Taxation
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PAPER – 3: TAXATION
QUESTIONS
Case scenario
Sagar LLP is an LLP unit set up in Special Economic Zone (SEZ) in the financial year
2018-19 for manufacture of textiles. The unit fulfils all the conditions under section
10AA of the Income-tax Act, 1961. The details of this unit for the financial year
2023-24 are given:
Particulars `
Profits of unit located in SEZ 58,00,000
Export sales of above unit received in India in convertible 1,00,00,000
foreign exchange on or before 30.9.2024
Domestic sales of above unit 60,00,000
Sagar LLP has three partners, Mr. Ram, Mr. Shyam and Mr. Ganesh. Mr. Ram
and Mr. Shyam are working partners while Mr. Ganesh is a non-working
partner. All the three partners are receiving remuneration of ` 1 lakh per
month from the LLP which is already debited to the profits and loss account of
the LLP.
Apart from this, Mr. Ganesh was employed in XYZ Ltd. till 30.9.2023 and
having a salary of ` 80,000 per month. He resigned then and decided to start
his own business. He set up a warehousing facility in Pune for storage of
agricultural produce, fulfilling the conditions for claim of deduction under
section 35AD. Capital expenditure in respect of warehouse amounted to
` 90 lakhs (including cost of land ` 30 lakhs) was incurred during the
P.Y. 2023-24. The warehouse became operational with effect from 1st
December 2023. The profit from operation of warehousing facility (before
considering deduction under section 35AD) during the F.Y. 2023-24 is
` 1,10,00,000.
He pays lumpsum premium of ` 90,000 towards health insurance for self and
his wife (age 43 years) for 36 months on 01.10.2023 by account payee cheque.
He also contributes ` 1,50,000 towards PPF.
From the information given above, choose the most appropriate answer to
the following questions –
1. What is the amount of remuneration allowable as deduction to the LLP
for A.Y.2024-25 under the head “Profits and gains of business or
profession”?
(a) ` 36.00 lakhs
(b) ` 57.30 lakhs
(c) ` 35.70 lakhs
(d) ` 24.00 lakhs
2. What is the amount of deduction available under section 10AA to Sagar
LLP and under section 35AD to Mr. Ganesh while computing income
under the regular provisions of the Income-tax Act, 1961 for
A.Y.2024-25?
(a) ` 36.25 lakhs and ` 60 lakhs, respectively
(1) Long term capital gain on sale of shares of Shama India Ltd., a
listed Indian company, amounting to ` 1,12,000. The sale proceeds
were credited to his bank account in UK.
(2) Dividend amounting to ` 40,000 (gross) received from RIL Ltd., an
Indian company. He had borrowed money from Mr. Abhay, a non-
resident Indian, for the above-mentioned investment on 2nd April,
2023. Interest on the borrowed money for the P.Y. 2023-24
amounted to ` 10,000.
(3) Interest on post office saving bank account amounting to ` 9,500.
Mr. Akshay has shifted out of the default tax regime and wants to pay
tax under normal provisions of the Act.
7. Mr. Rohan, an employee of ABC Ltd. is posted at Mumbai. He was
appointed on 1st March 2023 on the scale of ` 60,000 - ` 2,000 -
` 80,000. Details of his other income for the previous year 2023-24 are
as follows:
(i) Dearness allowance: 40% of basic salary (60% forms part of pay for
retirement benefits)
(ii) Telephone allowance @`500 per month
(iii) Both Mr. Rohan and the company contribute 15% of basic salary to
RPF. Interest accrued in this Fund@12% p.a. amounted to
` 25,800.
(iv) The company has provided him with the rent free unfurnished
accommodation in Mumbai owned by the company.
(v) The salary of ` 2,500 p.m. of domestic servant is reimbursed by the
company.
(vi) Rohan has used his own motor car of 1.8 ltr engine capacity for
both official and personal purposes. The running and maintenance
costs of ` 50,000 are borne by the company.
(vii) Professional tax paid ` 2,500 of which ` 1,500 was paid by the
employer.
