PAPER – 4 : TAXATION

SECTION A : INCOME TAX LAW

Question No.1 is compulsory.
Candidates are also required to answer any five questions from the remaining six questions.
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. Hari, aged 55 years, a resident individual and practicing Chartered Accountant, furnishes
you the receipts and payments account for the financial year 2017-18.
Receipts and Payments Account
Receipts ` Payments `
Opening Balance Staff salary, bonus and stipend to 20,50,000
(01-04-2017) articled clerks
Cash & Bank 20,000 Other general and administrative 12,00,000
expenses
Fee from professional service 39,60,000 Office rent 48,000
Motor car loan from SBI 2,00,000 Life Insurance Premium 23,000
@10% interest per annum
Motor car (Acquired in January 2018 4,00,000
by way of online payment)
Books bought (annual publication by 22,000
credit card)
Computer acquired on 1-11-2017 for 25,000
professional use
Domestic drawings 2,50,000
Motor car maintenance 12,000
Public Provident Fund subscription 1,40,000
Closing balances (31-03-2018)
Cash & Bank 10,000
41,80,000 41,80,000

The Suggested Answers for Paper 4A: Income-tax law 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.

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 2 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Other information:
(i) Motor car was put to use for both official and personal purposes.1/4th of the motor car is
for personal purpose. No interest on car loan was paid during the year.
(ii) Mr. Hari purchased a flat in Jaipur for ` 15,00,000 in July 2012 cost of which was partly
financed by a loan from State Bank of India of ` 10,00,000@10% interest, his own-
savings ` 1,00,000 and a deposit from Bank of Baroda for ` 4,00,000. The flat was given
to Bank of Baroda on lease for 10 years @ ` 40,000 per month. The following particulars
are relevant:
(a) Municipal taxes paid by Mr. Hari ` 4,200 per annum
(b) House insurance ` 1,000
(iii) He earned ` 1,00,000 in share speculation business and lost ` 1,50,000 in commodity
speculation business.
(iv) Mr. Hari received a gift of ` 15,000 each from four of his family friends.
(v) He contributed ` 1,11,000 to Prime Minister's Draught Relief Fund by way of bank draft.
(vi) He donated to a registered political party ` 3,00,000 by way of cheque.
Compute the total income of Mr. Hari and the tax payable for the Assessment year 2018 -19.
(10 Marks)
Answer
Computation of total income and tax liability of Mr. Hari for A.Y. 2018 -19

Particulars ` ` `
Income from house property
Gross annual value 1 (` 40,000 x 12) 4,80,000
Less: Municipal taxes paid by Mr. Hari 4,200
Net annual value 4,75,800
Less: Deductions under section 24
(a) 30% of Net Annual Value 1,42,740
(b) Interest on house borrowing 2 1,00,000
(` 10,00,000 x 10%)
2,33,060

1 Rent receivable has been taken as the gross annual value in the absence of other information
2 Assuming the entire amount of loan is still outstanding

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 PAPER – 4 : TAXATION 3

Profits and gains of business or profession

Income from profession
Fees from professional services 39,60,000
Less: Expenses allowable as deduction
- Staff salary, bonus and stipend 20,50,000
- Other general and administrative expenses 12,00,000
- Office rent 48,000
- Motor car maintenance (` 12,000 x 3/4) 9,000
- Car loan interest – not allowable (since the
same has not been paid during the year) - 33,07,000
[Refer Note 1]
6,53,000
Less: Depreciation u/s 32
- Motor car ` 4,00,000 x 15% x 50% x ¾, being 22,500
put to use for less than 180 days
- Books being annual publications 8,800
[`22,000 x 40%] [Refer Note 2]
- Computer @40% of `25,000 x 50%, since the
same is put to use for less than 180 days,
assuming that payment was made through
A/c payee cheque/bank draft or ECS through
bank account [Refer Note 3]] 5,000 36,300

For the P.Y. 2017-18, the gross receipts of 6,16,700

Mr. Hari is ` 39,60,000. Since, it does not exceed
` 50,00,000, he is eligible to opt for presumptive
tax scheme under section 44ADA
In such case, his professional income would be
` 19,80,000, being 50% of ` 39,60,000
It is more beneficial for Mr. Hari to declare profit
of ` 6,16,700 as per books of accounts which is
lower than the profits computed on presumptive
basis under section 44ADA. However, for
declaring lower profits, he has to maintain books
of account under section 44AA and get the same
audited under section 44AB

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 4 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Income from share speculation business 1,00,000

Less: Loss from commodity speculation business
set off against income from share speculation
business. Balance loss of ` 50,000 from
commodity speculation business to be carried 1,00,000 Nil
forward to A.Y. 2019-20 6,16,700
Income from other sources
Cash Gift of ` 60,000 i.e., ` 15,000 x 4, received
from his four friends is taxable u/s 56(2)(x), since 60,000
the same exceeds ` 50,000
Gross Total Income 9,09,760
Less: Deductions under Chapter VI-A
Section 80C
Life insurance premium 23,000
PPF subscription 1,40,000
1,63,000
Restricted to ` 1,50,000 1,50,000
Section 80G
Contribution to Prime Minister’s Drought Relief 55,500
Fund (50% of ` 1,11,000) by way of bank draft
Section 80GGC
Donation to registered political party made by way 3,00,000
of cheque
5,05,500
Total Income 4,04,260
Tax liability
Tax @5% on ` 1,54,260 [` 4,04,260 - ` 2,50,000, 7,713
being basic exemption limit]
Add: Education cess@2% 154
Secondary and higher education cess@1% 77
Tax liability 7,944
Tax liability (Rounded off) 7,940
Notes:
(1) It is assumed that the same has also not been paid on or before the due date under
section 139(1), hence disallowance under section 43B is attracted, if he is following
mercantile basis of accounting. If it is assumed that the payment has been made on or
before due date under section 139(1), disallowance under this section would not be

