54595bos43759 p4 PDF

PAPER – 4 : TAXATION
SECTION – A: INCOME TAX
Question No.1 is compulsory. Attempt any four questions from the rest.
Working notes shall form part of the respective answers.
All questions pertaining to Income-tax relate to Assessment Year 2018-19, unless stated
otherwise in the question.
Question 1
Mr. Murari, a resident individual, age 48 years provides consultancy services in the field of
accountancy. His Income and Expenditure account for the year ended 31 st March, 2018 is as
follows:
Income and Expenditure account for the year ending 31 st March, 2018
Expenditure Amount (`) Income Amount (`)
To Salary 3,00,000 By Consulting fees 8,00,000
To Motor car expenses 58,000 By Share of Profit from HUF 25,000
To Depreciation 47,500 By Interest on saving bank
15,000
deposits
To Medical expenses 70,000 By Interest on income tax
8,000
refund
To Purchase of computer 80,000
To Bonus 10,000
To General expenses 55,000
To Office & administrative 75,000
To Excess of income over
Expenditure 1,52,500 _______
8,48,000 8,48,000
The following other information relates to the financial year 2017-18:
(1) Salary includes a payment of ` 12,000 per month to his brother-in-law who is in-charge
of the marketing department. However, in comparison to similar business, the reasonable
salary of a marketing supervisor is ` 10,000 per month.
The Suggested Answers for Paper 4A: Income-tax are based on the provisions of income-tax
law as amended by the Finance Act, 2017. The relevant assessment year is A.Y.2018-19.
© The Institute of Chartered Accountants of India

2 INTERMEDIATE (IPC) EXAMINATION: NOVEMBER, 2018
(2) Interest on saving bank deposit belongs to his wife who has deposited the money out of
the pocket money given to her every month.
(3) Written down value of the assets as on 1 st April, 2017 are as follows:
Motor Car (40% used for personal use) ` 2,00,000
Furniture and Fittings ` 50,000
(4) Medical expenses includes:
 Family planning expenditure ` 15,000 incurred for the employees which was
revenue in nature.
 Medical expenses for his father ` 35,000. (Father's age is 65 years)
(5) The computer was purchased on 5 th June, 2017 on credit. The total invoice was paid in
the following manner:
 ` 18,000 paid in cash as down payment on the date of purchase.
 Remaining amount was paid through account payee cheque on 10 th August, 2017.
(6) Bonus was paid on 30 th September, 2018.
(7) General expenses include commission payment of ` 22,000 to Mr. Sridhar for the
promotion of business on 17th September, 2017 without deduction of tax at source.
(8) He also received gold coins from a family friend on the occasion of marriage anniversary
on 5th December, 2017. The market value of the coins on the said date was ` 55,000.
Compute the total income and the tax liability of Mr. Murari for the assessment y ear
2018-19. (10 Marks)
Answer
Computation of Total Income of Mr. Murari for the A.Y.2018-19
Particulars ` `
Profit and gains from business or profession
Net income as per Income and Expenditure Account 1,52,500
Add: Expenses debited but not allowable
- Excess salary of ` 2,000 per month to brother-in-law [not -
disallowed since brother-in-law does not fall within the definition
of ‘relative’ under section 2(41)]
- Motor car expenses attributable to personal use not allowable 23,200
(` 58,000 x 40%)
- Depreciation as per books of account 47,500
- Medical expenses of ` 15,000 for family planning expenditure 15,000
for the employees [disallowed, since such expenditure is

PAPER – 4 : TAXATION 3
allowable to company assessee only]

- Medical expenditure of ` 55,000 [including expenses of 55,000
` 35,000 for his father, not allowable, since it is personal in
nature]
Note: If it is assumed that only ` 35,000 is medical expenditure
for father and balance ` 20,000 is expenditure for staff, then
such expenditure is eligible for deduction. In such case, the
disallowance would be limited to ` 35,000 instead of ` 55,000.
- Purchase of computer (not allowable since it is capital in 80,000
nature)
- Bonus (allowed since it is paid on the due date of filing of return -
of income i.e., on 30.9.2018)
Note: For the P.Y.2017-18, the gross receipts i.e., fees of Mr.
Murari from consultancy services is ` 8 lakhs. Since his gross
receipt in respect of such profession is less than ` 50 lakhs, he
is eligible to opt for presumptive income scheme under section
44ADA. His profits and gains from profession would be
` 4,00,000, being 50% of ` 8,00,000. No deduction in respect
of any expenditure is allowed while computing presumptive
business income as per the provisions of section 44ADA.
Since he is maintaining books of account and his profits and
gains from profession as per books of account is ` 2,77,400,
which is less than ` 4,00,000, it is more beneficial for him to
declare profits and gains from such profession as per the
regular provisions of the Act. For this purpose, he has to get his
books of account audited under section 44AB, in which case,
his due date for filing return of income would be 30.9.2018)
- Commission paid without deduction of tax at source -
[Disallowance is not attracted since he is not liable to deduct tax
at source, assuming that his gross receipts did not exceed ` 50
lakhs in the P.Y.2016-17 also] [See Note given at the end of
the solution for alternate view] 2,20,700
3,73,200
Less: Income credited but not taxable or taxable under any other
head
- Share of profit from HUF (Exempt) 25,000
- Interest on saving bank deposit 15,000
- Interest on income-tax refund 8,000
48,000
3,25,200

Less: Depreciation allowable under the Income-tax Act, 1961 [See

Working Note] 47,800
2,77,400
Income from Other Sources
- Interest on saving bank deposit of wife [Interest not to be -
included in the total income of Mr. Murari since the deposit was
made out of pocket money given to her, assuming that pocket
money is in the nature of pin money 1].
Note – It is also possible to assume that pocket money is not in
the nature of pin money. If it is so assumed, the interest of
` 15,000 would be included in the hands of Mr. Murari.
Consequently, he would be entitled to a deduction of ` 10,000
under section 80TTA.
- Interest on income-tax refund
- Value of gold coins received from a family friend on the occasion 8,000
of marriage anniversary (taxable under section 56(2)(x), as the
fair market value of such coins exceeds ` 50,000) 55,000
63,000
Gross Total Income 3,40,400
Less: Deduction under Chapter VI-A
Section 80D
Medical expenses for father (Deduction not allowable since father, Nil
aged 65 years, is not a very senior citizen)
Total Income 3,40,400
Computation of tax liability of Mr. Murari for A.Y. 2018-19
Particulars ` `
Tax on total income of ` 3,40,400
Upto ` 2,50,000 Nil
` 2,50,001 – ` 3,40,400 [i.e., ` 90,400@5%] 4,520 4,520
Less: Rebate u/s 87A [Since his total income does not exceed
` 3,50,000] 2,500
2,020
Add: Education cess@2% 40
Secondary and higher education cess@1% 20
1 R. Dalmia vs. CIT (1982) 133 ITR 169 (Del.)

