84877bos68360 p3
84877bos68360 p3
Part – I MCQs
Case Scenario -1
Mr. Ananth is a traditional farmer who was inherited with 35 acres of rural
agricultural land which was around 20 kms from nearest town. He is cultivating
in 15 acres-Paddy, which is directly taken by rice traders. Another 10 acres of land
is used for growing Sugarcane and as per practice sugarcane is purchased by
sugar mills nearby the villages for which payments were received by
Neft/RTGS/IMPS. Remaining area is cultivated for (1) Mulberry leaves & (2) Part
of Mulberry leaves are used for being fed to silkworms and obtaining silk cocoons
and selling these silk cocoons in market. During the financial year 2023-24,
Mr. Ananth had got net Income of ` 4,00,000 from Sale of Paddy, ` 3,50,000 net
gain on sale of Sugarcane and ` 75,000 by selling Mulberry leaves alone. He
carried out Mulberry 5 silkworm production using his Mulberry leaves worth
` 50,000 and selling the silk cocoons by spending ` 2,00,000 and got ` 3,75,000
on sale of Silk Cocoons to Silk Co-operatives.
Based on the above information, answer the following MCQ no. 1 to 3:
1.   (A) Paddy Income of ` 4,00,000 alone is exempt as Agricultural Income.
     (B) Sugarcane Income of ` 3,50,000 and Paddy income of ` 4,00,000 will
         constitute as Agricultural Income.
     (C) Sale of Mulberry leaves amounting to ` 75,000, Paddy income of
         ` 4,00,000 and sugarcane income of ` 3,50,000 will all constitute
         Agricultural Income.
     (D) Paddy Income of ` 4,00,000, Sugarcane Income of ` 3,50,000 and sale &
         use of Mulberry leaves of ` 1,25,000 all will constitute Agricultural
         Income.                                                    (2 Marks)
2.   (A) The Sale of Mulberry leaves of ` 75,000 will not constitute as Agricultural
         Income.
     (B) The amount of ` 3,75,000 being sale proceeds of silk cocoons to Silk co-
         operatives will constitute as Agricultural Income.
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     SUGGESTED ANSWER              INTERMEDIATE EXAMINATION: JANUARY 2025
     (C) Net Income from Production of Silk cocoons of ` 1,75,000 is exempt from
         tax being Agricultural Income.
     (D) Net Income from sale of Silk Cocoons amounting to ` 1,25,000 will not
         be treated as Agricultural Income and will be taxed either as Business
         Income or IFOS.                                             (2 Marks)
3.   (A) Entire amount of Agricultural Income of Mr. Ananth will be ` 12,00,000.
     (B) Agriculture Income will be ` 8,25,000 whereas Gain on Sale of Silk
         Cocoons amounting to ` 1,25,000 will be Non-Agriculture Income.
     (C) Agriculture Income will be ` 8,75,000 whereas Non-Agriculture Income
         will be ` 1,25,000.
     (D) Since Mr. Ananth mixes agriculture activities with non-agriculture
         activities the entire receipt of ` 12,00,000 will be treated as Non-
         Agriculture Income.                                         (2 Marks)
Case Scenario - II
Mr. A transferred a house property to his wife in P.Y. 2023-24 for inadequate
consideration. She received a rent of ` 2 lakh from letting out this property and
spent ` 4,800 as municipal taxes. She deposited the same with bank and earned
an interest of ` 15,000 during the P.Y. 2023-24.
Based on the above information, answer the following MCQ no. 4 to 6:
4.   The income of rent and interest will be chargeable to tax in the hands of -
     (A) Mr. A - ` 2,15,000 as income of spouse clubbed under clubbing
         provisions.
     (B). Mr. A - ` 2 lakh under income from House Property (HP) and Mrs. A -
          ` 15,000 under Income From Other Sources (IFOS).
     (C) Mrs. A - ` 1,36,640 under income from House Property and ` 15,000
         under IFOS.
