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Questions and Answers
What type of entity is Surat Gram Panchayat?
What type of entity is Surat Gram Panchayat?
What is the maximum duration for the previous year for a newly set up business?
What is the maximum duration for the previous year for a newly set up business?
What is the maximum exemption limit for gratuity for non-government employees?
What is the maximum exemption limit for gratuity for non-government employees?
What is the maximum allowable employer contribution to Recognised Provident Fund (RPF)?
What is the maximum allowable employer contribution to Recognised Provident Fund (RPF)?
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Which party must pay municipal taxes to qualify for a deduction in 'Income from House Property'?
Which party must pay municipal taxes to qualify for a deduction in 'Income from House Property'?
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Rent received for letting out land for marriage falls under which tax category?
Rent received for letting out land for marriage falls under which tax category?
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Which type of asset qualifies for depreciation allowances?
Which type of asset qualifies for depreciation allowances?
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If a person receives a gift of Rs. 50,000 from a non-relative, what is the tax implication?
If a person receives a gift of Rs. 50,000 from a non-relative, what is the tax implication?
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What head of income will the exam remuneration of Rs. 5300 received by Professor Phadke be taxed under?
What head of income will the exam remuneration of Rs. 5300 received by Professor Phadke be taxed under?
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Which statement regarding Agricultural Income in Nepal is accurate?
Which statement regarding Agricultural Income in Nepal is accurate?
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Who is eligible for the deduction under Section 80E?
Who is eligible for the deduction under Section 80E?
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What is the status of uncommuted pension received by a government employee after retirement for taxation?
What is the status of uncommuted pension received by a government employee after retirement for taxation?
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Which of the following statements is true regarding the long term capital asset classification?
Which of the following statements is true regarding the long term capital asset classification?
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Which of the following is allowed as a deduction for deemed to be let out property?
Which of the following is allowed as a deduction for deemed to be let out property?
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What is the status of the dividend received from an Indian company in terms of taxation?
What is the status of the dividend received from an Indian company in terms of taxation?
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How is the lottery prize received regarded for tax purposes?
How is the lottery prize received regarded for tax purposes?
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What is the taxable income of Mr. Kushal for the Assessment year 2022-23, considering the provided details?
What is the taxable income of Mr. Kushal for the Assessment year 2022-23, considering the provided details?
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Which of the following deductions should be considered in computing Mr. Prem Vijay's taxable income?
Which of the following deductions should be considered in computing Mr. Prem Vijay's taxable income?
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Considering Mr. Kushal's interest from savings bank account, what is the total of his other income besides property income?
Considering Mr. Kushal's interest from savings bank account, what is the total of his other income besides property income?
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What amount is included in Mr. Prem Vijay's income for bank FDR interest after deducting TDS?
What amount is included in Mr. Prem Vijay's income for bank FDR interest after deducting TDS?
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What is the total gross profit reported in the Profit and Loss account of 'Nilkanth Homes'?
What is the total gross profit reported in the Profit and Loss account of 'Nilkanth Homes'?
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Which expense listed in Mr. Prem Vijay's Profit and Loss statement is NOT considered a legitimate deduction?
Which expense listed in Mr. Prem Vijay's Profit and Loss statement is NOT considered a legitimate deduction?
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What is the fair rent value for House 1 owned by Mr. Kushal?
What is the fair rent value for House 1 owned by Mr. Kushal?
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What is the total amount of municipal taxes that Mr. Kushal paid?
What is the total amount of municipal taxes that Mr. Kushal paid?
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What was the total expenditure on advertisement as calculated in the given information?
What was the total expenditure on advertisement as calculated in the given information?
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What is the total amount Mr. Quinton Dsouza has invested in Public Provident Fund?
What is the total amount Mr. Quinton Dsouza has invested in Public Provident Fund?
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How much was the penalty incorrectly included in Mr. Quinton Dsouza's taxable income as salary?
How much was the penalty incorrectly included in Mr. Quinton Dsouza's taxable income as salary?
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What is the cost price of the house property purchased by Mr. Parag Dabke?
What is the cost price of the house property purchased by Mr. Parag Dabke?
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How much was the brokerage paid on the sale of the property by Mr. Parag Dabke?
