Taxation - Income TaxQuestion 5644 of 146
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Question 1 Mr. Raman, a resident individual aged 62 years, is engaged in the business of manufacturing and sales of spare parts for motor bikes, as a proprietor. He prepares his accounts on mercantile basis. This business is carried out on the ground floor of a two storied commercial building owned by him, the written down value of which is ` 8 lakhs as on April 1, 2023. He prepares his accounts on accrual basis. The Statement of Profit and Loss for the previous year ended on March 31, 2024 shows a net profit of ` 9.25 lakhs (before taxation and depreciation) after debiting/crediting the following items: (i) Travelling expenses includes ` 2,40,000 being expenditure incurred on a foreign tour to Taiwan for attending a business exhibition and meeting with vendors, out of which ` 40,000 is incurred in Indian currency and ` 2,00,000 in foreign currency. Mr. Raman has spent 10 days in Taiwan, out of which 4 days were utilized by him for attending marriage ceremony of a vendor's son. (ii) Administrative expenses include ` 9,525 paid towards interest on delay in deposit of GST. (iii) General expenses include a sum of ` 3,88,000 paid to a non-resident as fee for technical services without deduction of tax at source. (iv) Fire insurance premium of ` 66,000 for the entire building remained unpaid till 31st March, 2024. (v) Expenditure of ` 75,000, was paid to a scientific research association approved under section 35. Out of ` 75,000, ` 50,000 was utilised towards the purchase of land by the research association. (vi) He let out first floor of his commercial building to Mr. Aman on April 1, 2023 and received rent of ` 35,000 per month. Municipal taxes ` 20,000 relating to the building were paid equally by both Mr. Raman and Mr. Aman. Rent received was credited and municipal taxes of ` 10,000 (relating to ground floor) was debited to the statement of profit and loss. (vii) He sold a piece of land for ` 44 lakhs on 12th April, 2023. He had acquired the land for 40 lakhs on 1stJanuary, 2022. The gain of 4,00,000 is credited to the statement of profit and loss. (CII for F.Y. 2021-22-317; F.Y. 2023-24-348) Additional Information: (i) Mr. Raman purchased raw material from M/s. Paul Industries, a micro enterprise, for ` 49,000 on March 10, 2024. However, the payment to M/s. Paul Industries was made on April 5, 2024 by cheque. No written agreement for payment existed between M/s. Paul Industries and Mr. Raman. Another supplier M/s. Kal Industries, a small enterprise, with whom also no written agreement existed for payment, was paid ` 1,34,000 in cash on April 5, 2024 for purchase of raw material on March 31, 2024. Both M/s. Paul Industries and M/s. Kal Industries follow mercantile system of accounting. (ii) Mr. Raman acquired a registered trademark on July 15, 2023 for ` 2,00,000. Mr. Raman started using this trademark for his business from January 15, 2024. Mr. Raman omitted to enter any transaction relating to this trademark in his books of accounts. (iii) Mr. Raman bought a car for personal use on 12th April, 2020 for ` 5,40,000. He started using this car for business purposes from 01.04.2023. As on that day, the market value of the car was ` 2,10,000. Assume the rate of depreciation to be 15%. (iv) He incurred ` 2,50,000 on the purchase of a new machinery to be used in the production of spare parts for motor bikes on May 15, 2023. (v) He has paid tuition fees of ` 25,000 for the education of his daughter to a college. (vi) During the year, Mr. Raman has incurred ` 9,500 in cash for preventive health check-up where ` 5,000 was for himself and ` 4,500 was for his parents who are super senior citizens. (vii) Donation paid to a registered political party by way of cheque ` 20,000. Compute the total income and tax payable for assessment year 2024-25 by Mr. Raman under default tax regime and optional tax regime as per normal provisions of the Act. Which option is advantageous to Mr. Raman? (15 Marks)

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Detailed Solution & Explanation

Computation of Total Income and Tax Payable by Mr. Raman for A.Y. 2024-25

UNDER DEFAULT TAX REGIME [Section 115BAC]

I. Income from House Property (First Floor – Let Out)

Gross Annual Value (GAV) = Rent received = \u20b935,000 \u00d7 12 = \u20b94,20,000
Municipal taxes paid by tenant Mr. Aman \u2192 Not deductible (not paid by owner) = Nil
Net Annual Value (NAV) = \u20b94,20,000
Less: Standard Deduction @30% of NAV = \u20b91,26,000
Income from House Property = \u20b92,94,000

II. Profits and Gains of Business or Profession

Net Profit as per P&L (before tax and depreciation) = \u20b99,25,000

Add: Disallowances / Items not allowable:

(i) Travelling expenses (Taiwan tour) \u2013 The entire \u20b92,40,000 is incurred wholly and exclusively for business purpose (attending exhibition and meeting vendors). Hence, Nil is disallowed.
[Note: Alternatively, \u20b92,40,000 \u00d7 4/10 = \u20b996,000 attributable to attending marriage ceremony may be treated as personal expenditure and disallowed.]

