DT Compressed PDF

INTERMEDIATE (IPC) COURSE
PRACTICE MANUAL
PAPER 4 : TAXATION
Part - I : Income-tax
[As amended by the Finance Act, 2016]
Assessment Year 2017-18
[Relevant for May, 2017 & November, 2017

Examinations]
BOARD OF STUDIES
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
© The Institute of Chartered Accountants of India

This Practice Manual has been prepared by the faculty of the Board of Studies. The objective of
the Practice Manual is to provide teaching material to the students to enable them to obtain
knowledge and skills in the subject. In case students need any clarifications or have any
suggestions to make for further improvement of the material contained herein, they may write to
the Director of Studies.
All care has been taken to provide interpretations and discussions in a manner useful for the
students. However, the Practice Manual has not been specifically discussed by the Council of the
Institute or any of its Committees and the views expressed herein may not be taken to necessarily
represent the views of the Council or any of its Committees.
Permission of the Institute is essential for reproduction of any portion of this material.
 THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
All rights reserved. No part of this book may be reproduced, stored in retrieval system, or
transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording, or
otherwise, without prior permission in writing from the publisher.
Revised Edition : October, 2016
Website : www.icai.org
E-mail : [email protected]
ISBN No. :
Price :
Published by : The Publication Department on behalf of The Institute of Chartered

Accountants of India, ICAI Bhawan, Post Box No. 7100, Indraprastha
Marg, New Delhi – 110 002.
Typeset and designed at Board of Studies.
Printed by :

A WORD ABOUT PRACTICE MANUAL
The Board of Studies has been instrumental in imparting theoretical education for the students
of Chartered Accountancy Course. The distinctive characteristic of the course i.e., distance
education, has emphasized the need for bridging the gap between the students and the
Institute and for this purpose, the Board of Studies has been providing a variety of educational
inputs for the students. Bringing out a series of subject-wise Practice Manuals is one of the
quality services provided by the Institute. These Practice Manuals are highly useful to the
students preparing for the examinations, since they are able to get answers for all important
questions relating to a subject at one place and that too, grouped chapter-wise.
Income-tax constitutes Part I of Intermediate (IPC) Paper 4: Taxation. Practice Manual of
Part I: Income-tax, is divided into ten chapters in line with the Study Material on Income-tax.
This will help the students to correlate the Practice Manual with the Study Material and
facilitate in complete revision of each chapter. This Practice Manual has been prepared on the
basis of the provisions of law as amended by the Finance Act, 2016, and applicable for
A.Y.2017-18.
In this edition of the Practice Manual, all the questions have been adapted and answered on
the basis of the provisions of income-tax law as amended by the Finance Act, 2016, which are
relevant for the A.Y.2017-18, being the assessment year applicable for students appearing in
May, 2017 and November, 2017 examinations.
This Practice Manual contains a wide range of questions on income-tax and includes
questions set at the past examinations at PE-II, PCC & IPCC levels as well as other important
questions. Solving questions in the Practice Manual would, therefore, facilitate in thorough
understanding of the manner of application of the provisions discussed in the Study Material.
In this edition of the Practice Manual, “Key Points” have been included at the beginning of
each chapter, which would aid the students in answering the questions and solving the
problems contained in that chapter. It would also facilitate quick revision of the chapter.
The Practice Manual also contains a matrix showing the topic-wise distribution of examination
questions to make the students aware of the weightage given to the various chapters in the
examination. The Practice Manual will serve as a useful and handy reference guide while
preparing for Intermediate (IPC) Examination. It will guide the students to improve their
performance in the examinations and also help them to work upon their grey areas and plan a
strategy to tackle problems in income-tax. For further clarification/guidance, students may
send their queries at [email protected] or [email protected].
Happy Reading and Best Wishes!

Paper – 4: Taxation
Statement showing topic-wise distribution of Examination Questions along with Marks
Chapter Term of Examination Total Avg.
Marks Marks
Nov. 2011 May 2012 Nov 2012 May 2013 Nov 2013 May 2014 Nov 2014 May Nov 2015 May 2016
2015
Q M Q M Q M Q M Q M Q M Q M Q M Q M Q M
PART-I : INCOME
TAX
1 Basic Concepts 7(a) 4 2(a)(i) 4 8 .8
2 Residence and 6(a)(i) 4 2(a) 8 2(a) 8 2(a) 8 2(a) 8 2(a)(ii) 4 40 4.0
Scope of Total
Income
3 Incomes which 4(b)(ii) 2 3(a) 4 3(a) 8 3(a)(i) 4 36 3.6
do not form Part 5(a) 4 (ii) 3(a)(ii) 4
of Total Income 7(b) 8 7(iii)(A) 2
4 Heads of 6(a) 8 7(a)(iii) 4 12 1.2
Income
Unit- Income 2(a) 8 7(a) 8 3(a) 8 3(a) 8 3(A) 8 4(a) 8 4(a) 8 56 5.6
1 from
Salaries
Unit- Income 2(a) 4 2(a) 8 4(A) 8 6(a) 8 28 2.8
2 from (iii)
House
Property
Unit- Profits and 1(a) 5 6(a) 8 4(a) 8 7(a)(ii) 4 5(b) 4 2(A) 8 3(a) 4 5(a) 8 5(a) 8 77 7.7
3 Gains of 4(a) 8 (i) 8
Business 7(a)(i) 4 5(a)
or
Profession

Unit- Capital 3(a) 8 3(a) 8 3(a) 8 6(a) 8 4(a) 4 5(A) 8 5(a) 8 3(a) 8 64 6.4
4 Gains 7(a)(iii) 4
Unit- Income 6(a)(ii) 4 4(b)(i) 2 4(a) 8 16 1.6

5 from Other 7(iii)(B) 2
Sources
5 Income of other 1(a) 5 2(a)(ii) 4 2(a) 8 5(a) 8 6(a) 4 6(a) 4 41 4.1
Persons 5(a) 8 (ii) (ii)
included in
Assessee’s Total
Income
6 Set-off and 4(a) 8 5(a) 8 4(a) 8 6(a) 8 6(A) 4 6(a) 8 44 4.4
Carry Forward of
Losses
7 Deductions from 5(a) 8 6(B) 4 6(a) 4 6(a) 4 20 2
Gross Total (i) (i)
Income
8 Computation of 1(b) 5 1(a) 10 1(a) 10 1(a) 10 1(a) 10 1(A) 10 1(a) 10 1(a) 10 1(a) 10 1(a) 10 111 11.1
Total Income 4(a) 8 4(a) 8
and Tax Payable
9 Provisions 7(a)(ii) 4 7(a)(i) 4 7(a)(i) 4 7(A) 4 7(a 4 7(a) 8 7(a)(i) 4 7(a)(i) 4 46 4.6
concerning (1)/ 2 (i) (ii) 7(a)(ii) 4 7(a)(ii) 4
Advance Tax (3) &(iii)
and TDS
10 Provisions for 7(a)(iii) 4 2(a)(i) 4 7(a)(ii) 4 7(A) 4 7(a) 8 7(a) 4 7(a)(iii) 4 32 3.2
filing of Return of (2) (ii)& (i)
Income (iii)
Note: ‘Q’ represents question numbers as they appeared in the question paper of respective examination. ‘M’ represents the
marks which each question carries.
The question papers of all the past attempts of IPCE/Intermediate (IPC) Examinations can be accessed from the BOS Knowledge
Portal on the Institute’s website www.icai.org

CONTENTS
Chapter Chapter Heading Page No.

PART I : INCOME TAX
1 Basic Concepts 1.1 – 1.9
2 Residence and Scope of Total Income 2.1 – 2.26
3 Incomes which do not form Part of Total Income 3.1 – 3.17
4 Heads of Income 4.1 – 4.235
Unit-1: Income from Salaries 4.1 – 4.48
Unit-2: Income from House Property 4.49 – 4.74
Unit-3: Profits and Gains of Business or Profession 4.75 – 4.156
Unit-4: Capital Gains 4.157 – 4.219
Unit-5: Income from Other Sources 4.220 – 4.235
5 Income of other Persons included in Assessee’s Total Income 5.1 – 5.18
6 Set-off and Carry Forward of Losses 6.1 – 6.24
7 Deductions from Gross Total Income 7.1 – 7.19
8 Computation of Total Income and Tax Payable 8.1 – 8.109
9 Provisions concerning Advance Tax and Tax Deducted at Source 9.1 – 9.22
10 Provisions for filing of Return of Income 10.1 – 10.14
Annexure : Text of Income Computation and Disclosure Standards (ICDSs) notified on

29.9.2016 to be applicable from A.Y.2017-18 and the significant changes in the ICDSs notified on
29.9.2016 vis-a-vis ICDSs notified earlier on 31.3.2015 (since rescinded).

1 Basic Concepts
Introduction
Components of income-tax law
The income-tax law, which governs the levy of income-tax in India, has the
following components –
(1) Income-tax Act, 1961
• The main source of income-tax law is the Income-tax Act, 1961.
• The Act is divided into sections; the sections are grouped under Chapters.
The Act also contains Schedules.
• Many of the sections are further divided into sub-sections, clauses and
sub-clauses, which are denoted within brackets.
For example, if we have to refer to section 80D, sub-section (2) clause (b),
the same should be written as section 80D(2)(b).
(2) Income-tax Rules, 1962
• Rules are necessary for carrying out the purposes of the Act.
• The Act gives power to the authority responsible for implementation of
the Act to make appropriate rules.
• The Central Board of Direct Taxes (CBDT) governs the administration of
Income-tax Act, 1961 in India, for which purpose it frames rules from
time to time.
• These rules together form the Income-tax Rules, 1962.
(3) Annual Finance Act
• The Finance Bill is introduced in the Parliament every year for
implementing the tax proposals in the Union Budget.
• When the Finance Bill is approved by the Parliament and gets the assent of
the President, it becomes the Finance Act.
• The amendments are made every year to the Income-tax Act, 1961 and
other tax laws by the Finance Act.
• The First Schedule to the Finance Act contains four parts which specify
the rates of tax –

1.2 Income-tax
 Part I of the First Schedule to the Finance Act specifies the rates of
tax applicable for the current Assessment Year.
 Part II specifies the rates at which tax is deductible at source for the
current Financial Year.
 Part III gives the rates for calculating income-tax for deducting tax from
income chargeable under the head “Salaries” and computation of advance
tax.
 Part IV gives the rules for computing net agricultural income.
(4) Circulars/Notifications
• Circulars are issued by the CBDT to clarify the meaning and scope of
certain provisions contained in the Act.
• Notifications are issued by the Central Government to give effect to the
provisions of the Act.
For example, under section 10(15)(iv)(h), interest payable by any public
sector company in respect of such bonds or debentures and subject to
such conditions as the Central Government may, by notification in the
Official Gazette, specify in this behalf would be exempt. Therefore, the
bonds and debentures, interest on which would qualify for exemption
under this section are specified by the Central Government through
Notifications.
(5) Case law decisions
• The various issues which arise out of the provisions of the Act are decided
by judicial forums.
• The decisions of the Courts interpreting the provisions of the law also
form an important constituent of income-tax law.
Note – Case laws, are however, dealt with only at the Final level and not at the
Intermediate (IPC) level.
Fundamental concepts of income-tax law
Income
The concept of “income” under the Income-tax Act, 1961, is not the same as what
is generally understood as “income” in common parlance.
An exhaustive definition is one which confines the scope to what is contained in the
definition, whereas an inclusive definition does not limit the scope to what is
mentioned in the definition.
The definition of “income” as per section 2(24) of the Income-tax Act, 1961, begins
as “income includes ……”. The definition of “income” is, therefore, inclusive and
not exhaustive. This implies that the scope of income is not confined only to the
income which are mentioned in section 2(24).

Basic Concepts 1.3
In Common Parlance Under the Income-tax Act, 1961

(1) Income is understood Income also includes casual income like
as a regular monetary winnings from lotteries, crossword puzzles etc.
return from specified
sources.
(2) Normally, only revenue Capital gains on transfer of assets are specifically
receipts are considered included in the definition of income.
as income.
(3) Income means the Income is also calculated applying a presumptive
actual income i.e., gross rate on gross receipts, in certain cases, for
receipts less expenditure example, an individual carrying on civil
incurred. construction business with gross receipts of, say,
` 80 lakh, can calculate his income by applying
the presumptive rate of 8% on ` 80 lakh, even
though his actual income may be higher.
(4) Income generally refers Even notional income is treated as income, if
to real income. specifically provided under the Act i.e. annual
value of a property which is not actually let out but
is deemed to be let out is chargeable to income-tax.
(5) Income connotes the The deductions specifically provided for under
gross receipts after the Income-tax Act, 1961 can alone be reduced
deducting actual to compute income.
expenditure incurred to Also, if there are any restrictions on the quantum
earn such receipts. of deduction allowable under the Act, the
deduction would be allowed subject to such limits.
For instance, in case of salary income, transport
allowance is allowable as deduction only up to
` 1,600 per month, even though the employee may
have actually incurred more than ` 1,600 p.m. and
may be getting a higher transport allowance.
Sometimes, deduction may be allowed for a
higher sum than actually incurred. For example,
weighted deduction @200% is allowable in
respect of in-house scientific research
expenditure incurred by a company.
(6) Income is generally The Income-tax Act, 1961 has specific
considered to belong to provisions including the income of one person
the person who receives in the hands of the other, in certain
the same. circumstances, like including income of a minor
child in the hands of the parent.

1.4 Income-tax
Previous Year & Assessment Year

Assessment year (A.Y.) means the period of twelve months commencing on the 1st
April every year. Assessment year is the financial year following the previous year.
Previous year (P.Y.) is the financial year immediately preceding the assessment year,
i.e., it is the financial year ending on 31st March, in which the income has
accrued/received. In case of a newly set-up business, the previous year would be the
period beginning with the date of setting up of the business or profession or, as the
case may be, the date on which the source of income newly came into existence,
and ending on 31st March.
Income earned during the previous year is chargeable to tax in the Assessment year.
For example, income earned during the P.Y. 2016-17 is chargeable to tax in the A.Y.
2017-18. Therefore, for the A.Y.2017-18, the relevant previous year is P.Y.2016-17.
Person [Section 2(31)]
The levy of income-tax is on every “person”. The definition of “person” is, again,
inclusive. It includes an individual, a Hindu Undivided Family (HUF, in short), a
company, a firm, an association of persons (AOP) or a body of individuals (BOI),
whether incorporated or not, a local authority and every artificial juridical person.
Assessee [Section 2(7)]
“Assessee” means a person by whom tax or any other sum of money is payable
under the Income-tax Act, 1961. In addition, it includes –
• Every person in respect of whom any proceeding under the Act has been taken
for the assessment of –
 his income; or
 the income of any other person in respect of which he is assessable; or
 the loss sustained by him or by such other person; or
 the amount of refund due to him or to such other person.
• Every person who is deemed to be an assessee under any provision of this Act;
• Every person who is deemed to be an assessee-in-default under any provision
of this Act.
Question 1
Write short note on “Income accruing” and “Income due”. Can an income which has been
taxed on accrual basis be assessed again on receipt basis?
Answer
‘Accrue’ refers to the right to receive income, whereas ‘due’ refers to the right to enforce
payment of the same. For e.g. salary for work done in December will ‘accrue’ throughout the
month, day to day, but will become ‘due’ on the salary bill being passed on 31st December or 1st
January. Similarly, on Government securities, interest payable on specified dates arise during

Basic Concepts 1.5
the period of holding, day to day, but will become ‘due’ for payment on the specified dates.
Income which has been taxed on accrual basis cannot be assessed again on receipt basis, as
it will amount to double taxation. For example, when interest on bank deposit is offered on
accrual basis, amounts received on maturity of such deposit including interest thereon cannot
be treated as income again.
Question 2
An employee instructs his employer to pay a certain portion of his salary to a charity and
claims it as exempt as it is diverted by over riding charge / title – Comment.
Answer
In the instant case, it is an application of income and in the nature of foregoing of salary. According to
the Supreme Court judgment in CIT v. L.W. Russel (1964) 52 ITR 91, the salary which has been
foregone after its accrual in the hands of the employee is taxable. Hence, the amount paid by the
employer to a charity as per the employee’s directions is taxable in the hands of the employee.
Question 3
Describe average rate of tax and maximum marginal rate under section 2(10) and 2(29C) of
the Income-tax Act, 1961.
Answer
As per section 2(10), "Average Rate of tax" means the rate arrived at by dividing the amount
of income-tax calculated on the total income, by such total income.
Section 2(29C) defines "Maximum marginal rate" to mean the rate of income-tax (including
surcharge on the income-tax, if any) applicable in relation to the highest slab of income in the
case of an individual, AOP or BOI, as the case may be, as specified in Finance Act of the
relevant year.
Question 4
Who is an “Assessee”? Who is a “Deemed Assessee”? Who is an “Assessee in Default”?
Explain with suitable examples.
Answer
Assessee
As per section 2(7), assessee means a person by whom tax or any other sum of money is
payable under the Income-tax Act, 1961.
In addition, the term includes –
• Every person in respect of whom any proceeding under the Act has been taken for the
assessment of –
 his income; or

1.6 Income-tax
 the income of any other person in respect of which he is assessable; or

 the loss sustained by him or by such other person; or
 the amount of refund due to him or to such other person.
• Every person who is deemed to be an assessee under any provision of this Act;
• Every person who is deemed to be an assessee in default under any provision of this Act.
Deemed Assessee
Assessee includes every person who is deemed to be an assessee under the provisions of the
Act. For example, section 160(1) defines “Representative assessee”. Section 160(2) states
that, every representative assessee shall be deemed to be an assessee for the purposes of
the Act.
Assessee in default
A person is said to be an assessee in default if he fails to comply with the duties imposed
upon him under the Income-tax Act, 1961. Suppose an employer who pays salary or other
person who pays interest, commission, professional fees etc. but does not deduct tax at
source and deposit into government treasury, then, he shall be deemed to be an assessee in
default. Likewise, under section 218, if a person does not pay advance tax, then, he shall be
deemed to be an assessee-in-default.
Question 5
State any four instances where the income of the previous year is assessable in the previous
year itself instead of the assessment year.
Answer
The income of an assessee for a previous year is charged to income-tax in the assessment
year following the previous year. However, in a few cases, the income is taxed in the previous
year in which it is earned. These exceptions have been made to protect the interests of
revenue. The exceptions are as follows:
(i) Where a ship, belonging to or chartered by a non-resident, carries passengers, livestock,
mail or goods shipped at a port in India, the ship is allowed to leave the port only when
the tax has been paid or satisfactory arrangement has been made for payment thereof.
7.5% of the freight paid or payable to the owner or the charterer or to any person on his
behalf, whether in India or outside India on account of such carriage is deemed to be his
income which is charged to tax in the same year in which it is earned.
(ii) Where it appears to the Assessing Officer that any individual may leave India during the
current assessment year or shortly after its expiry and he has no present intention of
returning to India, the total income of such individual for the period from the expiry of the
respective previous year up to the probable date of his departure from India is
chargeable to tax in that assessment year.
(iii) If an AOP/BOI etc. is formed or established for a particular event or purpose and the

Basic Concepts 1.7
Assessing Officer apprehends that the AOP/BOI is likely to be dissolved in the same year
or in the next year, he can make assessment of the income up to the date of dissolution
as income of the relevant assessment year.
(iv) During the current assessment year, if it appears to the Assessing Officer that a person
is likely to charge, sell, transfer, dispose of or otherwise part with any of his assets to
avoid payment of any liability under this Act, the total income of such person for the
period from the expiry of the previous year to the date, when the Assessing Officer
commences proceedings under this section is chargeable to tax in that assessment year.
(v) Where any business or profession is discontinued in any assessment year, the income of
the period from the expiry of the previous year up to the date of such discontinuance
may, at the discretion of the Assessing Officer, be charged to tax in that assessment
year.
Exercise
1. The basic source of income-tax law is -
(a). Income-tax Act, 1961
(b). Circulars/Notifications issued by CBDT
(c). Judgments of Courts
2. A domestic company means -
(a). Only an Indian company
(b). Only a foreign company which has made the prescribed arrangements for declaration and
payment of dividends in India
(c). Indian company and a foreign company which has made the prescribed arrangements for
declaration and payment of dividends in India
3. The rates of income tax are mentioned in -
(a). Income-tax Act, 1961
(b). The Annual Finance Acts
(c). Both in the Income-tax Act, 1961 and the Annual Finance Acts.
4. The surcharge applicable in the case of an individual is -
(a). 10% of tax payable if total income exceeds ` 1 crore
(b). 12% of tax payable if total income exceeds ` 1 crore
(c). 15% of tax payable if total income exceeds ` 1 crore

1.8 Income-tax
5. In respect of a resident assessee, who is of the age of 60 years or more but less than 80 years at
any time during the previous year 2016-17, -
(a). Higher basic exemption of ` 2,50,000 is available
(b). Higher basic exemption of ` 3,00,000 is available
(c). Higher basic exemption of ` 5,00,000 is available.
6. The rate of tax applicable to a domestic company for A.Y. 2017-18, where turnover/gross receipts
does not exceed ` 5 crore during the P.Y. 2014-15, is -
(a). 29%
(b). 25%
(c). 30%
7. The surcharge applicable to a domestic company for A.Y. 2017-18 is -
(a). 5%, if total income exceeds ` 1 crore.
(b). 7%, if the total income exceeds ` 1 crore but does not exceed ` 10 crore, and 15%, if the
total income exceeds ` 10 crore.
(c). 7%, if the total income exceeds ` 1 crore but does not exceed ` 10 crore, and 12%, if the
total income exceeds ` 10 crore.
8. The surcharge applicable to a foreign company for A.Y. 2017-18 is -
(a). 5%, if the total income exceeds ` 1 crore.
(b). 2%, if the total income exceeds ` 1 crore but does not exceed ` 10 crore and 5% if the total
income exceeds ` 10 crore.
(c). 2%, if the total income exceeds ` 10 crore.
9. The rate of tax applicable to a firm for A.Y. 2017-18 is -
(a). 30%
(b). 35%
(c) 40%
10. Where the total income of an artificial juridical person is ` 3,10,000, the income-tax payable is
` …………… and surcharge payable is ` …………..
(a) ` 6,000; surcharge – nil.
(b) ` 11,000; surcharge – ` 1100.
(c) ` 93,000; surcharge – ` 4650.
11. Define the following terms under the Income-tax Act, 1961 -
(i) Assessee

Basic Concepts 1.9
(ii) Person
(iii) Previous year
12. Write short notes on the following -
(i) Year of accrual of dividend
(ii) Marginal relief
13. “Income of a previous year will be charged to tax in the assessment year following the previous
year”- Discuss the exceptions to this general rule.
14. Explain the concept of “Marginal Relief” under the Income-tax Act, 1961.
Answers
1. a; 2. c; 3. c; 4. c; 5. b; 6. a; 7. c; 8. b; 9. a., 10. a.

2 RESIDENCE AND SCOPE OF TOTAL
INCOME
Key Points
Section 6 [Residence in India]
(i) Individuals [Resident and ordinarily resident / Resident but not ordinarily
resident / non-resident]. The residential status of an individual is determined
on the basis of the period of his stay in India.
Basic conditions:
(i) Must be present in India for a period of 182 days or more during the
previous year
(ii) 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.
However, the second condition is not applicable in the following cases:
(1) An Indian citizen who leaves India during the previous year for the purpose of
employment outside India or as a member of the crew of an Indian ship;
(2) An Indian citizen or a person of Indian origin who, being outside India,
comes on a visit to India during the previous year.
Additional conditions:
(i) He is a resident in at least 2 out of 10 previous years preceding the relevant
previous year;
(ii) His stay in India in the last 7 years preceding the relevant previous year is
730 days or more.
Resident and ordinarily Resident but not Non-resident
resident ordinarily resident
Must satisfy at least one Must satisfy at least one Must not satisfy
of the basic conditions of the basic conditions either of the basic
and both the additional and one or none of the conditions.
conditions. additional conditions.
(ii) HUFs [Resident and ordinarily resident / Resident but not
ordinarily resident / non-resident]
(i) A HUF would be resident in India if the control and management
of its affairs is situated wholly or partly in India.

Residence and Scope of Total Income 2.2
(ii) If the control and management of the affairs is situated wholly

outside India, it would become a non-resident.
(iii) If the HUF is resident, then the status of the Karta would determine
whether the HUF is resident and ordinarily resident or resident but
not ordinarily resident
If the karta is resident and ordinarily resident, then the HUF would be a
resident and ordinarily resident and if the karta is resident but not
ordinarily resident, then the HUF would be a resident but not ordinarily
resident.
(iii) Firms & AOPs [Resident / Non-resident]
(i) A firm or AOP would be resident in India if the control and
management of its affairs is situated wholly or partly in India.
(ii) If the control and management of the affairs is situated wholly
outside India, it would become a non-resident.
(iv) Companies [Resident / Non-resident]
(i) A company would be resident in India in any previous year if it is an
Indian Company or its place of effective management (POEM) in that
year is in India.
(ii) If the company is not an Indian Company and its POEM is also not in
India in that year, it would become a non-resident for that year.
Section 5 [Scope of Total Income]
Resident And Resident But Not Non-Resident
Ordinarily Resident Ordinarily Resident
Income received/ Income which is received/ Income received/
deemed to be deemed to be received/ deemed to be received/
received/ accrued or accrued or arisen/ deemed accrued or
arisen/ deemed to to accrue or arise in India; arisen/deemed to accrue
accrue or arise in or AND or arise in India.
outside India Income which accrues or
arises outside India being
In short, the global derived from a business
income is taxable. controlled from or
profession set up in India.
Question 1
Mr. Ramesh & Mr. Suresh are brothers and they earned the following incomes during the
financial year 2016-17. Mr. Ramesh settled in Canada in the year 1995 and Mr. Suresh
settled in Delhi. Compute the total income for the assessment year 2017-18.

2.3 Income-tax
Sr. Particulars Mr. Ramesh Mr. Suresh

No. (` ) (` )
1. Interest on Canada Development Bonds (only 50% of 35,000 40,000
interest received in India)
2. Dividend from British company received in London 28,000 20,000
3. Profit from a business in Nagpur, but managed directly 1,00,000 1,40,000
from London
4. Short term capital gain on sale of shares of an Indian 60,000 90,000
company received in India
5. Income from a business in Chennai 80,000 70,000
6. Fees for technical services rendered in India, but 1,00,000 ----
received in Canada
7. Interest on savings bank deposit in UCO Bank, Delhi 7,000 12,000
8. Agricultural income from a land situated in Andhra 55,000 45,000
Pradesh
9. Rent received in respect of house property at Bhopal 1,00,000 60,000
10. Life insurance premium paid --- 30,000
Answer
Computation of total income of Mr. Ramesh & Mr. Suresh for the A.Y. 2017-18
S. No. Particulars Mr. Ramesh Mr. Suresh
(Non- (Resident)
Resident) (`)
(`)
1. Interest on Canada Development Bond (See Note 2) 17,500 40,000
2. Dividend from British Company received in London - 20,000
(See Note 3)
3. Profit from a business in Nagpur but managed 1,00,000 1,40,000
directly from London (See Note 2)
4. Short term capital gain on sale of shares of an 60,000 90,000
Indian company received in India (See Note 2)
5. Income from a business in Chennai (See Note 2) 80,000 70,000
6. Fees for technical services rendered in India, but 1,00,000 -
received in Canada (See Note 2)
7. Interest on savings bank deposit in UCO Bank, Delhi 7,000 12,000
(See Note 2)

8. Agricultural income from a land in Andhra Pradesh - -

(See Note 4)
9. Income from house property at Bhopal (See Note 5) 70,000 42,000
Gross Total income 4,34,500 4,14,000
Less: Deduction under chapter VIA-
Section 80C-Life insurance premium paid - 30,000
Section 80TTA (See Note 6) 7,000 10,000
Total Income 4,27,500 3,74,000
Notes:
1. Mr. Ramesh is a non-resident since he has been living in Canada since 1995. Mr.
Suresh, who is settled in Delhi, is a resident.
2. In case of a resident, his global income is taxable as per section 5(1). However, as per
section 5(2), in case of a non-resident, only the following incomes are chargeable to tax:
(i) Income received or deemed to be received in India; and
(ii) Income accruing or arising or deemed to accrue or arise in India.
Therefore, fees for technical services rendered in India would be taxable in the hands of
Mr. Ramesh, even though he is a non-resident.
The income referred to in Sl. No. 3,4,5 and 7 are taxable in the hands of both Mr.
Ramesh and Mr. Suresh since they accrue or arise in India.
Interest on Canada Development Bond would be fully taxable in the hands of Mr. Suresh,
whereas only 50% which is received in India is taxable in the hands of Mr. Ramesh.
3. Dividend received from British company in London by Mr. Ramesh is not taxable since it
accrues and is received outside India. However, dividend received by Mr. Suresh is
taxable, since he is a resident. Exemption under section 10(34) would not be available in
respect of dividend received from a foreign company.
4. Agricultural income from a land situated in India is exempt under section 10(1) in the
case of both non-residents and residents.
5. Income from house property-
Mr. Ramesh Mr. Suresh
(`) (`)
Rent received 1,00,000 60,000
Less: Deduction under section 24 @ 30% 30,000 18,000
Net income from house property 70,000 42,000

2.5 Income-tax
The net income from house property in India would be taxable in the hands of both Mr.
Ramesh and Mr. Suresh, since the accrual and receipt of the same are in India.
6. In case of an individual, interest upto ` 10,000 from savings account with, inter alia, a
bank is allowable as deduction under section 80TTA.
Question 2
Mrs. Geetha and Mrs. Leena are sisters and they earned the following income during the
Financial Year 2016-17. Mrs. Geetha is settled in Malaysia since 1986 and visits India for
a month every year. Mrs. Leena is settled in Indore since her marriage in 1994. Compute
the total income of Mrs. Geetha and Mrs. Leena for the assessment year 2017-18:
Sl. Particulars Mrs. Geetha Mrs. Leena
No. ` `
(i) Income from Profession in Malaysia, (set up in 15,000 -
India) received there
(ii) Profit from business in Delhi, but managed 40,000 -
directly from Malaysia
(iii) Rent (computed) from property in Malaysia 1,20,000 -
deposited in a Bank at Malaysia, later on
remitted to India through approved banking
channels.
(iv) Dividend from PQR Ltd., an Indian Company 5,000 9,000
(v) Dividend from a Malaysian company received in 15,000 8,000
Malaysia
(vi) Cash gift received form a friend on Mrs. Leena’s - 51,000
50 th birthday
(vii) Agricultural income from land in Maharashtra 7,500 4,000
(viii) Past foreign untaxed income brought to India 5,000 -
(ix) Fees for technical services rendered in India 25,000 -
received in Malaysia
(x) Income from a business in Pune (Mrs. Geetha 12,000 15,000
receives 50% of the income in India)
(xi) Interest on debentures in an India company 18,500 14,000
(Mrs. Geetha received the same in Malaysia)
(xii) Short-term capital gain on sale of shares of an 15,000 25,500
Indian company
(xiii) Interest on savings account with SBI 12,000 8,000
(xiv) Life insurance premium paid to LIC - 30,000

Answer
The residential status of Mrs. Geetha and Mrs. Leena has to be determined on the basis
of the number of days of their stay in India. Since Mrs. Geetha is settled in Malaysia since
1986, she would be a non-resident for A.Y.2017-18. Her visit to India for a month every
year would not change her residential status. However, Mrs. Leena would be resident and
ordinarily resident for A.Y.2017-18, since she is settled in India permanently since 1994.
Based on their residential status, the total income of Mrs. Geetha and Mrs. Leena would
be determined as follows:
Computation of total income of Mrs. Geetha & Mrs. Leena for the A.Y. 2017-18
S. Particulars Mrs. Geetha Mrs. Leena
No. (Non-Resident) (Resident)
(`) (`)
1. Income from profession in Malaysia (set up in India) - -
received there (Note 1)
2. Profit from business in Delhi, but managed directly 40,000 -
from Malaysia (Note 1)
3. Rent (computed) from property in Malaysia - -
deposited in a Bank at Malaysia, later on remitted to
India through approved banking channels (Note 1)
4. Dividend from PQR Ltd. an Indian Company - -
[Exempt under section 10(34)]
5. Dividend from Malaysian Company received in - 8,000
Malaysia (Note 1)
6. Cash gift received from a friend on Mrs. Leena’s - 51,000
50th birthday
Note: As per section 56(2)(vii), cash gifts received
from a non-relative would be taxable, if the amount
exceeds ` 50,000 in aggregate during the previous
year.
7. Agricultural income from land in Maharashtra - -
[Exempt under section 10(1), both in the hands
of non-resident and resident].
8. Past foreign untaxed income brought to India [Not - -
taxable, since it does not represent income
of the P.Y.2016-17].
9. Fees for technical services rendered in India, but 25,000 -
received in Malaysia (Note 1)

2.7 Income-tax
10. Income from a business in Pune (Mrs. Geetha 12,000 15,000

receives 50% of the income in India) (Note 2)
11. Interest on debentures in an Indian company (Mrs. 18,500 14,000
Geetha received the same in Malaysia) (Note 2)
12. Short-term capital gain on sale of shares of an 15,000 25,500
Indian company (Note 2)
13. Interest on savings account with SBI (Note 2) 12,000 8,000
Gross Total income 1,22,500 1,21,500
Less: Deductions under Chapter VIA
- Section 80C [Life insurance premium paid] - 30,000
[Assuming that premium paid is within the specified
percentage (10% /20%, as the case may be) of
capital sum assured]
- Section 80TTA 10,000 8,000
(In case of an individual, interest upto
` 10,000 from savings account with, inter alia, a
bank is allowable as deduction under section
80TTA) _______ ______
Total Income 1,12,500 83,500
Notes:
(1) As per section 5(1), global income is taxable, in case of a resident. However, as per
section 5(2), only the following incomes are chargeable to tax, in case of a non-resident:
Therefore, income from profession in Malaysia, rent from property in Malaysia and
dividend from Malaysian company received in Malaysia by Mrs. Geetha, a non-resident,
would not be taxable in India, since both the accrual and receipt are outside India.
However, profit from business in Delhi would be taxable in India in the hands of
Mrs. Geetha, even though it is managed directly from Malaysia.
Further, by virtue of section 9(1)(vii), fees for technical services rendered in India would
also be taxable in the hands of Mrs. Geetha, since it is deemed to accrue or arise in
India.
(2) The income referred to in S. No. 10, 11, 12 and 13 are taxable in the hands of both Mrs.
Geetha and Mrs. Leena due to their accrual/deemed accrual in India, even though a part
of income from business in Pune and the entire interest on debentures in Indian company
is received by Mrs. Geetha outside India.

Question 3
Discuss the correctness or otherwise of the statement- “Income deemed to accrue or arise in
India to a non-resident by way of interest, royalty and fees for technical services is to be taxed
irrespective of territorial nexus”.
Answer
This statement is correct.
As per Explanation to section 9, income by way of interest, royalty or fee for technical services
which is deemed to accrue or arise in India by virtue of clauses (v), (vi) and (vii) of section
9(1), shall be included in the total income of the non-resident, whether or not -
(i) non-resident has a residence or place of business or business connection in India; or
(ii) the non-resident has rendered services in India.
In effect, the income by way of fee for technical services, interest or royalty from services
utilised in India would be deemed to accrue or arise in India in case of a non-resident and be
included in his total income, whether or not such services were rendered in India and
irrespective of whether the non-resident has a residence or place of business or business
connection in India.
Question 4
Mr. David, a Government employee serving in the Ministry of External Affairs, left India for the
first time on 31.03.2016 due to his transfer to High Commission of Canada. He did not visit
India any time during the previous year 2016-17. He has received the following income for the
Financial Year 2016-17:
S.No. Particulars `
(i) Salary 5,00,000
(ii) Foreign Allowance 4,00,000
(iii) Interest on fixed deposit from bank in India 1,00,000
(iv) Income from agriculture in Pakistan 2,00,000
(v) Income from house property in Pakistan 2,50,000
Compute his gross total income for Assessment Year 2017-18.
Answer
As per section 6(1), Mr. David is a non-resident for the A.Y. 2017-18, since he was not present
in India at any time during the previous year 2016-17.
As per section 5(2), a non-resident is chargeable to tax in India only in respect of following
incomes:

2.9 Income-tax

In view of the above provisions, income from agriculture in Pakistan and income from house
property in Pakistan would not be chargeable to tax in the hands of David, assuming that the
same were received in Pakistan.
Income from ‘Salaries’ payable by the Government to a citizen of India for services rendered
outside India is deemed to accrue or arise in India as per section 9(1)(iii). Hence, such income
is taxable in the hands of Mr. David, even though he is a non-resident. It has been assumed
that Mr. David is a citizen of India.
However, allowances or perquisites paid or allowed as such outside India by the Government
to a citizen of India for rendering service outside India is exempt under section 10(7). Hence,
foreign allowance of ` 4,00,000 is exempt under section 10(7).
Gross Total Income of Mr. David for A.Y. 2017-18
Particulars `
Salaries 5,00,000
Income from other sources (Interest on fixed deposit in India) 1,00,000
Gross Total Income 6,00,000
Question 5
Brett Lee, an Australian cricket player visits India for 100 days in every financial year. This has
been his practice for the past 10 financial years. Find out his residential status for the
assessment year 2017-18.
Answer
Determination of Residential Status of Mr. Brett Lee for the A.Y. 2017-18:-
Period of stay during previous year 2016-17 = 100 days.
Calculation of period of stay during 4 preceding previous years (100 x 4=400 days)
2015-16 100 days
2014-15 100 days
2013-14 100 days
2012-13 100 days
Total 400 days
Mr. Brett Lee has been in India for a period more than 60 days during previous year 2016-17
and for a period of more than 365 days during the 4 immediately preceding previous years.
Therefore, since he satisfies one of the basic conditions under section 6(1), he is a resident
for the assessment year 2017-18.
Computation of period of stay during 7 preceding previous years = 100 x 7=700 days

2015-16 100 days

2014-15 100 days
2013-14 100 days
2012-13 100 days
2011-12 100 days
2010-11 100 days
2009-10 100 days
Total 700 days
Since his period of stay in India during the past 7 previous years is less than 730 days, he is a
not-ordinarily resident during the assessment year 2017-18. (See Note below)
Therefore, Mr. Brett Lee is a resident but not ordinarily resident during the previous year
2016-17 relevant to the assessment year 2017-18.
Note: A not-ordinarily resident person is one who satisfies any one of the conditions specified
under section 6(6), i.e.,
(i) If such individual has been non-resident in India in any 9 out of the 10 previous years
preceding the relevant previous year, or
(ii) If such individual has during the 7 previous years preceding the relevant previous year
been in India for a period of 729 days or less.
In this case, since Mr. Brett Lee satisfies condition (ii), he is a not-ordinary resident for the
A.Y. 2017-18.
Question 6
Miss Vivitha paid a sum of 5000 USD to Mr. Kulasekhara, a management consultant practising
in Colombo, specializing in project financing. The payment was made in Colombo.
Mr. Kulasekhara is a non-resident. The consultancy is related to a project in India with
possible Ceylonese collaboration. Is this payment chargeable to tax in India in the hands of
Mr. Kulasekhara, since the services were used in India?
Answer
A non-resident is chargeable to tax in respect of income received outside India only if such
income accrues or arises or is deemed to accrue or arise to him in India.
The income deemed to accrue or arise in India under section 9 comprises, inter alia, income
by way of fees for technical services, which includes any consideration for rendering of any
managerial, technical or consultancy services. Therefore, payment to a management
consultant relating to project financing is covered within the scope of “fees for technical
services”.
The Explanation below section 9(2) clarifies that income by way of, inter alia, fees for technical

2.11 Income-tax
services, from services utilized in India would be deemed to accrue or arise in India in case of
a non-resident and be included in his total income, whether or not such services were
rendered in India or whether or not the non-resident has a residence or place of business or
business connection in India.
In the instant case, since the services were utilized in India, the payment received by
Mr. Kulasekhara, a non-resident, in Colombo is chargeable to tax in his hands in India, as it is
deemed to accrue or arise in India.
Question 7
Mr. Ram, an Indian citizen, left India on 22.09.2016 for the first time to work as an officer of a
company in Germany.
Determine the residential status of Ram for the assessment year 2017-18 and explain the
conditions to be fulfilled for the same under the Income-tax Act, 1961.
Answer
Under section 6(1), an individual is said to be resident in India in any previous year if he
satisfies any one of the following conditions -
(i) He has been in India during the previous year for a total period of 182 days or more, or
(ii) He has been in India during the 4 years immediately preceding the previous year for a total
period of 365 days or more and has been in India for at least 60 days in the previous year.
In the case of Indian citizens leaving India for employment, the period of stay during the
previous year must be 182 days instead of 60 days given in (ii) above.
During the previous year 2016-17, Mr. Ram, an Indian citizen, was in India for 175 days only
(i.e 30+31+30+31+31+22 days). Thereafter, he left India for employment purposes.
Since he does not satisfy the minimum criteria of 182 days, he is a non-resident for the A.Y.
2017-18.
Question 8
From the following particulars of income furnished by Mr. Anirudh pertaining to the year ended
31.3.2017, compute the total income for the assessment year 2017-18, if he is:
(i) Resident and ordinary resident;
(ii) Resident but not ordinarily resident;
(iii) Non-resident
Particulars `
(a) Short term capital gain on sale of shares in Indian Company received in 15,000
Germany
(b) Dividend from a Japanese Company received in Japan 10,000

(c) Rent from property in London deposited in a bank in London, later on 75,000
remitted to India through approved banking channels
(d) Dividend from RP Ltd., an Indian Company 6,000
(e) Agricultural income from lands in Gujarat 25,000
Answer
Computation of total income of Mr. Anirudh for the A.Y. 2017-18
Particulars Resident Resident Non-
& but not Resident
ordinarily ordinarily
resident resident
1) Short term capital gain on sale of shares of 15,000 15,000 15,000
an Indian company, received in Germany
2) Dividend from a Japanese company, 10,000 - -
received in Japan
3) Rent from property in London deposited in a 52,500 - -
bank in London [See Note (i) below]
4) Dividend from RP Ltd., an Indian Company - - -
[See Note (ii) below]
5) Agricultural income from land in Gujarat [See - - -
Note (iii) below]
Total Income 77,500 15,000 15,000
Notes:
(i) It has been assumed that the rental income is the gross annual value of the property.
Therefore, deduction @30% under section 24, has been provided and the net income so
computed is taken into account for determining the total income of a resident and
ordinarily resident.
Rent received (assumed as gross annual value) 75,000
Less: Deduction under section 24 (30% of ` 75,000) 22,500
Income from house property 52,500
(ii) Dividend from Indian company is exempt under section 10(34).
(iii) Agricultural income is exempt under section 10(1).
Question 9
Discuss the provisions relating to determination of residential status of Hindu undivided family,
partnership firm and company.

2.13 Income-tax
Answer
Residential status of a HUF:
A HUF would be resident in India if the control and management of its affairs is situated wholly
or partly in India during the relevant previous year. If the control and management of its affairs
is situated wholly outside India during the relevant previous year, it would be considered as a
non-resident.
If the HUF is resident, then the status of its Karta determines whether it is resident and
ordinarily resident or resident but not ordinarily resident.
Residential status of a firm:
A firm would be resident in India if the control and management of its affairs is situated wholly
or partly in India during the relevant previous year. Where the control and management of the
affairs is situated wholly outside India during the relevant previous year, the firm would be
considered as a non-resident.
Residential status of a company:
A company is said to be resident in India in any previous year if :
(a) it is an Indian company, or
(b) its place of effective management, in that year, is in India.
Question 10
Mr. Dey, a non-resident, residing in US since 1990, came back to India on 1.4.2015 for
permanent settlement. What will be his residential status for assessment years 2016-17 and
2017-18?
Answer
Mr. Dey is a resident in A.Y.2016-17 and A.Y.2017-18 since he has stayed in India for a period
of 365 days (more than 182 days) during the P.Y.2015-16 and P.Y.2016-17, respectively.
As per section 6(6), a person will be “Not ordinarily Resident” in India in any previous year, if
such person:
(a) has been a non-resident in 9 out of 10 previous years preceding the relevant previous
year; or
(b) has during the 7 previous years immediately preceding the relevant previous year been
in India for 729 days or less.
If he does not satisfy either of these conditions, he would be a resident and ordinarily resident.
In the instant case, applying the above, the status of Mr. Dey for the previous year 2015-16
(A.Y. 2016-17) will be “Resident but not ordinarily resident”.

For the previous year 2016-17 (A.Y. 2017-18) his status would continue to be Resident but not
ordinarily resident since he was non-resident in 9 out of 10 previous years immediately
preceding the previous year and also had stayed for less than 729 days in 7 previous years
immediately preceding the previous year.
Therefore, his status for
A.Y. 2016-17 – “Resident but not ordinarily resident”
A.Y. 2017-18 – “Resident but not ordinarily resident”
Question 11
State the activities and operations, income from which is not deemed to accrue or arise in
India.
Answer
Explanation 1 to section 9(1)(i) lists out income which shall not be deemed to accrue or arise
in India. They are given below:
(1) In the case of a business, in respect of which all the operations are not carried out
in India [Explanation 1(a) to section 9(1)(i)]
In the case of a business of which all the operations are not carried out in India, the
income of the business deemed to accrue or arise in India shall be only such part of
income as is reasonably attributable to the operations carried out in India. Therefore, it
follows that such part of income which cannot be reasonably attributed to the operations
in India, is not deemed to accrue or arise in India.
(2) Purchase of goods in India for export [Explanation 1(b) to section 9(1)(i)]
In the case of a non-resident, no income shall be deemed to accrue or arise in India to
him through or from operations which are confined to the purchase of goods in India for
the purpose of export.
(3) Collection of news and views in India for transmission out of India [Explanation
1(c) to section 9(1)(i)]
In the case of a non-resident, being a person engaged in the business of running a news
agency or of publishing newspapers, magazines or journals, no income shall be deemed
to accrue or arise in India to him through or from activities which are confined to the
collection of news and views in India for transmission out of India.
(4) Shooting of cinematograph films in India [Explanation 1(d) to section 9(1)(i)]
In the case of a non-resident, no income shall be deemed to accrue or arise in India
through or from operations which are confined to the shooting of any cinematograph film
in India, if such non-resident is :
(i) an individual, who is not a citizen of India or

2.15 Income-tax
(ii) a firm which does not have any partner who is a citizen of India or who is resident in
India; or
(iii) a company which does not have any shareholder who is a citizen of India or who is
resident in India.
Question 12
When is an individual and HUF said to be “Resident and ordinarily Resident” under the
Income-tax Act, 1961?
Answer
Individual – An individual is said to be a resident in India in any previous year if he fulfills any
one of the following two basic conditions:
(i) He is in India during the previous year for a period or periods amounting in all to 182
days or more.
(ii) He is in India for a period or periods amounting in all to 60 days or more during the
previous year and 365 days or more during 4 years immediately preceding the relevant
previous year.
Exception – If an Indian citizen leaves India for the purpose of employment or as a member of
crew of an Indian ship or if an Indian citizen or person of Indian origin who is residing outside
India comes to India on a visit in any previous year, he would be considered as resident in
India in that year only if he has been in India in that year for 182 days or more instead of 60
days referred to in, (ii) above.
Resident and Ordinarily Resident: If an individual satisfies any one of the basic conditions and
none of the following additional conditions, he will be treated as “resident and ordinarily resident”.
Additional conditions:
(i) He has been a non-resident in India in 9 out of 10 previous years preceding the relevant
previous year; or
(ii) He has been in India for a period of 729 days or less during 7 previous years immediately
preceding the relevant previous year.
Thus in brief, an individual fulfilling any one of the basic conditions and none of the additional
conditions will be “resident and ordinarily resident”.
HUF: If the control and management of the affairs of the HUF is wholly or partly situated in
India and if the manager of the HUF does not satisfy either of the following two additional
conditions, the HUF shall be considered as “resident and ordinarily resident” –
(i) He has been non resident in India in 9 out of 10 previous years preceding the relevant
previous year;
(ii) He has been in India for a period of 729 days or less during the 7 previous years
preceding the relevant previous year.

Question 13
State with reasons, whether the following statements are true or false, with regard to the
provisions of the Income-tax Act, 1961:
(a) Only individuals and HUFs can be resident, but not ordinarily resident in India; firms can
be either a resident or non-resident.
(b) Income deemed to accrue or arise in India to a non-resident by way of interest, royalty
and fee for technical services is taxable in India irrespective of territorial nexus.
(c) Mr. X, Karta of HUF, claims that the HUF is non-resident as the business of HUF is
transacted from UK and all the policy decisions are taken there.
Answer
(a) True: A person is said to be “not-ordinarily resident” in India if he satisfies either of the
conditions given in sub-section (6) of section 6. This sub-section relates to only
individuals and Hindu Undivided Families. Therefore, only individuals and Hindu
Undivided Families can be resident, but not ordinarily resident in India. All other classes
of assessees can be either a resident or non-resident for the purpose of income-tax.
Firms and companies can, therefore, either be a resident or non-resident.
(b) True: Explanation below section 9(2) clarifies that income by way of interest, royalty or
fee for technical services which is deemed to accrue or arise in India by virtue of clauses
(v), (vi) and (vii) of section 9(1), shall be included in the total income of the non-resident,
whether or not :
(i) non-resident has a residence or place of business or business connection in India; or
(ii) the non-resident has rendered services in India
(c) True: A HUF is considered to be a non-resident where the control and management of its
affairs are situated wholly outside India. In the given case, since all the policy decisions
of HUF are taken from UK, the HUF is a non-resident.
Question 14
Miss Charlie, an American national, got married to Mr. Radhey of India in USA on 2.03.2016
and came to India for the first time on 16.03.2016. She remained in India up till 19.9.2016 and
left for USA on 20.9.2016. She returned to India again on 27.03.2017. While in India, she had
purchased a show room in Mumbai on 22.04.2016, which was leased out to a company on a
rent of ` 25,000 p.m. from 1.05.2016 She had taken loan from a bank for purchase of this
show room on which bank had charged interest of ` 97,500 upto 31.03.2017. She had
received the following gifts from her relatives and friends during 1.4.2016 to 30.6.2017:
- From parents of husband ` 51,000
- From married sister of husband ` 11,000
- From two very close friends of her husband, ` 1,51,000 and ` 21,000 ` 1,72,000

2.17 Income-tax
Determine her residential status and compute the total income chargeable to tax along with
the amount of tax payable on such income for the Assessment Year 2017-18.
Answer
Under section 6(1), an individual is said to be resident in India in any previous year, if he
satisfies any one of the following conditions:
(ii) He has been in India during the 4 years immediately preceding the previous year for a total
period of 365 days or more and has been in India for at least 60 days in the previous year.
If an individual satisfies any one of the conditions mentioned above, he is a resident. If both
the above conditions are not satisfied, the individual is a non-resident.
Therefore, the residential status of Miss Charlie, an American National, for A.Y.2017-18 has to
be determined on the basis of her stay in India during the previous year relevant to A.Y. 2017-
18 i.e. P.Y.2016-17 and in the preceding four assessment years.
Her stay in India during the previous year 2016-17 and in the preceding four years are as under:
P.Y. 2016-17
01.04.2016 to 19.09.2016 - 172 days
27.03.2017 to 31.03.2017 - 5 days
Total 177 days
Four preceding previous years
P.Y.2015-16 [1.4.2015 to 31.3.2016] -16 days
P.Y.2014-15 [1.4.2014 to 31.3.2015] - Nil
P.Y.2013-14 [1.4.2013 to 31.3.2014] - Nil
P.Y.2012-13 [1.4.2012 to 31.3.2013] - Nil
Total 16 days
The total stay of the assessee during the previous year in India was less than 182 days and
during the four years preceding this year was for 16 days. Therefore, due to non-fulfillment of
any of the two conditions for a resident, she would be treated as non-resident for the
Assessment Year 2017-18.
Computation of total income of Miss Charlie for the A.Y. 2017-18
Particulars ` `
Income from house property
Show room located in Mumbai remained on rent from
01.05.2016 to 31.03.2017 @ ` 25,000/- p.m. 2,75,000

Gross Annual Value [25,000 x 11] (See Note 1 below)

Less: Municipal taxes Nil
Net Annual Value (NAV) 2,75,000
Less: Deduction under section 24
30% of NAV 82,500
Interest on loan 97,500 1,80,000 95,000
Income from other sources
Gifts received from non-relatives is chargeable to tax as per
section 56(2)(vii) if the aggregate value of such gifts exceeds
` 50,000.
- ` 50,000 received from parents of husband would be
exempt, since parents of husband fall within the definition of Nil
relatives and gifts from a relative are not chargeable to tax.
- ` 11,000 received from married sister of husband is exempt,
since sister-in-law falls within the definition of relative and Nil
gifts from a relative are not chargeable to tax.
- Gift received from two friends of husband ` 1,51,000 and
` 21,000 aggregating to ` 1,72,000 is taxable under section
56(2)(vii) since the aggregate of ` 1,72,000 exceeds
` 50,000. (See Note 2 below) 1,72,000 1,72,000
Total income 2,67,000
Computation of tax payable by Miss Charlie for the A.Y. 2017-18

Particulars `
Tax on total income of ` 2,67,000 1,700
Add: Education cess@2% 34
Add : Secondary and higher education cess @1% 17
Total tax payable 1,751
Notes:
1. Actual rent received has been taken as the gross annual value in the absence of other
information (i.e. Municipal value, fair rental value and standard rent) in the question.
2. If the aggregate value of taxable gifts received from non-relatives exceeds ` 50,000 during
the year, the entire amount received (i.e. the aggregate value of taxable gifts received) is
taxable. Therefore, the entire amount of ` 1,72,000 is taxable under section 56(2)(vii).

2.19 Income-tax
3. Since Miss Charlie is a non-resident for the A.Y. 2017-18, rebate under section 87A would not
be available to her, even though her total income is less than ` 5 lacs.
Question 15
Determine the taxability of income of US based company Heli Ltd., in India on entering into the
following transactions during the financial year 2016-17:
(i) ` 5 lacs received from an Indian domestic company for providing technical knowhow in
India.
(ii) ` 6 lacs from an Indian firm for conducting the feasibility study for the new project in
Finland. The payment for the same was made in Finland.
(iii) ` 4 lacs from a non-resident for use of patent for a business in India.
(iv) ` 8 lacs from a non-resident Indian for use of know how for a business in Singapore.
Such amount was received in U.S.
(v) ` 10 lacs for supply of manuals and designs for the business to be established in
Singapore. No payment for the same was made in India.
Answer
A non-resident is chargeable to tax in India in respect of following incomes:
In view of the above provisions, taxability of income is determined in following manner:
S. No. Particulars ` (in lacs)
(i) Amount received from an Indian domestic company for providing 5
technical knowhow in India is deemed to accrue or arise in India
and is, therefore, taxable in India.
(ii) Conducting the feasibility study for the new project in Finland for Nil
the Indian firm is not taxable in India as the income accrues
outside India since such study is done for a business outside
India.
(iii) Income received from a non-resident for use of patent for a 4
business in India is taxable in India as it is deemed to accrue or
arise in India.
(iv) Income received from a non-resident Indian for use of knowhow Nil
for a business in Singapore. It is not taxable in India since it does
not accrue or arise in India nor is it deemed to accrue or arise in
India,
(v) Income received for supply of manuals and designs for the Nil
business to be established in Singapore is not taxable in India,

since it does not accrue or arise in India nor is it deemed to

accrue or arise in India.
Total Income 9
Question 16
State with reasons whether the following transactions attract income-tax in India in the hands
of recipients:
(i) Salary paid by Central Government to Mr. John, a citizen of India ` 7,00,000 for the
services rendered outside India.
(ii) Interest on moneys borrowed from outside India ` 5,00,000 by a non-resident for the
purpose of business within India say, at Mumbai.
(iii) Post office savings bank interest of ` 12,000 received by a resident assessee, Mr. Ram.
(iv) Royalty paid by a resident to a non-resident in respect of a business carried on outside
India.
(v) Legal charges of ` 5,00,000 paid to a lawyer of United Kingdom who visited India to
represent a case at the Delhi High Court.
Answer
Taxable / Amount Reason
Not liable to
Taxable tax (`)
(i) Taxable 7,00,000 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. John for services
rendered outside India would be deemed to accrue or
arise in India since he is a citizen of India.
(ii) Taxable 5,00,000 As per section 9(1)(v)(c), interest payable by a non-
resident 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.
(iii) Partly Nil The interest on Post Office Savings Bank Account, would
Taxable be exempt under section 10(15)(i), only to the extent of
` 3,500 in case of an individual account. The remaining
` 8,500, being less than ` 10,000, would be allowed as
deduction under section 80TTA from Gross Total Income.
(iv) Not - Royalty paid by a resident to a non-resident in respect of
Taxable a business carried outside India would not be taxable in
the hands of the non-resident provided the same is not

2.21 Income-tax
received in India. This has been provided as an

exception to deemed accrual mentioned in section
9(1)(vi)(b).
(v) Taxable 5,00,000 In case of a non-resident, any income which accrues or
arises in India or which is deemed to accrue or arise in
India or which is received in India or is deemed to be
received in India is taxable in India.
Therefore, legal charges paid in India 1 to a non-resident
lawyer of UK, who visited India to represent a case at the
Delhi High Court would be taxable in India.
Note – This question can also be answered on the
rationale that existence of professional connection
tantamounts to existence of business connection, and
hence, legal charges paid to a non-resident lawyer would
be deemed to accrue or arise in India by virtue of section
9(1)(i).
Question 17
(a) (i) Explain with reasons whether the following transactions attract income-tax in India
in the hands of recipients :
(a) Salary paid to Mr. David, a citizen of India ` 15,00,000 by the Central
Government for the services rendered in Canada.
(b) Legal charges of ` 7,50,000 paid to Mr. Johnson, a lawyer of London, who
visited India to represent a case at the Supreme Court.
(c) Royalty paid to Rajeev, a non-resident by Mr. Mukesh, a resident for a
business carried on in Sri Lanka.
(ii) Ms. Bindu, a non-resident, residing in New York since 1990, came back to India on
19-02-2015 for permanent settlement in India. Explain the residential status of Ms.
Bindu for the Assessment Year 2017-18 in accordance with the various provisions
of Income-tax Act, 1961.
Answer
(i) Taxability of certain receipts under the Income-tax Act, 1961
Sl. Taxable/N Amount
No. ot Taxable liable to Reason
tax (`)
1 2 3 4
(a) Taxable 15,00,000 Salaries payable by the Government to a citizen
1
Since the payment is in Indian currency, it is logical to assume that the same has been paid in India.

of India for service rendered outside India shall

be deemed to accrue or arise in India as per
section 9(1)(iii). Mr. David is a citizen of India.
Therefore, salary paid by the Central Government
to him for services rendered in Canada would be
deemed to accrue or arise in India in his hands.
(b) Taxable 7,50,000 In case of a non-resident, any income which
accrues or arises in India or which is deemed to
accrue or arise in India or which is received in
India or is deemed to be received in India is
taxable in India.
Therefore, legal charges paid in India 2 to Mr.
Johnson, a non-resident lawyer of London, who
visited India to represent a case at the Supreme
Court would be taxable in India.
Note – This question can also be answered on
the rationale that existence of professional
connection tantamounts to existence of business
connection, and hence, legal charges paid to a
non-resident lawyer would be deemed to accrue
or arise in India by virtue of section 9(1)(i).
(c) Not - Royalty paid by a resident to a non-resident in
Taxable respect of a business carried on outside India
would not be taxable in the hands of the non-
resident, as the same would not be deemed to
accrue or arise in India as per the exception
mentioned in section 9(1)(vi)(b). Therefore,
royalty paid by Mukesh, a resident, to Rajeev, a
non-resident, for a business carried on in Sri
Lanka would not be deemed to accrue or arise in
India.
Note - It is assumed that the royalty was not
received in India.
(ii) Determination of residential status of Ms. Bindu for the A.Y. 2017-18
Ms. Bindu is a resident since she has stayed in India for 365 days during the
P.Y.2016-17. Therefore, she satisfies the condition of stay in India for a period of
182 days or more in the relevant previous year as per the requirement under section
6(1).
As per section 6(6), an individual is said to be “not ordinarily resident” in India in any
2
Since the payment is in Indian currency, it is logical to assume that the same has been paid in India.

2.23 Income-tax
previous year, if he has:

(a) been a non-resident in India in nine out of ten previous years preceding the
relevant previous year; or
(b) during the seven previous years immediately preceding the relevant previous
year, been in India for a period of, or periods amount in all to, 729 days or less.
Ms. Bindu must, therefore, satisfy either of the conditions to qualify as a not-
ordinarily resident.
Ms. Bindu was a non-resident in India up to A.Y.2015-16.
She was resident in India only for P.Y. 2015-16 (A.Y.2016-17) out of the ten previous
years preceding P.Y. 2016-17 (A.Y.2017-18). This implies that she has been a non-
resident in India in nine out of ten previous years preceding P.Y. 2016-17 (A.Y.
2017-18).
Further, she was in India only for a period of 406 days [i.e., 10 days in February,
2015 + 31 days in March 2015 + 365 days during the P.Y.2015-16] in the seven
previous years preceding P.Y. 2016-17 (A.Y.2017-18).
Therefore, since Ms. Bindu satisfies both the conditions for “not-ordinarily resident”,
her residential status for A.Y.2017-18 would be “Resident but not ordinarily resident”
Question 18
An individual, who is an Indian resident, is allowed to hold two different citizenships
simultaneously. Is the citizenship a determining factor for residential status of an individual?
Answer
Citizenship of a country and residential status of that country are separate concepts. A person
may be an Indian national /citizen, but may not be a resident in India. On the other hand, a
person may be a foreign national /citizen, but may be a resident in India. The citizenship of an
individual has no role in determining the residential status of an individual.
The residential status of resident, non-resident, etc. are determined on the basis of number of
days an individual actually stays in India during the previous year.
The provisions of section 6 of the Income-tax Act, 1961 are the determining factor of
residential status of an individual.
Question 19
Mr. Soham, an Indian Citizen, left India on 20-04-2014 for the first time to setup a software
firm in Singapore. On 10-04-2016, he entered into an agreement with LK Limited, an Indian
Company, for the transfer of technical documents and designs to setup an automobile factory
in Faridabad. He reached India along with his team to render the requisite services on
15-05-2016 and was able to complete his assignment on 20-08-2016. He left for Singapore on
21-08-2016. He charged ` 50 lakhs for his services from LK Limited.

Determine the residential status of Mr. Soham for the Assessment Year 2017-18 and explain
as to the taxability of the fees charged from LK Limited as per the Income-tax Act, 1961.
Answer
Determination of residential status of Mr. Soham
As per section 6(1), an individual is said to be resident in India in any previous year if he
satisfies the conditions:-
(ii) He has been in India during the 4 years immediately preceding the previous year for a
total period of 365 days or more and has been in India for at least 60 days in the previous
year.
In the case of an Indian citizen leaving India for the purposes of employment outside India
during the previous year or an Indian citizen, who being outside India, comes on a visit to
India in any previous year, the period of stay during the previous year in condition (ii) above,
to qualify as a resident, would be 182 days instead of 60 days.
In this case, Mr. Soham is an Indian citizen who left India to set up a software firm in
Singapore on 20.04.2014. Therefore, he is an Indian citizen living in Singapore, who comes on
a visit to India during the P.Y.2016-17. His stay in India during the period of his visit is only 99
days (i.e., 17+30+31+21 days). Since his stay in India during the previous year 2016-17 is
only 99 days, he does not satisfy the minimum criterion of 182 days stay in India for being a
resident. Hence, his residential status for A.Y.2017-18 is Non-Resident.
Taxability of income
As per section 5(2), in case of a non-resident, only income which accrues or arises or which is
deemed to accrue or arise to him in India or which is received or deemed to be received in
India in the relevant previous year is taxable in India.
In this case, Mr. Soham, a non-resident, charges fees from LK Ltd., an Indian company, for
transfer of technical documents and designs to set up an automobile factory in Faridabad. He
renders the requisite services in India for which he stays in India for 99 days during the
P.Y.2016-17.
Explanation 2 to section 9(1)(vi) defines “royalty” to mean consideration for transfer of all or
any rights in respect of, inter alia, a design and also for the rendering of services in connection
with such activity. As per Explanation 4 to section 9(1)(vi), transfer of rights in the above
definition includes transfer of right for use or right to use a computer software also. Therefore,
the fees received by Mr. Soham for transfer of technical documents and designs and
rendering of requisite services in relation thereto would fall within the meaning of “royalty”.
As per section 9(1)(vi), income by way of royalty payable by a person who is a resident (in this
case, LK Limited, an Indian company) would be deemed to accrue or arise in India in the
hands of the non-resident (Mr. Soham, in this case), except where such royalty is payable in

2.25 Income-tax
respect of any right or property or information used or for services utilized for the purpose of a
business carried on by such person outside India or for the purposes of making or earning
income from any source outside India.
In this case, since the royalty is payable by an Indian company to Mr. Soham, a non-resident,
in respect of services utilized for a business in India (namely, for setting up an automobile
factory in Faridabad), the same is deemed to accrue or arise in India and is hence, taxable in
India in the hands of Mr. Soham, a non-resident for the A.Y. 2017-18.
Question 19
How is the residential status of a company determined for the purposes of Income-tax Act,
1961, for the assessment year 2017-18?
Answer
Determination of residential status of a company for A.Y.2017-18
As per section 6(3), a company is said to be resident in India in any previous year, if -
(a) it is an Indian company
(b) its place of effective management, in that year, is in India.
Accordingly, all Indian companies are resident in India for A.Y.2017-18. However, a company
other than an Indian company would be resident in India for A.Y.2017-18, only if its place of
effective management (POEM), in the P.Y.2016-17, is in India.
“Place of effective management” means a place where key management and commercial
decisions that are necessary for the conduct of the business of an entity as a whole are, in
substance, made.
Exercise
1. If Anirudh has stayed in India in the P.Y. 2016-17 for 181 days, and he is non-resident in 9 out of
10 years immediately preceding the current previous year and he has stayed in India for 365 days
in all in the 4 years immediately preceding the current previous year and 420 days in all in the 7
years immediately preceding the current previous year, his residential status for the A.Y.2017-18
would be -
a) Resident and ordinarily resident
b) Resident but not ordinarily resident
c) Non-resident
2. Raman was employed in Hindustan Lever Ltd. He received a salary at ` 40,000 p.m. from
1.4.2016 to 27.9.2016. He resigned and left for Dubai for the first time on 1.10.2016 and got
salary of rupee equivalent of ` 80,000 p.m. from 1.10.2016 to 31.3.2017. His salary for October to
December 2016 was credited in his Dubai bank account and the salary for January to March 2017
was credited in his Bombay account directly. He is liable to tax in respect of -

a) Income received in India from Hindustan Lever Ltd;

b) Income received in India and in Dubai;
c) Income received in India from Hindustan Lever Ltd. and income directly credited in India;
3. A company, other than an Indian company, would be a resident in India for the P.Y.2016-17 if,
during that year,
a) its POEM is in India.
b) its control and management is wholly or partly in India.
c) majority of its directors are resident in India.
4. Income accruing in London and received there is taxable in India in the case of -
a) resident and ordinarily resident only
b) both resident and ordinarily resident and resident but not ordinarily resident
c) both resident and non-resident
5. When is an individual said to be “Resident and ordinarily resident” under the Income-tax Act,
1961?
6. Define royalty as per section 9 of the Income-tax Act, 1961?
7. Write short notes on -
a) Business connection
b) Income deemed to accrue or arise in India.
8. Discuss the provisions relating to determination of residential status of individuals.
9. When are the following income deemed to accrue or arise in India?
a) Interest
b) Fees for technical services.
10. Discuss the correctness or otherwise of the statement – “Income deemed to accrue or arise in
India to a non-resident by way of interest, royalty and fees for technical services is to be taxed
irrespective of territorial nexus.”
11. Explain the term “Business Connection” under section 9(1).
Answers
1. b; 2. b; 3. a; 4. a.

3 Incomes which do not Form Part
of Total Income
Key Points
Section Particulars
10(1) Agricultural income is exempt under section 10(1).
However, agricultural income has to be aggregated with non-agricultural
income for determining the rate at which non-agricultural income would be
subject to tax, in case of individuals, HUFs, AOP & BOIs etc., where the –
• agricultural income exceeds ` 5,000 p.a. and
• non-agricultural income exceeds basic exemption limit.
The following are the steps to be followed in computation of tax -
Step 1: Tax on non-agricultural income plus agricultural income
Step 2: Tax on agricultural income plus basic exemption limit
Step 3: Tax payable by the assessee = Step 1 – Step 2
Step 4: Add Surcharge/Deduct Rebate under section 87A, if applicable.
Step 5: Add Education cess@2% and SHEC@1%.
10(2) Since the HUF is taxed in respect of its income, the share income is exempt
from tax in the hands of the member under section 10(2).
10(2A) The partner’s share in the total income of the firm or LLP is exempt from tax.
10(10BC) Compensation received by an individual or his legal heir on account of any
disaster is exempt, if the same has been granted by the Central Government,
State Government or a local authority.
10(10D) Any sum received under a life insurance policy, including the sum allocated
by way of bonus on such policy is exempt provided that –
In case of a policy In case of a In case of a policy issued on or
issued between policy issued on after 1.4.2013, the premium paid
1.4.2003 and or after 1.4.2012, does not exceed 15% of the
31.3.2012, the the premium paid actual capital sum assured, if the
premium paid does does not exceed insurance is on the life of a
not exceed 20% of 10% of the actual person with disability referred to
the actual capital capital sum in section 80U. In all other cases,
sum assured. assured. the limit would be 10%.

Incomes which do not form part of Total Income 3.2
Any sum received under a Keyman insurance policy is, however, not
exempt. Further, “keyman insurance policy” includes a policy which
has been assigned to any person during its term, with or without
consideration. Consequently, the sum received by the keyman on such
policies would not be exempt under section 10(10D).
10(11A) Any payment from Sukanya Samriddhi Account.
10(18) Pension received by individual who has been awarded “Param Vir
Chakra” or “Maha Vir Chakra” or “Vir Chakra” such other gallantry
award as the Central Government notifies is exempt from tax.
Family pension received by any member of the family of such
individual is also exempt from tax.
10(23BBH) Any income of the Prasar Bharati established under section 3(1) of the
Prasar Bharati Act, 1990 is exempt from tax.
10(26AAA) Income from any source in the state of Sikkim, dividend income and
interest on securities is exempt in the hands of a Sikkimese individual.
This exemption is not available to a Sikkimese woman who, on or after
1st April, 2008, marries a non-Sikkimese individual.
10AA Tax holiday for newly established units in Special Economic Zones
(SEZs), which has begun or begins to manufacture or produce articles
or things or computer software or provide any service on or after
1.4.2005 in any SEZ for 15 consecutive assessment years in respect of
its profits from exports.
Amount of exemption =
Profits from business of the undertaking being the unit ×
 Export turnover of the undertaking of such articles or things or computer software 

 
 Total turnover of the business carried on by the undertaking 
100% of such profits would be exempt in the first five years, 50% in
the next five years and in the last five years, 50% subject to transfer to
special reserve.
11 to 13, (i) Income derived from property held under trust wholly for
2(15) & public charitable or public religious purposes is exempt from
115BBC tax under section 11 subject to fulfillment of the following
conditions –
(1) the trust should be registered with the Commissioner of
Income-tax under section 12AA;

3.3 Income-tax
(2) the accounts of the trust should be audited, if the total

income, before giving effect to the exemption under
sections 11 and 12, exceeds the basic exemption limit;
(3) at least 85% of the income is applied for the approved
purposes; and
(4) the unapplied income and the money accumulated or set
apart should be invested or deposited in the specified
forms and modes.
(ii) Charitable purpose [Section 2(15)]
The definition of “charitable purpose” under section 2(15)
includes relief of the poor, education, Yoga, medical relief,
preservation of environment (including watersheds, forests and
wildlife) and preservation of monuments or places or objects of
artistic or historic interest, and the advancement of any other
object of general public utility.
“Advancement of any other object of general public utility” shall,
however, not be a charitable purpose, if it involves the carrying on
of any activity in the nature of trade, commerce or business or any
activity of rendering any service in relation to any trade,
commerce or business, for a cess or fee or any other
consideration, irrespective of the nature of use or application or
retention, of the income from such activity.
However, “advancement of any other object of general public
utility” would continue to be a “charitable purpose”, if the
aggregate receipts from any activity in the nature of trade,
commerce or business, or any activity of rendering any service in
relation to any trade, commerce or business does not exceed 20%
of the total receipts of the trust or institution undertaking such
activity or activities for the previous year.
(iii) Anonymous donations [Section 115BBC]
Anonymous donations received by charitable
trusts/institutions would be subject to tax@30% of the
amount in excess of, 5% of the total donations received or Rs.1
lakh, whichever is higher, as per section 115BBC. The
exemption provisions under section 11 and 12 would not apply
to such anonymous donations.
Section 115BBC does not, however, apply to a trust or
institution created or established wholly for religious purposes.
Further, anonymous donations received by partly charitable

and partly religious trusts would be taxable under section

115BBC only if the same is made with a specific direction that
such donation is for any university or other educational
institution or any hospital or other medical institution run by
such trust or institution.
13A Any income from house property, income from other sources, capital
gains and income by way of voluntary contributions received by the
political parties from any person is exempt under section 13A, subject
to satisfaction of the following conditions -
(i) maintenance of such books and other documents as would enable
the Assessing Officer to properly deduce the income of the
political party;
(ii) maintenance of record in respect of each such voluntary
contribution in excess of ` 20,000;
(iii) audit of accounts by a chartered accountant; and
(iv) submission of a report under section 29C(3) of the Representation
of People Act, 1951 for every financial year.
Question 1
State whether the following are chargeable to tax and the amount liable to tax:
(i) Arvind received ` 20,000 as his share from the income of the HUF.
(ii) Mr. Xavier, a ‘Param Vir Chakra’ awardee, who was formerly in the service of the Central
Government, received a pension of ` 2,20,000 during the financial year 2016-17.
(iii) A political party registered under section 29A of the Representation of the People Act,
1951 earned rental income of ` 6,00,000 by letting out premises.
(iv) Agricultural income to a resident of India from a land situated in Malaysia.
(v) Allowance received by an employee working in a transport system at ` 10,000 per month
to meet his personal expenditure while on duty. He is not receiving any daily allowance.
(vi) Amount withdrawn from Public Provident Fund as per relevant rules.
(vii) Rent of ` 72,000 received for letting out agricultural land for a movie shooting.
Answer
S.No. Taxable/Not Amount Reason
Taxable liable to
tax (`)
(i) Not Taxable - Share received by member out of the income of the
HUF is exempt under section 10(2).