How much was the brokerage paid on the sale of the property by Mr. Parag Dabke?
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What was the Fair Market Value of Mr. Parag Dabke's property on 1.4.2001?
What was the Fair Market Value of Mr. Parag Dabke's property on 1.4.2001?
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What is the capital gain for Mr. Parag Dabke if he sold his property for Rs. 2,85,50,000?
What is the capital gain for Mr. Parag Dabke if he sold his property for Rs. 2,85,50,000?
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Which year did Mr. Rishi first arrive in India?
Which year did Mr. Rishi first arrive in India?
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What was the total amount invested in new residential property and eligible bonds?
What was the total amount invested in new residential property and eligible bonds?
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Which specific capital expenditure qualifies for inflation adjustment in this scenario?
Which specific capital expenditure qualifies for inflation adjustment in this scenario?
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Which item does NOT count as taxable income for a Resident and Ordinarily Resident individual in this scenario?
Which item does NOT count as taxable income for a Resident and Ordinarily Resident individual in this scenario?
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What is the cost inflation index for the financial year 2011-12?
What is the cost inflation index for the financial year 2011-12?
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How is the capital gain calculated when the property is sold?
How is the capital gain calculated when the property is sold?
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Which of the following is considered a tax-free perquisite under section 17(3) of the Income Tax Act?
Which of the following is considered a tax-free perquisite under section 17(3) of the Income Tax Act?
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Which financial year does the capital asset's fair market value relate to in this scenario?
Which financial year does the capital asset's fair market value relate to in this scenario?
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Which income is taxable as per the rules for a Resident but not Ordinarily Resident?
Which income is taxable as per the rules for a Resident but not Ordinarily Resident?
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Study Notes
Direct and Indirect Taxation Paper
- All questions are compulsory carrying 20 marks each.
- Internal options should be exercised where given.
- Figures to the right represent full marks to the question.
- All questions should be answered with respect to assessment year 2022-23.
- All workings should form part of the main answer.
- Simple calculator use is allowed.
Multiple Choice Questions
- Surat Gram Panchayat is a Local Authority.
- For a newly set up business, the previous year can be 12 months or less than 12 months.
- Gratuity for non-government employees is exempt up to a maximum of Rs. 10,00,000
- Employer Contribution to Recognised Provident Fund (RPF) is allowable up to a maximum of 12% of salary.
- In the case of Income under the head "Income from House Property", the Municipal taxes will be allowed as a deduction only if it is paid by the Owner.
- Rent from letting out of an open plot of land for marriage, is taxable under the head of Income from Other Sources.
- Depreciation is allowed in case of Tangible and Intangible assets.
- Gift received from a non-relative of Rs. 50,000 is Taxable.
- Mr.Nishi spends Rs. 5000 on the medical treatment of his dependent brother, who is physically handicapped to the extent of 65%. The deduction available to Mr.Nishi u/s 80DD will be Rs. 75,000.
- Salary of Member of Parliament is taxable under the head Income from Salary.
- Bonus to employees is taxable in the year of Accrual or receipt, whichever is earlier.
- Professor Phadke, who is employed with AJ College of Commerce, received exam remuneration of Rs. 5300 during the previous year. The amount shall be taxed under the head of Income from Salary.