(viii) During the year 2022-23, Mr. Rohan gifted a sum of ` 6,00,000 to
Mrs. Rohan. She started a business by introducing such amount as
her capital. On 1st April, 2023, her total investment in business was
` 10,00,000. During the previous year 2023-24, she has suffered a
loss of ` 1,20,000 from such business
Determine the gross total income of Mr. Rohan for the A.Y. 2024-25
under normal provisions of the Act.
8. Mr. Mayank, a resident individual, furnished the following information in
respect of income earned and losses incurred by him for the
F.Y. 2023-24
Mr. Mayank filed his return of income for A.Y. 2023-24 on 28.7.2023 and
opted for section 115BAC. Compute the Gross total income of
Mr. Mayank for the A.Y. 2024-25 and the amount of loss, if any, that can
be carried forward if he wants to continue with the provisions under
section 115BAC.
9. Examine the applicability of Tax deduction at source (TDS) or Tax
collection at source (TCS) as per the Income-tax Act, 1961 for the
A.Y 2024-25 in the following situations
(i) Mr. Arjun, a resident Indian, is in retail business in Delhi and his
turnover for F.Y.2022-23 was ` 9.90 crores. He regularly purchases
goods from another resident, Mr. Saurabh, a wholesaler in Noida.
GST rate on such goods is 5%. The aggregate amount of sales
made by Mr. Saurabh to Mr. Arjun during the F.Y.2023-24 was ` 49
lakhs (without GST). Mr Arjun made the payment for consideration
of goods (` 21 lakhs on 8.7.2023, ` 26.25 lakhs on 27.8.2023 and
` 4.2 lakhs on 11.3.2024). Mr. Saurabh’s turnover for F.Y.2022-23
was ` 10.10 crores.
(ii) Mr. Raja paid ` 12 lakhs on 1.11.2023 to M/s. Thomas Cook for a
holiday package to Singapore for a week with his family,
comprising of his wife and two children, being twins aged 22 years,
in the last week of November. Mr. Raja also remitted ` 10 lakhs on
28.3.2024, out of his personal savings, under LRS through Bank of
India, as gift to his sister residing in London, on the occasion of
her 50th birthday.
10. Mr. Ramesh is an authorized wholesale distributor of fertilizers and other
agricultural products. An analysis of his trading and profit & loss
account for the previous year 31.3.2024 revealed the following
information:
(1) Net Profit ` 75,43,000.
(2) The following incomes were credited in the profit and loss account
(a) Rent received ` 5,40,000
(b) Income-tax refund ` 15,000
(c) Dividend from Indian companies ` 2,50,000 (Gross)
(3) Rates and taxes debited to profit and loss account include ` 1,000
paid towards late filing of his IT return for A.Y. 2023-24 under
section 234F of Income-tax Act.
(4) Salaries debited to profit and loss account include ` 35,000 paid
on single day by way of cash to his accountant.
(5) Interest of ` 1,20,000 paid on loan of ` 10,00,000 taken from NBFC.
Out of the loan, amount of ` 2 lakhs was used for personal
purposes and the balance was used for business purposes. No TDS
was deducted while paying interest. Interest of ` 1,20,000 is
debited to profit and loss account.
(6) Municipal Taxes of ` 10,000 paid for the building was debited to
profit and loss account.
Additional Information
(1) Closing stock was undervalued by ` 40,000
(2) Income-tax refund includes ` 2,000 towards interest.
(3) An amount of ` 45,000 was paid by cheque during the year
towards health insurance policy covering himself, his spouse and
his children.
(4) Advance Tax paid during the year is ` 15 lakhs.
(5) Half of the building is used for business purpose and remaining
half let out to Mr. Anshul for residential purpose.
(6) He also sold his vacant land on 10.11.2023 for ` 10 lakhs. The
stamp duty value of land at the time of transfer was ` 14 lakhs. The
FMV and stamp duty value of the land as on 1st April, 2001 was ` 4
lakhs and ` 3 lakhs, respectively. This land was acquired by him on
05.08.1995 for ` 1.80 lakhs. He had incurred registration expenses
of ` 10,000 at that time. The cost of inflation index for the years
2023-24 and 2001-02 are 348 and 100, respectively.