3.5 Income-tax
(ii) Not Taxable - Pension received by Mr. Xavier, a former Central

Government employee who is a ‘Param Vir Chakra’
awardee, is exempt under section 10(18).
(iii) Not Taxable - Any income of a political party registered under
section 29A of the Representation of the People Act,
1951 which is chargeable, inter alia, under the head
“Income from house property” is exempt under
section 13A provided the political party maintains
such books of account as would enable the
Assessing Officer to properly deduce its income
therefrom and the accounts are audited by a
chartered accountant.
(iv) Taxable - Agricultural income from a land in any foreign
country is taxable in the case of a resident taxpayer
as income under the head “Income from other
sources”. Exemption under section 10(1) is not
available in respect of such income.
(v) Partly taxable 36,000 Under section 10(14), any allowance granted to an
employee working in a transport system to meet his
personal expenditure during his duty is exempt,
provided he is not in receipt of daily allowance. The
exemption is 70% of such allowance (i.e., ` 7,000
per month, being 70% of ` 10,000) or ` 10,000 per
month, whichever is less. Hence, ` 84,000 (i.e.,
` 7,000 × 12) is allowable as deduction under
section 10(14). Balance ` 36,000 (` 1,20,000 -
` 84,000) shall be taxable.
(vi) Not taxable - Any amount withdrawn from public provident fund as
per relevant rules is not exigible to tax. Such
exemption is provided in section 10(11).
(vii) Taxable 72,000 Agricultural income is exempt from tax as per section
10(1). Agricultural income means, inter alia, any rent
or revenue derived from land which is situated in
India and is used for agricultural purposes. In the
present case, rent is being derived from letting out of
agricultural land for a movie shoot, which is not an
agricultural purpose. In effect, the land is not being
put to use for agricultural purposes. Therefore,
` 72,000, being rent received from letting out of
agricultural land for movie shooting, is not exempt
under section 10(1). The same is chargeable to tax
under the head “Income from other sources”.

Question 2
Discuss the taxability of agricultural income under the Income-tax Act, 1961. How will income
be computed where an individual derives agricultural and non-agricultural income?
Answer
Agricultural income is exempt from tax as per section 10(1). However, aggregation of
agricultural and non-agricultural income is to be done to determine the rate at which the non-
agricultural income shall be chargeable to tax. In case the agricultural income is not more than
` 5,000 or the tax-payer has non-agricultural income less than the basic exemption limit, then
no such aggregation needs to be done. Further, such aggregation has to be done only if the
tax-payer is an individual, HUF, AOP, BOI or an artificial judicial person, since the Finance Act
prescribes slab rates of income-tax for these assessees. In the case of other assessees such
as partnership firms, companies etc, whose income is chargeable to tax at a flat rate,
aggregation of agricultural income would have no effect.
Since the second part of the question requires the manner of computation of income where an
individual derives agricultural and non-agricultural income, the same can be answered on the
basis of Rules 7A, 7B and 8 of the Income-tax Rules, 1962 dealing with composite income.
Rule Particulars Business Agricultural
Income Income
Rule 7A Income from manufacture of rubber in India 35% 65%
Rule 7B Income from manufacture of coffee
- grown and cured by the seller in India 25% 75%
- grown, cured, roasted and grounded by the 40% 60%
seller in India
Rule 8 Income from manufacture of tea in India 40% 60%
Thereafter, income-tax shall be computed by aggregating the agricultural income and the non-
agricultural income in the manner described below:
(1) Aggregate the agricultural income with non-agricultural income and determine
tax payable on such amount.
(2) Aggregate the agricultural income with the basic exemption limit of the assessee i.e.,
` 2,50,000 /` 3,00,000 /` 5,00,000, as the case may be, and determine tax on such amount.
(3) Compute the difference between the tax computed in Step (1) and Step (2), which shall
be the tax payable in respect of non-agricultural income.
(4) The tax payable so computed in step (3) shall be increased by surcharge @15%, if the
total income exceeds ` 1 crore or reduced by rebate under section 87A, if the total
income does not exceed ` 5 lakh. Thereafter, education cess of 2% and secondary and
higher education cess of 1% has to be added to compute the total tax liability.

3.7 Income-tax
Question 3
Whether the income derived from saplings or seedlings grown in a nursery is taxable under
the Income-tax Act, 1961?
Answer
As per Explanation 3 to section 2(1A) of the Act, income derived from saplings or seedlings
grown in a nursery shall be deemed to be agricultural income and exempt from tax, whether or
not the basic operations were carried out on land.
Question 4
State with reasons in brief whether the following statements are true or false with reference to
the provisions of the Income-tax Act, 1961:
(i) Exemption is available to a Sikkimese individual, only in respect of income from any
source in the State of Sikkim.
(ii) Where it is noticed that the income of the charitable trust is applied for the benefit of the
author of the trust, the Principal Commissioner of Income-tax can cancel the registration
by passing an order in writing.
(iii) In respect of voluntary contributions in excess of ` 20,000 received by a political party,
exemption under section 13A is available where proper details about the donations are
maintained; there is no need to maintain books of account.
(iv) Pension received by a recipient of gallantry award is exempt from income-tax.
(v) Mr. A, a member of a HUF, received ` 10,000 as his share from the income of the HUF.
The same is to be included in his chargeable income.
(vi) Mr. Roy received a sum of ` 20 lakh on 31.3.2017 from Life Insurance Corporation of
India in respect of a policy, where the sum assured was ` 15 lakh, taken on 1.10.2003
and for which a one time premium of ` 10 lakh was paid. Mr. Roy claims that the amount
is totally exempt under section 10(10D)(c) of the Income-tax Act, 1961.
(vii) Voluntary contributions received by charitable trusts, universities and educational institutions
are not taxable as the definition of income in section 2(24) does not cover the same.
(viii) Compensation on account of disaster received from a local authority by an individual or
his/her legal heir is taxable.
(ix) Mr. P, a shareholder of a closely held company, holding 16% shares, received advances
from that company which is to be deemed as dividend from an Indian Company, hence
exempted under section 10(34) of the Income-tax Act, 1961.
(x) Payment of ` 10 lakh from an approved superannuation fund made by XYZ Ltd. by way
of transfer to the account of Mr. Satish, an employee, under Atal Pension Yojana is
taxable in the hands of Mr. Satish.

Answer
(i) False: Exemption under section 10(26AAA) is available to a Sikkimese individual not
only in respect of the said income, but also in respect of income by way of dividend or
interest on securities.
(ii) True: As per section 12AA(4), the Commissioner or the Principal Commissioner has power to
cancel the registration of the trust, by passing a written order, where it is noticed that, inter
alia, the income of the trust is applied for the benefit of specified persons, including the author
of the trust. However, the registration shall not be cancelled if the trust proves that there was
reasonable cause for application of income in such manner.
(iii) False: The obligation under section 13A to maintain proper details of voluntary
contributions in excess of ` 20,000 is over and above the obligation to maintain such
books of account and other documents as would enable the Assessing Officer to properly
deduce its income therefrom.
(iv) True: Section 10(18) exempts any income by way of pension received by individual who
has been awarded “Param Vir Chakra” or “Maha Vir Chakra” or “Vir Chakra” or such
other gallantry award as the Central Government, may, by notification in the Official
Gazette, specify in this behalf.
(v) False: Section 10(2) exempts any sum received by an individual as a member of a HUF
where such sum has been paid out of the income of the family. Therefore, ` 10,000
should not be included in Mr. A’s chargeable income.
(vi) False: As per section 10(10D)(c), any sum received under an insurance policy issued on
or after 1.4.2003 but before 31.03.2012, in respect of which the premium payable for any
year during the term of the policy exceeds 20% of actual capital sum assured, shall not
be exempt from tax. Hence, the contention of Mr. Roy is not correct since the one-time
premium of ` 10 lakh paid by him is in excess of 20% of the sum assured [i.e. it exceeds
` 3 lakh, being 20% of ` 15 lakh]. Further, tax is deductible @1% under section 194DA
on such sum paid to Roy, since the same is not exempt under section 10(10D).
(vii) False: Section 2(24) defining the term ‘income’ includes voluntary contributions received
by any trust, university or educational institution. Hence, the statement is not correct.
(viii) False : As per section 10(10BC), any amount received or receivable as compensation by
an individual or his/her legal heir on account of any disaster from the Central
Government, State Government or a local authority is exempt from tax. However, the
exemption is not available to the extent such individual or legal heir has already been
allowed a deduction under this Act on account of such loss or damage caused by such
disaster.
(ix) False: As per section 10(34), only income by way of dividend referred to in section 115-O
shall be exempt in the hands of shareholders. Corporate dividend tax under section 115-
O is not leviable on deemed dividend under section 2(22)(e) and hence, such deemed
dividend is not exempt under section 10(34).

3.9 Income-tax
(x) False: Any payment from an approved superannuation fund made by way of transfer to
the account of an employee under a notified pension scheme referred to in section
80CCD is exempt under section 10(13). Since Atal Pension Yojana is a notified pension
scheme under section 80CCD, the payment of Rs.10 lakhs made by XYZ Ltd. by way of
transfer from an approved superannuation fund to Mr. Satish’s account under such
scheme is exempt under section 10(13).
Question 5
Explain the provisions regarding exemption of compensation received on account of disaster
under section 10(10BC) of the Income-tax Act, 1961.
Answer
Exemption of compensation received on account of disaster under section 10(10BC)
(i) Section 10(10BC) exempts any amount received or receivable as compensation by an
individual or his / her legal heir on account of any disaster.
(ii) Such compensation should be granted by the Central or State Government or by a local
authority.
(iii) Exemption would not be available in respect of the compensation for alleviating any
damage or loss, which has already been allowed as deduction under the Act.
(iv) “Disaster” means a catastrophe, mishap, calamity or grave occurrence in any area,
arising from natural or man made causes, or by accident or negligence.
(v) It should have the effect of causing substantial loss of life or human suffering, or damage
to, and destruction of, property, or damage to, or degradation of, environment.
(vi) It should be of such a nature or magnitude, which is beyond the coping capacity of the
community of the affected area.
Question 6
Nathan Aviation Ltd. is running two industrial undertakings one in a SEZ (Unit S) and another in a
normal area (Unit N). The brief summarized details for the year ended 31.3.2017 are as follows:
Particulars ` (in lacs)
S N
Domestic turnover 10 100
Export turnover 120 Nil
Gross profit 20 10
Less: Expenses and depreciation 7 6
Profits derived from the unit 13 4

The brought forward business loss pertaining to Unit N is ` 2 lacs. Briefly compute the
business income of the assessee.
Assume F.Y. 2016-17 falls within the first 5 year period commencing from the year of
manufacture or production of articles or things or provisions of services by the Unit S.
Answer
Computation of business income of Nathan Aviation Ltd.
Total profit derived from Units S & N (` 13 lacs + ` 4 lacs) 17
Less: Exemption under section 10AA [See Working Note below] 12
5
Less: Brought forward business loss 2
3
Working Note
Computation of exemption under section 10AA in respect of Unit S located in a SEZ
Domestic turnover of Unit S 10
Export turnover of Unit S 120
Total turnover of Unit S 130
Profit derived from Unit S 13

Exemption under section 10AA
Export turnover of unit S 120
Profit of Unit S x = 13 х = 12
Total turnover of Unit S 130
Question 7
Y Ltd. furnishes you the following information for the year ended 31.3.2017:
Total turnover of Unit A located in Special Economic Zone 100
Profit of the business of Unit A 30
Export turnover of Unit A 50
Total turnover of Unit B located in Domestic Tariff Area (DTA) 200
Profit of the business of Unit B 20
Compute deduction under section 10AA for the A.Y. 2017-18.

3.11 Income-tax
Answer
100% of the profit derived from export of articles or things or services is eligible for deduction
under section 10AA, assuming that F.Y.2016-17 falls within the first five year period
commencing from the year of manufacture or production of articles or things or provision of
services by the Unit in SEZ. As per section 10AA(7), the profit derived from export of articles
or things or services shall be the amount which bears to the profits of the business of the
undertaking, being the Unit, the same proportion as the export turnover in respect of articles
or things or services bears to the total turnover of the business carried on by the undertaking.
Deduction under section 10AA
Export Turnover of Unit A
= Profit of the business of Unit A x
Total Turnover of Unit A
50
= ` 30 lakhs x
100
= ` 15 lakhs
Question 8
MNO Ltd. has one undertaking at Special Economic Zone (SEZ) and another at Domestic
Tariff Area (DTA). Following are the details given to you for the financial year 2016-17:
` in lakhs
Unit in SEZ Unit in Domestic Tariff Area (DTA)
Total Sales 200 100
Export Sales 150 80
Net Profit 40 10
Compute the quantum of eligible deduction under section 10AA for the A.Y.2017-18 in the
following situations:
(i) Both the units were set up and began manufacturing from 25-07-2009.
(ii) Both the units were set up and began manufacturing from 10-04-2013
Answer
As per section 10AA, in computing the total income of MNO Ltd. from its unit located in a Special
Economic Zone (SEZ), which begins to manufacture or produce any article or thing on or after
1.04.2005, there shall be allowed a deduction of 100% of the profit derived from export of such
article or thing for the first five year period commencing from the year of manufacture or
production of articles or things by the Unit in SEZ and 50% of such profits for further five years
subject to fulfillment of other conditions specified in section 10AA.
(i) If Unit in SEZ were set up and began manufacturing from 25-07-2009:
Since it is the 8th year of operation of the eligible unit, it shall be eligible for deduction

upto 50% of the profit of such unit assuming all the other conditions specified in section
10AA are fulfilled.
= Profits of Unit in SEZ x Export turnover of Unit in SEZ x 50%

Total turnover of Unit in SEZ
= 40 lakhs x 150 lakhs x 50% = 15 lakhs
200 lakhs
(ii) If Unit in SEZ were set up and began manufacturing from 10.04.2013:
Since it is 4th year of operation of the eligible unit, it shall be eligible for deduction upto
100% of profit of such unit.
= Profits of Unit in SEZ x Export turnover of Unit in SEZ x 100%

= 40 lakhs x 150 lakhs x 100% = 30 lakhs
200 lakhs
Question 9
Rudra Ltd. has one unit at Special Economic Zone (SEZ) and other unit at Domestic Tariff
Area (DTA). The company provides the following details for the previous year
2016-17.
Particulars Rudra Ltd. (`) Unit in DTA (`)
Total Sales 6,00,00,000 2,00,00,000
Export Sales 4,60,00,000 1,60,00,000
Net Profit 80,00,000 20,00,000
Calculate the eligible deduction under section 10AA of the Income-tax Act, 1961, for the
Assessment Year 2017-18, in the following situations:
(i) If both the units were set up and start manufacturing from 22-05-2010.
(ii) If both the units were set up and start manufacturing from 14-05-2014.
Answer
Computation of deduction under section 10AA of the Income-tax Act, 1961
As per section 10AA, in computing the total income of Rudra Ltd. from its unit located in a
Special Economic Zone (SEZ), which begins to manufacture or produce articles or things or
provide any services during the previous year relevant to the assessment year commencing
on or after 01.04.2006 but before 1st April 2021, there shall be allowed a deduction of 100%
of the profit and gains derived from export of such articles or things or from services for a
period of five consecutive assessment years beginning with the assessment year relevant
to the previous year in which the Unit begins to manufacture or produce such articles or

3.13 Income-tax
things or provide services, as the case may be, and 50% of such profits for further five
assessment years subject to fulfillment of other conditions specified in section 10AA.
Computation of eligible deduction under section 10AA [See Working Note below]:
(i) If Unit in SEZ was set up and began manufacturing from 22-05-2010:
Since A.Y. 2017-18 is the 7th assessment year from A.Y. 2011-12, relevant to the
previous year 2010-11, in which the SEZ unit began manufacturing of articles or
things, it shall be eligible for deduction of 50% of the profits derived from export of
such articles or things, assuming all the other conditions specified in section 10AA are
fulfilled.
Export turnover of Unit in SEZ
= Profits of Unit in SEZ x x 50%
300 lakhs
= 60 lakhs x x 50% = ` 22.50 lakhs
400 lakhs
(ii) If Unit in SEZ was set up and began manufacturing from 14-05-2014:
Since A.Y.2017-18 is the 3rd assessment year from A.Y. 2015-16, relevant to the
previous year 2014-15, in which the SEZ unit began manufacturing of articles or
things, it shall be eligible for deduction of 100% of the profits derived from export of
such articles or things, assuming all the other conditions specified in section 10AA are
fulfilled.
= Profits of Unit in SEZ x x 100%
300 lakhs
= 60 lakhs x x 100% = ` 45 lakhs
400 lakhs
The unit set up in Domestic Tariff Area is not eligible for the benefit of deduction under
section 10AA in respect of its export profits, in both the situations.
Working Note:
Computation of total sales, export sales and net profit of unit in SEZ
Particulars Rudra Ltd. (`) Unit in DTA (`) Unit in SEZ (`)
Total Sales 6,00,00,000 2,00,00,000 4,00,00,000
Export Sales 4,60,00,000 1,60,00,000 3,00,00,000
Net Profit 80,00,000 20,00,000 60,00,000
Question 10
Mr. Suresh has set up an undertaking in SEZ (Unit A) and another undertaking in DTA (Unit B)
in the financial year 2011-12. In the previous year 2016-17, total turnover of the Unit A is
` 180 lacs and total turnover of Unit B is ` 120 lacs. Export turnover of Unit A for the year is
` 150 lacs and the profit for the Unit A is ` 60 lacs.

Calculate the deduction available, if any, to Mr. Suresh under section 10AA of the Income-tax
Act, 1961, for the Assessment year 2017-18, if Unit A had started manufacturing in the
financial year 2011-12.
Answer
Computation of deduction available under section 10AA to Mr. Suresh for A.Y.2017-18
As per section 10AA, in computing the total income of an assessee from its unit located in a
Special Economic Zone (SEZ), which begins to manufacture or produce articles or things or
provide any services during the previous year relevant to the assessment year commencing
on or after 01.04.2006, there shall be allowed a deduction of 100% of the profit and gains
derived from export of such articles or things or from services for a period of five consecutive
assessment years beginning with the assessment year relevant to the previous year in which
the Unit begins to manufacture or produce such articles or things or provide services, as the
case may be, and 50% of such profits for further five assessment years subject to fulfillment of
other conditions specified in section 10AA.
Mr. Suresh has set up an undertaking in SEZ (Unit A) and started manufacturing in the
financial year 2011-12. For A.Y. 2017-18, being the 6th year of operation, he will be eligible for
deduction of 50% of the profit of such unit, assuming all the other conditions specified in
section 10AA are fulfilled.
= Profits of Unit in SEZ x × 50%
Total turnover of Unitin SEZ
150 lacs
= 60 lacs x × 50%
180 lacs
= ` 25 lacs
Mr. Suresh is not eligible for deduction under section 10AA in respect of Unit B set up in DTA.
Question 11
Explain the meaning of expression "advancement of any other object of general public utility"
in the context of "Charitable Purpose" defined under section 2(15) of the Act. Discuss its tax
implication as well.
Answer
The expression "advancement of any other object of general public utility" includes any object
which will be beneficial even to a segment of society and not necessarily to the whole
mankind. However, the object should not be for the benefit of specified individuals.
The proviso to section 2(15) of the Act provides that “advancement of any other object of
general public utility" shall not be a charitable purpose, if it involves carrying on of -
(i) any activity in the nature of trade, commerce or business, or

3.15 Income-tax
(ii) any activity of rendering of any service in relation to any trade, commerce or business,
for a cess or fee or any other consideration, irrespective of the nature of use or application of
the income from such activity or the retention of such income, by the concerned entity.
However, “advancement of any other object of general public utility” would continue to be a
“charitable purpose”, if such activity is undertaken in the course of actual carrying out of such
advancement of any other object of general public utility and the aggregate receipts from any
activity in the nature of trade, commerce or business, or any activity of rendering any service
in relation to any trade, commerce or business does not exceed 20% of the total receipts of
the trust or institution undertaking such activity or activities of that previous year.
Question 12
Can a political party claim exemption of its income under section 13A of the Income-tax Act, 1961?
Answer
Under section 13A, a political party registered under section 29A of the Representation of the
People Act, 1951, can claim exemption under the following heads - Income from house
property, capital gains and income from other sources. Income by way of voluntary
contributions received by such political party is also exempt under section 13A.
These exemptions are subject to the following conditions:-
(i) The political party must keep and maintain such books of account and other documents
as would enable the Assessing Officer to properly deduce its income therefrom.
(ii) The political party should keep and maintain a record of each such voluntary contribution
in excess of ` 20,000 and the names and addresses of such contributors, the date of
receipt and such other details as may be relevant or appropriate.
(iii) The accounts of the political party must be audited by a chartered accountant.
(iv) A report under section 29C(3) of the Representation of People Act, 1951 has to be
submitted by the treasurer of such political party or any other person authorised by the
political party in this behalf for every financial year.
Exercise
1. The maximum ceiling limit for exemption under section 10(10) in respect of gratuity for employees
covered by the Payment of Gratuity Act, 1972 is -
(a) ` 3,50,000
(b) ` 10,00,000
(c) ` 5,00,000
2. The maximum ceiling limit for exemption under section 10(10C) with respect to
compensation received on voluntary retirement is -
(a) ` 3,00,000

(b) ` 3,50,000
(c) ` 5,00,000
3. The HRA paid to an employee residing in Patna is exempt up to the lower of actual HRA, excess
of rent paid over 10% of salary and -
(a) 40% of salary
(b) 50% of salary
(c) 60% of salary
4. Anirudh stays in New Delhi. His basic salary is ` 10,000 p.m., D.A. (60% of which forms part of
pay) is 6,000 p.m., HRA is ` 5,000 p.m. and he is entitled to a commission of 1% on the turnover
achieved by him. Anirudh pays a rent of ` 5,500 p.m. The turnover achieved by him during the
current year is 12 lakhs. The amount of HRA exempt under section 10(13A) is –
(a) ` 48,480
(b) ` 45,600
(c) ` 49,680
5. In case of a trade union registered under the Trade Unions Act, 1926 formed for regulating
relations between workmen and employers or between workmen and workmen, the following
incomes are exempt from tax -
(a) Capital gains and Income from other sources.
(b) Income from house property and capital gains.
(c) Income from house property and income from other sources.
6. Voluntary contributions received by electoral trusts during the P.Y.2016-17 is -
(a) Fully taxable
(b) Fully exempt from tax
(c) Exempt only if the trust distributes to a registered political party during the year, 95% of the
aggregate donations received by it
7. The income derived from property held under trust wholly for charitable or religious purpose is
exempt from tax under section 11 subject to fulfillment of certain conditions. One of the
conditions is that -
(a) At least 75% of the income is required to be applied for the approved purposes.
(b) At least 85% of the income is required to be applied for the approved purposes.
(c) The entire income is required to be applied for the approved purposes.
8. Income by way of voluntary contributions of political parties is exempt provided -
(a). the political party keeps and maintains a record of each such voluntary contribution in
excess of ` 10,000 and of the name and address of the person who made such
contribution;
(b). the political party keeps and maintains a record of each such voluntary contribution in

3.17 Income-tax
contribution;
(c) the political party keeps and maintains a record of each such voluntary contribution in
contribution;
9. (a) Discuss the exemption available under the Income-tax Act in respect of specified income
arising from any international sporting event in India.
(b) What are the exemptions available under section 10 in respect of companies engaged in the
business of generation or transmission or distribution of power and subsidiaries of such
companies? What are the conditions to be fulfilled to avail such exemptions?
10. When can a charitable trust avail benefits under section 11 & 12 of the Income-tax Act, 1961?
11. Write short notes on:
(i) Exemption for retrenchment compensation under section 10(10B).
(ii) Exceptions under section 10(10D) as regards exemption of any sum received under a life
insurance policy.
(iii) ‘Encashment of Earned Leave’ and its taxability under the Act.
12. State the provisions relating to the exemption in respect of long-term capital gains on transfer of
listed equity shares.
13. What are the conditions to be fulfilled by a Charitable Trust under section 12A for applicability of
exemption provisions contained in sections 11 and 12?
14. Briefly explain the exemption available under section 10(48) of the Income-tax Act, 1961 in
respect of income received by certain foreign companies from sale of crude oil.
Answers
1. b; 2. c; 3. a; 4. a; 5. c; 6. c; 7. b; 8. b

4 Unit 1 : Income From Salaries
Key Points
Basis of Charge [Section 15]
(i) Salary is chargeable to tax either on ‘due’ basis or on ‘receipt’ basis, whichever is
earlier.
(ii) However, where any salary, paid in advance, is assessed in the year of payment,
it cannot be subsequently brought to tax in the year in which it becomes due.
(iii) If the salary paid in arrears has already been assessed on due basis, the same
cannot be taxed again when it is paid.
Taxability/Exemption of certain Allowances
Section Allowance Exemption
10(13A) House Rent Least of the following is exempt:
Allowance (a) HRA actually received
(b) Rent paid less 10% of salary
(c) 50% of salary, if accommodation is located in
Mumbai, Kolkata, Delhi or Chennai
40% of salary, if the accommodation is
located in any other city.
10(14)(ii) Children education ` 100 per month per child upto maximum of two
allowance children
Transport ` 1,600 per month (` 3,200 per month for an
allowance for employee who is blind or deaf or dumb or
commuting orthopaedically handicapped)
between the place
of residence and the
place of duty.
Hostel expenditure ` 300 per month per child up to a maximum of two
of employee’s children
children

4.2 Income Tax
Exemption of Terminal Benefits

Section Component Category of Particulars [Taxability / Exemption under
of salary employee section 10]
10(10) Gratuity Government Fully exempt u/s 10(10)(i)
Non- Least of the following is exempt :
Government (i) ` 10 lacs
(ii) Gratuity actually received
(iii) In case of employees covered by the
Payment of Gratuity Act, 1972
15/26 x last drawn salary x number of
completed years or part in excess of six
months
In case of employees not covered by
the Payment of Gratuity Act, 1972
1/2 x average salary of last 10 months x
number of completed years of service
(fraction to be ignored).
10(10A) Pension Government Fully taxable.
Uncommuted & Non-
pension Government
Commuted Government/
pension local
authorities/ Fully exempt under section 10(10A)(i)
statutory
corporation/
members of
Civil services
/ All-India
services /
Defence
Services.
Other If the employee is in receipt of gratuity
Employees The amount exempt would be one-third of the
amount of commuted pension which he would have
received had he commuted his entire pension.
If the employee is not in receipt of gratuity
The amount exempt would be one-half of the
amount of commuted pension which he would
have received had he commuted his entire
pension.

Income from Salaries 4.3
10(10AA) Leave Salary

Received Government
during service & Non- Fully taxable
Government
Received at Government Fully exempt (at the time of retirement)
the time of
retirement,
(whether on Non- Least of the following is exempt :
superannu- Government
(i) ` 3,00,000
ation or
otherwise) (ii) Leave salary actually received
(iii) Cash equivalent of leave standing at the
credit of the employee [based on on
average salary of last 10 months]
(maximum 30 days for every year of
service)
(iv) 10 months salary (based on average
salary of last 10 months)
10(10B) Retrenchment Least of the following is exempt :
Compensation
(i) Compensation actually received.
(ii) ` 5,00,000
(iii) 15/26 × Average salary of last 3
months × Completed years of service
and part thereof in excess of 6 months
10(10C) Voluntary Central and Least of the following is exempt :
Retirement State
(i) Compensation actually received
Compensation Government,
Public sector (ii) ` 5,00,000
company, any
other (iii) Last drawn salary x 3 months x
company, local completed years of service
authority, co- (iv) Last drawn salary x remaining months
operative of service
society, IIT
etc.

4.4 Income Tax
Section 10(5) [Leave Travel Concession]

Exemption is available for 2 trips in a block of 4 calendar years.
S. No. Journey performed by Exemption
1 Air Amount not exceeding air economy fare by the
shortest route.
2 Any other mode :
(i) Where rail service is Amount not exceeding air conditioned first
available class rail fare by the shortest route.
(ii) Where rail service is not
available
a) and public transport Amount equivalent to air conditioned first
does not exist class rail fares by the shortest route
b) but public transport Amount not exceeding the first class or deluxe
exists. class fare by the shortest route.
Provident Funds - Exemption & Taxability provisions
Particulars Recognized PF Unrecognized PF Statutory Public PF
PF
Employer’s Amount in excess of Not taxable yearly Fully N.A.
Contribution 12% of salary is taxable exempt
Employee’s Eligible for deduction Not eligible for Eligible Eligible for
Contribution u/s 80C deduction for deduction
deduction u/s 80C
u/s 80C
Interest Amount in excess of Not taxable yearly Fully Fully exempt
Credited 9.5% p.a. is taxable exempt
Amount Exempt from tax if Employer’s Fully Fully exempt
received on employee served a contribution and exempt u/s 10(11)
retirement, continuous period of 5 interest thereon is u/s 10(11)
etc. years or more or retires taxable as salary.
before rendering 5 Employee’s
years of service contribution is not
because of reason taxable. Interest
beyond the control of on employee’s
the employee. In other contribution is
case, it will be taxable. taxable under
income from other
source.

Valuation of Perquisites [Section 17(2) read with Rule 3]

(A) Rent-free residential accommodation
S. Category of Unfurnished accommodation Furnished
No. Employee (C) accommodation
(A) (B) (D)
1 Government License fee determined as per Value determined
employee government rules as reduced by the rent under column (C)
actually paid by the employee. Add: 10% p.a. of the
furniture cost.
However, if the
furniture is hired, then
hire charges
payable/paid should be
added to the value
determined under
column (C), as reduced
by charges recovered
from employee.
2 Non- Where accommodation is owned by Value determined

government employer under column (C)
employee Location Perquisite Add: 10% p.a. of the
value furniture cost.
In cities having a 15% of salary
population > 25 lacs However, if the
as per 2001 census. furniture is hired, then
hire charges
In cities having a 10% of salary payable/paid should be
population > 10 lacs added to the value
≤ 25 lacs as per 2001 determined under
census. column (C), as reduced
In other areas 7.5% of salary by charges recovered
The perquisite value should be from employee.
arrived at by reducing the rent, if
any, actually paid by the employee,
from the above value.

4.6 Income Tax
Where the accommodation is Value determined under

taken on lease or rent by column (C)
employer Add: 10% p.a. of the
Lower of the following is taxable: furniture cost.
(a) actual amount of lease rent
paid or payable by employer However, if the furniture is
or hired, then hire charges
(b) 15% of salary payable/paid should be
The lower of the above should be added to the value
reduced by the rent, actually paid determined under column
by the employee, to arrive at the (C), as reduced by charges
perquisite value. recovered from employee.
(B) Interest free or concessional loan
In respect of any loan given by employer to employee or any member of his
household (excluding for medical treatment for specified ailments or where loans
amount in aggregate does not exceed ` 20,000), the interest at the rate charged by
SBI as on the first day of the relevant previous year at maximum outstanding
monthly balance (aggregate outstanding balance for each loan as on the last day of
each month) as reduced by the interest, if any, actually paid by him or any member
of his household.
(D) Use of movable assets by employee/ any member of his household
(i) 10% p.a. of actual cost of asset owned by the employer or the amount of hire
charges incurred by the employer for the asset hired would be the perquisite
value.
(ii) There would, however, be no perquisite for use of laptops and computers.
(E) Transfer of movable assets
Perquisite value would be the depreciated value of the asset computed by applying
the rates of depreciation mentioned in the following table, as reduced by any amount
paid by or recovered from the employee.
S. Assets Rate of depreciation
No.
1 Computers and electronic 50% of WDV for each completed year of usage
items
2 Motor cars 20% of WDV for each completed year of usage
3 Other assets 10% on SLM for each completed year of usage

(F) Motor car

S. Car Expenses Wholly Wholly Partly personal use
No. owned/ met by official personal use
hired by use
1 Employer Employer Not a Running and
perquisite maintenance
expenses, wear cc of Perquisite
and tear or engine value
hire charges, upto 1.6 ` 1,800
driver salary litres p.m.
less amount
charged from
the employee above 1.6 ` 2,400
for such use. litres p.m.
If chauffeur is also
provided, ` 900 p.m
should be added to the
above value.
2 Employee Employer Not a Actual amount Actual amount of
perquisite of expenditure expenditure incurred by
incurred. the employer as reduced
by the perquisite value
arrived at in (2) above.
3 Employer Employee Not a Wear and tear
perquisite or hire
charges, driver cc of Perquisite
salary. engine value
upto 1.6 ` 600 p.m.
litres
above 1.6 ` 900 p.m.
litres
If chauffeur is also
provided, ` 900 p.m
should be added to the
above value.

4.8 Income Tax
Meaning of Salary:
S. Calculation of exemption of Meaning of salary
No. Allowance / Terminal benefit /
Valuation of perquisite
1 Gratuity Basic salary and dearness allowance.
(in case of non-Government
employees covered by the Payment
of Gratuity Act, 1972)
2 a) Gratuity (in case of non-
Government employee not
covered by Payment of Gratuity
Act, 1972) Basic salary and dearness allowance, if
b) Leave Salary provided in terms of employment, and
commission calculated as a fixed
c) House Rent Allowance
percentage of turnover.
d) Recognized Provident Fund
e) Voluntary Retirement
Compensation
3 Rent free accommodation and All pay, allowance, bonus or commission
concessional accommodation or any monetary payment by whatever
name called but excludes-
(1) Dearness allowance not forming part
of computation of superannuation or
retirement benefit
(2) employer’s contribution to the
provident fund account of the
employee;
(3) allowances which are exempted from
the payment of tax;
(4) value of the perquisites specified in
section 17(2);
(5) any payment or expenditure
specifically excluded under the
proviso to section 17(2) i.e., medical
expenditure/payment of medical
insurance premium specified therein.
(6) lump-sum payments received at the
time of termination or service or
superannuation or voluntary
retirement.

Deductions from gross salary [Section 16]

(1) Entertainment allowance (allowable only in the case of government
employees) [Section 16(ii)]
Least of the following is allowed as deduction:
(1) ` 5,000
(2) 1/5th of basic salary
(3) Actual entertainment allowance received
(2) Profession tax [Section 16(iii)]
Any sum paid by the assessee on account of tax on employment is allowable
as deduction.
In case profession tax is paid by employer on behalf of employee, the amount
paid shall be included in gross salary as a perquisite and then deduction can be
claimed.
Relief when salary is paid in arrears or in advance [Section 89]
Step 1 Calculate tax payable of the previous year in which the arrears/advance
salary is received by considering:
(a) Total Income inclusive of additional salary
(b) Total Income exclusive of additional salary
Step 2 Compute the difference the tax calculated in Step 1 and Step 2 i.e., (a) – (b)
Step 3 Calculate the tax payable of every previous year to which the additional
salary relates:
(a) On total income including additional salary of that particular
previous year
(b) On total income excluding additional salary.
Step 4 Calculate the difference between (a) and (b) in Step 3 for every previous
year to which the additional salary relates and aggregate the same.
Step 5 Relief u/s 89(1) = Amount calculated in Step 2 – Amount calculated in

Step 4

4.10 Income Tax
Question 1
Mr. Harish, aged 52 years, is the Production Manager of XYZ Ltd. From the following details,
compute the taxable income for the assessment year 2017-18.
Basic salary ` 50,000 per month
Dearness allowance 40% of basic salary
Transport allowance (for commuting between place of residence and ` 3,000 per month
office)
Motor car running and maintenance charges fully paid by employer ` 60,000
(The motor car is owned by the company and driven by the
employee. The engine cubic capacity is above 1.60 litres. The motor
car is used for both official and personal purpose by the employee.)
Expenditure on accommodation in hotels while touring on official ` 80,000
duties met by the employer
Loan from recognized provident fund (maintained by the employer) ` 60,000
Lunch provided by the employer during office hours.
Cost to the employer ` 24,000
Computer (cost ` 35,000) kept by the employer in the residence of
Mr. Harish from 1.06.2016
Mr. Harish made the following payments:
Medical insurance premium: Paid in Cash ` 4,800
Paid by account payee crossed cheque ` 25,700
Answer
Computation of taxable income of Mr. Harish for the A.Y.2017-18
Particulars ` `
Basic salary (` 50,000 x 12) 6,00,000
Dearness allowance @ 40% of basic salary 2,40,000
Transport allowance (` 3,000 x 12) 36,000
Less : Exemption under section 10(14) (` 1,600 x 12) 19,200 16,800
Motor car running & maintenance charges paid by employer (See Note-1) 28,800
Expenditure on accommodation in hotels while touring on official duty
is not a perquisite in the hands of employee and hence not
chargeable to tax Nil
Loan from recognized provident fund – not chargeable to tax Nil

Value of lunch provided during office hours 24,000

Less: Exempt under Rule 3(7)(iii) (See Note-2) 15,000 9,000
Computer provided in the residence of employee by the employer –
not chargeable to tax [Rule 3(7)(vii)] Nil
Gross Salary 8,94,600
Less : Deduction under Chapter VI-A
Deduction under section 80D in respect of medical insurance
premium paid by cheque amounting to ` 25,700 but restricted to
`25,000 (See Note-3) 25,000
Taxable income 8,69,600
Notes:
1. As per Rule 3(2), if the motor car (whose engine cubic capacity is above 1.60 litres) is
owned by the employer and is used for both official and personal purpose by the
employee, then, the value of perquisite for use of motor car would be ` 2,400 per month.
Therefore, value of perquisite for use of motor car would be ` 2,400 x 12 = ` 28,800
2. As per Rule 3(7)(iii), lunch provided by the employer during office hours is not considered
as perquisite upto ` 50 per meal. Since, the number of working days is not given in the
question, it is assumed to be 300 days during the F.Y. 2016-17. Therefore, ` 15,000 (i.e.
300 x ` 50) would be exempt and the balance ` 9,000 (i.e. ` 24,000 - ` 15,000) would
be taxable.
3. Medical insurance premium paid in cash of ` 4,800 is not allowable as deduction under
section 80D. Further, deduction for medical insurance premium paid through cheque is
restricted to ` 25,000, which is the maximum deduction allowable.
Question 2
Mr. Balaji, employed as Production Manager in Beta Ltd., furnishes you the following
information for the year ended 31.03.2017:
(i) Basic salary upto 31.10.2016 ` 50,000 p.m.
Basic salary from 01.11.2016 ` 60,000 p.m.
Note: Salary is due and paid on the last day of every month.
(ii) Dearness allowance @ 40% of basic salary.
(iii) Bonus equal to one month salary. Paid in October 2016 on basic salary plus dearness
allowance applicable for that month.
(iv) Contribution of employer to recognized provident fund account of the employee@16% of
basic salary.
(v) Profession tax paid ` 3,000 of which ` 2,000 was paid by the employer.

4.12 Income Tax
(vi) Facility of laptop and computer was provided to Balaji for both official and personal use.
Cost of laptop ` 45,000 and computer ` 35,000 were acquired by the company on
01.12.2016.
(vii) Motor car owned by the employer (cubic capacity of engine exceeds 1.60 litres) provided
to the employee from 01.11.2016 meant for both official and personal use. Repair and
running expenses of ` 45,000 from 01.11.2016 to 31.03.2017, were fully met by the
employer. The motor car was self-driven by the employee.
(viii) Leave travel concession given to employee, his wife and three children (one daughter
aged 7 and twin sons aged 3). Cost of air tickets (economy class) reimbursed by the
employer ` 30,000 for adults and ` 45,000 for three children. Balaji is eligible for availing
exemption this year to the extent it is permissible in law.
Compute the salary income chargeable to tax in the hands of Mr. Balaji for the assessment year
2017-18.
Answer
Computation of Taxable Salary of Mr. Balaji for A.Y. 2017-18
Particulars `
Basic salary [(` 50,000 × 7) + (` 60,000 × 5)] 6,50,000
Dearness Allowance (40% of basic salary) 2,60,000
Bonus (` 50,000 + 40% of ` 50,000) (See Note 1) 70,000
Employers contribution to recognised provident fund in excess of 12% of 26,000
salary = 4% of ` 6,50,000 (See Note 4)
Professional tax paid by employer 2,000
Perquisite of Motor Car (` 2,400 for 5 months) (See Note 5) 12,000
Professional tax (See Note 6) 3,000
Taxable Salary 10,17,000
Notes:
1. Since bonus was paid in the month of October, the basic salary of ` 50,000 for the month
of October is considered for its calculation.
2. As per Rule 3(7)(vii), facility of use of laptop and computer is an exempt perquisite,
whether used for official or personal purpose or both.
3. Mr. Balaji can avail exemption under section 10(5) on the entire amount of ` 75,000
reimbursed by the employer towards Leave Travel Concession since the same was
availed for himself, his wife and three children and the journey was undertaken by
economy class airfare. The restriction imposed for two children is not applicable in case
of multiple births which take place after the first child.

It is assumed that the Leave Travel Concession was availed for journey within India.
4. It is assumed that dearness allowance does not form part of salary for computing
retirement benefits.
5. As per the provisions of Rule 3(2), in case a motor car (engine cubic capacity exceeding
1.60 liters) owned by the employer is provided to the employee without chauffeur for
personal as well as office use, the value of perquisite shall be ` 2,400 per month. The
car was provided to the employee from 01.11.2016, therefore the perquisite value has
been calculated for 5 months.
6. As per section 17(2)(iv), a “perquisite” includes any sum paid by the employer in respect
of any obligation which, but for such payment, would have been payable by the
assessee. Therefore, professional tax of ` 2,000 paid by the employer is taxable as a
perquisite in the hands of Mr. Balaji. As per section 16(iii), a deduction from the salary is
provided on account of tax on employment i.e. professional tax paid during the year.
Therefore, in the present case, the professional tax paid by the employer on behalf of the
employee ` 2,000 is first included in the salary and deduction of the entire professional tax of
` 3,000 is provided from salary.
Question 3
From the following details, find out the salary chargeable to tax for the A.Y.2017-18 -
Mr. X is a regular employee of Rama & Co., in Gurgaon. He was appointed on 1.1.2016 in the
scale of 20,000-1,000-30,000. He is paid 10% D.A. & Bonus equivalent to one month pay
based on salary of March every year. He contributes 15% of his pay and D.A. towards his
recognized provident fund and the company contributes the same amount.
He is provided free housing facility which has been taken on rent by the company at
` 10,000 per month. He is also provided with following facilities:
(i) Facility of laptop costing ` 50,000.
(ii) Company reimbursed the medical treatment bill of his brother of ` 25,000, who is
dependent on him.
(iii) The monthly salary of ` 1,000 of a house keeper is reimbursed by the company.
(iv) A gift voucher of ` 10,000 on the occasion of his marriage anniversary.
(v) Conveyance allowance of ` 1,000 per month is given by the company towards actual
reimbursement.
(vi) He is provided personal accident policy for which premium of ` 5,000 is paid by the
company.
(vii) He is getting telephone allowance @ ` 500 per month.
(viii) Company pays medical insurance premium of his family of ` 10,000.

4.14 Income Tax
Answer
Computation of taxable salary of Mr. X for A.Y. 2017-18
Particulars `
Basic pay [(` 20,000×9) + (` 21,000×3)] = ` 1,80,000 + ` 63,000 2,43,000
Dearness allowance [10% of basic pay] 24,300
Bonus 21,000
Employer’s contribution to Recognized Provident Fund in excess of 12% (15%-
12% =3% of ` 2,67,300) [See Note 1 below] 8,019
Taxable allowances
Telephone allowance 6,000
Taxable perquisites
Rent-free accommodation [See Note 1 & 2 below] 44,145
Medical reimbursement (` 25,000 - ` 15,000) [See Note 4 below] 10,000
Reimbursement of salary of housekeeper 12,000
Gift voucher [See Note 6 below] 10,000
Salary income chargeable to tax 3,78,464
Notes:
1. It has been assumed that dearness allowance forms part of salary for retirement benefits
and accordingly, the perquisite value of rent-free accommodation and employer’s
contribution to recognized provident fund have been worked out.
2. Where the accommodation is taken on lease or rent by the employer, the value of rent-
free accommodation provided to employee would be actual amount of lease rental paid
or payable by the employer or 15% of salary, whichever is lower.
For the purposes of valuation of rent free house, salary includes:
(i) Basic salary i.e., ` 2,43,000
(ii) Dearness allowance (assuming that it is included for calculating retirement benefits)
i.e. ` 24,300
(iii) Bonus i.e., ` 21,000
(iv) Telephone allowance i.e., ` 6,000
Therefore, salary works out to
2,43,000 + 24,300 + 21,000 +6,000 = 2,94,300.
15% of salary = 2,94,300 × 15/100 = 44,145

Value of rent-free house = Lower of rent paid by the employer (i.e. ` 1,20,000) or 15% of
salary (i.e., ` 44,145).
Therefore, the perquisite value is ` 44,145.
3. Facility of use of laptop is not a taxable perquisite.
4. Clause (v) of the proviso to section 17(2) exempts any sum paid by the employer in
respect of any expenditure actually incurred by the employee on his medical treatment or
treatment of any member of his family to the extent of ` 15,000. Therefore, in this case,
the balance of ` 10,000 (i.e., ` 25,000 – ` 15,000) is a taxable perquisite. Medical
insurance premium paid by employer is exempt.
5. Conveyance allowance is exempt since it is based on actual reimbursement for official
purposes.
6. The value of any gift or voucher or token in lieu of gift received by the employee or by
member of his household below ` 5,000 in aggregate during the previous year is exempt.
In this case, the gift voucher was received on the occasion of marriage anniversary and
the sum exceeds the limit of ` 5,000.
Therefore, the entire amount of ` 10,000 is liable to tax as perquisite.
Note - An alternate view possible is that only the sum in excess of ` 5,000 is taxable in
view of the language of Circular No.15/2001 dated 12.12.2001 that such gifts upto
` 5,000 in the aggregate per annum would be exempt, beyond which it would be taxed as
a perquisite. As per this view, the value of perquisite would be ` 5,000.
7. Premium of ` 5,000 paid by the company for personal accident policy is not liable to tax.
Question 4
From the following details, find out the salary chargeable to tax of Mr. Anand for the
assessment year 2017-18:
Mr. Anand is a regular employee of Malpani Ltd. in Mumbai. He was appointed on 01-03-2016
in the scale of 25,000-2,500-35,000. He is paid dearness allowance (which forms part of
salary for retirement benefits) @ 15% of basic pay and bonus equivalent to one and a half
month's basic pay as at the end of the year. He contributes 18% of his salary (basic pay plus
dearness allowance) towards recognized provident fund and the Company contributes the
same amount.
He is provided free housing facility which has been taken on rent by the Company at
` 15,000 per month. He is also provided with following facilities:
(i) The Company reimbursed the medical treatment bill of ` 40,000 of his daughter, who is
dependent on him.
(ii) The monthly salary of ` 2,000 of a house keeper is reimbursed by the Company.
(iii) He is getting telephone allowance @ ` 1,000 per month.

4.16 Income Tax
(iv) A gift voucher of ` 4,700 was given on the occasion of his marriage anniversary.
(v) The Company pays medical insurance premium to effect an insurance on the health of
Mr. Anand ` 12,000.
(vi) Motor car running and maintenance charges of ` 36,600 fully paid by employer. (The
motor car is owned and driven by Mr. Anand. The engine cubic capacity is below 1.60
litres. The motor car is used for both official and personal purpose by the employee.)
(vii) Value of free lunch provided during office hours is ` 2,200.
Answer
Computation of taxable salary of Mr. Anand for A.Y. 2017-18
Particulars `
Basic pay [(` 25,000×11) + (` 27,500×1)] = ` 2,75,000 + ` 27,500 3,02,500
Dearness allowance [15% of basic pay] 45,375
Bonus [` 27,500 × 1.5] 41,250
Employer’s contribution to Recognized Provident Fund in excess of 12%
(18% - 12% = 6% of ` 3,47,875) 20,873
Taxable allowances
Telephone allowance 12,000
Taxable perquisites
Rent-free accommodation [See Note 1 below] 60,169
Medical reimbursement (` 40,000 - ` 15,000) [See Note 2 below] 25,000
Reimbursement of salary of housekeeper [` 2,000 × 12] 24,000
Gift voucher [See Note 4 below] -
Motor car owned and driven by employee, running and maintenance 15,000
charges borne by the employer [` 36,600 - ` 21,600 (i.e., ` 1,800 × 12)]
Value of free lunch facility [See Note 5 below] -
Salary income chargeable to tax 5,46,167
Notes:
1. Where the accommodation is taken on lease or rent by the employer, the value of
rent-free accommodation provided to employee would be actual amount of lease
rental paid or payable by the employer or 15% of salary, whichever is lower.
For the purposes of valuation of rent free house, salary includes:
(i) Basic salary ` 3,02,500
(ii) Dearness allowance ` 45,375
(iii) Bonus ` 41,250
(iv) Telephone allowance ` 12,000
Total ` 4,01,125
15% of salary = ` 4,01,125 × 15/100 = ` 60,169

Value of rent-free house will be

- Actual amount of lease rental paid by employer (i.e. ` 1,80,000) or
- 15% of salary (i.e., ` 60,169),
whichever is lower.
Therefore, the perquisite value is ` 60,169.
2. Any sum paid by the employer in respect of any expenditure actually incurred by
the employee on his medical treatment or treatment of any member of his family is
exempt to the extent of ` 15,000. Therefore, in this case, the balance of
` 25,000 (i.e., ` 40,000 – ` 15,000) is a taxable perquisite.
3. Medical insurance premium paid by the employer to effect an insurance on the
health of the employee is fully exempt.
4. If the value of any gift or voucher or token in lieu of gift received by the employee or
by member of his household is less than ` 5,000 in aggregate during the previous
year, the perquisite value is Nil. In this case, the gift voucher was received on the
occasion of marriage anniversary and the sum is less than ` 5,000. Therefore, the
perquisite value of gift voucher, is Nil.
5. Free lunch provided by the employer during office hours is not a perquisite,
assuming that the value does not exceed ` 50 per meal.
Question 5
Shri Hari is the General Manager of ABC Ltd. From the following details, compute the taxable
income for the Assessment year 2017-18:
Basic salary ` 20,000 per month
Dearness allowance 30% of basic salary
Transport allowance (for commuting between place of residence and office) ` 2,000 per month
Motor car running and maintenance charges fully paid by employer ` 36,000
(The motor car is owned and driven by employee Hari. The engine cubic capacity is below
1.60 litres. The motor car is used for both official and personal purpose by the employee)
Expenditure on accommodation in hotels while touring on official duties met
by the employer. ` 30,000
Loan from recognised provident fund (maintained by the employer) ` 40,000
Lunch provided by the employer during office hours.
Cost to the employer ` 12,000
Computer (cost ` 50,000) kept by the employer in the residence of Hari
from 1.10.2016
Hari made the following payments:
Medical insurance premium : Paid in cash ` 3,000
Paid by cheque ` 27,000

4.18 Income Tax
Answer
Computation of taxable income of Shri Hari for the A.Y. 2017-18
Particulars ` `
Basic salary (` 20,000 x 12) 2,40,000
Dearness allowance @ 30% 72,000
Less: Exemption under section 10(14) (read with Rule 2BB @ 19,200 4,800
` 1,600 p.m.)
Motor car maintenance borne by employer [` 36,000 -
` 21,600 (i.e., ` 1,800 × 12)] 14,400
Expenditure on accommodation while on official duty not a
perquisite and hence not chargeable to tax Nil
Loan from recognized provident fund – not chargeable to tax Nil
Value of lunch provided during working hours (not chargeable
to tax as per rule 3(7)(iii)-free food provided by the employer
during working hours is not treated as perquisite provided that
the value thereof does not exceed fifty rupees per meal) Nil
Computer provided in the residence of employee by the
employer – not chargeable to tax [Rule 3(7)(vii)] Nil
Less: Deduction under Chapter VI-A
Deduction under section 80D in respect of medical insurance
premium paid by cheque, restricted to ` 25,000 25,000
Premium paid in cash not eligible for deduction Nil 25,000
Question 6
Mr. Vignesh, Finance Manager of KLM Ltd., Mumbai, furnishes the following particulars for the
financial year 2016-17:
(i) Salary ` 46,000 per month
(ii) Value of medical facility in a hospital maintained by the company ` 7,000
(iii) Rent free accommodation owned by the company
(iv) Housing loan of ` 6,00,000 given on 01.04.2016 at the interest rate of 6% p.a. (No
repayment made during the year). The rate of interest charged by State Bank of India
(SBI) as on 01.04.2016 in respect of housing loan is 10%.
(v) Gifts in kind made by the company on the occasion of wedding anniversary of
Mr. Vignesh ` 4,750.

(vi) A wooden table and 4 chairs were provided to Mr. Vignesh at his residence (dining table).
This was purchased on 1.5.2013 for ` 60,000 and sold to Mr. Vignesh on 1.8.2016 for
` 30,000.
(vii) Personal purchases through credit card provided by the company amounting to ` 10,000
was paid by the company. No part of the amount was recovered from Mr. Vignesh.
(viii) An ambassador car which was purchased by the company on 16.7.2013 for ` 2,50,000
was sold to the assessee on 14.7.2016 for ` 80,000.
Other income received by the assessee during the previous year 2016-17:
Particulars `
(a) Interest on Fixed Deposits with a company 5,000
(b) Income from specified mutual fund 3,000
(c) Interest on bank fixed deposits of a minor married daughter 3,000
(ix) Contribution to LIC towards premium under section 80CCC ` 1,00,000
(x) Deposit in PPF Account made during the year 2016-17 ` 40,000
Compute the taxable income of Mr. Vignesh and the tax thereon for the Assessment year
2017-18.
Answer
Computation of taxable income of Mr. Vignesh for the Assessment Year 2017-18
Particulars ` `
(a) Income from salaries (See Working Note below) 7,62,800
(b) Income from other sources
(i) Interest on fixed deposit with a company 5,000
(ii) Income from specified mutual fund exempt under
section 10(35) Nil
(iii) Interest on Fixed Deposit received by minor daughter
(` 3,000 - ` 1500) 1,500 6,500
Gross total income 7,69,300
Less: Deductions under Chapter VI-A
Section 80C – PPF 40,000
Section 80CCC 1,00,000 1,40,000
Total Income 6,29,300
Tax on total income 50,860
Add: Education cess @ 2% 1,017

4.20 Income Tax
Add : Secondary and Higher Education cess @ 1% 509

Total tax liability 52,386
Total tax liability (rounded off) 52,390
Working Note:
Computation of salary income of Mr. Vignesh for the Assessment Year 2017-18
Particulars `
Income under the head “salaries”
Salary [ ` 46,000 x 12 ] 5,52,000
Medical facility [ in the hospital maintained by the company is exempt] _
Rent free accommodation
15% of salary is taxable (i.e. ` 5,52,000 × 15% as per Rule 3(1)) 82,800
Use of dining table for 4 months
[` 60,000 x 10 /100 x 4 /12] 2,000
Valuation of perquisite of interest on loan
[Rule 3(7)(i)] – 10% is taxable which is to be reduced by actual rate of interest 24,000
charged i.e. [ 10% - 6% = 4%]
Gift given on the occasion of wedding anniversary ` 4,750 is exempt, since its -
value is less than ` 5,000
Perquisite on sale of dining tables
Cost 60,000
Less: Depreciation on straight line method @ 10% for 3 years 18,000
Written Down Value 42,000
Less: Amount paid by the assessee 30,000 12,000
Purchase through credit card – not being a privilege but 10,000
covered by section 17(2)(iv)
Perquisite on sale of car
Original cost of car 2,50,000
Less: Depreciation from 16.7.2013 to 15.7.2014 @ 20% 50,000
2,00,000
Less: Depreciation from 16.7.2014 to 15.7.2015 @ 20% 40,000
Value as on 14.07.2015- being the date of sale to employee 1,60,000
Less: Amount received from the assessee on 14.07.2016 80,000 80,000
Income from Salaries 7,62,800

Note: Under Rule 3(7)(viii), while calculating the perquisite value of benefit to the employee
arising from the transfer of any movable asset, the normal wear and tear is to be calculated in
respect of each completed year during which the asset was put to use by the employer. In the
given case the third year of use of ambassador car is completed on 15.7.2016 where as the
car was sold to the employee on 14.7.2016. The solution worked out above provides for wear
and tear for only two years.
Question 7
Mrs. Lakshmi aged about 66 years is a Finance Manager of M/s. Lakshmi & Co. Pvt. Ltd.,
based at Calcutta. She is in continuous service since 1975 and receives the following salary
and perks from the company during the year ending 31.03.2017:
(i) Basic Salary (` 50,000 x 12) = ` 6,00,000
(ii) D.A. (` 20,000 x 12) = ` 2,40,000 (forms part of pay for retirement benefits)
(iii) Bonus – 2 months basic pay.
(iv) Commission – 0.1% of the turnover of the company. The turnover for the F.Y. 2016-17
was ` 15.00 crores.
(v) Contribution of the employer and employee to the recognized provident fund Account
` 3,00,000 each.
(vi) Interest credited to Recognized Provident Fund Account at 9.5% - ` 60,000.
(vii) Rent free unfurnished accommodation provided by the company for which the company
pays a rent of ` 70,000 per annum.
(viii) Entertainment Allowance – ` 30,000.
(ix) Hostel allowance for three children – ` 5,000 each.
She makes the following payments and investments :
(i) Premium paid to insure the life of her major son – ` 15,000.
(ii) Medical Insurance premium for self – ` 6,000 ; Spouse – ` 6,000.
(iii) Donation to a public charitable institution registered under 80G ` 2,00,000 by way of
cheque.
(iv) LIC Pension Fund – ` 50,000.
Determine the tax liability for the Assessment Year 2017-18.

4.22 Income Tax
Answer
Computation of Total Income of Mrs. Lakshmi for A.Y. 2017-18
Particulars ` `
Income from salary
Basic salary 6,00,000
Dearness allowance 2,40,000
Bonus 1,00,000
Commission (calculated as percentage of turnover) 1,50,000
Entertainment allowance 30,000
Children’s hostel allowance 15,000
Less : Exemption (` 300 x 12 x 2) 7,200 7,800
Interest credited to recognized provident fund account (exempt) -
Rent free unfurnished accommodation
(Refer Working Note 1) 70,000
Excess contribution to PF by employer
(Refer Working Note 2) 1,81,200
Gross salary 13,79,000
Less : Deduction under section 80C
Life insurance premium paid for insurance of major son 15,000
Contribution to recognized provident fund 3,00,000
3,15,000
Restricted to 1,50,000
Deduction under section 80CCC in respect of LIC pension fund 50,000
2,00,000
Deduction limited to ` 1,50,000 as per section 80CCE 1,50,000
Deduction under section 80D 12,000
Total income before deduction under section 80G 12,17,000
Deduction under section 80G :
50% of ` 1,21,700 (10% total income) (Refer Working Note 3) 60,850
Tax on total income [20,000 + 1,00,000 + (11,56,150 -10,00,000) x 30%] 1,66,845
Add : Education cess @ 2% 3,337
Add : Secondary and higher education cess @ 1% 1,668
Total tax liability 1,71,850

Working Notes:
1. Value of rent free unfurnished accommodation
Particulars `
Bonus 1,00,000
Commission @ 0.1% of turnover 1,50,000
Entertainment allowance 30,000
Children’s hostel allowance 7,800
15% of salary 1,69,170
Actual rent paid by the company 70,000
The least of the above is chargeable perquisite.
2. Employer’s contribution to P.F. in excess of 12% of salary
Employer’s contribution ` 3,00,000
Less : 12% of basic salary, dearness allowance & commission
12% of ` 9,90,000 ` 1,18,800
` 1,81,200
3. No deduction shall be allowed under section 80G in respect of any sum exceeding
` 10,000 unless such sum is paid by any mode other than cash. Here, since the donation
of ` 2,00,000 is made by cheque, the same is allowed.
Question 8
Mr. M is an area manager of M/s N. Steels Co. Ltd. During the financial year 2016-17, he gets the
following emoluments from his employer:
Basic Salary
Up to 31.8.2016 ` 20,000 p.m.
From 1.9.2016 ` 25,000 p.m.
Transport allowance ` 2,000 p.m.
Contribution to recognised provident fund 15% of basic salary
Children education allowance (Total) ` 500 p.m. for two children
City compensatory allowance ` 300 p.m.
Hostel expenses allowance (Total) ` 380 p.m. for two children
Tiffin allowance (actual expenses ` 3,700) ` 5,000 p.a.
Tax paid on employment ` 2,500
Compute taxable salary of Mr. M for the Assessment year 2017-18.

4.24 Income Tax
Answer
Computation of taxable salary of Mr. M. for the Assessment Year 2017-18
Particulars ` `
Basic Salary (` 20,000 x 5) +(` 25,000 x 7) 2,75,000
Less : Exempt under section 10(14) (` 1,600 x 12) 19,200 4,800
Children education allowance (` 500 x 12) 6,000

Less: Exempt under section 10(14) (` 100 x 2 x 12) 2,400 3,600
City Compensatory Allowance (` 300 x 12) 3,600

Hostel Expenses Allowance (` 380 x 12) 4,560
Less: Exempt under section 10(14) (` 300 x 2 x 12 i.e. ` 7,200
but restricted to the actual allowance of ` 4,560) 4,560 Nil
Tiffin allowance (fully taxable) 5,000
Tax paid on employment [See Note Below] 2,500
Employer’s contribution to recognized provident fund in excess
of 12% of salary (i.e., 3% of ` 2,75,000) 8,250
Less : Tax on employment under section 16(iii) 2,500
Taxable salary 3,00,250
Note: Professional tax paid by employer should be included in the salary of Mr. M as a perquisite
since it is discharge of monetary obligation of the employee by the employer. Thereafter, deduction
of professional tax paid is allowed to the employee from his gross salary.
Question 9
From the following details furnished by Mr. Dinesh, a marketing manager of XL Corporation
Ltd., Delhi, compute the gross total income for the Assessment Year 2017-18.
Particulars Amount
(` )
Salary including Dearness Allowance 6,50,000
Conveyance allowance of ` 900 p.m. 10,800
Bonus 50,000
Salary of servant provided by the employer 48,000
Bills paid by the employer for gas, electricity and water provided free of 82,000
cost at the residence of Mr. Dinesh

Dinesh purchased a flat in a co-operative housing society in Dwarka, Delhi for self occupation
for ` 35,00,000 in April 2013, which was financed by a loan from Bank of India of ` 20,00,000
@ 11% interest and his own savings of ` 5,00,000 and a deposit of
` 10,00,000 from Bank of Baroda, to whom he let out his another house in Rohini, Delhi on
lease for ten years. The rent payable by Bank of Baroda is ` 35,000 per month. Other
relevant particulars are given below:
(i) Municipal taxes paid by Dinesh for his flat in Dwarka are ` 18,000 per annum and for his
house in Rohini are ` 12,000 per annum.
(ii) Principal loan amount outstanding as on 01-04-2016 was ` 18,50,000.
(iii) He also paid ` 8,000 towards insurance of both the houses.
(iv) In the financial year 2015-16, he had gifted ` 40,000 each to his wife and minor son.
The gifted amounts were advanced to Mr. Sandeep, who is paying interest @ 18% per
annum.
(v) Mr. Dinesh’s son is studying in a school run by the employer company throughout the
financial year 2016-17. The education facility was provided free of cost. The cost of
such education in similar school is ` 2,500 per month.
(vi) Dinesh also received gifts of ` 45,000 each from his two friends during the financial year
2016-17.
Answer
Computation of gross total income of Mr. Dinesh for the A.Y. 2017-18
Particulars ` `
Salaries
Salary including dearness allowance 6,50,000
Bonus 50,000
Conveyance allowance (Fully exempt under section 10(14)(i) read
with Rule 2BB(1)(c), assuming that it is granted to meet the
expenditure actually incurred on conveyance in performance of Nil
duties of an office or employment of profit).
Value of perquisites:
(i) Salary of servant [Rule 3(3)] 48,000
(ii) Free gas, electricity and water [Rule 3(4)] 82,000
(iii) Cost of free education provided by employer
(` 2,500 x 12) is fully taxable, since the cost of education
exceeds ` 1,000 per month [Rule 3(5)]. 30,000 1,60,000
Income chargeable under the head “Salaries” 8,60,000

4.26 Income Tax

Let-out property (At Rohini)
Gross Annual Value (GAV) (Lease rental is taken as GAV in the 4,20,000
absence of other information) (` 35,000 × 12)
Less: Municipal taxes paid 12,000
Less: Deduction under section 24(a): 30% of NAV 1 1,22,400
(A) 2,85,600
Self-occupied property (At Dwarka)
Net Annual Value (NAV) [Since the property is self-occupied] Nil
Less: Deduction under section 24(a)
Interest on loan from Bank of India @11% of
` 18,50,000 restricted to 2,03,500 (2,00,000)
(B) (2,00,000)
Income from house property [A - B] 85,600
Income from Other Sources
(i) Interest earned by minor son from advances made out of
money gifted to him by his father, Mr. Dinesh, is includible
in the hands of Dinesh as per section 64(1A), since all
income arising to a minor child is includible in the hands of
parent 2 whose total income (before including the income of
minor child) is greater (` 40,000 x 18%) 7,200
Less: Exempt under section 10(32) 1,500
5,700
(ii) Interest income earned by Dinesh’s wife from advances
made out of money gifted to her by her husband, Mr.
Dinesh, has to be included in the total income of Mr.
Dinesh as per section 64(1) (` 40,000 x 18%) 7,200
(iii) Gift received from two friends [taxable under section
56(2)(vii)] since the aggregate amount received during the
year exceeds ` 50,000 (` 45,000 x 2) 90,000 _1,02,900
1
No separate deduction is allowable in respect of insurance.
2
It is assumed that Mr. Dinesh’s total income before including the income of minor child is higher than his wife’s total income.

Question 10
Mr. Anand, an employee of XYZ Co. Ltd. at Mumbai and covered by Payment of Gratuity Act,
retires at the age of 64 years on 31-12-2016 after completing 33 years and 7 months of
service. At the time of retirement, his employer pays ` 20,51,640 as Gratuity and
` 6,00,000 as accumulated balance of Recognised Provident fund. He is also entitled for
monthly pension of ` 8,000. He gets 75% of pension commuted for ` 4,50,000 on
1st February, 2017.
Determine the salary chargeable to tax for Mr. Anand for the Assessment Year 2017-18 with
the help of following information:
`
Basic Salary (` 80,000 x 9) 7,20,000
Bonus 36,000
House Rent Allowance (` 15,000 x 9) 1,35,000
Rent paid by Mr. Anand (` 10,000 x 12) 1,20,000
Employer contribution towards Recognized Provident Fund 1,10,000
Professional Tax paid by Mr. Anand 2,000
Note: Salary and Pension falls due on the last day of each month.
Answer
Computation of taxable salary of Mr. Anand for the Assessment Year 2017-18
Particulars `
Basic Salary (` 80,000 x 9) 7,20,000
Bonus 36,000
House Rent Allowance (Working Note 1) 1,17,000
Employer’s contribution towards recognized provident fund in excess of 23,600
12% of salary [i.e., ` 1,10,000 – ` 86,400 (12% of ` 7,20,000)]
Gratuity (Working Note 2) 10,51,640
Uncommuted Pension [(` 8,000 x 1) + (` 2,000 x 2)] 12,000
Commuted Pension (Working Note 3) 2,50,000
Less: Professional tax paid by Mr. Anand [deductible under section 16(iii)] 2,000

4.28 Income Tax
Working Notes:
Particulars ` `
(1) Taxable House Rent Allowance
Actual HRA Received 1,35,000
As per section 10(13A), least of the following is exempt:
(i) Actual HRA received 1,35,000
(ii) Excess of rent paid over 10% of salary (basic pay, in
this case)
- Rent paid (` 10,000 x 9) ` 90,000
- Less: 10% of salary (i.e., 10% of
` 7,20,000) ` 72,000 18,000
(iii) 50% of salary (i.e., 50% of ` 7,20,000) 3,60,000
Least of the above 18,000
Taxable HRA 1,17,000
(2) Taxable Gratuity
Actual Gratuity received 20,51,640
As per section 10(10), least of the following is exempt:
(i) Statutory limit 10,00,000
(ii) Actual gratuity received 20,51,640
(iii) 15 days salary for each completed year of service 15,69,231
or part thereof in excess of 6 months i.e.,
15/26 x 80,000 x 34
Least of the above 10,00,000
Taxable Gratuity 10,51,640
(3) Commuted Pension
Since Mr. Anand is a non-government employee in receipt of gratuity, exemption
under section 10(10A), would be available to the extent of 1/3rd of the amount of the
pension which he would have received had he commuted the whole of the pension.
Amount received (Commuted value of 75% of pension) 4,50,000
Amount exempt from tax = (` 4,50,000 x 100/75) x 1/3 2,00,000
Taxable amount 2,50,000
(4) Accumulated balance of Recognized Provident Fund (RPF)
` 6 lakh, representing the accumulated balance of RPF, received on retirement is
exempt since Mr. Anand has rendered a continuous service for a period of 5 years or
more (33 years and 7 months) in XYZ Ltd.

Question 11
Mr. X retired from the services of M/s Y Ltd. on 31.01.2017, after completing service of 30
years and one month. He had joined the company on 1.1.1987 at the age of 30 years and
received the following on his retirement:
(i) Gratuity ` 6,00,000. He was covered under the Payment of Gratuity Act, 1972.
(ii) Leave encashment of ` 3,30,000 for 330 days leave balance in his account. He was
credited 30 days leave for each completed year of service.
(iii) As per the scheme of the company, he was offered a car which was purchased on
01.02.2014 by the company for ` 5,00,000. Company has recovered ` 2,00,000 from him
for the car. Company depreciates the vehicles at the rate of 15% on Straight Line
Method.
(iv) An amount of ` 3,00,000 as commutation of pension for 2/3 of his pension commutation.
(v) Company presented him a gift voucher worth ` 6,000 on his retirement.
(vi) His colleagues also gifted him a Television (LCD) worth ` 50,000 from their own
contribution.
Following are the other particulars:
(i) He has drawn a basic salary of ` 20,000 and 50% dearness allowance per month for the
period from 01.04.2016 to 31.01.2017.
(ii) Received pension of ` 5,000 per month for the period 01.02.2017 to 31.03.2017 after
commutation of pension.
Compute his gross total income from the above for Assessment Year 2017-18.
Answer
Computation of Gross Total Income of Mr. X for A.Y. 2017-18
Particulars `
Basic Salary = ` 20,000 x 10 2,00,000
Dearness Allowance = 50% of basic salary 1,00,000
Gift Voucher (See Note - 1) 6,000
Transfer of car (See Note - 2) 56,000
Gratuity (See Note - 3) 80,769
Leave encashment (See Note - 4) 1,30,000
Uncommuted pension (` 5000 x 2) 10,000
Commuted pension (See Note - 5) 1,50,000
Taxable Salary /Gross Total Income 7,32,769

4.30 Income Tax
Notes:
(1) As per Rule 3(7)(iv), the value of any gift or voucher or token in lieu of gift received by
the employee or by member of his household not exceeding ` 5,000 in aggregate during
the previous year is exempt. In this case, the amount was received on his retirement and
the sum exceeds the limit of ` 5,000.
a perquisite. As per this view, the value of perquisite would be ` 1,000 and gross taxable
income would be ` 7,27,769.
(2) Perquisite value of transfer of car: As per Rule 3(7)(viii), the value of benefit to the
employee, arising from the transfer of an asset, being a motor car, by the employer is the
actual cost of the motor car to the employer as reduced by 20% of such cost for each
completed year during which such motor car was put to use by the employer on a written
down value basis. Therefore, the value of perquisite on transfer of motor car, in this case,
would be:
Particulars `
Purchase price (1.2.2014) 5,00,000
Less: Depreciation @ 20% 1,00,000
WDV on 31.1.2015 4,00,000
Less: Depreciation @ 20% 80,000
WDV on 31.1.2016 3,20,000
Less: Depreciation @ 20% 64,000
WDV on 31.1.2017 2,56,000
Less: Amount recovered 2,00,000
Value of perquisite 56,000
The rate of 15% as well as the straight line method adopted by the company for
depreciation of vehicle is not relevant for calculation of perquisite value of car in the
hands of Mr. X.
(3) Taxable gratuity
Particulars `
Gratuity received 6,00,000
Less : Exempt under section 10(10) - Least of the following:
(i) Notified limit = ` 10,00,000

(ii) Actual gratuity = ` 6,00,000

(iii) 15/26 x 30,000 x 30 = ` 5,19,231 5,19,231
Taxable Gratuity 80,769
(4) Taxable leave encashment
Particulars `
Leave Salary received 3,30,000
Less : Exempt under section 10(10AA) - Least of the following:
(i) Notified limit ` 3,00,000
(ii) Actual leave salary ` 3,30,000
(iii) 10 months x ` 20,000 ` 2,00,000
(assuming that dearness allowance does not form part of
pay for retirement benefit)
(iv) Cash equivalent of leave to his credit ` 2,20,000
 330 
x × 20,000 
 30  2,00,000
Taxable Leave encashment 1,30,000
Note – It has been assumed that dearness allowance does not form part of salary for
retirement benefits. In case it is assumed that dearness allowance forms part of pay for
retirement benefits, then, the third limit for exemption under section 10(10AA) in respect
of leave encashment would be ` 3,00,000 (i.e. 10 x ` 30,000) and the fourth limit
` 3,30,000, in which case, the taxable leave encashment would be ` 30,000 (` 3,30,000
-` 3,00,000). In such a case, the gross total income would be ` 6,32,769.
(5) Commuted Pension
Since Mr. X is a non-government employee in receipt of gratuity, exemption under
section 10(10A) would be available to the extent of 1/3rd of the amount of the pension
which he would have received had he commuted the whole of the pension.
Particulars `
Amount received 3,00,000
1  3
Exemption under section 10(10A) = × 3,00,000 ×  1,50,000
3  2
Taxable amount 1,50,000
(6) The taxability provisions under section 56(2)(vii) are not attracted in respect of television
received from colleagues, since television is not included in the definition of property
therein.

4.32 Income Tax
Question 12
Mr. Narendra, who retired from the services of Hotel Samode Ltd., on 31.1.2017 after putting
on service for 5 years, received the following amounts from the employer for the year ending
on 31.3.2017:
♦ Salary @ ` 16,000 p.m. comprising of basic salary of ` 10,000, Dearness allowance of
` 3,000, City compensatory allowance of ` 2,000 and Night duty allowance of ` 1,000.
♦ Pension @ 30% of basic salary from 1.2.2017.
♦ Leave salary of ` 75,000 for 225 days of leave accumulated during 5 years @ 45 days
leave in each year. He has not availed any earned leave during his tenure of 5 years and
utilized only his casual leave.
♦ Gratuity of ` 50,000.
Compute the total income of Mr. Narendra for the assessment year 2017-18.
Answer
Computation of total income of Mr. Narendra for A.Y. 2017-18
Particulars ` `
Income from Salaries
Gross salary received during 1.4.2016 to 31.1.2017 @
` 16,000 p.m. (` 16,000 x 10) 1,60,000
Pension for 2 months @ 30% of the basic salary of ` 10,000 p.m. 6,000
Leave Salary 75,000
Less: Exempt under section 10(10AA) (Note1) 50,000 25,000
Gratuity 50,000
Less: Exempt under section 10(10) (Note2) 25,000 25,000
Notes:
1. Leave encashment is exempt to the extent of least of the following:
Particulars `
(ii) Cash equivalent of leave for 30 days for 5 years (` 10,000 ×150/30) 50,000
(iii) 10 months average salary (10 x ` 10,000) 1,00,000
(iv) Actual amount received 75,000
Therefore, ` 50,000 is exempt under section 10(10AA).