True or False Statements
- Deduction for Entertainment Allowance is available to all employees. False
- Agricultural Income in Nepal is exempt from tax. False
- Deduction U/s 80E is available to a Hindu Undivided Family. False
- Uncommuted pension received by a Government employee after retirement is fully exempt from tax. False
- Unlisted Shares held for 18 months is a long term capital asset. True
- Municipal tax paid by a tenant is allowed as a deduction for deemed to be let out property. True
- Cost inflation index is applicable for transfer expenses incurred on transfer of capital assets. False
- Mediclaim premium paid by cash Rs. 15,000 is allowed as deduction U/s 80D. False
- Dividend received from an Indian company is fully exempt. True
- Income from Sub-letting of house property is taxable under the head of Income from Other Sources. True
- Capital gain on transfer of depreciable business assets is always short-term capital gain. True
- Thirumalai Devasthanam Temple is an example of Artificial Juridical Person. True
Q.2 A: Mr.Shastry's Taxable Income
-
Salary:
- Basic Salary: Rs. 8,00,000
- Dearness allowance (25% of Basic Salary): Rs. 2,00,000
- Commission Received: Rs. 1,00,000
- Bonus: Rs. 75,000
- House Rent Allowance (Exempt): Rs. 25,000
- Total Salary: Rs. 11,75,000
- Less: Profession Tax: Rs. 2,500
- Taxable Salary: Rs. 11,72,500
-
Other Income:
- Lottery Prize Received: Rs. 55,000
- Interest on Term deposit with bank: Rs. 66,000
- Interest on Income Tax Refund: Rs. 10,000
- Gift from Brother: Rs. 70,000 (Taxable)
- Dividend from Mutual Fund: Rs. 22,000
- Total Other Income: Rs. 223,000
-
Deductions:
- Section 80DD (Medical Expenses for Dependent Son): Rs. 1,00,000
- Taxable Income: Rs. 11,72,500 + Rs. 223,000 - Rs. 1,00,000 = Rs. 12,95,500
Q.2 B: Mr.Kushal's Taxable Income
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Income from House Property:
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House 1 (Self-Occupied):
- Notional Rent (Lower of Fair Rent, Standard Rent, and Municipal Valuation): Rs. 8,00,000
- Interest on Loan: Rs. 3,00,000
- Income from House 1: Rs. 8,00,000 - Rs. 3,00,000 = Rs. 5,00,000
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House 2 (Let Out):
- Actual Rent Received: Rs. 18,00,000 (Rs. 1,50,000 per month * 12 months)
- Municipal Taxes Paid By Tenant: Rs. 10,000
- Interest on Loan: Rs. 3,50,000
- Income from House 2: Rs. 18,00,000 - Rs. 10,000 - Rs. 3,50,000 = Rs. 14,40,000
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House 1 (Self-Occupied):
-
Other Income:
- Interest on Savings Bank Account: Rs. 25,000
- Winning from Lottery (Net of TDS): Rs. 70,000 (Rs. 1,20,000 - Rs. 50,000)
- Dividend from Tata Ltd.: Rs. 5,000
- Total Other Income: Rs.100,000
-
Deduction:
-
Section' 80U (Disability)
- Relief for Disability: Rs. 1,25,000 (Amount depends on the degree of disability and is subject to change)
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Section' 80U (Disability)
- Taxable Income: Rs. 5,00,000 + Rs. 14,40,000 + Rs. 100,000 - Rs. 1,25,000 = **Rs. 18,15,000 **
Q.3 A: Mr. Prem Vijay's Taxable Income
-
Income from Business:
- Net Profit as per Profit & Loss Account: Rs. 15,00,000
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Add: Drawings:
- Proprietor's Salary: Rs. 3,60,000
- Life Insurance Premium: Rs. 15,000
- Total Drawings: Rs. 3,75,000
- Add: Interest on Loan For Son's Marriage (Personal Expense): Rs. 30,000
- Add: Loss by Theft (Not a Business Expense): Rs. 11,200
- Adjusted Business Income: Rs. 15,00,000 + Rs. 3,75,000 + Rs. 30,000 + Rs. 11,200 = Rs. 19,16,200
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Other Income:
