2015
Q.No.
(a)
(b)
(c)
(d)
(e)
Total Marks
1
10
10
20
2
16
16
3
4
2
4
6
16
4
4
4
4
4
4
16
5
4
6
6
16
6
7
3
6
16
7
3
6
4
3
16
Total Marks
100
Question 1 was compulsory. Answer any 5 from remaining 6. (Question 4 was having one internal choice
too).
There were 4 types of questions:
(1)
Practical Question
(2)
Narrative / Explanatory Question
(3)
Statement Validity Question
(4)
Case study Question
(g)
(h)
(i)
(j)
Fees of Rs. 1 lakh paid to independent directors for attending Board meeting without deduction of tax
at source u/s 194J.
Depreciation charged Rs. 10 lakhs.
Rs. 10 lakhs, being the additional compensation received from the State Government pursuant to an
interim order of Court in respect of land acquired by the State Government in the previous year 201213.
Dividend received from a foreign company Rs. 5 lakhs.
Additional information:
(i)
As a corporate debt restructuring, the bank has converted unpaid interest of Rs. 10 lakhs upto 31st
March, 2015 into a new loan account repayable in five equal annual installments. The first installment
of Rs. 2 lakhs was paid in March, 2016 by debiting new loan account.
(ii)
Depreciation as per Income tax Act Rs. 15 lakhs.
(iii)
The company received a bill for Rs. 2 lakhs on 31st March, 2016 from a supplier of vegetables for
supply made in March, 2016. The bill was omitted to be recorded in the books in March, 2016. The bill
was paid in April, 2016 and the necessary entry was made in the books then.
Compute total income of A Ltd. for the Assessment Year 2016-17 indicating the reason for treatment of each
item. Ignore the provisions relating to minimum alternate tax.
Solution:
Assessee: A Ltd.
PARTICULARS
P.Y. : 2015-16
COMPUTATION OF TOTAL INCOME
Working
Note No.
A.Y. 2016-17
Amount (Rs.)
Amount (Rs.)
1,52,00,000
1
NIL
(+)30,000
3
4
5
(+)50,000
NIL
(-)12,00,000
(-)2,50,000
7
8
9
10
(+)10,00,000
(+)30,000
(-)5,00,000
(-)10,00,000
11
12
13
(-)5,00,000
(-)2,00,000
(-)2,00,000
11
(-)27,40,000
1,24,60,000
5,00,000
1,29,60,000
NIL
1,29,60,000
1,29,60,000
WORKING NOTES:
1
Under section 40A(3), payment exceeding Rs. 20,000 otherwise than by way of account payee
cheque / DD is disallowed. However, payment of Rs. 25,000 to the fisherman for purchase of crab,
lobster etc. is covered by the exceptions prescribed in Rule 6DD. Hence it not disallowable.
Therefore, it is not added back.
2
Under section 40A(3), payment exceeding Rs. 20,000 otherwise than by way of account payee
cheque / DD is disallowed. The payment of Rs. 30,000 to the middileman for purchase of crab,
lobster etc. is not covered by the exceptions prescribed in Rule 6DD. Hence it is disallowable.
Therefore, it is added back.
3
Under section 36, the contribution made by employer to notified pension scheme is allowable to the
extent of 10% of salary. Since, the assessee has made contribution @12% of salary, the excess 2%
is disallowed and added back. The excess is computed as under:
3,00,000 X 2
12
Assumption:
Salary means Basic Salary + Dearness Allowance forming part of salary. As the question is silent, it
is assumed that the Dearness Allowance is forming part of salary.
4
Under section 194C, no tax is required to be deducted at source in respect of payment to transport
contractor, if the contractor furnishes a declaration to the effect that he owns not more than 10
vehicles during the previous year and such declaration contains his PAN. Since TDS is not required,
the disallowance u/s 40(a)(ia) is also not attracted.
5
Under section 47, the transaction of transfer of asset by a 100% holding company to its 100% Indian
subsidiary company is excluded from transfer and consequently the capital gain is not taxable.
Hence the gain of Rs. 12,00,000 is deducted.
6
Under section 35, the contribution made to IIT for scientific research programme approved by the
prescribed authority qualifies for weighted deduction @ 200%. Since 100% of contribution has
already been debited to the P&L A/c, the remaining 100% is further deducted.
7
The expenditure on foreign travel of directors is for a brewery project to be set up. The brewery
project could not be set up. The expenditure is incurred before setting up business. Further, the
assessee is engaged in hotel business. The brewery project is not related to the existing business of
assessee. Being so, the travel expenditure is disallowable.
8
Under section 40(a)(ia), if the assessee has not deducted TDS, 30% of expenditure is disallowable.
Therefore, 30% of Rs. 1,00,000 has been added back.
9
The depreciation debited to P&L A/c is Rs. 10 lakhs. But the depreciation allowable under income-tax
is Rs. 15 lakhs. Hence, the difference of Rs. 5 lakhs is deducted.
10
Under section 45(5), the additional compensation pursuant to an interim order of the Court is taxable
under the head "Capital Gains" in the previous year in which the final order is passed by the Court. It
appears from the question that the assessee has received additional compensation pursuant to
interim order and final order is not passed by Court. Hence, the additional compensation is not
taxable. Therefore, deducted.
11
Dividend received from foreign company is taxable under the head "Income from other sources".
Since the said dividend has been credited to the P&L A/c, the same is deducted in computing
Income from BP head and added in computing Income from Other Sources head.
12
Under section 43B, the conversion of unpaid interest into a fresh loan is not treated as payment of
interest. The amount of unpaid interest converted into a fresh loan is allowable as a deduction only in
the previous year in which such converted interest is actually paid. The first installment of Rs. 2 lakh
paid by the assessee is effectively the payment of unpaid interest. Hence the same is allowable as
deduction.
13
The assesee has made purchases in March, 2016. However, the purchase bill has been omitted to
be recorded. Under income-tax provisions, this expenditure is allowable in the previous year 201516, even if it remained unrecorded. Since the expenditure is allowable, the same has been deducted.
Assumption: It is assumed that the company is following mercantile method of accounting.
such draft order is to be forwarded even if the variation does not arise as a consequence of the order
of TPO.
Hence, the statement is VALID.
(ii)
The Statement is Charitable trust and institutions registered u/s 12AA cannot claim exemption under
any of the clauses of section 10.
Under the provisions of section 10 of Income-tax Act, 1961, it is specifically prescribed that a trust or
institution registered u/s 12AA cannot claim any exemption u/s 10 except the exemption u/s 10(1) and
10(23C).
Based on above law, we find that the charitable trusts and institutions can claim exemption u/s 10(1)
and 10(23C).
Hence, the Statement that the trusts and institution cannot claim exemption under any of the clauses
of section 10 is INVALID.
advance is given in return for an advantage conferred upon the company by such shareholder. In Pradip
Kumar Malhotra v. CIT (2011) 338 ITR 538, the Court has also confirmed this view.
In this case, the advance of Rs. 10 lakhs was given by VKS (P) Ltd to Mr. Santhanam holding 25% of voting
power in lieu of non-release of his personal property from mortgage is to enable the company to retain the
benefit of loan obtained from bank. Therefore, the advance of Rs. 10 lakh is for the benefit of company and
not for the benefit of shareholder.
Hence, the proposition of AO to tax the sum of Rs. 10 lakhs by invoking the provisions of section 2(22)(e), is
not correct.