Tax Dec 21 Sugessted
Tax Dec 21 Sugessted
Tax Dec 21 Sugessted
(ii) Ms. Juhi, a non-resident in India is engaged in operations which are confined to
purchase of goods in India for the purpose of export. She has earned ` 2,50,000
during the previous year 2020-21.
(iii) Mr. Naveen, a non-resident in India, has earned ` 3,00,000 as royalty for a patent
right made available to Mr. Rakesh who is also a non-resident. Mr. Rakesh has
utilized patent rights for development of a product in India and 50% royalty is
received in India and 50% outside India.
(iv) Mr. James, a NRI, borrowed ` 10,00,000 on 01.04.2020 from Mr. Akash who is also
a non-resident and invested such money in the shares of an Indian Company.
Mr. Akash has received interest @ 12% per annum. (7 Marks)
(b) Ms. Mishika has entered into an agreement with M/s CVM Build Limited on 25.04.2017 in
which she agrees to allow such Company to develop a shopping mall on land owned by
her in New Delhi. She purchased such land on 05.05.2009 for ` 15,00,000. In
consideration, M/s CVM Build Limited will provide 20% share in shopping mall to Mishika.
The certificate of completion of shopping mall was issued by authority as on 26.12.2020.
On such date, Stamp duty value of shopping mall was ` 4,14,00,000. Subsequently on
18.03.2021, she sold her 15% share in shopping mall to Mr. Ketav in consideration of
` 65,00,000.
She has also purchased a house on 09.05.2020 in consideration of ` 46,00,000 and
occupied for own residence. Punjab National Bank has sanctioned a loan of ` 35,50,000
(80% of stamp value) at the interest rate of 12% per annum on 01.05.2020 and
disbursement was made on 01.06.2020. She does not own any other residential house
on the date of sanction of loan. Principal amount of ` 1,30,000 was paid during the
financial year 2020-21.
Cost Inflation Indices: 2020-21: 301, 2009-10: 148
Compute total income of Ms. Mishika for the assessment year 2021-22 assuming that
she has not opted for the provisions under section 115BAC. (7 Marks)
Answer
(a) (i) As per section 9(1)(iii), salaries (including, inter alia, allowances) payable by the
Government to a citizen of India for services rendered outside India shall be
deemed to accrue or arise in India.
Thus, salary received from Government by Mr. Rahul, being a non-resident of
` 7,50,000 for rendering services in Japan would be taxable in his hands, after
allowing standard deduction of ` 50,000.
However, any allowance or perquisites paid or allowed outside India by the
Government to a citizen of India for rendering services outside India wi ll be fully
exempt u/s 10(7). Hence, ` 2,40,000, being the allowance would be exempt.
(ii) In the case of a non-resident, no income shall be deemed to accrue or arise in India
to him through or from operations which are confined to the purchase of goods in
India for the purpose of export.
Thus, income of ` 2,50,000 arising in the hands of Ms. Juhi would not be taxable in
her hands in India, since her operations are confined to purchase of goods in India
for the purpose of export.
(iii) Royalty payable by a non-resident would be deemed to accrue or arise in India in
the hands of the recipient only when such royalty is payable in respect of any right,
property or information used for the purposes of a business or profession carried on
by such non-resident in India or earning any income from any source in India.
In the present case, since Mr. Rakesh, a non-resident, paid the royalty of
` 3,00,000 for a patent right used for development of a product in India, the same
would be taxable in India in the hands of the recipient, Mr. Naveen, a non-resident,
irrespective of the fact that only 50% of the royalty is received in India.
(iv) Interest payable by a non-resident on the money borrowed for any purpose other
than a business or profession in India, would not be deemed to accrue or arise in
India.
In the present case, since Mr. James, a non-resident borrowed the money for
investment in shares of an Indian company, the interest on such borrowing of
` 1,20,000 (` 10,00,000 x 12%) payable to Mr. Akash, a non-resident would not be
deemed to accrue or arise to him in India. Hence, the same would not be taxable in
India in the hands of Mr. Akash.