- Bank FDR Interest (Net of TDS): Rs. 16,000 (Rs. 18,000 - Rs. 2,000)
- Savings Bank Interest: Rs. 12,000
- NSC Accrued Interest: Rs. 20,000
- Total Other Income: Rs. 48,000
-
Deductions:
- Depreciation: Rs. 47,000
- Section 80C (Contribution to Pension Fund): Rs. 60,000
- Taxable Income: Rs. 19,16,200 + Rs. 48,000 - Rs. 47,000 - Rs. 60,000 = Rs. 19,07,200
Q.3 B: Mr. Quinton Dsouza's Taxable Income
-
Income from Business:
- Net Profit as per Profit & Loss Account: Rs. 12,07,000
- Add: Penalty wrongly included in Salaries: Rs. 10,000
- Add: Stationery Expense (Personal Expense): Rs. 9,500
- Add: Life Insurance Premium for Wife (Personal Expense): Rs. 10,000
- Add: Advertisement Expense for Political Party (Not a Business Expense): Rs. 25,500
- Adjusted Business Income: Rs. 12,07,000 + Rs. 10,000 + Rs. 9,500 + Rs. 10,000 + Rs. 25,500 = Rs. 12,62,000
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Other Income:
- Savings Bank Interest: Rs. 12,500
- LIC Maturity Proceeds: Rs. 3,00,000
- LIC Monthly Annuity: Rs. 21,000
- Bank FDR Interest: Rs. 27,000
- Total Other Income: Rs. 3,60,500
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Deductions:
- Depreciation: Rs. 21,000
- Section 80C (Investment in Public Provident Fund): Rs. 1,50,000
- Taxable Income: Rs. 12,62,000 + Rs. 3,60,500 - Rs. 21, 000 - Rs. 1,50,000 = Rs. 14,51,500
Q.4 A: Mr. Parag Dabke's Capital Gains
-
Cost of Acquisition:
- Original Purchase Price: Rs. 19,50,000
- Cost of Construction of 1st Floor (Indexed Cost): Rs. 10,00,000 * (317/184) = Rs. 17,23,913
- Cost of Construction of 2nd Floor (Indexed Cost): Rs. 4,50,000 * (317/272) = Rs. 5,26,765
- Total Cost of Acquisition: Rs. 19,50,000 + Rs. 17,23,913 + Rs. 5,26,765 = Rs. 42,00,678
- Sale Consideration: Rs. 2,85,50,000
- Less: Brokerage: Rs. 2,00,000
- Net Sale Consideration: Rs. 2,83,50,000
- Capital Gains (Long Term): Rs. 2,83,50,000 - Rs. 42,00,678 = Rs. 2,41,49,322
-
Exemption Under Section 54:
- Investment in New Residential Property: Rs. 1,55,00,000
- Investment in Bonds of Power Finance Corporation Ltd.: Rs. 65,00,000
- Total Investment (Exempt): Rs. 1,55,00,000 + Rs. 65,00,000 = Rs. 2,20,00,000
- Taxable Capital Gains: Rs. 2,41,49,322 - Rs. 2,20,00,000 = Rs. 21,49,322
Q.4 B: Mr. Rishi's Residential Status
-
Assessment Year 2022-23 (Previous Year 2021-2022):
- Mr. Rishi is a Resident but not Ordinarily Resident. He stayed in India for less than 182 days in the previous financial year (2021-2022) as he stayed until 1 May 2021.
Q.4 C: Mr. Padmanabh Sathe's Capital Gains
-
Cost of Acquisition:
- Original Purchase Price: Rs. 29,75,000
- Registration Charges: Rs. 25,000
- Cost of Construction of 1st Floor (Indexed Cost): Rs. 7,75,000 * (317/184) = Rs. 13,34,511
- Cost of Construction of 2nd Floor (Indexed Cost): Rs. 3,50,000 * (317/272) = Rs. 4,07,647
- Total Cost of Acquisition: Rs. 29,75,000 + Rs. 25,000 + Rs. 13,34,511 + Rs. 4,07,647 = Rs. 47,42,158
- Sale Consideration: Rs. 1,95,20,000
- Less: Brokerage: Rs. 2,50,000
- Net Sale Consideration: Rs. 1,92,70,000
- Capital Gains (Long Term): Rs. 1,92,70,000 - Rs. 47,42,158 = Rs. 1,45,27,842
-
Exemption Under Section 54:
- Investment in New Residential Property: Rs. 1,05,00,000
- Investment in Bonds of Power Finance Corporation Ltd.: Rs. 15,00,000
- Total Investment (Exempt): Rs. 1,05,00,000 + Rs. 15,00,000 = Rs. 1,20,00,000
- Taxable Capital Gains: Rs. 1,45,27,842 - Rs. 1,20,00,000 = Rs. 25,27,842
Q.4 D: Mr. Surendra's Total Income
-
a) He is Resident and Ordinarily Resident*
-
Total Income: Rs. 6,00,000 + Rs. 4,00,000 + Rs. 3,00,000 + Rs. 2,00,000 + Rs. 1,000,000 + Rs. 1,50,000 + Rs. 1,00,000 + Rs. 1,50,000 = Rs. 3,250,000
-
Note: Agriculture income in India is exempt.