     (D) Mr. A - ` 1,36,640 under income from HP and Mrs. A - ` 15,000 under
         IFOS.                                                     (2 Marks)
5.   If Mrs. A invests this rent amount in a business and incurs a loss of ` 20,000
     and she has income from other business of ` 4 lakh. The income of rent and
     business will be chargeable to tax in the hands of -
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           SUGGESTED ANSWER                                             TAXATION
     (A) Mr. A - ` 1,36,640 under income from HP and Mrs. A - ` 3.80 lakh under
         income from business.
     (B) Mr. A - ` 1,22,640 under income from HP and Mrs. A - ` 4 lakh as
         business profits.
     (C) Mrs. A - ` 1,36,640 under income from HP and ` 3.80 lakh as business
         profits.
     (D) Mr. A - ` 1.80 lakh under income from HP and Mrs. A - ` 4 lakh as
         business profits.                                      (2 Marks)
6.   If Mr. A transfers the above property for inadequate consideration with an
     agreement to live apart, then the income of rent and interest will be
     chargeable to tax in the hands of -
     (A) Mr. A - Nil and Mrs. A - ` 1,36,640 under income from HP and ` 15,000
         under IFOS.
     (B)    Mr. A - ` 2.15 lakh under clubbing provisions and Mrs. A - NIL
     (C) Mr. A - ` 2 lakh under income from HP and Mrs. A - ` 15,000 under IFOS.
     (D) Mr. A - ` 1,36,640 under income from HP and Mrs. A - ` 15,000 under
         IFOS.                                                     (2 Marks)
7.   Raju earned 25,000 from lotteries, ` 10,000 from betting, ` 50,000 from
     online games (on internet) and lost ` 5,000 in card games during
     P.Y. 2023-24.
     The amount of tax to be charged for A.Y. 2024-25 will be -
     (A) 30% of (` 25,000+` 10,000) + 20% of ` 50,000 and adjustment of
         unexhausted basic limit is permitted against this income.
     (B) 30% of (` 25000 + ` 10,000 + ` 50,000 - ` 5,000) and adjustment of
         unexhausted basic limit is permitted against this income.
     (C) 30% of (` 25,000 + ` 10,000 + ` 50,000) and adjustment of unexhausted
         basic limit is not permitted against this income.
     (D) 30% of (` 25,000 - ` 5,000) + 20% of (` 10,000 + ` 50,000) and
         adjustment of unexhausted basic limit is not permitted against this
         income.                                                 (2 Marks)
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8.    AMT liability are not attracted to: Choose the correct answer from the
      following:
      (A) Individual/AOP
      (B) HUF/BOI/Artificial Juridical person not paying tax under default tax
          regime.
      (C) Individual/HUF/BOI/AOP
      (D) Individual/HUF/BOI/AOP paying tax under default tax regime.
                                                                         (1 Mark)
Case Scenario - III
Mr. Mohanraj of Kerala, unregistered under GST, deals with supply of cosmetic
items within Kerala. He ordered an i-phone for his son studying in Pune,
Maharashtra, through online from an Electronic Commerce Operator located in
Delhi. He gave his Kerala address for Billing and his son's hostel address in
Maharashtra for delivery. The supplier in Delhi dispatched the ordered phone
from his godown in Karnataka.
He applied for registration under GST in the name of Mohanraj & Co., a proprietor
concern and got registered in the State of Kerala.
During the month of June 2024,
(i)   He purchased goods valued ` 5,00,000 for making further supply. Out of the
      above purchases, he gifted stock worth ` 2,00,000 to his daughter, who is of
      doing the same line of business in Kerala, to help her.
(ii) He supplied stock valued at ` 1,50,000 to an unregistered buyer in Kerala.
(iii) Mohanraj paid ` 10,000 towards rent to Local Municipal Corporation for the
      shop taken on rent at a Bus Terminal in Kerala.
(iv) He paid a rent of ` 20,000 for a residential house property taken on rent in
     Kerala. This property was used for his personal residence.
All the amounts given above are exclusive of tax, wherever applicable.
Rates of GST for goods are 6%, 6% and 12% for CGST/SGST/IGST respectively.