2. Assuming that the employee is not covered under the Payment of Gratuity Act, 1972,
Gratuity is exempt to the extent of least of the following :
Particulars `
(ii) Half month’s salary for 5 years of service ( 5 x ` 5,000) 25,000
(iii) Actual gratuity received 50,000
Therefore, ` 25,000 is exempt under section 10(10).
3. It has been assumed that dearness allowance does not form part of salary for retirement
benefits and therefore, not included in “Salary” for the purpose of computation of leave
encashment and gratuity.
Question 13
Mr. Mohit is employed with XY Ltd. on a basic salary of ` 10,000 p.m. He is also entitled to
dearness allowance @ 100% of basic salary, 50% of which is included in salary as per terms of
employment. The company gives him house rent allowance of ` 6,000 p.m. which was increased
to ` 7,000 p.m. with effect from 1.01.2017. He also got an increment of ` 1,000 p.m. in his basic
salary with effect from 1.02.2017. Rent paid by him during the previous year 2016-17 is as under:
April and May, 2016 - Nil, as he stayed with his parents
June to October, 2016 - ` 6,000 p.m. for an accommodation in Ghaziabad
November, 2016 to March, 2017 - ` 8,000 p.m. for an accommodation in Delhi.
Compute his gross salary for assessment year 2017-18.
Answer
Computation of gross salary of Mr. Mohit for A.Y. 2017-18
Particulars `
Basic salary [(` 10,000 × 10) + (` 11,000 × 2)] 1,22,000
House Rent Allowance (See Note below) 21,300
Note: Computation of Taxable House Rent Allowance (HRA)
Particulars April-May June-Oct Nov-Dec Jan Feb-March
(`) (`) (`) (`) (`)
Basic salary per month 10,000 10,000 10,000 10,000 11,000
Dearness allowance (included
in salary as per terms of

4.34 Income Tax
employment) (50% of basic

salary) 5,000 5,000 5,000 5,000 5,500
Salary per month for the
purpose of computation of
house rent allowance 15,000 15,000 15,000 15,000 16,500
Relevant period (in 2 5 2 1 2
months)
Salary for the relevant period 30,000 75,000 30,000 15,000 33,000
(Salary per month × relevant
period)
Rent paid for the relevant Nil 30,000 16,000 8,000 16,000
period (`6,000×5) (`8,000×2) (`8,000×1) (` 8,000×2)
House rent allowance (HRA) 12,000 30,000 12,000 7,000 14,000
received during the relevant
period (A) (`6,000×2) (`6,000×5) (`6,000×2) (`7,000×1) (`7,000×2)
Least of the following is
exempt [u/s 10(13A)]
1. Actual HRA received 12,000 30,000 12,000 7,000 14,000
2. Rent paid – 10% of N.A. 22,500 13,000 6,500 12,700
salary
3. 40% of salary N.A. 30,000
(Residence at (40% ×
Ghaziabad–June ` 75,000)
to Oct, 2016)
50% of salary 15,000 7,500 16,500
(Residence at Delhi– (50% × (50% × (50% ×
Nov’16- March’17) `30,000) `15,000) `33,000)
Exempt HRA (B) Nil 22,500 12,000 6,500 12,700
Taxable HRA (Actual HRA –
Exempt HRA) (A-B) 12,000 7,500 Nil 500 1,300
Taxable HRA (total) = ` 12,000 + ` 7,500 + ` 500 + ` 1,300 = ` 21,300
Question 14
(i) Mr. Khanna, an employee of IOL, New Delhi, a private sector company, received the
following for the financial year 2016-17:
Sl. No. Particulars `
1. Basic pay 1,20,000

2. House rent allowance 1,00,000

3. Special allowance 30,000
Mr. Khanna was residing at New Delhi and was paying a rent of ` 10,000 a month.
Compute the eligible exemption under section 10(13A) of the Income-tax Act, 1961, in
respect of house rent allowance received.
(ii) If Mr. Khanna opts for rent free accommodation whereby IOL would be paying a rent of
` 10,000 per month to the landlord and recovers a sum of ` 2,500 per month from Mr.
Khanna which was in excess of his entitlement, what will be the perquisite value in
respect of such rent free accommodation?
(iii) Which of the above would be beneficial to Mr. Khanna i.e., house rent allowance or rent
free accommodation?
Answer
(i) The eligible exemption under section 10(13A) in respect of house rent allowance
received would be least of the following:
Particulars ` `
(a) Actual house rent allowance (HRA) received 1,00,000
(b) Excess of rent paid over 10% of basic salary
Rent paid (10,000 x 12) 1,20,000
Less: 10% of basic pay (i.e. 10% of ` 1,20,000) 12,000 1,08,000
(c) 50% of salary (i.e. 50% of ` 1,20,000) 60,000
Least of the above is ` 60,000.
The house rent allowance received by Mr. Khanna would be exempt to the extent of
` 60,000 under section 10(13A). The balance of ` 40,000 is includible in his total income.
(ii) Perquisite value in respect of concessional accommodation
As per rule 3(1), where the accommodation is taken on lease or rent by the employer, the
actual amount of lease rental paid or payable by the employer or 15% of salary,
whichever is lower, as reduced by the rent, if any, actually paid by the employee is the
value of the perquisite.
(a) Actual rent paid by the employer = ` 10,000 x 12 = ` 1,20,000
(b) 15% of salary = 15% of basic pay plus special allowance =
15% of ` 1,50,000 = ` 22,500
Lower of the above is ` 22,500, which should be reduced by the rent of ` 30,000 paid by
the employee (i.e.,2,500 × 12 = ` 30,000). The perquisite value is, therefore, nil.

4.36 Income Tax
(iii) We have to see the cash flow from both the options to find out which is more beneficial.
Particulars ` `
Option 1: HRA
Cash inflows [Basic Pay + HRA + Special Allowance] 2,50,000
Less: Cash outflows:
Rent paid 1,20,000
Tax (See Working Note 1 below) Nil 1,20,000
Net cash flow 1,30,000
Option 2: Concessional Accommodation
Cash inflows [Basic Pay + Special Allowance] 1,50,000
Less: Cash outflows:
Rent recovery 30,000
Tax (See Working Note 2 below) Nil 30,000
Net cash flow 1,20,000
Since the net cash flow is higher in Option 1, Mr. Khanna should opt for HRA, which
would be more beneficial to him.
Working Notes:
1. Computation of tax under Option 1 (HRA):
Particulars `
Salary:
Basic Pay 1,20,000
HRA (taxable) 40,000
Special allowance 30,000
Total salary 1,90,000
Tax on ` 1,90,000 (including cess) Nil
2. Computation of tax under Option 2 (Concessional accommodation)
Particulars `
Salary:
Basic Pay 1,20,000
Concessional accommodation Nil
Total salary 1,50,000
Tax on ` 1,50,000 Nil

Question 15
Mr. X and Mr. Y are working for M/s. Gama Ltd. As per salary fixation norms, the following
perquisites were offered:
(i) For Mr. X, who engaged a domestic servant for ` 500 per month, his employer
reimbursed the entire salary paid to the domestic servant i.e. ` 500 per month.
(ii) For Mr. Y, he was provided with a domestic servant @ ` 500 per month as part of
remuneration package.
You are required to comment on the taxability of the above in the hands of Mr. X and Mr. Y,
who are not specified employees.
Answer
In the case of Mr. X, it becomes an obligation which the employee would have discharged
even if the employer did not reimburse the same. Hence, the perquisite will be covered under
section 17(2)(iv) and will be taxable in the hands of Mr. X. This is taxable in the case of all
employees.
In the case of Mr. Y, it cannot be considered as an obligation which the employee would meet.
The employee might choose not to have a domestic servant. This is taxable only in the case of
specified employees covered by section 17(2)(iii). Hence, there is no perquisite element in the
hands of Mr. Y.
Question 16
The following benefits have been granted by Ved Software Ltd. to one of its employees Mr.
Badri:
(i) Housing loan @ 6% per annum. Amount outstanding on 1.4.2016 is ` 6,00,000. Mr. Badri
pays ` 12,000 per month towards principal, on 5th of each month.
(ii) Air-conditioners purchased 4 years back for ` 2,00,000 have been given to Mr. Badri for
` 90,000.
Compute the chargeable perquisite in the hands of Mr. Badri for the A.Y. 2017-18.
The lending rate of State Bank of India as on 1.4.2016 for housing loan may be taken as 10%.
Answer
Perquisite value for housing loan: The value of the benefit to the assessee resulting from
the provision of interest-free or concessional loan made available to the employee or any
member of his household during the relevant previous year by the employer or any person on
his behalf shall be determined as the sum equal to the interest computed at the rate charged
per annum by the State Bank of India (SBI) as on the 1 st day of the relevant previous year in
respect of loans for the same purpose advanced by it. This rate should be applied on the

4.38 Income Tax
maximum outstanding monthly balance and the resulting amount should be reduced by the
interest, if any, actually paid by him.
“Maximum outstanding monthly balance” means the aggregate outstanding balance for loan as
on the last day of each month.
The perquisite value for computation is 10% - 6% = 4%
Month Maximum outstanding balance as Perquisite value at 4%
on last date of month (`) for the month (`)
April, 2016 5,88,000 1,960
May, 2016 5,76,000 1,920
June, 2016 5,64,000 1,880
July, 2016 5,52,000 1,840
August, 2016 5,40,000 1,800
September, 2016 5,28,000 1,760
October, 2016 5,16,000 1,720
November, 2016 5,04,000 1,680
December, 2016 4,92,000 1,640
January, 2017 4,80,000 1,600
February, 2017 4,68,000 1,560
March, 2017 4,56,000 1,520
Total value of this perquisite 20,880
Perquisite Value of Air Conditioners
Particulars `
Original cost 2,00,000
Depreciation on SLM basis for 4 years @10% i.e. ` 2,00,000 x10% x 4 80,000
Written down value 1,20,000
Amount recovered from the employee 90,000
Perquisite value 30,000
Chargeable perquisite in the hands of Mr. Badri for the assessment year 2017-18
Particulars `
Housing loan 20,880
Air Conditioner 30,000
Total 50,880

Question 17
Shri Bala employed in ABC Co. Ltd. as Finance Manager gives you the list of perquisites
provided by the company to him for the entire financial year 2016-17:
(i) Medical facility given to his family in a hospital maintained by the company. The
estimated value of benefit because of such facility is ` 40,000.
(ii) Domestic servant was provided at the residence of Bala. Salary of domestic servant is
` 1,500 per month. The servant was engaged by him and the salary is reimbursed by the
company (employer).
In case the company has employed the domestic servant, what is the value of perquisite?
(iii) Free education was provided to his two children Arthy and Ashok in a school maintained
and owned by the company. The cost of such education for Arthy is computed at ` 900
per month and for Ashok at ` 1,200 per month. No amount was recovered by the
company for such education facility from Bala.
(iv) The employer has provided movable assets such as television, refrigerator and air-
conditioner at the residence of Bala. The actual cost of such assets provided to the
employee is ` 1,10,000.
(v) A gift voucher worth ` 10,000 was given on the occasion of his marriage anniversary. It
is given by the company to all employees above certain grade.
(vi) Telephone provided at the residence of Shri Bala and the bill aggregating to ` 25,000
paid by the employer.
State the taxability or otherwise of the above said perquisites and compute the total value of
taxable perquisites.
Answer
Taxability of perquisites provided by ABC Co. Ltd. to Shri Bala
(i) Medical facility to employees’ family in a hospital maintained by the employer is not a
taxable perquisite. Regardless of the estimated value of benefit arising from such facility
to the employee, it is exempt from tax. Therefore, the value of perquisite is Nil.
(ii) Domestic servant was employed by the employee and the salary of such domestic
servant was paid/reimbursed by the employer. It is taxable as perquisite for all categories
of employees.
Taxable perquisite value = ` 1,500 × 12 = ` 18,000.
If the company had employed the domestic servant and the facility of such servant is
given to the employee, then the perquisite is taxable only in the case of specified
employees. The value of the taxable perquisite in such a case also would be
` 18,000.

4.40 Income Tax
(iii) Where the educational institution is owned by the employer, the value of perquisite in
respect of free education facility shall be determined with reference to the reasonable
cost of such education in a similar institution in or near the locality. However, there would
be no perquisite if the cost of such education per child does not exceed ` 1,000 per
month.
Therefore, there would be no perquisite in respect of cost of free education provided to
his child Arthy, since the cost does not exceed ` 1,000 per month.
However, the cost of free education provided to his child Ashok would be taxable, since
the cost exceeds ` 1,000 per month. The taxable perquisite value would be ` 14,400
(` 1,200 × 12).
Note – An alternate view possible is that only the sum in excess of ` 1,000 per month is
taxable. In such a case, the value of perquisite would be ` 2,400.
(iv) Where the employer has provided movable assets to the employee or any member of his
household, 10% per annum of the actual cost of such asset owned or the amount of hire
charges incurred by the employer shall be the value of perquisite. However, this will not
apply to laptops and computers. In this case, the movable assets are television,
refrigerator and air conditioner and actual cost of such assets is ` 1,10,000.
The perquisite value would be 10% of the actual cost i.e., ` 11,000, being 10% of
` 1,10,000.
(v) The value of any gift or voucher or token in lieu of gift received by the employee or by
member of his household not exceeding ` 5,000 in aggregate during the previous year is
exempt. In this case, the amount was received on the occasion of marriage anniversary
and the sum exceeds the limit of ` 5,000.
a perquisite. As per this view, the value of perquisite would be ` 5,000.
Total value of taxable perquisite = ` 53,400 [i.e. ` 18,000 + 14,400 + 11,000 +
10,000].
(v) Telephone provided at the residence of the employee and payment of bill by the
employer is a tax free perquisite.
Note - In case the alternate views are taken for items (iii) & (v), the total value of taxable
perquisite would be ` 36,400 [i.e., ` 18,000 + 2,400 + 11,000 + 5,000].

Question 18
Ms. Rakhi is an employee in a private company. She receives the following medical benefits
from the company during the previous year 2016-17:
`
1 Reimbursement of following medical expenses incurred by Ms. Rakhi
(A) On treatment of her self employed daughter in a private clinic 4,000
(B) On treatment of herself by family doctor 8,000
(C) On treatment of her mother-in-law dependent on her, in a nursing 5,000
home
2 Payment of premium on Mediclaim Policy taken on her health 7,500
3 Medical Allowance 2,000
per month
4 Medical expenses reimbursed on her son's treatment in a government 5,000
hospital
5 Expenses incurred by company on the treatment of her minor son 1,05,000
abroad
6 Expenses in relation to foreign travel and stay of Rakhi and her son 1,20,000
abroad for medical treatment
(Limit prescribed by RBI for this is ` 2,00,000)
Discuss about the taxability of above benefits and allowances in the hands of Rakhi.
Answer
Tax treatment of medical benefits, allowances and mediclaim premium in the hands of
Ms. Rakhi for A.Y. 2017-18
Particulars
1. Reimbursement of medical expenses incurred by Ms. Rakhi
(A) The amount of ` 4,000 reimbursed by her employer for treatment of her self-
employed daughter in a private clinic qualifies for exclusion from perquisite,
subject a maximum of ` 15,000 as per clause (v) of the first proviso to section
17(2), since daughter falls within the definition of “family”, even though she is
not a dependent. As per the definition of family, the condition of dependency is
relevant only for parents, brothers and sisters of the individual and not for
spouse and children.
(B) The amount of ` 8,000 reimbursed by the employer for treatment of Ms. Rakhi
by family doctor qualifies for exclusion from perquisite, subject to a maximum
of ` 15,000 under clause (v) of the first proviso to section 17(2).

4.42 Income Tax
(C) The amount of ` 5,000 reimbursed by her employer for treatment of her
dependant mother-in-law in a nursing home does not qualify for exclusion
upto ` 15,000, since mother-in-law does not fall within the definition of “family”,
even though she is dependent on Ms. Rakhi.
Therefore, the aggregate sum of ` 12,000, specified in (A) and (B) above,
reimbursed by the employer would be excluded from perquisite [since the same is
less than the maximum permissible limit of ` 15,000]. However, the sum of ` 5,000
specified in (C) above is a taxable perquisite.
2. Medical insurance premium of ` 7,500 paid by the employer for insuring health of
Ms. Rakhi is an exempt perquisite as per clause (iii) of the first proviso to section
17(2).
3. Medical allowance of ` 2,000 per month i.e., ` 24,000 p.a. is a fully taxable
allowance.
4. As per clause (ii)(a) of the first proviso to section 17(2), reimbursement of medical
expenses of ` 5,000 on her son’s treatment in a hospital maintained by the
Government is an exempt perquisite.
5. As per clause (vi) of the first proviso to section 17(2), the following expenditure
& incurred by the employer would be excluded from perquisite subject to certain
6. conditions –
(i) Expenditure on medical treatment of the employee, or any member of the
family of such employee, outside India [` 1,05,000, in this case];
(ii) Expenditure on travel and stay abroad of the employee or any member of the
family of such employee for medical treatment and one attendant who
accompanies the patient in connection with such treatment [` 1,20,000, in this
case].
The conditions subject to which the above expenditure would be exempt are as
follows -
(i) The expenditure on medical treatment and stay abroad would be excluded from
perquisite to the extent permitted by Reserve Bank of India;
(ii) The expenditure on travel would be excluded from perquisite only in the case of
an employee whose gross total income, as computed before including the said
expenditure, does not exceed ` 2 lakh.
Assuming that the limit of ` 2 lakh prescribed by RBI pertains to both expenditure on
medical treatment of minor son as well as expenditure on stay abroad of Ms. Rakhi
and her minor son, such expenditure would be excluded from perquisite subject to a
maximum of ` 2 lakh. If such expenditure is less than ` 2 lakh, it would be fully
excluded. The foreign travel expenditure of Ms. Rakhi and her minor son borne by
the employer would be excluded from perquisite only if the gross total income of Ms.
Rakhi, as computed before including the said expenditure, does not exceed ` 2 lakh.

Question 19
AB Co. Ltd. allotted 1000 sweat equity shares to Sri Chand in June 2016. The shares were
allotted at ` 200 per share as against the fair market value of ` 300 per share on the date of
exercise of option by the allottee viz. Sri Chand. The fair market value was computed in
accordance with the method prescribed under the Act.
(i) What is the perquisite value of sweat equity shares allotted to Sri Chand?
(ii) In the case of subsequent sale of those shares by Sri Chand, what would be the cost of
acquisition of those sweat equity shares?
Answer
(i) As per section 17(2)(vi), the value of sweat equity shares chargeable to tax as perquisite
shall be the fair market value of such shares on the date on which the option is exercised
by the assessee as reduced by the amount actually paid by, or recovered from, the
assessee in respect of such shares.
Particulars `
Fair market value of 1000 sweat equity shares @ ` 300 each 3,00,000
Less: Amount recovered from Sri Chand 1000 shares @ ` 200 each 2,00,000
Value of perquisite of sweat equity shares allotted to Sri Chand 1,00,000
(ii) As per section 49(2AA), where capital gain arises from transfer of sweat equity shares,
the cost of acquisition of such shares shall be the fair market value which has been taken
into account for perquisite valuation under section 17(2)(vi).
Therefore, in case of subsequent sale of sweat equity shares by Sri Chand, the cost of
acquisition would be ` 3,00,000.
Question 20
Mr. Shah an Accounts Manager has retired from JK Ltd. on 15.1.2017, after rendering services
for 30 years 7 months. His salary is ` 25,000/- p.m. upto 30.09.2016 and ` 27,000/-
thereafter. He also gets ` 2,000/- p.m. as dearness allowance (55% of it is a part of salary for
computing retirement benefits). He is not covered by the Payment of Gratuity Act, 1972. He
has received ` 8 Lacs as gratuity from the employer company. Compute the gratuity taxable in
the hands of Mr. Shah.
Answer
Computation of gratuity taxable in the hands of Mr. Shah for the P.Y. 2016-17
As per section 10(10)(iii), gratuity received by an employee would be exempt upto the least of
the following limits –

4.44 Income Tax
S.No. Particulars `
(i) Gratuity received 8,00,000
(ii) Half-month’s salary for every year of completed service (See Note below) 4,00,500
(iii) Monetary limit 10,00,000
Therefore, ` 4,00,500 would be exempt under section 10(10)(iii). The balance ` 3,99,500
(i.e.` 8,00,000 – ` 4,00,500) would be taxable.
Note: One of the limits for calculation of gratuity exempt under section 10(10)(iii) is one-half-
month’s salary for each year of completed service (fraction of a year to be ignored), {{on the
basis of average salary for the ten months immediately preceding the month of retirement. In
this case, the month of retirement is January, 2017. Therefore, average salary for the months
of March 2016 to December 2016 has to be considered. The salary is ` 25,000 p.m. upto
30.9.2016 and ` 27,000 p.m. from 1.10.2016. Hence, average salary would be ` 26,700
{[(` 25,000 × 7) + (` 27,000 × 3) + (2000× 55%×10)]/10}.
Further, half-month’s salary should be multiplied by the number of years of completed service
and any fraction of a year has to be ignored. Therefore, in this case, half-month’s salary
should be multiplied by 30 and the fraction of 7 months should be ignored.
Computation of average salary `

Basic salary March 2016 to December 2016 (25,000×7+27,000×3) 2,56,000
Dearness allowance (2,000 × 10 × 55%) 11,000
2,67,000
Average salary = 2,67,000/10 = ` 26,700
Half-month’s salary for every year of completed service (fraction is to be 4,00,500
ignored) [30 × 26,700/2]
Question 21
Mr. Alok, a Government employee, retired from service on 31-7-2016 after rendering service
of 25 years and 7 months. He received gratuity of ` 7,00,000. His salary at the time of
retirement was as under:
Basic salary ` 16,000 p.m.; Dearness Allowance ` 8,000 p.m. (eligible for retirement benefits)
(i) Compute the taxable portion of gratuity.
(ii) If Mr. Alok is not a Government employee but covered by Payment of Gratuity Act, 1972
determine the taxable and exempt portion of gratuity.
Answer
(a) (i) As per section 10(10), gratuity received by a Government employee on retirement is
fully exempt from tax. Since Mr. Alok is a government employee, gratuity amounting to
` 7,00,000 received would be fully exempt. The taxable portion of gratuity shall be Nil.

(ii) If Mr. Alok is not a Government employee but covered by the Payment of Gratuity
Act, 1972, then, gratuity received by him would be exempt upto least of the
following :
Particulars `
(ii) Actual gratuity received 7,00,000
(iii) 15/26 x last drawn salary x years of service (including part of
the year in excess of 6 months) 15/26 x ` 24,000 x 26 years 3,60,000
Therefore, ` 3,60,000 is exempt under section 10(10).
Therefore, taxable portion of gratuity = ` 7,00,000 – ` 3,60,000 = ` 3,40,000
Note: Salary, for the purpose of computation of exempt gratuity, means basic salary
plus dearness allowance i.e. ` 24,000 (` 16,000 + ` 8,000).
Question 22
Distinguish between foregoing of salary and surrender of salary.
Answer
Foregoing of salary – Waiver by an employee of his salary is foregoing of salary. Once
salary accrues, subsequent waiver does not absolve him from liability to income-tax.
Surrender of salary – If any employee surrenders his salary to the Central Government under
the Voluntary Surrender of Salaries (Exemption from Taxation) Act, 1961, the surrendered
salary would not be included in computing his taxable income, whether he is a private
sector/public sector or Government employee.
Question 23
How is advance salary taxed in the hands of an employee? Is the tax treatment same for loan
or advance against salary?
Answer
Advance Salary: Advance salary is taxable when it is received by the employee, irrespective
of the fact whether it is due or not.
It may so happen that when advance salary is included and charged in a particular previous
year, the rate of tax at which the employee is assessed may be higher than the normal rate of
tax to which he would have been assessed. Section 89(1) provides for relief in these types of
cases.
Loan or Advance against salary: Loan is different from salary. When an employee takes a
loan from his employer, which is repayable in certain specified installments, the loan amount
cannot be brought to tax as salary of the employee.

4.46 Income Tax
Similarly, advance against salary is different from advance salary. It is an advance taken by
the employee from his employer. This advance is generally adjusted against his salary over a
specified time period. It cannot be taxed as salary.
Question 24
Mr. Ashok, an employee of a PSU, furnishes the following particulars for the previous year
ending 31.03.2017:
Particulars `
(i) Salary income for the year 7,25,000
(ii) Salary for financial year 2009-10 received during the year 80,000
(iii) Assessed income for the financial year 2009-10 2,40,000
You are requested by the assessee to compute relief under section 89 of the Income-tax Act,
1961 and the tax payable for assessment year 2017-18.
The rates of income tax for the assessment year 2010-11 are:
Tax rate (%)
On first ` 1,60,000 Nil
On ` 1,60,000 – ` 3,00,000 10
On ` 3,00,000 – ` 5,00,000 20
Above ` 5,00,000 30
Education cess 3
Answer
Computation of relief under section 89 of Mr. Ashok for the A.Y. 2017-18
Particulars ` `
Assessment year 2017-18
Salary Income for the year excluding arrears 7,25,000
Add: Arrears relating to Financial Year 2009-10 80,000
Total Income (including arrears) 8,05,000
Tax on ` 8,05,000
First ` 2,50,000 Nil Nil
Next ` 2,50,000 10% 25,000
Balance ` 3,05,000 20% 61,000
` 8,05,000 86,000


Secondary and higher education cess @1% 860
Tax on total income (including arrears) (A) 88,580
Total Income excluding arrears 7,25,000
Tax on ` 7,25,000
First ` 2,50,000 Nil Nil
Next ` 2,50,000 10% 25,000
Balance ` 2,25,000 20% 45,000
` 7,25,000 70,000
Add : Education cess @ 2% 1,400
Secondary and higher education cess @ 1% 700
Tax on total income (excluding arrears) (B) 72,100
Difference between A & B (I) 16,480
Assessment Year 2010-11
Total Income assessed 2,40,000
Add: Arrears relating to Financial year 2009-10 80,000
Total income (including arrears) 3,20,000
Tax on ` 3,20,000 18,000
Add: Education Cess @ 2% 360
Tax on total income (including arrears) (C) 18,540
Total Income excluding arrears 2,40,000
Tax on ` 2,40,000 8,000
Tax on total income (excluding arrears) (D) 8,240
Difference between C & D (II) 10,300
Relief under section 89 (I – II) 6,180

Note: It has been assumed that salary income of ` 7,25,000 for the year, as given in the
question, does not include salary of ` 80,000 for the F.Y. 2009-10 received during the year.

4.48 Income Tax
Exercise
1. Where there is a decision to increase the D.A. in March, 2017 with retrospective effect from
1.4.2016, and the increased D.A. is received in April, 2017, the increase is taxable -
(a) in the previous year 2016-17
(b) in the previous year 2017-18
(c) in the respective years to which they relate.
2. The entertainment allowance received by a Government employee is exempt up to the lower of
the actual entertainment allowance received, 1/5th of basic salary and -
(a). ` 4,000
(b). ` 6,000
(c). ` 5,000.
3. Rajesh is provided with a rent free unfurnished accommodation, which is owned by his employer,
XY Pvt. Ltd., in New Delhi. The value of perquisite in the hands of Rajesh is -
(a). 20% of salary
(b). 15% of salary
(c). 10% of salary
4. Anirudh is provided with furniture to the value of ` 70,000 along with house from February, 2016.
The actual hire charges paid by his employer for hire of furniture is ` 5,000 p.a.. The value of
furniture to be included along with value of unfurnished house for A.Y.2017-18 is-
(a) ` 5,000
(b) ` 7,000
(c) ` 14,000
5. Employer’s contribution to superannuation fund during the previous year 2016-17 is -
(a) subject to fringe benefits in the hands of the employer
(b) fully taxable as perquisite in the hands of the employee
(c) taxable as perquisite in the hands of the employee if it exceeds ` 1.50 lakh.
(a) Profits in lieu of salary
(b) Specified employees
7. Is retrenchment compensation received by workmen taxable under the Act? If yes, to what extent
is it taxable?
8. When is provision of medical facilities or assistance by an employer not treated as a perquisite in
the hands of the employee? Discuss.
9. Can an assessee claim relief under section 89 in respect of VRS compensation of ` 6 lakh
received by him from his employer, if he has claimed exemption of ` 5 lakh in respect of the same
under section 10(10C)? Discuss.
10. Explain the term “Profit in lieu of salary”.
Answers
1. a; 2. c; 3. b; 4. a; 5. c

4 Unit 2 : Income From House
Property
Key Points
Section 22 [Basis of Charge]
(i) Determination of annual value of the property is the first step in computation of
income under the head “Income from house property”.
(ii) The annual value of any property comprising of building or land appurtenant
thereto, of which the assessee is the owner, is chargeable to tax under the head
“Income from house property”.
(i) Property should consist of any building or land appurtenant thereto
(a) Buildings include residential buildings as well as factory buildings,
offices etc.
(b) Land appurtenant means land connected with the building.
(c) Income from letting out of vacant land is, however, taxable under the
head “Income from other sources
(ii) Assessee must be the owner of the property
(a) Owner is the person who is entitled to receive income from the
property in his own right.
(b) The requirement of registration of the sale deed is not warranted.
(c) Ownership includes both free-hold and lease-hold rights.
(d) Ownership includes deemed ownership
(e) The person who owns the building need not also be the owner of the
land upon which it stands.
(f) The assessee must be the owner of the house property during the
previous year. It is not material whether he is the owner in the
assessment year.
(iii) The property may be used for any purpose, but it should not be used by the
owner for the purpose of any business or profession carried on by him, the
profit of which is chargeable to tax.

4.50 Income-tax
(iv) Property held as stock-in-trade etc. Annual value of house property will be
charged under the head “Income from house property” in the following
cases also –
(a) Where it is held by the assessee as stock-in-trade of a business;
(b) Where the assessee is engaged in the business of letting out of property
on rent;
Exceptions:
(1) If letting out is supplementary to the main business, the income
will be assessed as business income.
(2) If letting out of building along with other facilities, like
machinery and the two lettings are inseparable, the income will
either be assessed as business income or as income from other
sources, as the case may be.
Section 23(1) [Determination of Gross Annual Value(GAV) of Let-out Property]
Step 1: Compare fair rent with municipal value
whichever is higher
Compare step 1 value with standard

Step 2: rent
whichever is lower is the Expected Rent
Compare the Expected rent determined

Step 3
above with actual rent
Actual rent > Actual rent <

Expected Rent Expected Rent
Actual rent < Actual rent <

Expected Rent Expected Rent
because ofvacancy because of any
other reason
Actual rent is
GAV
Expected Rent is
GAV

Income from House Property 4.51
Computation of “Income from house property” in case of property let out

throughout the previous year
Particulars Amount
Gross Annual Value (GAV) [Calculated as per the chart given A
above]
Less: Municipal taxes (paid by the owner during the previous B
year)
Net Annual Value (NAV) = (A-B) C
Less: Deductions under section 24
(a) 30% of NAV (irrespective of the actual D
expenditure incurred)
(b) Interest on borrowed capital (actual without E
any ceiling limit) (See conditions given below)
Income from house property (C-D-E) F
Allowability of interest on borrowed capital under section 24(b)
(a) Interest payable on loans borrowed can be claimed as deduction.
(b) Interest payable on a fresh loan taken to repay the original loan is also admissible
as deduction.
(c) Interest payable on borrowed capital for the period prior to the previous year in
which the property has been acquired or constructed, can be claimed as
deduction over a period of 5 years in equal annual installments commencing
from the year of acquisition or completion of construction.
(d) Interest related to year of completion of construction can be fully claimed
irrespective of completion date.
Computation of income from self-occupied property or property unoccupied due
to employment, business in another place
Particulars Amount
Annual value under section 23(2) Nil
Interest on borrowed capital
Interest on loan taken for acquisition or construction of
house on or after 1.4.99 and same was completed within 5 X
years from the end of the financial year in which capital was
borrowed, interest paid or payable subject to a maximum of
` 2,00,000 (including apportioned pre-construction interest).

4.52 Income-tax
In case of loan for acquisition or construction taken prior to

1.4.99 or loan taken for repair, renovation or reconstruction
at any point of time, interest paid or payable subject to a
maximum of ` 30,000.
Income from house property (-)X
Other important points
(i) If the assessee has occupied more than one house for his own residential
purposes, only one house (according to his own choice) is treated as self-
occupied and all other houses will be “deemed to be let out”.
(ii) In case of a house property which is deemed to be let-out, the Expected Rent
would be the gross annual value. All deductions permissible to a let-out property
would be allowable in case of a “deemed to be let out” property.
(iii) If a portion of a property is let-out and a portion is self-occupied, then, the
income will be computed separately for let out and self occupied portion.
Taxability of recovery of unrealised rent & arrears of rent received [New Section 25A]
(i) Taxable in the year of receipt/realisation

(ii) Deduction@30% of rent received/realised
(iii) Taxable even if assessee is not the owner of the property in the financial year of
receipt/realisation.
Question 1
Mr. Vaibhav own five houses at Cochin, all of which are let out. Compute the gross annual
value of each house from the information given below: (` )
House-I House-II House-III House-IV House-V
Municipal value 1,20,000 2,40,000 1,10,000 90,000 75,000
Fair rent 1,50,000 2,40,000 1,14,000 84,000 80,000
Standard rent 1,08,000 N.A. 1,44,000 N.A. 78,000
Actual rent received / receivable 1,80,000 2,10,000 1,20,000 1,08,000 72,000
Answer
As per section 23(1) Gross Annual Value (GAV) is the higher of Expected rent and actual rent
received. Expected rent is higher of municipal value and fair rent but restricted to standard
rent.

Computation of GAV of each house owned by Mr. Vaibhav

(`)
Particulars House-I House-II House-III House- House-
IV V
(i) Municipal Value 1,20,000 2,40,000 1,10,000 90,000 75,000
(ii) Fair rent 1,50,000 2,40,000 1,14,000 84,000 80,000
(iii) Higher of (i) & (ii) 1,50,000 2,40,000 1,14,000 90,000 80,000
(iv) Standard rent 1,08,000 N.A. 1,44,000 N.A. 78,000
(v) Expected rent [Lower of 1,08,000 2,40,000 1,14,000 90,000 78,000
(iii) & (iv)]
(vi) Actual rent 1,80,000 2,10,000 1,20,000 1,08,000 72,000
received/receivable
GAV [Higher of (v) & (vi)] 1,80,000 2,40,000 1,20,000 1,08,000 78,000
Question 2
Two brothers Arun and Bimal are co-owners of a house property with equal share. The
property was constructed during the financial year 1998-1999. The property consists of eight
identical units and is situated at Cochin.
During the financial year 2016-17, each co-owner occupied one unit for residence and the
balance of six units were let out at a rent of ` 12,000 per month per unit. The municipal value
of the house property is ` 9,00,000 and the municipal taxes are 20% of municipal value, which
were paid during the year. The other expenses were as follows:
`
(i) Repairs 40,000
(ii) Insurance premium (paid) 15,000
(iii) Interest payable on loan taken for construction of house 3,00,000
One of the let out units remained vacant for four months during the year.
Arun could not occupy his unit for six months as he was transferred to Chennai. He does not
own any other house.
The other income of Mr. Arun and Mr. Bimal are ` 2,90,000 and ` 1,80,000, respectively, for
the financial year 2016-17.
Compute the income under the head ‘Income from House Property’ and the total income of
two brothers for the assessment year 2017-18.

4.54 Income-tax
Answer
Computation of total income for the A.Y. 2017-18
Particulars Arun (`) Bimal(`)
I. Self-occupied portion (25%)
Annual value Nil Nil
Less: Deduction under section 24(b)
Interest on loan taken for construction ` 37,500 (being 25%
of ` 1.5 lakh) restricted to maximum of ` 30,000 for each co-
owner since the property was constructed before 1.04.1999 30,000 30,000
Loss from self occupied property (30,000) (30,000)
II. Let-out portion (75%) – See Working Note below 1,25,850 1,25,850
Income from house property 95,850 95,850
Other Income 2,90,000 1,80,000
Total Income 3,85,850 2,75,850
Working Note – Computation of income from let-out portion of house property
Particulars ` `
Let-out portion (75%)
Gross Annual Value
(a) Municipal value (75% of ` 9 lakh) 6,75,000
(b) Actual rent [(` 12000 x 6 x 12) – (` 12,000 x 1 x 4)] 8,16,000
= ` 8,64,000 - ` 48,000
- whichever is higher 8,16,000
Less: Municipal taxes 75% of 1,80,000 (20% of ` 9 lakh) 1,35,000
(a) 30% of NAV 2,04,300
(b) Interest on loan taken for the house [75% of ` 3 lakh] 2,25,000 4,29,300
Income from let-out portion of house property 2,51,700
Share of each co-owner (50%) 1,25,850

Question 3
Mr. Raman is a co-owner of a house property along with his brother holding equal share in the
property.
Particulars `
Municipal value of the property 1,60,000
Fair rent 1,50,000
Standard rent under the Rent Control Act 1,70,000
Rent received 15,000 p.m.
The loan for the construction of this property is jointly taken and the interest charged by the
bank is ` 25,000, out of which ` 21,000 has been paid. Interest on the unpaid interest is
` 450. To repay this loan, Raman and his brother have taken a fresh loan and interest
charged on this loan is ` 5,000.
The municipal taxes of ` 5,100 have been paid by the tenant.
Compute the income from this property chargeable in the hands of Mr. Raman for the A.Y.
2017-18.
Answer
Computation of income from house property of Shri Raman for A.Y. 2017-18
Particulars ` `
Gross Annual Value (See Note 1 below) 1,80,000
Less: Municipal taxes – paid by the tenant, hence not deductible Nil
(i) 30% of NAV 54,000
(ii) Interest on housing loan (See Note 2 below)
- Interest on loan taken from bank 25,000
- Interest on fresh loan to repay old loan for this property 5,000 84,000
50% share taxable in the hands of Shri Raman (See Note 3 below) 48,000
Notes:
1. Computation of Gross Annual Value (GAV)
GAV is the higher of Expected rent and actual rent received. Expected rent is the higher
of municipal value and fair rent, but restricted to standard rent.

4.56 Income-tax
Particulars ` ` ` `
(a) Municipal value of property 1,60,000
(b) Fair rent 1,50,000
(c) Higher of (a) and (b) 1,60,000
(d) Standard rent 1,70,000
(e) Expected rent [lower of (c) and (d)] 1,60,000
(f) Actual rent [15,000 x 12] 1,80,000
(g) Gross Annual Value [higher of (e) and (f)] 1,80,000
2. Interest on housing loan is allowable as a deduction under section 24 on accrual basis.
Further, interest on fresh loan taken to repay old loan is also allowable as deduction.
However, interest on unpaid interest is not allowable as deduction under section 24.
3. Section 26 provides that where a house property is owned by two or more persons whose
shares are definite and ascertainable, the share of each such person in the income of
house property, as computed in accordance with sections 22 to 25, shall be included in his
respective total income. Therefore, 50% of the total income from the house property is
taxable in the hands of Mr. Raman since he is an equal owner of the property.
Question 4
Mr. Krishna owns a residential house in Delhi. The house is having two identical units. First
unit of the house is self-occupied by Mr. Krishna and another unit is rented for
` 12,000 p.m. The rented unit was vacant for three months during the year. The particulars of
the house for the previous year 2016-17 are as under:
Standard Rent ` 2,20,000 p.a.
Municipal Valuation ` 2,44,000 p.a.
Fair Rent ` 2,35,000 p.a.
Municipal tax paid by Mr. Krishna 12% of the Municipal Valuation
Light and water charges ` 800 p.m.
Interest on borrowed capital ` 2,000 p.m.
Insurance charges ` 3,500 p.a.
Painting expenses ` 16,000 p.a.
Compute income from house property of Mr. Krishna for the A.Y.2017-18.

Answer
Computation of Income from house property of Mr. Krishna for A.Y. 2017-18
Particulars ` `
(A) Rented unit (50% of total area)
Step I - Computation of Expected Rent
Municipal valuation (` 2,44,000 x ½) 1,22,000
Fair rent (` 2,35,000 x ½) 1,17,500
Standard rent (` 2,20,000 x ½) 1,10,000
Expected Rent is higher of municipal valuation and fair 1,10,000
rent, but restricted to standard rent
Step II - Actual Rent
Rent receivable for the whole year (` 12,000 x 12) 1,44,000
Step III – Computation of Gross Annual Value
Actual rent received owing to vacancy (` 1,44,000 – 1,08,000
` 36,000)
Since, owing to vacancy, the actual rent received is lower
than the Expected Rent, the actual rent received is the
Gross Annual value
Gross Annual Value (GAV) 1,08,000
Less: Municipal taxes (12% of ` 1,22,000) 14,640
Net Annual Value (NAV) 93,360
Less : Deductions under section 24
(a) 30% of NAV 28,008
(b) Interest on borrowed capital (` 1,000 x 12) 12,000 40,008
Taxable income from let out portion 53,352
(B) Self occupied unit (50% of total area)
Annual value Nil
Less : Deduction under section 24:
Interest on borrowed capital (` 1,000 x 12) 12,000 (12,000)
Income from house property _41,352
Note: No deduction will be allowed separately for light and water charges, insurance
charges and painting expenses.

4.58 Income-tax
Question 5
Mrs. Rohini Ravi, a citizen of the U.S.A., is a resident and ordinarily resident in India during the financial
year 2016-17. She owns a house property at Los Angeles, U.S.A., which is used as her residence. The
annual value of the house is $20,000. The value of one USD ($) may be taken as ` 60.
She took ownership and possession of a flat in Chennai on 1.7.2016, which is used for self-
occupation, while she is in India. The flat was used by her for 7 months only during the year
ended 31.3.2017. The municipal valuation is ` 32,000 p.m. and the fair rent is ` 4,20,000 p.a.
She paid the following to Corporation of Chennai :
Property Tax ` 16,200
Sewerage Tax ` 1,800
She had taken a loan from Standard Chartered Bank for purchasing this flat. Interest on loan
was as under:
`
Period prior to 1.4.2016 49,200
1.4.2016 to 30.6.2016 50,800
1.7.2016 to 31.3.2017 1,31,300
She had a house property in Bangalore, which was sold in March, 2014. In respect of this
house, she received arrears of rent of ` 60,000 in March, 2017. This amount has not been
charged to tax earlier.
Compute the income chargeable from house property of Mrs. Rohini Ravi for the assessment
year 2017-18, exercising the most beneficial option available.
Answer
Since the assessee is a resident and ordinarily resident in India, her global income would form part of
her total income i.e., income earned in India as well as outside India will form part of her total income.
She possesses a self-occupied house at Los Angeles as well as at Chennai. At her option,
one house shall be treated as self-occupied, whose annual value will be nil. The other self-
occupied house property will be treated as "deemed let out property”.
The annual value of the Los Angeles house is ` 12,00,000 and the Chennai flat is ` 3,15,000.
Since the annual value of Los Angeles house is obviously more, it will be beneficial for her to
opt for choosing the same as self-occupied. The Chennai house will, therefore, be treated as
"deemed let out property".
As regards the Bangalore house, arrears of rent will be chargeable to tax as income from
house property in the year of receipt under section 25A. It is not essential that the assessee
should continue to be the owner. 30% of the arrears of rent shall be allowed as deduction.

Accordingly, the income from house property of Mrs. Rohini Ravi will be calculated as under:
Particulars ` `
1. Self-occupied house at Los Angeles
Annual value Nil
Less: Deduction under section 24 Nil
Chargeable income from this house property Nil
2. Deemed let out house property at Chennai
Annual value (Higher of municipal value and fair rent) 3,15,000
[4,20,000 x 9/12]
Less: Municipal Taxes (Property tax + Sewerage tax) 18,000
30% of NAV 89,100
Interest on borrowed capital (See Note below) 1,91,940 2,81,040
15,960
3. Arrears in respect of Bangalore property(Section 25A)
Arrears of rent received 60,000
Less: Deduction @ 30%u/s 25A(2) 18,000 42,000
Income chargeable under the head"Income from house
property” 57,960
Note : Interest on borrowed capital `

Interest for the current year (` 50,800 + ` 1,31,300) 1,82,100
Add: 1/5th of pre-construction interest (` 49,200 x 1/5) 9,840
Interest deduction allowable under section 24 1,91,940
Question 6
Mr. A and Mr. B constructed their houses on a piece of land purchased by them at New Delhi.
The built up area of each house was 1,000 sq.ft. ground floor and an equal area in the first
floor. A started construction on 1-04-2015 and completed on 1-04-2016. B started the
construction on 1-04-2015 and completed the construction on 30-06-2016. A occupied the
entire house on 01-04-2016. B occupied the ground floor on 01-07-2016 and let out the first
floor for a rent of ` 15,000 per month. However, the tenant vacated the house on 31-12-2016
and B occupied the entire house during the period 01-01-2017 to 31-03-2017.
Following are the other information

4.60 Income-tax
(i) Fair rental value of each unit ` 1,00,000 per annum

(ground floor /first floor)
(ii) Municipal value of each unit ` 72,000 per annum
(ground floor / first floor)
(iii) Municipal taxes paid by A – ` 8,000
B – ` 8,000
(iv) Repair and maintenance charges paid by A – ` 28,000
B – ` 30,000
A has availed a housing loan of ` 20 lakhs @ 12% p.a. on 01-04-2015. B has availed a
housing loan of ` 12 lakhs @ 10% p.a. on 01-07-2015. No repayment was made by either of
them till 31-03-2017. Compute income from house property for A and B for the previous year
2016-17 (A.Y. 2017-18).
Answer
Computation of income from house property of Mr. A for A.Y. 2017-18
Particulars ` `
Annual value is nil (since house is self occupied) Nil
Less : Deduction under section 24(b)
Interest paid on borrowed capital ` 20,00,000 @ 12% 2,40,000
Pre-construction interest ` 2,40,000 / 5 48,000
2,88,000
As per second proviso to section 24(b), interest deduction restricted to 2,00,000
Loss under the head “Income from house property” of Mr. A (2,00,000)
Computation of income from house property of Mr. B for A.Y. 2017-18
Particulars Ground floor First floor
(Self occupied)
Gross annual value (See Note below) Nil 90,000
Less :Municipal taxes (for first floor) 4,000
Net annual value(A) Nil 86,000
Less : Deduction under section 24
(a) 30% of net annual value 25,800
(b) interest on borrowed capital
Current year interest
` 12,00,000 x 10% = ` 1,20,000 60,000 60,000
Pre-construction interest

` 12,00,000 x 10% x 9/12 = ` 90,000

` 90,000 allowed in 5 equal installments
` 90000 / 5 = ` 18,000 per annum 9,000 9,000
Total deduction under section 24(B) 69,000 94,800
Income from house property (A)-(B) (69,000) (8,800)
Loss under the head “Income from house property” of Mr.B (77,800)
(both ground floor and first floor)
Note :Computation of Gross Annual Value (GAV) of first floor of B’s house
If a single unit of property (in this case the first floor of B’s house) is let out for some months
and self-occupied for the other months, then the Expected Rent of the property shall be taken
into account for determining the annual value. The Expected Rent shall be compared with the
actual rent and whichever is higher shall be adopted as the annual value. In this case, the
actual rent shall be the rent for the period for which the property was let out during the
previous year.
The Expected Rent is the higher of fair rent and municipal value. This should be considered
for 9 months since the construction of property was completed only on 30.6.2016.
Expected rent = ` 75,000 being higher of -
Fair rent = 1,00,000 x 9 /12 = ` 75,000
Municipal value = 72,000 x 9/12 = ` 54,000
Actual rent = ` 90,000 (` 15,000 p.m. for 6 months from July to December, 2016)
Gross Annual Value = ` 90,000 (being higher of Expected Rent of ` 75,000 and actual rent of
` 90,000)
Question 7
Mr. Vikas owns a house property whose Municipal Value, Fair Rent and Standard Rent are
` 96,000, ` 1,26,000 and `1,08,000 (per annum), respectively.
During the Financial Year 2016-17, one-third of the portion of the house was let out for
residential purpose at a monthly rent of ` 5,000. The remaining two-third portion was self-
occupied by him. Municipal tax @ 11 % of municipal value was paid during the year.
The construction of the house began in June, 2009 and was completed on 31-5-2012.
Vikas took a loan of ` 1,00,000on 1-7-2009 for the construction of building.
He paid interest on loan @ 12% per annum and every month such interest was paid.
Compute income from house property of Mr. Vikas for the Assessment Year 2017-18.

4.62 Income-tax
Answer
Computation of income from house property of Mr. Vikas for the A.Y. 2017-18
Particulars ` `
I. Self-occupied portion (Two third)
Net Annual value Nil
Interest on loan (See Note below) (` 18,600 x 2/3) 12,400
Loss from self occupied property (12,400)
II. Let-out portion (One third)
Gross Annual Value
(a) Actual rent received (` 5,000 x 12) ` 60,000
(b) Expected rent ` 36,000
[higher of municipal valuation (i.e., ` 96,000)
and fair rent (i.e.,` 1,26,000) but
restricted to standard rent(i.e., `
1,08,000)] = ` 1,08,000 x 1/3
Higher of (a) or (b) 60,000
Less: Municipal taxes (` 96,000 x 11% x 1/3) 3,520
Net Annual Value 56,480

(a) 30% of NAV 16,944
(b) Interest on loan (See Note below) (` 18,600 x 1/3) 6,200 33,336
Note: Interest on loan taken for construction of building
Interest for the year (1.4.2016 to 31.3.2017) = 12% of ` 1,00,000 = ` 12,000
Pre-construction period interest = 12% of ` 1,00,000 for 33 months (from 1.07.2009 to 31.3.2012)
= ` 33,000
Pre-construction period interest to be allowed in 5 equal annual installments of ` 6,600 from
the year of completion of construction i.e. from F.Y. 2012-13 till F.Y. 2016-17.
Therefore, total interest deduction under section 24 = ` 12,000 + ` 6,600 = ` 18,600.

Question 8
Mr. X owns one residential house in Mumbai. The house is having two identical units. First unit
of the house is self occupied by Mr. X and another unit is rented for ` 8,000 p.m. The rented
unit was vacant for 2 months during the year. The particulars of the house for the previous
year 2016-17 are as under:
Standard rent ` 1,62,000 p.a.
Municipal valuation ` 1,90,000 p.a.
Fair rent ` 1,85,000 p. a
Municipal tax (Paid by Mr. X) 15% of municipal valuation
Light and water charges ` 500 p.m.
Interest on borrowed capital ` 1,500 p.m.
Lease money ` 1,200 p.a.
Insurance charges ` 3,000 p.a.
Repairs 12,000 p.a.
`
Compute income from house property of Mr. X for the A.Y. 2017-18.
Answer
Computation of Income from house property for A.Y. 2017-18
Particulars ` `
(A) Rented unit (50% of total area – See Note 1 below)
Step I - Computation of Expected Rent
Municipal valuation (` 1,90,000 x ½) 95,000
Fair rent (` 1,85,000 x ½) 92,500
Standard rent (` 1,62,000 x ½) 81,000
Expected Rent is higher of municipal valuation and fair rent, 81,000
but restricted to standard rent
Step II - Actual Rent
Rent receivable for the whole year (` 8,000 x 12) 96,000
Step III – Computation of Gross Annual Value
Actual rent received owing to vacancy (` 96,000 – ` 16,000) 80,000
Since, owing to vacancy the actual rent received is lower than
the Expected Rent, the actual rent received is the Gross
Annual Value
Gross Annual Value 80,000
Less: Municipal taxes (15% of ` 95,000) 14,250

4.64 Income-tax
Net Annual value 65,750

Less : Deductions under section 24 -
(i) 30% of net annual value 19,725
(ii) Interest on borrowed capital (` 750 x 12) 9,000 28,725
Taxable income from let out portion 37,025
(B) Self occupied unit (50% of total area – See Note 1 below)
Annual value Nil
Less : Deduction under section 24 -
Interest on borrowed capital (` 750 x 12) 9,000 9,000
Note:No deduction will be allowed separately for light and water charges, lease money paid,
insurance charges and repairs.
Question 9
Mrs. Indu, a resident individual, owns a house in U.S.A. She receives rent @ $ 2,000 per
month. She paid municipal taxes of $ 1,500 during the financial year 2016-17. She also owns
a two storied house in Mumbai, ground floor is used for her residence and first floor is let out
at a monthly rent of ` 10,000. Standard rent for each floor is ` 11,000 per month and fair rent
is ` 10,000 per month. Municipal taxes paid for the house amounts to ` 7,500. Mrs. Indu had
constructed the house by taking a loan from a nationalised bank on 20.6.2010. She repaid the
loan of ` 54,000 including interest of ` 24,000. The value of one dollar is to be taken as ` 60.
Compute total income from house property of Mrs. Indu.
Answer
Computation of Income from House Property of Mrs. Indu for the A.Y.2017-18
Particulars ` `
House property in USA
GAV– Rent received {treated as fair rent} ($2,000 p.m. x ` 14,40,000
60per USD x 12 months)
Less : Municipal taxes paid ($1,500 x ` 60per USD) 90,000
30% of NAV 4,05,000 9,45,000
House property in Mumbai ( Let-out portion - First Floor)

Expected rent (lower of standard rent and fair rent)

Standard Rent (` 11,000 x 12)` 1,32,000
Fair rent (` 10,000 x 12 )` 1,20,000 1,20,000
Actual rent received (10,000 × 12) 1,20,000
Gross Annual Value (higher of Expected rent and actual 1,20,000
rent)
Less : Municipal taxes paid (50% of ` 7,500) 3,750
30% of NAV ` 34,875
Interest on housing loan (50% of ` 24,000) ` 12,000 46,875 69,375
Income from House property in Mumbai (Self-occupied
portion - Ground Floor)
Gross annual value Nil
Net Annual Value (NAV) Nil
30% of NAV Nil
Interest on housing loan (50% of ` 24,000) 12,000 (-) 12,000
Income from house property 10,02,375
Question 10
Nisha has two houses, both of which are self-occupied. The particulars of these are given
below:
(Value in `)
Particulars House - I House - II
Municipal Valuation per annum 1,20,000 1,15,000
Fair Rent per annum 1,50,000 1,75,000
Standard rent per annum 1,00,000 1,65,000
Date of completion 31-03-1999 31-03-2001
Municipal taxes payable during the year (paid for House II only) 12% 8%
Interest on money borrowed for repair of property during current - 55,000
year

4.66 Income-tax
Compute Nisha's income from house property for the Assessment Year 2017-18 and suggest
which house should be opted by Nisha to be assessed as self-occupied so that her tax liability
is minimum.
Answer
In this case, Nisha has more than one house property for self-occupation. As per section
23(4), Nisha can avail the benefit of self-occupation (i.e., benefit of “Nil” Annual Value) only in
respect of one of the house properties, at her option. The other house property would be
treated as “deemed let-out” property, in respect of which the Expected rent would be the gross
annual value. Nisha should, therefore, consider the most beneficial option while deciding
which house property should be treated by her as self-occupied.
OPTION 1 [House I – Self-occupied and House II – Deemed to be let out]
If House I is opted to be self-occupied, Nisha’s income from house property for A.Y.2017-18
would be –
Particulars Amount in `
House I (Self-occupied) [Annual value is Nil] Nil
House II (Deemed to be let-out) [See Working Note below] 54,060
OPTION 2 [House I – Deemed to be let out and House II – Self-occupied]
If House II is opted to be self-occupied, Nisha’s income from house property for A.Y.2017-18
would be –
Particulars Amount in `
House I (Deemed to be let-out) [See Working Note below] 70,000

House II (Self-occupied) [Annual value is Nil, but interest deduction would
be available, subject to a maximum of `30,000. In case of money
borrowed for repair of self-occupied property, the interest deduction (30,000)
would be restricted to `30,000, irrespective of the date of borrowal].
Since Option 2 is more beneficial, Nisha should opt to treat House - II as Self-
occupied and House I as Deemed to be let out, in which case, her income from
house property would be ` 40,000 for the A.Y. 2017-18.

Working Note:
Computation of income from House I and House II assuming that both are deemed to be
let out
Particulars Amount in Rupees
House I House II
Gross Annual Value (GAV)
Expected rentis the GAV of house property
Expected rent= Higher of Municipal Value and Fair Rent but 1,00,000 1,65,000
restricted to Standard Rent
Less: Municipal taxes (paid by the owner during the previous Nil 9,200
year)
Net Annual Value (NAV) 1,00,000 1,55,800
(a) 30% of NAV 30,000 46,740
(b) Interest on borrowed capital (allowed in full in
case of deemed let out property) - 55,000
Income from deemed to be let-out house property 70,000 54,060
Question 11
Mr. Raphael constructed a shopping complex. He had taken a loan of ` 25 lakhs for
construction of the said property on 01-08-2014 from SBI @ 10% for 5 years. The construction
was completed on 30-06-2015. Rental income received from shopping complex ` 30,000 per
month-let out for the whole year. Municipal taxes paid for shopping complex ` 8,000.
Arrears of rent received from shopping complex ` 1,20,000
Interest paid on loan taken from SBI for purchase of house for use as own residence for the
period 2016-2017, ` 3 lakhs.
You are required to compute income from house property of Mr. Raphael for AY 2017-2018 as per
Income-tax Act, 1961.
Answer
Computation of income from house property of Mr. Raphael for A.Y.2017-18
Particulars ` `
1. Shopping complex
Gross Annual Value [` 30,000 × 12] 1 3,60,000
1Rent received has been taken as the annual value in the absence of information relating to municipal value, fair rent
and standard rent.

4.68 Income-tax
Less: Municipal Taxes 8,000

30% of NAV 1,05,600
Interest on borrowed capital (See Working Note below) 2,83,333 3,88,933
(36,933)
Arrears of rent received taxable under section 25A 1,20,000
Less: Deduction@30% 36,000 84,000
47,067
2. Self-occupied residential house
Annual value (since the house property is self- Nil
occupied) 2
Interest on loan from SBI ` 3 lakhs, restricted to 2,00,000
Chargeable income from this house property (2,00,000)
Income chargeable under the head "Income from
house property” (1,52,933)
Working Note : Interest on borrowed capital (Shopping Complex) `

Interest for the current year (10% of ` 25 lakhs) 2,50,000
Add: 1/5th of pre-construction interest (interest for the period from
1.8.2014 to 31.3.2015 for 8 months (` 1,66,667 x 1/5) _33,333
Interest deduction allowable under section 24 2,83,333
Note:
(1) In case all the conditions specified in Section 80EE are satisfied, out of the
remaining interest of ` 1 lakh (` 3 lakh – ` 2 lakh) Mr. Raphael can claim
deduction of ` 50,000 towards interest paid for acquisition of self occupied
resident house.
(2) It has been assumed that loan of ` 25 lakhs has to be repaid after the five year
period. Hence, there has been no repayment upto 31.3.2017. Interest
computation has been made accordingly.
2 As per section 23(2)

Question 12
Explain the treatment of unrealized rent and its recovery in subsequent years under the
provisions of Income-tax Act, 1961.
Answer
Unrealised rent refers to the rent payable but not paid by the tenant and which the owner is
also not able to realize from the tenant. As per Explanation below section 23(1), the amount of
rent which the owner cannot realize shall not be included in the actual rent while determining
the annual value of the property, subject to fulfillment of following conditions prescribed under
Rule 4 of the Income-tax Rules, 1962:
(a) the tenancy must be bonafide;
(b) the defaulting tenant has vacated the property or steps have been taken to compel him to
vacate the property;
(c) the defaulting tenant does not occupy any other property of the assessee; and
(d) the assessee has taken all reasonable steps to institute legal proceedings for the
recovery of unpaid rent or satisfies the Assessing Officer that the legal proceedings
would be useless.
If the conditions mentioned above are satisfied, then, the actual rent should be reduced by the
unrealized rent and thereafter, compared with the Expected rent (being the higher of fair rent and
municipal value, but restricted to standard rent) for computing the gross annual value.
As per section 25A, the unrealised rent, when realised in any subsequent year, shall be
deemed to be the income chargeable under the head ‘Income from house property’ in the
previous year in which such rent is realised, whether or not the assessee is the owner of the
property in that previous year. A sum of 30% of the unrealized rent shall be allowed as
deduction.
Question 13
Explain briefly the applicability of section 22 for chargeability of income-tax for:
(i) House property situated in foreign country and
(ii) House property with disputed ownership.
Answer
Applicability of section 22 for chargeability of income-tax for –
(i) House property situated in foreign country
A resident assessee is taxable under section 22 in respect of annual value of a house
property situated in foreign country. A resident but not ordinarily resident or a non
resident is taxable in respect of income from such property if the income is received in
India during the previous year. Once incidence of tax is attracted under section 22, the
annual value will be computed as if the property is situated in India.

4.70 Income-tax
(ii) House property with disputed ownership

If the title of ownership of the house property is under dispute in a court of law, the
decision about who is the owner lies with the Income tax Department. The assessment
cannot be held up for such dispute. Generally, a person who receives the income or who
enjoys the possession of the house property as owner, though his claim is under dispute,
is assessable to tax under section 22.
Question 14
Ownership itself is the criteria for assessment under the head income from house property.
Discuss.
Answer
Section 27 enumerates certain cases, where the legal ownership may vest with one person
whereas the taxability is cast on another person who is deemed to be the owner.
In these specific cases, the charge of tax is on the deemed owner and not on the legal owner.
The exceptions are given below:
(i) In case of transfer of house property to spouse (not being a transfer in connection with
an agreement to live apart) or minor child (not being a married daughter) without
adequate consideration - transferor is the deemed owner.
(ii) Holder of an impartible estate – shall be deemed to be the individual owner of all the
properties comprised in the estate.
(iii) A member of a co-operative society/company/AOP to whom a building or part thereof is
allotted or leased under a house building scheme – shall be deemed to be the owner of
building or part thereof.
(iv) A person who is allowed to take or retain possession of any building or part thereof is the
deemed owner of such building or part thereof if such possession is obtained in part
performance of a contract of the nature referred to in section 53A of the Transfer of
Property Act, 1882.
(v) A person who acquires any rights (excluding any rights by way of a lease from month to
month or for a period not exceeding one year) in or with respect to any building or part
thereof, by virtue of any such transaction as is referred to in section 269UA(f).
Therefore, legal ownership itself is not the criteria for assessment of income under the head
“Income from house property”.
Also, the provisions of section 25A dealing with receipt of unrealised rent and arrears of rent
also fall in this category. The receipt is considered as income under the head ‘house property’
though the recipient may not have legal ownership of the property to which the receipt relates.
Question 15
Discuss the following issues relating to Income from house property:
(i) Income earned by residents from house properties situated in foreign countries.

(ii) Properties which are used for agricultural purposes.

Answer
(i) In case of resident individual, his global income is taxable in India. Therefore, income earned
by residents from house properties situated in foreign countries is taxable in India.
If the income from house properties situated outside India is chargeable to tax in India
the annual value of such property would be computed as if the property is situated in
India. Further, municipal taxes paid under the laws of that country can also be deducted
while arriving at the Annual Value of the property. The Madras High Court in CIT v.
Venugopala Reddiar [1965] 58 ITR 439 observed that while computing taxable income,
no distinction should be made between a house property situated in India and a house
property situated abroad.
(ii) If the property is used for agricultural purposes, the annual value of such property would
be treated as “Agricultural Income” as per section 2(1A)(c) and it is exempt under section
10(1) of the Act. However, if the house property is used for purpose other than
agriculture the annual value of such property cannot be treated as agricultural income.
Question 16
(1) X let out his property to Y. Y sublets it. How is sub-letting receipt to be assessed in the
hands of Y?
(2) Y has built a house on a leasehold land. He has let out the property and claims that the
income therefrom is chargeable under the head “Income from other sources”. He has
deducted expenses on repairs, security charges, insurance and collection charges in all
amounting to 40% of receipts. Is Mr. Y’s claim valid?
(3) Z uses his property for his own business. Would the annual value be subject to tax under
the head “Income from house property”?
Answer
(1) Sub-letting receipt in the hands of Y can be assessed as “Income from Other Sources” or
as “Profits and gains from business or profession” depending upon the facts and
circumstances of each case. It is not assessable as income from house property.
(2) No, Mr. Y’s claim is not valid. The income from letting out of house built on leasehold
land is assessable as “Income from house property” since ownership of land is not a pre-
requisite for assessment of income under this head. 30% of Net Annual Value is allowed
as deduction under section 24.
(3) Where the assessee uses his property for business, it is not assessable under the head “
Income from house property”. He is entitled to depreciation under section 32(1)(ii) on the
building.
Question 17
Discuss the tax liability in respect of arrears of rent and unrealized rent.

4.72 Income-tax
Answer
As per section 25A, where the assessee receives any amount by way of arrears of rent or
realizes unrealized rent in respect of any property consisting of buildings or land appurtenant
thereto of which he is the owner, the amount so received shall be chargeable to tax under the
head “Income from House Property”. It shall be charged to tax as the income of the previous
year in which such rent is received even if the assessee is no longer the owner of such
property. In computing the income chargeable to tax in respect of the arrears of rent and
unrealized rent so received, 30% shall be allowed as a deduction, irrespective of the actual
expenditure incurred.
Question 18
Mr. Kalpesh borrowed a sum of ` 30 lakhs from the National Housing Bank towards purchase
of a residential flat. The loan amount was disbursed directly to the flat promoter by the bank.
Though the construction was completed in May, 2017, repayments towards principal and
interest had been made during the year ended 31.3.2017.
In the light of the above facts, state:
(i) Whether Mr. Kalpesh can claim deduction under section 24 in respect of interest for the
assessment year 2017-18?
(ii) Whether deduction under Section 80C can be claimed for the above assessment year,
even though the construction was completed only after the closure of the year?
Answer
(i) Interest on borrowed capital is allowed as deduction under section 24(b)
As per section 24(b), Interest payable on loans borrowed for the purpose of acquisition,
construction, repairs, renewal or reconstruction of house property can be claimed as
deduction. Interest payable on borrowed capital for the period prior to the previous year
in which the property has been acquired or constructed, can be claimed as deduction
over a period of 5 years in equal annual installments commencing from the year of
acquisition or completion of construction.
It is stated that the construction is completed only in May, 2017. Hence, deduction in
respect of interest on housing loan cannot be claimed in the assessment year 2017-18.
(ii) Clause (xviii) of section 80C is attracted where there is any payment for the purpose of
purchase or construction of a residential house property, the income from which is
chargeable to tax under the head ‘Income from house property’. Such payment covers
repayment of any amount borrowed from the National Housing Bank.
However, deduction is prima facie eligible only if the income from such property is
chargeable to tax under the head “Income from House Property”. During the assessment
year 2017-18, there is no such income chargeable under this head. Hence, deduction
under section 80C cannot be claimed for A.Y. 2017-18.

Exercise
1. Ganesh is a member of a house building co-operative society. The society is the owner of the
flats constructed by it. One of the flats is allotted to Ganesh. The income from that flat will be
assessed in the hands of
(a) Co-operative Society
(b) Ganesh
(c) Neither of the above.
2. Vacant site lease rent is taxable as
(a). Income from house property
(b). Business income
(c) Income from other sources or business income, as the case may be
3. Treatment of unrealized rent for determining income from house property
(a) To be deducted from expected rent
(b) To be deducted from actual rent
(c) To be deducted under section 24 from annual value
4. Municipal taxes to be deducted from GAV should be
(a) Paid by the tenant during the previous year
(b) Paid by the owner during the previous year
(c) Accrued during the previous year
5. Deduction under section 24(a) is
(a) 1/3rd of NAV
(b) repairs actually incurred by the owner
(c) 30% of NAV
6. Interest on borrowed capital accrued up to the end of the previous year prior to the year of
completion of construction is allowed
(a) as a deduction in the year of completion of construction
(b) in 5 equal annual installments from the year of completion of construction
(c) In the respective year in which the interest accrues
7. The ceiling limit of deduction under section 24(b) in respect of interest on loan taken on 1.4.2016
for repairs of a self-occupied house is
(a) ` 30,000 p.a.
(b) ` 1,50,000 p.a.
(c) ` 2,00,000 p.a.
(d) No limit
8. Where an assessee has two house properties for self-occupation, the benefit of nil annual value
will be available in respect of -

4.74 Income-tax
(a) Both the properties

(b) The property which has been acquired/constructed first
(c) Any one of the properties, at the option of the assessee
9. Leena received ` 30,000 as arrears of rent during the P.Y. 2016-17. The amount taxable under
section 25A would be -
(a) 30,000
(b) 21,000
(c) 20,000
10. Vidya received ` 90,000 in May, 2016 towards recovery of unrealised rent, which was deducted
from actual rent during the P.Y. 2015-16 for determining annual value. The amount taxable under
section 25A for A.Y.2017-18 would be -
(a) 90,000
(b) 63,000
(c) 60,000
11. Ganesh and Rajesh are co-owners of a self-occupied property. They own 50% share each. The
interest paid by each co-owner during the previous year on loan (taken for acquisition of property
during the year 2004) is ` 2,05,000. The amount of allowable deduction in respect of each co-
owner is –
(a) 2,05,000
(b) 1,02,500
(c) 2,00,000
(d) 1,00,000
12. An assessee, who was deriving income from house property, realised a sum of ` 52,000 on
account of display of advertisement hoardings of various concerns on the roof of the building. He
claims that this amount should be considered under the head “Income from house property” and
not “Income from other sources”. How do you deal with the following issue under the provisions
of the Income-tax Act, 1961?
13. Ram owned a house property at Chennai which was occupied by him for the purpose of his
residence. He was transferred to Mumbai in June, 2016 and therefore, he let out the property
w.e.f. 1.7.2016 on a monthly rent of ` 8,000. The corporation tax payable in respect of the
property was ` 2,000 of which 50% was paid by him before 31.3.2017. Interest on money
borrowed for the construction of the property amounted to ` 12,000. Compute the income from
house property for the A.Y.2017-18.
14. What do you understand by “Composite Rent”? What is the tax treatment of Composite Rent
under the Income-tax Act, 1961?
Answers
1. b; 2. c; 3. b; 4. b; 5. c; 6. b; 7. a; 8. c; 9. b; 10.b; 11. c, 13.` 37,700

4 Unit 3 : Profits and Gains of
Business or Profession
Key Points
Method of Accounting [Section 145]
Income chargeable under this head shall be computed in accordance with the method
of accounting regularly and consistently employed by the assessee either cash or
mercantile basis.
Income chargeable under this head [Section 28]
(i) The profits and gains of any business or profession carried on by the assessee at
any time during the previous year.
(ii) Any compensation or other payment due to or received by a person, at or in
connection with -
(a) Termination of his management or modification of the terms and
conditions relating thereto, in case the person is managing the whole or
substantially the whole of the affairs of an Indian company.
(b) Termination of his office or modification of the terms and conditions
relating thereto, in case the person is managing the whole or substantially
the whole of the affairs in India of any other company.
(c) Termination of agency or modification of the terms and conditions relating
thereto, in case the person is holding an agency in India for any part of the
activities relating to the business of any other person.
(d) Vesting in the Government or in any corporation owned and controlled by
the Government, under any law for the time being in force, of the
management of any property or business.
(iii) Income derived by a trade, professional or similar association from specific
services performed for its members.
(iv) In the case of an assessee carrying on export business, the following incentives –
(a) Profit on sale of import entitlements;
(b) Cash assistance against exports under any scheme of GoI;
(c) Customs duty or excise re-paid or repayable as drawback;

4.76 Income-tax
(d) Profit on transfer of Duty Free Replenishment Certificate.

(v) Value of any benefit or perquisite, whether convertible into money or not,
arising from business or the exercise of profession.
(vi) Any interest, salary, bonus, commission or remuneration due to, or received by,
a partner of a firm from such firm (to the extent allowed as deduction in the
hands of the firm).
(vii) Any sum, received or receivable, in cash or kind under an agreement for –
(a) not carrying out any activity in relation to any business or profession; or
(b) not sharing any know-how, patent, copyright, trademark, licence, franchise
or any other business of commercial right of similar nature or information
or technique likely to assist in the manufacture or processing of goods or
provision of services.
(viii) Any sum received under a Keyman insurance policy including the sum allocated
by way of bonus on such policy.
(ix) Any sum, whether received or receivable, in cash or kind, on account of any
capital asset (other than land or goodwill or financial instrument) being
demolished, destroyed, discarded or transferred, in respect of which the whole
of the expenditure had been allowed as deduction under section 35AD.
Computation of income under the head “Profits and gains of business or
profession”
The income referred to in section 28 has to be computed in accordance with the
provisions contained in sections 30 to 43D.
Admissible Deductions
Section Deduction
30 Amount paid on account of rent, rates, taxes, repairs (not including
expenditure in the nature of capital expenditure) and insurance for buildings
used for the purpose of business or profession.
In case the premises are occupied by the assessee as a tenant, the amount of
repairs would be allowed as deduction only if he has undertaken to bear the
cost of repairs to the premises.
31 Amount paid on account for current repairs and insurance of machinery,
plant and furniture used for the purpose of business or profession.
32 Depreciation
Depreciation is mandatorily allowable as deduction.