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 PAPER – 4 : TAXATION 5

attracted and the same [i.e., ` 2,00,000 x 10% x 3/12 x 3/4 i.e., ` 3,750] would be
allowed as deduction. If it is assumed that he is following cash basis of accounting, it
would, in any case, not be allowed
(2) As per second proviso to section 43(1), in computing actual cost, the expenditure for
acquisition of asset, for which payment is made to a person in a day exceeds ` 10,000
has to be ignored, if such payment is made otherwise than by way of A/c payee cheque/
bank draft or ECS. In this case, the books are purchased and payment of ` 22,000 is
made by credit card. In the above solution, depreciation has been allowed on the
assumption that payment has not been made to the same person on the same day.
Alternatively, assuming that payment has been made to the same person on the same
day, it is possible to take a view that depreciation would not be admissible on such sum
based on the plain reading of the section and strict interpretation thereof that such
payment has to be made only by way of account payee cheque or bank draft or ECS for
the purpose of inclusion of such sum in actual cost. In such a case, the business income
would be ` 6,25,500, the gross total income would be ` 9,18,560, the total income
would be ` 4,13,060, and the tax liability (rounded off) would be ` 8,400.
(3) Since the question is silent regarding the mode of payment for purchase of computers ,
depreciation is allowed on computers assuming that payment is made by way of A/c
payee cheque/ bank draft or ECS through bank account. However, if it is assumed that
payments for purchase of computers is made otherwise than by way of A/c payee
cheque/ bank draft or ECS through bank account, no depreciation would be admissible
on computers. The total income and tax liability (rounded off) would be ` 4,09,260 and
` 8,200, respectively.
Question 2
Star Enterprises has transferred its unit R to A Ltd. by way of Slump Sa le on January 23,
2018. The summarised Balance Sheet of Star Enterprises as on that date is given below:
Liabilities Amount Assets Amount
(` In lacs) (` In lacs)
Own Capital 1,750 Fixed Assets:
Accumulated P & L balance 670 Unit P 200
Liabilities: Unit Q 150
Unit P 90 Unit R 600
Unit Q 160 Other Assets:
Unit R 140 Unit P 570
Unit Q 850
Unit R 440
Total 2,810 Total 2,810

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 6 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Using the further information below, compute the Capital Gains arising from slump sale of Unit
R for Assessment year 2018-19 from slump sale of Unit R for Assessment year 2018-19.
(i) Slump sale consideration on, transfer of Unit R was ` 930 lacs.
(ii) Fixed Assets of Unit R includes land which was purchased at ` 110 lacs in the year 2008
and was revalued at ` 140 lacs.
(iii) Other fixed assets are reflected at ` 460 lacs, (i.e., ` 600 lacs less value of land) which
represents written down value of those assets as per books. The written down value of
these assets is ` 430 lacs.
(iv) Unit R was set up by Star Enterprises in Oct, 2006.
Note: Cost Inflation Indices for the financial year 2006-07 and financial year 2017-18 are 122
and 272, respectively. (10 Marks)
Answer
Computation of capital gain on slump sale of Unit R for A.Y. 2018-19

Particulars `
Full value of consideration 9,30,00,000
Less: Deemed cost of acquisition (Net worth is deemed to be the cost of
acquisition) [Refer Working Note below] 8,40,00,000
Long-term capital gain [Since the Unit is held for more than 36 months] 90,00,000
Working Note: Net worth of Unit-R
Particulars `
Cost of Land (Revaluation not to be considered) 1,10,00,000
WDV of other depreciable fixed assets as per the Income-tax Act, 1961 4,30,00,000
Other Assets (book value) 4,40,00,000
9,80,00,000
Less: Liabilities 1,40,00,000
Net worth 8,40,00,000
Notes:
(1) In case of slump sale, net worth of the undertaking transferred shall be deemed to be the
cost of acquisition and cost of improvement as per section 50B.
(2) “Net worth” of the undertaking shall be the aggregate value of total assets of the
undertaking or division as reduced by the value of liabilities of such undertaking or
division as appearing in the books of accounts.

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 PAPER – 4 : TAXATION 7

However, any change in the value of assets on account of revaluation shall not be
considered for this purpose
(3) For calculating aggregate value of total assets of the undertaking or division in case of
slump sale in case of depreciable assets, the written down value of block of assets
determined in accordance with the provisions contained in section 43(6) of Income-tax
Act, 1961 is to be considered and for all other assets, book value is to be considered.
(4) Since Unit R is held by the assessee for more than 36 months, the capital gain arising
from slump sale is a long-term capital gain.
(5) Indexation benefit is not available in case of slump sale
Question 3
Compute the Gross Total Income in the hands of an individual, if he is
(a) a resident and ordinary resident; and
(b) a non-resident for the A. Y. 2018-19.
S. Amount
No. Particulars (`)

(i) Interest from German Derivatives Bonds (1/3 received in India) 21,000
(ii) Income from agriculture land situated in Malaysia, remitted to 51,000
India
(iii) Income earned from business in Dubai controlled from India
(` 20,000 received in India) 75,000
(iv) Profit from business in Mumbai, controlled from Australia 1,75,000
(v) Interest received from Mr. Ashok (NRI) on loan provided to him 35,000
for business in India
(vi) Dividend from Brown Ltd., an Indian Company, u/s 115-O of 30,000
Income-tax Act,1961
(vii) Profit from business in Canada controlled from Mumbai (60% of 60,000
profits deposited in a bank in Canada and 40% remitted to
India).
(viii) Amount received from an NRI for the use of know-how for his 8,00,000
business in Singapore
(ix) Dividend received from foreign company in India. 25,000
(x) Past years untaxed foreign income brought to India. 50,000
(10 Marks)

