SUGGESTED ANSWERS TO MAY 2015 IPCC EXAMS TAXATION 2015_Suggested Answers_Ta… · SUGGESTED ANSWERS...

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IPCC May 2015_Suggested Answers_Taxation ______________________________1 No.1 for CA/CWA & MEC/CEC MASTER MINDS SUGGESTED ANSWERS TO MAY 2015 IPCC EXAMS TAXATION Dear students, These suggested answers are meant for easy and quick assessment of possible outcome of IPCC aspirants for their in-advance preparation and future course of planning. Copyrights on these suggested answers are reserved to MASTER MINDS. No circulation of these suggested answers is permitted by any means. Those who download these suggested answers can only use them for their self assessment and they don’t have any rights to circulate the same through any means. DISCLAIMER 1. Readers must aware that, these are not the suggested answers issued by ICAI. These suggested answers are only the recommendations by MASTER MINDS, Guntur. 2. ICAI will issue its own suggested answers in future and performs paper valuation based on its own suggested answers. So, if any difference in judgment is found in assessment of the readers based on MASTER MINDS Suggested Answers, then MASTER MINDS holds no responsibility. 3. The Suggested answers issued by both ICAI and MASTER MINDS are purely different and their own opinions. So, there is no guarantee that suggested answers issued by MASTER MINDS match with the suggested answer to be released by ICAI. Even if the suggested answers issued by MASTER MINDS match with the Suggested answers to be issued by ICAI, it is purely accidental. 4. These suggested answers are prepared based on the information available to us and with the best of our knowledge. Wherever needed assumptions have been taken. 5. Even after taking maximum care in preparation of these suggested answers, there may be chances for some errors, diverse opinions & judgments. So, MASTER MINDS has no responsibility for any such errors and diverse opinions. Question No. 1 1a) Computation of total income & tax liability Particulars Rs Rs I.F.Salary - I.F.H.P - PGBP (W.N.1) 6,33,700 Capital Gains - Other sources 74,000 Gross total Income 7,07,700 Less: VIA Deductions: 80C: LIC 2Lx10%) 20,000 PPF 1,20,000 1,40,000 80E: Interest on E.Loan 10,000 80CCG: 50% of Inv (or) 25000↓ (70,000 x 50%) 35,000 (or) 25,000↓ 25,000 80G Donations (W.N.3) 75,135 2,50,135 Net income 4,57,565

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IPCC May 2015_Suggested Answers_Taxation ______________________________1

No.1 for CA/CWA & MEC/CEC MASTER MINDS

SUGGESTED ANSWERS TO MAY 2015 IPCC EXAMS – TAXATION Dear students,

These suggested answers are meant for easy and quick assessment of possible outcome of IPCC aspirants for their in-advance preparation and future course of planning.

Copyrights on these suggested answers are reserved to MASTER MINDS. No circulation of these suggested answers is permitted by any means. Those who download these suggested answers can only use them for their self assessment and they don’t have any rights to circulate the same through any means.

DISCLAIMER

1. Readers must aware that, these are not the suggested answers issued by ICAI. These suggested answers are only the recommendations by MASTER MINDS, Guntur.

2. ICAI will issue its own suggested answers in future and performs paper valuation based on its own suggested answers. So, if any difference in judgment is found in assessment of the readers based on MASTER MINDS Suggested Answers, then MASTER MINDS holds no responsibility.

3. The Suggested answers issued by both ICAI and MASTER MINDS are purely different and their own opinions. So, there is no guarantee that suggested answers issued by MASTER MINDS match with the suggested answer to be released by ICAI.

Even if the suggested answers issued by MASTER MINDS match with the Suggested answers to be issued by ICAI, it is purely accidental.

4. These suggested answers are prepared based on the information available to us and with the best of our knowledge. Wherever needed assumptions have been taken.

5. Even after taking maximum care in preparation of these suggested answers, there may be chances for some errors, diverse opinions & judgments. So, MASTER MINDS has no responsibility for any such errors and diverse opinions.