-
b) He is Resident but not Ordinarily Resident*
-
Total Income: Rs. 6,00,000 + Rs. 4,00,000 + Rs. 3,00,000 + Rs. 2,00,000 + Rs. 1,000,000 + Rs. 1,50,000 + Rs. 1,50,000 = Rs. 2,750,000
-
Note: Agriculture income in India is exempt. Income from sources outside India is taxed only when it is brought to India.
Q.5 A: Depreciation
-
Depreciation under Section 32
- Businesses and individuals can claim depreciation on tangible assets used for business purposes.
- Depreciation is calculated according to the rate specified in Schedule I of the Income Tax Act, 1961.
- Written Down Value (WDV) = Cost of asset - accumulated depreciation.
- Depreciation is calculated on the WDV of the asset.
- Depreciation is allowed as a deduction from the income of the business.
-
Concept of Block of Assets
- A block of assets is a group of assets with a similar nature, use, and life.
- Assets are grouped into different blocks based on their nature.
- Depreciation is calculated for the entire block.
- This helps in simplifying the process of depreciation calculation and administration.
Q.5 B: Perquisites
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Perquisites under Section 17(3)
- These are benefits or amenities provided by the employer to an employee in addition to salary.
- These are considered as part of an employee's income and are therefore taxable.
-
Tax-free Perquisites
- Free Accommodation: Accommodation provided to employees can be tax-free if certain conditions are met.
- Education Expenses: Employer contributions to education expenses can be tax-free up to certain limits.
- Conveyance Facilities: Tax-free limit for conveyance facilities provided by the employer.
- Medical Facilities: Certain medical facilities provided by the employer are tax-free.
- Canteen Facilities: Canteen facilities provided by the employer are tax-free if provided at a subsidized rate.
- Entertainment Expenses: Certain Entertainment Expenses are tax-free within specific conditions.
- Domestic Servants: Cost of domestic servants provided by the employer is tax-free.
- Recreation Facilities: Recreational facilities provided by the employer are tax-free.
Q.5 C: Short Notes
- a) Taxability of Gift from Relatives under Income Tax Act, 1961.*
- Gifts received from relatives are not taxed. A "relative" refers to blood relatives.
- If the gift is received from a non-relative, it is taxed as income from other sources.
- Any gift received exceeding the limit of Rs. 50,000 from a non-relative is considered taxable.
- b) Annual Value of a Property*
- The Annual Value of a Property represents the estimated income the property could generate if it was rented out.
- It's calculated based on the Fair Rental Value, Standard Rent, or Municipal Valuation, whichever is the lowest.
- c) Deduction for Interest on Housing Loan under Income tax Act*
- Interest paid on a housing loan taken for the acquisition, construction, or repair of a residential property is eligible for deduction.
- Deduction is allowed under Section 80EE, 80EEA, and 24 of the Income Tax Act.
- Specific conditions apply to eligibility.
- d) Commutation of Pension*
- Pension is a periodic payment made to a retired employee.
- Commutation of Pension refers to the lump sum payment received by a pensioner for a portion of their pension.
- This reduces the monthly pension amount but results in a lump sum payment.
- It is taxed in the year of receipt as income from other sources.
- e) Explain the term "Person" and "assessment year"*
- Person: The Income Tax Act defines "Person" as an individual, Hindu Undivided Family (HUF), association of persons, body of individuals, company, firm, local authority, trust, etc.
- Assessment Year: The period for which income tax is levied. It is a financial year, and the assessment year is the year following the financial year in which the income has been earned. For instance, income earned between April 1, 2021, and March 31, 2022, is assessed during assessment year 2022-23.
- f) Deduction u/s 80U of Income Tax Act*
- This section allows a deduction for individuals suffering from severe disabilities.
- The deduction amount depends on the severity of the disability and is subject to change.
- The deduction is available to eligible individuals with a disability ranging from 40% to 80%.
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Test your knowledge on taxation, business regulations, and financial implications in various scenarios. This quiz covers topics such as Gratuity, Provident Fund contributions, and tax implications of gifts. Perfect for students or professionals looking to enhance their understanding of tax laws.