Profits and Gains of Business or Profession 4.77
Conditions for claiming depreciation

• Asset must be used for the purpose of business or profession at any
time during the previous year.
Note: If the asset is acquired during the previous year and is put to use
for less than 180 days during that previous year then, only 50% of the
depreciation calculated at the rates prescribed will be allowed.
• The asset should be owned (wholly or partly) by the assessee.
• The depreciation shall be allowed on the written down value of block
of assets at the prescribed rates (except in the case of assets of
power generating units, in respect of which depreciation has to be
calculated as a percentage of actual cost).
As per section 2(11), block of assets means a group of assets falling
within a class of assets comprising:
(a) buildings, machinery, plant or furniture being tangible assets,
(b) know-how, patents, copyrights, trade marks, licences, franchises
or any other business or commercial rights of similar nature being
intangible assets;
in respect of which, the same rate of depreciation is prescribed.
Written Down Value of Assets (W.D.V.) [Section 43(6)]
(1) W.D.V. of the block of assets on 1st April of the previous xxxx
year
(2) Add: Actual cost of assets acquired during the previous xxxx
year
(3) Total (1) + (2) xxxx
(4) Less: Money receivable in respect of any asset falling
within the block which is sold, discarded, demolished or xxxx
destroyed during that previous year
(5) W.D.V at the end of the year (on which depreciation is xxxx
allowable) [(3) – (4)]
(6) Depreciation at the prescribed rate
(Rate of Depreciation × WDV arrived at in (5) above) xxxx

4.78 Income-tax
Block of Assets Depreciation

(% of WDV)
Tangible Assets
Building
Mainly used for residential purposes except hotels and 5%
boarding houses
Buildings other than those mainly used for residential 10%
purposes
Purely temporary erections such as wooden structures 100%
Furniture and fittings (including electrical fittings) 10%
Plant and Machinery
General rate 15%
Motor cars, motor lorries and motor taxis used in the 30%
business of running them on hire
Motor cars other than those used in a business of running 15%
them on hire
Specified Air Control Pollution Equipments/Water Control 100%
Pollution Equipments
Computers including computer software 60%
Books owned by assessees carrying on profession, other than 60%
annual publications
Books, being annual publications, owned by assesses carrying 100%
on a profession
Books owned by assesses carrying on business in running 100%
lending libraries
Ships 20%
Intangible Assets
Know-how, patents, copyrights, trademarks, licences, 25%
franchises or any other business or commercial rights of
similar nature

32(1)(iia) Additional depreciation at the rate of 20% of actual cost of plant or

machinery acquired and installed after 31.03.2005 by an assessee engaged
in the business of manufacture or production of any article or thing or in
the business of generation, transmission or distribution of power, shall be
allowed.
If plant and machinery is acquired and put to use for the purpose of
business or profession for less than 180 days during the previous year in
which it is acquired, additional depreciation will get restricted to 50% of
the depreciation allowable. The balance 50% of additional depreciation
will be allowed in the immediately succeeding previous year.
However, additional depreciation will not be allowed on the following
plant or machinery:
• Ships, aircraft, road transport vehicles, office appliances;
• Machinery previously used by any other person;
• Machinery installed in any office premises, residential accommodation,
or guest house;
• Machinery in respect of which, the whole of the actual cost is fully
allowed as deduction (whether by way of depreciation or otherwise) of any
one previous year.
In order to encourage acquisition and installation of plant and machinery for
setting up of manufacturing units in the notified backward areas of the States
of Andhra Pradesh, Bihar, Telangana and West Bengal, a proviso has been
inserted to section 32(1)(iia) to allow higher additional depreciation at the rate
of 35% (instead of 20%) in respect of the actual cost of new machinery or
plant (other than a ship and aircraft) acquired and installed during the period
between 1st April, 2015 and 31st March, 2020 by a manufacturing undertaking
or enterprise which is set up in the notified backward areas of these specified
States on or after 1st April, 2015.
Such additional depreciation shall be restricted to 17.5% (i.e., 50% of 35%), if
the new plant and machinery acquired is put to use for the purpose of
business for less than 180 days in the year of acquisition and installation.
The balance 50% of additional depreciation (i.e., 50% of 35%) would,
however, be allowed in the immediately succeeding financial year.
32AC Manufacturing companies investing more than ` 25 crore in new plant
and machinery in any previous year during the period from 1.4.2014 to
31.3.2017 entitled to deduction@15% under section 32AC(1A).
Where the installation of the new plant and machinery is in a year other
than the year of acquisition, the deduction under section 32AC(1A) shall
be allowed in the year in which the new plant and machinery is installed,
provided the installation is on or before 31.3.2017

4.80 Income-tax
32AD (i) In order to encourage the setting up of industrial undertakings in the

backward areas of the States of Andhra Pradesh, Bihar, Telangana and
West Bengal, new section 32AD has been inserted to provide for a
deduction of an amount equal to 15% of the actual cost of new plant and
machinery acquired and installed in the assessment year relevant to the
previous year in which such plant and machinery is installed, if the
following conditions are satisfied by the assessee -
(a) The assessee sets up an undertaking or enterprise for manufacture
or production of any article or thing on or after 1st April, 2015 in
any backward area notified by the Central Government in the State
of Andhra Pradesh or Bihar or Telangana or West Bengal; and
(b) the assessee acquires and installs new plant and machinery for the
purposes of the said undertaking or enterprise during the period
between 1st April, 2015 and 31st March, 2020 in the said backward
areas.
(ii) Where the assessee is a company, deduction under section 32AD would
be available over and above the existing deduction available under
section 32AC, subject to the satisfaction of conditions thereunder.
Accordingly, if an undertaking is set up in the notified backward areas in
the States of Andhra Pradesh or Bihar or Telangana or West Bengal by a
company, it shall be eligible to claim deduction under section 32AC as
well as under section 32AD, if it fulfills the conditions specified in
section 32AC and the conditions specified under section 32AD.
35 Expenditure on Scientific Research
Expenditure incurred by assessee
• Any revenue and capital expenditure (other than cost of acquisition
of land) on scientific research for in house research related to its
business is allowable as deduction [Section 35(1)(i) & Section
35(1)(iv) read with section 35(2)].
• Deduction is also allowed in respect of any such expenditure incurred
during 3 years immediately preceding the year of commencement of
business. Such deduction is allowed in the year in which it has
commenced its business [Section 35(1)(i)/Section 35(2)].
• In case of companies engaged in the business of bio-technology or
manufacture or production of article or thing, deduction of 200% of
expenditure incurred on scientific research on in-house research and
development facility is allowed (other than expenditure on cost of
land or building) [Section 35(2AB)].

Contributions to Outsiders
Contributions made by any assessee to certain specified/ approved
institutions shall be entitled to weighted deduction as follows:
Deduction (as
Section Contribution made to a % of
contribution
made)
35(1)(ii) Research Association for scientific 175%
research
35(1)(iia) Company for scientific research 125%
35(1)(iii) Research association for research in 125%
social science or statistical research
35(2AA) National Laboratory / University 200%
/ IIT
35AD This section provides for investment-linked tax deduction in respect of
the following specified businesses -
• setting-up and operating ‘cold chain’ facilities for specified products;
• setting-up and operating warehousing facilities for storing agricultural
produce;
• laying and operating a cross-country natural gas or crude or petroleum oil
pipeline network for distribution, including storage facilities being an
integral part of such network;
• building and operating a hotel of two-star or above category, anywhere in
India;
• building and operating a hospital, anywhere in India, with at least 100 beds
for patients;
• developing and building a housing project under a scheme for slum
redevelopment or rehabilitation framed by the Central Government or a
State Government, as the case may be, and notified by the CBDT
in accordance with the prescribed guidelines;
• developing and building a housing project under a notified scheme for
affordable housing framed by the Central Government or State
Government;
• production of fertilizer in India;
• setting up and operating an inland container depot or a container freight
station notified or approved under the Customs Act, 1962;
• bee-keeping and production of honey and beeswax;
• setting up and operating a warehousing facility for storage of sugar;
• laying and operating a slurry pipeline for transportation of iron-ore; and

4.82 Income-tax
• setting up and operating a semiconductor wafer fabrication

manufacturing unit, if such unit is notified by the Board in
accordance with the prescribed guidelines.
100% of the capital expenditure incurred during the previous year, wholly
and exclusively for the above businesses would be allowed as deduction
from the business income. However, expenditure incurred on acquisition
of any land, goodwill or financial instrument would not be eligible for
deduction.
Further, the expenditure incurred, wholly and exclusively, for the purpose of
specified business prior to commencement of operation would be allowed as
deduction during the previous year in which the assessee commences operation
of his specified business, provided the amount incurred prior to
commencement has been capitalized in the books of account of the assessee on
the date of commencement of its operations.
In respect of the following specified businesses, weighted deduction
@150% of investment made is allowable, if the operations have been
commenced on or after 1st April, 2012:
1. setting up and operating a cold chain facility.
2. setting up and operating a warehouse facility for storage of
agricultural produce.
3. building and operating anywhere in India, a new hospital with at least
100 beds.
4. business of developing and building a housing project under a
scheme for affordable housing framed by the Central or State
Government and notified by CBDT.
5. business of production of fertilizer in India.
An assessee availing investment-linked tax deduction under section 35AD
in respect of any specified business in any assessment year, is not eligible
for claiming profit-linked deduction under Chapter VI-A or section 10AA
for the same or any other assessment year in respect of such specified
business.
Any asset in respect of which a deduction is claimed and allowed under
section 35AD shall be used only for the specified business, for a period of
eight years beginning with the previous year in which such asset is
acquired or constructed. If such asset is used for any purpose other than
the specified business, the total amount of deduction so claimed and
allowed in any previous year in respect of such asset, as reduced by the
depreciation allowable under section 32 as if no deduction had been
allowed under section 35AD, shall be deemed to be the business income
of the assessee of the previous year in which the asset is so used.

35CCC 150% of expenditure incurred by an assessee on notified agricultural

extension project in accordance with the prescribed guidelines.
35CCD 150% of expenditure (other than expenditure in nature of cost of any land
or building) incurred by a company on notified skill development project.
35D Preliminary expenditure incurred by Indian companies and other resident
non-corporate assessees shall be allowed as deduction over a period of 5
years beginning with the previous year in which business commences or in
which extension of the undertaking is completed.
Maximum aggregate amount of the qualifying expenses that can be
amortized is 5% of the cost of project. In case of an Indian company, 5%
of the cost of project or at its option, 5% of the capital employed by the
company, whichever is higher.
35DD One-fifth of the expenditure incurred by an Indian company wholly and
exclusively for the purpose of amalgamation or demerger, shall be allowed
as deduction for five successive previous years beginning with the
previous year in which the amalgamation or demerger has taken place.
35DDA One-fifth of the expenditure incurred by an assessee-employer in any
previous year in the form of payment to any employee in connection with
his voluntary retirement in accordance with a scheme of voluntary
retirement, shall be allowed as deduction in that previous year and the
balance in four equal installments in the immediately four succeeding
previous years.
36(1)(iii) Interest paid in respect of capital borrowed for the purposes of business
or profession.
However, any interest paid for acquisition of an asset (whether capitalized
in the books of account or not) for any period beginning from the date on
which the capital was borrowed for acquisition of the asset till the date on
which such asset was first put to use, shall not be allowed as deduction.
36(1)(iv) Any sum paid by the assessee as an employer by way of contribution
towards a recognized provident fund or approved superannuation fund,
subject to prescribed limits.
36(1)(iva) Any sum paid by the assessee as an employer by way of contribution
towards a pension scheme referred to in section 80CCD, to the extent of
10% of salary of any employee. Salary includes dearness allowance, if the
terms of employment so provide. Correspondingly, section 40A(9)
disallows the sum paid in excess of 10% of the salary of any employee.

4.84 Income-tax
36(1)(vii) Any bad debts written off as irrecoverable in the accounts of the assessee
for the previous year, provided the debt has been taken into account in
computing the income of the previous year or any earlier previous year.
Amount of debt taken into account in computing the income of the assessee
on the basis of notified ICDSs to be allowed as deduction in the previous
year in which such debt or part thereof becomes irrecoverable. If a debt,
which has not been recognized in the books of account as per the
requirement of the accounting standards but has been taken into account in
the computation of income as per the notified ICDSs, has become
irrecoverable, it can still be claimed as bad debts under section 36(1)(vii) since
it shall be deemed that the debt has been written off as irrecoverable in the
books of account by virtue of the second proviso to section 36(1)(vii).
In the case of an assessee eligible for deduction under section 36(1)(viia),
the amount of deduction under section 36(1)(vii) shall be limited to the
amount by which such debt or part thereof exceeds the credit balance in
the provision for bad and doubtful debts made under section 36(1)(viia).
36(1)(viia) Provision for bad and doubtful debts made by certain banks and financial
institutions.
Bank / Financial Institution Maximum deduction
Scheduled Bank or a Non-scheduled bank or a 7.5% of gross total income

Co-operative bank other than a primary + 10% of aggregate
agricultural credit society or a primary co- average advances made by
operative agricultural and rural development rural branches of the bank
bank
Foreign Bank 5% of gross total income
Public Financial Institution/State Financial 5% of gross total income
Corporation/State Industrial Investment
Corporation
A Non-Banking Financial Company 5% of gross total income
36(1)(viii) In respect of any special reserve created and maintained by a specified
entity (banking company, specified financial corporations etc.), an amount
not exceeding 20% of the profits derived from the eligible business
(industrial or agricultural development, development of infrastructure
facility in India, development of housing in India) computed under this
head and carried to such reserve account.
Where the aggregate of the amounts carried to such reserve account from
time to time exceeds twice the amount of paid up share capital and of the
general reserves of the specified entity, no deduction is allowable in
respect of such excess.

36(1)(ix) Any bona fide expenditure incurred by a company for the purpose of
promoting family planning amongst its employees.
In case the expenditure or part thereof is of capital nature, one-fifth of such
expenditure shall be deducted for the previous year in which it was incurred;
and the balance in four equal installments in four succeeding previous years.
36(1)(xv) An amount equal to the securities transaction tax (STT) paid by the
assessee in respect of taxable securities transactions entered into in the
course of his business during the previous year, if the income arising from
such taxable securities transactions is included in the income computed
under the head “Profits and gains of business or profession”.
36(1)(xvi) An amount equal to commodities transaction tax (CTT) paid in respect of
taxable commodities transactions entered into the course of business
during the previous year, if the income arising from such taxable
commodities transactions is included in the income computed under the
head “Profits and gains of business or profession”.
General
37(1) An expenditure shall be allowed under section 37, provided:
• it is not in the nature of expenditure described under sections 30 to 36;
• it is not in the nature of capital expenditure;
• it is not a personal expenditure of the assessee;
• it is laid out and expended wholly and exclusively for the purpose of
business/ profession;
• it is not incurred for any purpose which is an offence or which is
prohibited by law; and
• it is not an expenditure incurred by the assessee on CSR activities
referred to in section 135 of the Companies Act, 2013.
37(2B) Any expenditure incurred for advertisement in any souvenir, brochure,
tract, pamphlet etc. published by a political party is not allowable as
deduction.
Amounts not deductible
Section Particulars
40(a)(i) Any interest, royalty, fees for technical services or other sum chargeable under
the Act, which is payable outside India or in India to a non corporate non-
resident or to a foreign company, on which tax deductible at source has not
been deducted or after deduction has not been paid on or before the due date
specified under section 139(1).

4.86 Income-tax
However, if such tax has been deducted in any subsequent year or has been
deducted in the previous year but paid in the subsequent year after the due date
specified under section 139(1), such sum shall be allowed as deduction in
computing the income of the previous year in which such tax is paid.
40(a)(ia) 30% of any sum payable to a resident on which tax is deductible at source
under Chapter XVII-B and such tax has not been deducted or, after
deduction has not been paid on or before the due date for filing of return
of income under section 139(1).
However, if such tax has been deducted in any subsequent year or has been
deducted in the previous year but paid in the subsequent year after the due date
specified under section 139(1), 30% of such sum shall be allowed as deduction
in computing the income of the previous year in which such tax is paid.
Where such person responsible for deducting tax is not deemed to be an
assessee-in-default on account of payment of taxes by the resident payee,
it shall be deemed that the payer has deducted and paid the tax on such
sum on the date of furnishing return of income by the resident payee.
Since the date of furnishing the return of income by the resident payee is
taken to be the date on which the payer has deducted tax at source and
paid the same, the expenditure/payment in respect of which the payer has
failed to deduct tax at source shall be disallowed under section 40(a)(ia) in
the year in which the said expenditure is incurred. Such expenditure will
be allowed as deduction in the subsequent year in which the return of
income is furnished by the resident payee, since tax is deemed to have
been deducted and paid by the payer in that year.
40(a)(ii)/ Any sum paid on account of income-tax or wealth-tax
(iia)
40(a)(iib) Any amount paid by way of royalty, licence fee, service fee, privilege fee,
service charge, or any other fee or charge, which is levied exclusively on,
or any amount appropriated, directly or indirectly, from a State
Government undertaking, by the State Government.
40(a)(iii) Any payment chargeable under the head “Salaries”, if it is payable outside
India or to a non-resident, if tax has not been paid thereon nor deducted
therefrom
40(a)(v) Tax paid by the employer on non-monetary perquisites provided to its
employees, which is exempt under section 10(10CC) in the hands of the
employee.
40(b) In case of partnership firms or LLPs -
(i) Salary, bonus, commission or remuneration, by whatever name
called, paid to any partner who is not a working partner;

(ii) Payment of remuneration or interest to a working partner, which is

not –
• authorized by the partnership deed; or
• in accordance with the terms of the partnership deed.
(iii) Payment of remuneration or interest to a working partner authorized
by and in accordance with the terms of the partnership deed, but
relates to a period falling prior to the date of such partnership and is
not authorized by the earlier partnership deed.
(iv) Payment of interest to any partner authorised by and in accordance
with the terms of the partnership deed and falling after the date of
the partnership deed to the extent of the excess of the amount
calculated at 12% simple interest per annum.
(v) Payment of remuneration to a working partner which is authorized by
and in accordance with the partnership deed to the extent the aggregate
of such payment to working partners exceed the following limits -
(a) On the first ` 3,00,000 of the ` 1,50,000 or 90% of the
book-profit or in case of a loss book-profit, whichever is
more.
(b) On the balance of book-profit 60%
Expenses or payments not deductible in certain circumstances

Section Particulars
40A(2) Any expenditure incurred in respect of which a payment is made to a related

person or entity, to the extent it is excessive or unreasonable by the
Assessing Officer.
Few examples of related persons are as under:
Assessee Related Person
Individual Any relative of the individual
Firm Any partner of the firm or relative of such partner and the
member of the family or association
HUF or Any member of the AOP or HUF or any relative of such
AOP member
Company Director of the company or any relative of the director
Any Any individual who has a substantial interest (20% or more
assessee voting power or beneficial entitlement to 20% of profits) in
the business or profession of the assessee; or
A relative of such individual.

4.88 Income-tax
40A(3) Any expenditure, in respect of which a payment or aggregate of

payments made to a person in a single day otherwise than by account payee
cheque or account payee bank draft exceeds ` 20,000.
In case of payments made to transport operator for plying, hiring or leasing
goods carriages, an enhanced limit of ` 35,000 shall apply.
If the payment/payments exceed this limit, the entire expenditure would be
disallowed.
However, disallowance would not be attracted if the cases and
circumstances in which payment is made otherwise than by way of an
account payee cheque or bank draft are covered in Rule 6DD.
40A(3A) Where an expenditure has been allowed as deduction on accrual basis in any
previous year, and payment is made in a subsequent previous year and such
payment (or aggregate of payments made to a person in a day is made in a
subsequent previous year) is in excess of the limits of ` 20,000/` 35,000
specified above, the payment/aggregate of payments so made shall be
deemed as profits and gains of the business or profession and charged to
tax as income of the subsequent previous year.
However, the deeming provision will not apply in the cases and
circumstances covered in Rule 6DD.
40A(7) Provision for payment of gratuity to employees.
However, disallowance would not be attracted if provision is made for
contribution to approved gratuity fund or for payment of gratuity that has
become payable during the year.
Profits chargeable to tax [Section 41]
41(1) Where deduction was allowed in respect of loss, expenditure or trading liability
for any year and subsequently, during any previous year, the assessee or
successor of the business has obtained any amount in respect of such loss or
expenditure or some benefit in respect of such trading liability by way of
remission or cessation thereof, the amount obtained or the value of benefit
accrued shall be deemed to be income.
41(3) Amount realized on transfer of an asset used for scientific research is taxable
as business income to the extent of deduction allowed under section 35 in the
year in which transfer takes place.
41(4) Any amount recovered by the assessee against bad debt earlier allowed as
deduction shall be taxed as income in the year in which it is received.
Certain Deductions to be allowed only on Actual Payment [Section 43B]
In respect of the following sums payable by an assessee, deduction is allowable only if the
sum is actually paid on or before the due date of filing of return under section 139(1).
(i) Tax, duty, cess or fee, under any law for the time being in force; or

(ii) Contribution to any provident fund or superannuation fund or gratuity fund or any
other fund for the welfare of employees; or
(iii) Bonus or commission for services rendered by employees, where such sum would not
have been payable to him as profits or dividend if it had not been paid as bonus or
commission; or
(iv) Interest on any loan or borrowing from any public financial institution or a State
Financial Corporation or a State Industrial Investment Corporation, in accordance
with the terms and conditions of the agreement governing such loan or borrowing; or
(v) Interest on any loan or advance from a scheduled bank in accordance with the
terms and conditions of the agreement governing such loan or advances; or
(vi) Payment in lieu of any leave at the credit of his employee.
(vii) Any sum payable to the Indian Railways for use of Railway assets.
Other Provisions
Section Particulars
43CA Where the consideration for the transfer of an asset (other than capital asset),
being land or building or both, is less than the stamp duty value, the value so
adopted or assessed or assessable (i.e., the stamp duty value) shall be deemed to
be the full value of the consideration for the purposes of computing income
under the head “Profits and gains of business or profession”.
Further, where the date of an agreement fixing the value of consideration for
the transfer of the asset and the date of registration of the transfer of the
asset are not same, the stamp duty value may be taken as on the date of the
agreement for transfer instead of on the date of registration for such
transfer, provided at least a part of the consideration has been received by
any mode other than cash on or before the date of the agreement.
44AA Maintenance of accounts by certain persons carrying on profession or
business
Class of Persons Threshold limit of gross Requirement
receipts/total income
Every person carrying on If his total gross receipts Maintenance of such
a specified profession, from profession does not books of account and
namely, legal, medical, exceed ` 1,50,000 in any other documents as may
engineering, architectural one of the three years enable the Assessing
profession or the immediately preceding the Officer to compute his
professionof accountancy previous year, or total income in
or technical consultancy Where the profession has accordance with the
or interior decoration or been newly set up in the provisions of the Act
any other notified previous year, his total
profession[i.e., authorised gross receipts in the
representative, film artist, profession for that year
company secretary and does not exceed
information technology]. ` 1,50,000.

4.90 Income-tax
Every person carrying If his total gross receipts Maintenance of such

on a specified from profession exceeds ` books of account and
profession, namely, 1,50,000 in any one of the other documents
legal, medical, three years immediately referred to in sub-rule
engineering, preceding the previous (2), namely, cash book,
architectural year, or journal, if accounts are
profession or the maintained according to
profession of Where the profession has the mercantile system of
accountancy or been newly set up in the accounting, a ledger,
technical consultancy previous year, his total carbon copies of bills for
or interior decoration gross receipts in the sums exceeding ` 25,
or authorised profession for that year original bills and receipts
representative or film (payment vouchers in
exceeds ` 1,50,000.
artist. case the expenditure
does not exceed ` 50).
Every person carrying (i) If his total sales, Maintenance of such
on a non-specified turnover or gross receipts books of account and
profession or from business or other documents as may
business. profession exceeds ` enable the Assessing
10,00,000 in any one of Officer to compute his
the three years total income in
immediately preceding the accordance with the
previous year, or his provisions of the Act.
income from business or
profession exceeds
` 1,20,000 in any one of
the three years
immediately preceding the
previous year.
(ii) Where the business or
profession has been newly
set up in the previous year,
his total sales, turnover or
gross receipts for that year
is likely to exceed
` 10,00,000 or his income
from business or
profession for that year is
likely to exceed ` 1,20,000
in that year.

(iii) Where the profits and

gains from business are
deemed to be the profits
and gains of the assessee
under section 44AE,
44BB, 44BBB and the
assesssee has claimed his
income to be lower than
the deemed profits.
(iv) Where the provisions
of section 44AD(4) are
applicable in an assessee’s
case and his income
exceeds the basic
exemption limit
44AB Mandatory audit of accounts of certain persons
Category of person Condition for applicability of section 44AB
Every person carrying on Total sales, turnover or gross receipts in

business business > ` 1 crore in any previous year
Every person carrying on Gross receipts in profession > ` 50 lakh in
profession any previous year
Every person carrying on a Income is claimed to be lower than the
business, where deemed profits deemed profits under the respective sections
are taxed on presumptive basis
under section 44AE, 44BB and
44BBB.
Every person carrying on a Income is claimed to be lower than the
profession, where 50% of the deemed profits and such income exceeds the
gross receipts are deemed to be basic exemption limit.
the profits under section
44ADA.
Every person who declared profit Income cannot be computed on the basis of
on presumptive bassi under presumptive tax provisions under section 44AD
section 44AD for any previous for five assessment years subsequent to the
year and thereafter, declares assessment year relevant to the previous year in
profits for any five consecutive which profits have not been declared under
assessment years relevant to the section 44AD(1) and whose income exceeds the
previous year succeeding such basic exemption limit in that year.
previous year not in accordance
with presumptive tax provisions
of section 44AD(1).

4.92 Income-tax
Presumptive taxation provisions

Section Particulars Deemed profits and gains
44AD Any individual, HUF or firm who is a 8% of gross receipts or total
resident (other than LLP) who has not turnover
claimed deduction under section 10AA or
Chapter VI-A under the heading “C -
Deductions in respect of certain incomes”
engaged in any business (except the business
of plying, hiring or leasing goods carriages
referred to in section 44AE) and whose total
turnover or gross receipts in the previous
year does not exceed ` 2 crore. However,
this section will not apply to –
(i) a person carrying on specified
professions referred to in section 44AA(1),
(ii) a person earning income in the nature
of commission or brokerage;
(iii) a person carrying on agency business.
44ADA An assessee, being a resident in India, who is 50% of the gross receipts.
engaged
- in any profession referred to in section
44AA(1) such as legal, medical, engineering
or architectural profession or the profession
of accountancy or technical consultancy or
interior decoration or any other profession
as is notified by the Board in the Official
Gazette; and
- whose total gross receipts does not exceed
` 50 lakhs in a previous year.
44AE Any assessee who owns not more than ten For each goods vehicle,
goods carriages at any time during the whether heavy goods vehicle or
previous year and who is engaged in the other than heavy goods vehicle,
business of plying, hiring and leasing goods ` 7,500 per month or part of a
carriages. month during which such
vehicle is owned by the
assessee or an amount claimed
to have been actually earned
from such vehicle, whichever is
higher.

Taxability in case of composite income

In cases where income is derived from the sale of rubber manufactured or processed
from rubber plants grown by the seller in India, coffee (grown and cured/grown,
cured, roasted and grounded) or tea grown and manufactured in India, the income
shall be computed as if it were income derived from business, and a specified
percentage of such income, as given in the table below, shall be deemed to be income
liable to tax -
Rule Business Agricultural
Nature of composite income income Income
(Taxable) (Exempt)
7A Income from the manufacture of rubber 35% 65%
7B Income from the manufacture of coffee
- sale of coffee grown and cured 25% 75%
- sale of coffee grown, cured, roasted and 40% 60%
grounded
8 Income from the manufacture of tea 40% 60%
Notification of new income computation and disclosure standards to be

applicable from A.Y.2017-18 [Notification No.S.O. 3079(E) dated 29-09-2016]
Under section 145(1), income chargeable under the heads “Profits and gains of business
or profession” or “Income from other sources” shall be computed in accordance with
either the cash or mercantile system of accounting regularly employed by the assessee.
Section 145(2) empowers the Central Government to notify in the Official Gazette from
time to time, income computation and disclosure standards to be followed by any
class of assessees or in respect of any class of income. Accordingly, the Central
Government has, in exercise of the powers conferred under section 145(2), notified ten
income computation and disclosure standards (ICDSs) to be followed by all assessees
(other than an individual or a Hindu undivided family who is not required to get
his accounts of the previous year audited in accordance with the provisions of
section 44AB), following the mercantile system of accounting, for the purposes of
computation of income chargeable to income-tax under the head “Profit and gains
of business or profession” or “ Income from other sources” for A.Y.2017-18 and
subsequent assessment years.
Refer to Annexure at the end of the Practice Manual wherein the text of the
ICDSs notified on 29.9.2016 to be applicable from A.Y.2017-18 has been given.
Also, a comparison between the initially notified ICDS (notified on 31.3.2015 –
since rescinded) and the newly notified ICDSs (applicable from A.Y.2017-18)
has been given to facilitate an easy understanding of the changes which have
been made in the newly notified ICDSs.

4.94 Income-tax
Question 1
A car purchased by Dr. Soman on 10.08.2014 for ` 5,25,000 for personal use is brought into
professional use on 1.07.2016 by him, when its market value was ` 2,50,000.
Compute the actual cost of the car and the amount of depreciation for the assessment year
2017-18 assuming the rate of depreciation to be 15%.
Answer
As per section 43(1), the expression “actual cost” would mean the actual cost of asset to the
assessee.
The purchase price of ` 5,25,000 is, therefore, the actual cost of the car to Dr. Soman. Market
value (i.e. ` 2,50,000) on the date when the asset is brought into professional use is not relevant.
Therefore, amount of depreciation on car as per section 32 for the A.Y.2017-18 would be
` 78,750, being ` 5,25,000 x 15%.
Note : Explanation 5 to section 43(1) providing for reduction of notional depreciation from the
date of acquisition of asset for personal use to determine actual cost of the asset is applicable
only in case of building which is initially acquired for personal use and later brought into
professional use. It is not applicable in respect of other assets.
Question 2
Venus Ltd., engaged in manufacture of pesticides, furnishes the following particulars relating
to its manufacturing unit at Chennai, for the year ending 31-3-2017:
(` in lacs)
Opening WDV of Plant and Machinery 20
New machinery purchased on 1-9-2016 10
New car purchased on 1-12-2016 8
Computer purchased on 3-1-2017 4
Additional information:
• All assets were put to use immediately.
• Computer has been installed in the office.
• During the year ended 31-3-2016, a new machinery had been purchased on
31-10-2015, for ` 10 lacs. Additional depreciation, besides normal depreciation, had
been claimed thereon.
• Depreciation rate for machinery may be taken as 15%.
Compute the depreciation available to the assessee as per the provisions of the Income-tax Act,
1961 and the WDV of different blocks of assets as on 31-3-2017.

Answer
Computation of written down value of block of assets of Venus Ltd. as on 31.3.2017
Particulars Plant & Computer
Machinery (` in lacs)
(` in lacs)
Opening written down value (as on 01.04.2016) 20 Nil
Add: Actual cost of new assets acquired during the year
New machinery purchased on 1.9.2016 10 -
New car purchased on 1.12.2016 8 -
Computer purchased on 3.1.2017 - 4
38 4
Less: Assets sold/discarded/destroyed during the year Nil Nil
Closing Written Down Value (as on 31.03.2017) 38 4
Computation of Depreciation for A.Y. 2017-18
Plant & Computer
Particulars Machinery (` in lacs)
(` in lacs)
I. Assets put to use for more than 180 days, eligible
for 100% depreciation calculated applying the
eligible rate of normal depreciation and
additional depreciation
Normal Depreciation
- Opening WDV of plant and machinery (` 20 3.00 -
lacs x 15%)
- New Machinery purchased on 1.9.2016 (` 10 -
lacs x 15%) 1.50
(A) 4.50 -
Additional Depreciation
New Machinery purchased on 1.9.2016 (B) 2.00 -
(` 10 lacs x 20%)
Balance additional depreciation in 1.00
respect of new machinery purchased on
31.10.2015 and put to use for less than
180 days in the –P.Y. 2015-16 (Rs. 10
lakhs)

4.96 Income-tax
II. Assets put to use for less than 180 days, eligible
for 50% depreciation calculated applying the
eligible rate of normal depreciation and
additional depreciation
Normal Depreciation
New car purchased on 1.12.2016 [` 8 lacs x 7.5% (i.e., 0.60 -
50% of 15%)]
Computer purchased on 3.1.2017 [` 4 lacs x 30%
(50% of 60%)] - 1.20
(C) 0.60 1.20
Total Depreciation (A+B+C) 8.10 1.20
Notes:
(1) As per section 32(1)(iia), additional depreciation is allowable in the case of any new
machinery or plant acquired and installed after 31.3.2005, by an assessee engaged, inter
alia, in the business of manufacture or production of any article or thing, at the rate of
20% of the actual cost of such machinery or plant.
However, additional depreciation shall not be allowed in respect of, inter alia, –
(i) any office appliances or road transport vehicles;
(ii) any machinery or plant installed in, inter alia, office premises.
In view of the above provisions, additional depreciation cannot be claimed in respect of -
(i) Car purchased on 1.12.2016 and
(ii) Computer purchased on 3.1.2017, installed in office.
(2) The Finance Act, 2015 has inserted third proviso to section 32(1)(ii) with effect from
A.Y.2016-17, to provide that balance 50% of additional depreciation on new plant or
machinery acquired and put to use for less than 180 days in the year of acquisition which
has not been allowed in that year, shall be allowed in the immediately succeeding
previous year.
Hence, in this case, the balance 50% additional depreciation (i.e., ` 1 lacs, being 10% of
` 10 lacs) in respect of new machinery which had been purchased during the previous
year 2015-16 and put to use for less than 180 days in that year can be claimed in P.Y.
2016-17 being immediately succeeding previous year.

Question 3
M/s. Dollar Ltd., a manufacturing concern, furnishes the following particulars:
`
(i) Opening writing down value of plant and machinery (1.4.2016) (15% block) 5,00,000
(ii) Purchase of plant and machinery (put to use before 01.10.2016) 2,00,000
(iii) Sale proceeds of plant and machinery which became obsolete- the plant
and machinery was purchased on 01-04-2014 for ` 5,00,000. 5,000
Further, out of purchase of plant and machinery:
(a) Plant and machinery of ` 20,000 has been installed in office.
(b) Plant and machinery of ` 20,000 was used previously for the purpose of business by the
seller.
Compute depreciation and additional depreciation as per Income-tax Act, 1961 for the
Answer
Computation of written down value of Plant and Machinery of M/s. Dollar Ltd.
as on 31.3.2017
Particulars `
Opening written down value (as on 01.04.2016) 5,00,000
Add: Purchase of plant and machinery during the previous year 2,00,000
7,00,000
Less: Sale proceeds of obsolete plant and machinery sold during the year 5,000
Closing Written Down Value (as on 31.03.2017) 6,95,000
Computation of Depreciation and Additional Depreciation for A.Y. 2017-18 as per
section 32 of the Income-tax Act, 1961
Particulars `
Normal Depreciation (` 6,95,000 x 15%) 1,04,250
Additional Depreciation (Refer Note 2)(` 2,00,000 – ` 20,000 - ` 20,000) x 20% 32,000
Depreciation on Plant and Machinery 1,36,250
Notes:-
(1) Since the new plant and machinery was purchased and put to use before 1.10.2016, it
was put to use for more than 180 days in the year. Hence, full depreciation is allowable
for A.Y. 2017-18.

4.98 Income-tax
(2) As per section 32(1)(iia), additional depreciation is allowable in the case of any new
machinery or plant acquired and installed after 31.3.2005 by an assessee engaged, inter alia,
in the business of manufacture or production of any article or thing, at the rate of 20% of the
actual cost of such machinery or plant.
However, additional depreciation shall not be allowed in respect of, inter alia, –
(i) any machinery or plant which, before its installation by the assessee, was used either
within or outside India by any other person;
(ii) any machinery or plant installed in office premises, residential accommodation or in any
guest house.
In view of the above provisions, additional depreciation cannot be claimed in respect of -
(i) Plant and machinery of ` 20,000 used previously for the purpose of business by the
seller.
(ii) Plant and machinery of ` 20,000, installed in office.
Therefore, in the given case additional depreciation has to be provided only on
` 1,60,000 (i.e., ` 2,00,000 - ` 40,000).
Question 4
Mr. Abhimanyu is engaged in the business of generation and distribution of electric power. He
always opts to claim depreciation on written down value for income-tax purposes. From the
following details, compute the depreciation allowable as per the provisions of the Income-tax
Act, 1961 for the assessment year 2017-18:
(` in lacs)
(i) Opening WDV of block (15% rate) 42
(ii) New machinery purchased on 12-10-2016 10
(iii) Machinery imported from Colombo on 12-4-2016. 9
This machine had been used only in Colombo earlier and
the assessee is the first user in India.
(iv) New computer installed in generation wing of the unit on 15-7-2016 2
Answer
Computation of depreciation under section 32 for A.Y.2017-18
Particulars ` `
Normal Depreciation
Depreciation@15% on ` 51,00,000, being machinery (put to use 7,65,000
for more than 180 days) [Opening WDV of ` 42,00,000 +
Purchase cost of imported machinery of ` 9,00,000]

[email protected]% on ` 10,00,000, being new machinery put to

use for less than 180 days 75,000
8,40,000
Depreciation@60% on computers purchased ` 2,00,000 1,20,000 9,60,000
Additional Depreciation (Refer Note below)

Additional Depreciation@10% of ` 10,00,000 [being actual cost 1,00,000
of new machinery purchased on 12-10-2016]
Additional Depreciation@20% on new computer installed in
generation wing of the unit [20% of ` 2,00,000] 40,000 1,40,000
Depreciation on Plant and Machinery 11,00,000
Note:-
The benefit of additional depreciation is available to new plant and machinery acquired and
installed in power sector undertakings. Accordingly, additional depreciation is allowable in the
case of any new machinery or plant acquired and installed by an assessee engaged, inter alia,
in the business of generation or generation and distribution of power, at the rate of 20% of the
actual cost of such machinery or plant.
Therefore, new computer installed in generation wing of the unit is eligible for additional
depreciation@20%.
Since the new machinery was purchased only on 12.10.2016, it was put to use for less than
180 days during the previous year, and hence, only 10% (i.e., 50% of 20%) is allowable as
additional depreciation in the A.Y. 2017-18. The balance additional depreciation would be
allowed in the next year.
However, additional depreciation shall not be allowed in respect of, inter alia, any machinery
or plant which, before its installation by the assessee, was used either within or outside India
by any other person. Therefore, additional depreciation is not allowable in respect of imported
machinery, since it was used in Colombo, before its installation by the assessee.
Question 5
Harish Jayaraj Pvt. Ltd. is converted into Harish Jayaraj LLP on 1.1.2017. The following
particulars are available to you:
S. Particulars `
No.
(i) Cost of land 5,00,000
(ii) WDV of machinery as on 1.4.2016 3,30,000
(iii) Patents acquired on 1.6.2016 3,00,000
(iv) Building acquired on 12.3.2015 for which deduction was allowed 7,00,000

4.100 Income-tax
under section 35AD.

(v) Above building was revalued as on the date of conversion into LLP 12,00,000
as
(vi) Unabsorbed business loss as on 1.4.2016 (Related to A.Y. 2013-14) 9,00,000
Though the conversion into LLP took place on 1.1.2017, there was disruption of business and
the assets were put into use by the LLP only from 1st March, 2017 onwards.
The company earned profits of ` 8 lacs prior to computation of depreciation.
Assuming that the necessary conditions laid down in section 47(xiiib) of the Income-tax Act,
1961 have been complied with, explain the tax treatment of the above in the hands of the LLP.
Answer
Tax treatment of depreciation and unabsorbed business loss of a private company on
its conversion into a LLP
1. Depreciation
The aggregate depreciation allowable to the predecessor company and successor LLP shall
not exceed, in any previous year, the depreciation calculated at the prescribed rates as if the
conversion had not taken place. Such depreciation shall be apportioned between the
predecessor company and the successor LLP in the ratio of the number of days for which the
assets were used by them [Fifth proviso to Section 32(1)]
Therefore, depreciation has to be first calculated as if the conversion had not taken place and
then apportioned between the company and the LLP in the ratio of the number of days for
which the assets were used by them.
` `
Block I Machinery 3,30,000 15% 49,500
Block II Patents 3,00,000 25% 75,000
1,24,500
Allocation of depreciation
Depreciation on machinery and patents have to be apportioned between the company and the
LLP in the ratio of the number of days for which the assets were used by them. Since
patents were acquired only on 1.6.2016, it could have been used by the company for 214 days
only. Therefore, the depreciation on assets has to be allocated between the company and LLP
as follows –

Company LLP
Asset Total No. of Depreciation No. of days Depreciation
depreciation days of of usage
for the year usage
Machinery 49,500 275 44,485 31 5,015
Patents 75,000 214 65,510 31 9,490
1,24,500 1,09,995 14,505
Therefore, depreciation to be allowed in the hands of the company is ` 1,09,995 and
depreciation to be allowed in the hands of the LLP is ` 14,505.
2. Unabsorbed business loss to be carried forward by the LLP:
Particulars `
Profits of the company before depreciation 8,00,000
Less: Current year depreciation 1,09,995
Business income of the company after depreciation 6,90,005
Brought forward business loss 9,00,000
Unabsorbed business loss as on 31.12.2016 to be carried forward by the LLP 2,09,995
The LLP would be allowed to carry forward and set-off the unabsorbed business loss and
unabsorbed depreciation of the predecessor company [Section 72A(6A)].
3. Actual cost of assets to the LLP
(1) The actual cost of the block of assets in case of the LLP shall be the WDV of the
block of assets as in the case of the company on the date of conversion. The WDV
as on 1.1.2017 for Machinery and Patents are ` 2,85,515 and ` 2,34,490,
respectively, which would be the actual cost in the case of the LLP.
WDV of Machinery as on 1.1.2017 = ` 3,30,000 – ` 44,485 = ` 2,85,515
WDV of Patents as on 1.1.2017 = ` 3,00,000 – ` 65,510 = ` 2,34,490
(2) Land is not a depreciable asset. The cost of acquisition of land to the LLP would be
the cost for which the company acquired it, as increased by the cost of
improvement.
(3) In respect of the building, deduction had been allowed in the earlier year under
section 35AD. Hence, there is no question of depreciation during the current year.
The actual cost of the building to the LLP would be Nil. [Explanation 13 to Section
43(1)]

4.102 Income-tax
Question 6
Sai Ltd. has a block of assets carrying 15% rate of depreciation, whose written down value on
01.04.2016 was ` 40 lacs. It purchased another asset (second-hand plant and machinery) of
the same block on 01.11.2016 for ` 14.40 lacs and put to use on the same day. Sai Ltd. was
amalgamated with Shirdi Ltd. with effect from 01.01.2017.
You are required to compute the depreciation allowable to Sai Ltd. & Shirdi Ltd. for the previous
year ended on 31.03.2017 assuming that the assets were transferred to Shirdi Ltd. at ` 60 lacs.
Answer
Statement showing computation of depreciation allowable
to Sai Ltd. & Shirdi Ltd. for A.Y. 2017-18
Particulars `
Written down value (WDV) as on 1.4.2016 40,00,000
Addition during the year (used for less than 180 days) 14,40,000
Total 54,40,000
Depreciation on ` 40,00,000 @ 15% 6,00,000
Depreciation on ` 14,40,000 @ 7.5% 1,08,000
Total depreciation for the year 7,08,000
Apportionment between two companies:
(a) Amalgamating company, Sai Ltd.
` 6,00,000 × 275/365 4,52,055
` 1,08,000 × 61/151 43,629
4,95,684
(b) Amalgamated company, Shirdi Ltd.
` 6,00,000 × 90/365 1,47,945
` 1,08,000 × 90/151 64,371
2,12,316
Notes:
(1) The aggregate deduction, in respect of depreciation allowable to the amalgamating
company and amalgamated company in the case of amalgamation shall not exceed in
any case, the deduction calculated at the prescribed rates as if the amalgamation had not
taken place. Such deduction shall be apportioned between the amalgamating company
and the amalgamated company in the ratio of the number of days for which the assets
were used by them.

(2) The price at which the assets were transferred, i.e., ` 60 lacs, has no implication in
computing eligible depreciation.
Question 7
Mr. Gopi carrying on business as proprietor converted the same into a limited company by
name Gopi Pipes (P) Ltd. from 01-07-2016. The details of the assets are given below:
`
Block - I WDV of plant & machinery (rate of depreciation @ 15%) 12,00,000
Block - II WDV of building (rate of depreciation @ 10%) 25,00,000
The company Gopi Pipes (P) Ltd. acquired plant and machinery in December 2016 for
` 10,00,000. It has been doing the business from 01-07-2016.
Compute the quantum of depreciation to be claimed by Mr. Gopi and successor Gopi Pipes
(P) Ltd. for the assessment year 2017-18.
Note: Ignore additional depreciation.
Answer
Computation of depreciation allowable to Mr. Gopi for A.Y. 2017-18
Particulars ` `
Block 1 Plant and Machinery (15% rate)
WDV as on 1.4.2016 12,00,000
Depreciation@15% 1,80,000
Block 2 Building (10% rate)
WDV as on 1.4.2016 25,00,000
Depreciation@10% 2,50,000
Proportionate depreciation allowable to Mr. Gopi for 91 days
(i.e., from 1.4.2016 to 30.6.2016) [i.e., 91/365 x ` 4,30,000) 1,07,205
Computation of depreciation allowable to Gopi Pipes (P) Ltd. for A.Y.2017-18
Particulars `
(i) Depreciation on building and plant and machinery
Proportionately for 274 days (i.e. from 1.7.2016 to 31.3.2017)
(274/365 x 4,30,000) 3,22,795
(ii) Depreciation@ 50% of 15% on ` 10 lakh, being the value of plant and
machinery purchased after conversion, which was put to use for less
than 180 days during the P.Y. 2016-17 75,000
Depreciation allowable to Gopi Pipes (P) Ltd. 3,97,795

4.104 Income-tax
Note: As per the fifth proviso to section 32(1), in the case of conversion of sole proprietary
concern into a company as per section 47(xiv), the depreciation should be first calculated for
the whole year as if no succession had taken place. Thereafter, the depreciation should be
apportioned between the sole proprietary concern and the company in the ratio of the number
of days for which the assets were used by them. It is assumed that in this case, the conditions
specified in section 47(xiv) are satisfied.
Question 8
M/s Sidhant & Co., a sole proprietary concern is converted into a company, Sidhant Co. Ltd.
with effect from November 29, 2016. The written down value of assets as on April 1, 2016 is
as follows:
Items Rate of Depreciation WDV as on 1st April, 2016
Building 10% ` 3,50,000
Furniture 10% ` 50,000
Plant and Machinery 15% ` 2,00,000
Further, on October 15, 2016, M/s Sidhant & Co. purchased a plant for ` 1,00,000 (rate of
depreciation 15%). After conversion, the company added another plant worth ` 50,000 (rate
of depreciation 15%).
Compute the depreciation available to (i) M/s Sidhant & Co. and (ii) Sidhant Co. Ltd. for
Answer
In the case of conversion of sole proprietary concern into a company as per section 47(xiv),
the depreciation should be first calculated for the whole year assuming that no succession had
taken place. Thereafter, the depreciation should be apportioned between the sole proprietary
concern and the company in the ratio of the number of days for which the assets were used by
them. It is assumed that in this case, the conditions specified in section 47(xiv) are satisfied.
Computation of depreciation allowable to M/s Sidhant & Co. for A.Y.2017-18
Particulars ` `
Building
WDV as on 1.4.2016 3,50,000
Depreciation@10% 35,000
Furniture
WDV as on 1.4.2016 50,000
Depreciation@10% 5,000

Plant and Machinery

WDV as on 1.4.2016 2,00,000
Add: Additions during the year (purchased on 15.10.2016) 1,00,000
3,00,000
Less: Depreciation for the year
(15% of ` 2,00,000 + 50% of 15% of ` 1,00,000) 37,500
(` 30,000 + ` 7,500)
(Depreciation on new machinery is restricted to 50% of
eligible depreciation, since the asset is put to use for less
than 180 days in that year)
Total depreciation for the year 77,500
Proportionate depreciation allowable to M/s Sidhant & Co.
for 242 days
On existing assets (i.e. 1.4.2016 to 28.11.2016)
(i.e. 242/365 x ` 70,000) 46,411
On new machine for 45 days i.e., 45/168 × ` 7,500 2,009 48,420
Computation of depreciation allowable to M/s Sidhant Co. Ltd. for A.Y.2017-18
Particulars `
(i) Depreciation on the assets on conversion
Proportionately for 123 days i.e. after conversion period
(123/365 x ` 70,000)+ (123/168 × ` 7,500) = ` 23,589 + ` 5,491 29,080
(ii) Depreciation @ 50% of normal rate of 15% on ` 50,000, being the value of
plant purchased after conversion, which was put to use for less than 180
days 3,750
Depreciation allowable to Sidhant Co. Ltd. 32,830
Note: Since it has not been specifically mentioned that M/s Sidhant & Co. and Sidhant Co.
Ltd. are manufacturing concerns or companies engaged in the business of generation,
transmission or distribution of power, additional depreciation is not provided for.
Question 9
What are intangible assets? Give four examples. What is the rate of depreciation on a block of
intangible assets?
Answer
Intangible assets are assets which are not corporeal i.e., not capable of being touched. Such
assets are represented by rights of the persons through them.
According to Explanation 3(b) to section 32(1), the following are intangible assets :

4.106 Income-tax
(a) Know-how
(b) Patents
(c) Copyrights
(d) Trade Marks
(e) Licences
(f) Franchises
(g) any other business or commercial rights of similar nature.
They are to be depreciated at the rate of 25%.
Question 10
Gopichand Industries furnishes you the following information:
(` )
Block I WDV of Plant and machinery (consisting of 10 looms) 5,00,000
Rate of depreciation 15%
Block II WDV of Buildings (consisting of 3 buildings) 12,50,000
Rate of depreciation 10%
Acquired on 5-07-2016 – 5 looms for 4,00,000
Sold on 7-12-2016 – 15 looms for 10,00,000
Acquired on 10-01-2017 – 2 looms for 3,00,000
Compute depreciation claim for the Assessment year 2017-18.
Answer
Computation of depreciation for Gopichand Industries for A.Y.2017-18
Particulars ` `
Block 1 : Plant & machinery (Rate of depreciation – 15%)
WDV as on 1st April (10 looms) 5,00,000
Add: Additions during the year
- 5 looms acquired on 5th July 4,00,000
- 2 looms acquired on 10th January 3,00,000
12,00,000
Less : Assets sold during the year
- 15 looms sold on 7th December 10,00,000
W.D.V. as on 31st March (2 looms) 2,00,000
Depreciation on ` 2 lakhs @ 15% (limited to 50%) 15,000

Block II: Buildings (Rate of depreciation – 10%)

WDV as on 1st April (3 buildings) 12,50,000
Depreciation on ` 12,50,000 @ 10% 1,25,000
Notes:
1. Closing balance of Block 1: Plant and machinery represents the looms acquired on 10 th
January. These looms have been put to use or less than 180 days during the previous
year, and therefore, only 50% of normal depreciation is permissible.
2. No additional depreciation @ 20% of the cost of new plant and machinery is provided for
assuming that all conditions contained in the section 32(1)(iia) have not been fulfilled.
Question 11
M/s. QQ & Co., a sole proprietary concern, was converted into a company on 1.9.2016.
Before the conversion, the sole proprietary concern had a Block of Plant and Machinery (Rate
of depreciation 15%), whose WDV as on 1.4.2016 was ` 3,00,000. On 1st April itself, a new
plant of the same block was purchased for ` 1,20,000. After the conversion, the company has
purchased the same type of Plant on 1.1.2017 for ` 1,60,000.
Compute the depreciation that would be allocated between the sole proprietary concern and
the successor company.
Note: Ignore additional depreciation.
Answer
Computation of depreciation in the case of transfer of business:
Depreciation is to be calculated as if there is no succession. (` )
WDV as on 1st April 3,00,000
Add : Additions made before succession 1,20,000
4,20,000
Less : Sale consideration of the asset sold Nil
4,20,000
Depreciation @ 15% 63,000
Allocation of depreciation between sole proprietary concern and the successor company:
The depreciation of ` 63,000 is to be allocated in the ratio of number of days the assets were
used by the sole proprietary concern and the company.

4.108 Income-tax
Ex–sole proprietary concern

1st April to 31st August = 153 days ` 63,000 x 153 / 365 = ` 26,408
Successor company
` 63,000 - ` 26,408 = ` 36,592 (i.e. ` 63,000 x 212 /365)
The depreciation of ` 12,000 [50% of 15% on ` 1,60,000] in respect of asset purchased by
the successor company on 1st January is fully allowable in the hands of the successor
company.
Question 12
Honest Industry furnishes you the following details pertaining to the financial year 2016-17:
Description Plant & Building Intangible
Machinery assets
(patents)
Rate of depreciation 15% 10% 25%
Opening balance as on 01-04-2016 ` ` `
14,50,000 25,00,000 15,00,000
Acquired before 30-09-2016 ` Nil ` 5,00,000
12,00,000
Acquired after 01-12-2016 ` 4,00,000 ` Nil
18,00,000
Transferred in March 2017, one of the patents - - ` 3,00,000
held for the past 2 years
A machinery acquired in July 2016 original cost ` 1,50,000 was destroyed by fire and the
assessee received compensation of ` 50,000 from the insurance company.
Newly acquired building given above includes value of land of ` 3,00,000.
Calculate the eligible depreciation claim for the assessment year 2017-18.
Note : Ignore additional/accelerated depreciation.
Answer
Computation of depreciation allowable to Honest Industry for the A.Y. 2017-18
Particulars Plant & Building Intangible Total (`
Machinery assets
(patents)
Rate of depreciation 15% 10% 25%
Opening Balance as on 1.04.2016 14,50,000 25,00,000 15,00,000
Add: Assets acquired during the year 16,00,000 15,00,000 5,00,000

30,50,000 40,00,000 20,00,000

Less: Moneys payable in respect of
asset sold or destroyed 50,000 - 3,00,000
W.D.V as on 31.03.2017 30,00,000 40,00,000 17,00,000
Asset held for less than 180 days 4,00,000 15,00,000 -
Depreciation@50% of applicable 30,000 75,000 - 1,05,000
rate
Asset held for more than 180 days 26,00,000 25,00,000 17,00,000
Depreciation at the applicable rates 3,90,000 2,50,000 4,25,000 10,65,000
Total Depreciation allowable 11,70,000
Note - Land is not a depreciable asset. Therefore, ` 3 lacs, being the value of land, has
been reduced from ` 18 lacs, being the value of building acquired during the year, for the
purpose of computing depreciation.
Question 13
Mr. Praveen Kumar has furnished the following particulars relating to payments made towards
scientific research for the year ended 31.3.2017:
Sl. No. Particulars ` (in
lacs)
(i) Payments made to K Research Ltd. 20
(ii) Payment made to LMN College 15
(iii) Payment made to OPQ College 10
(iv) Payment made to National Laboratory 8
(v) Machinery purchased for in-house scientific research 25
(vi) Salaries to research staff engaged in in-house scientific research 12
Note: K Research Ltd. and LMN College are approved research institutions and these
payments are to be used for the purposes of scientific research.
Compute the amount of deduction available under section 35 of the Income-tax Act, 1961
while arriving at the business income of the assessee.

4.110 Income-tax
Answer
Computation of deduction allowable under section 35
Amount % of weighted Amount of
Particulars (` in lacs) Section deduction deduction
(` in lacs)
Payment for scientific
research
K Research Ltd. [See Note 3] 20 35(1)(ii) 175% 35.00
LMN College 15 35(1)(ii) 175% 26.25
OPQ College [See Note 1] 10 - Nil Nil
National Laboratory [See Note 4] 8 35(2AA) 200% 16.00
In-house research [See Note 2]
Capital expenditure 25 35(1)(iv) 100% 25.00
r.w. 35(2)
Revenue expenditure 12 35(1)(i) 100% 12.00
Deduction allowable under section 35 114.25
Notes:-
1. Payment to OPQ College: Since the note in the question below item (vi) clearly
mentions that only K Research Ltd. and LMN College (mentioned in item (i) and (ii),
respectively) are approved research institutions, it is a logical conclusion that OPQ
College mentioned in item (iii) is not an approved research institution. Therefore,
payment to OPQ College would not qualify for deduction under section 35.
2. Deduction for in-house research and development: Only company assessees are
entitled to weighted deduction@200% under section 35(2AB) in respect of in-house
research and development expenditure incurred. However, in this case, the assessee is
an individual. Therefore, he would be entitled to deduction@100% of the revenue
expenditure incurred under section 35(1)(i) and 100% of the capital expenditure incurred
under section 35(1)(iv) read with section 35(2), assuming that such expenditure is laid
out or expended on scientific research related to his business.
3. Payment to K Research Ltd. (Alternative Answer): Any sum paid to a company
registered in India which has as its main object scientific research, as is approved by the
prescribed authority, qualifies for a weighted deduction of 125% under section 35(1)(iia).
Therefore, it is also possible to take a view that payment of ` 20 lakhs to K Research
Ltd. qualifies for a weighted deduction of 125% under section 35(1)(iia) since K Research
Ltd. is a company. The weighted deduction under section 35(1)(iia) would be ` 25 lacs
(i.e., 125% of ` 20 lacs), in which case, the total deduction under section 35 would be
` 104.25 lacs.

4. Payment to National Laboratory: The percentage of weighted deduction under section

35(2AA) in respect of amount paid to National Laboratory is 200%.
Question 14
Vivitha Bio-medicals Ltd. is engaged in the business of manufacture of bio-medical items. The
following expenses were incurred in respect of activities connected with scientific research:
Year ended Item Amount (` )
31.03.2014 Land 10,00,000
(Incurred after 1.9.2013) Building 25,00,000
31.03.2015 Plant and machinery 5,00,000
31.03.2016 Raw materials 2,20,000
31.03.2017 Raw materials and salaries 1,80,000
The business was commenced on 01-09-2016.
In view of availability of better model of plant and machinery, the existing plant and machinery
were sold for ` 8,00,000 on 1.03.2017.
Discuss the implications of the above for the assessment year 2017-18 along with brief
computation of deduction permissible under section 35 assuming that necessary conditions
have been fulfilled. You are informed that the assessee’s line of business is eligible for
claiming deduction under section 35 at 200% on eligible items.
Answer
1. As per section 35(2AB), where a company engaged in, inter alia, the business of
biotechnology incurs any expenditure on scientific research during the current year, it is
eligible for claiming weighted deduction of a sum equal to 200% of the eligible
expenditure.
Note : The benefit of weighted deduction under this section would be available for
expenditure incurred upto 31st March 2017 on in-house research and development facility.
The eligible expenditure and quantum of deduction will be:
(a) Current year capital expenditure (except expenditure in the nature of cost of any
land or building) or revenue expenditure incurred for scientific research (weighted
deduction @ 200%) under section 35(2AB).
(b) Any expenditure incurred during earlier 3 years immediately preceding the date of
commencement of business on payment of salary or purchase of materials, or
capital expenditure incurred other than expenditure on acquisition of land [actual
expenditure qualifies for deduction under section 35(1)].

4.112 Income-tax
The deduction available under section 35 for scientific research will, therefore, be:
Particulars `
(a) Land Nil
(b) Building 25,00,000
(c) Revenue expenses of last 3 years 2,20,000
(d) Capital expenditure of last 3 years: Plant and machinery 5,00,000
Expenditure allowable under section 35(1) 32,20,000
Current year revenue expenditure ` 1,80,000 [200% of ` 1,80,000 is 3,60,000
allowable under section 35(2AB)]
Total deduction under section 35 35,80,000
2. Section 41(3) provides that where a capital asset used for scientific research is sold,
without having been used for other purposes, the lower of sale proceeds or the total
amount of deduction earlier allowed under section 35 will be considered as income from
business of the previous year in which the sale took place.
Therefore, the income chargeable to tax under section 41(3) would be lower of the following:
(1) Sale proceeds i.e.,` 8,00,000
(2) Total amount of deduction earlier allowed under section 35 i.e., ` 5,00,000
` 5,00,000 will be deemed to be the income chargeable to tax under section 41(3).
3. The difference between sale proceeds and business income under section 41(3) will be
treated as short-term capital gain. `
Sale proceeds of plant and machinery 8,00,000
Less: Business Income as per section 41(3) 5,00,000
Short-term capital gain 3,00,000_
Question 15
Swadeshi Ltd., which follows mercantile system of accounting, obtained licence on 1.4.2015
from the Department of telecommunication for a period of 10 years. The total licence fee
payable is ` 18,00,000. The relevant details are:
Year ended Licence fee payable Payments made
31st March for the year (` ) Date Amount (` )
2016 10,00,000 30.03.2016 3,70,000
15.05.2016 6,30,000
2017 8,00,000 28.02.2017 5,40,000

Balance of ` 2,60,000 is pending as on 31.3.2017.

Compute the amount of deduction available to the assessee under section 35ABB for the
assessment years 2016-17 and 2017-18. Can any deduction be claimed under section 32 also?
Answer
As per section 35ABB, any amount actually paid for obtaining licence to operate
telecommunication services, shall be allowed as deduction in equal installments during the
number of years for which the licence is in force. Therefore, the year of actual payment is
relevant and not the previous year in which the liability for the expenditure was incurred
according to the method of accounting regularly employed by the assessee.
1. ` 3,70,000 paid on 30.03.2016 [P.Y.2015-16]
Unexpired period of licence 10 years
Hence ` 37,000 [i.e. ` 3,70,000/10] can be claimed under section 35ABB for period of
10 years commencing from A.Y.2016-17.
2. ` 11,70,000 paid during year ended 31.03.2017 [P.Y.2016-17]
Unexpired period of licence 9 years
Hence, ` 1,30,000 [i.e. ` 11,70,000/9] can be claimed under section 35ABB for a period
of 9 years commencing from A.Y.2017-18.
3. Amount of deduction under section 35ABB
Assessment year Amount (` )
2016-17 37,000
2017-18 37,000 + 1,30,000 = 1,67,000
Where deduction under section 35ABB is claimed and allowed, deduction under section 32(1)
cannot be allowed for the same previous year or any subsequent previous year.
Question 16
Win Limited commenced the business of operating a three star hotel in Tirupati on 1-4-2016.
It furnishes you the following information:
(i) Cost of land (acquired in June 2014) ` 60 lakhs
(ii) Cost of construction of hotel building
Financial year 2014-15 ` 30 lakhs
Financial year 2015-16 ` 150 lakhs
(iii) Plant and Machineries (all new) acquired during financial year 2015-16 ` 30 lakhs
[All the above expenditures were capitalized in the books of the
company]
Net profit before depreciation for the financial year 2016-17 ` 80 lakhs

4.114 Income-tax
Determine the amount eligible for deduction under section 35AD of the Income-tax Act, 1961,
for the assessment year 2017-18.
Answer
Under section 35AD, 100% of the capital expenditure incurred during the previous year, wholly
and exclusively for the specified business, which includes the business of building and
operating a hotel of two-star or above category anywhere in India which commences its
operations on or after 1.4.2010, would be allowed as deduction from the business income.
However, expenditure incurred on acquisition of any land, goodwill or financial instrument
would not be eligible for deduction.
Further, the expenditure incurred, wholly and exclusively, for the purpose of specified
business prior to commencement of operation would be allowed as deduction during the
previous year in which the assessee commences operation of his specified business. A
condition has been inserted that such amount incurred prior to commencement should be
capitalized in the books of account of the assessee on the date of commencement of its
operations.
Accordingly, the deduction under section 35AD for the A.Y.2017-18 in the case of Win Ltd.
would be calculated as follows, assuming that the expenditures were capitalised in the books
of the company on 1.4.2016, being the date of commencement of operations-
Particulars ` (in lakhs)
Cost of land (not eligible for deduction under section 35AD) Nil
Cost of construction of hotel building (` 30 lakhs + ` 150 lakhs) 180
Cost of plant and machinery 30
Deduction under section 35AD 210
Note:-
(1) For A.Y.2017-18, the loss from specified business of operating a three star hotel would
be ` 130 lakhs (i.e. ` 210 lakhs – ` 80 lakhs). As per section 73A, any loss computed
in respect of the specified business referred to in section 35AD shall be set off only
against profits and gains, if any, of any other specified business. The unabsorbed loss, if
any, will be carried forward for set off against profits and gains of any specified business
in the following assessment year.
(2) Since the entire cost of plant and machinery and building qualifies for deduction under
section 35AD, the same does not qualify for deduction under section 32.
Question 17
MNP Ltd. commenced operations of the business of a new four-star hotel in Chennai on
1.4.2016. The company incurred capital expenditure of ` 40 lakh during the period January,
2016 to March, 2016 exclusively for the above business, and capitalized the same in its books

of account as on 1st April, 2016. Further, during the previous year 2016-17, it incurred capital
expenditure of ` 2.5 crore (out of which ` 1 crore was for acquisition of land) exclusively for
the above business. Compute the income under the head “Profits and gains of business or
profession” for the assessment year 2017-18, assuming that MNP Ltd. has fulfilled all the
conditions specified for claim of deduction under section 35AD and has not claimed any
deduction under Chapter VI-A under the heading “C. – Deductions in respect of certain
incomes”. The profits from the business of running this hotel (before claiming deduction under
section 35AD) for the assessment year 2017-18 is ` 80 lakhs. Assume that the company
also has another existing business of running a four-star hotel in Kanpur, which commenced
operations 5 years back, the profits from which was ` 130 lakhs for assessment year 2017-
18.
Would MNP Ltd. be entitled to deduction under section 35AD if it transfers the operation of the
hotel in Chennai to PQR Ltd, while continuing to own the said hotel?
Answer
Computation of income under the head “Profit and gains of business or profession” of
MNP Ltd. for A.Y. 2017-18
Particulars ` `
(in lakh) (in lakh)
Profits from the specified business of new four-star hotel in
Chennai (before providing deduction under section 35AD) 80
Less: Deduction under section 35AD
Capital expenditure incurred during the P.Y. 2016-17 (excluding
the expenditure incurred on acquisition of land) = ` 250 lakh – 150
` 100 lakh (See Notes 1 & 2 below)
Capital expenditure incurred during January 2016 to March 2016
(i.e., prior to commencement of business) and capitalized in the 40
books of account as on 1.4.2016 (See Note 3 below)
Total deduction under section 35AD for A.Y.2017-18 190
Income from the specified business of new hotel in Chennai (110)
Profit from the existing business of running a four-star hotel in
Kanpur (See Note 4 below) 130
Net profit from business after set-off of loss of specified business
against profits of another specified business under section 73A 20
Notes:
(1) According to the provisions of section 35AD, an assessee shall be allowed a deduction in
respect of 100% of the capital expenditure incurred wholly and exclusively for the
purpose of the specified business which, inter alia, includes the business in the nature of
building and operating a new hotel of two-star or above category, anywhere in India.
Therefore, the newly commenced four-star hotel business of MNP Ltd qualifies for

4.116 Income-tax
deduction under section 35AD, since it has fulfilled all the conditions for claim of
deduction under that section.
(2) The expenditure on acquisition of land, however, does not qualify for deduction under
section 35AD.
(3) The capital expenditure incurred prior to commencement of specified business shall be
allowed as deduction under section 35AD(1) in the year of commencement of specified
business, if the same is capitalized in the books of accounts of the assessee on the date
of commencement of its operations. Therefore, the expenditure of ` 40 lakh is allowable
as deduction in A.Y. 2017-18, since it has been capitalized in the books of accounts of
MNP Ltd. as on 1.4.2016.
(4) As per section 73A, the loss computed under section 35AD in respect of a specified
business can be set off against the profit of another specified business. Building and
operating a hotel of two-star and above category, anywhere in India, is a specified
business, therefore, the loss from the business of new four-star hotel in Chennai can be
set-off against the income of the existing four-star hotel in Kanpur.
(5) Section 35AD(6A) provides that where the assessee, MNP Ltd., builds a hotel of two-star
or above category as classified by the Central Government and subsequently, while
continuing to own the hotel, transfers the operation of the said hotel to another person,
the assessee shall be deemed to be carrying on the specified business of building and
operating a hotel. Therefore, in this case, MNP Ltd. would be eligible to claim investment
linked deduction under section 35AD even if it transfers the operation of the Chennai
hotel to PQR Ltd.
Question 18
Briefly discuss about the provisions relating to deductibility of interest on capital borrowed for
the purpose of business or profession.
Answer
Under section 36(1)(iii), deduction is allowed in respect of interest on capital borrowed for the
purposes of business or profession while computing income under the head “Profits and gains
of business or profession”.
Further, Explanation 8 to section 43(1) clarifies that interest relatable to a period after the
asset is first put to use cannot be included in the actual cost of the asset.
The proviso to section 36(1)(iii) provides that no deduction shall be allowed in respect of any
amount of interest paid, in respect of capital borrowed for acquisition of an asset (whether
capitalized in the books of account or not) for any period beginning from the date on which the
capital was borrowed for acquisition of the asset, till the date on which such asset was first put
to use.
Thus, interest in respect of capital borrowed for any period from the date of borrowing to the
date on which the asset was first put to use should be capitalized

Question 19
Comment on the allowability of the following claim made by the assessee:
Mr. Achal, a hotelier, claimed expenditure on replacement of linen and carpets in his hotel as
revenue expenditure.
Answer
The expenditure on replacement of linen and carpets in a hotel are in the nature of expenses
incurred for the business and are allowable as revenue expenses under section 37(1).
Question 20
What are the conditions to be satisfied for the allowability of expenditure under section 37 of
the Income-tax Act, 1961?
Answer
(1) The following conditions are to be fulfilled for the allowability of expenditure under section
37 -
(i) The expenditure should not be of the nature described in section 30 to 36;
(ii) It should not be in the nature of personal expenditure of the assessee;
(iii) The expenditure should have been laid out or expended wholly or exclusively for the
purposes of the business or profession;
(iv) It should not be in the nature of a capital expenditure;
(v) It should not have been incurred for any propose which is an offence or which is
prohibited by law.
(2) No deduction is allowable for expenditure incurred by the assessee on advertisement in
any souvenir, brochure, tract pamphlet or the like published by a political party [Section
37(2B)]
(3) As per Explanation 2 to Section 37(1), any expenditure incurred by the assessee on the
activities relating to Corporate Social Responsibilty referred to in Section 135 of the
Companies Act, 2013 shall not be deemed to be an expenditure incurred for the purpose
of business or profession. Hence, such expenditure shall be disallowed while computing
total income.
Question 21
State with reasons, the allowability of the following expenses incurred by MN Limited, a
wholesale dealer of commodities, under the Income-tax Act, 1961 while computing profit and
gains from business or profession for the Assessment Year 2017-18.
(i) Construction of school building in compliance with CSR activities amounting to
` 5,60,000.

4.118 Income-tax
(ii) Purchase of building for setting up a warehousing facility for storage of food grains
amounting to ` 4,50,000.
(iii) Interest on loan paid to Mr. X (a resident) ` 50,000 on which tax has not been deducted.
(iv) Commodities transaction tax paid ` 20,000 on sale of bullion.
Answer
Allowability of the expenses incurred by MN Ltd., a wholesale dealer in commodities,
while computing profits and gains from business or profession
(i) Construction of school building in compliance with CSR activities
Under section 37(1), only expenditure not being in the nature of capital expenditure or
personal expense and not covered under sections 30 to 36, and incurred wholly and
exclusively for the purposes of the business is allowed as a deduction while computing
business income.
However, any expenditure incurred by an assessee on the activities relating to corporate
social responsibility referred to in section 135 of the Companies Act, 2013 shall not be
deemed to have been incurred for the purpose of business and hence, shall not be
allowed as deduction under section 37.
Accordingly, the amount of ` 5,60,000 incurred by MN Ltd. towards construction of
school building in compliance with CSR activities shall not be allowed as deduction
under section 37.
Note: The Explanatory Memorandum to the Finance (No.2) Bill, 2014, however, clarifies
that CSR expenditure, which is of the nature described in sections 30 to 36, shall be
allowed as deduction under these sections subject to fulfilment of conditions, if any,
specified therein.
Under section 35AC, 100% deduction is allowable in respect of the expenditure incurred on
eligible projects/schemes specified under Rule 11K, which includes, inter alia, any project
or scheme for construction of school buildings primarily for children belonging to the
economically weaker sections of the society, as the Central Government may, by
notification in the Official Gazette, specify in this behalf on the recommendation of the
National Committee, being a committee constituted by the Central Government, from
amongst persons of eminence in public life.
Therefore, if the expenditure of ` 5,60,000 on construction of school building is incurred
for children belonging to the economically weaker sections of the society and the other
conditions mentioned under section 35AC are fulfilled by MN Ltd., it can claim deduction of
such expenditure under section 35AC.
(ii) Purchase of building for setting up a warehousing facility for storage of food
grains

MN Ltd. would be eligible for investment-linked tax deduction under section 35AD
@150% in respect of amount of ` 4,50,000 invested in purchase of building for setting
up a warehousing facility for storage of food grains which commences operation on or
after 1st April, 2012 (P.Y.2016-17, in this case).
Therefore, the deduction under section 35AD while computing business income would be
` 6,75,000.
(iii) Interest on loan paid to Mr. X (a resident) ` 50,000 on which tax has not been
deducted
` 15,000, being 30% of ` 50,000, would be disallowed under section 40(a)(ia) while
computing the business income of MN Ltd. for non-deduction of tax at source under
section 194A on interest of ` 50,000 paid by it to Mr. X.
The balance ` 35,000 would be allowed as deduction under section 36(1)(iii), assuming
that the amount was borrowed for the purposes of business.
(iv) Commodities transaction tax of ` 20,000 paid on sale of bullion
Commodities transaction tax paid in respect of taxable commodities transactions entered
into in the course of business during the previous year is allowable as deduction,
provided the income arising from such taxable commodities transactions is included in
the income computed under the head “Profits and gains of business or profession”.
Taking that income from this commodities transaction is included while computing the
business income of MN Ltd., the commodity transaction tax of ` 20,000 paid is allowable
as deduction under section 36(1)(xvi).
Question 22
State with reasons, for the following sub-divisions, whether the following statements are true
or false having regard to the provisions of the Income-tax Act, 1961:
(i) For a dealer in shares and securities, securities transaction tax paid in a recognized
stock exchange is permissible business expenditure.
(ii) Where a person follows mercantile system of accounting, an expenditure of ` 25,000
has been allowed on accrual basis and in a later year, in respect of the said expenditure,
assessee makes the payment of ` 25,000 through a cheque crossed as "& Co.”,
disallowance of ` 25,000 under section 40A(3) can be made in the year of payment.
(iii) It is mandatory to provide for depreciation under section 32 of the Income-tax Act, 1961,
while computing income under the head “Profits and Gains from Business and
Profession”.
(iv) The mediclaim premium paid to GIC by Mr. Lomesh for his employees, by a draft, on
27.12.2016 is a deductible expenditure under section 36.
(v) Under section 35DDA, amortization of expenditure incurred under eligible Voluntary
Retirement Scheme at the time of retirement alone, can be done.