Question No. 1 1a) Computation of total income & tax liability

Particulars Rs Rs

I.F.Salary -

I.F.H.P -

PGBP (W.N.1) 6,33,700

Capital Gains -

Other sources 74,000

Gross total Income 7,07,700

Less: VIA Deductions:

80C: LIC 2Lx10%) 20,000 PPF 1,20,000

1,40,000

80E: Interest on E.Loan 10,000

80CCG: 50% of Inv (or) 25000↓ (70,000 x 50%) 35,000 (or) 25,000↓

25,000

80G Donations (W.N.3) 75,135 2,50,135

Net income 4,57,565

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Tax: (-) Rebate

(+)E & 1+E(3%)

(-) TDs Net Tax liability

30,757 2,000

28,757 863

29,620 15,000

14,620

W.N.1: PGBP

N.P (P & L A/c): 6,58,700

Add: Expenses to be disallowed;

Salary 30,000

Medicines consumed 18,000

Depreciation 50,000

Donation to N.C.Fund 51,000 1,49,000

Less: Incomes to be disallowed

Winnings 35,000

LIC amount (Excempt) 1,15,000

Honoraium (0.5) 2,400 1,74,000

Less: Expenses to be allowed -

Add: Incomes to be allowed -

PGBP 6,33,700

W.N.2: Other Sources

Winnings (Gross)(35000x70100

) 50000

Honorarium 24000

Total 74000

W.N.3: Calculation of deduction u/s 80G:

Donation to national children fund (100% deduction) 51000

Donation to charitable trust(*Sub to 10% A.T.I)

Eligible payment: 12 (or) 48570↓ Ded = (48270 x 50%) 24135

80G 75135

* A.T.I: G.T.I 707700 (-) LTCG - (-)STCG (Shares) - (-) Winnings 50,000 657700 (-) VI A Deductions 80V: 1,40,000 80E: 10,000 80CCG: 25,000 175000 482700

10% of A.T.I = 4,82,700 x 10% = 48,270 50% of 48,270 = 24,135

4,57,565

Winnings 50,000

Other Income 4,07,565

Upto 2,50,000 ------ 0 1,57,565 x 10%= 15,757 15,757

X 30% 15,000

Tax: 30,757

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1b) Computation of value of taxable service & the service any payable for the half year ended on 31/03/2015

Particulars W.N Amount

i) Advance received for upgradation and enhancement of

software service

36.112100x000,50,7

ii) Services provided to united nations in New Delhi for analysis, design and programming

iii) Service billed to various clients [56,00,000 – 6,00,000]

1

2

6,67,497

Nil

50,00,000

Value of taxable service 56,67,497

Service Tax[56,67,497 x 12%] Add: Education cess @ 2% Add: Secondary & Higher Education Cess @ 1%

6,80,100 13,602 6,801

Service tax payable 7,00,503

Working Notes:

1. If any advance received by service provider, the point of taxation will be the date of receipt of

advance. It is presumed that advance amount include service tax.

Hence value of taxable service = 100xTaxServiceofRate100

civedReAdvance

= 100x36.112000,50,7

= 6,67,497

2. Service provided to United Nations and specified international organizations are covered under mega exemption vide notification 25/2012-ST, Date 20.06.2012. Hence not Taxable.

1c) Computation of CST payable by Mr. Devansh a dealer of rice plant machinery in the rate of

Punjab:

Particulars W.N Amount

i) Total interstate sales Less: Dharmada Freight Cost of packing boxes for machinery Installation and commissioning charges shown separately Turnover including CST

1 2 1 3

95,00,000 Nil

3,00,000 Nil

65,000

91,35,000

CST Payable [91,35,000 x 1022

] 4 1,79,118

Working Notes:

1. Dharmada and cost of packing material are includible while calculating turnover.

2. Freight charges of Rs. 1,50,000 are not deductible while calculating the turnover as they are not shown separately in invoices. Remaining amount of freight, shown separately in the invoices, is deductible.

3. Installation and commissioning charges are deductible while calculating the turnover since shown separately in the invoices.