Tax liability 2,081

Tax liability (rounded off) 2,080
Working note:
Computation of depreciation allowable as per Income-tax Act, 1961
Particulars `
On Motor Car
` 2,00,000 x 15% x 60% 18,000
On Furniture and fittings
` 50,000 x 10% 5,000
On Computer
` 62,000 x 40% [Actual cost of the computer is ` 62,000 (i.e., ` 80,000 –
` 18,000). ` 18,000 paid otherwise than by way of account payee cheque/bank
draft or use of ECS is not includible in actual cost. 24,800
47,800
Note - Mr. Murari would be liable to deduct tax at source under section 194-H on commission
paid during the P.Y.2017-18, only if his gross receipts from profession during the P.Y.2016-17
exceeded the monetary limit specified in section 44AB i.e., ` 50 lakhs. The figure of gross
receipts from profession during the P.Y.2016-17 is not given in the question. Since his gross
receipts from profession for P.Y.2017-18 is only ` 8 lakhs, it is logical to assume that the
gross receipts for P.Y.2016-17 were less than ` 50 lakhs. Accordingly, assuming that his
gross receipts for P.Y.2016-17 also did not exceed the specified limit of ` 50 lakhs, Mr. Murari
would not be liable to deduct tax at source under section 194-H for the P.Y.2017-18. Hence,
no disallowance would be attracted under section 40(a)(ia)
However, since the statement in item no. (7) under “Other Information” that commission is paid
to Mr. Sridhar without deduction of tax at source may seem to indicate that Mr. Murari has the
obligation to deduct tax at source under section 194-H, it is possible to take a view that his
gross receipts in the P.Y.2016-17 exceeded ` 50 lakhs. Based on this view, ` 6,600, being
30% of ` 22,000 has to be disallowed for failure to deduct tax on commission paid to Mr.
Sridhar.
Question 2
(a) Mr. Surya, an Indian citizen, travelled frequently out of India for his business trip as well
as for his outings. He left India from Mumbai airport on 15 th May 2017 as stamped in the
passport. He has been in India for less than 365 days during the 4 years immediately
preceding the previous year and has not been in India for at least 60 days in the previous
year.

Determine:
(i) Residential status of Mr. Surya and
(ii) Total income for the assessment year 2018-19 from the following information:
(1) Dividend amounting to ` 20,000 received from Sassy Ltd., a Switzerland based
company, which was transferred to his Swiss bank account. He had borrowed
money from Mr. Sundarlal, a non-resident Indian, for the above mentioned
investment on 2nd April, 2017. Interest on the borrowed money for the
previous year 2017-18 amounted to ` 2,500.
(2) Short term capital gain on the sale of shares of Trena India Ltd. a listed Indian
Company amounting to ` 35,000. The sale proceeds were credited to his
Swiss bank account.
(3) Interest on fixed deposit with State Bank of India (Mumbai) amounting to
` 8,000 was credited to his saving account. (5 Marks)
(b) Mr. Chakrobarty, a resident, aged 35 years, works as a deputy manager in Dews Limited,
located in Noida since April 2010. He own two houses and uses it for self-purpose. The
following information relates to the houses for the previous year 2017-18;
House-I House-II
Location Noida Gurgaon
(He and his family (His parents
reside) reside)
Municipal value per annum ( `) 8,00,000 9,00,000
Fair rent ( `) 9,20,000 8,80,000
Standard rent per annum ( `) 8,40,000 9,20,000
Actual rent (per month) (`) - -
Municipal taxes paid during the year 8% 10%
Date of completion of construction of 31st March, 2010 25th May, 2017
properties
He had taken a loan of ` 18,00,000 for the construction of the House-II on 1st April, 2015.
Interest was payable @ 10% per annum. Till date, no payment was made towards the
principal amount.
Mr. Chakrobarty, seeks your professional advice to plan his tax liability. Give suggestions
to Mr. Chakrobarty which house should be considered and treated as a self -occupied
property so that his house property income is minimum for the assessment year
2018-19. (5 Marks)

Answer
(a) Determination of residential status and scope of total Income
(i) An individual is said to be resident in India in any previous year, if he satisfies any
one of the following conditions:
(i) He has been in India during the previous year for a total period of 182 days or
more, or
(ii) He has been in India during the 4 years immediately preceding the previous
year for a total period of 365 days or more and has been in India for at least 60
days in the previous year.
If the individual satisfies any one of the conditions mentioned above, he is a
resident. If both the above conditions are not satisfied, the individual is a non -
resident.
Mr. Surya, an Indian citizen, has not satisfied either of the basic conditions for being
a resident. Hence, he is non-resident in India for A.Y.2018-19.
(ii) Computation of total income of Mr. Surya for A.Y.2018-19
Particulars Amount (`)
(1) Dividend of ` 20,000 received from Switzerland based
company transferred to Swiss bank account is not taxable Nil
in the hands of the non-resident since the income has
neither accrued or arisen in India nor has it been received
in India.
Since dividend is not taxable in India, interest paid for
investment is not allowable as deduction.
(2) Short-term capital gain on sale of shares of an Indian 35,000
listed company is chargeable to tax in the hands of
Mr. Surya, since it has accrued and arisen in India even
through the sale proceeds were credited to Swiss bank
account.
(3) Interest on fixed deposit with SBI credited to his savings
bank account is taxable in the hands of Mr. Surya as
Income from other sources, since it has accrued and
arisen in India and is also received in India. 8,000
Total Income 43,000

(b) Computation of income from house property of Mr. Chakrobarty for the A.Y.2018-19
The income from each house property should first be calculated assuming that they are
deemed to be let out.
Particulars Amount in `
House I House II
[Noida] [Gurgaon]
Gross Annual Value (GAV)
Expected Rent is the Gross Annual Value of house
property
Expected Rent = Higher of Municipal Value and Fair Rent, 8,40,000
but restricted to Standard Rent
When the house property comes into existence only 7,66,849
during the previous year, the annual value shall be
computed only for the period for which the house existed.
In this case, the annual value is computed for 311 days
i.e. from 25.05.2017 to 31.03.2018. ` 9,00,000 x 311 /
365
Less: Municipal taxes (paid by the owner during the 64,000 90,000
previous year)
Net Annual Value (NAV) 7,76,000 6,76,849
Less: Deductions under section 24
(a) 30% of NAV 2,32,800 2,03,055
(b) Interest on borrowed capital [House II]
Current year interest 1,80,000
` 18,00,000 x 10%
Pre-construction interest
(allowable in five installments)
` 18,00,000 x 10% x 2 years -
(from 1.4.2015 to 31.3.2017)/5 72,000 2,52,000
Income from house property 5,43,200 2,21,794
OPTION 1 (House I – self-occupied and House II – deemed to be let out)
If House I is opted to be self-occupied, the income from house property shall be –
House I (Self-occupied) Nil
House II (Deemed to be let-out) 2,21,794
2,21,794

OPTION 2 (House I – deemed to be let out and House II – self-occupied)

