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M.Com Direct Taxes Exam Paper 2023

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M.Com Direct Taxes Exam Paper 2023

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© © All Rights Reserved
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G.V.M.’s G.G.P.R.

College of Commerce & Economics, Ponda Goa


[Link] Semester-II End Examination-May 2023
COTS-413- Direct Taxes
Duration-02 Hours Maximum Marks: 40
Instructions: 1. This paper consists of six (6) questions carrying equal marks.
2. Question No. 1 is compulsory.
3. Answer any three (3) questions from 2,3,4,5 and 6.
4. Each question carries 10 marks. Figures to the right indicate full marks.

Q.1. Answer the following questions :- (5x2= 10)

a) Define Gross Total Income.


b) Residential status of a company.
c) Explain Section 80E of Chapter VIA.
d) Enumerate advance payment of tax with installment dates and percentages.
e) Arun is entitled to a basic salary of ₹ 25,000 p.m. and dearness allowance of ₹ 5,000
p.m., 40% of which forms part of retirement benefits. He is also entitled to HRA of ₹
10,000 p.m. He actually pays ₹ 10,000 p.m. as rent for a house in Delhi. Compute the
taxable HRA.

Q.2. Mr. Abhi is a sales manager in Wipro ltd. During the previous year 2022-23, he gets the
following from Wipro ltd.: (10)
Basic salary ₹ 25,000 p.m.
Dearness allowance (60% of which is part of retirement benefit) ₹ 10,000 p.m.
Entertainment allowance ₹ 8,000
Conveyance allowance ₹ 10,000 (just 30% is used for official purpose)
Children education allowance (for two children) ₹ 200 p.m. per child
Gift of Titan watch ₹ 3999
Rent free unfurnished accommodation at Delhi, the fair rent value of which is ₹ 84,000 p.a.
Motor car of 1.8 litre with driver both for official and private purposes

Loan of ₹ 2,00,000 @ 8% p.a. for construction of his house was given by the company. SBI
rate of interest is 12% p.a.
Mr. Abhi contributes 20% of his salary to a recognised provident fund and the employer
contributes 10%.

Mr. Abhi gifted ₹ 2,00,000 to Mrs. Megha (his wife) which she deposits the same in a bank
@ 8 per cent per annum and it was received on 02/02/2023.

1
Yash is minor child of Mr. Abhi and Mrs. Megha. Yash has a bank deposit of ₹ 1,00,000 (rate
of interest 8.25 per cent was received) which was gifted to him by his grandfather.
Interest on saving bank deposits of Mr. Abhi is ₹ 7,000
Compute his total income for the assessment year 2023-24, assuming Mr. Abhi:

a) does not opt to be taxed under section 115BAC


b) opts to be taxed under section 115BAC

Q.3. Shri Raman owns a big house (erection completed on March 31, 2009). The house has
three independent units. Unit 1 (50 per cent of the floor area) is let out for residential purpose
on monthly rent of ₹ 8,200. Unit 2 (25 per cent of the floor area) is used by Shri Raman for the
purpose of his business, while Unit 3 (the remaining 25 per cent) is utilised for the purpose of
his residence. Other particulars of the house are as follows: (10)

Municipal valuation: ₹ 60,000, fair rent: ₹ 70,000, standard rent under the Rent Control Act: ₹
90,000, municipal taxes: ₹ 15,000, repairs: ₹ 4,000, interest on capital borrowed for renewal of
the property: ₹ 36,000.

Shri Raman further furnished the following information relevant for the assessment year 2022-
23:

Profit and loss a/c for the year ending 31/03/2023

Particular ₹ Particular ₹
Household expenses 11,200 Gross profit 2,69,000
Bad debts 600 Commission 5,000
Provision for bad debts 4,800 Sundry receipts 8,000
Fire insurance 1,000
Salary to staff 8,000
Salary to Raman 3,000
Contribution towards 32,000
Unrecognised PF
Interest on overdraft from bank 6,000
Interest on capital 13,000
Depreciation on building and 13,600
furniture
Advertisement revenue expenses 3,800
Expenses on neon sign board 1,000
General expenses 4,700
Net profit 1,79,300
2,82,000 2,82,000

Additional information:

2
o General expenses include personal expenses of ₹1,700.
o Business income of ₹3,000, accrued during previous year ending 31.3.2023 is not
recorded in the Profit and loss A/c.
o Depreciation on building and furniture comes to ₹3,000 according to the tax provisions.

Determine the taxable income of Shri Raman for the assessment year 2023-24. Assume Raman
does not opt to be taxed under section 115BAC.

Q.4. Solve the following questions: (2*5= 10)

a) Mrs. Sakhi acquired a residential house on 01.07.1998 for ₹ 9,00,000. She spent ₹ 1,60,000
on 01.02.2000 for the improvement of this house property. A further amount of ₹ 1,75,000 was
spent by her on 30.07.2007 on improvement of the house. Mrs. Sakhi gifted the said property
to her son Saksham on 15.11.2016. Saksham also spent the following amounts on improvement
of the house:
On 21.02.2017 - ₹ 330000
On 31.09.2022 - ₹ 310000
Saksham sold the above house on 20.12.2022 for a sum of ₹ 71,00,000. Expenses on transfer
were 2% of the sale consideration. Compute the capital gain for the assessment year 2023-24,
assuming the fair market value of the house as on 01.04.2001 to be ₹ 1500000.

b) Ms. Rose owns the following machinery as on 1.4.2022:

Machinery WDV as on 01.04.2022 (₹) Rate of depreciation (%)


Machinery A 70,000 15
Machinery B 1,64,000 15
Machinery C 84,000 15
He acquires a new machinery i.e. machinery D for ₹ 60,000 on 02.11.2022

Machinery B and Machinery C are sold on 15.3.2023 for consideration of ₹ 1,80,000 and ₹
40,000 respectively. Compute the depreciation for the assessment year 2023-24 and also
indicate if there is any shon- term capital gain/loss.