4. The CST on transactions covered by valid ‘C’ Form is 2% or the sales tax rate within the State, whichever is lower. Since, in this case, the State sales-tax rate is higher than 2% the rate of CST is taken as 2%.

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Question No. 2

2a) i)

Taxable / Not

Taxable

Amount liable to tax (Rs. )

Reason

a) Taxable 15,00,000 As per section 9(1)(iii), salaries payable by the Government to a citizen of India for service rendered outside India shall be deemed to accrue or arise in India. Therefore, salary paid by Central Government to Mr. David for services rendered outside India would be deemed to accrue or arise in India since he is a citizen of India.

b) Taxable 7,50,000 Legal charges paid to the non-resident lawyer who visited India to represent a case at Supreme Court would be taxable in India, since it accrues or arises in India.

c) Not Taxable

- Royalty paid by a resident to a non-resident in respect of a business carried outside India would not be taxable in the hands of the non-resident provided the same is not received in India. This has been provided as an exception to deemed accrual mentioned in section 9(1)(vi)(b).

d) Taxable 1,00,000 As per section 9(1)(v)(c), interest payable by a nonresident on moneys borrowed and used for the purposes of business carried on by such person in India shall be deemed to accrue or arise in India in the hands of the recipient.

ii) Computation of residential status of Ms. Bindu for A.Y: 2015-16

Basic conditions:

a) Must be present in India for a period of 182 days or more during the previous year

b) Must be present in India for a period of 60 days or more during the previous year and 365 days or more during the 4 years immediately preceding the previous year. Ms. Bindu came back to India on 19.02.2013

Preceding year 12-13 = 10+31 = 41 days 13-14 = 365 days

Previous Year 14-15 = 365 days

Satisfy the both basic conditions so Ms Bindu is resident

Additional conditions:

a) He is a resident in at least 2 out of 10 previous years preceding the relevant previous year;

b) His stay in India in the last 7 years preceding the relevant previous year is 730 days or more.

She does not satisfy the both additional conditions

So the residential status of Ms. Bindu is

“Resident but not ordinarily Resident”

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2b) Computation of value of taxable services and service tax payable by Rahul & Co.

Particulars W.N Amount of

Taxable Service

i) Amount collected from clients for recruitment of Permanent Staff Temporary Staff

1

5,00,000 3,00,000

ii) Amounts collected from clients for pre recruitment screening 1 2,50,000

iii) Domestic helps arranged for friends & relative 2 -

iv) Amount collected from a warehouse of agricultural produce for labour provided for loading & unloading

3 -

v) Advance received form prospective employees for conducting campus interview

- 2,00,000

Value of Taxable Service - 12,50,000

Service Tax 4 1,37,505

Working Notes:

1. Amounts collected from clients for recruitment of permanent staff or Temporary Staff and Pre recruitment screening taxable.

2. As per section 65 B(44) activity without consideration, (or) activity in the absence of contractual reciprocity is not a service, hence domestic helps arranged for friends & relative is not a service.

3. As per section 66D loading, unloading, packing, storage or warehousing of agricultural produce, covered under negative list, hence not taxable

4. Service Tax = TaxofxRateTaxServiceofRate100

ServiceTaxableofValue

= 36.12x36.12100

000,50,12

= 1,37,505/- (Rounded off)

2c) Computation of Net VAT liability of Balaji Enterprises for the year ended 31.3.2015

Particulars Rs.

Input tax credit:

Intra-State purchases of 1500 units raw materials (4,05,000X12.5/112.5) 45,000

Inter-State purchases of raw materials [Refer Note 1] -

Import of raw materials [Refer Note 2] -

Purchase of Capital Goods [Refer Note 3] 10,000

Other manufacturing expenses [Refer Note 4] -

Total input tax credit available (A) 55,000

Output VAT payable:

Sale of taxable goods within State [( ` 10,92,000 x 4)/104] 42,000

Sale of exempted goods within State [Refer Note 5] -

Total VAT payable (B) 42,000

Net VAT liability [VAT credit to be carried forward) [(B)-(A)] (13,000)

Notes:-

1. CST paid on inter-State purchases is not eligible for input tax credit.

2. Customs duty is not eligible for input tax credit.

3. VAT paid on purchase of capital goods is eligible for input tax credit. However, the same has

to be spread over a period of three years 3X11010X000,30,3

= 10,000

4. No input tax credit can be availed on expenses incurred on manufacturing.

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5. No VAT will be payable on sale of goods exempted from levy of VAT. Further, since these goods were manufactured from the inter-State purchases of raw materials (non vattable inputs), input tax credit is not affected.