If House II is opted to be self-occupied, the income from house property shall be –
Particulars Amount in
`
House I (Deemed to be let-out) 5,43,200
House II (Self-occupied) (2,00,000)
(Interest deduction restricted to Rs 2,00,000)
Income from house property 3,43,200
Since Option 1 is more beneficial, Mr. Chakraborty should opt to treat House I
(Noida) as self-occupied and House II (Gurgaon) as deemed to be let out. His
income from house property would be ` 2,21,794 for the A.Y. 2018-19.
Question 3
(a) Ms. Nandini, a resident individual, aged 48 years, is an assistant manager of Dye Hard
Ltd. She was appointed on 1 st June, 2015 at a salary of ` 32,000 per month. During the
previous year 2017-18, she received the following amounts from her employer.
(i) Dearness allowance (10% of basic pay which forms part of salary for retirement
benefits).
(ii) Bonus for the previous year 2016-17 amounting to ` 32,000 was received on
1st October, 2017.
(iii) Fixed Medical allowance of ` 20,000 for meeting medical expenditure.
(iv) She was also reimbursed the medical bill of her father-in-law dependent on her
amounting to ` 3,000.
(v) Ms. Nandini was provided;
 a laptop both for official and personal use. Laptop was acquired by the
company on 1 st June, 2015 at ` 15,000.
 a domestic servant at a monthly salary of ` 1,000 which was reimbursed by
her employer.
(vi) Dye Hard Ltd. allotted 500 equity shares in the month of December 2017 @ ` 150
per share against the fair market value of ` 250 per share on the date of exercise of
option by Ms. Nandini. The fair market value was computed in accordance with the
method prescribed under the Act.
(vii) Professional tax ` 2,500 (out of which ` 1,800 was paid by the employer).
Compute the total Income of Ms. Nandini for the assessment year 2018 -19. (Assume that
Ms. Nandini pays tax on the receipt basis). (5 Marks)

(b) Mr. Sharma, a resident individual, aged 40 years, suffers from severe disability as
certified by medical authority. He gives the following information for the previous year
2017-18;
(i) He had written a book for Himalaya Publication on "Yoga and its benefits". A lump
sum amount of royalty income earned in the previous year 2017-18 amounted to
` 6,00,000. Expenses incurred for writing the book amounted to ` 20,000.
(ii) His friends gifted a statue of Lord Ganesh to his daughter Ms. Diya (aged 14 years)
on the successful completion of her secondary school. Fair market value of the
statue is ` 55,000.
(iii) The following gift was received on the occasion of his son's (aged 10 years) thread
ceremony;
 from in-laws a gold chain worth ` 35,000
(iv) He had deposited ` 50,000 in fixed deposit with Bank of Baroda in the name of his
son in March 2016. Interest earned on such deposit ` 5,000.
(v) He donated ` 5,000 in cash to Swabhiman, a NGO set up for the destitute (the
association was registered under section 80G of the Income-tax Act, 1961).
(vi) He paid life insurance premium on his life ` 10,000 (sum assured ` 1,00,000)
Compute the gross total income of Mr. Sharma for the assessment year 2018-19.
(5 Marks)
Answer
(a) Computation of total income of Ms. Nandini for the A.Y. 2018-19
Particulars `
Basic Salary [` 32,000 x 12] 3,84,000
Dearness allowance [10% of basic salary] 38,400
Bonus [Taxable in the P.Y. 2017-18, assuming that the same was not 32,000
subject to tax in P.Y. 2016-17]
Fixed Medical Allowance [Taxable] 20,000
Reimbursement of Medical expenditure incurred for her father-in law 3,000
[Fully taxable, since father-in law is not included in the meaning of
“family”].
Facility of laptop [Facility of laptop is an exempt perquisite, whether used Nil
for official or personal purpose or both]
Reimbursement of salary of domestic servant [` 1,000 x 12] [Fully taxable, 12,000
since perquisite includes any sum paid by the employer in respect of any
obligation which would have been payable by the employee]

Value of equity shares allotted to her [500 equity shares x ` 100 (` 250, 50,000
being the fair market value – ` 150, being the amount recovered)]
Professional tax paid by the employer [Perquisite includes any sum paid
by the employer in respect of any obligation which would have been 1,800
payable by the employee]
Gross Salary 5,41,200
Less: Deduction under section 16
Professional tax paid 2,500
Taxable Salary/Gross Total Income 5,38,700
Less: Deduction under Chapter VI-A Nil
(b) Computation of gross total income of Mr. Sharma for the A.Y.2018-19
Particulars ` `
Income from Other Sources
Royalty 6,00,000
Less: Expenses incurred for writing book 20,000 5,80,000
Value of Statue of Lord Ganesh 55,000

[The fair market value of the statue (sculpture) received
by his minor daughter as gift (not on account of her skill)
from his friends would be taxable, since its value exceeds
` 50,000. It would be included in the hands of Mr.
Sharma, assuming his income before considering
clubbing provisions is higher than his wife].
Less: Exemption 1,500
53,500
Value of Gold Chain Nil
[The Fair market value of ` 35,000 of gold chain received
on occasion of his son’s thread ceremony would be
exempt, since it is received from a relative.]
Interest on Fixed Deposit in the name of his son 5,000
[It would be included in the hands of Mr. Sharma,
assuming his income before considering clubbing
provisions is higher than his wife]
Less: Exemption 1,500 3,500

Question 4
(a) Mr. Dheeraj, a resident individual, is a dealer of food grains. During the previous year
2017-18, total turnover of his business was ` 80 lakhs (out of which ` 15 lakhs was
received in account payee cheques and balance in cash). He estimates similar turnover
in the previous year 2018-19. As suggested by his tax consultant, Mr. Dheeraj wants to
opt for computation of profit and gains of business on presumption basis under section
44AD for the previous year 2018-19.
Guide Mr. Dheeraj relating to the provisions of advance tax with its due date along with
the amount payable, if he opts for the above mentioned presumptive taxation. (5 Marks)
(b) Mr. Sharad, set up a manufacturing unit of detergent powder in notified backward area on
20th April, 2017. He purchased the following machineries (falling under 15% block) during
the previous year 2017-18.
Amount
(` lakhs)
(i) Machinery A, Machinery B and Machinery C from XYZ Limited 45
on credit (installed on 20 th June, 2017)
(ii) Machinery D from Suyog Limited (installed on 5 th September, 25
2017). The Invoice was paid through a cash payment on the
same day.
(iii) Machinery E from Den Limited (a second hand Machine dealer) 5
on 15th December, 2017 (The payment for the purchase invoice
was made through NEFT on 2 nd January, 2018)
Compute the depreciation allowance under section 32 of the Income-tax Act, 1961 for the
assessment year 2018-19. (5 Marks)
Answer
(a) Computation of advance tax of Mr. Dheeraj under Presumptive Income scheme as
per section 44AD
The total turnover of Mr. Dheeraj, a dealer of food grain, is ` 80 lakhs. Since his total
turnover from such business is less than ` 200 lakhs, he is eligible to opt for presumptive
tax scheme under section 44AD.
Profits and gains from business computed under section 44AD:
Particulars `
6% of ` 15 lakhs, being turnover effected through account 90,000
payee cheque
8% of ` 65 lakhs, being cash turnover 5,20,000
6,10,000