Rates of GST for services are 9%, 9% and 18% for CGST /SGST/IGST respectively.
Subject to the information given above, conditions for availing ITC are complied
with.
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         SUGGESTED ANSWER                                                TAXATION
Based on the above information, choose the most appropriate answer for the
questions 9-11:
9.    In respect of i-phone ordered and delivered, Place of Supply will be,
      (A) Kerala
      (B) Delhi
      (C) Karnataka
      (D) Maharashtra
10. Determine the Value of Outward supply (including supply liable under RCM)
    of Mr. Mohanraj for the month of June 2024.
      (A) ` 1,60,000
      (B) ` 1,80,000
      (C) ` 3,60,000
      (D) ` 3,80,000
11. Amount of ITC that can be claimed by Mr. Mohanraj, for the month of June
    2024 including RCM transactions if any, will be__________ each under CGST
    and SGST.
      (A) ` 18,900
      (B) ` 20,700
      (C) ` 30,900
      (D) ` 32,700
Case Scenario - IV
Mouriya & Co, registered under GST, is engaged in textile manufacturing business
in the State of Tamilnadu. For the Financial year 2017-18, the due date of
furnishing annual return in GSTR-9 was 07.02.2020. But their accountant
submitted the same on 07.03.2020. No appeal or revision or investigation was
faced for the said financial year by the firm.
They supplied Dhoties and Sarees to various State Government during the month
of March 2024, details of which are as follows:
(i)   Supplied Sarees worth ` 2,80,000 including GST @ 12% to Government of
      Tamilnadu for Tamil New year distribution.
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    (B) ` 10,000
    (C) ` 80,000
    (D) ` 1,00,000
15. Mrs. Padmini, a renowned Kathak artist and a registered person under GST,
    provides the following information regarding the activities carried out by her
    during the month of June 2024.
    Value of taxable supply of Mrs. Padmini for the month of June 2024 will be
    ` ___________.
    (A) ` 2,75,000
    (B) ` 4,20,000
    (C) ` 6,70,000
    (D) ` 19,20,000
16. Alpha Way Industries, a registered person dealing in supply of taxable goods
    all over India, having an aggregate turnover of ` 6.75 Crore in the preceding
    Financial Year, is required to issue Tax Invoice with HSN Code of:
    (A) 4 digits for goods supplied to registered persons only (B2B)
    (B) 4 digits for goods supplied to registered as well as unregistered persons
        (B2B and B2C)
    (C) 6 digits for goods supplied to registered persons only (B2B)
    (D) 6 digits for goods supplied to registered as well as unregistered persons
        (B2B and B2C)
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   SUGGESTED ANSWER          INTERMEDIATE EXAMINATION: JANUARY 2025
Answer Key
                                                              8
         SUGGESTED ANSWER                                                 TAXATION
                                     PART - II
                       SECTION A: INCOME TAX LAW
                            Question No.1 is compulsory.
 Candidates are also required to answer any two questions from the remaining
                                three questions.
           Working notes should form part of the respective answers.
   All questions relate to Assessment Year 2024-25, unless otherwise stated.
Question 1
Mr. Rohit, a resident individual, aged 65 years, is a qualified medical practitioner.
He runs his own clinic. Income & Expenditure A/c of Mr. Rohit for the year ending
March 31st 2024 is as under :
      Expenditure                `                 Income                   `
 To Salary to Staff            8,20,000 By Consultation Fees            22,00,000
 To Administrative             5,90,000 By Salary received from          1,80,000
 Expenses                               Care Hospital Pvt. Ltd.