6. VAT system allows credit in respect of purchases made during a period to be set-off against the taxable sales during that period, irrespective of when the supplies/inputs purchased are utilized/ sold. Therefore, input tax credit in respect of closing stock of raw materials need not be reduced from total input tax credit available.

Question No. 3

3a) Computation of deduction u/s 10AA of Income tax for AY-2015-16 if units are established in

the year 2008-09 A)

i) Total sales of Rudra Ltd. = Rs. 600,00,000

Less: DTA Sales = (Rs. 200,00,000)

Sales of SEZ unit Rs. 400,00,000

ii) Total Export sales of Rudra Ltd = Rs.460,00,000

Less: Export sales of DTA = Rs.(160,00,000)

Export sales of SEZ unit Rs.300,00,000

iii) Total Profit = Rs. 80,00,000

Less: Profit of DTA = Rs. (20,00,000)

Profit of SEZ unit Rs. 60,00,000

Deductions u/s 10AA for AY 2015-16 (8th year) = Profit of SEZ unit x 2SEofTurnoverTotal2SEofTurnoverExport

= 60,00,000 x 000,00,400000,00,300

= Rs. 45,00,000 x 50% = Rs. 22,50,000 Note: Deduction from 6th year to 10th year is allowed @ 50% of Deduction is available

B) Computation of Deduction u/s 10AA for the AY 2015-16 if units are established in the year 2012-13

As the units established in AY 2012-13, deduction therefore claiming year 2014-15 which is 3rd year 100% of export profits of SEZ is available

i.e., Rs.45,00,000 is available.

3b) Computation of CENVAT credit that can be availed by BC Pvt. Ltd. during the month of

April, 2015

Particulars Rs.

-

Input ‘A’ (Note 1) -

Input ‘B’ 1,35,000

Machinery falling under Chapter 82 [50% of Rs. 3,54,670] (Note 2) 1,77,335

Input ‘C’ (Note 3) -

Input service ‘X’ 45,340

Input service ‘Y’ (Note 4) -

GTA service (Note 5) 9,270

Total CENVAT credit that can be availed during the month of April, 2015 3,66,945

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Notes:

1. With effect from 01.09.2014, a manufacturer cannot not take CENVAT credit of inputs after six months of the date of issue of invoice [Third proviso to rule 4(1) of CCR].

2. Machinery covered under Chapter 82 is eligible capital goods under rule 2(a) of CCR. Since AB Pvt. Ltd. is not a SSI unit, only upto 50% of the duty paid on the machinery can be availed as CENVAT credit in the year of purchase in terms of rule 4(2)(a) of CCR. Time limit of six months for availment of CENVAT credit does not apply to capital goods.

3. CENVAT credit cannot be availed without a valid invoice [Rule 9 of CCR].

4. With effect from 01.09.2014, a manufacturer cannot take CENVAT credit of input services after six months of the date of issue of invoice [Sixth proviso to rule 4(7) of CCR].

5. GTA service used for bringing the raw materials to the factory is an input service in terms of rule 2(l) of CCR. As per Notification No. 30/2012 ST dated 20.06.2012, service tax on GTA service is payable under full reverse charge. Therefore, entire Rs. 9,270 would have been deposited by AB Pvt. Ltd. with the Government.

Further, with effect from 11.07.2014, where service tax is paid under full reverse charge, payment of service tax ensures availability of credit of input services even if the value of input service is not paid to the service provider [First proviso to rule 4(7) of CCR]. Since entire service tax has been paid by AB Pvt. Ltd, it can avail credit of such tax paid even though the payment has not been made to GTA.