(b) Computation of total income of Ms. Mishika for the A.Y.2021-22
Particulars Amount Amount
(`) (`)
Income from house property [Self-occupied]
Net Annual Value Nil
Less: Interest on housing loan of ` 3,55,000
[` 35,50,000 x 12% x 10/12 months] restricted to
` 2,00,000/- 2,00,000
(2,00,000)
Less: Set-off of loss against long-term capital gains 2,00,000 Nil
Long-term capital gains on transfer of land under
specified agreement
Since Ms. Mishika transferred her share in the project
after issue of completion certificate, capital gains on
transfer of land handed over to developer under specified
agreement in the P.Y. 2017-18 would be taxable in the
(i) Mr. Mahesh has paid ` 6,00,000 on 15.10.2020 to M/s Fresh Cold Storage Pvt. Ltd.
for preservation of fruits and vegetables. He is engaged in the wholesale business
of fruits & vegetable in India having turnover of ` 3 Crores during the previous year
2019-20.
(ii) Mr. Ramu, a salaried individual, has paid rent of ` 60,000 per month to Mr. Shiv
Kumar from 1st July, 2020 to 31st March, 2021. Mr. Shiv Kumar has not furnished
his Permanent Account Number. (4 Marks)
(b) Examine the following transactions with reference to applicability of the provision of tax
collected at source and the rate and amount of the TCS for the Assessment year
2021-22.
(i) Mr. Kalpit bought an overseas tour programme package for Singapore for himself
and his family of ` 5 lakhs on 01-11-2020 from an agent who is engaged in
organising foreign tours in course of his business. He made the payment by an
account payee cheque and provided the permanent account number to the seller.
Assuming Kalpit is not liable to deduct tax at source under any other provisions of
the Act.
(ii) Mr. Anu doing business of textile as a proprietor. His turnover in the business is
` 11 crores in the previous year 2019-20. He received payment against sale of
textile goods from Mr. Ram of ` 75 lakhs against the sales made to him in the
previous year and preceding previous years. (Assuming all the sales are domestic
sales and Mr. Ram is neither liable to deduct tax on the purchase from Mr. Anu nor
he deducted any tax at source). (4 Marks)
(c) Mr. Ravi, a resident and ordinarily resident in India, owns a let out house property having
different flats in Kanpur which has municipal value of ` 27,00,000 and standard rent of
` 29,80,000. Market rent of similar property is ` 30,00,000. Annual rent was ` 40,00,000
which includes ` 10,00,000 pertaining to different amenities provided in the building.
One flat in the property (annual rent is ` 2,40,000) remains vacant for 4 months during
the previous year. He has incurred following expenses in respect of aforesaid p roperty:
Municipal taxes of ` 4,00,000 for the financial year 2020-21 (10% rebate is obtained for
payment before due date). Arrears of municipal tax of financial year 2019 -20 paid during
the year of ` 1,40,000 which includes interest on arrears of ` 25,000.
Lift maintenance expenses of ` 2,40,000 which includes a payment of ` 30,000 which is
made in cash.
Salary of ` 88,000 paid to staff for collecting house rent and other charges.
Compute the total income of Mr. Ravi for the assessment year 2021-22 assuming that
Mr. Ravi has not opted for the provisions under section 115BAC. (6 Marks)
Answer
(a) (i) The arrangement between Mr. Mahesh, the customer, and M/s. Fresh Cold Storage
Pvt. Ltd., the cold storage owner, is basically contractual in nature and main object
of the cold storage is to preserve perishable goods by mechanical process and
storage of such goods is only incidental. Hence, the provisions of section 194C will
be applicable to the amount of ` 6 lakh paid by Mr. Mahesh to the cold storage
company1.
Accordingly, tax has to be deducted@1.5%2 on ` 6 lakh.
TDS u/s 194C = 1.5% x ` 6 lakh = ` 9,000
(ii) Mr. Ramu, being a salaried individual, has to deduct tax at source @ 3.75%3 u/s
194-IB on the annual rent paid by him from the last month’s rent (rent of March,
2021), since the rent paid by him exceeds ` 50,000 p.m.
Since his landlord Mr. Shiv Kumar has not furnished his PAN to Mr. Ramu, tax has
to be deducted @ 20% instead of 3.75%. However, the same cannot exceed
` 60,000, being rent for March, 2021.
TDS u/s 194-IB = ` 5,40,000 (` 60,000 x 9) x 20% = ` 1,08,000, but restricted to
` 60,000, being rent for March, 2021.
(b) (i) Tax @ 5% is required to be collected u/s 206C by the seller of an overseas tour
programme package, from Mr. Kalpit, being the buyer of an overseas tour package,
even if payment is made by account payee cheque.
Accordingly, tax has to be collected@5% on ` 5 lakh.