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 8 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Answer
Computation of Gross Total Income for the A.Y. 2018-19
Resident Non-
Particulars and resident
ordinarily
resident `
`
(i) Interest from German Derivative Bonds (1/3 rd 21,000 7,000
received in India) [Refer Note at the end]
(ii) Income from agriculture land situated in Malaysia, 51,000 -
remitted to India [Refer Note at the end]
[Taxable only in the hands of resident and ordinarily
resident, since agriculture income arises from land
situated outside India]
(iii) Income earned from business in Dubai, controlled 75,000 20,000
from India (`20,000 received in India) [Refer Note at
the end]
(iv) Profit from business in Mumbai, controlled from 1,75,000 1,75,000
Australia
[Since the income accrues or arises in India, the
same is taxable in the hands of the resident and non-
resident]
(v) Interest received from Mr. Ashok (NRI) on loan 35,000 35,000
provided to him for business in India
[Since interest is payable by non-resident for the
loan used for business in India, such income is
deemed to accrue or arise in India u/s 9(1)(v).
Consequently, such income is taxable in the hands
of both the resident and non-resident]
(vi) Dividend from Brown Ltd., an Indian Co. under - -
section 115-O of the Income-tax Act, 1961
[Exempt u/s 10(34), in the hands of both resident
and ordinarily resident and non-resident, since the
dividend does not exceed `10,00,000]
(vii) Profit from business in Canada controlled from 60,000 -
Mumbai (60% of profits deposited in a bank in
Canada and 40% remitted to India) [Refer Note at
the end]

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 PAPER – 4 : TAXATION 9

(viii) Amount received from an NRI for the use of know- 8,00,000 -
how for his business in Singapore
[Since the amount is received for the use know-how
for his business outside India, the same is not
deemed to accrue or arise in India as per section
9(1)(vii). Accordingly, such income is not taxable in
case of the non-resident, assuming that the amount
is received outside India]
(ix) Dividend received from foreign company in India 25,000 25,000
[Taxable both in the hands of resident and ordinarily
resident and non-resident, since the income is
received in India and no exemption is available in
respect of dividend from foreign company]
(x)
Past years untaxed foreign income brought to India
[Not taxable, since it does not represent income of
the P.Y. 2017-18] - -
Gross Total Income 12,42,000 2,62,000

Note: In case of a resident and ordinarily resident, global income is taxable as per section 5(1).
However, in case of a non-resident, only the following incomes are chargeable to tax as per
section 5(2):
(i) Income received or deemed to be received in India; and
(ii) Income accruing or arising or deemed to accrue or arise in India.
Therefore, income from German derivative bonds, income from agriculture land in Malaysia,
income earned from business in Dubai and profit from business in Canada would be fully taxable
in the hands of the resident and ordinarily resident, even though such income accrues or arises
outside India, since global income is taxable in case of a resident and ordinarily resident.
However, in case of a non-resident, such income would be taxable only to the extent it is
received in India. Subsequent remittance to India, would however, not attract taxability of such
income in India in the hands of the non-resident.
Question 4
Mr. Honey is working with a domestic company having a production unit in the U.S.A. for last
15 years. He has been regularly visiting India for export promotion of company's product. He
has been staying in India for atleast 184 days every year.
He submits the following information:
Salary received outside India (For 6 months) ` 50,000 P.M
Salary received in India (For 6 months) ` 50,000 P.M.

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 10 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

He has been given rent free accommodation in U.S.A. for which company pays ` 15,000 per
month as rent, but when he comes to India, he stays in the guest house of the company.
During this period he is given free lunch facility.
During the previous year, company incurred an expenditure of ` 48,000 on this facility.
He has been provided a car of 2000 cc capacity in U.S.A. which is used by him for both office
and private purposes. The actual cost of the car is ` 8,00,000. But when he is in India, the car
is used by him and the members of his family only for personal purpose. The monthly
expenditure of car is ` 5,000. His elder son is studying in India for which his employer spends
` 12,000 per year whereas his younger son is studying in U.S.A. and stays in a hostel for
which Mr. Honey gets ` 3,000 per month as combined allowance.
The company has taken an accident insurance policy and a life insurance policy. During the
previous year, the company paid premium of ` 5,000 and ` 10,000, respectively.
Compute Mr. Honey's taxable income from salary for the Assessment Year 2018-19.
(10 Marks)
Answer
Since Mr. Honey stays in India for atleast 184 days every year, he is resident and ordinarily
resident in India, every year. Therefore, his global income would be taxable in India. The
salary received by him in India and outside India would be taxable in India as per the
provisions of the Income-tax Act, 1961.
Computation of total income from salary of Mr. Honey for the A.Y. 2018-19
Particulars ` `
Basic Salary
Salary received outside India for 6 months (` 50,000 x 6) 3,00,000
Salary received in India for 6 months (` 50,000 x 6) 3,00,000 6,00,000
Children Education and Hostel Allowance
Amount received from employer (` 3,000 x 12) 36,000
[No exemption is available in respect of allowance received for
any education or hostel facility of children outside India] Nil
36,000
Perquisites:
Value of rent-free accommodation in USA 95,400
Lower of:
- 15% of ` 6,36,000 (Basic Salary + Children Education and 95,400
Hostel Allowance)
- Rent paid by employer = ` 15,000 x 12 1,80,000
Value of guest house in India -
[not taxable, since it is provided for stay when he visits India
wholly for official purposes]