An eligible assessee opting for computation of profits and gains o f business on

presumptive basis under section 44AD in respect of eligible business is required to pay
advance tax of the whole amount on or before 15 th March of the financial year.
Computation of tax liability of Mr. Dheeraj
Tax on 6,10,000
Upto ` 2,50,000 Nil
` 2,50,001 – ` 5,00,000@5% 12,500
` 5,00,001 – ` 6,10,000@20% 22,000 34,500
Add: Education cess@2% 690
Secondary and higher education cess@1% 345
Tax liability 35,535
Tax liability (Rounded off) 35,540
Mr. Dheeraj is required to pay advance tax of ` 35,540 on or before 15 th March of the
financial year. However, any amount by way of advance tax on or before 31 st March of
the financial year shall also be treated as advance tax paid during the financial year
ending on that day for all the purposes of the Act.
Note –
Though the total turnover and its components are stated to be the similar for P.Y.2017 -18
and P.Y.2018-19, the question specifically states that Mr. Dheeraj wishes to opt for
presumptive taxation for P.Y.2018-19. However, since A.Y.2018-19 is the relevant
assessment year for November, 2018 examination, computation of tax liability is made on
the basis of the rates and cess applicable for that year.
If the tax liability is computed applying the rates and cess applicable for A.Y.2019-20 as
per the requirement of the question, the advance tax payable would be ` 35,880. The
workings for computation of tax liability, in this case, would be as follows –
Computation of tax liability of Mr. Dheeraj
Tax on 6,10,000
Upto ` 2,50,000 Nil
` 2,50,001 – ` 5,00,000@5% 12,500
` 5,00,001 – ` 6,10,000@20% 22,000 34,500
Add: Health and Education cess@4% 1,380

Tax liability 35,880

Tax liability (Rounded off) 35,880
(b) Computation of depreciation under section 32 for A.Y. 2018-19
Particulars ` `
Machinery A. Machinery B and Machinery C acquired 45,00,000
from XYZ Ltd. and installed on 20.06.2017 2
Machinery D acquired from Suyog Ltd. in cash and NIL
installed on 5.9.2017 [Since payment of ` 25 lakhs is
made otherwise than by account payee cheque/bank
draft or use of ECS, the said amount will not be included
in actual cost and hence, depreciation not allowable]
Second hand Machinery E from Den Ltd on 15.12.2017
assuming it is installed and put to use in P.Y. 2017-18. 5,00,000
Actual Cost 50,00,000
Depreciation for P.Y.2017-18
Depreciation@15% on Machineries A, B and C on ` 45 6,75,000
lakhs
Depreciation@7.5% (50% of 15%) on ` 5 lakhs for
Machinery E since it is put to use for less than 180 days 37,500
7,12,500
Additional Depreciation@35% on ` 45 lakhs, since the 15,75,000
machinery is acquired and installed for a manufacturing
unit set up in a notified backward area
Additional depreciation is not allowable on second hand -

machinery
Depreciation under section 32 for A.Y. 2018-19 22,87,500
Note – It is assumed that the notified backward area is in one of the four States – Andhra
Pradesh, Telangana, West Bengal or Bihar.
2
Assuming that the payment is made to XYZ Ltd by way of account payee cheque/ bank draft or by use of
ECS and the machineries were put to use for more than 180 days during the previous year.

Question 5
Mr. Rajeev submits the following information for the previous year 2017-18:
(Amount in `)
(i) Income from salary 6,50,000
(ii) Income from House-I 55,000
(iii) Loss from House-II (self-occupied property) 1,25,000
(iv) Loss from House-III 190,000
(v) Loss from leather business 68,000
(vi) Profit from cloth business 1,70,000
(vii) Business loss of chemical business acquired by inheritance 45,000
(viii) Brought forward loss of discontinued business of textile relating 50,000
to financial year 2012-13
(ix) Long term capital gain on transfer of listed equity shares on 75,000
which STT was paid
(x) Short term capital loss in equity oriented funds on which STT was 35,000
paid
(xi) Income from crossword puzzles 12,000
(xii) Dividend from foreign company 8,500
(xiii) Loss on owning and maintenance of race horses 7,500
(xiv) Income from owning and maintenance of race bulls 9,000
(xv) Mr. Rajeev had taken an education loan from XYZ Bank for his
niece who is dependent on him for pursuing full time MBA course
on 2nd April, 2017. During the year, interest on loan was due for
` 55,000. However, he paid towards principal and interest
` 90,000 and ` 30,000 respectively.
Compute the gross total income and losses to be carried forward of Mr. Rajeev for
assessment year 2018-19. (10 Marks)
Answer
Gross Total Income of Mr. Rajeev for A.Y. 2018-19
Particulars ` `
Salaries
Income from salary 6,50,000
Less: Loss from house property of ` 2,60,000, restricted to 2,00,000
4,50,000

Income from house property

Income from House I 55,000
Less: Loss from House II (self-occupied) 1,25,000
Loss from House III 1,90,000 3,15,000
(2,60,000)
Set-off of loss from house property against salary income, 2,00,000
restricted to
Loss to be carried forward to A.Y. 2019-20 (60,000)
Profits and gains of business or profession
Profit from cloth business 1,70,000
Less: Loss from leather business 68,000
1,02,000
Less: Business loss of chemical business acquired by
inheritance 45,000
57,000
Less: B/f loss of discontinued textile business relating to F.Y.
2012-13 (allowed to be set-off since the 8 years time limit has
not expired) 50,000 7,000
Capital gains
Long term capital gains of ` 75,000 on transfer of listed equity -
shares on which STT has been paid is exempt.
Short term capital loss in equity-oriented funds on which STT is -
paid ` 35,000 to be carried forward to A.Y. 2019-20 since such
loss can be set-off only against capital gains and not against
income under any other head
Income from other sources
Income from owning and maintenance of race bulls 9,000
Loss of ` 7,500 from the activity of owning and maintenance of

race horses cannot be set-off against any source other than
income from the activity of owning and maintaining race horses. Nil
Hence, such loss has to be carried forward to A.Y. 2019-20.
Income from crossword puzzles 12,000
Dividend from foreign company 8,500
29,500

Losses to be carried forward to A.Y.2019-20:

Particulars `
Loss from house property 60,000
[to be carried forward for set-off against income from house property]
Short-term capital loss in equity oriented funds on which STT was paid 35,000
[to be carried forward for set-off against capital gains, long-term or short-term]
Loss from owning and maintaining race horses 7,500
[to be carried forward for set-off against income from the activity of owning and
maintaining race horses]
Note – It is assumed that Mr. Rajeev has filed his return on or before the due date under
section 139(1). Hence, he is eligible to carry forward short-term capital loss and loss on
owning and maintaining race horses.
Question 6
Answer any two from the following three questions:
(a) Examine the applicability of the provisions for tax deduction at source under Income-tax
Act, 1961.
(i) Mr. Z, a resident, is due to receive ` 95,000 on 01.10.2017 towards maturity
proceeds of LIC policy taken on 01.10.2012 for which sum assured was ` 90,000
and the annual premium was ` 15,000.
(ii) Mudra Ltd., an advertising company, has retained a sum of ` 15 Lakhs, towards
charges for procuring and canvassing advertisement, from payment of ` 1 crore due
to Cloud TV, A television channel and remitting the balance amount of ` 85 Lakhs
to the television channel. Would the provisions of Tax deduction at source under
section 194H be attracted on the sum of ` 15 Lakhs retained by the advertising
company?
(iii) Mr. X is salaried Individual pays rent of ` 55,000 per month to Mr. Y (does not have
PAN) from June 2017. Is he required to deduct TDS? If so, when is he required to
deduct tax? Mr. X vacated the premises on 31 st December, 2017. (5 Marks)
(b) Mr. Subramaniam, due to inadvertent reasons failed to file his Income Tax return for
assessment year 2017-18.
(i) Can he file the above return in the year 2018-19? If yes, when is the last date to file
the above return?
(ii) What are the consequences of non-filing the return within the due date under
section 139(1)? (5 Marks)