TCS = 5% x ` 5 lakh = ` 25,000
(ii) Mr. Anu is required to collect tax @0.075%4 u/s 206C from Mr. Ram, since his
turnover in the P.Y.2019-20 exceeds `10 crores, and the sales receipts from
Mr. Ram in the P.Y.2020-21 exceeds ` 50 lakhs. Tax has to be collected by Mr. Anu
on ` 25 lakhs, being the amount exceeding ` 50 lakhs, at the time of receipt. Since
receipt is in the P.Y.2020-21, TCS provisions are attracted even though part of the
sales may relate to the preceding previous years.
TCS = 0.075% x ` 25 lakhs = ` 1,875
Note – It is assumed that sales receipts to the tune of at least ` 25 lakhs were
received on or after 1.10.2020, being the date when the provisions of section
206C(1H) became effective. Alternatively, it is also possible to assume that the
entire receipts of ` 75 lakhs was received before 1.10.2020. In such a case, the
provisions of section 206C(IH) would not be applicable and no tax would be
required to be collected.
(c) Computation of total income of Mr. Ravi for A.Y. 2021-22 under the regular
provisions of the Act
Particulars Amount Amount
(`) (`)
Income from house property
Gross Annual Value
- Expected rent ` 29,80,000 [Higher of Municipal
Value of ` 27,00,000 p.a. and Fair Rent of
` 30,00,000 p.a., but restricted to Standard Rent of
` 29,80,000 p.a.]
- Actual rent ` 29,40,000 [` 30,00,000, being annual
rent for house property less rent of
` 60,000 (` 2,40,000 x 4/12 x 3/4) due to vacancy]
Gross Annual Value 29,40,000
In this case, the actual rent is lower than the expected rent
due to vacancy. Otherwise, the actual rent of
` 30,00,000 would have been higher than the expected
rent. In such a case, the actual rent would be the gross
annual value, even if it is lower than the expected rent.
Less: Municipal taxes actually paid during the year:
[` 4,00,000 – rebate of ` 40,000] = ` 3,60,000
[` 1,40,000 arrears – ` 25,000 interest] = ` 1,15,000 4,75,000
Net Annual Value 24,65,000
Less: Deduction from Net Annual Value
30% of Net Annual Value 7,39,500
17,25,500
Income from Other Sources/Profits and gains from
business or profession
Rent for amenities 10,00,000
Less: Loss due to vacancy
[` 2,40,000 x 4/12 x ¼] 20,000
9,80,000
Less: Expenditure in respect thereof
- Lift maintenance expenses 2,10,000
[excluding cash payment of ` 30,000
disallowed] = ` 2,40,000 – ` 30,000
(v) During the year 2013-14, Mr. X gifted a sum of ` 6,00,000 to Mrs. X. She started a
business by introducing such amount as her capital. On 1st April, 2020, her total
investments in business was ` 10,00,000. During the previous year 2020-21, she
has loss from such business ` 1,30,000
(vi) Mr. X deposited ` 70,000 in Sukanya Samridhi account on 23.01.2021. He also
contributed ` 40,000 in an approved annuity plan of LIC to claim deduction u/s
80CCC.
(vii) He has taken an educational loan for his major son who is pursuing MBA course
from Gujarat University. He has paid ` 15,000 as interest on such loan which
includes ` 5,000 for the financial year 2019-20.
Determine the total income of Mr. X for the assessment year 2021-22. Ignore provisions
under section 115BAC. (6 Marks)
(c) Mr. Kailash, a resident and ordinarily resident in India, could not file his return of Income
for the assessment year 2021-22 before due date prescribed under section 139(1).
Advise Mr. Kailash as a tax consultant.
What are the consequences for non-filing of return of Income within the due date under
section 139(1)?
OR
Mr. Sitaram is engaged in the business of trading of cement having turnover of ` 10
crores during the financial year 2021-215. As a tax consultant advise him what are the
particulars to be furnished under section 139(6A) along with Return of Income?
(4 Marks)
Answer
(a) Computation of Gross Total Income of Mr. R and Mrs. R for A.Y. 2021-22
Particulars Mr. R Mrs. R
Amount (`)
I. Income from house property
Income from property transferred to HUF without
consideration
Since Mr. R has transferred his property to his HUF 50,000
without consideration, income of ` 50,0006 from such
property would be included in the total income of
Mr. R as per section 64(2).
5 To be read as 2020-21
6 Assumed as computed figure.
7In the absence of any other information, the capital gains has been apportioned on the basis of number of
original shares to number of bonus shares.
assumed that it was invested between 2.4.2019 to 1.4.2020 for solving the problem,
in the absence of other information in the question.
(c) [First Alternative]
Consequences for non-filing return of income within the due date 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.
