in India. Hence, income is deemed to accrue or arise in India. Hence
taxable in the hands of Mr.A.
Interest paid by Government of Rajasthan on money borrowed from ABC Express Bank, is
deemed to accrue or arise from India. Hence, it is taxable in the hands of ABC Express Bank.
Services are rendered outside India and salary is also received outside India. Not deemed to
accrue or arise in India, hence not taxable in the hands of a non-resident.
3. Mr.Thomas, a non-resident and citizen of Japan entered into following transactions during the
previous year ended 31.03.2024. Examine the tax implications in the hands of Mr.Thomas for the
AY 2024-25 as per Income-tax Act, 1961. (Give brief reasoning)
(a) Interest received from Mr.Marshal, a non-resident outside India (the borrowed fund is used
by Mr.Marshal for investing in Indian company's debt fund for earning interest).
(b) Received Rs.10 lakhs in Japan from a business enterprise in India for granting license for
computer software (not hardware specific).
(c) He is also engaged in the business of running news agency and earned income of Rs.10
lakhs from collection of news and views in India for transmission outside India.
(d) He entered into an agreement with SKK & Co., a partnership firm for transfer of technical
documents and design and for providing services relating thereto, to set up a Denim Jeans
manufacturing plant, in Surat (India). He charged Rs.10 lakhs for these services from SKK
& Co.
Answer:
Not taxable, since interest payable by a non-resident to another non-resident would be deemed
to accrue or arise in India only if the borrowed fund is used for the purposes of business or
profession carried on by him in India. In this case, it is used for investing in Indian company’s
debt fund for earning interest and not for the purposes of business or profession. Hence, it is
not taxable in India.
Taxable:Consideration received for grant of license for computer software is Royalty. Hence,
the amount of Rs.10 lakhs payable by a resident (business enterprise in India) for grant of
license for computer software would be royalty which is deemed to accrue or arise in India in
the hands of Mr.Thomas, a non-resident, since it is for the purpose of business in India. Hence,
the royalty received is taxable in India in the hands of Mr.Thomas.
138
Not taxable:No income shall be deemed to accrue or arise in India to Mr.Thomas through or
from activities which are confined to the collection of news and views in India for transmission
out of India. Hence, Rs.10 lakhs is not taxable in India in the hands of Mr.Thomas.
Taxable:Fees for technical services paid for services utilized in India. Deemed to accrue or
arise in India. Hence, it is taxable in the hands of Mr.Thomas.
1. A non-resident purchases goods from India and sells these goods abroad.
7. Y Ltd., a non-resident, gets royalty from Z Ltd., a non-resident, outside India. Royalty is,
however, payable by Z Ltd. in relation to a business of manufacturing carried on by it in
India.
8. A Ltd., a non-resident, gets interest from B Ltd., an Indian company, outside India. The
capital was borrowed by B Ltd. for the purpose of a business carried on by it outside India.
10. D, a non-resident Indian, is presently appointed by an Indian company in its foreign branch
at Sudan. Salary is paid to him outside India in a foreign currency.
Answers:
1. Not taxable Not deemed to accrue or arise in India
2. Not taxable Not deemed to accrue or arise in India
3. Not taxable Not deemed to accrue or arise in India
4. Taxable Deemed to accrue or arise in India
5. Taxable Deemed to accrue or arise in India
6. Taxable Deemed to accrue or arise in India
7. Taxable Deemed to accrue or arise in India
8. Not taxable Not deemed to accrue or arise in India
9. Taxable Deemed to accrue or arise in India
10. Not taxable Not deemed to accrue or arise in India
139
Problems on computation of total income and tax liability under both tax regimes:
1. From the following particulars furnished by Mr.Ganesh, aged 58 years, a resident Indian for the
previous year ended 31.03.2024, you are requested to compute his total income and tax liability
under normal as well as special provisions (AMT), if any, applicable to him for A.Y. 2024-25.
i. He occupies ground floor of his residential building and has let out first floor for residential
use at Rs.2,28,000 p.a.Municipal taxes paid Rs.60,000 for the current financial year.
ii. He owns an industrial undertaking established in a SEZ which had commenced operations
during the financial year 2020-21. Total turnover of the undertaking was Rs.200 lakhs, which
includes Rs.140 lakhs from export turnover. This industrial undertaking fulfills all the
conditions of section 10AA of the IT Act, 1961. Profit from this industry is Rs.25 lakhs.
iii. He received royalty of Rs.2,88,000 from abroad for a book authored by him on the nature of
artistic. The rate of royalty is 18% of value of books and expenditure for earning this royalty
was Rs.40,000. The amount remitted to India till 30thSeptember, 2024 is Rs.2,30,000.
v. He also sold his vacant land on 10.11.2023 for Rs.12 lakhs. The stamp duty value of land at
the time of transfer was Rs.16.44 lakhs. The fmv of the land as on 01.04.2001 was Rs.4 lakhs.