(c) The following details are provided by Mr. Pinto, an individual, for the assessment year
2018-19.
Amount (`)
Total estimated tax payable 2,00,000
TDS (estimated but not deducted) 55,000
Determine the advance tax payable with their due dates for the assessment year
2018-19. (5 Marks)
Answer
(a) (i) Maturity proceeds of LIC Policy
The annual premium exceeds 10% of sum assured in respect of a policy taken after
31.03.2012, and consequently, the maturity proceeds of ` 95,000 would not be
exempt in the hands of Mr. Z.
However, the tax deduction provisions are not attracted since the maturity proceeds
are less than ` 1 lakh.
(ii) Charges taken or retained by advertising companies from media companies
for procuring and canvassing advertisement
The relationship between the media company and the advertising agency is that of
a 'principal-to-principal' and, therefore, not liable for TDS. In view of the same, the
CBDT has clarified that no liability to deduct tax at source is attracted on p ayments
made by television channels to the advertising agency for booking or procuring of or
canvassing for advertisements.
Accordingly, in view of the clarification given by CBDT, no tax is deductible at
source on the amount of ` 15 lakhs retained by Mudra Ltd., the advertising
company, from payment due to Cloud TV, a television channel.
(iii) Payment of rent by a salaried individual
Since Mr. X pays rent exceeding ` 50,000 per month in the F.Y. 2017-18, he is
liable to deduct tax at source @5% of such rent for F.Y. 2017-18.
However, since Mr. Y does not provide his PAN to Mr. X, tax would be deductible
@20%, instead of 5%.
Tax has to be deducted from rent payable for the last month of the P.Y.2017-18.
However, since he vacated the premises in December, 2017, tax has to be deducted
from rent payable for December, 2017.
(b) (i) If any person fails to furnish a return within the time allowed to him under section
139(1), he may furnish the belated return for any previous year at any time -
(i) before the end of the relevant assessment year; or

(ii) before the completion of the assessment,

whichever is earlier.
The last date for filing return of income for A.Y.2017-18, therefore, is 31 st March
2018.
Thereafter, Mr. Subramaniam cannot furnish a belated return after this date.
(ii) Consequences for non-filing return of Income within the due date under
section 139(1)
Carry forward and set-off of certain losses
Carry forward and set-off of business loss, speculation business loss, loss from
specified business, loss under the head “Capital Gains”; and loss from the activity
of owning and maintaining race horses, would not be allowed to be carried
forward, where a return of income is not furnished within the time allowed under
section 139(1).
Interest under section 234A
Interest under section 234A@1% per month or part of the month for the period
commencing from the date immediately following the due date under section 139(1) till
the date of furnishing of return of income is payable, where the return of income is
furnished after the due date.
Fee under section 234F: With effect from assessment year 2018-19, fee of
` 5,000 would be payable under section 234F, if the return of income is not filed
before the due date specified in section 139(1) and ` 10,000 would be the fee
payable under section 234F where the return is furnished after 31 st December of the
assessment year.
However, such fee cannot exceed ` 1,000, if the total income does not exceed
` 5,00,000.
(c) Computation of Advance Tax Payable for the A.Y 2018-19
Particulars `
Tax Payable 2,00,000
TDS (estimated but not deducted), cannot be reduced for
computing advance tax liability Nil
Net Tax Payable 2,00,000

Due dates for payment of advance tax

Due date of installment Amount payable
On or before 15th June, 2017 ` 30,000
[15% of ` 2,00,000]
On or before ` 60,000
15th September, 2017 [` 90,000 (45% of ` 2,00,000) less ` 30,000,
(amount paid in earlier installment)]
On or before ` 60,000
15th December, 2017 [` 1,50,000 (75% of ` 2,00,000) Less ` 90,000
(amount paid in earlier installment or
installments)]
On or before 15th March, 2018 ` 50,000,
[` 2,00,000 (whole amount of advance tax
liability less ` 1,50,000 (amount paid in earlier
installment or installments)]

PAPER – 4 : TAXATION
SECTION B: INDIRECT TAXES

“Question No. 7 is compulsory.
Attempt any four questions from the rest.
Working notes should form part of the respective answers.
All questions should be answered on the basis of the position of GST law as amended upto
30th April, 2018.”
Question 7
(a) Worldwide Pvt. Ltd. (a registered taxable person) having the gross receipt of ` 50 lakh in
the previous financial year provides the following information relating to their services for
the month of July, 2018.
Sr. Particulars Amount (` )
No.
(1) Running a boarding school 2,40,000
(2) Fees from prospective employer for campus interview 1,70,000
(3) Education services for obtaining the qualification recognised by 3,10,000
law of foreign country
(4) Renting of furnished flats for temporary stay to different persons 1,20,000
(Rent per day is less than ` 1,000 per person)
(5) Conducting Modular Employable Skill Course, approved by 1,40,000
National Council of Vocational Training
(6) Conducting private tuitions amount 3,00,000
Compute the value of taxable supply and the amount of GST payable. The above
receipts don't include the GST amount. Rate of GST is 18%. (6 Marks)
(b) M/s J & Co. Chartered Accountants, a partnership firm, having its registered and head
office in Mumbai and registered under the GST Act in the State of Maharashtra only. It
does not have any branches in other State. The gross receipts of the firm in the Financial
Year 2017-18 was ` 60 lakh. Firm has submitted following information for the month of
August, 2018:
The Suggested Answers for Paper 4B: Indirect Taxes are based on the basis of the position of
GST law as amended by the significant notifications/circulars issued till 30th April, 2018.

Particulars Amount (` )
(excluding GST)
Professional services provided and bills raised during the 1,00,000
month for providing services of ITR filing and income tax
consultancy
Internal Audit of X Pvt. Ltd. at their office in Mumbai (registered 50,000
in the State of Maharashtra)
Statutory audit services provided to M/s Tirupati Trading Pvt. 70,000
Ltd. at Ahmedabad (registered in the State of Gujarat)
Firm has also furnished following information in respect of input services availed from
registered dealers for providing output services during the month August, 2018:
Particulars Amount (` ) CGST SGST IGST
(excluding
GST)
Services availed from courier agency 5,000 450 450 Nil
Railway travelling expenses from Mumbai 12,000 Nil Nil 600
to Ahmedabad and Return Ticket for
conducting of audit of M/s Tirupati Trading
Pvt. Ltd. for 3 Tier AC
Service availed from another professional 20,000 3,600 Nil Nil
firm at Mumbai amount is paid without
TDS u/s 194J of Income Tax Act
Notes:
(i) Rate of CGST, SGST and IGST to be 9%, 9% & 18% respectively, on outward
supplies.
(ii) All the conditions necessary for availing the ITC have been fulfilled.
(iii) Opening balance of available input tax credit is Nil for CGST, SGST and IGST.
Compute the net gst payable by M/s J & Co. for the month August, 2018 after adjusting
the GST credit. Brief reasoning should form part of your answer. (4 Marks)
Answer
(a) Computation of value of taxable supply and amount of GST payable
S.No. Particulars `
(1) Running a boarding school Nil
[Services provided by an educational institution to its students,
faculty and staff are exempt.]