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 PAPER – 4 : TAXATION 11

Lunch facility provided by employer [Taxable perquisite, 48,000

since the value exceeds ` 50 per meal] [See Note 1 below]
Motor car provided by employer [`14,400 + ` 70,000] [See 84,400
Note 2 below]
Used for both official and personal purposes for 6 months when 14,400
he is in US. Hence, the perquisite value is `14,400 [` 2,400 x
6], since cubic capacity exceeds 1.6 litres, assuming that
expenses are fully met by employer
Used for personal purposes by his family members for 6
months when he is in India
Actual running and maintenance expenditure 3
[` 5,000 x 6] 30,000
Normal wear and tear [10% of actual cost of motor 40,000 70,000
car for 6 months] = ` 8,00,000 x 10% x 6/12
Education expenditure of elder son in India met by 12,000
employer [Fully taxable perquisite]
Life insurance premium paid by the employer – any sum 10,000
payable by the employer to effect an assurance on the life of
the employee is a taxable perquisite
Accident insurance premium paid by employer – exempt
perquisite, since such policy is taken by the employer in
business interest so as to indemnify the company from -
payment of compensation.
Gross Salary 8,85,800
Less: Deductions under section 16 Nil
Taxable Salary 8,85,800
Notes:
(1) Lunch facility provided to Mr. Honey is a taxable perquisite as per Rule 3(7)(iii). The
benefit under the proviso to this Rule would be available only if the value does not
exceed ` 50 per meal. In this case since the value far exceeds ` 50 per meal, the
benefit under the proviso to Rule 3(7)(iii) is not available. The above solution has been
worked out accordingly.
However, in page 17 of the CBDT Circular No. 29/2017 dated 5.12.2017, the method of
valuation of perquisite of free lunch facility has been explained. As per the said circular,
a fixed sum of ` 50 per meal has to be reduced to arrive at the value of perquisite of free
food provided by the employer. If the beneficial view given in the circular is considered
for answering this question, an assumption as to the number of working days per month
has to be made and thereafter, calculation for 6 months has to be made to arrive at the
value of taxable and exempt perquisite of provision of lunch facility.

3 It is assumed that the same is fully met by the employer

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 12 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

(2) In the above solution, the perquisite value of motor car provided by employer has been
worked out assuming that the employer fully meets the running and maintenance
expenses. However, if expenses of running and maintenance of motor car are fully met
by Mr. Honey himself, then, the value of perquisite of motor car would be as follows :
Particulars `
Motor car provided by employer [`5,400 + `40,000]
Used for both official and personal purposes for 6 months when he is 5,400
in US. Hence, the perquisite value is `900 p.m., since cubic capacity
exceeds 1.6 litres,
Used for personal purposes by his family members for 6 months
when he is in India
Normal wear and tear [10% of actual cost of motor car for 6 months]
= ` 8,00,000 x 10% x 6/12 40,000
45,400
In this case, the taxable salary would be `8,46,800.
Question 5
(a) Discuss the taxability of the following receipts in the hands of Mr. Sanjay Kamboj under
the Income-tax Act, 1961 for A.Y. 2018-19:
(i) ` 51,000 received from his sister living in US on 1-6-2017.
(ii) Received a car from his friend on payment of ` 2,50,000, the FMV of which was
` 5,50,000.
Provisions of taxability or non-taxability must be discussed. (3 Marks)
(b) Mr. Avani, a resident aged 25 years, manufactures tea leaves from the Tea plants grown
by him in India. These are then sold in the India market for ` 40 lakhs. The cost of
growing tea plants was ` 15 lakhs and the cost of manufacturing tea leaves was
` 10 lakhs.
Compute her tax liability for the Assessment Year 2018-19. (7 Marks)
Answer
(a) (i) Not taxable
Cash gift of ` 51,000 received from his sister, being a relative, would not be taxable
in the hands of Mr. Sanjay Kamboj under section 56(2)(x), even though the amount
exceeds ` 50,000.

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(ii) Not Taxable

Car is not included in the definition of “property”, for the purpose of taxability of gifts
in kind, in the hands of the recipient under the head “Income from other sources”.
Hence, ` 5,50,000, being the fair market value of car received for inadequate
consideration from his friend is not taxable under section 56(2)(x) in the hands of
Mr. Sanjay Kamboj, even though the difference between the purchase price and
FMV exceeds ` 50,000 and the gift is received from a non-relative.
(b) Computation of tax liability of Ms. Avani for the A.Y. 2018-19
In cases where the assessee himself grows tea leaves and manufactures tea in India,
then, as per Rule 8 of 40% of profit on sale of tea is taxable as business income under
the head “Profits and gains from business or profession”, and the balance 60% is
agricultural income, which is exempt from tax.
Profits from manufacture and sale of tea = ` 40 lakhs – ` 15 lakhs – ` 10 lakhs = ` 15
lakhs
Agricultural Income = 60% of ` 15 lakhs = ` 9 lakhs
Business Income = 40% of ` 15 lakhs = ` 6 lakhs.
The tax liability of Ms. Avani has to be computed applying the concept of partial integration,
since her total income comprises of both agricultural income and non-agricultural income
and her agricultural income exceeds ` 5,000 p.a and her non-agricultural income exceeds
the basic exemption limit i.e., ` 2,50,000 (applicable, in her case).
Accordingly, her tax liability would be computed in the following manner:
Particulars `
Tax on total income of ` 15,00,000, being agricultural income and 2,62,500
non-agricultural income
Less: Tax on agricultural income and basic exemption limit i.e.,
`11,50,000 [` 9,00,000 plus ` 2,50,000] 1,57,500
1,05,000
Add: Education cess@2% 2,100
Secondary & higher education cess@1% 1,050
Total Tax liability 1,08,150
Question 6
(a) Mr. Madhav made a gift of ` 2,50,000 to his handicapped son, Master Tapan who was
aged 12 years as on 31 st March 2016, which he deposited in a fixed deposit account in a
Nationalised bank at 10% interest p.a. 'compounded 'annually. The balance in this