 To Conveyance                  24,000 By Rental Income from               78,000
 Expenses                              House Property
 To Power & Fuel                24,000 By Dividend from Foreign            10,000
                                       Companies
 To Interest on Housing        1,00,000
 Loan
 To     interest     on         26,000
 Education Loan for son
 To Amount paid to              25,000
 scientific      research
 association approved &
 notified u/s 35
 To Net Profit                 8,59,000
 Total                       24,68,000 Total                           24,68,000
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           SUGGESTED ANSWER                                             TAXATION
                      Particulars                             `           `
 I     Income from Salaries
       Basic Pay (` 13,000 x 12)                            1,56,000
       Transport Allowance (` 2,000 x 12) [Fully              24,000
       taxable]
       Cost of treatment for son in Care                          Nil
       Hospitals Pvt. Ltd. [Exempt, since value of
       medical treatment provided to an
       employee’s family member in any
       hospital maintained by the employer is
       excluded from the definition of
       perquisite]
       Gross Salary                                         1,80,000
       Less: Standard deduction u/s 16 [Actual
       salary or ` 50,000, whichever is less]                 50,000
       Net Salary                                           1,30,000
       Less: Set off of loss from house property             41,500
                                                                         88,500
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    SUGGESTED ANSWER                                             TAXATION
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       SUGGESTED ANSWER                                                 TAXATION
Question 2
(a) Mr. Paras has a proprietary business since P.Y. 2015-16. He has transferred
    this business on 01.04.2023 by way of a slump sale for a total consideration
    of ` 40 Lakh. The fair market value of his capital assets as on 01.04.2023 is
    ` 35 Lakh. He has incurred expenses for this deal of ` 1,50,000. His Balance
    Sheet as on 31.03.2023 is given below:
           Liabilities                `              Assets               `
     Own Capital                    20,00,000 Building                 18,00,000
     Bank Loan                        5,00,000 Debtors                  5,00,000
     Unsecured Loans                  2,50,000 Machinery                5,00,000
     Creditors                        4,10,000 Other assets             3,60,000
                                    31,60,000                          31,60,000
    Other information :
    (1) Bank loan balance includes ` 2 lakh for personal purpose.
    (2) Machinery costing ` 50,000 has been allowed 100% as deduction u/s
        35AD
    (3) Other assets include self-generated goodwill of ` 60,000.
    (4) Unsecured loans include ` 1 lakh for amount payable for the purchase
        of the ornaments of his wife.
    Compute the capital gain/loss for the A.Y. 2024-25.
(b) Mr. Ganesh whose Professional Receipts for the year ended 31.03.2023 were
    ` 1.25 crores has made payment to Mr. Rajesh (a Chartered Accountant)
    during P.Y. 2023-24 who has multi faced activities.
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      SUGGESTED ANSWER                 INTERMEDIATE EXAMINATION: JANUARY 2025
                                  Particulars                                     `
       Full value of consideration [Higher of (i) FMV of capital              40,00,000
       assets on 1.4.2023 of ` 35 lakhs or (ii) FMV of Monetary
       consideration received of ` 40 lakhs]
       Less: Expenses for transfer                                             1,50,000
                                                                              38,50,000
       Less: Net worth (See Note below)                                       21,90,000
       Long-term capital gain, since the business is held for more 16,60,000
       than 36 months [Indexation benefit not available]
1
  Assuming Balance Sheet values represent the written down value of building as per section
43(6)(c).
2
  Assuming Balance Sheet values represent the written down value of machinery as per section
43(6)(c).
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          SUGGESTED ANSWER                                            TAXATION
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    SUGGESTED ANSWER                     INTERMEDIATE EXAMINATION: JANUARY 2025
Question 3
(a) (A) What is the meaning of Micro arid Small Enterprise u/s 43B of Income
        Tax Act, 1961?
    (B) Mr. Prem has following assets as on 01.04.2023 :
           (i)     A machinery costing ` 4 lakh, which was used for scientific research
                   related to business and deduction u/s 35 was allowed ` 40,000.
           (ii) A laptop received as a gift from his friend costing ` 60,000. It was
                purchased on 01.04.2022 by his friend.
           (iii) A temporary wooden structure costing ` 70,000 erected in Dec. 23
                 which was used for business purposes.
           Compute the depreciation allowed on these assets for F.Y. 2023-24.