4.120 Income-tax
(vi) An existing assessee engaged in trading activities, can claim additional depreciation
under Section 32(1)(iia) in respect of new plant acquired and installed in the trading
concern, where the increase in value of such plant as compared to the approved base
year is more than 10%.
Answer
(i) True : Section 36(1)(xv) allows a deduction of the amount of securities transaction tax
paid by the assessee in respect of taxable securities transactions entered into in the
course of business during the previous year as deduction from the business income of a
dealer in shares and securities.
(ii) True : As per section 40A(3), in the case of an assessee following mercantile system of
accounting, if an expenditure has been allowed as deduction in any previous year on due basis,
and payment exceeding ` 20,000 has been made in the subsequent year otherwise than
by an account payee cheque or an account payee bank draft, then the payment so made
shall be deemed to be the income of the subsequent year in which such payment has
been made.
(iii) True : According to the Explanation 5 to section 32(1), allowance of depreciation is
mandatory. Therefore, depreciation has to be provided mandatorily while calculating
income from business / profession whether or not the assessee has claimed the same
while computing his total income.
(iv) True : Section 36(1)(ib) provides deduction in respect of premium paid by an employer to
keep in force an insurance on the health of his employees under a scheme framed in this
behalf by GIC or any other insurer. The medical insurance premium can be paid by any
mode other than cash, to be eligible for deduction under section 36(1)(ib).
(v) False : Expenditure incurred in making payment to the employee in connection with his
voluntary retirement either in the year of retirement or in any subsequent year, will be
entitled to deduction in 5 equal annual installments beginning from the year in which
each payment is made to the employee.
(vi) False : Additional depreciation can be claimed only in respect of eligible plant and
machinery acquired and installed by an assessee engaged in the business of
manufacture or production of any article or thing or in the business of generation or
generation and distribution of power. In this case, the assessee is engaged in trading
activities and the new plant has been acquired and installed in a trading concern. Hence,
the assessee will not be entitled to claim additional depreciation under section 32(1)(iia).
Question 23
State, with reasons, the allowability of the following expenses under the Income-tax Act, 1961
while computing income from business or profession for the Assessment Year 2017-18:
(i) Provision made on the basis of actuarial valuation for payment of gratuity
` 5,00,000. However, no payment on account of gratuity was made before due date of

filing return.
(ii) Purchase of oil seeds of ` 50,000 in cash from a farmer on a banking day.
(iii) Tax on non-monetary perquisite provided to an employee ` 20,000.
(iv) Payment of ` 50,000 by using credit card for fire insurance.
(v) Salary payment of ` 2,00,000 outside India by a company without deduction of tax.
(vi) Sales tax deposited in cash ` 50,000 with State Bank of India.
(vii) Payment made in cash ` 30,000 to a transporter in a day for carriage of goods
Answer
(i) Not allowable as deduction: As per section 40A(7), no deduction is allowed in
computing business income in respect of any provision made by the assessee in his
books of account for the payment of gratuity to his employees except in the following two
cases:
(1) where any provision is made for the purpose of payment of sum by way of
contribution towards an approved gratuity fund or;
(2) where any provision is made for the purpose of making any payment on account of
gratuity that has become payable during the previous year.
Therefore, in the present case, the provision made on the basis of actuarial valuation for
payment of gratuity has to be disallowed under section 40A(7), since, no payment has
been actually made on account of gratuity.
Note: It is assumed that such provision is not for the purpose of contribution towards an
approved gratuity fund.
(ii) Allowable as deduction: As per Rule 6DD, in case the payment is made for purchase of
agricultural produce directly to the cultivator, grower or producer of such agricultural
produce, no disallowance under section 40A(3) is attracted even though the cash
payment for the expense exceeds ` 20,000.
Therefore, in the given case, disallowance under section 40A(3) is not attracted since,
cash payment for purchase of oil seeds is made directly to the farmer.
(iii) Not allowable as deduction: Income-tax of ` 20,000 paid by the employer in respect of
non-monetary perquisites provided to its employees is exempt in the hands of the
employee under section 10(10CC). As per section 40(a)(v), such income-tax paid by the
employer is not deductible while computing business income.
(iv) Allowable as deduction: Payment for fire insurance is allowable as deduction under
section 36(1). Since payment by credit card is covered under Rule 6DD, which contains
the exceptions to section 40A(3), disallowance under section 40A(3) is not attracted in
this case.

4.122 Income-tax
(v) Not allowable as deduction: Disallowance under section 40(a)(iii) is attracted in respect
of salary payment of ` 2,00,000 outside India by a company without deduction of tax at
source.
(vi) Allowable as deduction: As per Rule 6DD, if the payment is made to the Government
and, under the rules framed by it, such payment is required to be made in legal tender,
no disallowance under section 40A(3) is attracted even though the cash payment for the
expense exceeds ` 20,000.
Therefore, in the given case, no disallowance under section 40A(3) is attracted since
payment of sales tax is covered by the above mentioned exception contained in Rule 6DD.
(vii) Allowable as deduction: The limit for attracting disallowance under section 40A(3) for
payment otherwise than by way of account payee cheque or account payee bank draft is
` 35,000 in case of payment made for plying, hiring or leasing goods carriage.
Therefore, in the present case, disallowance under section 40A(3) is not attracted for
payment of ` 30,000 made in cash to a transporter for carriage of goods.
Question 24
Ramji Ltd., engaged in manufacture of medicines (pharmaceuticals), furnishes the following
(i) Municipal tax relating to office building ` 51,000 not paid till 30.09.2017.
(ii) Patent acquired for ` 20,00,000 on 01.09.2016 and used from the same month.
(iii) Capital expenditure on scientific research ` 10,00,000 which includes cost of land
` 2,00,000.
(iv) Amount due from customer X, outstanding for more than 3 years, written off as bad debt
in the books ` 5,00,000.
(v) Income-tax paid ` 90,000 by the company in respect of non-monetary perquisites
provided to its employees.
(vi) Provident fund contribution of employees ` 5,50,000 remitted in July ,2017.
(vii) Expenditure towards advertisement in souvenir of a political party ` 1,50,000.
(viii) Refund of sales tax ` 75,000 received during the year, which was claimed as
expenditure in an earlier year.
State with reasons the taxability or deductibility of the items given above under the Income-tax
Act, 1961.
Note: Computation of total income is not required.
Answer
(i) As per section 43B, municipal tax is not deductible for A.Y. 2017-18 since it is not paid on or
before 30.09.2017, being the due date of filing the return for A.Y. 2017-18.

Note – It is assumed that the company has not undertaken any international transaction
or has not entered into a Specified Domestic transaction during the year, and therefore,
does not have to file a transfer pricing report under section 92E. Therefore, the due date
of filing of return of the company would be 30th September, 2017.
(ii) Patent is an intangible asset eligible for depreciation@25%, as per section 32(2)(ii).
Since it has been acquired and put to use for more than 180 days during the previous
year 2016-17, full depreciation of ` 5,00,000 (i.e. 25% of ` 20,00,000) is allowable as
deduction.
(iii) Weighted deduction@200% is available under section 35(2AB) in respect of expenditure
incurred by a company on scientific research on in-house research and development
facility as approved by the prescribed authority. However, cost of land is not eligible for
deduction.
Deduction under section 35(2AB) = 200% of ` 8 lakhs = ` 16,00,000.
Note: It is presumed that the in-house research and development facility is approved by
the prescribed authority and is hence, eligible for weighted deducted @ 200% under
section 35(2AB).
(iv) Bad debts i.e. ` 5,00,000 written off in the books of account as irrecoverable is
deductible under section 36(1)(vii), provided the debt has been taken into account in
computing the income of the company in the current previous year or any of the earlier
previous years.
(v) As per section 40(a)(v), income-tax of ` 90,000 paid by the company in respect of non-
monetary perquisites provided to its employees, exempt in the employee’s hands under
section 10(10CC), is not deductible while computing business income of the employer–
company.
(vi) The employees’ contribution to provident fund is taxable in the hands of the company
since it is included in the definition of income under section 2(24)(x).
As per section 36(1)(va), provident fund contribution of employees is deductible only if
such sum is credited to the employee’s provident fund account on or before the due date
under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. In this
case, since it is remitted after the due date under the said Act, it is not deductible. This
conclusion is supported by the Hon’ble Gujarat High Court ruling in CIT v. Gujarat State
Road Transport Corporation [(2014) 223 Taxmann 398].
Note: The Delhi High Court, in CIT vs. Aimil Ltd.(2010) 321 ITR 508, has held that
provident fund contribution of employees is deductible in the hands of the employer even
if it is remitted after the due date under the Employees’ Provident Fund and
Miscellaneous Provisions Act, 1952, provided the same is remitted before the due date of
filing return of income.

4.124 Income-tax
(vii) Expenditure towards advertisement in souvenir of a political party is disallowed under

section 37(2B) while computing business income.
However, the same is deductible under section 80GGB from gross total income provided
the payment is made by any mode other than cash.
(viii) Refund of a trading liability is taxable under section 41(1), if a deduction was allowed in
respect of the same to the taxpayer in an earlier year. Since sales tax was claimed as
expenditure in an earlier year, refund of the same during the year would attract the
provisions of section 41(1).
Question 25
Answer the following with reference to the provisions of the Income-tax Act, 1961:
(a) Bad debt claim disallowed in an earlier assessment year, recovered subsequently. Is the
sum recovered chargeable to tax?
(b) Tax deducted at source on salary paid to employees not remitted till the ‘due date’ for
filing the return prescribed in section 139. Is the expenditure to be disallowed under
section 40(a)(ia)?
(c) X Co. Ltd. paid ` 120 lakhs as compensation as per approved Voluntary Retirement
Scheme (VRS) during the financial year 2016-17. How much is deductible under section
35DDA for the assessment year 2017-18?
(d) Bad debt of ` 50,000 written off and allowed in the financial year 2014-15 recovered in
the financial year 2016-17.
Answer
(a) Recovery of a bad debt claim disallowed in the earlier year cannot be brought to tax
under section 41(4). Section 41(4) can be invoked only in a case where bad debts or part
thereof has been allowed as deduction earlier under section 36(1)(vii).
(b) The scope of section 40(a)(ia) has been expanded w.e.f. A.Y. 2016-17 to cover all sums
in respect of which tax is deductible under Chapter XVII-B. Section 192, which requires
deduction of tax at source from salary income, forms part of Chapter XVII-B. Therefore,
salary payment without deduction of tax at source would attract disallowance under
section 40(a)(ia). However, only 30% of salary paid without deduction tax at source
would be disallowed under section 40(a)(ia).
(c) It is deductible in 5 equal annual instalments commencing from the previous year of
payment. ` 24 lakhs, being 1/5th of ` 120 lakhs, is deductible under section 35DDA for
the A.Y.2017-18.
(d) As per section 41(4), any amount recovered by the assessee against bad debt earlier
allowed as deduction shall be taxed as income in the year in which it is received.
Therefore, in this case, ` 50,000 would be taxable in the F.Y.2016-17 (A.Y.2017-18).

Question 26
(a) Payment made in respect of a business expenditure incurred on 16th February, 2016 for
` 25,000 through a cheque duly crossed as "& Co." is hit by the provisions of section
40A(3).
(b) (i) It is a condition precedent to write off in the books of account, the amount due
from debtor to claim deduction for bad debt.
(ii) Failure to deduct tax at source in accordance with the provisions of Chapter XVII-B,
inter alia, from the amounts payable to a resident as rent or royalty, will result in
disallowance while computing the business income where the resident payee has
not paid the tax due on such income.
(c) Co-operative banks are not allowed to claim provision for bad and doubtful debts in
respect of advances made by rural branches of such banks.
Answer
(a) True: In order to escape the disallowance specified in section 40A(3), payment in respect
of the business expenditure ought to have been made through an account payee cheque.
Payment through a cheque crossed as “& Co.” will attract disallowance under section
40A(3).
(b) (i) True: It is mandatory to write off the amount due from a debtor as not receivable in
the books of account, in order to claim the same as bad debt under section
36(1)(vii). However, where the debt has been taken into account in computing the
income of the assessee on the basis of ICDSs notified under section 145(2), without
recording the same in the accounts, then, such debt shall be allowed in the previous
year in which such debt becomes irrecoverable and it shall be deemed that such
debt or part thereof has been written off as irrecoverable in the accounts for the said
purpose.
(ii) True: Section 40(a)(ia) provides that failure to deduct tax at source from rent or
royalty payable to a resident, in accordance with the provisions of Chapter XVII-B,
will result in disallowance of 30% of such expenditure, where the resident payee has
not paid the tax due on such income.
(c) False: Sub-clause (a) of section 36(1)(viia) allows the co-operative banks to claim
deduction for provision for bad and doubtful debts in respect of advances made by rural
branches of such banks. However, the deduction should not exceed 10% of the
aggregate average advances made by the rural branches of such banks computed in the
prescribed manner.

4.126 Income-tax
Question 27
Write short notes on:
(i) Restrictions on deductions allowable to the partnership firm in respect of salary and
interest to its partners under section 40(b) of the Income-tax Act, 1961.
(ii) Carry forward and set off of unabsorbed depreciation.
(iii) Additional depreciation.
Answer
(i) In the case of a partnership firm, the deduction on account of interest and salary paid to
its partners are as subject to the following restrictions contained in section 40(b) -
(i) It should be authorised by and in accordance with the terms of the partnership
deed.
(ii) It should not relate to a period before the date of such deed.
(iii) Remuneration should be paid to a working partner.
(iv) The amounts allowable are subject to the following limits -
(1) In the case of interest
Simple interest up to 12% p.a. is allowable. This restriction is not applicable if
a person is a partner in his representative capacity in the firm and he receives
interest from the firm in his individual capacity. Similarly, the restriction is also
not applicable if a person who is a partner in his individual capacity receives
interest for and on behalf of someone else from the firm in which he is a
partner.
(2) In the case of salary, bonus, commission or remuneration paid by a firm
to its working partners – It should not exceed the amount specified in the
table below -
For all firms
(a) On the first ` 3,00,000 of the book profit ` 1,50,000 or 90% of book
or in case of loss profit, whichever is more
(b) On the balance of the book profit @ 60%
(ii) Section 32(2) provides for carry forward of unabsorbed depreciation.

Where, in any previous year, the profits or gains chargeable are not sufficient to give full
effect to the depreciation allowance, such unabsorbed depreciation shall be added to the
depreciation allowance for the following previous year and shall be deemed to be part of
that allowance.

If there is no depreciation allowance for that previous year, the unabsorbed depreciation
of the earlier previous year shall become the depreciation allowance of that year. The
effect of the provisions of section 32(2) is that unabsorbed depreciation brought forward
shall be deemed as the current year depreciation. Consequently, such unabsorbed
depreciation can be set-off not only against income under the head “Profits and gains of
business or profession” but also against income under any other head. Further, the
unabsorbed depreciation can be carried forward indefinitely till it is fully set off.
However, in the order of set-off losses under different heads of income, effect shall first
be given to current year depreciation, then to brought forward business losses and finally
to unabsorbed depreciation.
(iii) Section 32(1)(iia) provides that in the case of any new machinery or plant (other than
ships and aircraft) acquired and installed after 31.3.2005 by an assessee engaged in the
business of manufacture or production of any article or thing or in the business of
generation or generation and distribution of power, a further sum equal to 20% of the
actual cost of such machinery or plant shall be allowable as a deduction.
The additional depreciation is available to a new machinery or plant used in the
manufacture or production of any article or thing or generation or generation and
distribution of power. Additional depreciation will be taken into consideration for
computing the WDV of the relevant block of assets.
Additional depreciation is not available in respect of the following assets:
(A) any machinery or plant
(i) which has been used in India or outside India by any other person before its
installation by the assessee; or
(ii) installed in any office premises, residential accommodation including
accommodation used in the nature of guest house ; or
(iii) the whole of the actual cost of which is allowed as deduction (whether by way
of depreciation or otherwise) in computing the income under the head “Profits
and gains of business or profession” of any one previous year.
(B) any office appliances or road transport vehicles.
If the new plant and machinery is put to use for less than 180 days during the previous
year, additional depreciation would be restricted to 10% (i.e., 50% of 20%). The balance
additional depreciation can be claimed in the immediately succeeding previous year.
Question 28
Rao & Jain, a partnership firm consisting of two partners, reports a net profit of
` 7,00,000 before deduction of the following items:
(1) Salary of ` 20,000 each per month payable to two working partners of the firm (as
authorized by the deed of partnership).

4.128 Income-tax
(2) Depreciation on plant and machinery under section 32 (computed) ` 1,50,000.

(3) Interest on capital at 15% per annum (as per the deed of partnership). The amount of
capital eligible for interest ` 5,00,000.
Compute:
(i) Book-profit of the firm under section 40(b) of the Income-tax Act, 1961.
(ii) Allowable working partner salary for the assessment year 2017-18 as per section 40(b).
Answer
(i) As per Explanation 3 to section 40(b), “book profit” shall mean the net profit as per the
profit and loss account for the relevant previous year computed in the manner laid down
in Chapter IV-D as increased by the aggregate amount of the remuneration paid or
payable to the partners of the firm if the same has been already deducted while
computing the net profit.
In the present case, the net profit given is before deduction of depreciation on plant and
machinery, interest on capital of partners and salary to the working partners. Therefore,
the book profit shall be as follows:
Computation of Book Profit of the firm under section 40(b)
Particulars ` `
Net Profit (before deduction of depreciation, salary and interest) 7,00,000
Less: Depreciation under section 32 1,50,000
Interest @ 12% p.a. [being the maximum allowable as
per section 40(b)] (5,00,000 × 12%) 60,000 2,10,000
Book Profit 4,90,000
(ii) Salary actually paid to working partners = ` 20,000 × 2 × 12 = ` 4,80,000.
As per the provisions of section 40(b)(v), the salary paid to the working partners is
allowed subject to the following limits -
On the first ` 3,00,000 of book profit ` 1,50,000 or 90% of book profit, whichever is
or in case of loss more
On the balance of book profit 60% of the balance book profit
Therefore, the maximum allowable working partners’ salary for the A.Y. 2017-18 in this
case would be:
Particulars `
On the first ` 3,00,000 of book profit [(` 1,50,000 or 90% of 2,70,000
` 3,00,000) whichever is more]

On the balance of book profit [60% of (` 4,90,000 - ` 3,00,000)] 1,14,000

Maximum allowable partners’ salary 3,84,000
Hence, allowable working partners’ salary for the A.Y. 2017-18 as per the provisions of
section 40(b)(v) is ` 3,84,000.
Question 29
During the financial year 2016-17, the following payments/expenditure were made/incurred by
Mr. Yuvan Raja, a resident individual (whose turnover during the year ended 31.3.2016 was
` 99 lacs) :
(i) Interest of ` 12,000 was paid to Rehman & Co., a resident partnership firm, without
deduction of tax at source;
(ii) Interest of ` 4,000 was paid as interest to Mr. R.D. Burman, a non-resident, without
deduction of tax at source;
(iii) ` 3,00,000 was paid as salary to a resident individual without deduction of tax at source;
(iv) Commission of ` 15,000 was paid to Mr. Vidyasagar on 2.7.2016. without deduction of
tax at source.
Briefly discuss whether any disallowance arises under the provisions of section
40(a)(i)/40(a)(ia) of the Income-tax Act, 1961.
Answer
Disallowance under section 40(a)(i)/40(a)(ia) of the Income-tax Act, 1961 is attracted where
the assessee fails to deduct tax at source as is required under the Act, or having deducted tax
at source, fails to remit the same to the credit of the Central Government within the stipulated
time limit.
The assessee is a resident individual, who was not subjected to tax audit during the
immediately preceding previous year i.e., P.Y.2015-16 (as his turnover was less than ` 100
lakh in that year) and the TDS obligations have to be considered bearing this in mind.
(i) The obligation to deduct tax at source from interest paid to a resident arises under
section 194A in the case of an individual, only where he was subject to tax audit under
section 44AB in the immediately preceding previous year, i.e., P.Y.2015-16. From the
data given, it is clear that he was not subject to tax audit under section 44AB in the
P.Y.2015-16. Hence, disallowance under section 40(a)(ia) is not attracted in this case.
(ii) In the case of interest paid to a non-resident, there is obligation to deduct tax at source
under section 195, hence non-deduction of tax at source will attract disallowance under
section 40(a)(i).
(iii) The scope of section 40(a)(ia) has been expanded w.e.f. A.Y. 2017-18 to cover all sums
in respect of which tax is deductible under Chapter XVII-B. Section 192, which requires

4.130 Income-tax
deduction of tax at source from salary paid, is covered under Chapter XVII-B. Therefore,
disallowance under section 40(a)(ia) is attracted for failure to deduct tax at source under
section 192 from salary payment. However, only 30% of the amount of salary paid
without deduction of tax at source would be disallowed.
(iv) The obligation to deduct tax at source under section 194-H from commission paid in
excess of ` 5,000 to a resident arises in the case of an individual, only where he was
subject to tax audit under section 44AB in the immediately preceding previous year. From
the data given, it is clear that he was not subject to tax audit under section 44AB in the
P.Y.2015-16. Hence, there is no obligation to deduct tax at source under section 194H
during the P.Y. 2016-17. Therefore, disallowance under section 40(a)(ia) is not attracted
in this case.
Question 30
M/s. Arora Ltd., submits the following details of expenditure pertaining to the financial year
2016-17:
(i) Payment of professional fees to Mr. Mani ` 50,000. Tax was not deducted at source.
(ii) Interior works done by Mr. Hari for ` 2,00,000 on a contract basis. Payment made in the
month of March 2017. Tax deducted in March 2016 was paid on 30.06.2017.
(iii) Factory Rent paid to Mr. Rao ` 15,00,000. Tax deducted at source and paid on
01.10.2017.
(iv) Interest paid on Fixed Deposits ` 2,00,000. Tax deducted on 31.12.2016 and paid on
28.09.2017.
Examine the above with reference to allowability of the same in the assessment year 2017-18
under the Income-tax Act, 1961. You answer must be with reference to section 40(a) read with
relevant tax deduction at source provisions. Assume that the due date of filing the return of
income is 30.09.2017.
Answer
Allowability of expenses of M/s. Arora Ltd. for the A.Y. 2017-18
(i) Payment of professional fees is subject to TDS under section 194J. Since no tax is
deducted at source, ` 15,000, being 30% of the expenditure of ` 50,000 is
disallowed under section 40(a)(ia).
(ii) Since the tax was deducted in March, 2017 and paid on or before the due date of
filing the return (i.e., on or before September 30 th, 2017), the expenditure on interior
works will be allowed as deduction. Hence, disallowance under section 40(a)(ia) is
not attracted.

(iii) The maximum time allowable for deposit of tax deducted at source is upto the due date
of filing of return i.e., 30th September, 2017. In this case, since tax deducted under
section 194-I was paid after the due date of filing the return, ` 4,50,000 being 30% of
` 15,00,000 is disallowed under section 40(a)(ia) for the previous year 2016-17.
(iv) The tax deducted at source can be deposited on or before the due date of filing of
return to avoid disallowance under section 40(a)(ia). In this case, disallowance would
not be attracted since tax deducted during December 2016 was deposited before 30th
September 2017 i.e. on 28.09.2017.
Question 31
Vinod is a person carrying on profession as film artist. His gross receipts from profession are
as under: `
Financial year 2014-15 1,15,000
What is his obligation regarding maintenance of books of accounts for each Assessment Year
under section 44AA of Income-tax Act, 1961?
Answer
Section 44AA(1) requires every person carrying on any profession, notified by the Board in the
Official Gazette (in addition to the professions already specified therein), to maintain such
books of account and other documents as may enable the Assessing Officer to compute his
total income in accordance with the provisions of the Income-tax Act, 1961.
Thus, a person carrying on a notified profession shall be required to maintain specified books
of accounts:
(i) if his gross receipts in all the three years immediately preceding the relevant previous
year has exceeded ` 1,50,000; or
(ii) if it is a new profession which is setup in the relevant previous year, it is likely to exceed
` 1,50,000 in that previous year.
In the present case, Vinod is a person carrying on profession as film artist, which is a notified
profession. Since his gross receipts have not exceeded ` 1,50,000 in financial year 2014-15,
the requirement under section 44AA to compulsorily maintain the prescribed books of account
is not applicable to him.
Question 32
Ramamurthy had 4 heavy goods vehicles as on 1.4.2016. He acquired 7 heavy goods vehicles
on 27.6.2016. He sold 2 heavy goods vehicles on 31.5.2016.
He has brought forward business loss of ` 50,000 relating to assessment year 2013-14 of a
discontinued business. Assuming that he opts for presumptive taxation of income as per
section 44AE, compute his total income chargeable to tax for the assessment year 2017-18.

4.132 Income-tax
Answer
Computation of total income of Mr. Ramamurthy for A.Y.2017-18
Particulars `
Presumptive business income under section 44AE
4 heavy goods vehicles for 2 months (4 x ` 7,500 x 2) 60,000
Balance 2 heavy goods vehicles for 10 months (2 x ` 7,500 x 10) 1,50,000
7 heavy goods vehicles for 10 months (7 x ` 7,500 x10) 5,25,000
Business Income 7,35,000
Less: Brought forward business loss of discontinued business 50,000
Note: The assessee is eligible for computing the income from goods carriages applying the
presumptive provisions of section 44AE, since he does not own more than 10 goods carriages
at any time during the previous year.
Question 33
Mr. Praveen engaged in retail trade, reports a turnover of ` 1,98,50,000 for the financial year
2016-17. His income from the said business as per books of account is computed at
` 13,20,000. Retail trade is the only source of income for Mr. Praveen.
(i) Is Mr. Praveen eligible to opt for presumptive determination of his income chargeable to
tax for the assessment year 2017-18?
(ii) If so, determine his income from retail trade as per the applicable presumptive provision.
(iii) In case Mr. Praveen does not opt for presumptive taxation of income from retail trade,
what are his obligations under the Income-tax Act, 1961?
(iv) What is the due date for filing his return of income under both the options?
Answer
(i) Yes. Since his total turnover for the F.Y.2016-17 is below ` 200 lakhs, he is eligible to
opt for presumptive taxation scheme under section 44AD in respect of his retail trade
business.
(ii) His income from retail trade, applying the presumptive tax provisions under section
44AD, would be ` 15,88,000, being 8% of ` 1,98,50,000.
(iii) Section 44AB makes it obligatory for every person carrying on business to get his
accounts of any previous year audited if his total sales, turnover or gross receipts exceed
` 1 crore. However, if an eligible person opts for presumptive taxation scheme as per
section 44AD(1), he shall not be required to get his accounts audited if the total turnover
or gross receipts of the relevant previous year does not exceed ` 2 crore. The CBDT,

has vide its Press Release dated 20th June, 2016, clarified that the higher threshold for
non-audit of accounts has been given only to assessees opting for presumptive taxation
scheme under section 44AD.
In this case, if Mr. Praveen does not opt for the presumptive taxation scheme under
section 44AD, he has to get his books of accounts audited and furnish a report of such
audit under section 44AB, since his turnover exceeds ` 1 crore during the P.Y.2016-17.
(iv) In case he opts for the presumptive taxation scheme under section 44AD, the due date
would be 31st July, 2017.
In case he does not opt for the presumptive taxation scheme, he is required to get his
books of account audited, in which case the due date for filing of return would be 30th
September, 2017.
Question 34
Mr. Sukhvinder is engaged in the business of plying goods carriages. On 1st April, 2016, he
owns 10 trucks (out of which 6 are heavy goods vehicles). On 2nd May, 2016, he sold one of
the heavy goods vehicles and purchased a light goods vehicle on 6 th May, 2016. This new
vehicle could however be put to use only on 15 th June, 2016.
Compute the total income of Mr. Sukhvinder for the assessment year 2017-18, taking note of
the following data:
Particulars ` `
Freight charges collected 12,70,000
Less : Operational expenses 6,25,000
Depreciation as per section 32 1,85,000
Other office expenses 15,000 8,25,000
Net Profit 4,45,000
Other business and non- business income 70,000
Answer
Section 44AE would apply in the case of Mr. Sukhvinder since he is engaged in the business
of plying goods carriages and owns not more than ten goods carriages at any time during the
previous year.
Section 44AE provides for computation of business income of such assessees on a
presumptive basis. The income shall be deemed to be ` 7,500 from each goods carriage
(whether it is heavy or light vehicle) - for every month or part the month during which such
carriage vehicle is owned by the assessee in the previous year or such higher sum as
declared by the assessee in his return of income.
Mr. Sukhvinder’s business income calculated applying the provisions of section 44AE is
` 9,07,500 (See Notes 1 & 2 below) and his total income would be ` 9,77,500.

4.134 Income-tax
However, as per section 44AE(7), Mr. Sukhvinder may claim lower profits and gains if he
keeps and maintains proper books of account as per section 44AA and gets the same audited
and furnishes a report of such audit as required under section 44AB. If he does so, then his
income for tax purposes from goods carriages would be ` 4,45,000 instead of ` 9,07,500
and his total income would be ` 5,15,000.
Notes :
1. Computation of total income of Mr. Sukhvinder for A.Y. 2017-18
Particulars Presumptive Where books
income are
maintained
Income from business of plying goods carriages
[See Note 2 Below] 9,07,500 4,45,000
Other business and non business income 70,000 70,000
Total Income 9,77,500 5,15,000
2. Calculation of presumptive income as per section 44AE
Type of carriage No. of Rate per Amount
months month
(1) (2) (3) (4)
9 goods carriage – held throughout the year 12 7,500 8,10,000
1 goods carriage – held upto 2nd May 2 7,500 15,000
1 goods carriage – held from 6th May 11 7,500 82,500
Total 9,07,500
Question 35
X Ltd. follows mercantile system of accounting. After negotiations with the bank, interest of
` 4 lakhs (including interest of ` 1.2 lakhs pertaining to year ended 31.03.2017 has been
converted into loan. Can the interest of ` 1.2 lakhs so capitalized be claimed as business
expenditure?
Answer
Under section 43B, interest on term loans and advances to scheduled banks shall be allowed
only in the year of payment of such interest irrespective of the method of accounting followed
by the assessee.
Explanation 3D to section 43B provides that if any interest payable by the assessee is
converted into a loan, the interest so converted and not “actually paid” shall not be deemed as
actual payment, and hence would not be allowed as deduction. Therefore, the interest of `
1.2 lakhs converted into loan cannot be claimed as business expenditure.

Question 36
Mr. B.A. Patel, a non-resident, operates an aircraft between London to Ahmedabad. For the
Financial year ended on 31st March, 2017, he received the amounts as under:
(i) For carrying passengers from Ahmedabad ` 50 lacs.
(ii) For carrying passengers from London ` 75 lacs received in India.
(iii) For carrying of goods from Ahmedabad ` 25 lacs.
The total expenditure incurred by Mr. B.A. Patel for the purposes of the business for the
financial year 2016-17 was ` 1.4 crores.
Compute the income of Mr. B.A. Patel under the head “Profits and Gains from business or
profession” for the financial year ended on 31st March 2017 relevant to assessment year 2017-18.
Answer
Under section 44BBA, in case of an assessee, being a non-resident, engaged in the business
of operation of aircraft, a sum equal to 5% of the aggregate of the following amounts shall be
deemed to be his business income:
(a) the amount paid or payable, whether in or out of India, to the assessee on account of
carriage of passengers, goods etc. from any place in India; and
(b) the amount received or deemed to be received in India by the assessee on account of
carriage of passengers, goods etc. from any place outside India.
Hence, the income of Mr. B.A. Patel chargeable to tax in India under the head “Profits and
Gains of business or profession” is determined as under:
Particulars `
(i) For carrying passengers from Ahmedabad 50,00,000
(ii) For carrying passengers from London, amount received in India 75,00,000
(iii) For carrying goods from Ahmedabad 25,00,000
Total 1,50,00,000
Hence, income from business computed on presumptive basis as per section 44BBA is
` 7,50,000, being 5% of ` 1,50,00,000.
Note: No deduction is allowable in respect of any expenditure incurred for the purpose of the
business.
Question 37
List items of expenses which otherwise are deductible shall be disallowed, unless payments
are actually made within the due date for furnishing the return of income under Section 139(1).
When can the deduction be claimed, if paid after the said date?

4.136 Income-tax
Answer
Section 43B provides that the following expenses shall not be allowed as deduction unless the
payments are actually made within the due date for furnishing the return of income under
section 139(1):
(i) Any tax, duty, cess or fees under any law in force.
(ii) Any sum payable by the assessee as an employer by way of contribution to provident
fund or superannuation fund or gratuity fund or any other fund for the welfare of the
employees;
(iii) Any bonus or commission for services rendered payable to employees;
(iv) Any interest on any loan or borrowings from any public financial institution or State
financial corporation or State industrial investment corporation;
(v) Interest on loans and advances from a scheduled bank;
(vi) Any sum paid as an employer in lieu of earned leave at the credit of his employee.
(vii) Any sum payable by the assessee to the Indian Railways for the use of railway assets.
In case the payment is made after the due date of filing of return of income, deduction can be
claimed only in the year of actual payment.
Question 38
Mr. Asim, a 60 year old individual, engaged in the business of roasting and grounding of
coffee, derives income of ` 10 lacs during the financial year 2016-17. Compute the tax
payable by him assuming he has not earned any other income during the financial year
2016-17. What would be your answer if Mr. Asim is also engaged in the business of growing
and curing coffee?
Answer
If Mr. Asim is engaged only in the business of roasting and grounding of coffee (and not
growing and curing of coffee), his entire income of ` 10 lakhs would be treated as business
income and his tax liability would be ` 1,23,600 (` 1,20,000+` 2,400+` 1,200).
If Mr. Asim is also engaged in the business of growing and curing of coffee, in addition to
roasting and grounding of coffee, the provisions of Rule 7B of the Income-tax Rules, 1962
would apply. As per Rule 7B, where income is derived from the sale of coffee grown, cured,
roasted and grounded by the seller in India, 40% of such income shall be treated as business
income and the balance as agricultural income.
Therefore, in such a case, the business income would be 40% of ` 10,00,000
= ` 4,00,000

Calculation of tax liability for A.Y 2017-18

Particulars `
Tax on ` 10,00,000 [being the aggregate of non-agricultural income (i.e. 1,20,000
` 4,00,000) and agricultural income (i.e. ` 6,00,000)]
Less: Tax on ` 9,00,000 [being aggregate of agricultural income (i.e.
` 6,00,000) and basic exemption limit (i.e. ` 3,00,000)]
1,00,000
20,000
Less: Rebate u/s 87A 5,000
15,000
Add: Education cess @ 2% 300
Question 39
Mr. Tenzingh is engaged in composite business of growing and curing (further processing)
coffee in Coorg, Karnataka. The whole of coffee grown in his plantation is cured. Relevant
information pertaining to the year ended 31.3.2017 are given below:
Particulars `
WDV of car as on 1.4.2016 3,00,000
WDV of machinery as on 1.4.2016 (15% rate) 15,00,000
Expenses incurred for growing coffee 3,10,000
Expenditure for curing coffee 3,00,000
Sale value of cured coffee 22,00,000
Besides being used for agricultural operations, the car is also used for personal use;
disallowance for personal use may be taken at 20%. The expenses incurred for car running
and maintenance are ` 50,000. The machines were used in coffee curing business
operations.
Compute the income arising from the above activities for the assessment year 2017-18. Show
the WDV of the assets as on 1.4.2017.
Answer
Where an assessee is engaged in the composite business of growing and curing of coffee, the
income will be segregated between agricultural income and business income, as per Rule 7B
of the Income-tax Rules, 1962.
As per the above Rule, income derived from sale of coffee grown and cured by the seller in
India shall be computed as if it were income derived from business, and 25% of such income

4.138 Income-tax
shall be deemed to be income liable to tax. The balance 75% will be treated as agricultural
income.
Particulars ` ` `
Sale value of cured coffee 22,00,000
Less: Expenses for growing coffee 3,10,000
Car expenses (80% of ` 50,000) 40,000
Depreciation on car (80% of 15% of
` 3,00,000) [See Computation below] 36,000
Total cost of agricultural operations 3,86,000
Expenditure for coffee curing operations 3,00,000

Add: Depreciation on machinery 2,25,000
(15% of 15,00,000) [See Computation below]
Total cost of the curing operations 5,25,000
Total cost of composite operations 9,11,000
Total profits from composite activities 12,89,000
Business income (25% of above) 3,22,250

Agricultural income (75% of above) 9,66,750
Computation of value of depreciable assets as on 31.3.2017
Particulars ` ` `
Car Opening value as on 1.4.2016 3,00,000
Depreciation thereon at 15% 45,000
Less: Disallowance @20% for personal use 9,000
Depreciation actually allowed 36,000
WDV as on 1.4.2017 2,64,000
Machinery Opening value as on 1.4.2016 15,00,000
Less: Depreciation @ 15% 2,25,000
WDV as on 1.4.2017 12,75,000
Explanation 7 to section 43(6) provides that in cases of ‘composite income’, for the purpose of
computing written down value of assets acquired before the previous year, the total amount of
depreciation shall be computed as if the entire composite income of the assessee (and not just
25%) is chargeable under the head “Profits and gains of business or profession”. The
depreciation so computed shall be deemed to have been “actually allowed” to the assessee.

Question 40
Miss Vivitha, a resident and ordinarily resident in India, has derived the following income from
various operations (relating to plantations and estates owned by her) during the year ended
31-3-2017:
S. No. Particulars `
(i) Income from sale of centrifuged latex processed from rubber 3,00,000
plants grown in Darjeeling.
(ii) Income from sale of coffee grown and cured in Yercaud, Tamil 1,00,000
Nadu.
(iii) Income from sale of coffee grown, cured, roasted and grounded, 2,50,000
in Colombo. Sale consideration was received at Chennai.
(iv) Income from sale of tea grown and manufactured in Shimla. 4,00,000
(v) Income from sapling and seedling grown in a nursery at Cochin. 80,000
Basic operations were not carried out by her on land.
You are required to compute the business income and agricultural income of Miss Vivitha for
the assessment year 2017-18.
Answer
Computation of business income and agricultural income of Ms. Vivitha for the A.Y.2017-18
Business Agricultural
Sr. Gross income income
Source of income
No. (` )
% ` `
(i) Sale of centrifuged latex from rubber 3,00,000 35% 1,05,000 1,95,000
plants grown in India.
(ii) Sale of coffee grown and cured in 1,00,000 25% 25,000 75,000
India.
(iii) Sale of coffee grown, cured, roasted 2,50,000 100% 2,50,000 -
and grounded outside India. (See
Note 1 below)
(iv) Sale of tea grown and manufactured 4,00,000 40% 1,60,000 2,40,000
in India
(v) Saplings and seedlings grown in
nursery in India (See Note 2 below) 80,000 Nil 80,000
Total 5,40,000 5,90,000

4.140 Income-tax
Notes:
1. Where income is derived from sale of coffee grown, cured, roasted and grounded by the
seller in India, 40% of such income is taken as business income and the balance as
agricultural income. However, in this question, these operations are done in Colombo, Sri
lanka. Hence, there is no question of such apportionment and the whole income is
taxable as business income. Receipt of sale proceeds in India does not make this
agricultural income. In the case of an assessee, being a resident and ordinarily resident,
the income arising outside India is also chargeable to tax.
2. Explanation 3 to section 2(1A) provides that the income derived from saplings or
seedlings grown in a nursery would be deemed to be agricultural income whether or not
the basic operations were carried out on land.
Question 41
Mr. Tony has estates in Rubber, Tea and Coffee. He derives income from them. He has also a
nursery wherein he grows and sells plants. For the previous year ending 31.3.2017, he
furnishes the following particulars of his sources of income from estates and sale of plants.
You are requested to compute the taxable income for the Assessment Year 2017-18:
(i) Manufacture of Rubber 5,00,000
(ii) Manufacture of Coffee grown and cured 3,50,000
(iii) Manufacture of Tea 7,00,000
(iv) Sale of plants from Nursery 1,00,000
Answer
Computation of taxable income of Mr. Tony for A.Y.2017-18
Particulars Business Agricultural
Income Income
(` ) (` )
(a) Income from manufacture of rubber (Rule 7A)
Business income is 35% of ` 5,00,000 1,75,000
Agricultural income is 65% of ` 5,00,000 3,25,000
(b) Income from growing and curing of coffee (Rule 7B)
Business income is 25% of ` 3,50,000 87,500
(c) Income from manufacture of tea (Rule 8)
Business income is 40% of ` 7,00,000 2,80,000


(d) Income from sale of plants in nursery is agricultural
income [See Note below] Nil 1,00,000
5,42,500 11,07,500
Note: Explanation 3 to Section 2(1A) provides that the income derived from saplings or
seedlings grown in a nursery would be deemed to be agricultural income, whether or not the
basic operations were carried out on land.
Question 42
Mr. Gupta is having a trading business and his Trading and Profit & Loss Account for the
financial year 2016-17 is as under:
Particulars Amount Particulars Amount
(` ) (` )
To Opening stock 1,00,000 By Sales 2,70,00,000
To Purchase 2,49,00,000 By Closing stock 50,000
To Gross profit 20,50,000
Total 2,70,50,000 Total 2,70,50,000
Salary to employees (Including 5,00,000 By Gross Profit b/d 20,50,000
Contribution to PF)
Donation to Prime Minister Relief
Fund 1,00,000
Provision for bad debts 50,000
Bonus to employees 50,000
Interest on bank loan 50,000
Family planning expenditure 20,000
incurred on employees
Depreciation 30,000
Income-tax 1,00,000
To Net profit 11,50,000
Total 20,50,000 Total 20,50,000
Other information:
(i) Depreciation allowable ` 40,000 as per Income-tax Rules, 1962.
(ii) No deduction of tax at source on payment of interest on bank loan has been made.
(iii) Out of salary, ` 25,000 pertains to his contributions to recognized provident fund which
was deposited after the due date of filing return of income. Further, employees
contribution of ` 25,000 was also deposited after the due date of filing return of income.
Calculate gross total income of Mr. Gupta for the Assessment Year 2017-18.

4.142 Income-tax
Answer
Computation of Gross Total Income of Mr. Gupta for the A.Y. 2017-18
Particulars ` `
Income from Business or profession
Net profit as per Profit and Loss Account 11,50,000
Add : Expenses not deductible
Donation to Prime Minister Relief Fund (Refer Note 1) 1,00,000
Provision for bad debts (Refer Note 2) 50,000
Family planning expenditure incurred on employees 20,000
(Refer Note 3)
Depreciation as per Profit and Loss Account 30,000
Income-tax (Refer Note 4) 1,00,000
Employer’s contribution to recognized provident fund
(Note 5) 25,000 3,25,000
14,75,000
Less : Expense allowed
Depreciation as per Income-tax Rules, 1962 40,000
14,35,000
Add : Employee’s contribution included in income as per
Section 2(24)(x) (Refer Note 6) 25,000
Business Income / Gross Total Income 14,60,000
Notes:-
(1) Donation to Prime Minister Relief Fund is not allowed as deduction from the business
income. It is allowed as deduction under section 80G from the gross total income.
(2) Provisions for bad debts is allowable as deduction under section 36(1)(viia) (subject to
the limits specified therein) only in case of banks, public financial institutions, State
Financial Corporation and State Industrial Investment Corporation. Therefore, it is not
allowable as deduction in the case of Mr. Gupta.
(3) Expenditure on family planning is allowed as deduction under section 36(1)(ix) only to a
company assessee. Therefore, such expenditure is not allowable as deduction in the
hands of Mr. Gupta.
(4) Income-tax paid is not allowed as deduction as per the provisions of section 40(a)(ii).

(5) Since, Mr. Gupta’s contribution (by the employer) to recognized provident fund is
deposited after the due date of filing return of income, the same is disallowed as per
provisions of section 43B.
(6) Employee’s contribution is includible in the income of the employer by virtue of Section
2(24)(x). The deduction for the same is not provided for as it was deposited after the due
date.
(7) TDS provisions under section 194A are not attracted in respect of payment of interest on
bank loan. Therefore, disallowance under section 40(a)(ia) is not attracted in this case.
Question 43
Mr. Raju, a manufacturer at Chennai, gives the following Manufacturing, Trading and Profit &
Loss Account for the year ended 31.03.2017:
Manufacturing, Trading and Profit & Loss Account for the year ended 31.03.2017
Particulars ` Particulars `
To Opening Stock 71,000 By Sales 2,32,00,000
To Purchase of Raw Materials 2,16,99,000 By Closing stock 2,00,000
To Manufacturing Wages & Expenses 5,70,000
To Gross Profit 10,60,000
2,34,00,000 2,34,00,000
To Administrative charges 3,26,000 By Gross Profit 10,60,000

To State VAT penalty 5,000 By Dividend from 15,000
domestic companies
To State VAT paid 1,10,000 By Income from 1,80,000
agriculture (net)
To General Expenses 54,000
To Interest to Bank 60,000
(On machinery term loan)
To Depreciation 2,00,000
To Net Profit 5,00,000
12,55,000 12,55,000
Following are the further information relating to the financial year 2016-17:
(i) Administrative charges include ` 46,000 paid as commission to brother of the assessee.
The commission amount at the market rate is ` 36,000.

4.144 Income-tax
(ii) The assessee paid ` 33,000 in cash to a transport carrier on 29.12.2016. This amount is
included in manufacturing expenses (Assume that the provisions relating to TDS are not
applicable to this payment.)
(iii) A sum of ` 4,000 per month was paid as salary to a staff throughout the year and this
has not been recorded in the books of account.
(iv) Bank term loan interest actually paid upto 31.03.2017 was ` 20,000 and the balance
was paid in October 2017.
(v) Housing loan principal repaid during the year was ` 50,000 and it relates to residential
property occupied by him. Interest on housing loan was ` 23,000. Housing loan was
taken from Canara Bank. These amounts were not dealt with in the profit and loss
account given above.
(vi) Depreciation allowable under the Act is to be computed on the basis of following
information:
Plant & Machinery (Depreciation rate @ 15%) `
Opening WDV (as on 01.04.2016) 12,00,000
Additions during the year (used for more than 180 days) 2,00,000
Total additions during the year 4,00,000
Note: Ignore additional depreciation under section 32(1)(iia)
Compute the total income of Mr. Raju for the assessment year 2017-18.
Note: Ignore application of section 14A for disallowance of expenditures in respect of any
exempt income.
Answer
Computation of total income of Mr. Raju for the A.Y. 2017-18
Particulars ` `
Profits and gains of business or profession
Net profit as per profit and loss account 5,00,000
Add: Excess commission paid to brother disallowed under section 10,000
40A(2)
Disallowance under section 40A(3) is not attracted since the Nil
limit for one time cash payment is ` 35,000 in respect of
payment to transport operators. Therefore, amount of
` 33,000 paid in cash to a transport carrier is allowable as
deduction.
Salary paid to staff not recorded in the books (Assuming that 48,000
the expenditure is in the nature of unexplained expenditure

and hence, is deemed to be income as per section 69C and

would be taxable @ 30% under section 115BBE – no
deduction allowable in respect of such expenditure) [See
Note 1 below]
Bank term loan interest paid after the due date of filing of 40,000
return under section 139(1) – disallowed as per section 43B
State VAT penalty paid disallowed [See Note 2 below] 5,000
Depreciation debited to profit and loss account 2,00,000 3,03,000
8,03,000
Less: Dividend from domestic companies [Exempt under section 15,000
10(34)]
Income from agriculture [Exempt under section 10(1)] 1,80,000
Depreciation under the Income-tax Act, 1961 (As per
working note) 2,25,000 4,20,000
3,83,000
Annual value of self-occupied property Nil
Less: Deduction under section 24(b) – interest on housing loan 23,000 (23,000)
Less: Deduction under section 80C in respect of Principal
repayment of housing loan 50,000
Working Note:
Computation of depreciation under the Income-tax Act, 1961
Particulars `
Depreciation@15% on ` 14 lakh (Opening WDV of ` 12 lakh plus assets
purchased during the year and used for more than 180 days ` 2 lakh) 2,10,000
Depreciation @7.5% on ` 2 lakh (Cost of assets used for less than 180 days) 15,000
2,25,000
Notes (Alternate views):
1. It is also possible to take a view that the salary not recorded in the books of account was
an erroneous omission and that the assessee has offered satisfactory explanation for the
same. In such a case, the same should not be added back as unexplained expenditure,
but would be allowable as deduction while computing profits and gains of business and
profession.

4.146 Income-tax
2. Where the imposition of penalty is not for delay in payment of sales tax or VAT but for
contravention of provisions of the Sales Tax Act (or VAT Act), the levy is not
compensatory and therefore, not deductible. However, if the levy is compensatory in
nature, it would be fully allowable. Where it is a composite levy, the portion which is
compensatory is allowable and that portion which is penal is to be disallowed.
Since the question only mentions “State VAT penalty paid” and the reason for levy of
penalty is not given, it has been assumed that the levy is not compensatory and
therefore, not deductible. It is, however, possible to assume that such levy is
compensatory in nature and hence, allowable as deduction. In such a case, the total
income would be ` 3,05,000.
Question 44
Mr. Sivam, a retail trader of Cochin gives the following Trading and Profit and Loss Account
for the year ended 31st March, 2017:
Trading and Profit and Loss Account for the year ended 31.03.2017
To Opening stock 90,000 By Sales 1,12,11,500
To Purchases 1,10,04,000 By Closing stock 1,86,100
To Gross Profit -
3,03,600
1,13,97,600
1,13,97,600
To Salary 60,000 By Gross profit b/d 3,03,600
To Rent and rates 36,000 By Income from UTI 2,400
To Interest on loan 15,000
To Depreciation 1,05,000
To Printing & stationery 23,200
To Postage & telegram 1,640
To Loss on sale of shares 8,100
(Short term)
To Other general expenses 7,060
To Net Profit 50,000
3,06,000 3,06,000
Additional Information:
(i) It was found that some stocks were omitted to be included in both the Opening and
Closing Stock, the values of which were:

Opening stock ` 9,000

Closing stock ` 18,000
(ii) Salary includes ` 10,000 paid to his brother, which is unreasonable to the extent of
` 2,000.
(iii) The whole amount of printing and stationery was paid in cash by way of one time payment.
(iv) The depreciation provided in the Profit and Loss Account ` 1,05,000 was based on the
following information :
The written down value of plant and machinery is ` 4,20,000 as on 01.04.2016. A new
plant falling under the same block of depreciation was bought on 1.7.2016 for ` 70,000.
Two old plants were sold on 1.10.2016 for ` 50,000.
(v) Rent and rates includes sales tax liability of ` 3,400 paid on 7.4.2017.
(vi) Other general expenses include ` 2,000 paid as donation to a Public Charitable Trust.
You are required to advise Mr. Sivam whether he can opt for presumptive taxation under section
44AD and if so, whether it would be beneficial for him to declare income as per section 44AD.
Assume that he has not opted for presumptive taxation scheme in any earlier previous year.
Answer
Computation of business income of Mr. Sivam for the A.Y. 2017-18
Particulars ` `
Net Profit as per profit and loss account 50,000
Add: Inadmissible expenses / losses
Under valuation of closing stock 18,000
Salary paid to brother – unreasonable [Section 2,000
40A(2)]
Printing and stationery paid in cash [Section 40A(3)] 23,200
Depreciation (considered separately) 1,05,000
Short term capital loss on shares 8,100
Donation to public charitable trust 2,000 1,58,300
2,08,300
Less: Deductions items:
Under valuation of opening stock 9,000
Income from UTI [Exempt under section 10(35)] 2,400 11,400
Business income before depreciation 1,96,900
Less: Depreciation (See Note 1) 66,000
1,30,900

4.148 Income-tax
Computation of business income as per section 44AD -

As per section 44AD, the business income would be 8% of turnover i.e., 1,12,11,500 x 8 /100
= ` 8,96,920
The business income under section 44AD is ` 8,96,920.
In this case, Mr. Sivam is eligible to opt for presumptive taxation under section
44AD, since his turnover does not exceed ` 2 crore in the P.Y.2016-17. However,
in his case, business income as per the normal provisions of the Act is lower than
the presumptive income of ` 8,96,920 computed under section 44AD. Therefore, it
is beneficial for him to compute business income as per the normal provisions of the
Act. However, since his turnover exceeds ` 1 crore, he has to get his books of
account audited under section 44AB, if he does not opt to declare his income as per
the presumptive tax provisions of section 44AD.
Further, if he declares income as per presumptive tax provisions of section 44AD
this year i.e., P.Y.2016-17, and he does not opt for presumptive taxation in any of
the five succeeding previous years (i.e., from P.Y.2017-18 to P.Y.2021-22), say, for
instance, in P.Y.2017-18, then he will not be eligible to opt for presumptive taxation
for five assessment years succeeding the A.Y. 2018-19 relevant to the P.Y. 2017-18.
Notes:
1. Calculation of depreciation
Particulars `
WDV of the block of plant & machinery as on 1.4.2016 4,20,000
Add : Cost of new plant & machinery 70,000
4,90,000
Less : Sale proceeds of assets sold 50,000
WDV of the block of plant & machinery as on 31.3.2017 4,40,000
Depreciation @ 15% 66,000
No additional depreciation is allowable as the assessee is not engaged
in manufacture or production of any article.
2. Since sales-tax liability has been paid before the due date of filing return of income under
section 139(1), the same is deductible.
Question 45
Following is the profit and loss account of Mr. Q for the year ended 31-03-2017:

To Repairs on Building 1,81,000 By Gross Profit 6,01,000
To Amount paid to IIT, Mumbai By I.T. Refund 8,100
for an approved scientific By Interest on Company Deposits 6,400
research programme 1,00,000
To Interest 1,10,000
To Travelling 1,30,550
6,15,500 6,15,500
Following additional information is furnished:
(1) Repairs on building includes ` 1,00,000 being cost of building a new room.
(2) Interest payments include ` 50,000 on which tax has not been deducted and penalty for
contravention of Central Sales Tax Act of ` 24,000.
Compute the income chargeable under the head "Profits and gains of Business or Profession"
of Mr. Q for the year ended 31-03-2017 ignoring depreciation.
Answer
Computation of income under the head “Profits and gains of business or profession” of
Mr. Q for the A.Y. 2017-18
Particulars ` `
Net profit as per profit and loss account 93,950
Add: Expenses not allowable
(i) Expenses on building a new room – Capital expenditure,
hence not allowable as per section 37(1). 1,00,000
(ii) Interest payable on which tax has not been deducted at
source [disallowed under section 40(a)] [See Note 1] 15,000
(iii) Penalty for contravention of Central Sales Tax Act [Penalty
paid for violation or infringement of any law is not allowable as
deduction under section 37(1)] 24,000
(iv) Payment to IIT, Mumbai for scientific research programme (to
be treated separately) 1,00,000 2,39,000
3,32,950
Less: Income not forming part of business income
Interest from company deposits (chargeable under the head
“Income from other sources”)(See Note 2 below) 6,400

4.150 Income-tax
Income-tax refund (not an income chargeable to tax) 8,100 14,500

3,18,450
Less: Weighted deduction@200% under section 35(2AA) for
payment to IIT for an approved scientific research program. 2,00,000
Profit and gains of business or profession 1,18,450
Note –1. Section 40(a)(ia) provides for disallowance of 30% of any sum paid, on which tax is
deductible under Chapter XVII-B, but the same has not been deducted. Hence, ` 15,000 being
30% of ` 50,000 has to be added back while computing business income.
2. Interest on company deposits may also be treated as business income presuming that the
interest has been earned by Mr. Q out of available temporary surplus funds which are not
immediately required for his business purposes but nevertheless meant only for Mr. Q’s business
activities. In such a case, income under the head “Profit and gains of business or profession” would
be ` 1,24,850.
Question 46
Following is the profit and loss account of Mr. A for the year ended 31.3.2017:
To Repairs on building 1,30,000 By Gross profit 6,01,000
To Advertisement 51,000 By Income Tax Refund 4,500
To Amount paid to Scientific 1,00,000 By Interest from 6,400
Research Association company deposits
approved u/s 35
To Interest 1,10,000 By Dividends 3,600
To Traveling 1,30,000
6,15,500 6,15,500
Following additional information is furnished:
(1) Repairs on building includes ` 95,000 being cost of raising a compound wall for the own
business premises.
(2) Interest payments include interest of ` 12,000 payable outside India to a non-resident
Indian on which tax has not been deducted and penalty of ` 24,000 for contravention of
Central Sales Tax Act.
Compute the income chargeable under the head ‘Profits and gains of business or profession’
of Mr. A for the year ended 31.3.2017 ignoring depreciation.

Answer
Profits and gains of business or profession of Mr. A for the year ended 31.3.2017
Particulars ` `
Net profit as per profit and loss account 94,500
(i) Expenses on raising compound wall – capital expenditure,
hence disallowed 95,000
(ii) Interest payable outside India to a non-resident, as tax has 12,000
not been deducted at source [Section 40(a)(i)]
(iii) Penalty for contravention of CST Act [Penalty paid for
violation or infringement of any law is not allowable as 24,000
deduction under section 37(1)]
(iv) Contribution for scientific research (to be treated separately) 1,00,000 2,31,000
3,25,500
Interest from company deposits 6,400
Dividend 3,600
Income-tax refund 4,500 14,500
3,11,000
Less: Deduction under section 35 for scientific research [See
Note below] 1,75,000
Profit and gains of business or profession 1,36,000
Note: Contribution to approved scientific research association qualifies for deduction @ 175%
under section 35(1)(ii).
Question 47
Briefly explain the term "substantial interest". State three situations in which the same
assumes importance.
Answer
As per Explanation to section 40A(2), a person shall be deemed to have a substantial interest
in a business or profession, if, -
(1) in case where the business or profession is carried on by a company, such person who,
at any time during the previous year, is the beneficial owner of shares (not being shares
entitled to a fixed rate of dividend, whether with or without a right to participate in profits),
carrying not less than 20% of the voting power.
(2) In any other case, such person who, at any time during the previous year, is beneficially
entitled to not less than 20% of the profits of such business or profession.

4.152 Income-tax
Following are the situations under which the substantial interest assumes importance -
(i) Taxability of deemed dividend under section 2(22)(e);
(ii) Disallowance of excessive or unreasonable expenditure under section 40A(2) to an
individual who has a substantial interest in the business or profession of the assessee,
and
(iii) Clubbing of salary income of spouse, under section 64(1)(ii) in respect of remuneration
received by the spouse from a concern in which the individual has a substantial interest.
Question 48
Raghav Industries Ltd. furnishes you the following information for the year ended 31-03-2017:
(i) Scientific research expenditure related to its business ` 2,40,000 fully revenue in nature.
(ii) Building acquired for scientific research (including cost of land ` 5,00,000) in June 2016
for ` 12,00,000.
(iii) Amount paid to Indian Institute of Science, Bangalore for scientific research
` 50,000.
(iv) Demerger expenses incurred in financial year 2015-16 ` 5,00,000.
(v) Contribution to the account of employees as per pension scheme referred to in section
80CCD amounted to ` 30,00,000. Amount above 10% of the salary of employees is
` 7,00,000.
(vi) Amount recovered from employees towards provident fund contribution ` 12,00,000 of
which amount remitted upto the end of the year was ` 7,00,000 and the balance was
remitted before the 'due date' for filing the return prescribed in Section 139(1).
(vii) Tax on non-monetary perquisites provided to the employees, borne by the employer
` 4,50,000.
(viii) Gain due to change in the rate of exchange of foreign currency ` 1,00,000 related to
import of machinery. The machinery was acquired two years ago and put to regular use
since then.
Explain in brief how the above said items would be dealt with for the A.Y. 2017-18.
Note: Computation of total income not required.
Answer
(i) The entire revenue expenditure of ` 2,40,000 on scientific research related to the
business of the company qualifies for deduction under section 35(1)(i).
Note – If Raghav Industries Ltd. is a company engaged in the business of biotechnology
or in any business of manufacture or production of any article or thing, not being an
article or thing specified in the list of the Eleventh Schedule, it would be entitled to a
weighted deduction of ` 4,80,000 (200% of ` 2,40,000, being the revenue expenditure

on scientific research related to its business) under section 35(2AB), if the in-house
research and development facility is approved by the prescribed authority and the
company has entered into an agreement with the prescribed authority for cooperation in
such research and development facility and for audit of accounts maintained for that
facility.
(ii) As per section 35(1)(iv) read with section 35(2), if any capital expenditure (other than
expenditure on acquisition of land) is incurred on scientific research related to the
business carried on by the assessee, the whole of such capital expenditure is allowable
as deduction in the previous year in which it is incurred. Therefore,
` 7,00,000 (i.e. ` 12,00,000 – ` 5,00,000, being the cost of land) is allowable as
deduction for the A.Y.2017-18. It is assumed that the scientific research is related to the
business of Raghav Industries Ltd.
(iii) The amount of ` 50,000 paid to Indian Institute of Science, Bangalore, for scientific
research qualifies for a weighted deduction@175% of the sum paid as per section
35(1)(ii). Therefore, Raghav Industries Ltd. would be entitled to a deduction of
` 87,500 (i.e., 175% of ` 50,000) for the A.Y.2017-18.
(iv) As per section 35DD, one-fifth of the expenditure incurred on demerger would be
allowable as deduction for five successive previous years beginning from previous year
2015-16. Therefore, in the previous year 2016-17, ` 1,00,000, being one-fifth of
` 5,00,000 would be allowable as deduction.
(v) The employer’s contribution to the account of an employee under a pension scheme
referred to in section 80CCD, upto 10% of salary of the employee in the previous year, is
allowable as deduction under section 36(1)(iva) while computing business income.
Disallowance under section 40A(9) would be attracted only in respect of the amount in
excess of 10% of salary. Accordingly, ` 23 lakhs would be allowed as deduction and
` 7 lakhs would be disallowed.
(vi) As per section 2(24)(x), the amount of provident fund contribution recovered from
employees i.e. ` 12 lakhs would be taxable as income of Raghav Industries Ltd.
However, the company can claim deduction under section 36(1)(va) of amount credited
to the account of the employee in the provident fund before the due date under the
relevant Act.
If ` 7 lakhs has been remitted before the said due date, the same is allowable as
deduction. If it has not been so remitted, then the same is not allowable as deduction.
The deduction would be restricted to the amount remitted before the due date.
The balance ` 5 lakhs remitted after the due date under the said Act but before the due
date of filing the return is not allowable as deduction.
(vii) The tax of ` 4,50,000 borne by the employer on non-monetary perquisites provided to
the employees is disallowed under section 40(a)(v).
(viii) As per section 43A, the gain of ` 1,00,000, arising at the time of making payment in

4.154 Income-tax
respect of an imported machinery, due to change in rate of exchange of foreign currency,

has to be reduced from the actual cost of machinery, and depreciation would be
computed on such reduced cost.
Question 49
Explain the tax treatment of Limited Liability Partnership under the Income-tax Act, 1961.
Answer
The taxation scheme of LLPs in the Income-tax Act, 1961 is on the same lines as applicable for
general partnerships, i.e. tax liability would be attracted in the hands of the LLP and tax
exemption would be available to the partners. Therefore, the same tax treatment would be
applicable for both general partnerships and LLPs.
The rate of income-tax applicable to LLPs is the same as the rate applicable for firms i.e. 30% of
total income.
The provisions of section 40(b) requiring payment of remuneration only to working partner in
accordance with the terms of the partnership deed for a period commencing on or after the date
of the partnership deed, would apply to LLPs as well. Further, disallowance of interest in excess
of 12% per annum and salary exceeding the prescribed percentage of book profit would also be
applicable in the case of LLPs.
However, whereas a partnership firm can opt for presumptive taxation scheme under section
44AD, an LLP cannot opt for such scheme.
Exercise
1. An assessee uses plant and machinery for the purpose of carrying on his business. Under
section 31, he shall be eligible for deduction on account of-
(a). both capital and revenue expenditure on repairs
(b). current repairs
(c). current repairs plus 1/5th of capital expenditure on repairs.
2. An electricity company charging depreciation on straight line method on each asset separately,
sells one of its machinery in April, 2016 at ` 1,20,000. The WDV of the machinery at the
beginning of the year i.e. on 1st April, 2016 is ` 1,35,000. No new machinery was purchased
during the year. The shortfall of ` 15,000 is treated as -
(a). Terminal depreciation
(b). Short-term capital loss
(c). Normal depreciation.
3. X Ltd. acquires an asset which was previously used for scientific research for ` 2,75,000. The
asset was brought into use for the business of X Ltd., after the research was completed. The
actual cost of the asset to be included in the block of assets is -
(a). Nil
(b). Market value of the asset on the date of transfer to business

(c). ` 2,75,000 less notional depreciation under section 32 upto the date of transfer.
4. A Ltd. has unabsorbed depreciation of ` 4,50,000 for the P.Y.2016-17. This can be carried forward -
(a). for a maximum period of 8 years and set-off against business income.
(b). Indefinitely and set-off against business income.
(c). Indefinitely and set-off against any head of income except salary.
5. Deduction under section 33AB is allowed to an assessee provided the assessee deposits the
profits with NABARD -
(a). before the end of the previous year
(b). within 6 months from the end of the previous year
(c). within 6 months from the end of the previous year or before the due date for filing the return
of income, whichever is earlier.
6. XYZ Ltd. incurred capital expenditure of ` 1,50,000 on 1.4.2016 for acquisition of patents and
copyrights. Such expenditure is -
(a). Eligible for deduction in 14 years from A.Y.2017-18
(b). Eligible for deduction in 5 years from A.Y.2017-18
(c). Subject to depreciation under section 32
7. Under section 44AE, presumptive taxation is applicable at a particular rate provided the assessee
is the owner of a maximum of certain number of goods carriages. The rate per month or part of
the month relevant for A.Y.2017-18 and the maximum number specified under the section are -
(a). ` 7,500 for each goods carriage in the case of an assessee owning not more than 10
goods carriages at any time during the year
(b). ` 3,500 per carriage for an assessee owning not more than 10 goods carriages at the end
of the previous year
(c). ` 5,000 for a heavy goods carriage and ` 4,500 for other goods carriages for an assessee
owning not more than 12 goods carriages at the end of the previous year
8. In the case of a non-resident engaged in the business of operation of aircraft, the income is
determined under section 44BBA at -
(a). 7.5% of turnover
(b). 10% of turnover
(c). 5% of turnover
9. The W.D.V. of a block (Plant and Machinery, rate of depreciation 15%) as on 1.4.2016 is
` 3,20,000. A machinery costing ` 50,000 was acquired on 1.9.2016 but put to use on
1.11.2016. During Jan ’2017, part of this block was sold for ` 2,00,000. The depreciation for
A.Y.2017-18 would be -
(a). ` 21,750
(b). ` 25,500
(c). ` 21,125

4.156 Income-tax
10. Employer’s contribution to provident fund/superannuation fund/gratuity fund is allowed as

deduction in computing income under the head “Profits and gains of business or profession”,
provided it has been paid -
(a). before the end of the previous year
(b). on or before the due date by which the employer is required to credit an employee’s
contribution to the employee’s account in the relevant fund.
(c). on or before the due date for filing the return of income under section 139(1).
11. Is it compulsory for an assessee to claim depreciation under section 32 of the Income-tax Act,
1961?
(i) Enhanced depreciation
(ii) Set-off and carry forward of unabsorbed depreciation.
13. Discuss the provisions dealing with the computation of business income on a presumptive basis
in case of resident assessees.
14. Discuss the concept of “block of assets” under the Income-tax Act, 1961.
15. Which are the deductions allowable only on actual payment under section 43B?
Answers
1. b; 2. a; 3. a; 4. c; 5. c; 6. c; 7. a; 8. c; 9. a; 10. c.

4 Unit 4 : Capital Gains
Key Points
Scope and year of chargeability [Section 45]
Any profits or gains arising from the transfer of a capital asset effected in the previous year
will be chargeable to tax under the head ‘Capital Gains’, and shall be deemed to be the
income of the previous year in which the transfer took place [Section 45(1)]
Deemed Full Value of
Section Deemed Income consideration for
computation of capital
gains under section 48
45(1A) Any profits or gains arising from money or other The value of money or
asset received under an insurance from an insurer the fair market value of
on account of damage / destruction of any other asset received
capital asset, as a result of, flood, hurricane,
cyclone, riot or civil disturbance, accidental fire or
explosion, action by an enemy or action taken in
combating an enemy shall be deemed to be the
income of the previous year in which such money
or other asset is received.
45(2) The profits or gains arising from the transfer by The fair market value of
way of conversion by the owner of a capital asset the capital asset on the
into stock-in-trade of a business carried on by date of such conversion
him shall be chargeable to income-tax as his
income of the previous year in which such stock-
in-trade is sold or otherwise transferred by him.
45(3) The profits or gains arising from the transfer of The amount recorded in
a capital asset by a person to a firm or other the books of account of
association of persons (AOP) or body of the firm, AOP or BOI as
individuals (BOI) in which he is or becomes a the value of the capital
partner or member, by way of capital asset.
contribution or otherwise, shall be chargeable
to tax as the income of the previous year in
which such transfer takes place.

4.158 Income-tax
45(4) The profits or gains arising from the transfer The fair market value of
of a capital asset by way of distribution of the capital asset on the
capital assets on the dissolution of a firm or date of such transfer.
other AOPs or BOIs or otherwise, shall be
chargeable to tax as the income of the firm,
AOP or BOI, of the previous year in which
the said transfer takes place.
45(5) Capital gains arising from the transfer by way Compensation or
of compulsory acquisition under any law, or consideration determined
a transfer, the consideration for which was or approved in the first
determined or approved by the Central instance by the Central
Government or RBI will be chargeable as Government or RBI
income of the previous year in which the
consideration or part thereof is first received.
If the compensation or consideration is Amount by which the
further enhanced by any court, Tribunal or compensation or
other authority, the enhanced amount will consideration is enhanced
be deemed to be the income chargeable of or further enhanced. For
the previous year in which the amount was this purpose cost of
received by the assessee. acquisition and cost of
However, any amount of compensation improvement shall be
received in pursuance of an interim order of taken as ‘Nil’.
a court, Tribunal or other authority shall be
deemed to be income chargeable under the
head “Capital Gains” of the previous year in
which the final order of such court, Tribunal
or other authority is made.
Definitions [Section 2]
Section Term Definition
2(14) Capital Capital Asset means –
Asset (a) property of any kind held by an assessee, whether or
not connected with his business or profession;
(b) any securities held by a Foreign Institutional Investor
which has invested in such securities in accordance with the
regulations made under the SEBI Act, 1992.
Exclusions from the definition of Capital Asset:
Stock in trade [other than securities referred to in (b) above],
raw materials or consumables held for the purposes of
business or profession;

Capital Gains 4.159
 Personal effects except jewellery, archeological

collections, drawings, paintings, sculptures or any work of
art;
 Rural agricultural land in India i.e. agricultural land
not situated within specified urban limits.
The agricultural land described in (a) and (b) below, being
land situated within the specified urban limits, would fall
within the definition of “capital asset”, and transfer of
such land would attract capital gains tax -
(a) agricultural land situated in any area within the
jurisdiction of a municipality or cantonment board having
population of not less than ten thousand according to last
preceding census, or
(b) agricultural land situated in any area within such
distance, measured aerially, in relation to the range of
population according to the last preceding census as
shown hereunder -
Shortest aerial Population according to
distance from the the last preceding census
local limits of a of which the relevant
municipality or figures have been
cantonment board published before the first
referred to in item day of the previous year.
(a)
(i) ≤ 2 kilometers > 10,000 ≤ 1,00,000
(ii) ≤ 6 kilometers > 1,00,000 ≤ 10,00,000
(iii) ≤ 8 kilometers > 10,00,000
 Gold Deposits Bonds issued under the Gold
Deposit Scheme, 1999 notified by the Central
Government;
 6% Gold Bonds, 1977 or 7% Gold Bonds, 1980 or
National Defence Gold Bonds, 1980, issued by the
Central Government;
 Special Bearer Bonds, 1991 issued by the Central
Government.
Note: ‘Property’ includes and shall be deemed to have always
included any rights in or in relation to an Indian company,
including rights of management or control or any other rights
whatsoever.

4.160 Income-tax
2(42A) Short- Capital asset held by an assessee for not more than 36
term months immediately preceding the date of its transfer is a
capital short-term capital asset.
asset However, a security (other than a unit) listed in a
recognized stock exchange in India, a unit of UTI or a
unit of an equity oriented fund or a zero coupon bond
will be treated as short term capital asset if it is held for
not more than 12 months immediately preceding the date
of its transfer.
Further, a share of a company (not being a share listed in
a recognized stock exchange in India) would be treated as
a short-term capital asset if it was held by the assessee for
not more than 24 months immediately preceding the date
of its transfer.
2(29A) Long- Capital asset which is not a short-term capital asset is a
term long-term capital asset. The following assets are,
capital therefore, long-term capital assets:
asset  a security (other than a unit) listed in a recognized
stock exchange in India, a unit of UTI or a unit of an
equity oriented fund or a zero coupon bond held for
more than 12 months; and
 any other capital asset held for more than 36
months.
Transactions not regarded as transfer [Section 47]: Some Examples
 Any distribution of capital assets on the total or partial partition of a HUF
 Any transfer of capital asset under a gift or will or an irrevocable trust
 Any transfer of a capital asset by a holding company to its subsidiary or vice
versa, if:
- the parent company or its nominees hold whole of the share capital of
subsidiary company, and
- the transferee company is an Indian company
 Any transfer, in a scheme of amalgamation, of a capital asset by the
amalgamating company to the amalgamated company if the amalgamated
company is an Indian company
 Any transfer, in a demerger, of a capital asset by the demerged company to the
resulting company, if the resulting company is an Indian company
 Any transfer by way of conversion of bonds, debentures, debenture stock,
deposit certificates of a company, into shares or debentures of that company.
 Any transfer of a capital asset or intangible asset by a private company or

Capital Gains 4.161
unlisted public company to a LLP or any transfer of a share or shares held in a

company by a shareholder on conversion of a company into a LLP in
accordance with LLP Act, 2008 provided all conditions satisfied:
- total sales, turnover or gross receipts in the business of the company does
not exceed ` 60 lakh in any of the three preceding previous years;
- the shareholders of a company become partners of the LLP and their
capital contribution and profit sharing ratio in the LLP are in the same
proportion as their shareholding in the company on the date of
conversion;
- no consideration or benefit, directly or indirectly, other than share in profit
and capital contribution in the LLP arises to the shareholders;
- the erstwhile shareholders of the company continue to be entitled to
receive atleast 50% of the profit of the LLP for a period of 5 years from
the date of conversion;
- all assets and liabilities of the company immediately before conversion
become the assets and liabilities of the LLP;
- the total value of assets as appearing in the books of account of the
company in any of the three previous years preceding the previous year in
which the conversion takes place, should not exceed ` 5 crore.
- no amount is paid, either directly or indirectly, to any partner out of the
accumulated profit standing in the accounts of the company on the date of
conversion for a period of 3 years from the date of conversion.
 Any transfer of a capital asset or an intangible asset by a sole proprietary
concern to a company in a scheme of succession provided:
- atleast 50% of the voting power in a company is held by sole proprietor and
shareholding continues for a period of 5 years from the date of the
succession;
- all assets and liabilities of the sole proprietary concern relating to the
business immediately before succession become the assets and liabilities of
the company;
- the sole proprietor does not receive any consideration or benefit, directly or
indirectly, in any form or manner, other than by way of allotment of shares
in the company.
 Any transfer of a capital asset in a scheme of reverse mortgage under a scheme
made and notified by the Central Government.
 Any transfer by an individual of sovereign gold bonds issued by RBI by way of
redemption

4.162 Income-tax
Mode of computation of Capital Gains [Section 48]

Computation of long-term capital gains
Gross Sale consideration xx
Less: Expenditure incurred wholly and exclusively in connection with such
transfer (for example, brokerage on sale) _xx
Net Sale Consideration xx
Less : Indexed cost of acquisition and indexed cost of improvement _xx
xx
Less: Exemption under sections 54/54B/54EC/54F/54G etc. _xx
Long-term capital gains xx
Notes:
(i) Deduction on account of securities transaction tax paid will not be allowed.
(ii) Indexed Cost of Acquisition =
CII for the year in which the asset is transferred
Cost of
× CII for the year in which the asset was first held by
acquisition
the assessee or 1981-82, whichever is later
(iii) Indexed Cost of Improvement =
Cost of CII for the year in which the asset is transferred

×
improvement CII for the year in which the improvement took place
(iv) Benefit of indexation will not apply to long term capital gains from transfer of
bonds or debentures other than capital indexed bonds issued by the government
and sovereign gold bonds issued by RBI.
Computation of short-term capital gains
Gross Sale consideration xx
Less: Expenditure incurred wholly and exclusively in connection with
such transfer (for example, brokerage on sale) xx
Net Sale Consideration xx
Less : Cost of acquisition and cost of improvement xx
Less: Exemption under sections 54B/54D/54G xx
Short-term capital gains xx
xx

Capital Gains 4.163
Capital Gains : Special Provisions

Section Particulars
50 Any income from transfer of depreciable assets is deemed to be capital
gains arising from transfer of short-term capital assets, irrespective
of the period of holding (i.e., indexation benefit would not be available
even if the period of holding of such assets is more than 36 months).
50B Capital Gains on Slump Sale
Any profits and gains arising from slump sale effected in the previous
year shall be chargeable to income-tax as capital gains arising from the
transfer of capital assets and shall be deemed to be the income of the
previous year in which the transfer took place.
Where the undertaking being transferred under slump sale is held for
more than 36 months, the resultant gain is long-term; However, no
indexation benefit would be available. If the undertaking is held for
less than 36 months, the resultant gain is short-term.
Net worth is deemed to be the cost of acquisition and the cost of
improvement. ‘Net worth’ shall be aggregate value of total assets minus
value of liabilities of such undertaking as per books of account.
Capital gains = Sale consideration – Net Worth.
Aggregate value of total assets would be the aggregate of the following :
i) Written Down Value of depreciable assets;
ii) Nil, in case of capital assets in respect of which the whole of the
expenditure has been allowed or is allowable as deduction under
section 35AD; and
iii) Book value for other assets.
Revaluation of assets shall be ignored for computing Net Worth.
50C Computation of capital gains on sale of land or building or both
Where consideration received or accruing as a result of transfer of a
capital asset, being land or building or both, is less than the value
adopted or assessed or assessable by the stamp valuation authority for
the purpose of payment of stamp duty in respect of such transfer, the
value so adopted or assessed or assessable, shall, for the purpose of
section 48, be deemed to be the full value of consideration received or
accruing as a result of such transfer.
However, where the date of the agreement fixing the amount of
consideration for the transfer of immovable property and the date of
registration are not the same, the stamp duty value on the date of the
agreement may be taken for the purposes of computing the full value
of consideration.