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 14 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

account as on 1st April, 2017 was ` 2,75,000 and the bank credited a sum of
` 27,500 as interest on 31st March, 2018.
Madhav's father gifted equity shares worth ` 50,000 of an Indian company to Master
Manan, another son of Mr. Madhav (Date of birth 10th April, 2010) in July 2010 which
were purchased by him on 8 th December, 2004 for ` 80,000. Manan received a dividend
of ` 5,000 on these shares in October 2017. He sold these shares on
1st November, 2017 for ` 5,00,000 and deposited ` 3,00,000 in a company at 15%
interest per annum.
Cost Inflation Index
Financial Year Cost Inflation Index
2004-05 113
2010-11 167
2017-18 272
Mr. Madhav has a taxable income of ` 3,50,000 from his profession during the financial
year 2017-18.
Compute his Gross Total Income for the A.Y. 2018-19. (5 Marks)
(b) Briefly mention the provisions of Income-tax Act, 1961 with regard to quoting Aadhar
Number under section 139AA of the Act. (5 Marks)
OR
(1) State whether quoting of PAN in the following transactions is mandatory or not, as
per the provisions of Income-tax Act, 1961 for A.Y. 2018-19:
(i) Mr. A makes cash payment to a hotel Radisson BIu, Ahmedabad of ` 50,000
against the bill raised by the hotel.
(ii) Mr. Abhishek, in a single transaction, makes contract of `1,20,000 for
sale/purchase of securities (other than shares) as defined in section 2(h) of the
Securities Contracts (Regulation) Act, 1956.
(iii) Payment to Mutual Funds of ` 70,000 for purchase of its units.
Your answers must be supported with reasons. (3 Marks)
(2) Briefly mention the concept of self-assessment tax u/s 140A of the Income-tax Act,
1961 and its components. (2 Marks)
Answer
(a) Computation of Gross Total Income of Mr. Madhav for the A.Y. 2018-19
Particulars ` ` `
Income from profession 3,50,000

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Income of minor son Manan

Capital gains
Full value of consideration 5,00,000
Less: Indexed Cost of Acquisition [` 80,000 x
272/167] 1,30,299 3,69,701
Income from Other Sources
Dividend of ` 80,000 on equity shares [Exempt -
u/s 10(34)]
Interest on company deposit
[` 3,00,000 x 15% x 5/12] 18,750 18,750
3,88,451
Less: Exemption u/s 10(32) in respect of income of
minor child 1,500
3,86,951
Gross Total Income 7,36,951

Notes:
(1) As per section 64(1A), in computing the total income of an individual, all such
income accruing or arising to a minor child shall be included. However, income of a
minor child suffering from disability specified under section 80U would not be
included in the income of the parent but would be taxable in the hands of the minor
child. Therefore, in this case, interest income of ` 27,500 arising to handicapped
son, Master Tapan, would not be clubbed with the income of Mr. Madhav
(2) Income of the other minor child, Master Manan, is includible in the hands of Mr.
Madhav, assuming that Mr. Madhav’s income is higher than that of his wife.
(3) In the above solution, the indexed cost of acquisition has been computed by
taking into consideration the first year in which Master Manan held the asset,
i.e., F.Y.2010-11, as per the definition given in clause (iii) of Explanation below
section 48. However, as per the view expressed by Bombay High Court in CIT
v. Manjula J. Shah 16 Taxman 42, in case the cost of acquisition of the capital
asset in the hands of the assessee is taken to be cost of such asset in the
hands of the previous owner, the indexation benefit would be available from the
year in which the capital asset is acquired by the previous owner. If this view is
considered, the indexed cost of acquisition would have to be calculated by
considering the Cost Inflation Index of F.Y.2004-05. The solution based on
alternate view is given as under:

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 16 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Computation of gross total income of Mr. Madhav for the A.Y. 2018-19
Particulars ` ` `
Income from profession 3,50,000
Income of minor son Manan
Capital gains
Full value of consideration 5,00,000
Less: Indexed Cost of Acquisition [` 80,000 x 1,92,566 3,07,434
272/113]
Income from Other Sources
Dividend on equity shares [Exempt u/s 10(34)] -
Interest on company deposit [` 3,00,000 x 15%
x 5/12] 18,750 _18,750
3,26,184
Less: Exemption u/s 10(32) in respect of income
of minor child __1,500
3,24,684
Gross Total Income 6,74,684
(b) [First Alternative]
Provisions of Income-tax Act, 1961 relating to quoting of Aadhar Number under
section 139AA
Every person who is eligible to obtain Aadhar Number is required to mandatorily quote
Aadhar Number, on or after 1 st July, 2017:
(a) in the application form for allotment of Permanent Account Number (PAN)
(b) in the return of income
The provisions of section 139AA relating to quoting of Aadhar Number would, however, not
apply to an individual who does not possess the Aadhar number or Enrolment ID and is:
(i) residing in the States of Assam, Jammu & Kashmir and Meghalaya;
(ii) a non-resident as per Income-tax Act, 1961;
(iii) of the age of 80 years or more at any time during the previous year;
(iv) not a citizen of India.
If a person does not have Aadhar Number, he is required to quote Enrolment ID of
Aadhar application form issued to him at the time of enrolment in the application form for
allotment of PAN or in the return of income furnished by him.