(7) Mr. Ramesh’s turnover for the P.Y. 2022-23 was ` 3 crores
You are required to compute the total income and tax payable by
Mr. Ramesh for the A.Y. 2024-25 under regular provisions of the Act.
SUGGESTED ANSWERS/HINTS
Answer Key
Question Answer
No.
1. (d) ` 24.00 lakhs
2. (b) ` 21.875 lakhs and ` 60 lakhs, respectively
3. (a) ` 52,57,500
4. (c) ` 36,34,640
5. (b) ` 24,24,460
Particulars Amount
(`)
(1) Long-term capital gain on sale of shares of an 1,12,000
Indian listed company is chargeable to tax in the
hands of Mr. Akshay, since it has accrued and
arisen in India even though the sale proceeds
were credited to bank account in UK.
(2) Dividend received from an Indian 40,000
company taxable in the hands of the
Akshay as Income from other sources
since the income has accrued or arisen
in India
Less: Interest expenditure restricted to 8,000 32,000
20% of dividend
(3) Interest on post office saving bank 9,500
account is taxable in the hands of
Mr. Akshay as Income from other
sources, since it has accrued and arisen
in India and is also received in India.
Less: Exemption under section 10(15) 3,500 6,000
Gross Total Income 1,50,000
Less: Deduction under section 80TTA 6,000
Total Income 1,44,000
Particulars Amount
(`)
Brought forward loss from the activity of owning and 1,50,000
maintaining the race horses of A.Y. 2023-24 can be set off
only against the income from the activity of owning and
9. (i) Since Mr. Arjun’s turnover for the F.Y. 2022-23 does not exceed
` 10 crores, TDS provisions under section 194Q would not be
attracted. However, TCS provisions under section 206C(1H) would
be attracted in the hands of Mr. Saurabh since his turnover for the
P.Y. 2022-23 exceeds ` 10 crores and his sales consideration
(including GST) from Mr. Arjun exceeds ` 50 lakhs.
No tax is to be collected under section 206C(1H) on 8.7.2023 and
27.8.2023 since the aggregate receipts till that date i.e., ` 47.25
lakhs, has not exceeded the threshold limit of ` 50 lakhs.
Tax of ` 145 i.e., 0.1% of ` 1.45 lakhs has to be collected under
section 206C(1H) on 11.3.2024 (` 4.20 lakhs - ` 2.75 lakhs, being
the balance threshold limit)
(ii) M/s. Thomas Cook, being a seller of an overseas tour programme
package has to collect tax at source under section 206C(1G) from
Mr. Raja on receiving amount for purchase of package. For the
amount received on or after 1.10.2023, tax has to be collected
@5% on upto ` 7 lakhs received and @20% on amount received
above ` 7 lakhs.
M/s Thomas Cook has to collect tax of ` 1,35,000, being ` 35,000
(5% of ` 7 lakhs) and ` 1 lakh (20% of ` 5 lakhs).
Bank of India, being an authorized dealer has to collect tax at
source under section 206C(1G) @20% on amount in excess of ` 7
lakhs remitted under the LRS on or after 1.10.2023 since the
remittance of ` 10 lakhs is not for the purpose of education and
medical treatment.
Bank of India has to collect tax of ` 60,000 i.e., 20% of ` 3 lakhs,
being the amount remitted in excess of ` 7 lakhs.
10. Computation of total income of Mr. Ramesh for A.Y. 2024-25 under
normal provisions of the Act
QUESTIONS
Case Scenario
Vintage Cinemas Pvt. Ltd. (VCPL) is a leading chain of multiplexes operating in
several States across India. The company has its corporate office in Mumbai,
Maharashtra and is registered under GST in multiple States including
Maharashtra. The company offers movie tickets, food and beverages and
other entertainment-related services.