4.164 Income-tax
However, the stamp duty value on the date of agreement can be

adopted only in a case where the amount of consideration, or part
thereof, has been paid by way of an account payee cheque or account
payee bank draft or use of electronic clearing system through a bank
account, on or before the date of the agreement for the transfer of such
immovable property.
Where the assessee claims before any Assessing Officer that the value
adopted or assessed or assessable by the stamp valuation authority
exceeds the fair market value of the property on the date of transfer,
the Assessing Officer may refer the valuation of the capital asset to the
Valuation Officer, provided the value so adopted or assessed or
assessable has not been disputed in any appeal or revision.
Sl. Condition Deemed Sale
No. Consideration
1. Actual Consideration < Stamp Duty Stamp Duty Value
Value
2. Actual Consideration > Stamp Duty Actual Sale Consideration
Value
3. Value ascertained by Valuation Stamp Duty Value
Officer > Stamp Duty Value
4. Value ascertained by Valuation Value ascertained by
Officer < Stamp Duty Value Valuation Officer
50D Fair Market Value deemed to be full value of consideration in
certain cases
Where, on transfer of a capital asset, consideration received is not
ascertainable or cannot be determined then, fair market value of the
asset as on the date of transfer shall be deemed as the full value of
consideration received or accruing as a result of such transfer.
51 Advance money received and forfeited upto 31.3.2014
Where the assessee has received advance money on an earlier occasion
for transfer of capital asset, but the transfer could not be effected due
to failure of negotiations, then, the advance money forfeited by the
assessee has to be reduced from the cost of acquisition (and indexation
would be calculated on the cost so reduced) while computing capital
gains, when the capital asset is transferred or sold.
However, such advance money received on or after 1.4.2014 would be
taxable under section 56(2) under the head “Income from other sources”.
Therefore, advance money received and forfeited on or after 1.4.2014
should not be deducted from the cost for determining the indexed cost of
acquisition while computing capital gains arising on transfer of the asset.

Capital Gains 4.165
111A Tax on short-term capital gains on sale of equity shares and units
of equity oriented fund on which STT is chargeable
 Any short-term capital gains on transfer of equity shares or units
of an equity oriented fund shall be liable to tax @15%, if securities
transaction tax has been paid on such sale.
 In case of resident individuals and HUF, the short term capital
gain shall be reduced by the unexhausted basic exemption limit and the
balance shall be taxed at 15%.
 No deduction under Chapter VI-A can be claimed in respect of
such short term capital gain.
 Short-term capital gains arising from transaction undertaken in
foreign currency on a recognized stock exchange located in an
International Financial Services Centre (IFSC) would be taxable at a
concessional rate of 15% even when STT is not paid in respect of such
transaction.
112 Tax on long term capital gains
 Any long term capital gains, other than long term capital gains
exempt under section 10(38), shall be liable to tax@20%.
 In case of resident individuals and HUFs, the long term capital
gain shall be reduced by the unexhausted basic exemption limit, and the
balance shall be subject to tax at 20%.
 Capital gains on transfer of listed securities (other than units) or
zero coupon bonds shall be chargeable to tax @10% computed without
the benefit of indexation or @20% availing the benefit of indexation,
whichever is more beneficial to the assessee.
 The assessee is not entitled to claim any deduction under Chapter
VI-A in respect of long term capital gains.
Sl. No. Nature of asset Cost of acquisition

1 Goodwill of business, trademark, brand name
etc., -
- Self generated Nil
- Acquired from previous owner Purchase price
The cost of improvement of such assets
would be Nil.
2 Where capital assets became the property of Cost to the previous owner.
the assessee by way of distribution of assets
on total or partial partition of HUF, under a
gift or will, by succession, inheritance,
distribution of assets on liquidation of a

4.166 Income-tax
company, etc.
3 Bonus Shares
If bonus shares are allotted before 1.4.1981
Fair Market Value on
1.4.1981
If bonus shares are allotted on or after Nil
1.4.1981
4. Rights Shares
Where by virtue of holding a capital asset,
being a share or any other security, the
assessee becomes entitled to subscribe to
additional shares or is allotted addition shares
without any payment, then, the period for
treating such shares and securities as a short-
term capital asset or otherwise shall be
calculated from the date of allotment of such
shares and securities.
Original shares (which forms the basis of Amount actually paid for
entitlement of rights shares) acquiring the original shares
Rights entitlement (which is renounced by Nil
the assessee in favour of a person)
Rights shares acquired by the assessee Amount actually paid for
acquiring the rights shares
Rights shares which are purchased by the Purchase price paid to the
person in whose favour the assessee has renouncer of rights
renounced the rights entitlement entitlement as well as the
amount paid to the
company which has allotted
the rights shares.
Capital Gains : Exemptions under section 10
Section Particulars
10(33) Any income arising from the transfer of a capital asset being a
unit of Unit Scheme 1964 of UTI

Capital Gains 4.167
10(37) Where any individual or HUF owns urban agricultural land which
has been used for agricultural purposes for a period of two years
immediately preceding the date of transfer by such individual or a
parent of his or by such HUF and the same is compulsorily
acquired under any law or the consideration for such transfer is
determined or approved by the Central Government or the RBI,
resultant capital gain will be exempt provided the compensation
or consideration for such transfer is received on or after 1.4.2004.
10(38) Any income arising from the transfer of a long term capital asset
being an equity share in a company or a unit of an equity oriented
fund shall be exempt, if such transaction is chargeable to
securities transaction tax.
However, long-term capital gains arising from transaction
undertaken in foreign currency on a recognized stock exchange
located in an International Financial Services Centre (IFSC)
would be exempt even if STT is not paid in respect of such
transaction.

4.168 Income-tax
Exemption of Capital Gains [Sections 54 to 54GB]

S. Particulars Section 54 Section Section Section Section 54D Section 54G Section 54GA Section 54F Section 54GB
No. 54B 54EC 54EE
1 Eligible Individual / Individual / Any Any Any assessee Any assessee Any assessee Individual / Individual /
Assessee HUF’s HUF’s assessee assessee HUF’s HUF’s
2 Asset Residential Urban Any Asset Any asset Land & Land, Land, Building, Any asset Residential
transferred House Agricultural building Building, Machinery, other than property (house
Land forming part of Machinery or Plant or any Residential or plot of land)
an industrial Plant or any right in land or House.
undertaking right in land or building used
building used for business of

for business an industrial
of Industrial undertaking
Undertaking. situated in an
urban area.
3 Period of Long-term At least 2 Long-term Long-term At least 2 years Long-term/ Long-term/ Long-term Long-term
holding of capital asset years capital capital asset immediately Short-term Short term capital asset capital asset
the asset immediately asset preceding the capital asset capital asset
transferred preceding date of
the date of transfer.
transfer
4 Other Income from Land should - The transfer Shifting the Shifting to Assessee
Conditions such house be used for should be by Industrial Special should not
should be agricultural way of Undertaking Economic Zone own more
chargeable purposes by compulsory from Urban than one
under the assessee or Acquisition of Area to Rural residential
head “Income his parents the industrial Area house on the
from house or a HUF for undertaking date of
property” two years transfer
Capital Gains 4.169
S. Particulars Section 54 Section Section Section 54EE Section 54D Section 54G Section 54GA Section 54F Section 54GB
No. 54B 54EC
5 Qualifying One Agricultural
Long Term Long term Land or Land, Land, Building, One Equity shares of
asset i.e., Residential Land Specified Specified Building Building, New new plant and Residential an eligible
asset in House (Urban/ Asset – Asset - Unit Plant & machinery and House company, being
which capital situated in Rural) Bonds of issued before Machinery expenses on situated in newly
gains has to India NHAI or the 1st April, and expenses shifting the India incorporated
be invested RECL 2019 of on shifting the industrial SME engaged in
(Redeemable Specified Industrial undertaking to manufacturing of
after 3 years) Fund as Undertaking the SEZ. an article or
notified by thing or an

the Central eligible start-up
Government engaged in an
eligible
business.
6 Time limit for Purchase Purchase Purchase Purchase Purchase/ Purchase/ Purchase/ Purchase Equity Shares to
purchase/ within 1 year within 2 within 6 within 6 construct construct construct within within 1 year be subscribed
construction before or 2 years from months from months after within 3 within 1 year 1 year before or before or 2 before the due
years after the date of the date of the date of years after before or 3 3 years after the years after the date of filing the
the date of transfer transfer such transfer transfer, for years after the transfer. date of return.
transfer shifting or re- transfer. transfer or Thereafter,
or establishing Construct within one year
construct the existing within 3 years from the date of
within 3 undertaking after the date subscription,
years after or setting up of transfer new plant and
the date of a new machinery
transfer industrial should be
undertaking. purchased by
the company.
4.170 Income-tax
S. No. Particulars Section 54 Section Section Section Section Section 54G Section 54GA Section 54F Section 54GB
54B 54EC 54EE 54D
7 Amount of Cost of new Cost of Capital Gain Capital Gain Cost of new Cost of new Cost of new Cost of new Cost of new
Exemption Residential new or amount or amount asset or assets plus assets plus Residential plant &
House or Agricultural invested in invested in Capital expenses expenses House ≥ Net machinery ≥
Capital Land or specified notified units Gain, incurred or incurred for sale Net sale
Gain, Capital bonds, of specified whichever is Capital shifting or consideration consideration of
whichever is Gain, whichever is fund, lower. Gains, Capital Gain, of original residential
lower, is whichever lower. whichever is whichever is whichever is asset, entire house, entire
exempt is lower, is Maximum lower. lower, is lower, is Capital gain Capital gain is
exempt permissible Maximum exempt. exempt. is exempt. exempt.

investment in permissible Cost of new Cost of new
such bonds investment Residential Residential
out of capital in such units House < Net House < Net
gains arising out of sale sale
in any capital gains consideration consideration of
financial year arising in of original Residential
is ` 50 lakhs, any FY is ` asset, House,
whether such 50 lakhs, proportionate proportionate
investment is whether capital gain is capital gain is
made in the such exempt. exempt.
current FY or investment
subsequent is made in
FY. the current
FY or
subsequent
FY.
Capital Gains 4.171
Question 1
Mr. Dinesh received a vacant site as gift from his friend in November 2002. The site was
acquired by his friend for ` 3,00,000 in April 1990. Dinesh constructed a residential building
during the year 2004-05 in the said site for ` 15,00,000. He carried out some further extension
of the construction in the year 2007-08 for ` 5,00,000.
Dinesh sold the residential building for ` 55,00,000 in January 2017 but the State stamp
valuation authority adopted ` 65,00,000 as value for the purpose of stamp duty.
Compute his long term capital gain, for the assessment year 2017-18 based on the above
information. The cost inflation indices are as follows:
Financial Year Cost inflation index
1990-91 182
2002-03 447
2004-05 480
2007-08 551
2016-17 1125
Answer
Computation of long term capital gain of Mr. Dinesh for the A.Y. 2017-18
Particulars ` `
Full value of consideration (Note 1) 65,00,000
Less: Indexed cost of acquisition-land (` 3,00,000 × 1125/447) 7,55,036
(Note 2 & 3)
Indexed Cost of acquisition-building (` 15,00,000 × 1125/
480) (Note 3) 35,15,625
Indexed Cost of improvement-building (` 5,00,000 x
1125/551) 10,20,871 52,91,532
Long-term capital gain 12,08,468
Notes:
1. As per section 50C, where the consideration received or accruing as a result of transfer
of a capital asset, being land or building or both, is less than the value adopted by the
Stamp Valuation Authority, such value adopted by the Stamp Valuation Authority shall be
deemed to be the full value of the consideration received or accruing as a result of such
transfer. Accordingly, full value of consideration will be ` 65 lakhs in this case.
2. Since Dinesh has acquired the asset by way of gift, therefore, as per section 49(1), cost
of the asset to Dinesh shall be deemed to be cost for which the previous owner acquired
the asset i.e., ` 3,00,000, in this case.

4.172 Income-tax
3. Indexation benefit is available since both land and building are long-term capital assets.
However, as per the definition of indexed cost of acquisition under clause (iii) of
Explanation below section 48, indexation benefit for land will be available only from the
previous year in which Mr. Dinesh first held the land i.e., P.Y. 2002-03.
Alternative view: In the case of CIT v. Manjula J. Shah 16 Taxmann 42 (Bom.), the
Bombay High court held that indexation cost of acquisition in case of gifted asset can be
computed with reference to the year in which the previous owner first held the asset.
As per this view, the indexation cost of acquisition of land would be ` 18,54,396 and long
term capital gain would be ` 1,09,108.
Question 2
Mr. Abhishek a senior citizen, pledged his residential house with a bank, under a notified
reverse mortgage scheme. He was getting loan from bank in monthly installments. Mr.
Abhishek did not repay the loan on maturity and hence gave possession of the house to the
bank, to discharge his loan. How will the treatment of long-term capital gain be on such
reverse mortgage transaction?
Answer
Section 47(xvi) provides that any transfer of a capital asset in a transaction of reverse
mortgage under a scheme made and notified by the Central Government shall not be
considered as a transfer for the purpose of capital gain.
Accordingly, the pledging of residential house with bank by Mr. Abhishek will not be regarded
as a transfer. Therefore, no capital gain will be charged on such transaction.
Further, section 10(43) provides that the amount received by the senior citizen as a loan,
either in lump sum or in installment, in a transaction of reverse mortgage would be exempt
from income-tax. Therefore, the monthly installment amounts received by Mr. Abhishek would
not be taxable.
However, capital gains tax liability would be attracted at the stage of alienation of the
mortgaged property by the bank for the purposes of recovering the loan.
Question 3
Ms. Anshu transferred land and building on 02-01-2017 and furnishes the following information:
Particulars (`)
(i) Net consideration received 23,00,000
(ii) Value adopted by Stamp Valuation Authority 25,00,000
(iii) Value ascertained by Valuation Officer on reference by the Assessing Officer 27,00,000
(iv) This land was acquired by Anshu on 1-04-1981. Fair Market Value of the
land as on 01-04-1981 was 1,10,000

Capital Gains 4.173
(v) Anshu constructed a residential building on the land at a cost of

` 3,20,000 (construction completed on 01-12-2002 during the financial year
2002-03)
Brought forward short term capital loss incurred on sale of shares during
financial year 2011-12 ` 1,50,000,
Anshu seeks your advice regarding the amount to be invested in NHAI bonds so as to be
exempt from capital gain tax under the Income-tax Act, 1961.
Cost inflation index for FY 1981-82 : 100
Answer
Computation of Capital Gains of Ms. Anshu for the A.Y. 2017-18
Particulars ` `
Full value of consideration [See Notes (i) & (ii) below] 25,00,000
Less: Indexed Cost of acquisition [See Note (iii) below]
Indexed cost of land (` 1,10,000 × 1125/100) 12,37,500
Indexed cost of building (` 3,20,000 × 1125/447) 8,05,369 20,42,869
Less: Brought forward short-term capital loss set off [See Note
(iv) below] 1,50,000
Taxable capital gains (Amount to be invested in NHAI bonds to 3,07,131
get full exemption from tax on capital gains) [See Note (v) below]
Notes :
(i) As per section 50C(1), where the consideration received or accruing as a result of
transfer of a capital asset, being land or building or both, is less than the value adopted
by the Stamp Valuation Authority for the purpose of payment of stamp duty, such value
adopted by the Stamp Valuation Authority shall be deemed to be the full value of the
consideration received or accruing as a result of such transfer. Accordingly, full value of
consideration would be ` 25 lacs in this case.
(ii) As per section 50C(3), where the valuation is referred by the Assessing Officer to
Valuation Officer and the value ascertained by such Valuation Officer exceeds the value
adopted by the Stamp Valuation Authority for the purpose of payment of stamp duty, the
value adopted by the Stamp Valuation Authority shall be taken as the full value of the
consideration received or accruing as a result of the transfer. Since the value ascertained
by the Valuation Officer (i.e. ` 27 lakhs), is higher than the value adopted by the Stamp

4.174 Income-tax
Valuation Authority (i.e. ` 25 lakhs), the full value of consideration in this case would be
` 25 lakhs.
(iii) Since the cost of land acquired by Anshu on 1.4.1981 is not given in the question, the fair
market value as on 1.4.1981 is taken as the cost of acquisition. Indexation benefit is
available since land and building are both long-term capital assets, as they are held by
Anshu for more than 36 months.
(iv) As per section 74, brought forward unabsorbed short term capital loss can be set off
against any capital gains, short term or long term, for 8 assessment years immediately
succeeding the assessment year for which the loss was first computed. Therefore, short-
term capital loss on sale of shares during the F.Y.2011-12 can be set-off against the
current year long-term capital gains on sale of land and building.
(v) As per section 54EC, an assessee can avail exemption in respect of long-term capital
gains, if such capital gains are invested in the bonds issued by the NHAI redeemable after
3 years. Such investment is required to be made within a period of 6 months from the date
of transfer of the asset. The exemption shall be the amount of capital gains or the amount
of such investment made, whichever is less. Therefore, in this case, if Anshu invests the
entire capital gains in bonds of NHAI, she can get full exemption from tax on capital gains.
Question 4
Mr. Mithun purchased 100 shares of M/s Goodmoney Co. Ltd. on 01-04-2005 at rate of
` 1,000 per share in public issue of the company.
Company allotted bonus shares in the ratio of 1:1 on 01.12.2015. He has also received
dividend of ` 10 per share on 01.05.2016.
He has sold all the shares on 01.10.2016 at the rate of ` 4,000 per share through a
recognized stock exchange and paid brokerage of 1% and securities transaction tax of 0.02%
to celebrate his 75th birthday. The cost inflation Index are as follows:
Financial Year Cost Inflation Index
2005-06 497
2016-17 1125
Compute his total income and tax liability for Assessment Year 2017-18, assuming that he is
having no income other than given above.
Answer
Computation of total income and tax liability of Mr. Mithun for A.Y. 2017-18
Particulars `
Short term capital gains on sale of bonus shares
Gross sale consideration (100 x ` 4,000) 4,00,000
Less : Brokerage @ 1% 4,000
Net sale consideration 3,96,000

Capital Gains 4.175
Less: Cost of acquisition of bonus shares NIL

Total Income (Short term Capital Gains) 3,96,000
Tax Liability
15% of (` 3,96,000-` 3,00,000) 14,400
Less: Rebate U/s 87A 5,000
9,400
Add : Education cess @ 2% 188
Tax payable 9,682
Tax payable (Rounded Off) 9,680
Notes:
(1) Long-term capital gains on sale of original shares through a recognized stock exchange
(STT paid) is exempt under section 10(38).
(2) Since bonus shares are held for less than 12 months before sale, the gain arising there
from is a short term capital gain chargeable to tax@15% as per section 111A after
adjusting the unexhausted basic exemption limit. Since Mr. Mithun is over 60 years of
age, he is entitled for a higher basic exemption limit of ` 3,00,000 for A.Y. 2017-18.
(3) Dividend income is exempt under section 10(34).
(4) Brokerage paid is allowable since it is an expenditure incurred wholly and exclusively in
connection with the transfer. Hence, it qualifies for deduction under section 48(i).
(5) Cost of bonus shares will be Nil as such shares are allotted after 1.04.1981.
(6) Securities transaction tax is not allowable as deduction.
Question 5
Mr. Selvan, acquired a residential house in January, 2000 for ` 10,00,000 and made some
improvements by way of additional construction to the house, incurring expenditure of
` 2,00,000 in October, 2004. He sold the house property in October, 2016 for
` 75,00,000. The value of property was adopted as ` 80,00,000 by the State stamp valuation
authority for registration purpose. He acquired a residential house in January, 2016 for
` 25,00,000. He deposited ` 20,00,000 in capital gains bonds issued by National Highways
Authority of India (NHAI) in June, 2017.
Compute the capital gain chargeable to tax for the assessment year 2017-18.
What would be the tax consequence and in which assessment year it would be taxable, if the
house property acquired in January, 2016 is sold for ` 40,00,000 in March, 2018?
Cost inflation index: F.Y.1999-00 : 389
F.Y. 2004-05 : 480
F.Y. 2016-17 : 1125

4.176 Income-tax
Answer
(I) Computation of Capital Gains Chargeable to tax for A.Y. 2017-18
Particulars ` `
Sale consideration (i.e. Stamp Duty Value) (Note 1) 80,00,000
Less: Indexed Cost of Acquisition
` 10,00,000 × 1125/389 28,92,031
Indexed Cost of Improvement
` 2,00,000 × 1125/480 4,68,750 33,60,781
46,39,219
Less: Exemption under section 54 (Note 2) 25,00,000
Taxable Capital Gains 21,39,219
Notes:
1. As per the provisions of section 50C, in case the stamp duty value adopted by the
stamp valuation authority is higher than the actual sale consideration, the stamp
duty value shall be deemed as the full value of consideration.
2. Exemption under section 54 is available if a new residential house is purchased
within one year before or two years after the date of transfer. Since the cost of new
residential house is less than the capital gain, capital gain to the extent of cost of
new asset is exempt under section 54.
3. Exemption under section 54EC is available in respect of investment in bonds of
National Highways Authority of India only if the investment is made within a period
of six months after the date of such transfer. In this case, since the investment is
made after six months, exemption under section 54EC would not be available.
(II) If the new asset purchased by the assessee on the basis of which exemption under
section 54 is claimed, is transferred within 3 years from the date of its acquisition, then
for computing the taxable short-term capital gain on such transfer, the cost of acquisition
of such asset shall be taken as Nil.
Particulars (A.Y.2018-19) `
Sale consideration 40,00,000
Less: Cost of acquisition Nil
Short-term capital gains 40,00,000
Question 6
Mr. Rakesh purchased a house property on 14th April, 1979 for ` 1,05,000. He entered into an
agreement with Mr. Bobby for the sale of house on 15th September, 1982 and received an

Capital Gains 4.177
advance of ` 25,000. However, since Mr. Bobby did not remit the balance amount, Mr. Rakesh
forfeited the advance.
Later on, he gifted the house property to his friend Mr. Aakash on 15th June, 1986.
Following renovations were carried out by Mr. Rakesh and Mr. Aakash to the house property:
`
By Mr. Rakesh during F.Y. 1979-80 10,000
By Mr. Rakesh during F.Y. 1983-84 50,000
By Mr. Aakash during F.Y. 1993-94 1,90,000
The fair market value of the property as on 1.4.1981 is ` 1,50,000.
Mr. Aakash entered into an agreement with Mr. Chintu for sale of the house on 1st June, 1995
and received an advance of ` 80,000. The said amount was forfeited by Mr. Aakash, since Mr.
Chintu could not fulfil the terms of the agreement.
Finally, the house was sold by Mr. Aakash to Mr. Sanjay on 2nd January, 2017 for a
consideration of ` 12,00,000.
Compute the capital gains chargeable to tax in the hands of Mr. Aakash for the assessment
year 2017-18. Cost inflation indices are as under:
1981-82 100
1983-84 116
1986-87 140
1993-94 244
2016-17 1125
Answer
Computation of taxable capital gains of Mr. Aakash for the A.Y. 2017-18
Particulars `
Less: Indexed cost of acquisition (Working Note: 1) 5,62,500
6,37,500
Less: Indexed cost of improvement (Working Note: 2) 13,60,939
Long term capital loss (7,23,439)
Working Note: 1
Indexed cost of acquisition is determined as under:
Cost to the previous owner i.e., Mr. Rakesh is ` 1,05,000

4.178 Income-tax
Fair Market Value on 1st April, 1981 is ` 1,50,000

Cost to the previous owner or FMV on 1 st April, 1981, whichever is more, is
to be taken as cost of acquisition of Mr. Aakash ` 1,50,000
Less: Advance money forfeited by Mr. Aakash (as per section 51)
(Note: Advance forfeited by Mr. Rakesh, the previous owner, should,
however, not be deducted) _` 80,000
Cost of acquisition _` 70,000
Indexed cost of acquisition (` 70,000 × 1125/140) ` 5,62,500
140 is the CII for F.Y. 1986-87, being the first year in which property is held by Mr. Aakash
and 1125 is the CII for F.Y. 2016-17, being the year in which the property is sold.
Alternative view: In the case of CIT v. Manjula J. Shah 16 Taxmann 42, the Bombay High
Court held that the indexed cost of acquisition in case of gifted asset can be computed
with reference to the year in which the previous owner first held the asset. As per this
view, the indexed cost of acquisition of house would be ` 7,87,500, taking CII of 100 for
the F.Y. 1980-81 since F.M.V. as on 1st April, 1981 is taken as cost of acquisition of Mr.
Aakash.
Note: Clause (ix) of Section 56(2), provides that the advance which is forfeited in the
previous year 2014-15 relevant to A.Y. 2015-16 would be chargeable to tax under the
head “Income from Other sources” and hence, such forfeited amount shall not be reduced
from the cost of acquisition of the transferred capital asset. In the present case, the
advance was forfeited in a previous year prior to P.Y. 2014-15. Therefore, such amount
would be deductible from the cost of acquisition while determining the Capital gains on
transfer of such asset.
Working Note: 2
Indexed cost of Improvement is determined as under:
Expenditure incurred before 1 st April, 1981 should not be considered NIL
Expenditure incurred on or after 1st April, 1981
- During 1983-84: Indexed cost of Improvement [` 50,000 × 1125/116] ` 4,84,914
- During 1993-94: Indexed cost of Improvement [` 1,90,000 × 1125/244] ` 8,76,025
Total indexed cost of improvement `13,60,939
Question 7
X Co. (P) Ltd., converted into a Limited Liability Partnership (LLP) by name All Trade LLP, with
effect from 01.04.2016.
The following details are given to you:
Asst. year 2009-10 : Business loss brought forward ` 2,00,000
Asst. year 2016-17 : Business loss brought forward ` 5,00,000

Capital Gains 4.179
(These are related to erstwhile X Co. (P) Ltd.)

Total income of All Trade LLP, for the financial year 2016-17 is ` 6,00,000
(Before set off of brought forward business losses of erstwhile company i.e. X
Co. (P) Ltd.)
Assume that all the conditions prescribed in section 47(xiiib) were satisfied by X Co. (P) Ltd. at
the time of conversion to LLP.
(i) Explain whether All Trade LLP can set off and carry forward the business loss of its
predecessor i.e. X Co. (P) Ltd.?
(ii) State whether the change in the profit sharing ratio of the shareholders of the company in
the LLP at later date would have any tax consequence.
Answer
(i) Section 72A(6A), provides that where a private company is succeeded by a LLP fulfilling
the conditions laid down in the proviso to section 47(xiiib), then, notwithstanding anything
contained in any other provision of the Income-tax Act, 1961, the accumulated loss and
unabsorbed depreciation of the predecessor company shall be deemed to be the loss or
allowance for depreciation of the successor LLP for the purpose of the previous year in
which the business reorganisation was effected and other provisions of the Act relating to
set-off and carry forward of losses and depreciation allowance shall apply accordingly.
Therefore, All Trade LLP can carry forward and set-off the business loss of ` 6 lakh of
erstwhile X Co (P) Ltd. against its business income for the F.Y.2016-17. The unabsorbed
business loss of ` 1 lakh, relating to A.Y. 2016-17, will be carried forward to the next year.
(ii) Section 47(xiiib) requires that the shareholders of the company become partners of the
LLP in the same proportion as their shareholding in the company. Further, the aggregate
of the profit sharing ratio of the shareholders of the company in the LLP should be not
less than 50% at any time during the period of 5 years from the date of conversion. If the
entity fails to fulfill this condition, the benefit of set-off of business loss availed by the LLP
would be deemed to be the profits and gains of the LLP chargeable to tax in the previous
year in which the LLP fails to fulfill the condition.
Question 8
Ms. Chhaya transferred a vacant site to Ms. Dayama for ` 4,25,000. The stamp valuation
authority fixed the value of vacant site for stamp duty purpose at ` 6,00,000. The total income
of Chhaya and Dayama before considering the transfer of vacant site are ` 50,000 and
` 2,05,000, respectively. The indexed cost of acquisition for Ms. Chhaya in respect of vacant
site is ` 4,00,000 (computed).
Determine the total income of both Ms. Chhaya and Ms. Dayama taking into account the
above said transaction.

4.180 Income-tax
Answer
Section 56(2)(vii) would get attracted in case of transfer of immovable property for inadequate
consideration, since the difference between the stamp duty value and sale consideration is
more than ` 50,000 and therefore ` 1,75,000 (i.e. ` 6,00,000 - ` 4,25,000) will be taxed under
the head “Income from other sources” in the hands of transferee, i.e., Ms. Dayama. Further,
for the transferor, Ms. Chhaya, the value adopted for stamp duty purpose will be taken as the
deemed sale consideration under section 50C for computation of capital gains.
Chhaya Dayama
Particulars (Transferor) (Transferee)
` `
Capital gains
Deemed sale consideration under section 50C 6,00,000
Less: Indexed cost of acquisition 4,00,000
2,00,000
Difference between stamp duty value and sale consideration
of immovable property, taxable under section 56(2)(vii) 1,75,000
Other income (computed) 50,000 2,05,000
Total income 2,50,000 3,80,000
Question 9
Mr. Chandru transferred a vacant site on 28.10.2016 for ` 100 lakhs. The site was acquired
for ` 9,99,300 on 30.6.2000. He invested ` 50 lakhs in eligible bonds issued by Rural
Electrification Corporation Ltd. (RECL) on 20.3.2017.
Again, he invested ` 20 lakhs in eligible bonds issued by National Highways Authority of India
(NHAI) on 16.4.2017.
Compute the chargeable capital gain in the hands of Mr. Chandru for the A.Y. 2017-18.
Financial year Cost Inflation Index
2000-01 406
2016-17 1125
Answer
Computation of chargeable capital gain of Mr. Chandru for the A.Y.2017-18
Particulars `
Sale consideration 1,00,00,000
Less: Indexed cost of acquisition (` 9,99,300 × 1125/406) 27,68,996
72,31,004

Capital Gains 4.181
Less: Deduction under section 54EC (See Note 3 below) 50,00,000

Long term capital gain 22,31,004
Note:
(1) Since the site was held for more than 36 months prior to the date of transfer, it is a long-
term capital asset and the capital gain arising upon its transfer is long-term capital gain.
(2) In order to claim exemption under section 54EC, Mr. Chandru has to invest in specified
bonds of RECL or NHAI within a period of 6 months from the date of transfer of the asset.
(3) As per second proviso to section 54EC(1), out of capital gains arising from transfer of
one or more capital assets in a financial year, the investment eligible for exemption,
cannot exceed ` 50 lakhs, whether such investment is made in the same financial year
or in the subsequent financial year or in both the years.
In this case, Mr. Chandru has invested ` 50 lakhs in RECL bonds in the F.Y.2016-17 and
` 20 lakhs in NHAI bonds in the F.Y.2017-18, both within six months from the date of
transfer. However, he would be eligible for exemption of only ` 50 lakhs for investment
made in such bonds.
Question 10
How will you calculate the period of holding in case of the following assets?
(1) Shares held in a company in liquidation
(2) Bonus shares
(3) Flat in a co-operative society
(4) Transfer of a security by a depository (i.e., demat account)
Answer
(1) Shares held in a company in liquidation - The period after the date on which the
company goes into liquidation shall be excluded while calculating the period of holding.
Therefore, the period of holding shall commence from the date of acquisition and end
with the date on which the company goes into liquidation.
(2) Bonus shares - The period of holding shall be reckoned from the date of allotment of
bonus shares and will end with the date of transfer.
(3) Flat in a co-operative society - The period of holding shall be reckoned from the date of
allotment of shares in the society and will end with the date of transfer.
Note – Any transaction whether by way of becoming a member of, or acquiring shares in, a
co-operative society or by way of any agreement or any arrangement or in any other manner
whatsoever which has the effect of transferring, or enabling enjoyment of, any immovable
property is a transfer as per section 2(47)(vi). Hence, it is possible to take a view that any
date from which such right is obtained may be taken as the date of acquisition.

4.182 Income-tax
(4) Transfer of security by a depository - The period of holding shall be computed from
the date on which the securities were credited to the demat account and will end with the
date of transfer (sale). The first-in-first-out (FIFO) method will be adopted for determining
the period of holding.
Question 11
Mr. A is a proprietor of Akash Enterprises having 2 units. He transferred on 1.4.2016 his Unit 1
by way of slump sale for a total consideration of ` 25 lacs. Unit 1 was started in the year
2004-05. The expenses incurred for this transfer were ` 28,000. His Balance Sheet as on
31.3.2016 is as under:
Liabilities Total Assets Unit 1 Unit 2 Total
(`) (`) ( `) (`)
Own Capital 15,00,000 Building 12,00,000 2,00,000 14,00,000
Revaluation Reserve (for 3,00,000 Machinery 3,00,000 1,00,000 4,00,000
building of unit 1)
Bank loan (70% for unit 1) 2,00,000 Debtors 1,00,000 40,000 1,40,000
Trade creditors (25% for
unit 1) 1,50,000 Other assets 1,50,000 60,000 2,10,000
Total 21,50,000 Total 17,50,000 4,00,000 21,50,000
Other information:
(i) Revaluation reserve is created by revising upward the value of the building of Unit 1.
(ii) No individual value of any asset is considered in the transfer deed.
(iii) Other assets of Unit 1 include patents acquired on 1.7.2014 for ` 50,000 on which no
depreciation has been charged.
Compute the capital gain for the assessment year 2017-18.
Answer
Computation of capital gains on slump sale of Unit 1
Particulars `
Sale value 25,00,000
Less: Expenses on sale 28,000
Net sale consideration 24,72,000
Less: Net worth (See Note 1 below) 12,50,625

Capital Gains 4.183
Notes:
1. Computation of net worth of Unit 1 of Akash Enterprises
Particulars ` `
Building (excluding ` 3 lakhs on account of revaluation) 9,00,000
Machinery 3,00,000
Debtors 1,00,000
Patents (See Note 2 below) 28,125
Other assets (` 1,50,000 – ` 50,000) _1,00,000
Total assets 14,28,125
Less: Creditors 37,500
Bank Loan 1,40,000 1,77,500
Net worth 12,50,625
2. Written down value of patents as on 1.4.2016
Value of patents: `
Cost as on 1.7.2014 50,000
Less: Depreciation @ 25% for Financial Year 2014-15 12,500
WDV as on 1.4.2015 37,500
Less: Depreciation for Financial Year 2015-16 _9,375
WDV as on 1.4.2016 28,125
For the purposes of computation of net worth, the written down value determined as per
section 43(6) has to be considered in the case of depreciable assets. The problem has been
solved assuming that the Balance Sheet values of ` 3 lakh and ` 9 lakh (` 12 lakh – ` 3
lakh) represent the written down value of machinery and building, respectively, of Unit 1.
3. Since the Unit is held for more than 36 months, capital gain arising would be long term
capital gain. However, indexation benefit is not available in case of slump sale.
Question 12
Sachin received ` 15,00,000 on 23.01.2017 on transfer of his residential building in a
transaction of reverse mortgage under a scheme notified by the Central Government. The
building was acquired in March 1991 for ` 8,00,000.
Is the amount received on reverse mortgage chargeable to tax in the hands of Sachin under
the head ‘Capital gains’?
Cost inflation index for the F.Y. 1990-91 – 182; F.Y. 2016-17 - 1125

4.184 Income-tax
Answer
As per section 47(xvi), any transfer of a capital asset in a transaction of Reverse Mortgage
under a scheme made and notified by the Central Government will not be regarded as a
transfer. Therefore, capital gains tax liability is not attracted.
Section 10(43) provides that the amount received by a senior citizen as a loan, either in lump
sum or in installments, in a transaction of Reverse Mortgage would be exempt from income-
tax. Therefore, the amount received by Sachin in a transaction of Reverse Mortgage of his
residential building is exempt under section 10(43).
Question 13
Mr. Roy, aged 55 years owned a Residential House in Ghaziabad. It was acquired by Mr. Roy
on 10-10-1986 for ` 6,00,000. He sold it for ` 65,00,000 on 4-11-2016. The stamp valuation
authority of the State fixed value of the property at ` 72,00,000. The assessee paid 2% of the
sale consideration as brokerage on the sale of the said property.
Mr. Roy acquired a residential house property at Kolkata on 10-12-2016 for ` 7,00,000 and
deposited ` 3,00,000 on 10-4-2017 and ` 5,00,000 on 15-6-2017 in the capital gains bonds of
Rural Electrification Corporation Ltd. He deposited ` 4,00,000 on 6-7-2017 and ` 9,00,000 on
1-11-2017 in the capital gain deposit scheme in a Nationalized Bank for construction of an
additional floor on the residential house property in Kolkata.
Compute the Capital Gain chargeable to tax for the Assessment Year 2017-18 and income-tax
chargeable thereon assuming Mr. Roy has no other income.
Cost Inflation Index for Financial Year 1986-87: 140 and Financial Year 2016-17: 1125
Answer
Computation of Capital Gains chargeable to tax in the hands of Mr. Roy
for the A.Y. 2017-18
Particulars ` `
Gross Sale Consideration on transfer of residential house 72,00,000
[As per section 50C, in case the actual sale consideration is
lower than the stamp duty value fixed by the stamp valuation
authority, the stamp duty value shall be deemed as the full value
of consideration]
Less: Brokerage@2% of actual sale consideration of
` 65,00,000 _1,30,000
Net Sale Consideration 70,70,000
Less: Indexed cost of acquisition [` 6,00,000 x 1125/140] 48,21,429

Capital Gains 4.185
Less: Exemption under section 54

- Acquisition of residential house property at Kolkata on 7,00,000
10.12.2016 (i.e., within the prescribed time of two years
from 4.11.2016, being the date of transfer of residential
house at Ghaziabad).
- Amount deposited in Capital Gains Accounts Scheme on or
before the due date of filing return of income for construction
of additional floor on the residential house property at Kolkata.
Since Mr. Roy has no other source of income, his due date for
filing return of income is 31st July, 2017
[Therefore, ` 4,00,000 deposited on 6.7.2017 will be eligible
for exemption whereas ` 9,00,000 deposited on 1.11.2017 will
not be eligible for exemption under section 54] 4,00,000 11,00,000
Exemption under section 54EC
Amount deposited in capital gains bonds of RECL within six
months from the date of transfer (i.e., on or before
3.5.2017) would qualify for exemption.
[Therefore, in this case, ` 3,00,000 deposited in capital
gains bonds of RECL on 10.4.2017 would be eligible for
exemption under section 54EC, whereas ` 5,00,000
deposited on 15.6.2017 would not qualify for exemption] 3,00,000

Computation of tax liability of Mr. Roy for A.Y. 2017-18
Particulars `
Tax on ` 5,98,571 (i.e Long term capital gain ` 8,48,571 less 1,19,714
basic exemption limit of ` 2,50,000) is charged @ 20% [Section
112]
(Since long-term capital gains is the only source of income, the
entire basic exemption limit can be exhausted against this
income)
Add: Education cess@2% and Secondary & higher education 3,591
cess @ 1%
Total tax liability (rounded off) 1,23,310

Note: As per the decision of Gauhati High Court in CIT vs Rajesh Kumar Jalan 286 ITR 274
and Haryana High Court in CIT vs Jagriti Agarwal 245 CTR 629, exemption under section 54

4.186 Income-tax
is allowable even if the amount of capital gain is deposited in Capital Gains Accounts Scheme
within the period specified for filing a belated return under section 139(4) [i.e., on or before
31.3.2018].
If we apply the above interpretation in this case, Mr. Roy would be eligible for exemption under
section 54 in respect of ` 9,00,000 deposited in Capital Gains Accounts Scheme on
01.11.2017 also, since the said date falls within the time specified under section 139(4). On
the basis of this interpretation, the long term capital gain chargeable to tax in the hands of Mr.
Roy would be Nil and the consequent tax liability would also be Nil.
Question 14
Mr. Raj Kumar sold a house to his friend Mr. Dhuruv on 1 st November, 2016 for a
consideration of ` 25,00,000. The Sub-Registrar refused to register the document for the said
value, as according to him, stamp duty had to be paid on ` 45,00,000, which was the
Government guideline value. Mr. Raj Kumar preferred an appeal to the Revenue Divisional
Officer, who fixed the value of the house as ` 32,00,000 (` 22,00,000 for land and the balance
for building portion). The differential stamp duty was paid, accepting the said value
determined. What are the tax implications in the hands of Mr. Raj Kumar and Mr. Dhuruv for
the assessment year 2017-18? Mr. Raj Kumar had purchased the land on 1st June, 2010 for
` 5,19,000 and completed the construction of house on 1st October, 2014 for ` 14,00,000.
Cost inflation indices may be taken as 711 for the financial year 2010-11, 1024 for the
financial year 2014-15 and 1125 for the financial year 2016-17.
Answer
In the hands of the seller, Mr. Raj Kumar
As per section 50C(1), where the consideration received or accruing as a result of transfer of
land or building or both, is less than the value adopted or assessed or assessable by the
stamp valuation authority, the value adopted or assessed or assessable by the stamp
valuation authority shall be deemed to be the full value of consideration received or accruing
as a result of transfer.
Where the assessee appeals against the stamp valuation and the value is reduced in appeal
by the appellate authority (Revenue Divisional Officer, in this case), such value will be
regarded as the consideration received or accruing as a result of transfer.
In the given problem, land has been held for a period exceeding 36 months and building for a
period less than 36 months immediately preceding the date of transfer. So land is a long-term
capital asset, while building is a short-term capital asset.
Particulars `
Long term capital gain on sale of land
Consideration received or accruing as a result of transfer of land 22,00,000
Less: Indexed cost of acquisition ` 5,19,000 x 1125/711 8,21,203

Capital Gains 4.187
Long-term capital gain (A) 13,78,797

Short-term capital loss on sale of building
Consideration received or accruing from transfer of building 10,00,000
Less: Cost of acquisition 14,00,000
Short term capital loss (B) 4,00,000
As per section 70, short-term capital loss can be set-off against long-term capital gains.
Therefore, the net taxable long-term capital gains would be ` 9,78,797 (i.e., ` 13,78,797 –
` 4,00,000).
In the hands of the buyer Mr. Dhuruv
As per section 56(2)(vii), where an individual or HUF receives from a non-relative, any
immovable property for a consideration which is less than the stamp value (or the value
reduced by the appellate authority, as in this case) by an amount exceeding ` 50,000, then
the difference between such value and actual consideration of such property is chargeable to
tax as income from other sources. Therefore, ` 7,00,000 (i.e. ` 32,00,000 - ` 25,00,000)
would be charged to tax as income from other sources under section 56(2)(vii) in the hands of
Mr. Dhuruv.
Question 15
Compute the net taxable capital gains of Smt. Megha on the basis of the following information-
A house was purchased on 1.5.1997 for ` 4,50,000 and was used as a residence by the
owner. The owner had contracted to sell this property in June, 2008 for ` 10 lacs and had
received an advance of ` 70,000 towards sale. The intending purchaser did not proceed with
the transaction and the advance was forfeited by the owner. The property was sold in April,
2016 for ` 16,00,000. The owner, from out of sale proceeds, invested ` 3 lacs in a new
residential house in January, 2017.
Cost inflation index :- F.Y. 1997-98 – 331; F.Y. 2016-17 - 1125
Answer
Computation of net taxable capital gains of Smt. Megha for the A.Y.2017-18
Particulars `
Less: Indexed cost of acquisition (See Working note below) 12,91,541
Less: Exemption under section 54 (See Note 1 below) 3,00,000
Taxable long term capital gain 8,459

4.188 Income-tax
Working Note:
Indexed cost of acquisition `
Purchase price 4,50,000
Less: Amount forfeited (See Note 2 below) 70,000
Cost of acquisition 3,80,000
Indexed cost of acquisition ` 3,80,000 × 1125/331 12,91,541

Notes:
(1) Exemption under section 54 is available if one new residential house is purchased within
two years from the date of transfer of existing residential house, which is a long-term
capital asset. Since the cost of new residential house is less than the long-term capital
gains, capital gains to the extent of cost of new house, i.e., ` 3 lakh, is exempt under
section 54.
(2) As per section 51, any advance received and retained by the assessee, as a result of
earlier negotiations for sale of the asset, shall be deducted from the purchase price for
computing the cost of acquisition of the asset.
Question 16
State, with reasons, whether the following statements are True or False.
(i) Alienation of a residential house in a transaction of reverse mortgage under a scheme
made and notified by the Central Government is treated as "transfer" for the purpose of
capital gains.
(ii) Zero coupon bonds of eligible corporation, held for more than 12 months, will be long-
term capital assets.
(iii) In the case of a dealer in shares, income by way of dividend is taxable under the head
"Profits and gains of business or profession".
(iv) Where an urban agricultural land owned by an individual, continuously used by him for
agricultural purposes for a period of two years prior to the date of transfer, is
compulsorily acquired under law and the compensation is fixed by the State Government,
resultant capital gain is exempt.
(v) Zero Coupon Bond means a bond on which no payment and benefits are received or
receivable before maturity or redemption.
(vi) Income from growing and manufacturing tea in India is treated as agricultural income
wholly.

Capital Gains 4.189
Answer
(i) False : As per section 47(xvi), such alienation in a transaction of reverse mortgage under
a scheme made and notified by the Central Government is not regarded as "transfer" for
the purpose of capital gains.
(ii) True : Section 2(42A) defines the term 'short-term capital asset'. Under the proviso to
section 2(42A), zero coupon bond held for not more than 12 months will be treated as a
short-term capital asset. Consequently, such bond held for more than 12 months will be a
long-term capital asset.
(iii) False : In view of the provisions of section 56(2)(i), dividend income is taxable under the
head "Income from other sources" in the case of all assessees.
(iv) False: As per section 10(37), where an individual owns urban agricultural land which has
been used for agricultural purposes for a period of two years immediately preceding the
date of transfer, and the same is compulsorily acquired under any law and the
compensation is determined or approved by the Central Government or the Reserve
Bank of India, resultant capital gain will be exempt.
In this case, the compensation has been fixed by the State Government and hence the
exemption will not be available.
(v) True: As per section 2(48), ‘Zero Coupon Bond’ means a bond issued by any
infrastructure capital company or infrastructure capital fund or a public sector company,
or Scheduled Bank on or after 1st June 2005, in respect of which no payment and benefit
is received or receivable before maturity or redemption from such issuing entity and
which the Central Government may notify in this behalf.
(vi) False : Only 60% of the income derived from the sale of tea grown and manufactured by
the seller in India is treated as agricultural income and the balance 40% of the income
shall be non-agricultural income chargeable to tax [Rule 8 of Income-tax Rules, 1962].
Question 17
Singhania & Co. own six machines, put in use for business in March, 2016. The depreciation on
these machines is charged @ 15%. The written down value of these machines as on 1st April, 2016
was ` 8,50,000. Three of the old machines were sold on 10th June, 2016 for ` 11,00,000.
A new plant was bought for ` 8,50,000 on 30th November, 2016.
You are required to:
(i) determine the claim of depreciation for Assessment Year 2017-18.
(ii) compute the capital gains liable to tax for Assessment Year 2017-18.
(iii) If Singhania & Co. had sold the three machines in June, 2016 for ` 21,00,000, will there
be any difference in your above workings? Explain.

4.190 Income-tax
Answer
(i) Computation of depreciation for A.Y.2017-18
Particulars `
W.D.V. of the block as on 1.4.2016 8,50,000
Add: Purchase of new plant during the year _8,50,000
17,00,000
Less: Sale consideration of old machinery during the year 11,00,000
W.D.V of the block as on 31.03.2017 _6,00,000
Since the value of the block as on 31.3.2017 comprises of a new asset which has been
put to use for less than 180 days, depreciation is restricted to 50% of the prescribed
percentage of 15% i.e. depreciation is restricted to 7½%. Therefore, the depreciation
allowable for the year is ` 45,000, being 7½% of ` 6,00,000.
Note: It is assumed that the firm is not eligible for additional depreciation under section
32(1)(iia).
(ii) The provisions under section 50 for computation of capital gains in the case of
depreciable assets can be invoked only under the following circumstances:
(a) When one or some of the assets in the block are sold for consideration more than
the value of the block.
(b) When all the assets are transferred for a consideration more than the value of the block.
(c) When all the assets are transferred for a consideration less than the value of the block.
Since in the first two cases, the sale consideration is more than the written down value of
the block, the computation would result in short term capital gains.
In the third case, since the written down value exceeds the sale consideration, the
resultant figure would be a short term capital loss.
In the given case, capital gains will not arise as the block of asset continues to exist, and
some of the assets are sold for a price which is lesser than the written down value of the
block.
(iii) If the three machines are sold in June, 2016 for ` 21,00,000, then short term capital gains
would arise, since the sale consideration is more than the aggregate of the written down
value of the block at the beginning of the year and the additions made during the year.
Particulars ` `
Less: W.D.V. of the machines as on 1.4.2016 8,50,000
Purchase of new plant during the year 8,50,000 17,00,000
Short term capital gains 4,00,000

Capital Gains 4.191
Question 18
Ms. Paulomi has transferred 1,000 shares of Hetal Ltd., (which she acquired at a cost of
` 10,000 in the financial year 2002-03) to Dhaval, her brother, at a consideration of ` 3,12,934
on 15.5.2016 privately.
During the financial year 2016-17, she has paid through e-banking ` 15,000 towards medical
premium, ` 50,000 towards life insurance premium and ` 25,000 towards PPF.
Assuming she has no other source of income, compute her total income and tax payable for
the Assessment Year 2017-18.
Cost Inflation Index: for F.Y.2002- 03: 447; F.Y.2016-17 : 1125
Answer
Computation of total income and tax liability of Ms. Paulomi for A.Y. 2017-18
Particulars `
Less: Indexed cost of acquisition (` 10,000 × 1125/447) 25,168
Tax liability
Income-tax @ 20% on ` 37,770 (` 2,88,750 – ` 2,50,000) 7,554
Less: Rebate under section 87A 5,000
2,554
Add: Education cess and secondary and higher education cess @ 3% 77
Tax payable (rounded off) 2,630
Notes :
1. As per section 112, deductions under Chapter VI-A are not allowable against long term
capital gain. Therefore, Paulomi is not entitled to deduction under section 80C in respect
of payment of life insurance premium and contribution to PPF. She is also not entitled to
deduction under section 80D in respect of medical insurance premium paid by her.
2. Since Paulomi has not transferred her shares through the Stock Exchange and,
therefore, has not paid securities transaction tax, she is not entitled to claim exemption
under section 10(38) in respect of long term capital gain.
3. She is, however, entitled to reduce the long-term capital gain by the unexhausted basic
exemption limit and pay tax on the balance @20% as per section 112. In this case, since
she has no other source of income, the entire basic exemption limit of ` 2,50,000 to the
extent of long-term capital gain can be reduced from the long-term capital gain.

4.192 Income-tax
Question 19
Aarav converts his plot of land purchased in July, 2002 for ` 80,000 into stock-in-trade on 31st
March, 2016. The fair market value as on 31.3.2016 was ` 2,00,000. The stock-in-trade was
sold for ` 2,25,000 in the month of January, 2017.
Find out the taxable income, if any, and if so under which ‘head of income’ and for which
Assessment Year?
Cost Inflation Index: F.Y. 2002-03: 447; F.Y. 2015-16: 1081; F.Y. 2016-17: 1125.
Answer
Conversion of a capital asset into stock-in-trade is a transfer within the meaning of section
2(47) in the previous year in which the asset is so converted. However, the capital gains will
be charged to tax only in the year in which the stock-in-trade is sold.
The cost inflation index of the financial year in which the conversion took place should be
considered for computing indexed cost of acquisition. Further, the fair market value on the
date of conversion would be deemed to be the full value of consideration for transfer of the
asset as per section 45(2). The sale price less the fair market value on the date of conversion
would be treated as the business income of the year in which the stock-in-trade is sold.
Therefore, in this problem, both capital gains and business income would be charged to tax in
the A.Y. 2017-18.
Particulars `
Capital Gains
Sale consideration (Fair market value on the date of conversion) 2,00,000
Less: Indexed cost of acquisition (` 80,000 × 1081/447) 1,93,468
Long-term capital gain 6,532
Profits & Gains of Business or Profession
Sale price of stock-in-trade 2,25,000
Less: Fair market value on the date of conversion 2,00,000
25,000
Computation of taxable income of Mr. Aarav for A.Y.2017-18
Particulars `
Profits and gains from business or profession 25,000
Long term capital gains 6,532
31,532
Question 20
Discuss the tax implications arising consequent to conversion of a capital asset into stock-in-
trade of business and its subsequent sale.

Capital Gains 4.193
Answer
The conversion of a capital asset into stock-in-trade is treated as a transfer under section
2(47). It would be treated as a transfer in the year in which the capital asset is converted into
stock-in-trade. However, as per section 45(2), the profits or gains arising from the transfer by
way of conversion of capital assets into stock-in-trade will be chargeable to tax only in the
year in which the stock-in-trade is sold. For the purpose of computing capital gains in such
cases, the fair market value of the capital asset on the date on which it was converted into
stock-in-trade shall be deemed to be the full value of consideration received or accruing as a
result of the transfer of the capital asset. Indexation benefit is available upto the year of
conversion of capital asset in stock-in-trade.
On subsequent sale of such stock-in-trade, business profits would arise. The business income
chargeable to tax would be the difference between the price at which the stock-in-trade is sold
and the fair market value on the date of conversion of the capital asset into stock-in-trade.
Question 21
What is the cost of acquisition of self-generated assets, for the purpose of computation of
capital gains?
Answer
1. Cost of acquisition of a capital asset, being goodwill of a business or a trade mark or
brand name associated with a business or a right to manufacture, produce or process
any article or thing, or right to carry on any business, tenancy rights, stage carriage
permits and loom hours [Section 55(2)(a)]
(i) If the above capital assets have been purchased by the assessee, the cost of
acquisition is the amount of the purchase price. For example, if Mr. A purchases a
stage carriage permit from Mr. B for ` 2 lacs, that will be the cost of acquisition for
Mr. A.
(ii) If the above capital assets are self-generated, the cost of acquisition shall be taken
as nil.
(iii) In case the capital asset is acquired by any mode given under clauses (i) to (iv) of
section 49(1), the cost of acquisition will be the cost to the previous owner if the
previous owner paid for it. However, if it was self-generated by the previous owner,
the cost of acquisition will be taken as nil.
2. Cost of acquisition of other self-generated assets not covered under section
55(2)(a):
In respect of self-generated goodwill of a profession and other self-generated assets not
specifically covered under section 55(2)(a), the decision of the Supreme Court in CIT v.
B.C. Srinivasa Setty [1981] 128 ITR 294 will apply. In that case, the Supreme Court held
that if the cost of acquisition of a self-generated asset is incapable of determination, then
transfer of such asset is not taxable and consequently the gains thereon cannot be
brought to charge.

4.194 Income-tax
Question 22
Mr. Malik owns a factory building on which he had been claiming depreciation for the past few
years. It is the only asset in the block. The factory building and land appurtenant thereto were
sold during the year. The following details are available:
Particulars `
Building completed in September, 2009 for 10,00,000
Land appurtenant thereto purchased in April, 2002 for 12,00,000
Advance received from a prospective buyer for land in May, 2003, forfeited 50,000
in favour of assessee, as negotiations failed
WDV of the building block as on 1.4.2016 8,74,800
Sale value of factory building in November, 2016 8,00,000
Sale value of appurtenant land in November, 2016 40,00,000
The assessee is ready to invest in long-term specified assets under section 54EC, within specified time.
Compute the amount of taxable capital gain for the assessment year 2017-18 and the amount
to be invested under section 54EC for availing the maximum exemption.
Cost inflation indices are as under :
2002-03 447
2003-04 463
2016-17 1125
Answer
Computation of taxable capital gain of Mr. Malik for A.Y.2017-18
Particulars ` `
Factory building
Sale price of building 8,00,000
Less: WDV as on 1.4.2016 8,74,800
Short-term capital loss on sale of building (-) 74,800
Land appurtenant to the above building
Sale value of land 40,00,000
Long-term capital gains on sale of land 11,05,705
Chargeable long term capital gain 10,30,905

Capital Gains 4.195
Investment under section 54EC

In this case, both land and building have been held for more than 36 months and hence, are
long-term capital assets. Exemption under section 54EC is available if the capital gains arising
from transfer of a long-term capital asset are invested in long-term specified assets like bonds
of National Highways Authority of India and Rural Electrification Corporation Ltd., within 6
months from the date of transfer. As per section 54EC, the amount to be invested for availing
the maximum exemption is the net amount of capital gain arising from transfer of long-term
capital asset, which is ` 10,30,905 (rounded off to ` 10,30,910) in this case.
Notes :
1. Where advance money has been received by the assessee, and retained by him, as a
result of failure of the negotiations, section 51 will apply. The advance retained by the
assessee will go to reduce the cost of acquisition. Indexation is to be done on the cost of
acquisition so arrived at after reducing the advance money forfeited i.e. ` 12,00,000 –
` 50,000 = ` 11,50,000. It may be noted that in cases where the advance money is
forfeited during the previous year 2015-16 or thereafter, the amount forfeited would be
taxable under the head “Income from Other Sources” and such amount will not be
deducted from the cost of acquisition of such asset while calculating capital gains.
2. Factory building on which depreciation has been claimed, is a depreciable asset. Profit /
loss arising on sale is deemed to be short-term capital gain/loss as per section 50, and
no indexation benefit is available.
3. Land is not a depreciable asset, hence section 50 will not apply. Being a long-term
capital asset (held for more than 36 months), indexation benefit is available.
4. As per section 74, short term capital loss can be set-off against any income under the
head “Capital gains”, long-term or short-term. Therefore, in this case, short-term capital
loss of ` 74,800 can be set-off against long-term capital gain of ` 11,05,705.
Question 23
Mr. A is an individual carrying on business. His stock and machinery were damaged and
destroyed in a fire accident.
The value of stock lost (total damaged) was ` 6,50,000. Certain portion of the machinery
could be salvaged. The opening WDV of the block as on 1-4-2016 was ` 10,80,000.
During the process of safeguarding machinery and in the fire fighting operations, Mr. A lost his
gold chain and a diamond ring, which he had purchased in April, 2004 for ` 1,20,000. The
market value of these two items as on the date of fire accident was ` 1,80,000.
Mr. A received the following amounts from the insurance company:
(i) Towards loss of stock ` 4,80,000
(ii) Towards damage of machinery ` 6,00,000
(iii) Towards gold chain and diamond ring ` 1,80,000

4.196 Income-tax
You are requested to briefly comment on the tax treatment of the above three items under the
provisions of the Income-tax Act, 1961.
Answer
(i) Compensation towards loss of stock: Any compensation received from the insurance
company towards loss/damage to stock in trade is to be construed as a trading receipt.
Hence, ` 4,80,000 received as insurance claim for loss of stock has to be assessed
under the head “Profit and gains of business or profession”.
Note - The assessee can claim the value of stock destroyed by fire as revenue loss,
eligible for deduction while computing income under the head “Profits and gains of
business or profession”.
(ii) Compensation towards damage to machinery: The question does not mention
whether the salvaged machinery is taken over by the Insurance company or whether
there was any replacement of machinery during the year. Assuming that the salvaged
machinery is taken over by the Insurance company, and there was no fresh addition of
machinery during the year, the block of machinery will cease to exist. Therefore,
` 4,80,000 being the excess of written down value (i.e ` 10,80,000) over the insurance
compensation (i.e. ` 6,00,000) will be assessable as a short-term capital loss.
Note – If new machinery is purchased in the next year, it will constitute the new block of
machinery, on which depreciation can be claimed for that year.
(iii) Compensation towards loss of gold chain and diamond ring: Gold chain and
diamond ring are capital assets as envisaged by section 2(14). They are not “personal
effects”, which alone are to be excluded. As per section 45(1A), if any profit or gain
arises in a previous year owing to receipt of insurance claim, the same shall be
chargeable to tax as capital gains. The capital gains has to be computed by reducing the
indexed cost of acquisition of jewellery from the insurance compensation of ` 1,80,000.
Question 24
Mr. A who transfers land and building on 02.01.2017, furnishes the following information:
(i) Net consideration received ` 18 lakhs.
(ii) Value adopted by stamp valuation authority, which was not contested by Mr. A ` 22
lakhs.
(iii) Value ascertained by Valuation Officer on reference by the Assessing Officer ` 25 lakhs.
(iv) This land was distributed to Mr. A on the partial partition of his HUF on 1.4.1981. Fair
market value of the land as on 1.4.81 was ` 1,10,000.
(v) A residential building was constructed on the above land by Mr. A at a cost of ` 3,20,000
(construction completed on 1.12.2003) during the financial year 2003-04.
(vi) Brought forward unabsorbed short-term capital loss (incurred on sale of shares during
the financial year 2012-13) ` 75,000.

Capital Gains 4.197
Mr. A seeks your advice as to the amount to be invested in NHAI/RECL bonds so as to be

exempt from clutches of capital gain tax. Cost inflation indices for the financial years 1981-82,
2003-04 & 2016-17 are 100, 463 and 1125, respectively.
Answer
Computation of Capital Gains of Mr. A for the Assessment Year 2017-18
Particulars ` `
Full value of consideration (deemed) (See Note-1&2) 22,00,000
(Indexation benefit is available since land and buildings are long-
term capital assets)
Less: Indexed cost of land (` 1,10,000 × 1125/100) 12,37,500
Indexed cost of building (` 3,20,000 × 1125/ 463) 7,77,538 20,15,038
Less: Brought forward short-term capital loss set off(See Note-4) 75,000
Amount to be invested in NHAI / RECL bonds 1,09,962
Notes :
(1) Where the consideration received or accruing as a result of transfer of a capital asset,
being land or building or both, is less than the value adopted or assessed by any
authority of a State Government (Stamp Valuation Authority) for the purpose of payment
of stamp duty in respect of such asset and the same is not contested by the assessee,
such value adopted or assessed shall be deemed to be the full value of the consideration
received or accruing as a result of such transfer [Section 50C(1)]. Accordingly, the full
value of consideration will be ` 22 lakhs in this case.
(2) It is further provided in section 50C(3) that where the valuation is referred by the
Assessing Officer to Valuation Officer and the value ascertained by such Valuation
Officer exceeds the value adopted or assessed by the Stamp Valuation Authority, the
value adopted or assessed by the Stamp Valuation Authority shall be taken as the full
value of the consideration received or accruing as a result of the transfer. Since the value
ascertained by the valuation officer (i.e. ` 25 lakhs) is higher than the value adopted by
the stamp valuation authority (i.e. ` 22 lakhs), the full value of consideration in this case
is ` 22 lakhs.
(3) Cost of land which is acquired on partition of HUF is the cost to the previous owner.
Since date and cost of acquisition to the previous owner are not given, fair market value
as on 1.4.1981 is taken as the cost and indexed.
(4) Brought forward unabsorbed short term capital loss can be set off against any capital
gains, short term or long term, for 8 assessment years immediately succeeding the
assessment year for which the loss was first computed.

4.198 Income-tax
(5) As per section 54EC, an assessee can avail exemption in respect of long-term capital
gains, if such capital gains are invested in the bonds issued by the NHAI / RECL
redeemable after 3 years. Such investment is required to be made within a period of 6
months from the date of transfer of the asset. The exemption shall be the amount of
capital gain or the amount of such investment made, whichever is less.
Question 25
Mr. X is in possession of agricultural land situated within urban limits, which is used for
agricultural purposes during the preceeding 3 years by his father. On 4.4.2016, this land is
compulsorily acquired by the Central Government of India on a compensation fixed and paid
by it for ` 10 lakhs. Advise X as to the tax consequences, assuming that the entire amount is
invested in purchase of shares.
Answer
Section 10(37) exempts the capital gains arising to an individual or a Hindu Undivided Family
from transfer of agricultural land by way of compulsory acquisition, or a transfer, the
consideration for which is determined or approved by the RBI or the Central Government.
Such exemption is available where the compensation or the enhanced compensation or
consideration, as the case may be, is received on or after 1st April, 2004 and the land has
been used for agricultural purposes during the preceding two years by such individual or a
parent of his or by such Hindu undivided family.
Since all the above conditions are fulfilled in this case, X is entitled to exemption under section
10(37) of the entire capital gains arising on sale of agricultural land.
Question 26
Mr. Sagar, a resident individual acquired a plot of land at a cost of ` 75,000 in June,
1999. He constructed a house for his residence on that land at a cost of ` 1,25,000 in the
financial year 2001-02.
He transferred the house for ` 15,00,000 in May, 2016 and acquired another residential
house in June, 2016 for ` 8,00,000.
He furnishes other particulars as under
Insurance agency commission earned 45,000
(Net of TDS of ` 5,000)
Investment in NSC VIII issue 20,000
(i.e. on 20-3-2017)
Cost inflation index details are given below:
Financial Year Cost Inflation Index
1999 – 2000 389

Capital Gains 4.199
2001 – 2002 426

2016 – 2017 1125
Compute the total income of Mr. Sagar for the assessment year 2017-18.
Answer
Computation of total income of Mr. Sagar for the A.Y. 2017-18
Particulars ` `
Capital Gains
Less: Indexed cost of land (` 75,000 x 1125/389) 2,16,902
Indexed cost of building (` 1,25,000 x 1125/426) 3,30,106 5,47,008
9,52,992
Less: Exemption under section 54 (See Note 2 below) 8,00,000
Profit and gains from business or profession/Income
from other sources
Insurance agency commission earned (Gross)
(` 45,000 + ` 5,000) 50,000
Section 80C - Investment in NSC VIII 20,000
Total Income (Rounded off) 1,82,990
Notes:
(1) Since the building and the land are held for more than 36 months, the same are long-
term capital assets and the capital gain arising on sale of such assets is a long-term
capital gain.
(2) As per the provisions of section 54, the capital gain arising on transfer of a long-term
residential property shall not be chargeable to tax to the extent such capital gain is
invested in the purchase of a residential house property one year before or two years
after the date of transfer of original asset or constructed a residential house property
within three years after such date. Since Mr. Sagar has purchased another residential
house in June, 2016 for ` 8,00,000, the capital gain arising on transfer of residential
house property in May, 2016 is exempt under section 54 to that extent.

4.200 Income-tax
Question 27
Mr. Y submits the following information pertaining to the year ended 31 st March, 2017:
(i) On 30.11.2016, when he attained the age of 60, his friends in India gave a flat at Surat
as a gift, each contributing a sum of ` 20,000 in cash. The cost of the flat purchased
using the various gifts was ` 3.40 lacs.
(ii) His close friend abroad sent him a cash gift of ` 75,000 through his relative for the above
occasion.
(iii) Mr. Y sold the above flat on 30.1.2017 for ` 3.6 lacs. The Registrar’s valuation for stamp duty
purposes was ` 3.7 lacs. Neither Mr. Y nor the buyer, questioned the value fixed by the Registrar.
(iv) He had purchased some unlisted equity shares in X Pvt. Ltd., on 5.2.2007 for ` 3.5 lacs.
These shares were sold on 15.3.2017 for ` 2.8 lacs.
You are requested to calculate the total income of Mr. Y for the assessment year 2017-18.
[Cost Inflation Index for F.Y. 2006-07: 519, 2016-17: 1125]
Answer
Computation of total income of Mr. Y for A.Y. 2017-18
Particulars ` ` `
Capital Gains
Short term capital gains (on sale of flat)
(i) Sale consideration 3,60,000
(ii) Stamp duty valuation 3,70,000
Consideration for the purpose of capital gains as per 3,70,000
section 50C (stamp duty value, since it is higher than
sale consideration)
Less: Cost of acquisition [As per section 49(4), cost to
be taken into consideration for 56(2)(vii) will be the
cost of acquisition] 3,40,000 30,000
Long term capital loss on sale of equity shares of X
Pvt. Ltd
Less: Indexed cost of acquisition (` 3,50,000 ×
1125/519) 7,58,671
Long term capital loss to be carried forward 4,78,671
(See Note 1 below)
Income from other sources:
Gift from friends by way of immovable property on 3,40,000

Capital Gains 4.201
30.11.2016 [See Note 3 below].

Gift received from a close friend (unrelated person)
[See Note 2 below] 75,000
Notes:
1. In the given problem, unlisted shares of X Pvt. Ltd. have been held for more than 24 months
and hence, constitute a long term capital asset. The loss arising from sale of such shares is,
therefore, a long-term capital loss. As per section 70(3), long term capital loss can be set-off
only against long-term capital gains. Therefore, long-term capital loss cannot be set-off
against short-term capital gains. However, such long-term capital loss can be carried forward
to the next year for set-off against long-term capital gains arising in that year.
2. Any sum received from an unrelated person will be deemed as income and taxed as
income from other sources if the aggregate sum received exceeds ` 50,000 in a year
[Section 56(2)(vii)].
3. Receipt of immovable property without consideration would attract the provisions of
section 56(2)(vii).
Question 28
Mr. Bala sold his vacant site on 21.09.2016 for ` 7,00,000. It was acquired by him on
01.10.1995 for ` 1,50,000.
The State stamp valuation authority fixed the value of the site at the time of transfer @
` 13,00,000.
Compute capital gains in the hands of Bala and give your reasons for computation.
Cost inflation index : F.Y.1995-96: 281 and F.Y. 2016-17 : 1125.
Answer
Computation of capital gains of Bala for the A.Y.2017-18
Particulars `
Deemed sale consideration as per section 50C 13,00,000
Less : Indexed cost of acquisition (` 1,50,000 × 1125 /281) 6,00,534
Taxable long term capital gain 6,99,466
Note: According to section 50C(1), where the consideration received or accruing as a result of
the transfer of land or building or both is less than the value adopted or assessed or
assessable by the State Stamp Valuation Authority for the purpose of payment of stamp duty
in respect of such transfer, then the value so adopted or assessed or assessable by the State
Stamp Valuation Authority shall be deemed to be the full value of the consideration received
or accruing as a result of the transfer.