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Every person who has been allotted PAN as on 1st July, 2017, and who is eligible to
obtain Aadhar Number, shall intimate his Aadhar Number to prescribed authority on or
before a date as may be notified by the Central Government.
(b) [Second Alternative]
(1) Requirement of quoting PAN in respect of certain transactions [Rule 114B of
Income-tax Rules, 1962]
(i) PAN not required to be quoted: Mr. A is not required to quote his PAN while
making payment ` 50,000 in cash to a hotel Radisson Blu, Ahmedabad, since
such payment does not exceed ` 50,000.
(ii) PAN is mandatorily required to be quoted: Mr. Abhishek is required to quote
his PAN while making contract of ` 1,20,000 for sale/purchase of securities
(other than shares) as defined in section 2(h) of the Securities Contracts
(Regulation) Act, 1956, since amount of the transaction exceeds ` 1,00,000.
(iii) PAN is required to be quoted: PAN has to be mandatorily quoted while
making payment of ` 70,000 to Mutual Funds for purchase of its units, since
such payment exceeds ` 50,000.
(2) Concept of self-assessment tax under section 140A
Where any tax is payable on the basis of any return required to be furnished under,
inter alia, section 139, after taking into account -
(i) the amount of tax, already paid, under any provision of the Income-tax Act, 1961
(ii) the tax deducted or collected at source
the assessee shall be liable to pay such tax together with interest and fees pay able
under any provision of this Act for any delay in furnishing the return or any default or
delay in payment of advance tax before furnishing the return.
The return shall be accompanied by the proof of payment of such tax, interest and fee.
Where the amount paid by the assessee under section 140A(1) falls short of the
aggregate of the tax, interest and fees as aforesaid, the amount so paid shall first
be adjusted towards the fees payable and thereafter, towards interest and the
balance shall be adjusted towards the tax payable.
Question 7
(a) Indicate the three situations where the return of income has to be compulsorily filed u/s
139(1) of the Income-tax Act, 1961. (3 x 2 = 6 Marks)
(b) Briefly explain the purpose for which the words "PROVISO" and "EXPLANATION" are
incorporated under various sections of the Income-tax Act, 1961. (2 + 2 = 4 Marks)

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 18 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Answer
(a) Situations where Return of Income has to be compulsorily filed under section 139(1)
(i) Companies and firms (whether having profit or loss or nil income);
(ii) a person, being a resident other than not ordinarily resident, who holds, as
beneficial owner or otherwise, any asset (including any financial interest in any
entity) located outside India or has signing authority in any account located outside
India, or is a beneficiary of any asset (including any financial interest in any entity)
whether or not having income chargeable to tax;
(iii) Individuals, HUFs, AOPs or BOIs and artificial juridical persons whose total income
before giving effect to the provisions of section 10(38) and Chapter VI -A deductions
exceeds the basic exemption limit.
(b) Proviso: The Proviso to a section is incorporated to specify the exception(s) to the
provision contained in the respective section i.e., the proviso spells out the cases where
the provision contained in the respective section would not apply or where the provision
contained in the respective section would apply with certain modification.
Explanation: An Explanation is incorporated in a section to provide a clarification
relating to the provision contained in that section. Generally, an Explanation is
clarificatory in nature.

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 PAPER – 4 : TAXATION 19

SECTION B: INDIRECT TAXES

Question No. 8 is compulsory.
Candidates are also required to answer any three questions from the remaining four
questions.
All questions should be answered on the basis of position of GST law as amended upto
31st October,2017.
Working notes should form part of the answer.
Wherever necessary, suitable assumptions may be made by the candidates and disclosed by
way of note.
Question 8
(a) Mr. Ajay, a registered supplier of goods, pays GST under regular scheme and provides
the following information for the month of August 2017:
Particulars (` )
(i) Inter-state taxable supply of goods 10,00,000
(ii) Intra state taxable supply of goods 2,00,000
(iii) Intra state purchase of taxable goods 5,00,000
He has the following input tax credit at the beginning of August 2017:
Nature ITC Amount in (`)
CGST 20,000
SGST 30,000
lGST 25,000
Rate of CGST, SGST and IGST are 9%, 9% and 18% respectively.
Both inward and outward supplies are exclusive of taxes wherever applicable.
All the conditions necessary for availing the ITC have been fulfilled. Compute the net
GST payable by Mr. Ajay for the month of August 2017. (6 Marks)
(b) Fun Pharma Private Limited, a registered supplier is engaged in the manufacture o f
taxable goods. The company provides the following information of GST paid on the
purchases made/input services availed by it during the month of September 2017 :
Particulars GST paid (`)

(i) Purchase of cabs used for the transportation of its employees 3,30,000
Inputs consisting of three lots, out of which first lot was
(ii) 1,25,000
received during the month

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 20 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Capital Goods (out of three items, invoice for one item was
(iii) 2,50,000
missing and GST paid on that item was ` 25,000)
(iv) Outdoor catering service availed on Women's day 72,000
Determine the amount of input tax credit available with M/s Fun Pharma Private Limited
for the month of September, 2017 by giving necessary explanations for treatment of
various items. All the conditions necessary for availing the input tax credit have been
fulfilled. (4 Marks)
Answer
(a) Computation of net GST payable by Mr. Ajay for the month of August, 2017
Working of GST payable on Outward supplies
S.No. Particulars (`) GST (`)
(i) Intra-State taxable supply of goods
CGST @ 9% on ` 2,00,000 18,000
SGST @ 9% on ` 2,00,000 18,000 36,000
(ii) Inter-State taxable supply of goods
IGST @ 18% on ` 10,00,000 1,80,000
Computation of total ITC
Particulars CGST @ 9% SGST @ 9% IGST @
(`) (`) 18%(`)
Opening ITC 20,000 30,000 25,000
Add: ITC on Intra-State purchases of 45,000 45,000
taxable goods valuing ` 5,00,000
Total ITC 65,000 75,000 25,000
Computation of GST payable from cash ledger
Particulars CGST @ 9% (`) SGST @ 9% (`) IGST @ 18% (`)
GST payable 18,000 18,000 1,80,000
Less: ITC (18,000)-CGST (18,000)-SGST (25,000)-IGST
(47,000)-CGST
(57,000)-SGST
Net GST payable Nil Nil 51,000
Note: ITC of IGST, CGST & SGST have been used to pay IGST in that order.