This land was acquired by him on 05.08.1995 for Rs.1.80 lakhs. He had incurred registration
expenses of Rs.10,000 at that time. CII 2001-02 is 100 and 2023-24 is 348.
Compute:
(i) Total income and tax liability (including AMT) for AY 24-25 under optional tax regime.
(ii) Total income and tax liability for AY 24-25 under the default tax regime.
(iii) Advice which is more beneficial.
2. Mr.Arun is working as a Senior Manager in ABCD Bank, a listed commercial bank, in Delhi since
January 2008. Following are the details of his income for the previous year 2023-24:
Bank paid Rs.5,000 p.a. as premium on personal accident insurance policy taken for Mr. Arun.
The bank also allotted 2000 sweat equity shares to Mr.Arun in May 2023 @ Rs.1,300 per share. The
fmv of the share was Rs.1,500 on the date of exercise of option by Mr.Arun. He sold all the shares
for Rs.2,100 on 31.03.2024 on registered stock exchange. Assume stt.has been paid.
He transferred Rs.50,000 p.m. as rent, to the bank account of his mother, Mrs.Nirmal, who owned
the house (municipal valuation Rs.2 lakh) in which he stayed at Delhi.
He also owns a house property at Kanpur, whose municipal valuation is Rs.2,60,000 p.a. The fair
rent is Rs.2,20,000 p.a. and the standard rent fixed by the Rent Control Act is Rs.2,40,000 p.a. The
property was let out for a rent of Rs.22,000 p.m. throughout the previous year. He also paid
municipal taxes @ 10% of MV. of the house at Kanpur during the previous year.
He has a son Aditya, aged 12 years having PAN, who is earning interest on a fixed deposit created by
his late grandfather (Mr.Arun's father) in his name. Gross interest credited by the bank during the
year amounted to Rs.43,750.
He received the following gifts from his friends and relatives during the P.Y. 2023-24:
2. Gold chain from friend worth Rs.70,000
3. LED TV set from colleagues on completing 15 years in Bank Rs.1,00,000
4. Rs.51,000 in cash from married sister of wife.
Compute Mr.Arun's total income and the gross tax liability for the A.Y. 2024-25 in a manner
most beneficial to him.
3. Ms.Aanchal aged 40 years is an advocate (Taxation). She keeps her books of accounts on cash basis.
Her profit & loss account for the year ended on March 31, 2024 is as follows:
Profit and Loss Account for the year ending March 31, 2024
Other information:
Gifts represent fair market value of an ‘iPhone 14 pro', which was given by one of her clients for
successful presentation of case in the Income Tax Appellate Tribunal.
Administrative expenses include Rs.50,000 paid to a tax consultant in cash for assisting Ms.Aanchal
in one of the professional assignments.
The travelling expenses include expenditure incurred on foreign professional tour of Rs.50,000
which was within the RBI norms.
Ms.Aanchal paid medical insurance premium for her parents (senior citizens and not dependent on
her) online amounting Rs.47,000. She also paid Rs.8,500 by cash towards preventive health check-
up for herself and her spouse.
Repairs and maintenance of car include Rs.25,000 for the period from 1.10.2023 to 30.09.2024.
She has paid Rs.1,00,000 towards advance tax during the P.Y. 2023-24.
Compute Total Income and Net Tax Payable as per the most beneficial taxation scheme for
Ms.Aanchal for the A.Y. 2024-25.
4. Mr.Kamal, having business of manufacturing of consumer items and other products, gives the
following Trading and Profit & Loss Account for the year ended 31.03.2024:
Bonus to staff includes an amount of Rs.7,500 relating to P.Y. 2022-23, paid in the month of
December 2023.
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Advertisement expenses include an amount of Rs.2,500 paid for advertisement published in the
souvenir issued by a political party. The payment is made by way of an account payee cheque.
Goods and Services Tax demand paid includes an amount of Rs.5,300 charged as penalty for
delayed filing of returns and Rs.12,750 towards interest for delay in deposit of tax.