4.202 Income-tax
In this case, since the consideration of ` 7,00,000 received on transfer of land is less than the
value of ` 13,00,000 fixed by the State Stamp Valuation Authority, the value adopted by the
State Stamp Valuation Authority is deemed to be the full value of consideration and capital
gains is calculated accordingly.
Question 29
Mr. ‘X’ furnishes the following data for the previous year ending 31.3.2017:
(a) Unlisted Equity Shares of AB Ltd., 10,000 in number were sold on 31.5.2016, at ` 500 for
each share.
(b) The above shares of 10,000 were acquired by ‘X’ in the following manner:
(i) Received as gift from his father on 1.6.1980 (5,000 shares) the fair market value on
1.4.1981 ` 50 per share.
(ii) Bonus shares received from AB Ltd. on 21.7.1985 (2,000 shares).
(iii) Purchased on 1.2.1994 at the price of ` 125 per share (3,000 shares).
(c) Purchased one residential house at ` 25 lakhs, on 1.5.2017 from the sale proceeds of
shares.
(d) ‘X’ is already owning a residential house, even before the purchase of above house.
You are required to compute the taxable capital gain. He has no other source of income
chargeable to tax.
(Cost Inflation Index – Financial year 1985-86: 133; 1993-94: 244; Financial year 2016-17:
1125)
Answer
Computation of taxable capital gain of Mr. ‘X’ for A.Y. 2017-18
Particulars ` `
Sale consideration received on sale of 10,000 shares @ ` 500 each 50,00,000
Less: Indexed cost of acquisition
(a) 5,000 shares received as gift from father on 1.6.1980
Indexed cost 5,000 x ` 50 x 1125/100 28,12,500
(b) 2,000 bonus shares received from AB Ltd Nil
Bonus shares are acquired on 21.7.1985 i.e. after 01.04.1981.
Hence, the cost is Nil.
(c) 3000 shares purchased on 1.2.1994 @ ` 125 per share. The
indexed cost is 3000 x 125 x 1125/244 17,28,996 45,41,496
Less : Exemption under section 54F (See Note below)

Capital Gains 4.203
` 4,58,504 x ` 25,00,000 / ` 50,00,000

2,29,252
Taxable long term capital gain
2,29,252
Note: Exemption under section 54F can be availed by the assessee subject to fulfillment of
the following conditions:
(a) The assessee should not own more than one residential house on the date of transfer of
the long-term capital asset;
(b) The assessee should purchase a residential house within a period of 1 year before or 2
years after the date of transfer or construct a residential house within a period of 3 years
from the date of transfer of the long-term capital asset.
In this case, the assessee has fulfilled the two conditions mentioned above. Therefore, he is
entitled to exemption under section 54F.
Question 30
Ms. Vimla sold a residential building at Jodhpur for ` 15,00,000 on 01-07-2016.
The building was acquired for ` 1,50,000 on 01-06-1997.
She paid brokerage @ 2% at the time of sale of the building. She invested ` 7 lakhs in
purchase of a residential building in December 2016 and deposited ` 2 lakhs in NHAI Capital
Gains Bond in March, 2017. Compute her taxable capital gain.
Cost inflation index of F.Y.1997-98: 331; F.Y. 2016-17: 1125
Answer
Computation of taxable capital gain of Ms. Vimla for A.Y.2017-18
Particulars ` `
Sale price of residential building 15,00,000
Less : Brokerage @ 2% 30,000
Net consideration 14,70,000
Less : Indexed cost of acquisition
` 1,50,000 x 1125/331 5,09,819
9,60,181
Less: Deduction under section 54 for purchase of new
residential house in December 2016 7,00,000
Taxable long term capital gain 2,60,181
Note: One of the conditions for claiming exemption under section 54EC for the investment in
RECL/NHAI Capital Gains bonds is that the deposit should be made within 6 months from the

4.204 Income-tax
date of transfer. In this case, the transfer took place on 1.7.2016 and the 6 months period
within which the deposit should be made for the purpose of section 54EC would expire by
31.12.2016. The investment in REC/NHAI Capital Gains bonds was made only in March 2017.
Therefore, the assessee is not eligible for exemption under section 54EC.
Question 31
Mrs. Malini Hari shifted her industrial undertaking located in corporation limits of Faridabad, to
a Special Economic Zone (SEZ) on 1.12.2016.
The following particulars are available:
Particulars `
(a) Land: Purchased on 20.01.2003 4,26,000
Sold for 22,00,000
(b) Building [Construction completed on 14.03.2006]
WDV of building as on 01.04.2016 8,20,000
Sold for 11,39,000
(c) WDV of cars as on 01.04.2016 7,40,000
Sold for 6,00,000
(d) Expenses on shifting the undertaking 1,15,000
(e) Assets acquired for the undertaking in the SEZ (on or before 25.06.2017):
(i) Land 3,00,000
(ii) Building 5,00,000
(iii) Computers 1,00,000
(iv) Car 4,20,000
(v) Machinery (Second hand) 2,00,000
(vi) Furniture 50,000
There is no intention of investing in any other asset in this undertaking.
Compute the exemption available under section 54GA for the assessment year 2017-18.
Cost inflation indices for F.Y.2002-03 – 447; F.Y.2016-17: 1125.
Answer
Where an assessee shifts an existing undertaking from an urban area to a SEZ and incurs
expenses for shifting and acquires new assets for the undertaking in the SEZ, exemption
under section 54GA would be available in such a case.
The capital gain, short-term or long-term, arising from transfer of land, building, plant and
machinery in the existing undertaking would be exempt under section 54GA if the assessee, within
a period of one year before or three years after the date on which the transfer took place,

Capital Gains 4.205
(i) acquires plant and machinery for use in the undertaking in the SEZ;
(ii) acquires land or building or constructs building for the business of the undertaking in the
SEZ;
(iii) incurs expenses on shifting of the undertaking.
Computation of capital gain :
(a) Land:
Sale price 22,00,000
Less: Indexed cost of acquisition 4,26,000 x 1125/447 10,72,148
(b) Building:
Sale value 11,39,000
Less: Opening WDV 8,20,000
Short-term capital gain under section 50 3,19,000
(c) Plant:
Car
Sale value 6,00,000
Less: Opening WDV 7,40,000
Short term capital loss under section 50 (-)1,40,000
Net short term capital gain (` 3,19,000 – ` 1,40,000) 1,79,000
Total capital gain (LTCG+STCG) i.e. ` 11,27,852+ ` 1,79,000 = ` 13,06,852
Exemption under section 54GA is available in respect of the following assets acquired
and expenses incurred:
Particulars `
Land 3,00,000
Building 5,00,000
Plant:
Computers 1,00,000
Car 4,20,000
Machinery 2,00,000
Expenses of shifting 1,15,000
Total Exemption 16,35,000

4.206 Income-tax
Note:
1. The total exemption available under section 54GA is the lower of capital gains of
` 13,06,852 or the amount of investment which is ` 16,35,000. Hence, the amount of
exemption available under section 54GA is ` 13,06,852. The taxable capital gains would
be Nil.
2. Furniture purchased is not eligible for exemption under section 54GA.
3. There is no restriction regarding purchase of second hand machinery.
4. Computers and car would constitute Plant.
Question 32
Mr. Thomas inherited a house in Jaipur under will of his father in May, 2003. The house was
purchased by his father in January, 1980 for ` 2,50,000. He invested an amount of ` 7,00,000 in
construction of one more floor in this house in June, 2005. The house was sold by him in
November, 2016 for ` 37,50,000. The valuation adopted by the registration authorities for charge
of stamp duty was ` 47,25,000 which was not contested by the buyer, but as per assessee’s
request, the Assessing Officer made a reference to Valuation officer. The value determined by the
Valuation officer was ` 47,50,000. Brokerage @ 1% of sale consideration was paid by Mr. Thomas
to Mr. Sunil. The fair market value of house as on 01.04.1981 was ` 2,70,000.
You are required to compute the amount of capital gain chargeable to tax for A.Y. 2017-18
with the help of given information and by taking CII for the F.Y. 2003-04 : 463, F.Y. 2005-06:
497 and for F.Y. 2016-17:1125.
Answer
Computation of Long term Capital Gain for A.Y. 2017-18
Particulars ` `
Sale consideration as per section 50C (Note-1) 47,25,000
Less: Expenses incurred on transfer being brokerage @ 1%
of sale consideration of ` 37.50 lacs 37,500
46,87,500
Less: Indexed cost of acquisition (Note-2)
(` 2,70,000 × 1125/463) 6,56,048
Indexed cost of improvement (` 7,00,000 × 1125/497) 15,84,507 22,40,555
Notes:
1. As per section 50C, where the consideration received or accruing as a result of transfer
of a capital asset, being land or building or both, is less than the valuation by the stamp
valuation authority, such value adopted or assessed by the stamp valuation authority

Capital Gains 4.207
shall be deemed to be the full value of consideration. Where a reference is made to the
valuation officer, and the value ascertained by the valuation officer exceeds the value
adopted by the stamp valuation authority, the value adopted by the stamp valuation
authority shall be taken as the full value of consideration.
Sale consideration ` 37,50,000
Valuation made by registration authority for stamp duty ` 47,25,000
Valuation made by the valuation officer on a reference ` 47,50,000
Applying the provisions of section 50C to the present case, ` 47,25,000, being, the value
adopted by the registration authority for stamp duty, shall be taken as the sale
consideration for the purpose of charge of capital gain.
2. The house was inherited by Mr. Thomas under the will of his father and therefore, the cost
incurred by the previous owner shall be taken as the cost. Fair market value as on 01.04.81,
accordingly, shall be adopted as the cost of acquisition of the house property. However,
indexation benefit will be given from the year in which Mr. Thomas first held the asset i.e.
P.Y.2003-04.
Alternative view: In the case of CIT v. Manjula J. Shah 16 Taxmann 42 (Bom.), the
Bombay High Court held that the indexed cost of acquisition in case of gifted asset can
be computed with reference to the year in which the previous owner first held the asset.
As per this view, the indexed cost of acquisition of house would be ` 30,37,500 and long
term capital gain would be ` 65,493.
Question 33
Ms. Vasudha contends that sale of a work of art held by her is not exigible to capital gains tax.
Is she correct?
Answer
As per section 2(14)(ii), the term “personal effects” excludes any work of art. As a result, any
work of art will be considered as a capital asset and sale of the same will attract capital gains
tax. Thus, the contention of Ms. Vasudha is not correct.
Question 34
Ms. Vasumathi purchased 10,000 equity shares of ABC Co. Pvt. Ltd. on 28.2.2005 for
` 1,20,000. The company was wound up on 31.7.2016. The following is the summarized
financial position of the company as on 31.7.2016:
Liabilities ` Assets `
60,000 Equity shares 6,00,000 Agricultural lands 42,00,000
General reserve 40,00,000 Cash at bank 6,50,000
Provision for taxation 2,50,000
48,50,000 48,50,000

4.208 Income-tax
The tax liability was ascertained at ` 3,00,000. The remaining assets were distributed to the
shareholders in the proportion of their shareholding. The market value of 6 acres of
agricultural land (in an urban area) as on 31.7.2016 is ` 10,00,000 per acre.
The agricultural land received above was sold by Ms. Vasumathi on 28.2.2017 for
` 15,00,000.
Discuss the tax consequences in the hands of the company and Ms. Vasumathi.
The cost inflation indices are: F.Y.2004-05: 480; F.Y.2016-17 : 1125
Answer
In the hands of the company
As per section 46(1), distribution of capital assets amongst the shareholders on liquidation of
the company is not regarded as “transfer” in the hands of the company. Consequently, there
will be no capital gains in the hands of the company.
In the hands of Ms. Vasumathi (shareholder)
Section 46(2) provides that such capital gains would be chargeable in the hands of the
shareholder.
Particulars `
Ms. Vasumathi holds 1/6th of the shareholding of the company
Market value of agricultural land received (1 acre @ ` 10 Lakhs) 10,00,000
Cash at bank [1/6th of (` 6,50,000 – ` 3,00,000)] 58,333
10,58,333
Less: Deemed dividend under section 2(22)(c) - 1/6th of (` 40,00,000-
` 50,000) 6,58,333
Consideration for computing Capital Gain 4,00,000
Less: Indexed cost of acquisition of Shares (` 1,20,000 x 1125/ 480) 2,81,250
Long term capital gains 1,18,750
Notes:
1. Where the capital asset became the property of the assessee on the distribution of the
capital assets of a company on its liquidation and the assessee has been assessed to
capital gains in respect of that asset under section 46, the cost of acquisition means the
fair market value of the asset on the date of distribution. Hence, the short-term capital
gains in the hands of Ms. Vasumathi (shareholder) at the time of sale of urban
agricultural land should be computed as follows:

Capital Gains 4.209
Particulars `
Less: Fair market value of the agricultural land on the date of
distribution 10,00,000
Short term capital gain 5,00,000
2. Dividend under section 2(22)(c) amounting to ` 6,58,333 will be exempt under section 10(34).
3. The tax liability ascertained at ` 3,00,000 has to be reduced from bank balance while
computing full value of consideration under section 46(2). ` 50,000, being the difference
between ` 3,00,000 and ` 2,50,000, has to be reduced from General Reserve for calculating
deemed dividend under section 2(22)(c).
Question 35
State with reasons whether the following statements are true or false having regard to the
(a) Capital gain of ` 75 lakh arising from transfer of long term capital assets on 1.5.2016 will
be exempt from tax if such capital gain is invested in the bonds redeemable after three
years, issued by NHAI under section 54EC.
(b) As per section 49(2A), read with section 47(xa) of the Income-tax Act, 1961, no capital
gains would arise on conversion of foreign currency exchangeable bonds into shares or
debentures, for facilitating the issue of FCEBs by companies.
Answer
(a) False : The exemption under section 54EC has been restricted, by limiting the maximum
investment in long term specified assets (i.e. bonds of NHAI or RECL, redeemable after 3
years) to ` 50 lakh, whether such investment is made during the relevant previous year
or the subsequent previous year, or both. Therefore, in this case, the exemption under
section 54EC can be availed only to the extent of ` 50 lakh, provided the investment is
made before 1.11.2016 (i.e., within six months from the date of transfer).
(b) True : As per section 47(xa), any transfer by way of conversion of bonds referred to in
section 115AC into shares and debentures of any company is not regarded as transfer.
Therefore, there will be no capital gains on conversion of foreign currency exchangeable
bonds into shares or debentures.
Question 36
Mrs. X, an individual resident woman, wanted to know whether income-tax is attracted on sale
of gold and jewellery gifted to her by her parents on the occasion of her marriage in the year
1979 which was purchased at a total cost of ` 2,00,000?

4.210 Income-tax
Answer
The definition of capital asset under section 2(14) includes jewellery. Therefore, capital gains is
attracted on sale of jewellery, since jewellery is excluded from personal effects. The cost to the
previous owner or the fair market value as on 1.4.1981, whichever is more beneficial to the
assessee, would be treated as the cost of acquisition. Accordingly, in this case, long term capital
gain @ 20% will be attracted in the year in which the gold and jewellery is sold by Mrs. X.
Question 37
Mr. Kumar, aged 50 years, is the owner of a residential house which was purchased in
September, 1993 for ` 5,00,000. He sold the said house on 5th August, 2016 for ` 24,00,000.
Valuation as per stamp valuation authority of the said residential house was ` 43,00,000. He
invested ` 5,00,000 in NHAI Bonds on 12th January, 2017. He purchased a residential house
on 5th July, 2017 for ` 10,00,000. He gives other particulars as follows:
Interest on Bank Fixed Deposit ` 32,000
Investment in public provident fund ` 50,000
You are requested to calculate the taxable income for the assessment year 2017-18 and the
tax liability, if any.
Cost inflation index for F.Y. 1993-94 and 2016-17 are 244 and 1125, respectively.
Answer
Computation of total income of Mr. Kumar for the A.Y.2017-18
Particulars ` `
Capital Gains:
Sale price of the residential house 24,00,000
Valuation as per Stamp Valuation authority 43,00,000
(Value to be taken is the higher of actual sale price or
valuation adopted for stamp duty purpose as per section
50C)
Therefore, Consideration for the purpose of Capital Gains 43,00,000
Less: Indexed Cost of Acquisition
` 5,00,000 x 1125/244 23,05,328
19,94,672
Less: Exemption under section 54 ` 10,00,000
Exemption under section 54EC ` 5,00,000 15,00,000

Capital Gains 4.211
Long-term capital gains 4,94,672

Interest on bank deposits 32,000
Section 80C – Deposit in PPF (restricted to ` 32,000)
32,000
Computation of Tax liability of Mr. Kumar for A.Y. 2017-18

Particulars `
Tax on ` 2,44,672 @ 20% [i.e. long term capital gain less basic exemption limit 48,934
(` 4,94,672- ` 2,50,000)]
Less: Rebate u/s 87A 5,000
43,934
Add: Education Cess@2% & SHEC @ 1% 1,318
Tax Payable 45,252
Tax Payable (Rounded off) 45,250
Notes:
1. The basic exemption limit of ` 2,50,000 can be adjusted against long term capital gains.
2. Deduction under section 80C should be restricted to gross total income excluding long
term capital gain.
Question 38
Mr. Pranav, a resident individual aged 55 years, had purchased a plot of land at a cost of
` 75,000 in June, 1999. He constructed a house for his residence on that land at a cost of
` 1,25,000 in August, 2001. He sold that house in May, 2016 at ` 16,00,000 and purchased
another residential house in June, 2016 for ` 8,00,000. He furnishes other income and
investment as follows :
Particulars `
Interest on fixed deposit with a bank (Net of TDS ` 5,000) 45,000
Investment in PPF 20,000
CII for financial year 1999-2000, 2001-02 and 2016-17 are 389, 426 and 1125 respectively.
You are required to compute taxable income and tax payable by Mr. Pranav for the

4.212 Income-tax

Answer
Computation of taxable income and tax payable by Mr. Pranav for the A.Y. 2017-18
Particulars ` `
1. Income from Capital Gains
Full value of consideration 16,00,000
Less : Indexed cost of acquisition of land
(` 75,000 × 1125/389) 2,16,902
Less: Indexed cost of construction of house
(` 1,25,000 × 1125/426) 3,30,106
10,52,992
Cost of new residential house 8,00,000
Long term capital gains 2,52,992
2. Income from other sources

Interest on Bank deposit (Net) 45,000
Add : Tax deducted at source 5,000 50,000
Less: Deduction under section 80C :
Components of Total income
Special income
Long-term Capital gains 2,52,992
Normal Income (` 50,000 – ` 20,000) 30,000
2,82,992
Tax on normal income of ` 30,000 Nil
Tax on LTCG
[LTCG (Maximum amount not chargeable to tax - Normal Income) @
20%] under section112 = {` 2,52,992 – (` 2,50,000 – ` 30,000)} x 20% 6,598
1,598

Capital Gains 4.213
Add : Education cess @ 2% 32

Tax payable 1,646
Less: Tax deducted at source 5,000
3,354
Tax Refundable (rounded off) 3,350
Question 39
Mr. C inherited from his father 8 plots of land in 1980. His father had purchased the plots in
1960 for ` 5 lakhs. The fair market value of the plots as on 1-4-1981 was ` 8 lakhs.
(` 1 lakh for each plot)
On 1st June 2001, C started a business of dealer in plots and converted the 8 plots as stock-
in-trade of his business. He recorded the plots in his books at ` 45 lakhs being the fair market
value on that date. In June 2005, C sold the 8 plots for ` 50 lakhs.
In the same year, he acquired a residential house property for ` 35 lakhs. He invested an
amount of ` 5 lakhs in construction of one more floor in his house in June 2006. The house
was sold by him in June 2016 for ` 75,00,000.
The valuation adopted by the registration authorities for charge of stamp duty was
` 98,00,000. As per the assessee's request, the Assessing Officer made a reference to a
Valuation Officer. The value determined by the Valuation Officer was ` 1,05,00,000.
Brokerage of 1 % of sale consideration was paid by C.
The relevant Cost Inflation Indices are:
F.Y. 1981-82 100
F.Y. 2001-02 426
F.Y. 2005-06 497
F.Y. 2006-07 519
F.Y. 2016-17 1125
Give the tax computation for the Assessment Year 2017-18.
Answer
Computation of total income and tax liability of Mr. C for A.Y. 2017-18
Particulars ` `
Capital Gains on sale of residential house property
Value declared by Mr. C ` 75,00,000
Value adopted by Stamp Valuation Authority ` 98,00,000

4.214 Income-tax
Valuation as per Valuation Officer ` 1,05,00,000

Gross Sale consideration (See Note 1) 98,00,000
Less: Brokerage@1% of sale consideration 75,000
Net Sale consideration 97,25,000
Indexed cost of improvement (` 5,00,000 × 1125/519) 10,83,815 90,06,350
Long-term capital gains (Total Income) 7,18,650
Tax on total income (See Note 2)

Long-term capital gain taxable@20% (` 7,18,650 – ` 2,50,000) 93,730
Tax liability (rounded off) 96,540
Notes:
1. As per section 50C, in case the value of sale consideration declared by the assessee is
less than the value adopted by the Stamp Valuation Authority for the purpose of charging
stamp duty, then, the value adopted by the Stamp Valuation Authority shall be taken to
be the full value of consideration. In case the valuation is referred to the Valuation Officer
and the value determined is more than the value adopted by the Stamp Valuation
Authority, the value determined by the Valuation Officer shall be ignored. Therefore, in
the present case, the sale consideration would be the stamp valuation of ` 98,00,000,
since the same is more than the sale value declared by Mr. C and less than the value
determined by the Valuation Officer.
2. As per section 112, the unexhausted basic exemption limit can be exhausted against the
long-term capital gains. Since Mr. C does not have any other income in the current year,
the whole of the basic exemption limit of ` 2,50,000 is exhausted against the long-term
capital gains of ` 7,18,650 and the balance long-term capital gains shall be
taxable@20%. It is assumed that Mr. C is a resident individual below the age of 60
years.
Question 40
Ms. Mohini transferred a house to her friend Ms. Ragini for ` 35,00,000 on 01-10-2016. The
Sub Registrar valued the land at ` 48,00,000. Ms. Mohini contested the valuation and the
matter was referred to Divisional Revenue Officer, who valued the house at
` 41,00,000. Accepting the said value, differential stamp duty was also paid and the transfer
was completed.

Capital Gains 4.215
The total income of Mohini and Ragini for the assessment year 2017-18, before considering
the transfer of said house are ` 2,80,000 and ` 3,45,000, respectively. Ms. Mohini had
purchased the house on 15th May 2011 for ` 25,00,000 and registration expenses were
` 1,50,000.
You are required to explain provisions of Income-tax Act, 1961 applicable to present case and
also determine the total income of both Ms. Mohini and Ms. Ragini taking into account the
above said transactions. Cost inflation indices for:
(i) Financial Year 2011-12 :785 and
(ii) Financial Year 2016-17 : 1125
Answer
Computation of total income of Ms. Mohini for A.Y. 2017-18
Particulars ` `
Long-term capital gain
(As per section 50C read with section 155(15), in case the
actual sale consideration is less than the stamp duty value
fixed by the stamp valuation authority (Sub-registrar, in this
case), the stamp duty value shall be deemed as the full value
of consideration.
Where the assessee contests the stamp valuation, and the
value is reduced by the Divisional Revenue Officer, such
reduced value will be regarded as the full value of
consideration accruing as a result of transfer.
Hence, in this case, ` 41,00,000, being the valuation by
Divisional Revenue Officer on which stamp duty is paid, would
be deemed as full value of consideration, since the same is
lower than the valuation by the Sub-registrar)
1125
Less: Indexed cost of acquisition [` 26,50,000 x ] 37,97,771 3,02,229
785
Other Income 2,80,000
Note: Cost of acquisition includes purchase price plus or
registration expenses i.e., ` 25,00,000 + ` 1,50,000 5,82,230
Computation of total income of Ms. Ragini for A.Y. 2017-18
Particulars `
Immovable property received for inadequate consideration 6,00,000

4.216 Income-tax
As per section 56(2)(vii), where an individual receives from a non-relative, any

immovable property for a consideration which is less than the stamp duty
value (or the value reduced by the Divisional Revenue Officer, as in this case)
by an amount exceeding ` 50,000, then, the difference between such value
and actual consideration of such property would be chargeable to tax as
income from other sources.
Therefore, ` 6,00,000 (i.e., ` 41,00,000 – ` 35,00,000) would be chargeable
to tax as income from other sources.
Other Income 3,45,000
Question 40
Mr. Martin, a resident individual sold his residential house property on 08-06-2016 for ` 70
lakhs which was purchased by him for ` 20 lakhs on 05-05-2005.
He paid ` 1 lakh as brokerage for the sale of said property. The stamp duty valuation
assessed by sub registrar was ` 80 lakhs.
He bought another house property on 25-12-2016 for ` 15 lakhs.
He deposited ` 10 lakhs on 10-11-2016 in the capital gain bond of National Highway Authority
of India (NHAI).
He deposited another ` 5 lakhs on 10-07-2017 in the capital gain deposit scheme with SBI for
construction of additional floor of house property.
Compute income under the head "Capital Gains” for A.Y.2017-18 as per Income-tax Act, 1961
and also income-tax payable on the assumption that he has no other income chargeable to
tax.
Cost inflation index for Financial Year 2005-06: 497 and 2016-17: 1125.
Answer
Computation of income under the head “Capital Gains” of Mr. Martin for A.Y. 2017-18
Particulars ` `
Long-term capital gain
[As per section 50C, in case the actual sale consideration
(i.e., ` 70 lakhs, in this case) is less than the stamp duty
value (i.e., ` 80 lakhs, in this case) assessed by the stamp
valuation authority (Sub-registrar, in this case), the stamp

Capital Gains 4.217
duty value shall be deemed as the full value of consideration]

Less: Expenses in connection with transfer (brokerage paid
for sale of property) _1,00,000
79,00 ,000
Less: Indexed cost of acquisition [20,00,000 x 1125 / 497] 45,27,163 38,72,837
Less: Exemption under section 54:
- Purchase of new residential house property
within two years from the date of sale of
residential house 15,00,000
- Deposit in Capital Gains Accounts Scheme on or
before the due date of filing of return of income
u/s 139(1) for construction of additional floor on
such house property. 10,00,000
25,00,000
Exemption under section 54EC:
- Investment in capital gains bond of NHAI within 6
months from the date of transfer (i.e., before
8.12.2016) 5,00,000 30,00,000
Taxable Capital Gains/Total Income _3,72,837
Total Income (rounded off) 3,72,840
Computation of tax liability of Mr. Martin for A.Y. 2017-18
Particulars `
Tax on ` 1,22,840 @ 20% [i.e., long term capital gain less basic 24,568
exemption limit (3,72,840–2,50,000)]
19,568
Add: Education cess@2% & SHEC@ 1% 587
Tax Payable 20,155
Tax Payable (rounded off) 20,160
Notes:
(1) Since Mr. Martin is a resident individual, the basic exemption limit of ` 2,50,000 has
been adjusted against long term capital gains and the balance long-term capital
gains is chargeable to tax @ 20% under section 112. Further, since his total income
is less than ` 5 lakh, he is eligible for rebate under section 87A.
(2) Exemption under section 54 is available in respect of reinvestment of capital gains
on sale of residential house in one residential house in India. In this case,
exemption would be available for amount invested in purchase of new residential

4.218 Income-tax
house and amount deposited for construction of additional floor in the same house,
since they together constitute one residential house.
Exercise
1. Distribution of assets at the time of liquidation of a company -
(a) is not a transfer in the hands of the company or the shareholders
(b) is not a transfer in the hands of the company but capital gains is chargeable to tax on such
distribution in the hands of the shareholders
(c) is not a transfer in the hands of the shareholders but capital gains is chargeable to tax on
such distribution in the hands of the company.
2. For an assessee, who is a salaried employee who invests in shares, what is the benefit available
in respect of securities transaction tax paid by him on sale of 100 listed shares of X Ltd. which
has been held by him for 14 months before sale?
(a) Rebate under section 88E is allowable in respect of securities transaction tax paid
(b) Securities transaction tax paid is treated as expenses of transfer and deducted from sale
consideration.
(c) Long term capital gains is completely exempt under section 10(38)
3. Under section 50C, the guideline value for stamp duty is taken as the full value of consideration
only if -
(a) the asset transferred is building and the actual consideration is less than the guideline value
(b) the asset transferred is either land or building or both and the actual consideration is less
than the guideline value
(c) the asset transferred is building, irrespective of the actual consideration.
4. When there is a reduction of capital by a company and amounts are distributed to shareholders,
(a) the entire distribution is subject to capital gains tax.
(b) the entire distribution is subject to tax under the head “Income from other sources”.
(c) The distribution attributable to accumulated profits is chargeable as deemed dividend and
distribution attributable to capital is subject to capital gains tax.
5. Where there is a transfer of a capital asset by a partner to the firm by way of capital contribution
or otherwise, the consideration would be taken as -
(a) The market value of the capital asset on the date of transfer
(b) The cost less notional depreciation of the capital asset
(c) The value of the asset recorded in the books of the firm.

Capital Gains 4.219
6. Under section 54EC, capital gains are exempted if invested in the bonds issued by NHAI & RECL-
(a) within a period of 6 months from the date of transfer of the asset
(b) within a period of 6 months from the end of the previous year
(c) within a period of 6 months from the end of the previous year or the due date for filing the
return of income under section 139(1), whichever is earlier
7. Any payment made by a company on purchase of its own listed shares from a shareholder in
accordance with the provisions of section 77A of the Companies Act, 1956-
(a) shall be regarded as dividend
(b) shall not be regarded as dividend but capital gains tax liability is attracted in the hands of
the shareholder
(c) shall neither be regarded as dividend nor will it attract capital gains tax in the hands of the
shareholder.
8. Discuss the conditions to be satisfied for claiming exemption of tax in respect of -
(a) Capital gains on compulsory acquisition of agricultural land situated within specified urban
limits
(b) Capital gains on sale of listed equity shares/units of an equity oriented fund.
(i) Capital gains in the case of slump sale under section 50B
(ii) Reference to Valuation Officer under section 55A
10. What is the tax treatment, under the Income-tax Act, 1961, of capital gains arising on transfer of
assets in case of shifting of industrial undertaking from an urban area to any special economic
zone? Discuss.
11. List ten transactions which are not regarded as transfer for the purpose of capital gains. Discuss
the provisions relating to the same.
12. Explain the computation of capital gain in case of depreciable asset under section 50.
13. What are the transactions not regarded as transfer as per section 47 of the Income-tax Act,
1961?
Answers
1. b; 2. c; 3. b; 4. c; 5. c; 6. a; 7. b

4 Unit 5 : Income From Other
Sources
Key Points
Where any income, profits or gains includible in the total income of an assessee,
cannot be included under any of the other heads, it would be chargeable under the
head ‘Income from other sources’. Hence, this head is the residuary head of income
[Section 56(1)]
Specific Incomes Chargeable under this head [Section 56(2)]

(1) Dividend Income
(2) Casual income (winnings from lotteries, cross word puzzles, races including
horse races, card games and other games, gambling, betting etc.). Such winnings
are chargeable to tax at a flat rate of 30% under section 115BB and no
expenditure or deduction under Chapter VIA can be allowed from such
income. No loss can be set-off against such income and even the unexhausted
basic exemption limit cannot be exhausted against such income.
(3) Sum of money or property received by an Individual or a Hindu
undivided family [Section 56(2)(vii)]
Nature of Particulars Taxable value
asset
1 Money Without The whole amount, if the same exceeds
consideration ` 50,000.
2 Movable Without The aggregate fair market value of the
property consideration property, if it exceeds ` 50,000.
3 Movable Inadequate The difference between the aggregate fair
property consideration market value and the consideration, if such
difference exceeds ` 50,000.
4 Immovable Without The stamp value of the property, if it exceeds
property consideration ` 50,000.
5 Immovable Inadequate The difference between the stamp duty value
property consideration and the consideration, if such difference
exceeds ` 50,000.

Income from Other Sources 4.221
Receipts exempted from the applicability of section 56(2)(vii)

Any sum of money or value of property received -
(a) from any relative; or
(b) on the occasion of the marriage of the individual; or
(c) under a will or by way of inheritance; or
(d) in contemplation of death of the payer or donor, as the case may be; or
(e) from any local authority as defined in the Explanation to section 10(20); or
(f) from any fund or university or other educational institution or hospital or other
medical institution or any trust or institution referred to in section 10(23C); or
(g) from any trust or institution registered under section 12AA
Also, any shares received by an individual or HUF as a consequence of demerger or
amalgamation of a company or a business re-organisation of a co-operative bank
shall not be subject to tax by virtue of the provisions of section 56(2)(vii).
Meaning of “relative” for the purpose of section 56(2)(vii)
(a) in case of an individual –
(i) spouse of the individual;
(ii) brother or sister of the individual;
(iii) brother or sister of the spouse of the individual;
(iv) brother or sister of either of the parents of the individual;
(v) any lineal ascendant or descendant of the individual;
(vi) any lineal ascendant or descendant of the spouse of the individual;
(vii) spouse of any of the persons referred to above.
(b) In case of Hindu Undivided Family, any member thereof.
(4) Other receipts chargeable under this head
Section Provision
56(2)(viia) (i) Transfer of shares of a company without consideration or for
inadequate consideration would attract the provisions of
section 56(2), if the recipient is a firm or a company.
(ii) If such shares are received without consideration, the aggregate
FMV on the date of transfer would be taxed as the income of
the recipient firm or company, if it exceeds ` 50,000.
(iii) If such shares are received for inadequate consideration, the
difference between the aggregate FMV and the consideration
would be taxed as the income of the recipient firm or company,
if such difference exceeds ` 50,000.

4.222 Income-tax
(iv) However, the provisions of section 56(2)(viia) would not apply

in the case of transfer of shares -
(1) of a company in which the public are substantially interested;
or
(2) to a company in which the public are substantially
interested.
56(2)(viib) Consideration received in excess of FMV of shares issued by a closely
held company to any person, being a resident, to be treated as income
of such company, where shares are issued at a premium
56(2)(viii) Interest received on compensation/enhanced compensation deemed
to be income in the year of receipt and taxable under the head
“Income from Other Sources”.
56(2)(ix) Any sum of money received as an advance or otherwise in the course
of negotiations for transfer of a capital asset, if such sum is forfeited
and the negotiations do not result in transfer of such asset.
Deductions allowable [Section 57]
S.No. Particulars Deduction
1. In case of dividends (other than Any reasonable sum paid by way of
dividends u/s 115-O) or interest on commission or remuneration to a
securities banker or any other person.
2. Family Pension Sum equal to
- 33 1/3% of such income or
- ` 15,000,
whichever is less
3. Interest on 50% of such interest income
compensation/enhanced
compensation received
Deductions not allowable [Section 58]
S. Deductions not allowable
No.
1. Any personal expense of the assessee
2. Any interest chargeable to tax under the Act which is payable outside India
on which tax has not been paid or deducted at source.
3. Any payment taxable in India as salaries, if it is payable outside India unless
tax has been paid thereon or deducted at source.
4. Any payment to a relative or associate concern otherwise than by account payee
cheque or draft, if the aggregate of such payments exceed ` 20,000 during a day
5. Income-tax and wealth-tax paid.
6. Any expenditure or allowance in connection with income by way of earnings
from lotteries, cross word puzzles, races including horse races, card games and
other games of any sort or from gambling or betting of any form or nature

Question 1
State whether the following are chargeable to tax and the amount liable to tax :
(i) A sum of ` 1,20,000 was received as gift from non-relatives by Raj on the occasion of
the marriage of his son Pravin.
(ii) Interest on enhanced compensation of ` 50,000 was received as per court decree in
December 2016 by Mr. Yogesh. Out of the said amount, a sum of ` 35,000, relates to
preceding financial years.
(iii) Interest on enhanced compensation of ` 96,000 received on 12-3-2017 for acquisition of
urban land, of which 40% relates to the earlier year.
Answer
S.No. Taxable/Not Amount Reason
Taxable liable to
tax (`)
(i) Taxable 1,20,000 The exemption from applicability of section 56(2)(vii)
would be available if, inter alia, gift is received from a
relative or gift is received on the occasion of marriage
of the individual himself. In this case, since gift is
received by Mr. Raj from a non-relative on the
occasion of marriage of his son, it would be taxable in
his hands under section 56(2)(vii).
(ii) Taxable 25,000 As per section 56(2)(viii), interest on enhanced
compensation is taxable in the year in which it is
received. Deduction of 50% in respect of the said
income is allowed under section 57(iv). Therefore,
` 25,000 (i.e., ` 50,000 – ` 25,000) is taxable in
the hands of Mr. Yogesh in the F.Y.2016-17.
(iii) Taxable 48,000 As per section 145A, interest received by the
assessee on enhanced compensation shall be
deemed to be the income of the year in which it is
received, irrespective of the method of accounting
followed by the assessee.
Interest of ` 96,000 on enhanced compensation is

chargeable to tax in the year of receipt i.e. P.Y.
2016-17 under section 56(2)(viii) after providing
deduction of 50% under section 57(iv). Therefore, `
48,000 is chargeable to tax under the head “Income
from other sources”.

4.224 Income-tax
Question 2
On 10.10.2016, Mr. Govind (a bank employee) received ` 5,00,000 towards interest on
enhanced compensation from State Government in respect of compulsory acquisition of his
land effected during the financial year 2011-12.
Out of this interest, ` 1,50,000 relates to the financial year 2013-14; ` 1,65,000 to the financial
year 2014-15; and ` 1,85,000 to the financial year 2015-16. He incurred ` 50,000 by way of legal
expenses to receive the interest on such enhanced compensation.
How much of interest on enhanced compensation would be chargeable to tax for the assessment
year 2017-18?
Answer
Section 145A provides that interest received by the assessee on enhanced compensation
shall be deemed to be the income of the assessee of the year in which it is received,
irrespective of the method of accounting followed by the assessee and irrespective of the
financial year to which it relates.
Section 56(2)(viii) states that such income shall be taxable as ‘Income from other sources’.
50% of such income shall be allowed as deduction by virtue of section 57(iv) and no other
deduction shall be permissible from such Income.
Therefore, legal expenses incurred to receive the interest on enhanced compensation would
not be allowed as deduction from such income.
Computation of interest on enhanced compensation taxable as “Income from other
sources” for the A.Y 2017-18:
Particulars `
Interest on enhanced compensation taxable under section 56(2)(viii) 5,00,000
Less: Deduction under section 57(iv) (50% x ` 5,00,000) 2,50,000
Taxable interest on enhanced compensation 2,50,000
Question 3
The following details have been furnished by Mrs. Hemali pertaining to the year ended
31.3.2017 :
(i) Cash gift of ` 51,000 received from her friend on the occasion of her “Shastiaptha
Poorthi”, a wedding function celebrated on her husband completing 60 years of age. This
was also her 25th wedding anniversary.
(ii) On the above occasion, a diamond necklace worth ` 2 lacs was presented by her sister
living in Dubai.
(iii) When she celebrated her daughter's wedding on 21.2.2017, her friend assigned in Mrs.
Hemali's favour, a fixed deposit held by the said friend in a scheduled bank; the value of

the fixed deposit and the accrued interest on the said date was ` 51,000.
Compute the income, if any, assessable as income from other sources.
Answer
(i) Any sum of money received by an individual on the occasion of the marriage of the
individual is exempt. This provision is, however, not applicable to a cash gift received
during a wedding function celebrated on completion of 60 years of age.
The gift of ` 51,000 received from a non-relative is, therefore, chargeable to tax under
section 56(2)(vii) in the hands of Mrs. Hemali.
(ii) The provisions of section 56(2)(vii) are not attracted in respect of any sum of money or
property received from a relative. Thus, the gift of diamond necklace received from her
sister is not taxable under section 56(2)(vii), even though jewellery falls within the
definition of “property”.
(iii) To be exempt from applicability of section 56(2)(vii), the property should be received on
the occasion of the marriage of the individual, not that of the individual’s son or daughter.
Therefore, this exemption provision is not attracted in this case.
Any sum of money received without consideration by an individual is chargeable to tax
under section 56(2)(vii), if the aggregate value exceeds ` 50,000 in a year. “Sum of
money” has, however, not been defined under section 56(2)(vii).
Therefore, there are two possible views in respect of the value of fixed deposit assigned
in favour of Mrs. Hemali –
(1) The first view is that fixed deposit does not fall within the meaning of “sum of
money” and therefore, the provisions of section 56(2)(vii) are not attracted. It may
be noted that fixed deposit is also not included in the definition of “property”.
(2) However, another possible view is that fixed deposit assigned in favour of Mrs.
Hemali falls within the meaning of “sum of money” received.
Income assessable as “Income from other sources”
If the first view is taken, the total amount chargeable to tax as “Income from other sources”
would be ` 51,000, being cash gift received from a friend on her Shastiaptha Poorthi.
As per the second view, the provisions of section 56(2)(vii) would also be attracted in respect
of the fixed deposit assigned and the “Income from other sources” of Mrs. Hemali would be
` 1,02,000 (` 51,000 + ` 51,000).
Question 4
Decide the following transactions in the context of Income-tax Act, 1961:
(i) Mr. B transferred 500 shares of Reliance Industries Ltd. to M/s. B Co. (P) Ltd. on
10.10.2016 for ` 3,00,000 when the market price was ` 5,00,000. The indexed cost of
acquisition of shares for Mr. B was computed at ` 4,45,000. The transfer was not

4.226 Income-tax
subjected to securities transaction tax.

Determine the income chargeable to tax in the hands of Mr. B and M/s. B Co. (P) Ltd.
because of the above said transaction.
(ii) Mr. Chezian is employed in a company with taxable salary income of ` 5,00,000. He
received a cash gift of ` 1,00,000 from Atma Charitable Trust (registered under section
12AA) in December 2016 for meeting his medical expenses.
Is the cash gift so received from the trust chargeable to tax in the hands of Mr. Chezian?
Answer
(i) Transfer of shares without consideration or for inadequate consideration would attract the
provisions of section 56(2)(viia), if the recipient is a firm or a company. The purpose of
this provision is to prevent the practice of transferring unlisted shares at prices much
below the fair market value.
The provisions of section 56(2)(viia) would, however, not be attracted in the case of, inter
alia, transfer of shares of a company in which public are substantially interested. In this
case, the shares of Reliance Industries Ltd. are transferred. Since Reliance Industries
Ltd. is a company in which public are substantially interested, the provisions of section
56(2)(viia) would not be attracted in the hands of M/s. B Co. (P) Ltd.
The indexed cost of acquisition (` 4,45,000) less the actual sale consideration
(` 3,00,000) would result in a long term capital loss of ` 1,45,000 in the hands of Mr. B,
which is eligible for set off against any other long term capital gain.
(ii) The provisions of section 56(2)(vii) would not apply to any sum of money or any property
received from any trust or institution registered under section 12AA. Therefore, the cash
gift of ` 1 lakh received from Atma Charitable Trust, being a trust registered under
section 12AA, for meeting medical expenses would not be chargeable to tax under
section 56(2)(vii) in the hands of Mr. Chezian.
Question 5
Check the taxability of the following gifts received by Mrs. Rashmi during the previous year
2016-17 and compute the taxable income from gifts for Assessment Year 2017-18:
(i) On the occasion of her marriage on 14.8.2016, she has received ` 90,000 as gift out of
which ` 70,000 are from relatives and balance from friends.
(ii) On 12.9.2016, she has received gift of ` 18,000 from cousin of her mother.
(iii) A cell phone worth ` 21,000 is gifted by her friend on 15.8.2016.
(iv) She gets a cash gift of ` 25,000 from the elder brother of her husband's grandfather on
25.10.2016.
(v) She has received a cash gift of ` 12,000 from her friend on 14.4.2016.

Answer
Computation of taxable income of Mrs. Rashmi from gifts for A.Y.2017-18
Sl. Particulars Taxable Reason for taxability or otherwise of
No. amount (` ) each gift
1. Relatives and friends Nil Gifts received on the occasion of marriage
are not taxable.
2. Cousin of Mrs. Rashmi’s 18,000 Cousin of Mrs. Rashmi’s mother is not a
mother relative. Hence, the cash gift is taxable.
3. Friend Nil Cell phone is not included in the definition
of property as per Explanation to section
56(2)(vii). Hence, it is not taxable.
4. Elder brother of husband’s 25,000 Brother of husband’s grandfather is not a
grandfather relative. Hence, the cash gift is taxable.
5. Friend 12,000 Cash gift from friend is taxable.
Aggregate value of gifts 55,000
Since the sum of money received by Mrs. Rashmi without consideration during the previous
year 2016-17 exceeds ` 50,000, the whole of the amount is chargeable to tax under section
56(2)(vii) of the Income-tax Act, 1961.
Question 6
Smt. Laxmi reports the following transactions to you:
(i) Received cash gifts on the occasion of her marriage on 18-7-2016 of ` 1,20,000. It
includes gift of ` 20,000 received from non-relatives.
(ii) On 1-8-2016, being her birthday, she received a gift by means of cheque from her
mother's maternal uncle, the amount being ` 40,000.
(iii) On 1-12-2016 she acquired a vacant site from her friend for ` 1,05,000. The State stamp
valuation authority fixed the value of site at ` 1,80,000 for stamp duty purpose.
(iv) She bought 100 equity shares of a listed company from another friend for ` 60,000. The
value of share in the stock exchange on the date of purchase was ` 1,15,000.
Determine the amounts chargeable to tax in the hands of Smt. Laxmi for the A.Y. 2017-18.
Your answer should be supported by reasons.
Answer
Computation of amount chargeable to tax in hands of Smt. Laxmi for A.Y. 2017-18
Particulars `
(i) Cash gift of ` 1,20,000 received on the occasion of her marriage is not Nil

4.228 Income-tax
taxable since gifts received by an individual on the occasion of marriage is

excluded under section 56(2)(vii), even if the same are from non-relatives.
(ii) Even though mother’s maternal uncle does not fall within the definition of Nil
“relative” under section 56(2)(vii), gift of ` 40,000 received from him by
cheque is not chargeable to tax since the aggregate sum of money
received by Smt. Laxmi without consideration from non-relatives(other than
on the occasion of marriage) during the previous year 2016-17 does not
exceed ` 50,000.
(iii) Purchase of land for inadequate consideration on 1.12.2016 would attract 75,000
the provisions of section 56(2)(vii). Where any immovable property is
received for a consideration which is less than the stamp duty value of the
property by an amount exceeding ` 50,000, the difference between the
stamp duty value and consideration is chargeable to tax in the hands of
Individual. Therefore, in the given case ` 75,000 is taxable in the hands of
Smt. Laxmi.
(iv) Since shares are included in the definition of “property” and difference
between the purchase value and fair market value of shares is
` 55,000 (` 1,15,000 - ` 60,000) i.e. it exceeds ` 50,000, the difference
would be taxable under section 56(2)(vii). 55,000
Amount chargeable to tax 1,30,000
Question 7
Discuss the taxability or otherwise in the hands of the recipients, as per the provisions of the
Income-tax Act, 1961:
(i) ABC Private Limited, a closely held company, issued 10,000 shares at ` 130 per
share. (The face value of the share is ` 100 per share and the fair market value of
the share is ` 120 per share).
(ii) Mr. A received an advance of ` 50,000 on 1-09-2016 against the sale of his house.
However, due to non-payment of instalment in time, the contract has cancelled and
the amount of ` 50,000 was forfeited.
(iii) Mr. N, a member of his father's HUF, transferred a house property to the HUF
without consideration. The value of the house is ` 10 lacs as per the Registrar of
stamp duty.
(iv) Mr. Kumar gifted a car to his sister's son (Sunil) for achieving good marks in CA
Final exam. The fair market value of the car is ` 5,00,000.

Answer
S. Taxable/Not Reason
No. Taxable
(i) Taxable Since ABC Private Limited, a closely held company, issued 10,000
shares at a premium (i.e., issue price exceeds the face value of
shares), the excess of the issue price of the shares over the fair
market value would be taxable under section 56(2)(viib) in its hands
under the head “Income from other sources”.
Therefore, ` 1,00,000 [10,000 × ` 10 (` 130 – ` 120)] shall be
taxable as income in the hands of ABC Private Limited under the
head “Income from other sources”.
(ii) Taxable Any sum of money received as an advance or otherwise in the
course of negotiations for transfer of a capital asset would be
chargeable to tax under the head “Income from other sources”, if
such amount is forfeited and the negotiations do not result in transfer
of such capital asset [Section 56(2)(ix)].
Therefore, the amount of ` 50,000 received as advance would be
chargeable to tax in the hands of Mr. A under the head “Income from
other sources”, since it is forfeited on account of cancellation of
contract for transfer of house, being a capital asset, due to non-
payment of installment in time.
(iii) Not Taxable As per section 56(2)(vii), immovable property received without
consideration by a HUF from its relative is not taxable.
In the present case, since Mr. N is a member of his father’s HUF, he
is a relative of the HUF. Hence, ` 10 lakhs, being the stamp duty
value of house property received by HUF, without consideration,
would not be chargeable to tax in the hands of the HUF. 1
(iv) Not Taxable Car is not included in the definition of “property”, for the purpose of
taxability under section 56(2)(vii), in the hands of the recipient under
the head “Income from other sources”. Further, the same has been
received by Sunil from his mother’s brother, who falls within the
definition of “relative”.
Hence, ` 5,00,000, being the fair market value of car received
without consideration from a relative is not taxable in the hands of
Sunil, even though its value exceeds ` 50,000.
1
However, income from such asset would be included in the hands of Mr. N under section 64(2)

4.230 Income-tax
Question 8
State with proper reasons whether the following statements are True/False with regard to
provisions of Income-tax Act, 1961:
(i) “A” receives ` 2 lakh from his friends on the occasion of his marriage on 22.04.2016 and
` 1 lakh from the brother of his father-in-law on 31.12.2016. A’s income includible under
“other sources” for the previous year 2016-17 would be ` 3 lakh.
(ii) Dividend received (on which no Dividend Distribution Tax has been paid) by a dealer in
shares or one engaged in buying/selling of shares, is chargeable under the head "Income
from other sources".
Answer
(i) False : As per section 56(2)(vii), where any sum of money is received without
consideration by an individual or a Hindu undivided family from any person or persons
and the aggregate value of all such sums received during the previous year exceeds `
50,000, the whole of the aggregate value of such sum shall be included in the total
income of such individual or Hindu Undivided Family under the head “Income from other
sources”.
However, in order to avoid hardship in genuine cases, certain sums of money received
have been exempted, which includes, inter-alia, any sum received on the occasion of the
marriage of the individual and any sum received from any relative. As such, ` 2 lakh
received from friends on the occasion of marriage is exempt.
However, brother of father-in-law is not included in the definition of relative. Hence, ` 1
lakh is taxable under the head “Income from other sources”.
The statement that ` 3 lakh is includible in A’s income is, therefore, false.
(ii) True: By virtue of section 56(2)(i), dividend received [other than dividend in respect of
which dividend distribution tax is paid by the company and hence, is exempt in the hands
of recipients u/s 10(34)] is always taxable under the head “Income from other sources”.
Even if such dividend is received by a dealer in shares or one engaged in buying/selling
of shares, the same would be taxable under the head “Income from other sources”.
Note: In this content, it may be noted that section 115BBA brings to tax any income by
way of aggregate dividend in excess of Rs. 10 lakhs in the hands of an individual, HUF or
a firm, resident in India @ 10%.
Question 9
From the following particulars of Pankaj for the previous year ended 31 st March, 2017,
compute the income chargeable under the head “Income from other sources”:
(i) Directors fee from a company 10,000

(ii) Interest on bank deposits 3,000

(iii) Income from undisclosed source 12,000
(iv) Winnings from lotteries (Net) 35,000
(v) Royalty on a book written by him 9,000
(vi) Lectures in seminars 5,000
(vii) Interest on loan given to a relative 7,000
(viii) Interest on debentures of a company (listed in a recognised stock 3,600
exchange) net of taxes
(ix) Interest on Post Office Savings Bank Account 500
(x) Interest on Government Securities 2,200
(xi) Interest on Monthly Income Scheme of Post Office 33,000
He paid ` 1,000 for typing the manuscript of book written by him.
Answer
Computation of income of Pankaj chargeable under the head “Income from other
sources” for the A.Y. 2017-18
Particulars ` `
1. Directors’ fees 10,000
2. Interest on bank deposit 3,000
3. Income from undisclosed source (taxable @ 30% u/s 115BBE) 12,000
4. Royalty on books written (See Note below) 9,000
Less: expenses 1,000 8,000
5. Lectures in seminars 5,000
6. Interest on loan given to a relative 7,000
7. Interest on listed debentures
Net Received 3,600
Add: T.D.S. @ 10%
3600 × 10 400 4,000
100 − 10
8. Interest on Post Office Savings Bank [exempt under section -
10(15)]
9. Interest on Government securities 2,200
10. Interest on Post Office Monthly Income Scheme 33,000
11. Winnings from lotteries (taxable @ 30% u/s 115BB)

4.232 Income-tax
Net 35,000
 35,000 × 30 
Add: T.D.S. @ 30%  
 100 − 30  15,000 50,000
Income from Other Sources 1,34,200
Note : Royalty income would be chargeable to tax under the head “Income from Other
Sources”, only if it is not chargeable to tax under the head “Profits and gains of business or
profession”. This problem has been solved assuming that the same is not taxable under the
head “Profits and gains of business or profession” and hence, is chargeable to tax under the
head “Income from other sources”.
Question 10
Rahul holding 28% of equity shares in a company, took a loan of ` 5,00,000 from the same
company. On the date of granting the loan, the company had accumulated profit of
` 4,00,000. The company is engaged in some manufacturing activity.
(i) Is the amount of loan taxable as deemed dividend in the hands of Rahul, if the company
is a company in which the public are substantially interested?
(ii) What would be your answer, if the lending company is a private limited company (i.e. a
company in which the public are not substantially interested)?
Answer
Any payment by a company, other than a company in which the public are substantially
interested, of any sum by way of advance or loan to an equity shareholder, being a person
who is the beneficial owner of shares holding not less than 10% of the voting power, is
deemed as dividend under section 2(22)(e), to the extent the company possesses
accumulated profits.
(i) The provisions of section 2(22)(e), however, will not apply where the loan is given by a
company in which public are substantially interested. In such a case, the loan would not
be taxable as deemed dividend in the hands of Rahul.
(ii) However, if the loan is taken from a private company (i.e. a company in which the public
are not substantially interested), which is a manufacturing company and not a company
where lending of money is a substantial part of the business of the company, then, the
provisions of section 2(22)(e) would be attracted, since Rahul holds more than 10% of
the equity shares in the company.
The amount chargeable as deemed dividend cannot, however, exceed the accumulated profits
held by the company on the date of giving the loan. Therefore, the amount taxable as deemed
dividend in the hands of Rahul would be limited to the accumulated profit i.e., ` 4,00,000 and
not the amount of loan which is ` 5,00,000.
Question 11
When would the dividend income be taxed in the hands of a shareholder?

Answer
The provisions relating to the year of taxability of dividend are contained in section 8 of the
(a) Any dividend declared by a company or distributed or paid by it within the meaning of
section 2(22) shall be deemed to be the income of the previous year in which it is so
declared, distributed or paid, as the case may be.
(b) Any interim dividend shall be deemed to be the income of the previous year in which the
amount of such dividend is unconditionally made available by the company to the
member who is entitled to it.
Students may note that any dividend which is liable for dividend distribution tax covered by
section 115-O (being a dividend declared by a domestic company) is exempt under section
10(34) and hence would not be chargeable to tax. However, dividend referred to in Section
2(22)(e) is not subject to dividend distribution tax in the hands of the domestic company under
section 115-O, but would be chargeable to tax in the hands of the shareholder.
Question 12
How is “dividend stripping” enforced by section 94(7) of the Income-tax Act, 1961?
Answer
According to section 94(7),where :
(a) any person buys or acquires any securities or units within a period of three months prior
to the record date ; and
(b) such person sells or transfers such securities within a period of three months after such
record date or transfers such units within a period of nine months after such record date ;
and
(c) the dividend or income on such securities or units received or receivable by such person
is exempt from tax,
then, the loss, if any, arising to him on account of such purchase and sale of securities or
units, to the extent such loss does not exceed the amount of dividend or income received or
receivable on such securities or units, has to be ignored for the purposes of computing his
income chargeable to tax.
Exercise
1. Income from letting of machinery, plant and furniture is -
(a). always chargeable to tax under the head “Profits and gains of business and profession”
(b). always chargeable to tax under the head “Income from other sources”
(c). chargeable under the head “Income from other sources” only if not chargeable under the
head “Profits and gains of business and profession”.

4.234 Income-tax
2. In respect of winnings from lottery, crossword puzzle or race including horse race or card game etc.
(a). no deduction under Chapter VI-A is allowed and basic exemption limit cannot be
exhausted.
(b). no deduction under Chapter VI-A but unexhausted basic exemption can be exhausted.
(c). Both deduction under Chapter VI-A and basic exemption are allowed.
3. The deduction allowable in respect of family pension taxable under “Income from other sources” is
(a). 33-1/3% of the pension
(b). 30% of the pension or ` 15,000, whichever is less
(c). 33-1/3% of the pension or ` 15,000, whichever is less
4. Deemed dividend under section 2(22)(e) is chargeable to tax -
(a). On the basis of method of accounting regularly employed by the assessee
(b). On the basis of mercantile system of accounting only
(c) On payment basis as prescribed under section 8 of the Income-tax Act, 1961.
5. Ganesh received ` 60,000 from his friend on the occasion of his birthday.
(a) The entire amount of ` 60,000 is taxable.
(b) ` 25,000 is taxable.
(c) The entire amount is exempt.
(a) Bond washing transactions
(b) Dividend stripping
7. State the incomes which are chargeable only under the head “Income from other sources”.
8. Which are incomes chargeable under the head “Income from other sources” only if they are not
chargeable under the head “Profits and gains of business or profession”?
9. What are the deductions allowable from the following income -
(a) Dividend
(b) Income from letting on hire machinery, plant or furniture.
10. What are the inadmissible deductions while computing income under the head “Income from other
sources”.
11. Karan’s bank account shows the following deposits during the financial year 2016-17. Compute
his total income for the A.Y. 2017-18, assuming that his income from house property (computed)
is ` 62,000.
(i) Gift from his sister in Amsterdam ` 2,30,000

(ii) Gift from his friend on his birthday ` 10,000

(iii) Dividend from shares of various Indian companies ` 12,600
(iv) Gift from his mother’s friend on his engagement ` 25,000
(v) Gift from his fianceé ` 75,000
(vi) Interest on bank deposits (Fixed Deposit) ` 25,000
12. What are the deductions allowable under section 57 of the Income-tax Act, 1961 in respect of
“Income from other sources”?
Answers
1. c; 2. a; 3. c; 4. c; 5. a; 11. ` 1,97,000

Income of Other Persons
5 Included in Assessee’s Total
Income
Key Points
Section Income to be Provision
clubbed
60 Income When a person transfers the income accruing to an
transferred asset without the transfer of the asset itself, such
without transfer income is to be included in the total income of the
of asset transferor, whether the transfer is revocable or
irrevocable.
61 Income arising Such income is to be included in the hands of the
from revocable transferor.
transfer of assets A transfer is deemed to be revocable if it –
(i) contains any provision for re-transfer of the
whole or any part of the income or assets to
the transferor; or
(ii) gives right to re-assume power over the whole
or any part of the income or the asset.
64(1)(ii) Income arising to Such income arising to spouse is to be included in
spouse by way of the total income of the individual.
remuneration
However, if remuneration received is attributable to
from a concern in
the application of technical or professional
which the
knowledge and experience of spouse, then, such
individual has
income is not to be clubbed.
substantial
interest
64(1)(iv) Income arising to Income arising from an asset (other than house
spouse from property) transferred otherwise than for adequate
assets transferred consideration or in connection with an agreement
without adequate to live apart, from one spouse to another shall be
consideration included in the total income of the transferor.

Income of Other Persons included in the Assessee’s Total Income 5.2
However, this provision will not apply in the case of

transfer of house property, since the transferor-
spouse would be the deemed owner as per section 27.
64(1)(vi) Income arising to Income arising from an asset transferred otherwise
son’s wife from than for adequate consideration, by an individual to
an asset his or her son’s wife shall be included in the total
transferred income of the transferor.
without adequate
consideration
64(1)(vii)/ Income arising All income arising to any person or association of
64(1)(viii) from transfer of persons from assets transferred without adequate
assets for the consideration is includible in the income of the
benefit of spouse transferor, to the extent such income is used by the
or son’s wife transferee for the immediate or deferred benefit of
the transferor’s spouse or son’s wife.
64(1A) Income of minor All income arising or accruing to a minor child
child (including a minor married daughter) shall be
included in the total income of his or her parent.
The income of the minor child shall be included
with the income of that parent, whose total income,
before including minor’s income, is higher.
The parent, in whose total income, the income of
the minor child or children are included, shall be
entitled to exemption of such income subject to a
maximum of ` 1,500 per child.
The following income of a minor child shall,
however, not be clubbed in the hands of his or her
parent -
(a) Income from manual work done by him or
activity involving application of minor’s skill,
talent or specialized knowledge and
experience; and
(b) Income of a minor child suffering from any
disability specified in section 80U.
Note: As per Explanation 2 to section 64 ‘income’ includes ‘loss’. Therefore, clubbing provisions
would be attracted in all the above cases, even if there is a loss and not income.

5.3 Income-tax
Question 1
Mr. Sharma has four children consisting 2 daughters and 2 sons. The annual income of 2
daughters were ` 9,000 and ` 4,500 and of sons were ` 6,200 and ` 4,300, respectively. The
daughter who has income of ` 4,500 was suffering from a disability specified under section 80U.
Compute the amount of income earned by minor children to be clubbed in hands of Mr. Sharma.
Answer
As per section 64(1A), in computing the total income of an individual, all such income accruing
or arising to a minor child shall be included. However, income of a minor child suffering from
disability specified under section 80U would not be included in the income of the parent but
would be taxable in the hands of the minor child. Therefore, in this case, the income of
daughter suffering from disability specified under section 80U should not be clubbed with the
income of Mr. Sharma.
Under section 10(32), income of each minor child includible in the hands of the parent under
section 64(1A) would be exempt to the extent of the actual income or ` 1,500, whichever is
lower. The remaining income would be included in the hands of the parent.
Computation of income earned by minor children to be clubbed with the income of Mr.
Sharma:
Particulars `
(i) Income of one daughter 9,000
Less: Income exempt under section 10(32) 1,500
Total (A) 7,500
(ii) Income of two sons (` 6,200 + ` 4,300) 10,500
Less: Income exempt under section 10(32)
(` 1,500 + ` 1,500) 3,000
Total (B) 7,500
Total Income to be clubbed as per section 64(1A) (A+B) 15,000
Note: It has been assumed that:
(1) All the four children are minor children;
(2) The income does not accrue or arise to the minor children on account of any manual
work done by them or activity involving application of their skill, talent or specialized
knowledge and experience;
(3) The income of Mr. Sharma, before including the minor children’s income, is greater than
the income of Mrs. Sharma, due to which the income of the minor children would be
included in his hands; and
(4) This is the first year in which clubbing provisions are attracted.

Question 2
During the previous year 2016-17, the following transactions occurred in respect of Mr. A.
(a) Mr. A had a fixed deposit of ` 5,00,000 in Bank of India. He instructed the bank to credit
the interest on the deposit @ 9% from 1-4-2016 to 31-3-2017 to the savings bank
account of Mr. B, son of his brother, to help him in his education.
(b) Mr. A holds 75% share in a partnership firm. Mrs. A received a commission of ` 25,000
from the firm for promoting the sales of the firm. Mrs. A possesses no technical or
professional qualification.
(c) Mr. A gifted a flat to Mrs. A on April 1, 2016. During the previous year 2016-17, Mrs. A’s
“Income from house property” (computed) was ` 52,000.
(d) Mr. A gifted ` 2,00,000 to his minor son who invested the same in a business and he
derived income of ` 20,000 from the investment.
(e) Mr. A’s minor son derived an income of ` 20,000 through a business activity involving
application of his skill and talent.
During the year, Mr. A got a monthly pension of ` 10,000. He had no other income. Mrs. A
received salary of ` 20,000 per month from a part time job.
Discuss the tax implications of each transaction and compute the total income of Mr. A, Mrs. A
and their minor child.
Answer
Computation of total income of Mr. A, Mrs. A and their minor son for the A.Y. 2017-18
Particulars Mr. A Mrs. A Minor Son
(`) (`) (`)
Salary income (of Mrs. A) - 2,40,000 -

Pension income (of Mr. A) (` 10,000×12) 1,20,000
Income from House Property [See Note (3) 52,000 - -
below)
Interest on Mr. A’s fixed deposit with Bank of - -
India (` 5,00,000×9%) [See Note (1) below] 45,000
Commission received by Mrs. A from a - -
partnership firm, in which Mr. A has 25,000 70,000
substantial interest [See Note (2) below]
Income before including income of minor 2,42,000 2,40,000 -
son under section 64(1A)
Income of the minor son from the investment 18,500 - -
made in the business out of the amount

5.5 Income-tax
gifted by Mr. A [See Note (4) below]

Income of the minor son through a business - - 20,000
activity involving application of his skill and
talent [See Note (5) below]
Total Income 2,60,500 2,40,000 20,000
Notes:
(1) As per section 60, in case there is a transfer of income without transfer of asset from
which such income is derived, such income shall be treated as income of the transferor.
Therefore, the fixed deposit interest of ` 45,000 transferred by Mr. A to Mr. B shall be
included in the total income of Mr. A.
(2) As per section 64(1)(ii), in case the spouse of the individual receives any amount by way
of income from any concern in which the individual has substantial interest (i.e. holding
shares carrying at least 20% voting power or entitled to at least 20% of the profits of the
concern), then, such income shall be included in the total income of the individual. The
only exception is in a case where the spouse possesses any technical or professional
qualifications and the income earned is solely attributable to the application of her
technical or professional knowledge and experience, in which case, the clubbing
provisions would not apply.
In this case, the commission income of ` 25,000 received by Mrs. A from the partnership
firm has to be included in the total income of Mr. A, as Mrs. A does not possess any
technical or professional qualification for earning such commission and Mr. A has
substantial interest in the partnership firm as he holds 75% share in the firm.
(3) According to section 27(i), an individual who transfers any house property to his or her
spouse otherwise than for adequate consideration or in connection with an agreement to live
apart, shall be deemed to be the owner of the house property so transferred. Hence, Mr. A
shall be deemed to be the owner of the flat gifted to Mrs. A and hence, the income arising
from the same shall be computed in the hands of Mr. A.
Note: The provisions of section 56(2)(vii) would not be attracted in the hands of Mrs. A,
since she has received immovable property without consideration from a relative i.e., her
husband.
(4) As per section 64(1A), the income of the minor child is to be included in the total income
of the parent whose total income (excluding the income of minor child to be so clubbed)
is greater. Further, as per section 10(32), income of a minor child which is includible in
the income of the parent shall be exempt to the extent of ` 1,500 per child.
Therefore, the income of ` 20,000 received by minor son from the investment made out of
the sum gifted by Mr. A shall, after providing for exemption of ` 1,500 under section 10(32),
be included in the income of Mr. A, since Mr. A’s income of ` 2,42,000 (before including the
income of the minor child) is greater than Mrs. A’s income of ` 2,40,000. Therefore,
` 18,500 (i.e., ` 20,000 – ` 1,500) shall be included in Mr. A’s income. It is assumed that
this is the first year in which clubbing provisions are attracted.

Note – The provisions of section 56(2)(vii) would not be attracted in the hands of the
minor son, since he has received a sum of money exceeding ` 50,000 without
consideration from a relative i.e., his father.
(5) In case the income earned by the minor child is on account of any activity involving
application of any skill or talent, then, such income of the minor child shall not be
included in the income of the parent, but shall be taxable in the hands of the minor child.
Therefore, the income of ` 20,000 derived by Mr. A’s minor son through a business
activity involving application of his skill and talent shall not be clubbed in the hands of the
parent. Such income shall be taxable in the hands of the minor son.
Question 3
Mr. Vaibhav started a proprietary business on 01.04.2015 with a capital of ` 5,00,000. He
incurred a loss of ` 2,00,000 during the year 2015-16. To overcome the financial position, his
wife Mrs. Vaishaly, a software Engineer, gave a gift of ` 5,00,000 on 01.04.2016, which was
immediately invested in the business by Mr. Vaibhav. He earned a profit of ` 4,00,000 during
the year 2016-17. Compute the amount to be clubbed in the hands of Mrs. Vaishaly for the
Assessment Year 2017-18. If Mrs. Vaishaly gave the said amount as loan, what would be the
amount to be clubbed?
Answer
Section 64(1)(iv) of the Income-tax Act, 1961 provides for the clubbing of income in the hands
of the individual, if the income earned is from the assets (other than house property)
transferred directly or indirectly to the spouse of the individual, otherwise than for adequate
consideration or in connection with an agreement to live apart.
In this case, Mr. Vaibhav received a gift of ` 5,00,000 on 1.4.2016 from his wife Mrs. Vaishaly,
which he invested in his business immediately. The income to be clubbed in the hands of Mrs.
Vaishaly for the A.Y. 2017-18 is computed as under:
Particulars Mr. Vaibhav’s capital Capital contribution Total (`)
contribution (`) out of gift from Mrs.
Vaishaly (`)
Capital as on 1.4.2016 3,00,000 5,00,000 8,00,000
(5,00,000 – 2,00,000)
Profit for P.Y.2016-17 to be 1,50,000 2,50,000 4,00,000
apportioned on the basis of  3  5
capital employed on the first  4,00,000 × 8   4,00,000 × 8 
day of the previous year i.e.    
as on 1.4.2016 (3:5)
Therefore, the income to be clubbed in the hands of Mrs. Vaishaly for the A.Y.2017-18 is
` 2,50,000.

5.7 Income-tax
In case Mrs. Vaishaly gave the said amount of ` 5,00,000 as a bona fide loan, then, clubbing
provisions would not be attracted.
Question 4
State True or False, with reasons:
Mr. Y, who is a physically handicapped minor (suffering from a disability of the nature
specified in section 80U), earns bank interest of ` 50,000 and ` 60,000 from marking bags
manually by himself. The total income of Mr. Y shall be computed in his hands separately.
Answer
True. The clubbing provisions of section 64(1A) are not applicable in a case where the minor
child is suffering from any disability of the nature specified in section 80U. The income of such
minor child will not be clubbed in the hands of either of the parents. Consequently, the total
income of Mr. Y will be assessed in his hands.
Question 5
Mrs. Kasturi transferred her immovable property to ABC Co. Ltd. subject to a condition that out of
the rental income, a sum of ` 36,000 per annum shall be utilized for the benefit of her son’s wife.
Mrs. Kasturi claims that the amount of ` 36,000 (utilized by her son’s wife) should not be
included in her total income as she no longer owned the property.
State with reasons whether the contention of Mrs. Kasturi is valid in law.
Answer
The clubbing provisions under section 64(1)(viii) are attracted in case of transfer of any asset,
directly or indirectly, otherwise than for adequate consideration, to any person to the extent to
which the income from such asset is for the immediate or deferred benefit of son’s wife. Such
income shall be included in computing the total income of the transferor-individual.
Therefore, income of ` 36,000 meant for the benefit of daughter-in-law is chargeable to tax in
the hands of transferor i.e., Mrs. Kasturi in this case.
The contention of Mrs. Kasturi is, hence, not valid in law.
Note - In order to attract the clubbing provisions under section 64(1)(viii), the transfer should
be otherwise than for adequate consideration. In this case, it is presumed that the transfer is
otherwise than for adequate consideration and therefore, the clubbing provisions are attracted.
If it is presumed that the transfer was for adequate consideration, the provisions of section
64(1)(viii) would not be attracted.
Question 6
Discuss the tax implications of income arising from revocable transfer of assets. When will the
clubbing provisions not apply at present, even where there is revocable transfer of assets?

Answer
Income arising from revocable transfer of assets [Sections 61 & 63]
(i) All income arising to any person by virtue of a revocable transfer of assets is to be
included in the total income of the transferor.
(ii) A transfer is deemed to be revocable if:
(a) it contains any provision for the re-transfer, directly or indirectly, of the whole or any
part of the income or assets to the transferor, or
(b) it gives, in any way, the transferor, a right to re-assume power, directly or indirectly,
over the whole or any part of the income or the assets.
Transfer not revocable during the life time of the beneficiary or the transferee [Section 62]
If there is a transfer of asset which is not revocable during the life time of the beneficiary or
transferee, the income from the transferred asset is not includible in the total income of the
transferor provided the transferor derives no direct or indirect benefit from such income.
If the transferor receives direct or indirect benefit from such income, such income is to be
included in his total income even though the transfer may not be revocable during the life time
of the beneficiary or transferee.
Question 7
Explain the provisions of the Income-tax Act, 1961, with regard to clubbing of income of
spouse under section 64.
Answer
As per section 64(1)(ii), any income arising directly or indirectly to the spouse of an individual
by way of salary, commission, fees or any other form of remuneration, whether in cash or in
kind, from a concern in which such individual has a substantial interest, would be clubbed.
However, such rule does not apply where the spouse possesses technical or professional
qualification and the income of the spouse is solely attributable to the application of his or her
technical or professional knowledge and experience.
Where both husband and wife have substantial interest in a concern and both are in receipt of
salary etc. from the said concern, such income will be clubbed with the income of the spouse
whose total income, excluding such income, is greater.
An individual shall be deemed to have substantial interest in a concern under the following
circumstances:
(a) If the concern is a company, equity shares carrying not less than 20% of the voting power
are, at any time during the previous year, owned beneficially by such person or partly by
such person and partly by one or more of his relatives.

5.9 Income-tax
(b) In any other case, if such person is entitled, or such person and one or more of his
relatives are entitled in the aggregate, at any time during the previous year, to not less
than 20% of the profits of such concern.
As per section 64(1)(iv), where there is a transfer of an asset other than house property,
directly or indirectly from one spouse to another, otherwise than for adequate consideration or
in connection with an agreement to live apart, any income that arises either directly or
indirectly to the transferee from the transfer of the asset shall be included in the total income
of the transferor.
However, any income from the accretion of transferred asset is not liable to be clubbed. It may
be noted that natural love and affection will not constitute adequate consideration for the
purpose of section 64(1).
Question 8
Compute the gross total income of Mr. & Mrs. A from the following information:
Particulars `
(a) Salary income (computed) of Mrs.A 2,30,000
(b) Income from profession of Mr.A 3,90,000
(c) Income of minor son B from company deposit 15,000
(d) Income of minor daughter C from special talent 32,000
(e) Interest from bank received by C on deposit made out of her special
talent 3,000
(f) Gift received by C on 30.09.2016 from friend of Mrs. A 2,500
Brief working is sufficient. Detailed computation under various heads of income is NOT required.
Answer
As per the provisions of section 64(1A) of the Income-tax Act, 1961, all the income of a minor
child has to be clubbed in the hands of that parent whose total income (excluding the income
of the minor) is greater. The income of Mr. A is ` 3,90,000 and income of Mrs. A is ` 2,30,000.
Since the income of Mr. A is greater than that of Mrs. A, the income of the minor children have
to be clubbed in the hands of Mr. A. It is assumed that this is the first year when clubbing
provisions are attracted.
Income derived by a minor child from any activity involving application of his/her skill, talent,
specialised knowledge and experience is not to be clubbed. Hence, the income of minor child
C from exercise of special talent will not be clubbed.
However, interest from bank deposit has to be clubbed even when deposit is made out of
income arising from application of special talent.
The Gross Total Income of Mrs. A is ` 2,30,000. The total income of Mr. A giving effect to the
provisions of section 64(1A) is as follows:

Computation of gross total income of Mr. A for the A.Y. 2017-18

Particulars ` `
Income from profession 3,90,000
Income of minor son B from company deposit 15,000
Less: Exemption under section 10(32) 1,500 13,500
Income of minor daughter C
From special talent – not to be clubbed -
Interest from bank 3,000
Gift of ` 2,500 received from a non-relative is not taxable under
section 56(2)(vii) being less than the aggregate limit of ` 50,000 Nil
3,000
Less : Exemption under section 10(32) 1,500 1,500
Question 9
A proprietary business was started by Smt. Rani in the year 2014. As on 1.4.2015 her capital in
business was ` 3,00,000.
Her husband gifted ` 2,00,000 on 10.4.2015, which amount Smt. Rani invested in her business
on the same date. Smt. Rani earned profits from her proprietory business for the Financial year
2015-16, ` 1,50,000 and Financial year 2016-17 ` 3,90,000. Compute the income, to be clubbed
in the hands of Rani’s husband for the Assessment year 2017-18 with reasons.
Answer
Section 64(1) of the Income-tax Act, 1961 provides for the clubbing of income in the hands of the
individual, if the income earned is from the assets transferred directly or indirectly to the spouse of
the individual, otherwise than for adequate consideration. In this case Smt. Rani received a gift of
` 2,00,000 from her husband which she invested in her business. The income to be clubbed in the
hands of Smt. Rani’s husband for A.Y.2017-18 is computed as under:
Particulars Smt. Rani’s Capital
Capital Contribution Total
Contribution Out of gift
from husband
` ` `
Capital as at 1.4.2015 3,00,000 -- 3,00,000
Investment on 10.04.2015 out of gift
received from her husband 2,00,000 2,00,000
3,00,000 2,00,000 5,00,000

5.11 Income-tax
Profit for F.Y. 2015-16 to be apportioned

on the basis of capital employed on the
first day of the previous year i.e., on
1.4.2015 1,50,000 1,50,000
Capital employed as at 1.4.2016 4,50,000 2,00,000 6,50,000
Profit for F.Y.2016-17 to be apportioned
on the basis of capital employed as at
1.4.2016 (i.e., 45 : 20) 2,70,000 1,20,000 3,90,000
Therefore, the income to be clubbed in the hands of Smt. Rani’s husband for A.Y.2017-18 is
` 1,20,000.
Question 10
Write short notes on “Clubbing of income of minor children in the hands of parent”.
Answer
Income earned by a minor child would be clubbed in the hands of the parent. If both parents
are having income, then income of minor child would be clubbed in the hands of that parent
whose income is higher before clubbing the income of minor child.
Under the following situations the income of the minor child would not be clubbed in the hands
of parent :-
(a) Income earned by minor child through manual work done by him.
(b) Income from activity involving application of his skill, talent or specialised knowledge and
experience.
If the relationship of husband and wife does not subsist between the parents, the income of
the minor child would be clubbed in the hands of the parent who maintains the child during the
previous year. The parent is entitled to claim an exemption under section 10(32) upto ` 1,500
per minor child if the income of the minor child is included in his total income.
Where any such income is once included in the total income of either parent, any such income
arising in any succeeding previous year shall not be included in the total income of the other
parent, unless the Assessing Officer is satisfied after giving that parent an opportunity of being
heard, that it is necessary to do so.
Question 11
Mr. Vatsan has transferred, through a duly registered document, the income arising from a
godown to his son, without transferring the godown. In whose hands will the rental income
from godown be charged?
Answer
Section 60 expressly states that where there is transfer of income from an asset without transfer of
the asset itself, such income shall be included in the total income of the transferor. Hence, the
rental income derived from the godown shall be clubbed in the hands of Mr. Vatsan.