The turnover of the company in the preceding financial year as per the
audited financial statements was ` 175 crore. The company crossed the
aggregate turnover of ` 35 crore till June in the current year.
In July, VCPL opened a new multiplex in Gujarat wherein the commercial
operations will commence from August 1.
Due to operations in multiple States, the finance and accounts operations are
handled by a centralized team at the corporate office. The same team is also
responsible for filing the GST returns for all the GST registrations of the
company.
The company is also engaged in leasing of space to independent vendors in
its food court against rental charges for the purpose of increasing the source
of revenue.
(c) VCPL is required to file returns only for the Maharashtra State
where its corporate office is located.
(d) VCPL has an option to file return in the State with the highest
turnover.
3. VCPL is required to levy GST on rental charges ________________.
(a) only if the turnover of tenant exceeds ` 20 lakh.
(b) only if the turnover of tenant exceeds ` 1.5 crore.
(c) only if the total rental charge collection in hands of VCPL exceeds
` 20 lakh.
(d) irrespective of the turnover of the tenant or the amount of rental
charge collection in the hands of VCPL.
4. In respect of the refundable security deposit given by VCPL,
____________________.
(a) GST is payable on the deposit amount by the owner of the
premises.
(b) GST is payable on the deposit amount by VCPL.
(c) there is no requirement to pay GST by the owner or VCPL.
(d) GST is payable in equal proportion over the term of rent
agreement by the owner of premises.
5. VCPL is ___________________for the advertisement material sent from
Maharashtra Office to Gujarat office in relation to the upcoming movies.
(a) not liable to issue any document as the transaction is between
entities having same PAN.
(b) liable to issue only a delivery challan.
(c) liable to issue only a bill of supply.
(d) liable to generate a tax invoice as well as an E-Way Bill.
6. M/s Consultease Services Private Limited, a company registered under
GST in Mumbai, Maharashtra, offers business consultancy, digital
10. List the accounts and records which are not required to be maintained
by a supplier who has opted for composition scheme, as per the
provisions of the GST laws.
SUGGESTED ANSWERS
Working Note:
Computation of ITC available
The tax would be deducted @ 1% (each under CGST and SGST) of the
payment made to the supplier of taxable goods and/or services, where
the total value of such supply, under a contract, exceeds ` 2,50,000
(excluding the amount of Central tax, State tax, Union Territory tax,
Integrated tax and cess indicated in the invoice). Thus, individual
supplies may be less than ` 2,50,000/-, but if total value of supplies
under a contract is more than ` 2,50,000/-, TDS has to be deducted.
In the given case, Mr. Bholuram has made supplies to a Governmental
agency and total value of supply under a contract exceeds ` 2,50,000, it
is mandatory for Governmental agency to deduct TDS @1% each under
CGST and SGST on the net value of taxable supplies.
The amount of TDS required to be deducted each under CGST & SGST
each is ` 4,610.
8. (a) E-invoicing is a system for electronically reporting Business-to-
Business (B2B) invoices to the GST system for certain notified
taxpayers whose turnover exceeds ` 5 crore in any financial year from
2017-18 onwards. Since Blue Panda Pvt. Ltd. had an aggregate
turnover of ` 6 crore in FY 2023-2024, it is required to issue
e-invoices for its B2B transactions.
(b) No, Blue Panda Pvt. Ltd. does not need to create invoices directly
on the e-invoicing portal. The company will continue generating its
GST invoices using its own Accounting/Billing/ERP system. The
only requirement is that these invoices must be reported to the
Invoice Registration Portal (IRP) for validation and issuance of a
unique Invoice Reference Number (IRN).
9. (a) The place of supply of insurance services provided to a person other
than a registered person, be the location of the recipient of services
on the records of the supplier of services. Thus, in the given case, the
place of supply is the location of the recipient of services in the
records of the supplier, i.e. Patna.
(b) The place of supply of services by way of transportation of goods,
including by mail or courier to a registered person, is the location
of such person. Thus, in the given case, the recipient being