Mr.Kamal had purchased a warehouse building of Rs.20 lakhs in rural area for the purpose of
storage of agricultural produce. This was made available for use from 15.07.2023 and the income
from this activity is credited in the Profit and Loss account under the head "Warehousing charges".
Interest on loans includes an amount of Rs.80,000 paid to Mr.X, a resident, on which tax was not
deducted.Compute the total income and tax liability of Mr.Kamal for the A.Y. 2024-25 in a most
beneficial manner.
Solution: PGBP Rs.29,79,050; Income from specified business Rs.2,50,000; Section 35AD Rs.20
lacs; PGBP (total) Rs.32,29,050; Sum no.9; Page no.141 in our material – volume 1.
5. Dr.Rohan, 82 years old resident surgeon, having his Nursing Home in Mumbai, gives the following
particulars for the year ended on 31.03.2024.
Receipts Payments
Opening balance 1,25,000 Salary to Staff 3,50,000
Fees from visits to other Taxes & Insurance 26,000
hospitals (net) 5,85,000 Entertainment expenses 1,10,000
Fees for March, 2023recd Purchase of television 48,000
in April, 2023 Gift to daughter in law 60,000
IPD 40,000 Interest on loan for
OPD 45,000 85,000 repairs to property 65,000
Gift received from relatives Personal medical exps 70,000
of patients 45,000 Deposits in PPF 55,000
Dividend from shares (net) 18,900 Nursing home expenses 3,75,000
Fees received during the year 10,25,000 Prof. fees paid for
Honorarium for painting consulting services 1,20,000
in Jai Hind Art School (net) 22,500 Purchase of furniture
Income tax refund (including at home 1,35,000
interest of Rs.1,500) 12,100 Personal expenses 3,00,000
Balance c/f 2,04,500
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a) He keeps his books of accounts on cash basis and has not opted for the provisions of section 44ADA.
b) Salary includes Rs.60,000 paid to his sister who is a qualified nurse paid in cash.
c) Entertainment expenses include Rs.25,000 for dinner to doctors in a five star hotel.
d) Interest on loan for repairs to property includes Rs.40,000 for his residential property.
e) His daughter in law earned income of Rs.10,000 from the amount received as gift.
g) Television purchased for nursing home purpose on 21.09.2023 is put to use on 03.10.2023.
1. Compute the total income and tax payable by him for AY 2024-25 as per the regular
provisions of the Income-tax Act, 1961. Assume that he has opted for optional tax regime.
2. What will be his total income and tax payable, if he opts for the provisions of section
44ADA? Will it be more beneficial for him to adopt 44ADA?
Solution 5: PGBP Rs.7,88,800; Sum no.8; Page no.140 in our material – volume 1.
PGBP as per section 44ADA is Rs.9,02,500.
She provides the following additional information those were not considered while making the
profit and loss account for the previous year 2023-24.
Depreciation has not been debited to profit and loss account. The details of the plant & machinery
employed in the business are given as under:
She does not have any other fixed asset employed in the business.
Received subsidy of 20% on new machine purchased on 03.07.2023 during the previous year under
technology upgradation fund scheme from the Central Government.
She paid a job charges for the value addition on the fabrics Rs.90,000 without deduction of tax to
job worker by an account payee cheque.
Commission paid to one agent allowed as deduction in earlier assessment year amounting Rs.
50,000 has now been received back during previous year 2023-24, from the agent due to
settlement with commission agent.
Incurred loss of Rs.1,17,500 from an eligible transaction carried out in respect of trading in
derivatives in a recognised stock exchange.
Interest received amounting Rs.2,00,000, duly authorised by partnership deed of M/s.Ramji textiles
@ 15% p.a. on the capital employed. She is sleeping partner in the Ramji textiles.
She received Rs.60,000 by pre-mature withdrawals from deposit including interest Rs.5,000, in post
office time deposit, eligible for deduction under Section 80C.
She sold her gold bracelet (jewellery), used by her for personal purposes, on 01.05.2023 for
Rs.6,18,400, which was acquired for Rs.45,200 on 01.03.2005. A diamond was embedded onto
bracelet on 01.05.2007 of Rs.51,600. (CII: 2004-05:113; 2007-08:129 and 2023-24: 348)
She received a gold coin (bullion) worth Rs.55,000 (FMV) from her cousin (daughter of uncle)
during the previous year 2023-24.