(b) Mr. X, age 83 years, a resident individual, gives the following particulars of
    his receipts for A.Y. 2024-25 :
    Compute his total income and Income Tax thereon for A.Y. 2024-25
    considering that assessee has opted out of Default tax regime.
Answer
(a) (A) For Manufacturing Enterprises and Enterprises rendering Services
           Micro Enterprise - Investment in Plant and Machinery or Equipment ≤
           ` 1 crore and Annual Turnover ≤ ` 5 crores.
           Small Enterprise - Investment in Plant and Machinery or Equipment ≤
           ` 10 crores and Annual Turnover ≤ ` 50 crores.
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          SUGGESTED ANSWER                                               TAXATION
                                  Particulars                            Amount
                                                                           (`)
           Depreciation on machinery used for scientific research          54,000
           @15% on ` 3,60,000 [` 4,00,000, being actual cost –
           ` 40,000, being deduction allowed u/s 35]
           Depreciation on laptop received as a gift @40% on               14,400
           ` 36,000 [` 60,000, being actual cost to previous owner –
           ` 24,000, being depreciation for P.Y. 2022-23 allowable to
           assessee if it was the only asset]
           Depreciation on temporary wooden structure @40% x               14,000
           50% on ` 70,000 [Since it is put to use for less than 180
           days]
                                                                          82,400
(b) Computation of total income and tax liability of Mr. X for A.Y. 2024-25
                                                               `            `
     I     Income from Salaries
           Pension from Central Government                  4,50,000
           Less: Standard deduction u/s 16 [Actual salary    50,000
           or ` 50,000, whichever is less]
                                                                         4,00,000
     II    Capital Gains
           STCG on sale of dining table and chairs [Not a                        Nil
           capital asset since it is personal effects]
    III Income from Other Sources
           Installment received under reverse mortgage             Nil
           [Exempt u/s 10(43)]
           Interest on bank term deposits                   2,00,000
           Interest on bank saving a/c                       45,000
           Income from dairy farming on agricultural land    50,000
                                                                         2,95,000
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    SUGGESTED ANSWER                  INTERMEDIATE EXAMINATION: JANUARY 2025
Question 4
(a) Mr. Rakesh furnishes the following details for year ended 31.03.2024:
                                  Particulars                                `
        Short Term Capital Gain                                             2,80,000
        Loss from Speculative Business                                      1,20,000
        Long Term Capital Gain on Sale of Land                                60,000
        Long Term Capital Loss on Sale of shares (STT not paid)             2,00,000
        Income From Business of Textile (after allowing current             1,00,000
        year Depreciation)
        Income From Salary (Computed)                                       2,00,000
        Loss from Let - Out House Property                                    80,000
        Share of Loss from Firm                                             1,60,000
        Investment in PPF                                                     21,000
        Medical Insurance Premium for self paid by Cheque                     24,000
        Preventive Health Check-up fees for wife paid by Cheque                  5,000
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          SUGGESTED ANSWER                                              TAXATION
      Compute Total Income of Mr. Rakesh for the A.Y. 2024-2025 if he has
      exercised the option of shifting out of default tax regime provided under
      section 115BAC(1A). Also state the eligible Carry Forward losses.
(b) (i)    Which are all persons required to mandatorily file the Return of Loss
           as per section 80 of Income Tax Act, 1961.
      (ii) Consequences of Non-filing of Return of Loss in time
                                           OR
(b) (i)    What is Belated Return u/s 139(4) of Income tax Act, 1961 and when
           it should be filed?