(ii) Interest on delay in deposit of GST \u2013 Compensatory in nature, allowable as business expenditure. Disallowance = Nil

(iii) Fee for technical services paid to non-resident without TDS \u2013 100% disallowed u/s 40(a)(i) = \u20b93,88,000

(iv) Fire insurance premium \u20b966,000 for entire building \u2013 Ground floor (business use) \u2013 allowable; First floor (let out) \u2013 disallowed. Disallowance = \u20b966,000 \u00f7 2 = \u20b933,000

(v) Contribution to scientific research association u/s 35 \u2013 Not allowable under default tax regime = \u20b975,000

(vi) Municipal taxes for ground floor \u2013 Allowable (business use) = Nil

(vii) Raw material from M/s Paul Industries (micro enterprise) \u2013 Payment of \u20b949,000 made on 5.4.2024. Since no written agreement, payment must be within 15 days (as per MSMED Act, 2006). Deadline: 25.3.2024. Payment was late. Disallowed u/s 43B(h) = \u20b949,000

(viii) Raw material from M/s Kal Industries (small enterprise) \u2013 Payment of \u20b91,34,000 made on 5.4.2024. Since no agreement, 15-day window from 31.3.2024 ends 15.4.2024. Payment within time \u2192 Allowable u/s 43B(h) = Nil.
However, since payment of \u20b91,34,000 is made in cash (exceeding \u20b910,000 limit) in P.Y. 2024-25, it shall be treated as deemed income u/s 40A(3A) in P.Y. 2024-25. [No disallowance in current year P.Y. 2023-24]

Total Additions = \u20b93,88,000 + \u20b933,000 + \u20b975,000 + \u20b949,000 = \u20b95,45,000

Less: Items credited to P&L but taxable under other heads:
(a) Rent received from first floor = \u20b94,20,000
(b) Gain on sale of land = \u20b94,00,000
Total Deductions = \u20b98,20,000

Adjusted Net Profit = \u20b99,25,000 + \u20b95,45,000 \u2212 \u20b98,20,000 = \u20b96,50,000

Less: Depreciation

- Trademark: Acquired 15.7.2023, put to use 15.1.2024 (less than 180 days) \u2192 50% depreciation = \u20b92,00,000 \u00d7 25% \u00d7 50% = \u20b925,000
- Car: Used for business from 1.4.2023. WDV for depreciation = actual cost = \u20b95,40,000 (market value not considered for owned assets converted from personal to business use; depreciation computed on actual cost). Depreciation = \u20b95,40,000 \u00d7 15% = \u20b981,000
- New Plant & Machinery: \u20b92,50,000 \u00d7 15% = \u20b937,500
- Building (ground floor): \u20b98,00,000 \u00d7 10% = \u20b980,000
- Additional Depreciation on P&M: Nil (not allowed under default tax regime)

Total Depreciation = \u20b925,000 + \u20b981,000 + \u20b937,500 + \u20b980,000 = \u20b92,23,500

Income from Business or Profession = \u20b96,50,000 \u2212 \u20b92,23,500 = \u20b94,26,500

III. Capital Gains

Sale of land (12.4.2023); Acquired 1.1.2022.
Holding period: Jan 2022 to Apr 2023 = 15 months < 24 months \u2192 Short-Term Capital Asset
Full value of consideration = \u20b944,00,000
Less: Cost of acquisition = \u20b940,00,000
Short-Term Capital Gain = \u20b94,00,000

Gross Total Income = \u20b92,94,000 + \u20b94,26,500 + \u20b94,00,000 = \u20b911,20,500

Less: Deductions under Chapter VI-A = Nil (not available under default tax regime)
Total Income = \u20b911,20,500

Tax Computation (Default Tax Regime \u2013 Senior Citizen aged 62 years):

| Slab | Rate | Tax |
|---|---|---|
| Up to \u20b93,00,000 | Nil | \u20b90 |
| \u20b93,00,001 to \u20b96,00,000 | 5% | \u20b915,000 |
| \u20b96,00,001 to \u20b99,00,000 | 10% | \u20b930,000 |
| \u20b99,00,001 to \u20b911,20,500 | 15% | \u20b933,075 |
| Total Tax | | \u20b978,075 |

Add: Health & Education Cess @4% = \u20b93,123
Tax Payable (Default Regime) = \u20b981,198 \u2248 \u20b981,200 (rounded off)



UNDER OPTIONAL TAX REGIME (Normal Provisions of the Act)

Gross Total Income (as computed above under default regime) = \u20b911,20,500

Less: Additional Depreciation on new Plant & Machinery [allowed u/s 32(1)(iia) under normal provisions] = \u20b92,50,000 \u00d7 20% = \u20b950,000
Less: Contribution to scientific research association u/s 35(1)(ii) [allowed under normal provisions] = \u20b975,000
Gross Total Income (Normal Provisions) = \u20b99,95,500

Deductions under Chapter VI-A:

- Section 80C: Tuition fees for daughter = \u20b925,000
- Section 80D: Preventive health check-up (paid in cash, allowed up to \u20b95,000 limit) = \u20b95,000
- Section 80GGC: Donation to registered political party by cheque = \u20b920,000
Total Chapter VI-A deductions = \u20b950,000

Total Income (Normal Provisions) = \u20b99,95,500 \u2212 \u20b950,000 = \u20b99,45,500

Tax Computation (Normal Provisions \u2013 Senior Citizen, age 62 \u2192 treated as ordinary individual since age < 80):

| Slab | Rate | Tax |
|---|---|---|
| Up to \u20b93,00,000 | Nil | \u20b90 |
| \u20b93,00,001 to \u20b95,00,000 | 5% | \u20b910,000 |
| \u20b95,00,001 to \u20b99,45,500 | 20% | \u20b989,100 |
| Total Tax | | \u20b999,100 |

Add: Health & Education Cess @4% = \u20b93,964
Tax Payable (Normal Provisions) = \u20b91,03,064 \u2248 \u20b91,03,060 (rounded off)

Conclusion: Since tax payable under the Default Tax Regime (\u20b981,200) is lower than under the Normal Provisions (\u20b91,03,060), it is beneficial for Mr. Raman to opt for the Default Tax Regime u/s 115BAC.

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