Taxation - Income TaxSubjectiveQuestion 6086 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 the A.Y. 2025-26 as per the optional tax regime under the Income-tax Act, 1961 Particulars ` ` Income from Salary Salary (computed) 3,15,000 Add: Salary received by his wife from M/s XL & Co., partnership firm of ₹ 2,40,000 shall not to be clubbed in the income of Mr. Sanju even if his wife does not have any professional qualification since he does not have substantial interest in the firm as his share of profit in such firm is less than 20% Nil 3,15,000 Less: Loss from self-occupied house property (1,75,000) 1,40,000 Income from House Property (Self-occupied Property) Annual Value Less: Deductions under section 24 Interest on loan paid for self-occupied property - (1,75,000) (1,75,000) Profit and gains of business or profession Profit from restaurant business 2,21,000 Less: Loss from Future & Option (75,000) 1,46,000 TAXATION Share of profit from M/s XL & Co., partnership firm [Exempt under section 10(2A)] Nil 1,46,000 Capital Gain 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 Gross Total Income 3,58,000 Less: Deduction under Chapter VI-A - Under section 80C – Repayment of housing loan 1,20,000 - Under section 80D – Medical premium for self of ₹ 21,000 and preventive health checkup fees of ₹ 9,000 restricted to ₹ 5,000 subject to overall limit of ₹ 25,000 25,000 1,45,000 Total Income 2,13,000 Losses to be carried forward to A.Y. 2026-27 Loss from speculative business As per section 73(4), brought forward loss from speculation business cannot be set-off against any income other than profit and gains of another speculation business. Such loss can, however, be carried forward to A.Y. 2026-27 for set-off against income from speculation business of that year. 26,000 (b) First Alternative As per section 139A(1), following persons are required to apply for the allotment of PAN within the specified time limit Persons required to apply for PAN Time limit for making such application (1) Every person, if his total income or the total income of any other person in respect of which he is assessable under the Act during any previous year exceeds the maximum amount which is not chargeable to income-tax. On or before 31st May of the assessment year for which such income is assessable (2) Every person carrying on any business or profession whose total sales, turnover or gross receipts are or is likely to exceed ₹ 5 lakhs in any previous year. Before the end of that financial year. (3) Every person being a resident, other than an individual, which enters into a financial transaction of an amount aggregating to ₹ 2,50,000 or more in a financial year. On or before 31st May of the immediately following financial year. (4) Every person who is a managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of any person referred in (3) above or any person competent to act on behalf of such person referred in (3) above On or before 31st May of the immediately following financial year in which the person referred in (3) enters into financial transaction specified therein. Every person who has not been allotted a PAN and intends to enter into the following prescribed transaction is also required to apply for PAN: TAXATION (5) Every person, who intends to deposit cash in his one or more accounts with a banking company, co-operative bank or post office, if the cash deposit or the aggregate amount of cash deposit in such accounts during a financial year is ₹ 20 lakh or more. At least 7 days before the date on which he intends to deposit cash over the specified limit, i.e., ₹ 20 lakh or more. (6) Every person, who intends to withdraw cash from his one or more accounts with a banking company, co-operative bank or post office, if the cash withdrawal or the aggregate amount of cash withdrawal from such accounts during a financial year is ₹ 20 lakh or more. At least 7 days before the date on which he intends to withdraw cash over the specified limit, i.e., ₹ 20 lakh or more. (7) Any person, who intends to open a current account or cash credit account with a banking company or a co-operative bank, or a post Office. At least 7 days before the date on which he intends to open such account. (b) Second Alternative Every person who is eligible to obtain Aadhaar number is required to mandatorily quote Aadhaar Number in the application form for allotment of Permanent Account Number and in the return of income. The provisions of section 139AA relating to quoting of Aadhaar Number would not apply to an individual who does not possess the Aadhaar number or Enrolment ID and is: (i) residing in 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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