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 PAPER – 4 : TAXATION 21

(b) Computation of input tax credit (ITC) available with Fun Pharma Private Limited for
the month of September, 2017
Particulars `
Purchase of cabs used for the transportation of its employees [Note-1] Nil
Inputs consisting of three lots, out of which first lot was received during the Nil
month [Note-2]
Capital goods [Note-3] 2,25,000
Outdoor catering service availed on Women’s day [Note-4] Nil
Total ITC 2,25,000
Notes:-
1. Section 17 of CGST Act, 2017 provides that ITC on motor vehicles can be availed,
inter alia, when they are used for making the taxable supply of transportation of
passengers i.e., if the taxable person is in the business of transport of passengers.
In the given case, since the supplier is a manufacturer, it cannot avail credit on cabs
used for transportation of its employees.
2. When inputs are received in instalments, ITC can be availed only on receipt of last
instalment in terms of section 16 of CGST Act, 2017.
3. ITC cannot be taken on missing invoice. The registered person should have the
invoice in its possession to claim ITC vide section 16 of CGST Act, 2017 .
4. ITC on outdoor catering is specifically disallowed unless the same is used for
making outward taxable supply of the same category or as an element of the
taxable composite or mixed supply in terms of section 17 of CGST Act, 2017.
Question 9
(a) Candy Blue Ltd., Mumbai, a registered supplier, is manufacturing Chocolates and
Biscuits. It provides the following details of taxable inter-state supply made by it for the
month of October, 2017.
Particulars Amount in
(`)
List price of goods supplied inter-state 12,40,000
Items already adjusted in the price given in (i) above:
(1) Subsidy from Central Government for supply of biscuits to 1,20,000
Government School.
(2) Subsidy from Trade Association for supply of quality biscuits. 30,000

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 22 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

Items not adjusted in the price given in (i) above:

(3) Tax levied by Municipal Authority 24,000
(4) Packing Charges 12,000
(5) Late fee paid by the recipient of supply for delayed payment of 5,000
invoice
Calculate the value of taxable supply made by M/s Candy Blue Ltd. for the month of
October, 2017. (5 Marks)
(b) Explain the meaning of the term "recipient of supply of goods and/or services" under the
CGST Act, 2017. (5 Marks)
Answer
(a) Computation of value of taxable supply made by Candy Blue Ltd. for the month of
October, 2017
Particulars `
List Price of the goods 12,40,000
Add: Subsidy amounting to ` 1,20,000 received from Central Government NIL
[Since subsidy is received from Government, the same is not
includible in the value in terms of section 15 of the CGST Act,
2017.]
Subsidy received from Trade Association [Since subsidy is 30,000
received from a non-Government body, the same is includible in
the value in terms of section 15 of the CGST Act, 2017.]
Tax levied by the Municipal Authority [Includible in the value as 24,000
per section 15 of the CGST Act, 2017]
Packing charges [Being incidental expenses, the same are 12,000
includible in the value as per section 15 of the CGST Act, 2017]
Late fees paid by recipient of supply for delayed payment
[Includible in the value as per section 15 of the CGST Act, 2017] 5,000
Value of taxable supply 13,11,000
Note: In the above solution, list price of the goods and late fee for delayed payment of invoice
have been assumed to be exclusive of taxes.
(b) Recipient of supply of goods or services or both, means —
(a) where a consideration is payable for the supply of goods or services or both, the
person who is liable to pay that consideration;

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 PAPER – 4 : TAXATION 23

(b) where no consideration is payable for the supply of goods, the person to whom
the goods are delivered or made available, or to whom possession or use of the
goods is given or made available; and
(c) where no consideration is payable for the supply of a service, the person to
whom the service is rendered,
and (i) any reference to a person to whom a supply is made shall be construed
as a reference to the recipient of the supply, and (ii) shall include an agent
acting as such on behalf of the recipient in relation to the goods or services or
both supplied.
Question 10
(a) M/s Mansh & Vansh Trading Company, a registered supplier, is liable to pay GST under
forward charge. Determine the time of supply from the following information f urnished by
it:
(i) Goods were supplied on 03-10-2017
(ii) Invoice was issued on 05-10-2017
(iii) Payment received on 09-10-2017 (4 Marks)
(b) Examine whether GST is exempted on the following independent supply of services:
(i) Teja & Co, a tour operator, provides services to a foreign tourist for tour
conducted in Jammu & Kashmir and receives a sum of ` 3,00,000.
(ii) Ms. Poorva acts as a Team Manager for Indian Sports League (ISL), a
recognised sports body, for a Tennis tournament organised by Multi brand retail
company and received a remuneration of ` 2,00,000. (3 Marks)
(c) M/s Sai Trading Company, an eligible registered dealer in goods making intra -state
supplies within the state of Andhra Pradesh, has reported an aggregate turnover of
` 78 Lakhs in the preceding financial year.
(i) Determine whether Sai Trading Company will be eligible for composition levy, as
on 31-10-2017.
(ii) Will your answer be different, if in the above scenario, M/s Sai Trading Company is
making intra state supply within the state of Jammu and Kashmir? (3 Marks)
Answer
(a) As per section 12 of CGST Act, 2017, the time of supply of goods, tax on which is
payable under forward charge, is the earlier of the following two dates:
(i) Date of issue of invoice/last date on which the invoice is required to be issued

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 24 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