3c)

Rate of Custom Duty

In case of imports by vessel, aircraft / by vehicle [Sec 15(1)(a)]: The date of presentation of Bill of Entry or Entry Inwards of the vessel or arrival of the aircraft/ vehicle, whichever is later

In the given situation Rajeswari Industries imported a machinery form Germany in an Air Craft

1. Rate previling on Date of Bill of Entry (12.07.2014) = 12%

2. Rate previling on Date of Entry inwards granted (25.07.2014) = 15%

Hence, rate of custom duty = Whichever is later i.e. 15%

Question No. 4

4a) W.N.1: Salary Income

Salary including D.A

Conveyance allowance (for official purpose)

Bonus

Salary of servant

Value of Gas, Electricity, water

Value of Education facility of children (12 x 2,500) – (12 x 1,000)

6,50,000

-

50,000

48,000

82,000

18,000

Total 8,48,000

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W.N.2: House Property

Particulars Dwarka house

(SOP) Rohini house

(LOP)

G.A.V Less: M.Taxes paid

Nil

Nil

4,20,000 (35,000 x 12)

12,000

N.A.V Less: Deductions u/s 2u: Standard deduction (30% of NAV) Interest (18,50,000 x 11%)=2,03,500 but restricted to 2,00,000

Nil

Nil 2,00,000

4,08,000

1,22,400 -

IFHP (2,00,000) 2,85,600

Net Income from House property = 2,85,600 – 2,00,000 = 85,600

W.N.3: Income of Other Sources

Taxable value of gift = 2 x 45,000 Add: Interest on gift to his wife (40,000 x 18%) Add: Interest of minor children (40,000 x 18%) 7,200 (-) 10(32) 1,500

90,000 7,200

5,700

Total 1,02,900

Computation Gross Total Income

Particulars Rs. Total

Income from Salary Income from house property PGBP Capital gains Other sources

8,48,000 85,600

- -

1,02,900

Gross Total Income 10,36,500

4b)

i) Continuous Supply of Service - Rule 2 (b) of POT Rules, 2011 Means any service:

a) Recurrent services for a period exceeding 3 months with periodic payments : Which is provided, or to be provided continuously or on recurrent basis, under a contract, for a period exceeding 3 months with the obligation for payment periodically or from time to time, or

b) Notified services : The following notified services -

i) Telecommunication service; and

ii) Service portion in execution of a works contract.

In case of continuous supply of services, date of completion of provision of service shall be deemed to be date of the completion of an event in terms of a contract, which requires the receiver of service to make any payment to service provider.

ii) Where an assessee has issued an invoice, or received any payment, against a service to be

provided which is not so provided by him either wholly or partially for any reason or where the amount of invoice is renegotiated due to deficient provision of service, or any terms contained in a contract, the assessee may take the credit of such excess service tax paid by him, if the assessee:

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a) has refunded the payment or part thereof, so received for the service provided to the person from whom it was received; or

b) has issued a credit note for the value of the service not so provided to the person to whom such an invoice had been issued

By the considering of above provision Mr. Mohan, a service provider can adjust service tax on Rs. 30,000 refunded by him from his current dues of service tax.

4c) Computation of Excise Duty payable and assessable value under section 4 central excise

Act, 1944

Particulars Amount

Invoice price

Less: VAT

5.1125.12Lx5.7

Less: Not Includable item Erection Charge(W.N.1) Packing Charges(W.N.2) Design Charges (W.N.2) Insurance charges(W.N.3) Outward Freight (W.N.3)

Price cum duty

Less: Excise Duty

36.11236.12x667,91,5

7,50,000

(83,333)

(50,000) - -

(8,000) (17,000)

5,91,667

65,085

Assessable value 5,26,582

Working Notes:

1. It is presumed that errection to be done at customer’s factory resulted into immovable. Hence such cost not includable in transaction value

2. packing and design charges are includable in transaction value.

3. insurance & outward Freight charges incurred after place of removal should not be includable in transaction value.