(2) Fees from prospective employer for campus interview 1,70,000

[Not exempt.]
(3) Education services for obtaining the qualification recognised by 3,10,000
law of foreign country
[An institution providing education services for obtaining
qualification recognized by a foreign country does not qualify as
educational institution. Thus, said services are not exempt.]
(4) Renting of furnished flats for temporary stay of different persons Nil
[Exempt assuming that rent / declared tariff is less than
` 1,000 per day.**]
(5) Conducting Modular Employable Skill Course Nil
[An institution providing Modular Employable Skill Course
qualifies as educational institution. Services provided by an
educational institution to its students, faculty and staff are
exempt.]
(6) Conducting private tuitions 3,00,000
[Not exempt.]
Value of taxable supply 7,80,000
GST payable @ 18% 1,40,400
**Note: It has been assumed that total rent per day is less than ` 1,000 per flat. However, if
it is assumed that total rent per day exceeds ` 1,000 per flat, services of renting of flats
become taxable and thus, value of taxable supply and GST payable is ` 9,00,000 and
` 1,62,000 respectively.
(b) Computation of net GST payable by M/s J & Co. for the month of August, 2018
S. Particulars CGST SGST IGST (` )
No. (`) (`)
(i) Professional services and services of ITR 9,000 9,000 -
filing and IT consultancy [` 1,00,000]
(ii) Internal audit services [` 50,000] 4,500 4,500 --
(iii) Statutory audit services [` 70,000] - - 12,600
Total GST 13,500 13,500 12,600
Less: ITC (Refer working note) 450 450 4,200
Net GST payable 13,050 13,050 8,400

Working note: Computation of ITC available for set-off
S. Particulars CGST SGST IGST

No. (`) (`) (`)
(1) ITC on courier services [` 5,000] 450 450 -
(2) ITC on railway travelling expenses for conducting -- -- 600

of audit of M/s Tirupati Pvt. Ltd. [` 12,000]
(3) ITC on services availed from another professional 3,600

firm at Mumbai [` 20,000]
Total ITC 450 450 4,200
Note: Read amount of GST ` 3,600 given against services availed from another
professional firm at Mumbai as given against IGST . However, it is also possible to
assume the said amount of ` 3,600 as entirely the amount of CGST (as given in
question) or as ` 1,800 - CGST and SGST each.
Question 8
(a) JP Charitable Institution, an entity registered under Section 12AA of Income Tax Act,
1961 and registered in GST, has furnished you the following details with respect to the
activities undertaken by it during the month of January, 2018. You are required to
compute its taxable value of GST from the information given below, assuming that the
rate of GST is 18%. Brief reasoning should be part of your answer.
Particulars Amount (` )
Excluding GST
Membership fees received from members 10,00,000
Amount received for advancement of educational programs relating 4,00,000
to abandoned or orphaned or homeless children
Amount received for renting of commercial property owned by Trust 5,00,000
Amount received for counselling of terminally ill person 3,50,000
Fees charged for Yoga Camp conducted by Trust 2,00,000
Amount received relating to preservation of forest & wildlife 6,00,000
(5 Marks)
(b) Mr. XYZ & Co., a firm of Chartered Accountants, issued invoice for services rendered to
Mr. A on 7th September, 2017. Determine the time of supply in the following independent
cases:
(1) The provision of service was completed on 1 st August, 2017.

(2) The provision of service was completed on 14th August, 2017.

(3) Mr. A made the payment on 3 rd August, 2017 where provision of service was
remaining to be completed.
(4) Mr. A made the payment on 15 th September, 2017 where provision of service was
remaining to be completed. (5 Marks)
Answer
(a) Computation of value of taxable supply of J P Charitable Institution for the month
of January, 2018
Particulars `
(i) Membership fees received from members 10,00,000
(ii) Amount received for advancement of educational programs relating Nil
to abandoned/orphaned/homeless children
(iii) Amount received for renting of commercial property owned by 5,00,000
Trust1
(iv) Amount received for counselling of terminally ill person Nil
(v) Fee charged for Yoga Camp conducted by Trust Nil
(vi) Amount received relating to preservation of Forest & Wildlife Nil
Taxable Value 15,00,000
Charitable activities provided by an entity registered under
section 12AA of the Income-tax Act, 1961 are exempt.
Since JP Charitable Institution is registered under section 12AA of
the Income-tax Act, 1961 and activities mentioned at points (ii), (iv),
(v) and (vi) are included in charitable activities, the same are
exempt.
(b) Time of supply will be:

(A) if the invoice is issued within 30 days of supply of service,
date of invoice
OR
date of receipt of payment,
whichever is earlier
1 It has been logically assumed that the commercial property owned by the Charitable Trust is not within the
precincts of a religious place meant for general public.

(B) if the invoice is not issued within 30 days of supply of service,

date of provision of service
OR
date of receipt of payment,
whichever is earlier
In accordance with aforesaid provisions, time of supply is:
1. 01.08.2017 since the invoice is not issued within 30 days of supply of service.
2. 07.09.2017 since the invoice is issued within 30 days of supply of service.
3. 03.08.2017 viz. earlier of 07.09.2017 or 03.08.2017
4. 07.09.2017 viz. earlier of 07.09.2017 or 15.09.2017
Question 9
(a) M/s Maheshwari Corporation Pvt. Ltd. is a supplier of goods and services at Bangalore,
registered in the State of Karnataka, having turnover of ` 200 lakhs in the last financial
year. It has furnished the following information for the month of June, 2018.
Sr. No. Particulars Amount (` )
Excluding GST
1 Services provide by way of labour contract for repairing a 1,30,000
single residential unit otherwise than as a part of
residential complex (It is an intra-State transaction.)
2 Intra-State sale of taxable goods including ` 50,000 2,50,000
received as advance in April, 2018. The invoice for the
entire sale value is issued on 15th June ,2018
3 Goods transport services received from GTA, GTA is 1,80,000
paying tax @ 12 % (It is an inter-State transaction.)
4 Goods purchased from unregistered dealer on 20 th June, 80,000
2018 (Inter-State purchases are worth ` 45,000 and
balance purchases were intra-State).
Compute net GST liability (CGST, SGST, IGST as the case may be) of M/s Maheshwari
Corporation Pvt. Ltd. for the month of June, 2018 assuming the rates of GST, unless
otherwise specified, as under:
CGST – 9%, SGST – 9%, IGST – 18% (5 Marks)
(b) Harshgeet Pvt. Ltd., a registered supplier, is engaged in the manufacture of taxable
goods. The company provides the following information pertaining to GST paid on the
purchases made/input services availed by it during the month of July, 2018:

Sr. Particulars GST paid

No
(1) Raw Material (to be received in September, 2018) 2,50,000
(2) Membership of a club availed for employees working in the factory 1,45,000
(3) Inputs to be received in 5 lots, out of which 3 rd lot was received 80,000
during the month
(4) Trucks used for transport of raw material 40,000
(5) Capital goods (out of 3 items, invoice for 2 items is missing and 1,50,000
GST paid on that item is ` 80,000)
Determine the amount of tax credit available with Harshgeet Pvt. Ltd. for the month of
July, 2018 by giving the necessary explanation for treatment of various items. All the
conditions necessary for availing the ITC have been fulfilled. (5 Marks)
Answer
(a) Computation of net GST liability of M/s Maheshwari Corporation Pvt. Ltd.
Particulars Value of CGST SGST IGST
Supply (`) (`) (`)
Services provided by way of labour contracts 1,30,000 11,700 11,700 -
for repairing a single residential unit
otherwise than as a part of residential
complex
[Services by way of pure labour contracts of
construction, erection, commissioning, or
installation of original works pertaining to a
single residential unit otherwise than as a
part of a residential complex are exempt.
Labour contracts for repairing are thus,
taxable.]
Intra State sale of taxable goods 2,50,000 22,500 22,500
[Time of supply of goods is the time of issue
of invoice. So, advance received in April,
2018 will also be taxed in June, 2018]
Goods purchased from unregistered dealer Nil Nil Nil
on 20th June, 2018
[All intra-State and inter-State procurements
made by a registered person from
unregistered person have been exempted
from reverse charge liability.]

Less: ITC of GST paid on GTA services (21,600)

received
[Since GTA is paying tax @ 12%, tax is
payable under forward charge. Further, ITC
of IGST (` 1,80,000× 12% = 21,600) paid on
the same is available]
Net GST liability 12,600 34,200 Nil
As per order of utilization of ITC, ITC of IGST has been used to pay CGST as there is no
IGST liability.
(b) Computation of ITC available with Harshgeet Pvt. Ltd. for the month of July, 2018
Particulars `
Raw Material Nil
[ITC not available as raw material is not received in July, 2018]
Membership of a club availed for employees working in the factory Nil
[Blocked credit in terms of section 17(5) of the CGST Act, 2017]
Inputs to be received in 5 lots, out of which 3rd lot was received during the Nil
month
[In case of goods received in lots, ITC can be taken only upon receipt of the
last lot]
Trucks used for transport of raw material 40,000
[ITC of GST paid on motor vehicles is allowed only when used, inter alia, for
transportation of goods in terms of section 17(5) of the CGST Act, 2017]
Capital goods 70,000
[ITC of GST paid on items for which invoice is missing is not available. So,
ITC of ` 80,000 is not available]
Total ITC available 1,10,000
Question 10
(a) (i) There is a dairy farm selling milk and milk products in Delhi. The turnover of his dairy
farm is as below :
Milk (Exempted) : ` 19,90,000
Butter (Taxable) : ` 50,000
What is the registration liability under GST for the above mentioned person
assuming he has same PAN? (2 Marks)
(ii) Amit, a taxable person, is operating in Tamilnadu, Punjab and West Bengal, with the
same PAN. Can he operate with a single registration in West Bengal? (2 Marks)

(b) (i) Mr. X is running a consulting firm and also a readymade garment showroom in Kolkata
registered in same PAN. Turnover of the showroom is ` 70 lakh and receipt of
consultancy firm is ` 15 lakh in the preceding financial year. You are required to answer
the following:
(1) Is Mr. X eligible for composition scheme?
(2) Is it possible for Mr. X to opt for composition scheme only for showroom?
(2 Marks)
(ii) Differentiate between direct and indirect taxes (Give any two points) (2 Marks)
(c) Can a person get himself voluntarily registered though he may not be liable to pay GST?
(2 Marks)
Answer
(a) (i) Every supplier becomes liable to registration if his aggregate turnover in a financial year
exceeds ` 20 lakh in a State/UT [` 10 lakh in case of Special Category States other
than Jammu and Kashmir].
Further, aggregate turnover, inter alia, means the aggregate value of all taxable
supplies as well as exempt supplies.
Thus, in the given case, aggregate turnover:
= ` 19,90,000 + ` 50,000
= ` 20,40,000
Since aggregate turnover of the dairy farm in Delhi exceeds ` 20 lakh, it is liable to
get registered.
(ii) No, Amit cannot operate with a single registration in West Bengal if he is making taxable
supplies from Tamilnadu and Punjab also. Every person who is liable to take a
registration will have to get registered separately for each of the States where he has a
business operation and is liable to pay GST .
However, if he is not making taxable supplies from Tamilnadu and Punjab, he can
operate with a single registration in West Bengal.
(b) (i) A registered person, whose aggregate turnover in the preceding financial year did not
exceed ` 1 crore in a State/UT [` 75 lakh in case of Special Category States except
Jammu and Kashmir and Uttarakhand], may opt for composition scheme.
However, he shall not be eligible to opt for composition scheme if, inter alia, he is
engaged in the supply of services other than restaurant services.

(1) In the given case, since Mr. X is engaged in the supply of consultancy service, he
is not eligible to opt for composition scheme irrespective of its turnover in the
preceding financial year.
(2) No, it is not possible for Mr. X to opt for composition scheme only for showroom as
all the registrations under the same PAN have to opt for composition scheme and
since the supply of consultancy service is ineligible for composition scheme,
supply of readymade garments too becomes ineligible for composition scheme.
(ii) (a) In case of direct taxes, the person paying the tax to the Government directly bears
the incidence of the tax whereas in case of indirect taxes, the person paying the
tax to the Government collects the same from the ultimate consumer, i.e. incidence
of tax is shifted to the other person.
(b) Direct taxes are progressive in nature - high rate of taxes for people having higher
ability to pay. However, indirect taxes are regressive in nature - All the consumers
equally bear the burden, irrespective of their ability to pay.
(c) Yes. a person, though not liable to be registered under sections 22 or 24 of CGST Act, 2017
may get himself registered voluntarily. Once a person obtains voluntary registration, he has to
pay tax even though his aggregate turnover does not exceed ` 20 Lakhs / ` 10 Lakhs.
Question 11
(a) Insight Ltd. is operating in West Bengal. The tax liability for the month of August, 2017 is
as follows :
Sl. No. Tax liability West Bengal (` )
(1) Output CGST payable 24,000
(2) Output SGST payable 9,000
(3) Output IGST payable 3,000
(4) Input CGST 7,000
(5) Input SGST 14,000
(6) Input IGST 12,000
Calculate tax payable and carry forward for the month of August, 2017. (4 Marks)
(b) M/s Software Limited reduced the amount of ` 2,00,000 from the output tax liability in
contravention of provisions of section 42(10) of the CGST Act, 2017 in the month of
December 2017, which is ineligible credit. A show cause notice was issued by the Tax
Department to pay tax along with interest. M/s Software Limited paid the tax and interest
on 31st March, 2018. Calculate interest liability (Ignore penalty). (4 Marks)