      (ii) Explain Non-Applicability of Updated Return u/s 139(8A)
Answer
(a)       Computation of Total Income of Mr. Rakesh for the A.Y. 2024-25
                                                               `          `
       Income from Salary (computed)                         2,00,000
       Less: Loss from let-out house property                (80,000)
                                                                        1,20,000
       Profit and gains of business or profession
       Income from textile business                          1,00,000
       Less: Loss of ` 1,20,000 from textile business set-
       off to the extent of ` 1,00,000                       1,00,000
                                                                              Nil
       Share of loss from firm - not allowed to be set-                       Nil
       off
       Capital Gain
       Short term capital gain                                          2,80,000
       Long-term capital gain on sale of land                 60,000
       Less: Long term capital loss of ` 2,00,000 on sale
       of shares set-off to the extent of ` 60,000            60,000          Nil
       Balance loss of ` 1,40,000 to be carried forward to
       A.Y 2025-26
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    SUGGESTED ANSWER             INTERMEDIATE EXAMINATION: JANUARY 2025
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         SUGGESTED ANSWER                                               TAXATION
         (c) Loss from specified business u/s 73A(2) [In case assessee has
             exercised the option of shifting out of the default tax regime
             provided under section 115BAC(1A)]
         (d) Loss under the head “Capital Gains” u/s 74(1)
         (e) Loss from the activity of owning and maintaining race horses u/s
             74A(3).
   (ii) If the return of loss is not filed within the time allowed u/s 139(1) then,
        the following losses cannot be carried forward –
         (a) Business loss u/s 72(1)
         (b) Speculation business loss u/s 73(2)
         (c) Loss from specified business u/s 73A(2) [In case assessee has
             exercised the option of shifting out of the default tax regime
             provided under section 115BAC(1A)]
         (d) Loss under the head “Capital Gains” u/s 74(1)
         (e) Loss from the activity of owning and maintaining race horses u/s
             74A(3)
(b) Second Alternative
   (i)   A belated return is a return which is not furnished within the time
         allowed under section 139(1) but furnished at any time -
         (i)   before three months prior to the end of the relevant assessment
               year (i.e., 31.12.2024 for P.Y. 2023-24); or
         (ii) before the completion of the assessment,
         whichever is earlier.
   (ii) The provisions of updated return would not apply, if the updated
        return of such person for that assessment year –
         (i)   is a loss return; or
         (ii) has the effect of decreasing the total tax liability
         (iii) results in refund or increases the refund due
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     SUGGESTED ANSWER                INTERMEDIATE EXAMINATION: JANUARY 2025
                                       Part-II
                 SECTION B: GOODS AND SERVICES TAX
1.   For Part-II, Section -B comprises of questions from 5-8. In Section B, answer
     question no. 5 which is compulsory and any two questions from question nos.
     6-8.
2.   Working notes should form part of the answer.
3.   All questions in Section- B should be answered on the basis of position of GST
     law as amended by Finance Act, 2023 and the significant notifications/
     circulars issued upto 30th June, 2024.
Question 5
(a) Galaxy Cube Private Ltd., a registered person in Bharuch, Gujarat, engaged
    in various lines of business, provided the following details regarding its
    transactions made during the month of May 2024:
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    SUGGESTED ANSWER                                                           TAXATION
    Additional Information :
    (i)    During the course of filing invoices, accountant identified an invoice
           dated 31.03.2024, issued by Mr. Mahajan, whose residential house was
           taken on rent for MD of the company for his residential use. Invoice
           was for ` 50,000 (excluding tax). No payment has been made for
           this invoice.
    (ii) All the figures given above are exclusive of GST.
    (iii) All inward and outward supplies are intra-state except where details
          of place of recipient are given.
    (iv) Subject to the information given above, all the conditions necessary
         for availing the ITC have been fulfilled.
    (v) GST Rates are as follows:
    Compute the net minimum GST payable in cash by Galaxy Cube Private
    Ltd. for the month of May 2024.                        (10 Marks)
(b) Gamma Multiplex registered in the State of Punjab, gives the following offers
    for booking movie tickets :
    For the month of April 2024, Gamma Multiplex situated in Punjab made the
    following supplies :
    (i)    10,000 tickets under combo offer
    (ii) 2,500 tickets only
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    SUGGESTED ANSWER               INTERMEDIATE EXAMINATION: JANUARY 2025
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     SUGGESTED ANSWER                 INTERMEDIATE EXAMINATION: JANUARY 2025
(b) (i)   The combo supply of cinema tickets and snacks is a composite supply
          wherein the entire supply will attract GST at the rate applicable to
          service of exhibition of cinema being the principal supply.
