Taxation - Income TaxQuestion 5617 of 146
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Question 4 (a) Mr. Sanju, an individual assessee, aged 32 years, furnishes the following details for the year ended on 31st March, 2025: (i) Loss from Future & Option: ` 75,000 (ii) Profit from restaurant business (computed): ` 2,21,000 (iii) Share of profit in partnership firm M/s XL & Co. (19% share): ` 38,000 (iv) Income from salary (computed): ` 3,15,000 (v) Interest on loan paid for self-occupied house property: ` 1,75,000 (Principal amount paid: ` 1,20,000) (vi) Short-term capital gain: ` 82,000 (vii) Long-term capital gain u/s 112A: ` 1,10,000 (viii)Long-term capital loss u/s 112: ` 68,000 (ix) His wife received salary of ` 2,40,000 from a partnership firm XL & Co., where she is an accountant. She does not have any professional qualification related to accounting. (x) He paid ` 21,000 for medical insurance premium and ` 9,000 for preventive health check-up. Brought forward speculative business loss: ` 26,000 (this being 3rd year from the year of loss) and brought forward short-term capital loss: ` 52,000 (this being the 4th year from the year of loss). Compute total income of Mr. Sanju for the A.Y. 2025-26 if he exercises the option to shift out of default tax regime u/s 115BAC(1A). Also state the losses eligible to carry-forward. (6 Marks) (b) State persons who are required to apply for the allotment of PAN under section 139A(1) of the Income-tax Act, 1961. Mention the time limit for making such application also. (4 Marks) OR (b) Specify all the documents in which quoting of Aadhaar Number is mandatory u/s 139AA of the Income-tax Act, 1961. Also explain to whom provisions of section 139AA does not apply. (4 Marks)

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Detailed Solution & Explanation

**(a) Computation of Total Income of Mr. Sanju for A.Y. 2025-26 under the optional tax regime:**
| Head of Income / Particulars | Working | Amount (`) | Amount (`) | | --- | --- | --- | --- | | **I. Income from Salaries** | | | | | Salary (computed) | | 3,15,000 | | | Salary received by wife from M/s XL & Co. | Not clubbed u/s 64(1)(ii) since Sanju's share of profit in the firm is 19% (less than 20% threshold for substantial interest) | Nil | 3,15,000 | | **II. Income from House Property** | | | | | Self-occupied property | NAV is Nil. Less: Interest on loan paid u/s 24(b): `1,75,000`. HP Loss is `(1,75,000)` | (1,75,000) | (1,75,000) | | *Net Salary after setting off HP Loss* | HP loss set off against salary up to maximum of `2,00,000` | | **1,40,000** | | **III. Profits and Gains of Business or Profession** | | | | | Profit from restaurant business | | 2,21,000 | | | Share of profit in M/s XL & Co. | Exempt u/s 10(2A) | Nil | | | Less: Loss from Future & Option | F&O is non-speculative business loss, allowed to set off against business profits | (75,000) | **1,46,000** | | *(Note: Speculative loss)* | Brought forward speculative loss of `26,000` can only set off against speculative profits. Hence, to be carried forward. | | | | **IV. Capital Gains** | | | | | Short-term capital gain | `82,000` Less: Brought forward short-term capital loss: `52,000` | 30,000 | | | Long-term capital gain u/s 112A | `1,10,000` Less: Long-term capital loss u/s 112: `68,000` | 42,000 | **72,000** | | **Gross Total Income** | | | **3,58,000** | | Less: Deductions under Chapter VI-A | | | | | - Section 80C | Principal repayment of housing loan | 1,20,000 | | | - Section 80D | Medical insurance premium `21,000` + preventive health check-up `9,000` (restricted to `5,000`). Total restricted to overall limit of `25,000` | 25,000 | (1,45,000) | | **Total Income** | | | **2,13,000** |
**Losses eligible to be carried forward to A.Y. 2026-27:** - Speculative business loss: **` 26,000** (allowed to be carried forward for up to 4 years, can only be set off against speculative business profits).

**(b) First Alternative (PAN Application u/s 139A(1)):** The following persons are required to apply for allotment of PAN: 1. Every person whose total income (or income of another person for which they are assessable) exceeds the maximum amount not chargeable to tax. *Time limit: On or before 31st May of the Assessment Year.* 2. Every person carrying on business or profession whose total sales, turnover, or gross receipts exceed or are likely to exceed `5 lakhs` in any previous year. *Time limit: Before the end of that Financial Year.* 3. Every resident other than an individual who enters into a financial transaction of an aggregate value of `2,50,000` or more in a FY. *Time limit: On or before 31st May of the immediately following FY.* 4. Every managing director, director, partner, trustee, author, founder, karta, CEO, principal officer or office bearer of any person referred to in (3) above. *Time limit: On or before 31st May of the immediately following FY.* 5. Any person who intends to deposit cash >= `20 lakhs` (aggregate) in one or more bank accounts/post office accounts in a FY. *Time limit: At least 7 days before the deposit.* 6. Any person who intends to withdraw cash >= `20 lakhs` (aggregate) from one or more bank accounts/post office accounts in a FY. *Time limit: At least 7 days before the withdrawal.* 7. Any person who intends to open a current account or cash credit account with a bank or post office. *Time limit: At least 7 days before opening the account.*

**(b) Second Alternative (Quoting Aadhaar Number u/s 139AA):** Quoting Aadhaar Number is mandatory in: 1. Application for allotment of Permanent Account Number (PAN). 2. The return of income.
Provisions of Section 139AA do not apply to an individual who does not possess Aadhaar and is: (i) Residing in the States of Assam, Jammu & Kashmir, and Meghalaya. (ii) A non-resident as per the 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.

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