Question No. 5

5a) Capital Gains

Particulars Rs. Total

Consideration (-) Transfer Expenses

41,00,000 -

Net Consideration

(-) Indexed cost of acquisition (26,50,000 x 7111024

)

41,00,000 38,16,596

LTCG 2,83,404

Computation of total income of Mohini & Ragini

Particulars Mohini Ragini

Other Income LTCG Other sources (Gift) (41,00,000 – 35,00,000)

2,80,000 2,83,404

-

3,45,000 -

6,00,000

Total 5,63,404 9,45,000

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Note:

In the hands of Mohini 50c is applicable

In the hands of Ragini concepts of gift is applicable (Immovable property inadequate consideration)

5b)

i) Not Covered: Service provided by the Department of Post by way of speed post, express parcel post, Life Insurance and agency services provided to a person other than Government is taxable.

ii) Covered: Service provided by way of supply of farm labour relating to agriculture.

iii) Covered: Services by way of renting of residential dwellings for use as residence.

iv) Covered: Services for funeral, burial, crematorium or mortuary and transportation of the deceased.

v) Covered: Services relating to education as a part of an approved vocational education course.

vi) Not Covered: Service of transportation of passengers with or without accompanied belongings, by Railways in an air conditioned coach (or) First class Taxable

vii) Not Covered: Services by way of transportation of goods by road by a goods transportation agency. & courier agency are Taxable

viii) Not Covered: selling of space or time slots for advertisement broadcast by FM Radio and T.V are Taxable.

5c) Transaction Value [Section 4(3)(d)]: Transaction value has following ingredients-

a) Transaction value is the price actually paid or payable for the goods when sold.

b) It includes, in addition to the amount charged as price, any amount that the buyer is laible to pay to the assessee or to any other person on behalf of the assessee.

c) Such amount is payable by reason of or in connection with sale.

d) Such amount is payable at the time of sale or at any other time.

e) It includes any amount charged for, or to make provision for the following-

i) Advertising or Publicity;

ii) Marketing, selling and organization expenses;

iii) Storage;

iv) Outward handling;

v) Servicing;

vi) Warranty;

vii) Commission;

viii) Any other matter.

f) It does not include the amount of –

i) Duties of excise;

ii) Sales tax;

iii) Any other taxes, actually paid or payable on such goods.

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Question No. 6

6a) i) Computation of eligible deduction under chapter VI A of Ms. Roma for the AY:2015-16

Particulars Amount Amount (Rs)

i) Sec 80C

a) LIC premium paid 35,000 Restricted to 20% of policy value (1,50,000 x 20% = 30,000)

30,000

b) PPF 90,000

c) Repayment of housing loan 20,000

ii) Sec 80CCC Payment of LIC pension fund

25,000

1,65,000

As per Sec 80CCE deduction is restricted to (1,50,000)

iii) Sec 80D Payment of Medical insurance premium For self, wife and dependent children deduction limited to 15,000 For parents 25,000 Deduction limited to Rs. 20,000

15,000

20,000

Eligible deduction 1,85,000

ii) Cross Transfers

Clubbing Provisions will apply in case of cross transfers:

The income from the assets transferred would be assessed in the hands of deemed transferor if the transfers are so intimately connected as to form part of a single transaction, and each transfer constitutes consideration for the other by being mutual or otherwise

Accordingly, the income arising to Mrs. Ramesh from debentures (45,000) should be included in the total income of Mr.Ramesh and the interest on fixed deposit (45,000) would be taxable in the hands of Mr. Ramesh brother.

This is because Mr. Ramesh and his brother are the indirect transferors to their minor son and spouse, respectively of income yielding assets so as to reduce their burden of taxation.

6b) Payable, even if ST is not collected: Failure to realize or failure to charge the Service Tax, at

the prevailing rate, does not absolve the liability of the service provider to pay Service Tax.

Liability of the service provider to pay Service Tax subsists, even if it is not collected by him from his client.

Valuation, where billing is inclusive of Service Tax: The assessee is to calculate the Service Tax, based on reverse working.