          Further, it is an intra-State supply since the place of supply is
          Punjab 1.
          Thus, in the given case, rates of GST to be applied are 9% CGST and
          9% SGST.
    (ii) Supply of snacks is an individual supply.
          Further, it is an intra-State supply since the place of supply is
          Punjab 2.
          Thus, the applicable rates of GST are 2.5% CGST and 2.5% SGST.
1
  as the place of supply of services supplied to unregistered persons with no address on
records is location of the supplier.
2
  as the place of supply of goods supplied to unregistered persons over the counter with
no address on records is location of the supplier.
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    SUGGESTED ANSWER                                                          TAXATION
Question 6
(a) Nootan Ltd., a registered person in Indore, Madhya Pradesh, provides details
    of the following transactions carried out during the month of June 2024:
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     SUGGESTED ANSWER               INTERMEDIATE EXAMINATION: JANUARY 2025
    Additional Information:
    (i)   All above figures are exclusive of taxes, wherever applicable.
    (ii) Assume the rate of GST            as   18%,   9%    and     9%    for   IGST,
         CGST/SGST respectively.
    (iii) Turnover of Nootan Limited for the preceding financial year was
          ` 67 lakh.
    You are required to compute the GST payable by Nootan Limited under
    Reverse Charge basis for the month of June 2024. Reason for the treatment
    of each item should form part of the answers.                  (5 Marks)
(b) Determine the Place of Supply for the following independent cases, by briefly
    stating the relevant provisions :
    (i)   Marxy Pharmaceuticals, registered under GST at Jaipur, Rajasthan
          hires Sargam Events LLP, registered under GST at Sagar, Madhya
          Pradesh for its annual event to be held in Gandhinagar, Gujarat.
    (ii) PSL Ltd., a registered person in Chandigarh, Punjab orders from CMR
         Ltd., a registered person in Ranchi, Jharkhand for delivery of goods to
         MHT Ltd., a registered person in Ranchi, Jharkhand.
    You are required to determine PoS for both of the above supplies made by
    CMR Ltd. as well as PSL Ltd.                                   (5 Marks)
Answer
(a) Computation of GST Payable by Nootan Limited under reverse charge
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     SUGGESTED ANSWER                                                       TAXATION
(b) (i)    The place of supply of services provided to registered person by way
           of organization of a cultural, artistic, sporting, scientific, educational or
           entertainment event or services related to such event shall be the
           location of the recipient.
           Accordingly, place of supply is Jaipur, Rajasthan.
    (ii) In case of ‘Bill to Ship to’ supply model, where goods are delivered
         by supplier to recipient at the direction of a third person, the place
         of supply is the principal place of business of such third person.
    Accordingly, in case of supply made by CMR Ltd., the place of supply is
    Chandigarh, Punjab.
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    SUGGESTED ANSWER                     INTERMEDIATE EXAMINATION: JANUARY 2025
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     SUGGESTED ANSWER                                                 TAXATION
Answer
(a) (i)   Where an applicant submits application for registration within 30 days
          from the date he becomes liable to registration, effective date of
          registration is the date on which he becomes liable to registration.
          Rameshwar Industries became liable to registration on 28 th April,
          2024 when its turnover exceeded the applicable threshold limit of
          ` 40 lakh (since it is engaged exclusively in supply of goods). Since
          it applied for registration within 30 days, the effective date of
          registration is 28 th April, 2024.
    (ii) Revised tax invoices can be issued against the invoices already
         issued during the period starting with the effective date of
         registration till the date of issuance of certificate of registration.
         Therefore, in the given case, Rameshwar Industries can issue the
         revised tax invoices against the invoices already issued during the
         period beginning with 28 th April, 2024 till 29 th May, 2024.
    (iii) Revised tax invoices are to be issued within 1 month from the date
          of issuance of certificate of registration i.e. within 1 month from
          29 th May, 2024 i.e. upto 29 th June, 2024.