(c) The aggregate turnover of Vikas Enterprise of Mumbai (Maharashtra) has exceeded
` 20 lakh on 25th January, 2018. It submits the application for registration on
15th February, 2018. Registration certificate is granted on 20 th February, 2018. Determine
the effective date of registration under CGST Act, 2017. (2 Marks)
Answer
(a) Computation of net tax payable and carry forward for the month of August, 2017
Particulars CGST (` ) SGST (`) IGST (`)
Output tax payable 24,000 9,000 3,000
Less: Input tax credit [Refer note (7,000)-CGST (14,000)-SGST (3,000)-IGST
below]
(9,000)-IGST
Net GST payable 8,000 (5000)
Nil Nil
Note: ITC of IGST has been used to pay IGST and CGST in that order. Further, ITC of SGST
cannot be utilised towards payment of CGST.
(b) A taxable person who makes an undue or excess claim of input tax credit shall pay interest
@ 24% p.a. on such undue or excess claim. The period of interest will be from the date
following the due date of payment to the actual date of payment of tax.
Due date of payment is 20 th January, 20182.
Period for which interest is due = 21 st January, 2018 to 31st March, 2018
=70 days
Thus, interest liability = ` 2,00,000 x 24% x 70/365
=` 9,205 (approx.)
(c) A supplier whose aggregate turnover in a financial year exceeds ` 20 lakh in a State/UT [`10
lakh in Special Category States except Jammu and Kashmir] is liable to apply for registration
within 30 days from the date of becoming liable to registration.
Where the application is submitted within said period, the effective date of registration is the
date on which the person becomes liable to registration; otherwise it is the date of grant of
registration.
2 It has been most logically assumed that the output tax liability for the month of November, 2017 is reduced
at the time of payment of said liability in the month of December, 2017. However, it is also possible to
assume that output tax liability for the month of December, 2017 is reduced. In that case, interest will be due
for a period of 101 days and interest liability will be ` 13,282 (approx.).

Since Vikas Enterprise applied for registration within 30 days of becoming liable to
registration, the effective date of registration is 25 th January, 2018.
Question 12.
Attempt any two parts out of (a), (b) & (c).
(a) What kinds of invoice details of outward supplies are required to be furnished in GSTR-1
for outward supplies? (5 Marks)
(b) Discuss the provisions relating to issuance of credit notes and debit notes under CGST
Act and rules there under. (5 Marks)
(c) State whether the following supplies would be treated as supply of goods or supply of
services as per Schedule II of CGST Act:
(i) Renting of immovable property
(ii) Transfer of right in goods without transfer of title in goods.
(iii) Works contract services
(iv) Temporary transfer of permitting use or enjoyment of any intellectual property right
(v) Sale of personal car to dealer. (5 Marks)
Answer
(a) The invoice details of outward supplies required to be furnished in GSTR-1 are - name of
Buyer, GSTN of buyer, invoice no., date, value, taxable value, rate of tax, amount of tax,
HSN code in respect of supply of goods, accounting code in respect of supply of services
and place of supply.
Further, following invoice details of outward supplies are required to be furnished invoice-
wise in GSTR-1 –
(i) intra-State supplies made to the registered persons
(ii) inter-State supplies made to the registered persons;
(iii) inter-State supplies made to unregistered persons with invoice value exceeding
` 2,50,000
Note: The question may be answered either on the basis of invoice details of outward
supplies required to be furnished in GSTR-1 or on the basis of invoice details of outward
supplies required to be furnished invoice-wise in GSTR-1.
(b) Credit note is required to be issued:-
(i) if taxable value charged in the tax invoice is found to exceed the taxable value in
respect of supply of goods and/or services, or
(ii) if tax charged in the tax invoice is found to exceed the tax payable in respect of
supply of goods and/or services, or

(iii) if goods supplied are returned by the recipient, or

(iv) if goods and/or services supplied are found to be deficient.
Debit note is required to be issued
(i) if taxable value charged in the tax invoice is found to be less than the taxable value
in respect of supply of goods and/or services or
(ii) if tax charged in the tax invoice is found to be less than the tax payable in respect of
supply of goods and/or services
(c) (i) Renting of immovable property would be treated as supply of services in terms of
Schedule-II of CGST Act, 2017.
(ii) As per Schedule-II of CGST Act, 2017, transfer of right in goods without transfer of title
in goods would be treated as supply of services.
(iii) As per Schedule-II of CGST Act, 2017, works contract services would be treated as
supply of services.
(iv) As per Schedule-II of CGST Act, 2017, temporary transfer of permitting use or
enjoyment of any intellectual property right would be treated as supply of services.
(v) As per Schedule-II of CGST Act, 2017, sale of personal car to dealer would be treated
as supply of goods as any transfer of the title in goods is a supply of goods.
However, it is also possible to take view that sale of personal car to dealer is not a
supply per se as supply is not made by the individual in the course or furtherance of
business – in terms of CBIC FAQs [Q. 10 of Chapter 4 -Meaning and scope of supply].
Note: The question may be answered on the basis of either of the two views.

54595bos43759 p4 PDF

Uploaded by

Copyright:

Available Formats

54595bos43759 p4 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

54595bos43759 p4 PDF

Uploaded by

Copyright:

Available Formats

PAPER – 4 : TAXATION

SECTION – A: INCOME TAX

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

allowable to company assessee only]

© The Institute of Chartered Accountants of India

Less: Depreciation allowable under the Income-tax Act, 1961 [See

1 R. Dalmia vs. CIT (1982) 133 ITR 169 (Del.)

© The Institute of Chartered Accountants of India

Tax liability 2,081

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

OPTION 2 (House I – deemed to be let out and House II – self-occupied)

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

Value of Statue of Lord Ganesh 55,000

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

An eligible assessee opting for computation of profits and gains o f business on

© The Institute of Chartered Accountants of India

Tax liability 35,880

Additional depreciation is not allowable on second hand -

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

Income from house property

Loss of ` 7,500 from the activity of owning and maintenance of

© The Institute of Chartered Accountants of India

Losses to be carried forward to A.Y.2019-20:

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

(ii) before the completion of the assessment,

© The Institute of Chartered Accountants of India

Due dates for payment of advance tax

© The Institute of Chartered Accountants of India

SECTION B: INDIRECT TAXES

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

(2) Fees from prospective employer for campus interview 1,70,000

© The Institute of Chartered Accountants of India

Working note: Computation of ITC available for set-off

S. Particulars CGST SGST IGST

(1) ITC on courier services [` 5,000] 450 450 -

(2) ITC on railway travelling expenses for conducting -- -- 600

(3) ITC on services availed from another professional 3,600

© The Institute of Chartered Accountants of India

(2) The provision of service was completed on 14th August, 2017.

(b) Time of supply will be:

© The Institute of Chartered Accountants of India

(B) if the invoice is not issued within 30 days of supply of service,

© The Institute of Chartered Accountants of India

Sr. Particulars GST paid

© The Institute of Chartered Accountants of India

Less: ITC of GST paid on GTA services (21,600)

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India