However, no interest u/s 234A shall be charged on self-assessment tax paid by the
assessee on or before the due date of filing of return.
Fee under section 234F
Late 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 31st December,2021.
However, such fee cannot exceed ` 1,000, if the total income does not exceed
` 5,00,000.
Carry forward and set-off of certain losses not permissible
Following losses would not be allowed to be carried forward, where a return of income is
not furnished within the time allowed under section 139(1):
- 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.
(c) [Second Alternative]
Since Mr. Sitaram’s turnover from business of trading of cement is ` 10 crores which
exceeds ` 1 crore, being the threshold limit for tax audit under section 44AB, he is
subjected to tax audit.
Accordingly, Mr. Sitaram, is required to furnish the following particulars along with his
return of income -
(i) the report of audit referred to in section 44AB.
(ii) the particulars of the location and style of the principal place where he carries on
the business or profession and all the branches thereof.
1 Interest on delayed payment collected is assumed to be inclusive of GST. Further, the invoice value has
been taken as inclusive of GST for computing said penal interest However, it is also possible to assume the
interest to be exclusive of GST and to compute the same by taking the values as exclusive of GST (i.e.
` 5,00,000).
2
The reversal provisions under rule 42 of the CGST Rules, 2017 have not been given effect to in the above
answer on account of specific exclusion of the same via Study guidelines applicable for November, 2021
examination.
3
It has been most logically assumed that the aggregate turnover of ABC Ltd. in the preceding FY was
above the threshold limit for registration under GST law.
(b) Q Ltd. is engaged exclusively in supply of taxable goods from the following states. The
particulars of intra-state supplies for the month of May 2021 are as follows:
Gujarat 14,00,000
Tripura 12,00,000
(i) Q Ltd. seeks to know whether it is liable for registration under GST. Give your
explanation.
(ii) Will your answer be different if Q Ltd. supplies only petrol & diesel from Tripura
instead of any other taxable goods? (4 Marks)
Answer
(a) Computation of value of taxable supplies of AB Ltd.
Particulars Amount
(`)
Services of transportation of students, faculty and staff to Commerce 2,50,000
College
[Not exempt, since transportation services provided to an educational
institution are exempt only if such institution provides pre-school
education or education up to higher secondary school or equivalent.]
Online monthly magazine to students of PQR Law College
[Services of supply of online educational journals provided to an Nil
educational institution providing qualification recognized by law are
exempt.]
Housekeeping services to T Coaching Institute 50,000
[Not exempt]
Security services 4 to N Higher Secondary School Nil
[Security services provided to an educational institution providing
education up to higher secondary school are exempt.]
Services of providing breakfast, lunch and dinner to students of ABC 5,80,000
Medical College
[Not exempt, since catering services provided to an educational
institution are exempt only if such institution provides pre-school
It has been assumed that security services are performed in N Higher Secondary School.
4
5
It has been assumed that Q Ltd. is not engaged in making supplies of ice cream and other edible ice,
whether or not containing cocoa [2105 00 00], Pan masala [2106 90 20] and all goods of Chapter 24,
i.e. Tobacco and manufactured tobacco substitutes.
(i) Examine and compute the interest payable if any under the CGST Act, 2017.
(ii) What would be your answer if, GSTR-3B for the month of August 2020 had been
filed belatedly on 20.11.2020 as above.
Note: Ignore the effect of the leap year. Electronic cash ledger and credit ledger carried
sufficient balance for the above shortfall. (5 Marks)
Answer
(a) (i) The time of supply of goods (where movement of goods involve) (fabric) for the
purpose of payment of tax is the date of issue of invoice or the last date when the
invoice ought to have been issued.
Further, a registered person is required to issue a tax invoice before or at the time of
delivery of goods or making available thereof to the recipient.
Thus, in the given case, time of supply is 4th September, 2021.
(ii) Alternative 1: Assuming that services of transportation of goods by road
have been provided by a GTA which has not paid GST @ 12%; i.e. GST is
payable @ 5%.
Tax on supply of transportation of goods by road services provided by a Goods
Transport Agency (GTA) to a body corporate is payable under reverse charge by
such body corporate.
Time of supply of services taxable under reverse charge is earliest of:-
(a) date of making payment, or
(b) 61st day from the date of issue of invoice by supplier
Thus, in the given case, time of supply is earlier of
(a) 25th August
or
(b) 20th August 2021 (61st day from 20 th June)
Thus, in the given case, time of supply 20th August 2021
Alternative 2: Assuming that services of transportation of goods by road
have been provided by a GTA which has paid GST @ 12%. Thus, GST is
payable under forward charge.