(b) (i) Rectification of errors/omissions
          Omission or incorrect particulars discovered in the returns filed
          under section 39 can be rectified in the return to be filed for the tax
          period during which such omission or incorrect particulars are
          noticed.
          Any tax payable as a result of such error or omission will be required
          to be paid along with interest.
    (ii) Exception to the rectification
          Rectification of error or omission discovered on account of scrutiny,
          audit, inspection or enforcement activities by tax authorities is not
          permitted.
    (iii) Time limit for making such rectification
          The maximum time limit within which the rectification of
          errors/omissions is permissible is earlier of the following dates:
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     SUGGESTED ANSWER                INTERMEDIATE EXAMINATION: JANUARY 2025
          (a) 30th day of November following the end of the financial year to
              which such details pertain or
          (b) Actual date of filing of the relevant annual return
Question 8
(a) CBIC has issued a recent clarification on Time of Supply in respect of supply
    of services of construction of road and maintenance thereof of National
    Highway Projects of National Highway Authority of India (NHAI) in Hybrid
    Annuity Mode (HAM) model. Briefly discuss the said clarification. (5 Marks)
                                        OR
(a) Explain briefly about the exemption available under the CGST Act, 2017 in
    respect of services provided by an Old Age Home.               (5 Marks)
(b) (i)   Rule 138E of CGST Rules, 2017 prohibits certain persons to furnish the
          information in Part A of Form GST EWB-01 in respect of any outward
          movement of goods of a registered person. List the said persons. (2 Marks)
    (ii) List any six State taxes that were subsumed in the GST regime.
                                                                         (3 Marks)
Answer
(a) Since in HAM model of NHAI, periodical payments are spread over the
    contract period in the form of installments, it is a ‘continuous supply of
    services’.
    It has been clarified by CBIC vide a circular that the time of supply of
    services under HAM contract, including construction and operation and
    maintenance portion, should be:
    (I)   in case where the invoice is issued on or before the specified date
          (due date of payment) or the date of completion of the event
          specified in the contract, as applicable:
          (a) date of issuance of invoice
              or
          (b) date of receipt of payment
          whichever is earlier.
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     SUGGESTED ANSWER                                                  TAXATION
    (II) in case where invoices are not issued on or before the specified date
         (due date of payment) or the date of completion of the event
         specified in the contract:
          (a) date of provision of the said service (i.e., the due date of payment
              as per the contract)
              or
          (b) date of receipt of the payment
          whichever is earlier.
(a) Alternative
    Services by an old age home run by Central Government, State Government
    or an entity registered under section 12AA or 12AB of the Income-tax Act,
    1961 to its residents (aged 60 years or more) against consideration up to
    ` 25,000 per month per member, provided that the consideration charged
    is inclusive of charges for boarding, lodging and maintenance.
(b) (i)   As per rule 138E of the CGST Rules, 2017, following persons (including
          a consignor, consignee, transporter, an e-commerce operator or a
          courier agency) shall not be allowed to furnish the information in Part
          A of Form GST EWB-01 in respect of any outward movement of goods
          of a registered person:
          (a) A composition supplier who has not furnished the Statement for
              payment of self-assessed tax (Form GST CMP-08) for 2 consecutive
              quarters.
          (b) A person paying tax under regular scheme has not furnished the
              returns for a consecutive period of 2 tax periods.
          (c) A person paying tax under regular scheme has not furnished
              Statement of Outward Supplies (Form GSTR-1) for any 2 months
              or quarters.
          (d) A person whose registration has been suspended under the GST
              law.
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SUGGESTED ANSWER                INTERMEDIATE EXAMINATION: JANUARY 2025
(ii) Following are the State taxes that were subsumed in the GST regime:
    (a) State surcharges and cesses in so far as they relate to supply of
        goods & services.
    (b) Entertainment Tax (except those levied by local bodies)
    (c) Tax on lottery, betting and gambling
    (d) Entry Tax (All Forms)
    (e) Purchase Tax
    (f)   VAT/ Sales tax
    (g) Luxury Tax
    (h) Taxes on advertisements
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