Service Tax liability = TaxServiceofxRateTaxServiceofRate100

civedReAdvance

In the given situation Ms. Vasundhara, a service provider rendered a taxable service and received a consideration without service tax. Hence she has to pay service tax as prescribed above even though not collected any service tax.

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6c) The concept of ‘price-cum-duty’ as enunciated in the Explanation to Section 4 of the Central Excise Act, 1944 is as under –

The price-cum-duty of the excisable goods sold by the assessee shall be the price actually paid to him for the goods sold and the money value of the additional consideration, if any, flowing directly or indirectly from the buyer to the assesseee in connection with the sale of such goods. Such price cum duty, excluding sales tax and other taxes, if any, actually paid, shall be deemed to include the duty payable on such goods.

Thus, Assessable value shall be arrived as under from cum duty price-

Assessable value = dutyofRate100

deductionePermissiblicePrCumduty

Question No. 7

7a)

i) Loss Returns u/s 139(3)

a) If any person has sustained a loss in any previous year

i) Under the head profits and gains of business or profession under section 72(1), or

ii) Speculation loss under section 73(2), or

iii) Under the head capital goods under section 74(1), or

iv) Loss from the activity of owing, and maintaining race horses under section 74A(3), then, such loss can be carried forward and set off, only if the person furnishes a return of loss in prescribed form and containing prescribed particulars on or before the due date specified in section 139(1).

b) Any return filed u/s 139(3) will be treated as a return filed u/s 139(1).

c) Although the loss of current year cannot be carried forward unless the loss return is submitted before the due date but the loss of current years can be set off and loss of earlier years can be carried forward and set off in the current year.

d) If an assessee submits loss return u/s 142(1) such loss can not be carried forward.

Exception: Loss u/s 71B loss from house property can be carry forward if loss return u/s 139(3) file after the due date

ii) TDS implications in the lands of Mr. Raman:

Since the sale consideration of house property exceeds Rs. 50 Lakhs, Mr. Raman is required to deduct TDS under Sec. 194IA

The Tax to be deducted would be Rs. 65,000/- being 1% of Rs. 65 Lakhs

TDS provisions u/sec. 194IA are not attracted in respect of transfer of rural agricultural land, since rural agricultural land is not a capital asset.

iii) TDS: Tax deduction at source:

You will deduct when you made some payments like salaries, contract fee, rent, professional fee, interest etc..

it is a current liability

Some times your tax is also deducted by some one else, who is liable to payer source of income that is asset for you and you can adjust it will your tax liability at the time of filing your return.

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TCS: Tax collected at source: it means whenever you sell something which is covered by this section you need to collect tax from your customers with the sale invoice amount.

i.e. Alcoholic liquor, Indian made foreign liquor, tender leaves, Timber, any other forest product, scrap toll plaza, mining and quarrying.

7b) Mr. Suresh, the sub contractor is liable to charge and pay service tax on the basis of following

principle

A sub-contractor providing taxable service is essentially a service provider who is liable to pay tax on the services so provided by him. The fact that services provided by such sub-contractors are used by the main service provider for completion of his work does not in any way alter the fact of provision of taxable service by the sub-contractor.

Since, services provided by sub-contractors are in the nature of input services, the sub contractor’s service tax charge can be availed as credit by the main contractor whose burden of paying tax would reduce to that extent.

7c)

a) Yes, RSL Pvt. Ltd. was correct in availing the CENVAT credit on the said equipment in FYs 2010- 11 and 2011-12.

b) As per the definition of capital goods, pollution control equipment is eligible capital goods. Further, CENVAT credit of only upto 50% of the excise duty paid is available in respect of the eligible capital goods in the year of purchase. Thus, assessee is justified in taking 50% of the CENVAT credit of duty paid on the said goods in FY 2010-11 and balance in FY 2011-12.

c) Since the pollution control equipment is sold as scrap, RSL Pvt. Ltd. is required to pay ‘amount’ equal to excise duty on transaction value of scrap, i.e. 12.36% of Rs. 50,000. Thus, it is required to pay an ‘amount’ of Rs. 6,180.

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