The time of supply of services in case where the invoice is issued within 30 days of
provision of service is the earlier of date of invoice or date of receipt of payment.
Thus, in the given case, time of supply is 20th June, 2021.
(b) In case of delayed payment of tax,interest is payable @ 18% per annum from the date
following the due date of payment to the actual date of payment of tax.
However, interest is payable only on the short-paid tax which is paid through electronic
cash ledger if return under section 39 is furnished after the due date.
(i) In the given case, PQR Ltd. has furnished the return for August 2020 by the due
date. Hence, interest is payable on the entire amount of short payment of ` 10,000,
as under:
= ` 10,000×18%×61/365 = ` 300.82 or 301(rounded off)
(ii) If PQR Ltd. has furnished the return for August 2020 after the due date, interest is
payable only on the short payment which is paid through electronic cash ledger, i.e.
` 7,500, as under:
= ` 7,500×18%×61/365 = ` 225.62 or 226 (rounded off)
Question 8
(a) Mr. Q, a casual taxable person of Gujarat state is a trader of taxable notified handicraft
goods. It makes supplies to the states of Maharashtra, Rajasthan and Andhra Pradesh.
Turnover for October, 2021 is ` 18 Lakh.
(i) Explain the provisions of registration for casual taxable person under GST.
Examine whether Mr. Q is liable for registration or not?
(ii) What will be the answer if Mr. Q makes trading in taxable notified products instead
of taxable notified handicraft goods which involves 75% making on machine and
25% by hand? (5 Marks)
(b) Is Dynamic Quick Response (QR) Code applicable to suppliers who issue invoice to
unregistered persons? If no, list the suppliers to whom Dynamic QR Code is not
applicable. (5 Marks)
OR
(i) What is ‘e-invoicing’?
(ii) What is the threshold limit for mandatory issuance of E-invoice for all registered
businesses?
(iii) A consignor hands over his goods for transportation on Friday to the transporter.
However, assigned transporter starts the movement of goods from consigner’s
warehouse to its depot located at distance of 600 Km. on Monday.
When will the e-way bill be generated and for how many days it will be valid?
(5 Marks)
Answer
(a) (i) A casual taxable person is required to obtain compulsory registration under GST
irrespective of the quantum of its aggregate turnover.
However, a threshold limit of ` 20 lakh (` 10 lakh in case of specified Special
Category States) is available for registration to a casual taxable per son who:
(i) is making inter-State taxable supplies of notified handicraft goods and notified
hand-made goods,
(ii) is availing the benefit of exemption from registration available to inter-State
supply of above-mentioned goods upto the aggregate turnover of ` 20 lakh
(` 10 lakh in case of specified Special Category States), and
(iii) has obtained a PAN and
(iv) has generated an e-way bill.
In the given case, since Mr. Q is engaged in supplying notified handicraft goods and
its aggregate turnover 6 does not exceed ` 20 lakh, he will not be liable to
registration provided he fulfills other conditions specified herein.
(ii) In case Mr. Q is engaged in trading of notified products which are predominantly
made by machine, he will not be eligible for the exemption from registration under
aforesaid provisions and needs to take compulsory ( mandatory) registration.
(b) Dynamic QR code is applicable to invoices issued in respect of supplies made to
unregistered persons by a registered supplier provided its aggregate turnover in any
preceding financial year from 2017-18 onwards exceeds ` 500 crores.
However, it is not applicable to following suppliers issuing invoices to unregistered
persons:-
(i) Insurer or banking company or financial institution including NBFC
(ii) GTA supplying services in relation to transportation of goods by road in a goods
carriage
(iii) Supplier of passenger transportation service
(iv) Person supplying services by way of admission to exhibition of cinematograph films
in multiplex screens
(v) Supplier of online information and database access or retrieval (OIDAR) services
6It has been assumed that Mr. Q has started supply of goods in October 2021 itself.
Alternative
(b) (i) E-invoicing is reporting of business to business (B2B) invoices to GST system for
certain notified category of taxpayers.
(ii) The threshold limit for mandatory issuance of e-invoice for all registered businesses
is ` 50 crores.
(iii) E-way bill will be generated before commencement of movement of goods by
transporter on Monday.
The validity period of the e-way bill is one day from relevant date upto 200 km and
one additional day for every 200 km or part thereof thereafter.
Thus, validity period in the given case7, is 3 days
It has been assumed that goods transported are not over Dimensional cargo.
7