She incurred long term loss from sale of shares of an Indian company. (STT is paid on the sale and
purchase of the shares) Rs.75,000.
She deposited a sum of Rs.50,000 with LIC of India every year for the maintenance of her mother
aged 70 years dependent upon him and suffering from severe disability.
She purchased the new residential house during the previous year and paid stamp duty and
registration fee Rs.1,55,000 to get transfer the property in her name.
You are required to compute the total income and tax payable by Mrs.Nisha for A.Y. 2024-25.
(Ignore the provisions of Default Tax Regime). Give brief note wherever necessary.
Solution 6: PGBP Rs.3,27,500; Sum no.11; Page no.143 in our material – volume 1.
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7. Mr.Krishna (aged 65 years), a furniture manufacturer, reported a profit of Rs.5,64,44,700 for the
previous year 2023-24 after debiting/crediting the following items:
Debits:
• Rs.20,000 paid to a Gurudwara registered u/s.80 G of the Income-tax Act, in cash where no
cheques are accepted.
• Interest paid Rs.1,67,000 on loan taken for purchase of E-vehicle on 15.05.2023 from a
bank. The E-vehicle was purchased for the personal use of his wife.
• His firm has purchased timber under a forest lease of Rs.20,00,000 for the purpose of
business.
Credits:
• Income of Rs.4,00,000 from royalty on patent registered under the Patent Act received from
different resident clients. No TDS was needed to be deducted by any of the clients.
• He received Rs.3,00,000 from a debtor which was written off as bad in the year 2019-20.
Amount due from the debtor (which was written off as bad) was Rs.5,00,000, out of which
tax officer had only allowed Rs.3,00,000 as deduction in computing the total income for
assessment year 2020-21.
• He sold some furniture to his brother for Rs.7,00,000. The fair market value of such
furniture was Rs.9,00,000.
Other information:
Mr.Krishna purchased a new car of Rs.12,00,000 on 1stSeptember, 2023 and the same was
put to use in the business on the same day. No depreciation for the same has been taken on
car in the books of account.
Mr.Krishna had sold a house on 30thMarch, 2021 and deposited the long term capital gains
of Rs.25,00,000 in capital gain account scheme by the due date of filing return of income for
that year. On 1stMarch, 2024, he sold another house property in which he resided for Rs.1
crore. He earned a long term capital gain of Rs.50,00,000 on sale of this property. On
25thMarch,2024, he withdrew money out of his capital gain account and invested Rs.1crore
on construction of one house.
Mr.Krishna also made the following payments during the previous year 2023-24: Lump-
sum premium of Rs.30,000 paid on 30thMarch, 2024, for the medical policy taken for self
and spouse. The policy shall be effective for five years i.e. from 30thMarch, 2024 to 29th
March, 2029.Rs.8,000 paid in cash for preventive health check-up of self and spouse.
Compute total income and tax payable by Mr.Krishnaunder optional tax regime for
assessment year 2024-25. Ignore provisions of Alternative Minimum Tax.
Solution 7: PGBP Rs.5,58,51,700; Sum no.13; Page no.145 in our material – volume 1.
146
8. Mr.Pramod, a resident aged 55 years, is a retail trader; furnishes the following for AY 2024-25:
Trading and Profit and Loss Account for the year ended on 31.03.2024:
All the sales are by account payee cheque or through bank transfers
The opening and closing stocks have been over valued by Rs.15,000 and Rs.20,000 respectively
Rates and taxes include GST liability of Rs.5,000 paid on 01.05.2024 and municipal taxes for let out
property Rs.7,000
Administrative expenses include Rs.25,000 paid as donation to National Childrens Fund and a
payment for laptop purchased on 15.05.2023 for Rs.60,000 through bank transfer.
He incurred a loss of Rs.8,000 on sale of equity shares on 10.02.2024, which were purchased on
10.06.2023.
He deposited Rs.50,000 in PPF a/c and has paid life insurance premium of Rs.60,000
He paid interest of Rs.70,000 on loan availed in FY 2018-19 for higher education of his wife.
Compute the total income and the income tax payable by Mr.Pramod for AY 2024-25 if,
(i) The business profit is computed as per normal provisions under DTR
(ii) He opts to compute business profit under presumptive taxation u.s.44AD and opts for
optional tax regime.
(iii) The business profit is computed as per normal provisions of Income-tax Act and he opts
for optional tax regime.