Q.5. Answer the following questions :- (5x2= 10)


a) State and explain any five areas for corporate tax planning.
b) Describe the Types of Companies under Income Tax Act.

Q.6. Explain set-off of losses and carry forward of losses under different heads. (10)

--------------------Best of Luck--------------------

Common questions

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The concepts of 'fair rent,' 'municipal valuation,' and 'standard rent' significantly impact property taxation. 'Fair rent' signifies the reasonable rent that a property can fetch in the market, commonly used for income assessment from let-out property. 'Municipal valuation' is the value assessed by municipal authorities for property tax purposes and may differ from fair rent. 'Standard rent' is the rent identified under the Rent Control Act, aimed at preventing exorbitant rent hikes, playing a crucial role in capping rental income for tax calculations. In property taxation, the calculation for taxable rent income involves choosing, typically, the highest of these values or combining them in specific prescribed ways by tax authorities, affecting the net assessable income .

The set-off and carry forward of losses across different heads of income can significantly influence an individual's tax obligations by enabling tax liability reduction. Losses from one income head, such as business loss, can be set off against income under other heads, like capital gains, within the same year, subject to applicable restrictions. Furthermore, if losses cannot be fully absorbed, they can be carried forward for offset in subsequent years, up to a specified limit, thereby smoothing income over multiple periods and optimizing tax efficiency. This strategic utilization affects annual tax strategies, allowing individuals to effectively manage fluctuations in income streams .

The tax implications in Saksham's case are influenced by the indexing of costs related to the acquisition and improvements of the property over time. The capital gains tax liability is calculated based on the difference between the sale price and the indexed cost of acquisition and improvement. Improvements made both by the original owner (Mrs. Sakhi) and Saksham can be indexed separately, considering the respective base years in which they incurred. This indexed method helps adjust for inflation, thereby reducing the taxable capital gains. The resulting indexed costs are then deducted from the sale consideration, along with transfer expenses, to compute the capital gain for tax purposes in the assessment year 2023-24 .

The computation of taxable House Rent Allowance (HRA) is influenced by several factors such as the basic salary, dearness allowance, actual rent paid, and the city of residence. In Arun's case, the HRA exemption is calculated as the minimum of the following: actual HRA received, rent paid minus 10% of salary, or 50% of salary (if residing in a metro city like Delhi). For Arun, the taxable HRA would be computed based on these parameters to find the least value, ensuring the correct application of tax laws .

To the donor, there is no immediate tax implication upon gifting; however, for the recipient, income derived from the gifted amount may be taxable. In Mr. Abhi's case, the ₹2,00,000 gifted to his wife, Megha, leads to the interest income on the gifted sum being attributable to Mr. Abhi's income under clubbing provisions unless specific exemptions apply. This impacts his taxable income despite the asset's nominal transfer, as the income generated from it is treated as part of Mr. Abhi's total income .

The residential status of a company affects its tax obligations under Indian tax law by determining the scope of its taxable income. A 'resident' company is taxed on its worldwide income, while a 'non-resident' company is taxed only on income that is received or accrued in India. The residential status is determined by the location of the company's management and control. A company is considered resident in India if it is an Indian company or its place of effective management in the previous year is in India .

The income under the head 'Salaries' for Mr. Abhi is computed based on his basic salary, dearness allowance, entertainment allowance, conveyance allowance, and other perks like the use of a motor car. If he opts for taxation under section 115BAC, he may have to forgo certain deductions and exemptions, such as those under Section 10, 16, 80C to 80U (except section 80CCD(2) and section 80JJAA), leading to a potentially higher taxable income even with the benefit of lower tax rates. Without opting for section 115BAC, Mr. Abhi can claim these allowances and deductions, potentially reducing the taxable income but likely facing higher tax rates. The choice depends on his precise financial scenario, taking into account all allowances and potential deductions .

Depreciation impacts corporate asset management and tax strategy by reducing taxable profits through allowable expenses reflecting asset wear and tear. In Ms. Rose's case, the depreciation on machinery A, B, and C, along with the newly acquired machinery D, affects the net book value of assets and influences cash flows by reducing taxable income. Selling machinery B and C induces a short-term capital gain/loss evaluation based on sale price versus their written down value, instrumental in strategic decisions like asset disposal timing and reinvestment strategies, crucial for managing tax liabilities efficiently .

Corporate tax planning involves navigating complex rules and regulations to optimize taxation outcomes. Key challenges include ensuring compliance with constantly evolving tax laws, understanding international tax regulations for multinational operations, and balancing short-term tax liabilities with long-term strategic growth objectives. Effective tax planning requires strategic considerations like choosing optimal jurisdictions for new operations, leveraging tax credits and incentives, effective use of loss set-off and carry forward mechanisms, and maintaining detailed documentation to defend against audits. This demands comprehensive knowledge of specific tax provisions and foresight in business decision-making .

When an individual like Mr. Abhi receives a loan from the employer at a preferential interest rate (8% compared to the SBI market rate of 12%), the difference (4%) may be considered a taxable perquisite under the Income Tax Act, potentially increasing taxable income and altering tax liability. This concessional loan benefit represents imputed income, necessitating computation inclusion for comprehensive tax purposes. Strategically, assessing such interest benefits alongside other perquisites is vital for understanding true economic income and its tax impact, ensuring accurate and strategic tax liability management .

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