(ii) Date of receipt of payment 4 i.e., the date on which the payment is recorded in
the books of account of the supplier or date on which the payment is credited to
the supplier’s bank account, whichever is earlier
Further, a registered person is required to issue a tax invoice before or at the time of
removal of goods for supply to the recipient. Thus, in the given case, the invoice for
supply of goods should have been issued on or before the removal of goods i.e., on
03-10-2017.
However, since the invoice has not been issued within the prescribed time, the time of
supply will be the last date on which the invoice is required to be issued (03 -10-2017) or
date of receipt of payment (09-10-2017), whichever is earlier.
Thus, the time of supply of the goods will be 03-10-2017.
(b) (i) Services provided by a tour operator to a foreign tourist are exempt from GST provided
such services are in relation to a tour conducted wholly outside India. Thus, since in the
given case, services provided by Teja & Co. are in relation to a tour conducted within
India, the same are not exempt from GST.
(ii) Services provided by a team manager to a recognised sports body for
participation in a sporting event are exempt from GST provided said sporting
event is organised by a recognized sports body. Thus, since in the given case,
the sporting event is not organised by a recognised sports body, the services
provided by Ms. Poorva are not exempt from GST.
(c) (i) Section 10 of CGST Act, 2017 provides that a registered person, whose aggregate
turnover in the preceding financial year did not exceed `1 crore may opt for composition
scheme. The turnover limit is ` 75 lakh in case of Special Category States. However,
for Jammu and Kashmir and Uttarakhand, the turnover limit is ` 1 crore only.
In the given case, the applicable turnover limit for composition scheme will be
` 1 crore as Andhra Pradesh is not a Special Category State.
Further, since the aggregate turnover of the registered person in the given case
does not exceed ` 1 crore and it satisfies other conditions of composition
scheme namely, not making inter-State supplies of goods, it is eligible for
composition levy.
(ii) Since the turnover limit for determining the eligibilit y for composition scheme in
the State of Jammu and Kashmir is also ` 1 crore, Sai Trading Company will be
eligible for composition levy with other condition of not making inter-State
supplies of goods being fulfilled.

4
It has been assumed that the aggregate turnover of Mansh and Vansh Trading Company in the preceding
financial year is more than ` 1.5 crore.

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Question 11
(a) Determine the effective date of registration in the following instances:
(i) The aggregate turnover of Madhu Ltd., engaged in taxable supply of services in
the state of Punjab, exceeded ` 20 lakh on 25 th August, 2017. It applies for
registration on 19 th September, 2017 and is granted registration certificate on
29 th September, 2017.
(ii) What will be your answer, if in the above scenario, Madhu Ltd. submits the
application for registration on 27 th September, 2017 and is granted registration
on 5 th October, 2017? (4 Marks)
(b) Determine with reason whether the following statements are true or false:
(i) A registered person shall issue separate invoices for taxable and exempted
goods when supplying both taxable as well as exempted goods to an
unregistered person.
(ii) A Non-banking financial company can issue a consolidated tax invoice at the
end of every month for the supply made during that month. (3 Marks)
(c) List any six state levies, which are subsumed in GST. (3 Marks)
Answer
(a) 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 (i.e., the date
of crossing the threshold limit of ` 20 lakh/` 10 lakh).
Where the application is submitted within the 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.
In the given case, the applicable turnover limit for registration will be ` 20 lakh as Punjab
is not a Special Category State.
(i) Since Madhu Ltd. applied for registration within 30 days of becoming liable to
registration, the effective date of registration is 25 th August, 2017.
(ii) In this case, since Madhu Ltd. applies for registration after the expiry of 30 days
from the date of becoming liable to registration, the effective date of registration
is 5 th October, 2017.
(b) (i) The given statement is false.
Where a registered person is supplying taxable as well as exempted goods or
services or both to an unregistered person, a single “invoice -cum-bill of supply”
may be issued for all such supplies.
(ii) The said statement is true.

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 26 INTERMEDIATE (NEW) EXAMINATION: MAY, 2018

By virtue of an amendment, a non-banking financial company has been allowed to

issue a consolidated tax invoice or any other document in lieu thereof for the supply
of services made during a month at the end of the month.
(c) The State levies which are subsumed in GST are as under:-
• State surcharges and cesses in so far as they relate to supply of goods & services
• Entertainment Tax (except those levied by local bodies)
• Tax on lottery, betting and gambling
• Entry Tax (All Forms) & Purchase Tax
• VAT/ Sales tax
• Luxury Tax
• Taxes on advertisements
Note: Any of the six points may be mentioned.
Question 12
Answer any two out of the following three sub divisions:
(a) Discuss the following in terms of provisions of CGST Act, 2017:
When shall the interest be payable by a registered person and what is the maximum rate
of interest chargeable for the same ? (5 Marks)
(b) List the inclusions and exclusions for computing the "Aggregate Turnover" under CGST
Act, 2017. (5 Marks)
(c) Who is required to furnish Final Return under CGST Act, 2017 and what is the time limit
for the same? Discuss. (5 Marks)
Answer
(a) Interest is payable in the following cases:-
• failure to pay tax, in full or in part within the prescribed period,
• undue or excess claim of input tax credit,
• undue or excess reduction in output tax liability.
The maximum rate of interest chargeable for the same is as under-
(a) 18% p.a. in case of failure to pay full/part tax within the prescribed period
(b) 24% p.a. in case of undue or excess claim of input tax credit or undue or excess
reduction in output tax liability.

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(b) Aggregate turnover includes the aggregate value of all:

(i) taxable supplies,
(ii) exempt supplies,
(iii) exports of goods and/or services and
(iv) inter-State supplies of persons having the same PAN.,
to be computed on all India basis
Aggregate turnover excludes: -
(i) value of inward supplies on which tax is payable by a person on reverse charge
basis,
(ii) central tax, State tax, Union territory tax, integrated tax and
(iii) cess
(c) Every registered person who is required to furnish a return u/s 39(1) of the CGST Act,
2017 and whose registration has been surrendered or cancelled shall file a Final Return
electronically in the prescribed form through the common portal.
Final Return has to be filed within 3 months of the:
(i) date of cancellation
or
(ii) date of order of cancellation
whichever is later.

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