Question 12
Mr. Dhaval and his wife Mrs. Hetal furnish the following information:
(i) Salary income (computed) of Mrs. Hetal 4,60,000
(ii) Income of minor son ‘B’ who suffers from disability specified in 1,08,000
Section 80U
(iii) Income of minor daughter ‘C' from singing 86,000
(iv) Income from profession of Mr. Dhaval (computed) 7,50,000
(v) Cash gift received by 'C' on 2.10.2016 from friend of Mrs. Hetal on 48,000
winning of singing competition
(vi) Income of minor married daughter ‘A’ from company deposit 30,000
Compute the total income of Mr. Dhaval and Mrs. Hetal for the Assessment Year 2017-18.
Answer
Computation of Total Income of Mr. Dhaval and Mrs. Hetal for the A.Y. 2017-18
Particulars Mr. Dhaval Mrs. Hetal
(`) (`)
Salaries 4,60,000
Profits and gains of business or profession 7,50,000
Income by way of interest from company deposit 30,000
earned by minor daughter A [See Note (d)]
Less : Exemption under section 10(32) 1,500 28,500
Total Income 7,78,500 4,60,000
Notes:
(a) The income of a minor child suffering from any disability of the nature specified in section
80U shall not be included in the hands of the parents. Hence, ` 1,08,000, being the
income of minor son ‘B’ who suffers from disability specified under section 80U, shall not
be included in the hands of either of his parents.
(b) The income derived by the minor from manual work or from any activity involving
exercise of his skill, talent or specialised knowledge or experience will not be included in
the income of his parent. Hence, in the given case, ` 86,000 being the income of the
minor daughter ‘C’ shall not be clubbed in the hands of the parents.
(c) Under section 56(2)(vii), cash gifts received from any person/persons exceeding
` 50,000 during the year in aggregate is taxable. Since the cash gift in this case does not
exceed ` 50,000, the same is not taxable.

5.13 Income-tax
(d) The clubbing provisions are attracted even in respect of income of minor married
daughter. The income of the minor will be included in the income of that parent whose
total income is greater. Hence, income of minor married daughter ‘A’ from company
deposit shall be clubbed in the hands of the Mr. Dhaval and exemption under section
10(32) of ` 1,500 per child shall be allowed in respect of such income.
Question 13
Mr. Dhaval has an income from salary of ` 3,50,000 and his minor children’s income are as
under:
Particulars `
Minor daughter has earned the following income:
From a TV show 50,000
From interest on FD with a bank (deposited by Mr. Dhaval from his income) 5,000
Minor son has earned the following income:
From the sale of a own painting 10,000
From interest on FD with a bank (deposited by Mr. Dhaval from his income) 1,000
Compute the gross total income of Mr. Dhaval.
Answer
Computation of Gross Total Income of Mr. Dhaval
Particulars ` `
Income from Salary 3,50,000
Minor Daughter’s income
Income from T.V. show (See Note below) Nil
Interest income from FD with a Bank 5,000
Less : Exempt under section 10(32) 1,500 3,500
Minor son’s income
Income from sale of self made painting (See Note below) Nil
Interest income from FD with a Bank 1,000
Less : Exempt under section 10(32) 1,000 Nil
Note: The income derived by the minor from manual work or from any activity involving
exercise of his skill, talent or specialised knowledge or experience will not be included in the
income of his parent. Hence, in the given case ` 50,000 being the income of the minor

daughter from TV show and ` 10,000 being the income of minor son from sale of own
painting, shall not be clubbed in the hands of Mr. Dhaval.
Question 14
Mr. Mittal has four minor children consisting of three daughters and one son. The annual
income of all the children for the Assessment Year 2017-18 were as follows:
`
First daughter (Including Scholarship received ` 5,000) 10,000
Second Daughter 8,500
Third Daughter (Suffering from disability specified U/s 80U) 4,500
Son 40,000
Mr. Mittal gifted ` 2,00,000 to his minor son who invested the same in the business and
derived income of ` 20,000 which is included above.
Compute the amount of Income earned by minor children to be clubbed in the hands of
Mr. Mittal.
Answer
Computation of income earned by minor children to be clubbed with the income of
Mr. Mittal
Particulars `
(i) Income of first daughter [See Notes 1 & 2] 5,000
Less: Income exempt under section 10(32) [See Note 4] 1,500
Income to be clubbed 3,500
(ii) Income of second daughter [See Note 1] 8,500
(iii) Income of son [See Note 5] 40,000
Total Income to be clubbed as per section 64(1A) [(i)+(ii)+(iii)] 49,000
Notes:
(1) As per section 64(1A), in computing the total income of an individual, all such income
accruing or arising to his minor child shall be included.
(2) The income accruing or arising to a minor child on account of activity involving
application of their skill, talent or specialized knowledge and experience is not includible

5.15 Income-tax
in the total income of the parent. Therefore, scholarship received by the first daughter is
not includible in the hands of Mr. Mittal, assuming that the same is received on account
of skill, talent or specialized knowledge of the minor daughter. The balance income of
` 5,000 (` 10,000 – ` 5,000) is includible in the hands of Mr. Mittal after providing
deduction of ` 1,500 under section 10(32).
(3) Further, as per the provisions of section 64(1A), income of a minor child suffering from
any disability of the nature specified in section 80U would not be included in the total
income of the parent. Therefore, in this case, the income of third daughter suffering from
disability specified under section 80U is not includible in the total income of Mr. Mittal.
(4) Under section 10(32), income of each minor child includible in the hands of the parent
under section 64(1A) would be exempt to the extent of the actual income or `1,500,
whichever is lower.
(5) The specific provision under Explanation 3 to section 64 for inclusion of income from
business where the assets transferred directly or indirectly by an individual are invested
by the transferee in business are applicable in cases of transfer to spouse or son’s wife
only. In case of minor, all income accruing or arising to him or her is, in any case,
includible in the hands of the parent.
Question 15
Mr. Ramesh gifted a sum of ` 5 lacs to his brother’s minor son on 16-4-2016. On
18-4-2016, his brother gifted debentures worth ` 6 lacs to Mrs. Ramesh. Son of Mr. Ramesh’s
brother invested the amount in fixed deposit with Bank of India @ 9% p.a. interest and Mrs.
Ramesh received interest of ` 45,000 on debentures received by her.
Discuss the implications under the provisions of the Income-tax Act, 1961.
Answer
In the given case, Mr. Ramesh gifted a sum of ` 5 lacs to his brother’s minor son on
16.4.2016 and simultaneously, his brother gifted debentures worth ` 6 lacs to Mr. Ramesh’s
wife on 18.4.2016. Mr. Ramesh’s brother’s minor son invested the gifted amount of ` 5 lacs in
fixed deposit with Bank of India.
These transfers are in the nature of cross transfers. Accordingly, the income from the assets
transferred would be assessed in the hands of the deemed transferor because the transfers
are so intimately connected to form part of a single transaction and each transfer constitutes
consideration for the other by being mutual or otherwise.
If two transactions are inter-connected and are part of the same transaction in such a way that
it can be said that the circuitous method was adopted as a device to evade tax, the implication
of clubbing provisions would be attracted 1.
1
It was so held by the Apex Court in CIT vs. Keshavji Morarji (1967) 66 ITR 142.

As per section 64(1A), all income of a minor child is includible in the hands of the parent,
whose total income, before including minor’s income is higher. Accordingly, the interest
income arising to Mr. Ramesh’s brother’s son from fixed deposits would be included in the
total income of Mr. Ramesh’s brother, assuming that Mr. Ramesh’s brother’s total income is
higher than his wife’s total income, before including minor’s income. Mr. Ramesh’s brother can
claim exemption of ` 1,500 under section 10(32).
Interest on debentures arising in the hands of Mrs. Ramesh would be taxable in the hands of
Mr. Ramesh as per section 64(1)(iv).
This is because both Mr. Ramesh and his brother are the indirect transferors of the income to
their spouse and minor son, respectively, with an intention to reduce their burden of taxation.
In the hands of Mr. Ramesh, interest received by his spouse on debentures of ` 5 lacs alone
would be included and not the entire interest income on the debentures of ` 6 lacs, since the
cross transfer is only to the extent of ` 5 lacs.
Hence, only proportional interest (i.e., 5/6th of interest on debentures received)
` 37,500 would be includible in the hands of Mr. Ramesh.
The provisions of section 56(2)(vii) are not attracted in respect of sum of money transferred or
value of debentures transferred, since in both the cases, the transfer is from a relative.
Question 16
Mr. B is the Karta of a HUF, whose members derive income as given below:
Particulars `
(i) Income from B' s profession 45,000
(ii) Mrs. B' s salary as fashion designer 76,000
(iii) Minor son D (interest on fixed deposits with a bank which were gifted 10,000
to him by his uncle)
(iv) Minor daughter P's earnings from sports 95,000
(v) D's winnings from lottery (gross) 1,95,000
Discuss the tax implications in the hands of Mr. and Mrs. B.
Answer
Clubbing of income and other tax implications
As per the provisions of section 64(1A), in case the marriage of the parents subsist, the
income of a minor child shall be clubbed in the hands of the parent whose total income,
excluding the income of the minor child to be clubbed, is greater. In this problem, it has been
assumed that the marriage of Mr. B and Mrs. B subsists.
Further, in case the income arises to the minor child on account of any manual work done by
the child or as a result of any activity involving application of skill, talent, specialized

5.17 Income-tax
knowledge or experience of the child, then, the same shall not be clubbed in the hands of the
parent.
Tax implications
(i) Income of ` 45,000 from Mr. B’s profession shall be taxable in the hands of Mr. B under
the head “Profits and gains of business or profession”.
(ii) Salary of ` 76,000 received by Mrs. B as a fashion designer shall be taxable as
“Salaries” in the hands of Mrs. B.
(iii) Income from fixed deposit of ` 10,000 arising to the minor son D, shall be clubbed in the
hands of the mother, Mrs. B as “Income from other sources”, since her income is greater
than income of Mr. B before including the income of the minor child.
As per section 10(32), income of a minor child which is includible in the income of the
parent shall be exempt to the extent of ` 1,500 per child. The balance income would be
clubbed in the hands of the parent as “Income from other sources”.
(iv) Income of ` 95,000 arising to the minor daughter P from sports shall not be included in
the hands of the parent, since such income has arisen to the minor daughter on account
of an activity involving application of her skill.
(v) Income of ` 1,95,000 arising to minor son D from lottery shall be included in the hands of
Mrs. B as “Income from other sources”, since her income is greater than the income of
Mr. B before including the income of minor child.
Note – Mrs. B can reduce the tax deducted at source from such lottery income while
computing her net tax liability.
Exercise
1. Income of a minor child suffering from any disability of the nature specified in section 80U is -
(a) to be assessed in the hands of the minor child
(b) to be clubbed with the income of that parent whose total income, before including minor’s
income, is higher
(c) completely exempt from tax
2. Income arising to a minor married daughter is -
(a) to be assessed in the hands of the minor married daughter
(b) to be clubbed with the income of that parent whose total income, before including minor’s
income, is higher
(c) completely exempt from tax
3. Where a member of a HUF has converted or transferred his self-acquired property for inadequate
consideration into joint family property, income arising therefrom is taxable -

(a) as the income of the transferor-member

(b) in the hands of the HUF
(c) in the hands of the karta of the HUF
4. If such converted property is subsequently partitioned among the members of the family, the
income derived from such converted property as is received by the spouse of the transferor will
be taxable -
(a) as the income of the transferor-member
(b) as the income of the spouse of the transferor
(c) as the income of the HUF.
5. Exemption of a certain amount (not exceeding the income clubbed) is available under section
10(32), where a minor’s income is clubbed with the income of the parent. The maximum
exemption available is -
(a) upto ` 1,200 in respect of each minor child
(b) upto ` 1,500 in respect of each minor child
(c) upto ` 2,000 in respect of each minor child
6. Mr. A gifts cash of ` 1,00,000 to his brother’s wife Mrs. B. Mr. B gifts cash of ` 1,00,000 to Mrs.
A. From the cash gifted to her, Mrs. B invests in a fixed deposit, income therefrom is ` 10,000.
Aforesaid ` 10,000 will be included in the total income of …………
(a) Mr. A
(b) Mr. B
(c) Mrs. B
7. Write short notes on the following in the context of clubbing of income -
(a) Substantial interest
(b) Transfer and revocable transfer.
8. Under what circumstances can an income arising to the spouse of an individual be included in the
income of the individual? Discuss.
9. State when the income arising to the son’s wife can be included in the hands of the individual.
10. When can income arising to a minor child be clubbed in the hands of the father or mother?
Discuss.
11. Discuss the tax consequences arising on conversion of self-acquired property into joint family
property.
Answers
1. a; 2. b; 3. a; 4. a; 5. b; 6. b.

6 Set Off and Carry Forward of
Losses
Key Points
Inter-source and Inter-head Set-off [Sections 70 & 71]
Section Provision Exceptions

70 Inter-source set-off under the (i) Loss from speculative business
same head of income
(ii) Loss from specified business
Any loss in respect of one under section 35AD
source shall be set-off against
income from any other source
under the same head of income. (iii) Long term capital loss and
(iv) Loss from the activity of

owning and maintaining race
horses
71 Inter head adjustment (i) Loss under the head “Profits
Loss under one head of income and gains of business or
can be set-off against income profession” cannot be set off
assessable under any other head against income under the head
of income. “Salaries”
(ii) Loss under the head “Capital
gains” cannot be set-off against
income under any other head.
(iii) Speculation loss and loss from

the activity of owning and
maintaining race horses cannot
be set-off against income under
any other head.

Set off and Carry Forward of Losses 6.2
Carry forward and Set-off of brought forward losses

Section Nature of loss to Income against which Maximum
be carried forward the brought forward loss permissible period
can be set-off [from the end of
the relevant
assessment year]
for carry forward
of losses
71B Unabsorbed loss Income from house 8 assessment years
from house property property
72 Unabsorbed Profits and gains from 8 assessment years
business loss business or profession
73 Loss from Income from speculation 4 assessment years
speculation business business
73A Loss from specified Profit from any specified Indefinite period
business under business
section 35AD
74 Long-term capital Long-term capital gains 8 assessment years
loss
Short-term capital Short-term/Long-term 8 assessment years
loss capital gains
74A Loss from the Income from the activity 4 assessment years
activity of owning of owning and
and maintaining race maintaining race horses.
horses
Order of set-off of losses
1. Current year depreciation / Current year capital expenditure on scientific
research and current year expenditure on family planning, to the extent
allowed.
2. Brought forward loss from business/profession [Section 72(1)]
3. Unabsorbed depreciation [Section 32(2)]
4. Unabsorbed capital expenditure on scientific research [Section 35(4)].
5. Unabsorbed expenditure on family planning [Section 36(1)(ix)]

6.3 Income-tax
Question 1
Mr. Garg, a resident individual, furnishes the following particulars of his income and other
details for the previous year 2016-17.
`
(1) Income from Salary 15,000
(2) Income from business 66,000
(3) Long term capital gain on sale of land 10,800
(4) Loss on maintenance of race horses 15,000
(5) Loss from gambling 9,100
The other details of unabsorbed depreciation and brought forward losses pertaining to
Assessment Year 2016-17 are as follows:
`
(1) Unabsorbed depreciation 11,000
(2) Loss from Speculative business 22,000
(3) Short term capital loss 9,800
Compute the Gross total income of Mr. Garg for the Assessment Year 2017-18 and the
amount of loss, if any that can be carried forward or not.
Answer
Computation of Gross Total Income of Mr. Garg for the A.Y. 2017-18
Particulars ` `
(i) Income from salary 15,000
(ii) Profits and gains of business or profession 66,000
Less : Unabsorbed depreciation brought forward from
A.Y.2016-17 11,000 55,000
(Unabsorbed depreciation can be set-off against any head
of income)
(iii) Capital gains
Long term capital gain on sale of land 10,800
Less : Brought forward short term capital loss
[Short-term capital loss can be set-off against both short-
term capital gains and long-term capital gains as per
section 74(1)] 9,800 1,000
Gross total income 71,000

Amount of loss to be carried forward to A.Y.2018-19

Particulars `
(1) Loss from speculative business [to be carried forward as per section 73] 22,000
[Loss from a speculative business can be set off only against income from
another speculative business. Since there is no income from speculative
business in the current year, the entire loss of ` 22,000 brought forward
from A.Y.2016-17 has to be carried forward to A.Y. 2018-19 for set-off
against speculative business income of that year. It may be noted that
speculative business loss can be carried forward for a maximum of four
years as per section 73(4), i.e., upto A.Y.2020-21]
(2) Loss on maintenance of race horses [to be carried forward as per 15,000
section 74A]
[As per section 74A(3), the loss incurred in the activity of owning and
maintaining race horses in any assessment year cannot be set-off against
income from any other source other than the activity of owning and
maintaining race horses. Such loss can be carried forward for a maximum
of four assessment years i.e., upto A.Y.2021-22]
(3) Loss from gambling can neither be set-off nor be carried forward
Question 2
Mr. Batra furnishes the following details for year ended 31.03.2017:
Particulars `
Loss from speculative business 60,000
Long term capital loss on sale of shares (securities transaction tax not paid) 1,00,000
Income from business of textile (after allowing current year depreciation) 50,000
Income from activity of owning and maintaining race horses 15,000
Income from salary 1,00,000
Loss from house property 40,000
Following are the brought forward losses:
(i) Losses from activity of owning and maintaining race horses-pertaining to A.Y.2014-15
` 25,000.
(ii) Brought forward loss from business of textile ` 60,000 - Loss pertains to A.Y. 2009-10.
Compute gross total income of Mr. Batra for the Assessment Year 2017-18. Also state the
eligible carry forward losses for the Assessment Year 2018-19.

6.5 Income-tax
Answer
Computation of Gross Total Income of Mr. Batra for the A.Y. 2017-18
Particulars ` `
Salaries 1,00,000
Less: Current year loss from house property (40,000) 60,000
Profit and gains of business or profession
Income from textile business 50,000
Less: Loss from textile business brought forward from A.Y. 2009-10 60,000
Balance business loss of A.Y. 2009-10 [See Note 1] (10,000) NIL
Income from the activity of owning and maintaining race horses 15,000
Less: Loss from activity of owning and maintaining race horses
brought forward from A.Y. 2014-15 25,000
Loss to be carried forward to A.Y. 2018-19 [See Note 2] (10,000) NIL
Capital Gain
Less: Long term capital loss on sale of shares 1,00,000
Loss to be carried forward to A.Y. 2018-19 [See Note 3] (70,000) NIL
Losses to be carried forward to A.Y. 2018-19
Particulars `
Current year loss from speculative business [See Note-4] 60,000
Current year long term capital loss on sale of shares 70,000
Loss from activity of owning and maintaining of race horse pertaining to A.Y.2014-15 10,000
Notes:-
(1) As per section 72(3), business loss can be carried forward for a maximum of eight
assessment years immediately succeeding the assessment year for which the loss was
first computed. Since the eight year period for carry forward of business loss of A.Y.
2009-10 expired with the A.Y. 2017-18, the balance unabsorbed business loss of
` 10,000 cannot be carried forward to A.Y. 2018-19.
(2) As per section 74A(3), the loss incurred on maintenance of race horses cannot be set-off
against income from any source other than the activity of owning and maintaining race
horses. Such loss can be carried forward for a maximum period of 4 assessment years.

(3) Long term capital gains on sale of shares on which securities transaction tax is not paid
is not exempt under section 10(38). Therefore, long-term capital loss on sale of such
shares can be set-off against long-term capital gain on sale of land. The balance loss of
` 70,000 cannot be set-off against short term capital gain or against any other head of
income. The same has to be carried forward for set-off against long-term capital gain of
the subsequent assessment year. Such long-term capital loss can be carried forward for
a maximum of eight assessment years.
(4) 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
for a maximum of four years as per section 73(4) to be set-off against income from
speculation business.
Question 3
The following are the details relating to Mr. Srivatsan, a resident Indian, aged 57, relating to
the year ended 31.3.2017:
Particulars `
Income from salaries 2,20,000
Loss from house property 1,90,000
Loss from cloth business 2,40,000
Income from speculation business 30,000
Loss from specified business covered by section 35AD 20,000
Long-term capital gains from sale of urban land 2,50,000
Long-term capital loss from sale of listed shares in recognized stock exchange 1,10,000
(STT paid)
Loss from card games 32,000
Income from betting (Gross) 45,000
Life Insurance Premium paid 1,20,000
Compute the total income and show the items eligible for carry forward.
Answer
Computation of total income of Mr. Srivatsan for the A.Y.2017-18
Particulars ` `
Salaries
Income from salaries 2,20,000
Less: Loss from house property 1,90,000 30,000
Income from speculation business 30,000

6.7 Income-tax
Less: Loss from cloth business set off 30,000 Nil

Capital gains
Long-term capital gains from sale of urban land 2,50,000
Less: Loss from cloth business set off 2,10,000 40,000
Income from betting 45,000
Less: Deduction under section 80C (life insurance premium paid) 30,000
Total income 85,000
Losses to be carried forward:
Particulars `
(1) Loss from cloth business (` 2,40,000 - ` 30,000 - `2,10,000) Nil
(2) Loss from specified business covered by section 35AD 20,000
Notes:
(i) Long-term capital gains from sale of listed shares in a recognized stock exchange is
exempt under section 10(38). Loss from an exempt source cannot be set off against
profits from a taxable source. Therefore, long-term capital loss on sale of listed shares
cannot be set-off against long-term capital gains from sale of urban land.
(ii) Loss from specified business covered by section 35AD can be set-off only against profits
and gains of any other specified business. Therefore, such loss cannot be set off against
any other income. The unabsorbed loss has to be carried forward for set-off against
profits and gains of any specified business in the following year.
(iii) Business loss cannot be set off against salary income. However, the balance business
loss of ` 2,10,000 (` 2,40,000 – ` 30,000 set-off against income from speculation
business) can be set-off against long-term capital gains of ` 2,50,000 from sale of urban
land. Consequently, the taxable long-term capital gains would be ` 40,000.
(iv) Loss from card games can neither be set off against any other income, nor can it be
carried forward.
(v) For providing deduction under Chapter VI-A, gross total income has to be reduced by the
amount of long-term capital gains and casual income. Therefore, the deduction under
section 80C in respect of life insurance premium paid has to be restricted to ` 30,000
[i.e., Gross Total Income of ` 1,15,000 – ` 40,000 (LTCG) – ` 45,000 (Casual income)].
(vi) Income from betting is chargeable at a flat rate of 30% under section 115BB and no
expenditure or allowance can be allowed as deduction from such income, nor can any
loss be set-off against such income.

Question 4
Mr. Soohan submits the following details of his income for the assessment year 2017-18:
Particulars `
Income from salary 3,00,000.00
Loss from let out house property 40,000.00
Income from sugar business 50,000.00
Loss from iron ore business b/f (discontinued in P.Y. 2011-12) 1,20,000.00
Short term capital loss 60,000.00
Long term capital gain 40,000.00
Dividend 5,000.00
Income received from lottery winning (Gross) 50,000.00
Winnings from card games 6,000.00
Agricultural income 20,000.00
Long term capital gain from shares (STT paid) 10,000.00
Short term capital loss under section 111A 10,000.00
Bank interest 5,000.00
Calculate gross total income and losses to be carried forward.
Answer
Computation of gross total income of Mr. Soohan for the A.Y.2017-18
Particulars ` `
Salaries
Less: Loss from house property set-off against salary income
as per section 71 (40,000) 2,60,000
Income from sugar business 50,000
Less: Brought forward loss from iron-ore business set-off as per
section 72(1) (50,000) Nil
Balance business loss of ` 70,000 of P.Y.2011-12
carried forward to A.Y.2018-19
Capital gains
Long term capital gain 40,000

6.9 Income-tax
Less: Short term capital loss set-off (40,000) Nil

Balance short-term capital loss of ` 20,000 to be carried forward
Short-term capital loss of ` 10,000 under section 111A also to
be carried forward
Winnings from lottery 50,000
Winnings from card games 6,000
Bank interest 5,000 61,000
Losses to be carried forward to A.Y.2018-19
Loss of iron-ore business 70,000
Short term capital loss (` 20,000 + ` 10,000) 30,000
Notes:
1. The following income are exempt under section 10 –
(i) Dividend income [Exempt under section 10(34)], assuming that dividend is received
from a domestic company.
(ii) Agricultural income [Exempt under section 10(1)].
(iii) Long-term capital gains on which STT is paid [Exempt under section 10(38)].
2. It is presumed that loss from iron-ore business relates to P.Y.2011-12, the year in which
the business was discontinued.
Question 5
Mr. Rajat submits the following information for the financial year ending 31st March, 2017. He
desires that you should:
(a) Compute the total income and
(b) Ascertain the amount of losses that can be carried forward.
Particulars `
(i) He has two houses :
(a) House No. I – Income after all statutory deductions 72,000
(b) House No. II – Current year loss (30,000)
(ii) He has three proprietary businesses :
(a) Textile Business :
(i) Discontinued from 31st October, 2016 – Current year loss 40,000

(ii) Brought forward business loss of A.Y.2013-14 95,000

(b) Chemical Business :
(i) Discontinued from 1st March, 2015 – hence no profit/loss Nil
(ii) Bad debts allowed in earlier years recovered during this year 35,000
(iii) Brought forward business loss of A.Y. 2015-16 50,000
(c) Leather Business : Profit for the current year 1,00,000
(d) Share of profit in a firm in which he is partner since 2004 16,550
(iii) (a) Short-term capital gain 60,000
(b) Long-term capital loss 35,000
(iv) Contribution to LIC towards premium 10,000
Answer
Computation of total income of Mr. Rajat for the A.Y. 2017-18
Particulars ` `
1. Income from house property
House No.1 72,000
House No.2 (-) 30,000 42,000
2. Profits and gains of business or profession
Profit from leather business 1,00,000
Bad debts recovered taxable under section 41(4) 35,000
1,35,000
Less: Current year loss of textile business (-) 40,000
95,000
Less: Brought forward business loss of textile business for
A.Y.2013-14 set off against the business income of current year 95,000 Nil
3. Capital Gains
Short-term capital gain 60,000
Under section 80C – LIC premium paid 10,000
Total Income 92,000
Statement of losses to be carried forward to A.Y. 2018-19
Particulars `
Business loss of A.Y. 2015-16 to be carried forward under section 72 50,000
Long term capital loss of A.Y. 2017-18 to be carried forward under section 74 35,000

6.11 Income-tax
Notes:
(1) Share of profit from firm of ` 16,550 is exempt under section 10(2A).
(2) Long-term capital loss cannot be set-off against short-term capital gains. Therefore, it
has to be carried forward to the next year to be set-off against long-term capital gains of
that year.
Question 6
Mr. A furnishes you the following information for the year ended 31.03.2017:
(`)
(i) Income from plying of vehicles (computed as per books)
(He owned 5 heavy goods vehicle throughout the year) 3,20,000
(ii) Income from retail trade of garments
(Computed as per books) (Sales turnover ` 1,21,70,000) 7,50,000
(iii) He has brought forward depreciation relating to A.Y. 2016-17 1,00,000
(iv) He deposited ` 1,50,000 into his PPF account on 6.1.2017
Compute taxable income of Mr. A and his tax liability for the assessment year 2017-18 with
reasons for your computation.
Answer
Computation of total income and tax liability of Mr. A for the A.Y. 2017-18
Particulars `
Income from retail trade – as per books (See Note 1 below) 7,50,000
Income from plying of vehicles – as per books (See Note 2 below) 3,20,000
10,70,000
Less : Set off of brought forward depreciation relating to A.Y. 2016-17 1,00,000
Less: Deduction under section 80C – Contribution to PPF 1,50,000
Tax liability 89,000
Add: Education cess and SHEC@3% 2,670
Tax Payable 91,670
Note :
1. Income from retail trade: Presumptive business income under section 44AD is
` 9,73,600 i.e., 8% of turnover of ` 1,21,70,000. However, the income computed as per
books is ` 7,50,000 which is to be further reduced by the amount of unabsorbed
depreciation of ` 1,00,000. Since the income computed as per books is lower than the
income deemed under section 44AD, the assessee can adopt the income as per books.

However, if he does not opt for presumptive taxation under section 44AD, he has to get his
books of accounts audited under section 44AB, since his turnover exceeds Rs.1 crore.
2. Income from plying of vehicles: Income calculated under section 44AE(1) would be
` 7,500 x 12 x 5 which is equal to ` 4,50,000. However, the income from plying of
vehicles as per books is ` 3,20,000, which is lower than the presumptive income of
` 4,50,000 calculated as per section 44AE(1). Hence, the assessee can adopt the
income as per books i.e. ` 3,20,000, provided he maintains books of account as per
section 44AA and gets his accounts audited and furnishes an audit report as required
under section 44AB.
It is to be further noted that in both the above cases, had presumptive income provisions been
opted, all deductions under sections 30 to 38, including depreciation would have been deemed
to have been given full effect to and no further deduction under those sections would be
allowable.
If the assessee opted for income to be assessed on presumptive basis, his total income
would be as under:
Particulars `
Income from retail trade under section 44AD [` 1,21,70,000 @ 8%] 9,73,600
Income from plying of vehicles under section 44AE [` 7,500 x 12 x 5] 4,50,000
14,23,600
Less: Set off of brought forward depreciation – not possible as it is
deemed that it has been allowed and set off Nil
Less: Deduction under section 80C - Contribution to PPF 1,50,000
Tax thereon 2,07,080
Add : Education cess and SHEC@3% 6,212
Total tax liability (rounded off) 2,13,290
Question 7
Compute the total income of Mr. Krishna for the assessment year 2017-18 from the following
particulars:
Particulars Amount (`)
Income from business before adjusting the following items: 1,75,000
(a) Business loss brought forward from assessment year 2014-15 70,000
(b) Current depreciation 40,000
(c) Unabsorbed depreciation of earlier year 1,55,000

6.13 Income-tax
Income from house property (Gross Annual Value) 4,32,000

Municipal taxes paid 32,000
Mr. Krishna sold a plot at Noida on 12th September, 2016 for a
consideration of ` 6,40,000, which had been purchased by him on 20th
December, 2013 at a cost of ` 4,10,000
Long-term capital loss on sale of shares sold through recognized stock 75,000
exchange (STT paid)
Long-term capital gain on sale of debentures 60,000
Dividend on shares held as stock in trade 22,000
Dividend from a company carrying on agri business 10,000
During the previous year 2016-17, Mr. Krishna has repaid ` 1,67,000 towards housing
loan from a scheduled bank. Out of ` 1,67,000, ` 97,000 was towards payment of interest
and rest towards principal payments.
Cost inflation indices: F.Y. 2012-13: 852 & F.Y.2016-17: 1125.
Answer
Computation of total income of Mr. Krishna for the A.Y 2017-18
Particulars ` `
I. Income from house property
Gross Annual Value 4,32,000
(a) 30% of NAV 1,20,000
(b) Interest on housing loan 97,000 1,83,000
II. Income from business
Income from business 1,75,000
Less : Current year depreciation under section 32(1) 40,000
1,35,000
Less: Set-off of brought forward business loss of A.Y.
2014-15 under section 72 70,000
65,000
Less: Unabsorbed depreciation set-off [See Note 3] 65,000 Nil

III. Capital gains

Long term capital gain on sale of debentures 60,000
Less: Unabsorbed depreciation set-off [See Note 3] 60,000 Nil
Short term capital gain on sale of land [See Note 2] 2,30,000
Less: Unabsorbed depreciation set-off [See Note 3] 30,000 2,00,000
IV. Income from other sources
Dividend on shares (whether held as stock-in-trade or
from a company carrying on agricultural operations) –
exempt under section 10(34) - Nil
Less : Chapter VI-A deduction
Section 80C [Principal repayment of housing loan] 70,000
Notes:
(1) Loss from an exempt source cannot be set-off against gains from a taxable source. Since
long-term capital gains on sale of listed equity shares through a recognized stock
exchange is eligible for exemption under section 10(38), consequently, long-term capital
loss on sale of listed equity shares, being loss from an exempt source, cannot be set-off
against long-term capital gains on sale of debentures.
(2) Since land is held for a period of less than 36 months, the gain of ` 2,30,000 arising from
sale of such land is a short-term capital gain.
(3) Brought forward unabsorbed depreciation can be adjusted against any head of income.
However, it is most beneficial to set-off unabsorbed depreciation first against long-term
capital gains, since it is taxable at a higher rate of 20% (the other income of the
assessee falling in the 10% slab rate). Therefore, unabsorbed depreciation is first set-off
against long-term capital gains to the extent of ` 60,000. The remaining unabsorbed
depreciation is adjusted against business income to the extent of ` 65,000 and the
balance of ` 30,000 is adjusted against short-term capital gains.
In the alternative, the balance of ` 30,000 may also be set-off against income from house
property, in which case, the net income from house property would be ` 1,53,000 and
short-term capital gains would be ` 2,30,000. The gross total income and total income
would, however, remain unchanged.

6.15 Income-tax
Question 8
Simran, engaged in various types of activities, gives the following particulars of her income for
the year ended 31.3.2017:
Particulars `
(a) Profit of business of consumer and house-hold products 50,000
(b) Loss of business of readymade garments 10,000
(c) Brought forward loss of catering business which was closed in A.Y. 2016-17 15,000
(d) Short-term loss on sale of securities and shares 15,000
(e) Profit of speculative transactions entered into during the year 12,500
(f) Loss of speculative transactions of A.Y. 2012-13 not set off till A.Y. 2016-17 15,000
Compute the total income of Simran for the A.Y. 2017-18.

Answer
Computation of total income of Simran for the A.Y. 2017-18
Particulars ` `
Profit of business of consumer and house-hold products 50,000
Less: Loss of business of readymade garments for the year
adjusted under section 70(1) 10,000
40,000
Less: Brought forward loss of catering business closed in A.Y.
2016-17 set off against business income for the current year
as per section 72(1) 15,000 25,000
Profit of speculative transaction 12,500
Total Income 37,500
Notes :
1. Loss of speculative transaction of A.Y. 2012-13 is not allowed to be set off against the
profit of speculative transaction of the A.Y.2017-18, since, as per the provisions of
section 73(4), such loss can be carried forward for set-off for a maximum period of 4
years only i.e. up to A.Y.2016-17.
2. Short term capital loss of ` 15,000 on sale of securities and shares has to be carried
forward as per section 74 since there is no income under the head Capital Gains for the
A.Y.2017-18. The loss is to be carried forward for set off in future years against income
chargeable under the head Capital Gains. Such loss can be carried forward for a
maximum period of 8 assessment years.

Question 9
M/s. Vivitha & Co., a partnership firm, with four partners A, B, C and D having equal shares,
furnishes the following details, summarized from the valid returns of income filed by it:
Assessment year Item eligible for carry forward and set off
2015-16 Unabsorbed business loss ` 1,20,000
2016-17 Unabsorbed business loss ` 1,90,000
2016-17 Unabsorbed depreciation ` 1,20,000
2016-17 Unabsorbed long-term capital losses:
-from shares ` 1,10,000; -from building ` 1,90,000
C who was a partner during the last three years, retired from the firm with effect from
1.4.2016.
The summarized results of the firm for the assessment year 2017-18 are as under:
Particulars `
Income from business:
Speculation 2,20,000
Non-speculation (-) 50,000
Capital gains
Short-term (from sale of shares) 40,000
Long-term (from sale of building) 2,10,000
Income from other sources 60,000
Briefly discuss how the items brought forward from earlier years can be set off in the hands of
the firm for the assessment year 2017-18, in the manner most beneficial to the assessee. Also
show the items to be carried forward.
Answer
According to section 78(1), where there is a change in the constitution of the firm, the loss
relatable to outgoing partner (whether by way of retirement or death) has to be excluded for
the purposes of carry forward. However, this provision does not apply in the case of
unabsorbed depreciation.
Accordingly, M/s. Vivitha & Co. is entitled to carry forward the losses to the extent given below:

6.17 Income-tax
Item Loss Relatable to C Balance eligible

(`) (`) for carry forward
(`)
Business loss of A.Y.2015-16 1,20,000 30,000 90,000
Business loss of A.Y.2016-17 1,90,000 47,500 1,42,500
Long term capital loss of A.Y.2016-17 3,00,000 75,000 2,25,000
Set off of items in the hands of M/s. Vivitha & Co. for the A.Y. 2017-18
Particulars ` `
Current year income 70,000
Less: Brought forward unabsorbed depreciation (See Note 1) 70,000 NIL
2. Profits and gains of business or profession
Current year speculative business profits 2,20,000
Less: Current year Non-speculation loss set off (See Note 2) 50,000
1,70,000
Less: Brought forward business losses of earlier year
(2015-16 ` 90,000 and 2016-17 ` 80,000) (See Note 3) 1,70,000 NIL
3. Capital gain
Short term (from sale of shares) 40,000
Long-term (from sale of building) 2,10,000
Less: Brought forward long term capital loss of A.Y.2016-17 2,10,000 NIL
(See Note 4)
Current year income (before set off) 60,000
Less: Brought forward depreciation (See Note 1) 50,000 10,000
Total Income 50,000
Losses to be carried forward to A.Y. 2018-19
Business loss (` 1,42,500 - ` 80,000) 62,500
Long term capital loss (` 2,25,000 – ` 2,10,000) 15,000
Both these losses relate to A.Y. 2016-17

Notes:
(1) Unabsorbed depreciation can be set off against income from any head. Hence, it will be
advantageous to set off unabsorbed depreciation against income from house property
and income from other sources.
(2) In the current year, non-speculation business loss can be set off against speculation
business income.
(3) Brought forward non-speculation business loss can also be set off against speculation
business income of current year.
(4) According to section 74, brought forward long-term capital losses shall be set off only
against long-term capital gains of current year.
(5) The set-off and carry forward of losses should be most beneficial to the assessee. If
brought forward depreciation is set off against current year’s business income first, then
the quantum of brought forward business loss which can set off against current year’s
business income will be lower. This will not be beneficial to the assessee.
Question 10
Mr. P, a resident individual, furnishes the following particulars of his income and other details
for the previous year 2016-17:
(ii) Net annual value of house property 70,000
(iii) Income from business 80,000
(iv) Income from speculative business 12,000
(v) Long term capital gain on sale of land 15,800
(vi) Loss on maintenance of race horse 9,000
(vii) Loss on gambling 8,000
Depreciation allowable under the Income-tax Act, 1961, comes to ` 8,000, for which no
treatment is given above.
The other details of unabsorbed depreciation and brought forward losses (pertaining to A.Y.
2016-17) are:
Sl. Particulars `
No.
(i) Unabsorbed depreciation 9,000
(ii) Loss from speculative business 16,000
(iii) Short term capital loss 7,800

6.19 Income-tax
Compute the gross total income of Mr. P for the Assessment year 2017-18, and the amount of
loss that can or cannot be carried forward.
Answer
Computation of Gross Total Income of Mr. P for the A.Y. 2017-18
Particulars ` `
(ii) Income from House Property
Less : Deduction under section 24 (30% of ` 70,000) 21,000 49,000
(iii) Income from business and profession
(a) Income from business 80,000
Less : Current year depreciation 8,000
72,000
Less : Unabsorbed depreciation 9,000 63,000
(b) Income from speculative business 12,000
Less : Brought forward loss from speculative business 12,000 Nil
(Balance loss of ` 4,000 (i.e. ` 16,000 – ` 12,000) can
be carried forward to the next year)
(iv) Income from capital gain
Less : Brought forward short term capital loss 7,800 8,000
Amount of loss to be carried forward to the next year
Particulars `
Loss from speculative business (to be carried forward as per section 73) 4,000
Loss on maintenance of race horses (to be carried forward as per section 74A) 9,000
Notes :
(i) Loss on gambling can neither be set-off nor be carried forward.
(ii) As per section 74A(3), the loss incurred on maintenance of race horses cannot be set-off
against income from any other source other than the activity of owning and maintaining
race horses. Such loss can be carried forward for a maximum period of 4 assessment
years.

(iii) Speculative business loss can set off only against income from speculative business of
the current year and the balance loss can be carried forward to A.Y. 2018-19. It may be
noted that speculative business loss can be carried forward for a maximum of four years
as per section 73(4).
Question 11
Ms. Geeta, a resident individual, provides the following details of her income / losses for the
year ended 31.3.2017:
(i) Salary received as a partner from a partnership firm ` 7,50,000. The same was allowed
to the firm.
(ii) Loss on sale of shares listed in BSE ` 3,00,000. Shares were held for 15 months and
STT paid on sale.
(iii) Long-term capital gain on sale of land ` 5,00,000.
(iv) ` 51,000 received in cash from friends in party.
(v) ` 55,000, received towards dividend on listed equity shares of domestic companies.
(vi) Brought forward business loss of assessment year 2016-17 ` 12,50,000.
The return for assessment year 2016-17 was filed in time.
Compute gross total income of Ms. Geeta for the Assessment Year 2017-18 and ascertain the
amount of loss that can be carried forward.
Answer
Computation of Gross Total Income of Ms. Geeta for the Assessment Year 2017-18
Particulars `
Profits and gains of business and profession
Salary received as a partner from a partnership firm is taxable under the head 7,50,000
“Profits and gains of business and profession”
Less: Brought forward business loss of Assessment Year 2016-17 to be set-
off against business income 7,50,000
Nil
Capital Gains
Long term capital gain on sale of land (See Note 2) 5,00,000
Cash gift received from friends - since the value of cash gift 51,000
exceeds ` 50,000, the entire sum is taxable
Dividend received from a domestic company is exempt under
section 10(34) Nil 51,000

6.21 Income-tax
Notes :
1. Balance brought forward business loss of assessment year 2016-17 of ` 5,00,000 has to
be carried forward to the next year.
2. Long-term capital loss on sale of shares cannot be set-off against long-term capital gain
on sale of land since loss from an exempt source cannot be set-off against profit from a
taxable source. Since long-term capital gain on sale of listed shares on which STT is paid
is exempt under section 10(38), loss on sale of listed shares is a loss from an exempt
source. So, it cannot be set-off against long-term capital gain on sale of land, which is a
profit from a taxable source.
Question 12
Mr. Aditya furnishes the following details for the year ended 31-03-2017:
Particulars Amount (`)
Loss from speculative business A 25,000
Income from speculative business B 5,000
Loss from specified business covered under section 35AD 20,000
Loss from house property 1,50,000
Income from trading business 45,000
Long-term capital gain from sale of urban land 2,00,000
Long-term capital loss on sale of shares (STT not paid) 75,000
Long-term capital loss on sale of listed shares in recognized stock 82,000
exchange (STT paid)
Following are the brought forward losses:
(1) Losses from owning and maintaining of race horses pertaining to A.Y. 2016-17
` 2,000.
(2) Brought forward loss from trading business ` 5,000 relating to A.Y.2013-14.
Compute the total income of Mr. Aditya and show the items eligible for carry forward.
Answer
Computation of total income of Mr. Aditya for the A.Y.2017-18
Particulars ` `
Salaries
Less: Loss from house property set-off against salary income as
per section 71(1) 1,50,000 1,00,000


Income from trading business 45,000
Less: Brought forward loss from trading business of A.Y. 2013-14
can be set off against current year income from trading business
as per section 72(1), since the eight year time limit as specified 5,000 40,000
under section 72(3), within which set-off is permitted, has not
expired.
Income from speculative business B 5,000
Less: Loss from speculative business A set-off as per section 73(1) 25,000
Loss from speculative business A to be carried forward to

A.Y.2018-19 as per section 73(2) 20,000
Loss from specified business covered under section 35AD to be
carried forward for set-off against income from specified business 20,000
as per section 73A.
Capital Gains
Long term capital gain on sale of urban land 2,00,000
Less: Long term capital loss on sale of shares (STT not paid) set-off
as per section 74(1)] 75,000 1,25,000
Long-term capital loss of ` 82,000 on sale of listed shares on which
STT is paid cannot be set-off against long-term capital gain on sale of
urban land since loss from an exempt source cannot be set-off
against profit from a taxable source.
Items eligible for carried forward to A.Y.2018-19
Particulars `
Loss from speculative business A 20,000
Loss from speculative business can be set-off only against profits from any other
speculation business. As per section 73(2), balance loss not set-off can be
carried forward to the next year for set-off against speculative business income
of that year. Such loss can be carried forward for a maximum of four
assessment years i.e., upto A.Y.2021-22, in this case, as specified under
section 73(4).
Loss from specified business 20,000
Loss from specified business under section 35AD can be set-off only against
profits of any other specified business. If loss cannot be so set-off, the same
has to be carried forward to the subsequent year for set off against income from
specified business, if any, in that year. As per section 73A(2), such loss can be

6.23 Income-tax
carried forward indefinitely for set-off against profits of any specified business .
Loss from the activity of owning and maintaining race horses 2,000
Losses from the activity of owning and maintaining race horses (current year or
brought forward) can be set-off only against income from the activity of owning
and maintaining race horses. If it cannot be so set-off, it has to be carried
forward to the next year for set-off against income from the activity of owning
and maintaining race horses, if any, in that year. It can be carried forward for a
maximum of four assessment years, i.e., upto A.Y.2020-21, in this case as
specified under section 74A(3).
Exercise
1. In a case where the business is succeeded by inheritance, and the legal heirs constitute
themselves as a partnership firm, then -
a) the partnership firm can carry forward and set-off the loss of the predecessor.
b) the partnership firm cannot carry forward and set-off the loss of the predecessor.
c) the loss of the predecessor can be carried forward and set-off only by the individual
partners in proportion to the share of profits of the firm.
2. According to section 80, no loss which has not been determined in pursuance of a return filed in
accordance with the provisions of section 139(3), shall be carried forward. The exceptions to this are -
(a) Loss from specified business under section 73A
(b) Loss under the head “Capital Gains” and unabsorbed depreciation carried forward under
section 32(2)
(c) Loss from house property and unabsorbed depreciation carried forward under section 32(2)
3. Section 70 enables set off of losses under one source of income against income from any other
source under the same head. The exceptions to this section are -
(a) Loss under the head “Capital Gains”, Loss from speculative business and loss from the
activity of owning and maintaining race horses
(b) Long-term capital loss, Loss from speculative business and loss from the activity of owning
and maintaining race horses
(c) Short-term capital loss and loss from speculative business
4. The maximum period for which speculation loss can be carried forward is -
(a) 4 years
(b) 8 years
(c) indefinitely
5. Mr. A incurred short-term capital loss of ` 10,000 on sale of shares through the National Stock
Exchange. Such loss can be set-off -
(a) only against short-term capital gains

(b) against both short-term capital gains and long-term capital gains
(c) against any head of income.
6. Explain the provisions of carry forward and set off of business losses under section 72 of the
7. Write short notes on:
(a) Loss can be carried forward only by the person who has incurred the loss.
(b) Carry forward and set off of losses by closely held companies.
(a) Inter-head adjustment
(b) Inter-source adjustment.
9. Discuss the correctness of the following statements -
(i) Long term capital loss can be set-off against short-term capital gains arising in that year.
(ii) Business loss can be set-off against salary income arising in that year.
10. Discuss briefly on -
(a) Carry forward and set-off of losses by closely held companies
(b) Set-off and carry forward of speculation business loss.
Answers
1. a; 2. c; 3. b; 4. a; 5. b.

7 Deductions from Gross Total
Income
Key Points
Deductions in respect of payments
Section Eligible Eligible Payments Permissible Deduction
Assessee
80C Individual Contribution to PPF, Payment
or HUF of LIC premium, etc.
Sums paid or deposited in the
previous year
- Life insurance premium ` 1,50,000
paid
- Contribution to PPF, SPF,
RPF and superannuation
fund
- Repayment of housing loan
80CCC Individual Contribution to certain ` 1,50,000
pension funds Section 80CCE.
Any amount paid or deposited Maximum permissible
to keep in force a contract for deduction under
any annuity plan of LIC of section 80C, 80CCC &
India or any other insurer for 80CCD(1) is `1,50,000
receiving pension from the
fund.
80CCD Individuals Contribution to Pension In case of a salaried
employed by Scheme of Central individual, deduction of
the Central Government own contribution under
Government An individual employed by the section 80CCD(1) is
or any other Central Government on or after restricted to 10% of his
employer as 1.1.2004 or any other employer salary.
well as self- or any other assessee, being an In any other case,
employed individual, who has paid or deduction under section
individuals. deposited any amount in his 80CCD(1) is restricted to
account under a notified pension 10% of gross total
scheme. income.

Deductions from Gross Total Income 7.2
Further, additional
deduction of upto
` 50,000 is available under
section 80CCD(1B).
The entire employer’s

contribution would be
included in the salary of
the employee. The
deduction of employer’s
contribution under
section 80CCD(2) would
be restricted to 10% of
salary. However, the
limit ` 1.50 lakh under
section 80CCE does not
apply to deduction
under section 80CCD(2)
and 80CCD(1B).
80CCG Resident Investment made under
Individual, notified equity savings
being a new scheme 50% of the amount
retail Payment made for acquisition invested in such listed
investor of listed equity shares or listed equity shares or listed units
units of equity oriented fund (or)
by new retail investor in ` 25,000,
accordance with the scheme whichever is lower.
notified by the Central The deduction is available
Government. for three consecutive
For availing this deduction, assessment years beginning
gross total income of the with the assessment year in
individual ≤ ` 12 lacs. which equity shares or units
Minimum lock in period is were first acquired.
three years from acquisition
date.
The fixed lock-in period as per
the Rajiv Gandhi Equity
Savings Scheme, 2013 is from
the date of purchase of eligible
securities upto 31st March of
the year immediately following
the relevant financial year.

7.3 Income-tax
80DD Resident Maintenance including

Individual medical treatment of a
or HUF dependent disabled
Any amount incurred for the Flat deduction of ` 75,000.
medical treatment, training and
rehabilitation of a dependent In case of severe disability
disabled (i.e. person with 80% or
and / or more disability) the flat
Any amount paid or deposited deduction shall be
under the scheme framed in ` 1,25,000.
this behalf by the LIC or any
other insurer or Administrator
or Specified Company.
80D Individual Medical Insurance Premium
and HUF (1) Any premium paid,
otherwise than by way of
cash, to keep in force an
insurance on the health of – Maximum `25,000
in case of self, spouse (` 30,000, in case the
an and individual or his or her
individual dependent spouse is a senior citizen)
children
in case of family
Maximum ` 5,000,
HUF member
in aggregate
(2) Contribution to CGHS of (subject to the
such other scheme as overall individual
notified by Central limits of ` 25,000/
Government.
` 30,000, as the
(3) Payment, including cash case may be)
payment, for preventive
health check up of plus
himself, spouse,
dependent children.
(4) Any premium paid, otherwise
than by way of cash, to keep
in force an insurance on the
health of parents, whether or Maximum `25,000
not dependent on the (` 30,000, in case either or
individual. both of the parents are
(5) Payment, including cash senior citizen)
payment, for preventive
health check up of parents.

80DDB Resident Deduction for medical

Individual treatment of specified Actual sum paid or
or HUF diseases or ailments ` 40,000 (` 60,000, if the
Amount paid for specified payment is for medical
diseases or ailment treatment of a senior
In case For himself or citizen and ` 80,000, if the
the his dependent payment is for medical
assessee is spouse, children, treatment of a very senior
an parents, brothers citizen), whichever is less,
individual or sisters minus
In case For any member the amount reimbursed
the of his family from the insurance
company or the employer.
assessee is
a HUF
80E Individual Interest on loan taken for The deduction is available
higher education for interest payment in the
Interest on loan should be initial assessment year (year
taken from any financial of commencement of
institution or approved interest payment) and seven
charitable institution. assessment years
Such loan is taken for pursuing immediately succeeding the
his higher education or higher initial assessment year
education of his or her relative or
i.e., spouse or children of the until the interest is paid in
individual. full by the assessee,
whichever is earlier.
80EE Individuals Additional deduction for Additional deduction of
interest on loan borrowed for upto ` 50,000 would be
acquisition of self-occupied allowed in respect of
house property by an interest on loan taken from
individual (over and above a financial institution.
the deduction of ` 2 lakhs Conditions:
under section 24) (1) Loan should be
sanctioned during
P.Y.2016-17
(2) Loan sanctioned ≤ ` 35
lakhs
(3) Value of house ≤ ` 50
lakhs
(4) The assessee should
not own any residential
house on the date of
sanction of loan.

7.5 Income-tax
80G All assessees Donations to certain funds, There are four categories
charitable institutions etc. of deductions –
Prime Minister’s National Relief (1) 100% deduction of
Fund, amount donated,
Prime Minister’s Drought Relief without any
Fund, qualifying limit
National Children’s Fund, (2) 50% deduction of
Rajiv Gandhi Foundation, amount donated,
Government or any approved without any
local authority, institution for qualifying limit
promotion of family planning (3) 100% deduction of
Certain funds/institutions etc. amount donated,
subject to qualifying
limit
Qualifying amount is calculated
as follows:
Step 1: Compute adjusted total (4) 50% deduction of
income, i.e., the gross total amount donated,
income as reduced by the subject to qualifying
following: limit.
1. Deductions under No deduction shall be
Chapter VI-A, except allowed for donation in
under section 80G excess of ` 10,000, if paid
2. Short term capital gains in cash.
taxable under section
111A
3. Long term capital gains
taxable under section
112
Step 2: Calculate 10% of
adjusted total income.
Step 3: Calculate the actual
donation, which is subject to
qualifying limit
Step 4: Lower of Step 2 or Step
3 is the maximum permissible
deduction.
Step 5: The said deduction is
given first for donations
qualifying for 100% deduction
and thereafter, the balance for
donations qualifying for 50%
deduction.

80GG Individual Rent paid No deduction if any

not in Least of the following is residential accommodation
receipt of allowable as deduction: is owned by the assessee or
house rent (1) 25% of total income; his spouse or his minor
allowance (2) Rent paid – 10% of total child or his HUF at the
income place where he ordinarily
(3) ` 5,000 p.m. resides or performs the
duties of his office or
employment or carries on
his business or profession.
80GGB Indian Contributions to political
company parties Actual contribution
Any sum contributed by it to a (otherwise than by way of
political party or an electoral cash)
trust.
80GGC Any person, Contributions to political
other than parties Actual contribution
local Amount contributed to a (otherwise than by way of
authority and political party or an electoral cash)
an artificial trust.
juridical
person
funded by
the
Government.
Deductions in respect of Certain Incomes
Section Eligible Eligible Income Permissible Deduction
Assessee
80QQB Resident Royalty income, etc., of
individual authors of certain books
other than text books
Lump sum consideration for Amount received or
assignment or grant of any of his receivable or
interests in the copyright of any ` 3,00,000, whichever is
book, being a work of literary, less.
artistic or scientific nature or of
royalty or copyright fees
Royalty or copyright fee Maximum 15% of value
received otherwise than by of books sold
way of lump sum

7.7 Income-tax
80RRB Resident Royalty on patents Whole of such income

individual,Any income by way of royalty on or
being a patents ` 3,00,000,
patentee whichever is less.
80TTA Individual or Interest on deposits in savings
a HUF account
Any income by way of interest Actual interest subject
on deposits in a savings account to a maximum of
with a bank, a co-operative ` 10,000.
society or a post office (not
being time deposits, which are
repayable on expiry of fixed
periods)
Other Deductions
Section Eligible Condition for deduction Permissible
Assessee Deduction
80U Resident Deduction in case of a person
Individual with disability ` 75,000, in case of a
Any person, who is certified by person with disability.
the medical authority to be a ` 1,25,000, in case of a
person with disability. person with severe
disability (80% or more
disability).
Question 1
Explain how contributions to political parties are deductible in the hands of corporate and non-
corporate assessees under the income-tax law.
Answer
Section 80GGB provides for deduction of any sum contributed in the previous year by an
Indian company to a political party.
Section 80GGC provides for deduction of any sum contributed by any other person to a
political party. However, this deduction will not be available in respect of sum contributed by a
local authority and every artificial juridical person, wholly or partly funded by the Government.
It may be noted that cash donations to political parties would not qualify for deduction under
section 80GGB and section 80GGC.
Deduction under sections 80GGB and 80GGC would be available in respect of contributions made
to a political party registered under section 29A of the Representation of the People Act, 1951.

Note: For the purpose of section 80GGB, the word “contribute” shall have the same meaning
assigned to it under section 293A of the Companies Act, 1956, which provides that –
(a) a donation or subscription or payment given by a company to a person for carrying on
any activity which is likely to effect public support for a political party shall also be
deemed to be contribution for a political purpose;
(b) the expenditure incurred, directly or indirectly, by a company on advertisement in any
publication (being a publication in the nature of a souvenir, brochure, tract, pamphlet or
the like) by or on behalf of a political party or for its advantage shall also be deemed to
be a contribution to such political party or a contribution for a political purpose to the
person publishing it.
However, it may be noted that as per section 37(2B), no allowance shall be allowed in respect of
expenses incurred by him on advertisement in any souvenir, brochure, tract or the like published
by any political party. It is only after computation of gross total income, contribution to a
registered political party is allowed as deduction under section 80GGB to an Indian company.
Question 2
The gross total income of Mr. Nepal for the Assessment Year 2017-18, was ` 12,00,000. He
has made the following investment/payments during the previous year 2016-17-
Particulars `
1. L.I.C. premium paid (Policy value ` 1,00,000) (taken on 1.03.2012) 25,000
2. Contribution to Public Provident Fund (PPF) 70,000
3. Repayment of housing loan to Indian Bank 50,000
4. Payment made to L.I.C. pension fund 20,000
5. Medical insurance premium for self, wife and dependent children. 28,000
6. Mediclaim premium for parents (aged over 80 years) 32,000
Compute eligible deduction under Chapter VI-A for the Assessment Year 2017-18.
Answer
Computation of eligible deduction under Chapter - VI A of Mr. Nepal for A.Y. 2017-18
Particulars ` `
Deduction under Section 80C
LIC premium paid ` 25,000 20,000
[Limited to 20% of policy value, since policy has been taken before
1.04.2012 (20% x ` 1,00,000)]
Contribution to P.P.F. 70,000
Repayment of housing loan to Indian Bank 50,000
1,40,000

7.9 Income-tax
Deduction under Section 80CCC

Payment to LIC Pension Fund 20,000
1,60,000
Deduction limited to ` 1,50,000 as per section 80CCE 1,50,000
Deduction under Section 80D
Payment of medical insurance premium ` 28,000 for self, wife and 25,000
dependent children. Deduction limited to ` 25,000.
Medical insurance premium paid for parents ` 32,000 (limited to
` 30,000, being the limit applicable for senior citizens) 30,000 55,000
Eligible deduction under Chapter VI A 2,05,000
Question 3
Ria, Roma and Raj, three new retail investors, have made the following investments in equity
shares/units of equity oriented fund of Rajiv Gandhi equity savings scheme for the previous
year 2016-17 as below:
Ria (`) Roma (`) Raj (`)
Investment in listed equity shares 50,000 23,000 -
Investment in equity oriented funds 10,000 12,000 55,000
Gross total income 10,80,000 11,50,000 12,60,000
Calculate the amount of deduction allowable under section 80CCG in all the three cases for
the Assessment Year 2017-18.
What would be the tax treatment in the hands of Raj, if he sells his investments in the
Financial Year 2017-18?
Answer
Deduction under section 80CCG is available to:
(i) a new retail investor who complies with the conditions of the Rajiv Gandhi Equity Savings
Scheme; and
(ii) whose gross total income for the financial year in which investment is made under the
scheme is less than or equal to ` 12 lakh.
The question specifies that Ms. Ria, Ms. Roma & Mr. Raj are new retail investors. The gross
total income of Ms. Ria and Ms. Roma does not exceed ` 12 lakh. Therefore, Ms. Ria and
Ms. Roma would be eligible for deduction under section 80CCG. However, since gross total
income of Mr. Raj for the A.Y. 2017-18 exceeds ` 12 lakh, he is not eligible for deduction
under section 80CCG for that year, even though he is a new retail investor.

Computation of deduction under section 80CCG for A. Y. 2017-18

Particulars Ms. Ria Ms. Roma
Investment in listed equity shares 50,000 23,000
Investment in units of equity-oriented fund 10,000 12,000
Total Investment in eligible securities 60,000 35,000
Maximum amount of investment eligible for deduction under 50,000 35,000
section 80CCG [Actual Investment or ` 50,000, whichever is
lower]
Deduction under section 80CCG for A.Y. 2017-18 (50% of above) 25,000 17,500
Tax treatment on sale of investment by Mr. Raj in the Financial Year 2017-18
In the case of Mr. Raj, since no deduction under section 80CCG was allowed to him in the
A.Y. 2017-18 on account of his gross total income exceeding ` 12 lakh, no amount invested in
that year can be subject to tax in A.Y. 2018-19 on account of sale of investments before the
expiry of the prescribed time limit.
Question 4
Mr. Chaturvedi having gross total income of ` 6,35,000 for the financial year 2016-17
furnishes you the following information:
(i) Deposited ` 50,000 in tax saver deposit in the name of major son in a nationalized bank.
(ii) Paid ` 25,000 towards premium on life insurance policy of his married daughter (Sum
Assured ` 2,50,000). The policy was taken on 01.05.2012.
(iii) Contributed ` 10,000 to Prime Minister's National Relief Fund.
(iv) Donated ` 20,000 to a Government recognized institution for scientific research by a
cheque.
Note: Assume that the gross total income of Mr. Chaturvedi comprises of only income under
the head ‘Salaries’ and ‘Income from house property’.
Compute the total income of Mr. Chaturvedi for the assessment year 2017-18.
Answer
Computation of total income of Mr. Chaturvedi for the A.Y.2017-18
Particulars ` `
(i) Deposit of ` 50,000 in tax saver deposit in the name of major
son in a nationalized bank – Fixed deposit in the name of son -

7.11 Income-tax
does not qualify for deduction under section 80C

(ii) Premium on life insurance policy of his married daughter – 25,000
Full amount is eligible for deduction under section 80C
(since premium paid does not exceed 10% of sum assured)
(iii) Contribution of ` 10,000 to PM’s National Relief Fund, 10,000
eligible for 100% deduction under section 80G
(iv) Payment of ` 20,000 to a Government recognized institution

for scientific research - Eligible for deduction under section
80GGA since the payment is made by way of cheque 20,000 55,000
Question 5
State with proper reasons whether the following statements are True/False with regard to the
(i) During the financial year 2016-17, Mr. Amit paid interest on loan availed by him for his
son's higher education. His son is already employed in a firm. Mr. Amit will get the
deduction under section 80E.
(ii) Subscription to notified bonds of NABARD would qualify for deduction under section 80C.
(iii) In order to be eligible to claim deduction under section 80C, investment/contribution/
subscription etc. in eligible or approved modes, should be made from out of income
chargeable to tax.
(iv) Where an individual repays a sum of ` 30,000 towards principal and ` 14,000 as interest
in respect of loan taken from a bank for pursuing eligible higher studies, the deduction
allowable under section 80E is ` 44,000.
(v) Mrs. Sheela, widow of Mr. Satish (who was an employee of M/s. XYZ Ltd.), received ` 7
lakhs on 1.5.2016, being amount standing to the credit of Mr. Satish in his NPS Account,
in respect of which deduction has been allowed under section 80CCD to Mr. Satish in the
earlier previous years. Such amount received by her as a nominee on closure of the
account is deemed to be her income for A.Y.2017-18.
Answer
(i) True : The deduction under section 80E available to an individual in respect of interest
on loan taken for his higher education or for the higher education of his relative. For this
purpose, relative means, inter alia, spouse and children of the individual. Therefore, Mr.
Amit will get the deduction under section 80E. It is immaterial that his son is already
employed in a firm. This would not affect Mr. Amit’s eligibility for deduction under section
80E.

(ii) True : Under section 80C(2) subscription to such bonds issued by NABARD (as the
Central Government may notify in the Official Gazette) would qualify for deduction under
section 80C.
(iii) False : There is no stipulation under section 80C that the investment, subscription, etc.
should be made from out of income chargeable to tax.
(iv) False : Deduction under section 80E is in respect of interest paid on education loan.
Hence, the deduction will be limited to ` 14,000.
(v) False : A proviso has been inserted in section 80CCD(3) to provide that the amount
received by the nominee, on closure of NPS account on the death of the assessee, shall
not be deemed to be the income of the nominee.
Question 6
Discuss the allowability of the following:
(i) Rajan has to pay to a hospital for treatment ` 62,000 and spent nothing for life insurance
or for maintenance of handicapped dependent.
(ii) Raja, a resident Indian, has spent nothing for treatment in the previous year and
deposited ` 25,000 with LIC for maintenance of handicapped dependant.
(iii) Rajan has incurred ` 20,000 for treatment and ` 25,000 was deposited with LIC for
maintenance of handicapped dependant.
(iv) Payment of ` 50,000 by cheque to an electoral trust by an Indian company.
Answer
(i) The deduction of ` 75,000 under section 80DD is allowed in full, irrespective of the
amount of expenditure incurred or paid by the assessee. If the expenditure is incurred in
respect of a dependant with severe disability, the deduction allowable is
` 1,25,000.
(ii) The assessee Rajan has deposited ` 25,000 for maintenance of handicapped
dependent. The assessee is, however, eligible to claim ` 75,000 since the deduction of
` 75,000 is allowed in full, irrespective of the amount deposited with LIC. In the case of
dependant with severe disability, the deduction allowable is ` 1,25,000.
(iii) Section 80DD allows a deduction of ` 75,000 irrespective of the actual amount spent on
maintenance of handicapped dependent and/or actual amount deposited with LIC.
Therefore, the deduction will be ` 75,000 even though the total amount
incurred/deposited is ` 45,000. If the dependant is a person with severe disability the
quantum of deduction is ` 1,25,000.
(iv) Amount paid by an Indian Company to an electoral trust is eligible for deduction under
section 80GGB from gross total income, since such payment is made otherwise than by
way of cash.

7.13 Income-tax
Question 7
For the Assessment year 2017-18, the Gross Total Income of Mr. Chaturvedi, a resident in
India, was ` 8,18,240 which includes long-term capital gain of ` 2,45,000 and Short-term
capital gain of ` 58,000. The Gross Total Income also includes interest income of ` 12,000
from savings bank deposits with banks. Mr. Chaturvedi has invested in PPF ` 1,40,000 and
also paid a medical insurance premium ` 31,000. Mr. Chaturvedi also contributed ` 50,000 to
Public Charitable Trust eligible for deduction under section 80G by way of an account payee
cheque. Compute the total income and tax thereon of Mr. Chaturvedi, who is 70 years old as
on 31.3.2017.
Answer
Computation of total income and tax payable by Mr. Chaturvedi for the A.Y. 2017-18
Particulars ` `
Gross total income including long term capital gain 8,18,240
Less : Long term capital gain 2,45,000
5,73,240
Less : Deductions under Chapter VI-A:
Under section 80C in respect of PPF deposit 1,40,000
Under section 80D (it is assumed that premium of 30,000
` 31,000 is paid by otherwise than by cash. The
deduction would be restricted to ` 30,000, since Mr.
Chaturvedi is a senior citizen)
Under section 80G (See Notes 1 & 2 below) 19,662
Under section 80TTA (See Note 3 below) 10,000 1,99,662
Total income (excluding long term capital gains) 3,73,578
Total income (including long term capital gains) 6,18,578

Total income (rounded off) 6,18,580
Tax on total income (including long-term capital
gains of ` 2,45,000)
LTCG ` 2,45,000 x 20% 49,000
Balance total income ` 3,73,580 _7,358
56,358
Add: Education cess @2% and Secondary and
higher education cess @1% 1,691

Notes :
1. Computation of deduction under section 80G:
Particulars `
Gross total income (excluding long term capital gains) 5,73,240
Less : Deduction under section 80C, 80D & 80TTA 1,80,000
3,93,240
10% of the above 39,324
Contribution made 50,000
Lower of the two eligible for deduction under section 80G 39,324
Deduction under section 80G – 50% of ` 39,324 19,662
2. Deduction under section 80G is allowed only if amount is paid by any mode other than cash,
in case of amount exceeding ` 10,000. Therefore the contribution made to public charitable
trust is eligible for deduction since it is made by way of an account payee cheque.
3. Deduction of upto ` 10,000 under section 80TTA is allowed, inter alia, to an individual
assessee if gross total income includes interest income from deposits in a saving account
with bank.
Question 8
Mr. Rajmohan whose gross total income was ` 6,40,000 for the financial year 2016-17
furnishes you the following information:
(i) Stamp duty paid on acquisition of residential house (self-occupied) ` 50,000.
(ii) Five year time deposit in an account under Post Office Time Deposit Rules, 1981
` 20,000.
(iii) Donation to a recognized charitable trust ` 25,000 which is eligible for deduction under
section 80G at the applicable rate.
(iv) Interest on loan taken for higher education of spouse paid during the year
` 10,000.
Compute the total income of Mr. Rajmohan for the Assessment year 2017-18.
Answer
Computation of total income of Mr. Rajmohan for the A.Y.2017-18
Particulars ` `
Under section 80C
Stamp duty paid on acquisition of residential house 50,000

7.15 Income-tax
Five year time deposit with Post Office 20,000

70,000
Under section 80E
Interest on loan taken for higher education of spouse, 10,000
being a relative.
Under section 80G (See Note below)
Donation to recognized charitable trust
(50% of ` 25,000) 12,500 92,500
Note: In case of deduction under section 80G in respect of donation to a charitable trust, the
net qualifying amount has to be restricted to 10% of adjusted total income, i.e., gross total
income less deductions under Chapter VI-A except 80G. The adjusted total income is,
therefore, ` 5,60,000 (i.e. 6,40,000 – ` 80,000), 10% of which is ` 56,000, which is higher
than the actual donation of ` 25,000. Therefore, the deduction under section 80G would be
` 12,500, being 50% of the actual donation of ` 25,000.
Question 9
(a) For grant of deduction under section 80-IB, filing of audit report in prescribed form is
must for a corporate assessee; filing of return within the due date laid down in section
139(1) is not required.
(b) Filing of belated return under section 139(4) of the Income-tax Act, 1961 will debar an
assessee from claiming deduction under section 80-IE.
Answer
(a) False : Section 80AC stipulates compulsory filing of return of income on or before the
due date specified under section 139(1), as a pre-condition for availing the benefit of
deduction, inter alia, under section 80-IB.
(b) True : As per section 80AC, the assessee has to furnish his return of income on or
before the due date specified under section 139(1), to be eligible to claim deduction
under, inter alia, section 80-IE.
Question 10
Can a Primary Co-operative Agricultural and Rural Development Bank claim deduction under
section 80P in respect of income derived from the business of banking?
Answer
Sub-section (4) to section 80P provides that the provisions of section 80P shall not apply to
any co-operative bank, other than, inter alia, a primary co-operative agricultural and rural

development bank (PCARB). Thus, a PCARB is entitled to claim deduction under section 80P
in respect of income derived from the business of banking.
Question 11
Deduction under section 80CCD is available only to individuals employed by the Central
Government. Discuss the correctness of this statement.
Answer
The deduction under section 80CCD is available to the individuals employed by the Central
Government or any other employer. The deduction is also available to self-employed
individuals. Therefore, the statement is incorrect.
Question 12
Mr. Abhik, an individual, made payment of health insurance premium to GIC in an approved
scheme. Premium paid on his health is ` 20,000 and his spouse’s health is ` 15,000 during
the year 2016-17. He also paid health insurance premium of ` 35,000 on his father’s health
who is a senior citizen and not dependent on him. The payments have not been made by
cash. Compute the amount of deduction under section 80D available to Mr. Abhik from his
gross total income for the assessment year 2017-18.
Answer
Mr. Abhik will be eligible to claim deduction under section 80D on payment of health insurance
premium to GIC in a medical insurance scheme approved by the Central Government. The
premium is paid otherwise than by way of cash and hence qualifies for deduction under
section 80D. Therefore, the amount of deduction under section 80D would be –
Particulars `
On health insurance premium paid on the health of himself and his spouse 25,000
(` 20,000 + ` 15,000 = ` 35,000, but restricted to ` 25,000)
On health insurance premium paid on the health of his father, ` 35,000 but
restricted to ` 30,000 in the case of a parent, who is a senior citizen (whether
dependent or not) 30,000
Total deduction under section 80D 55,000
Question 13
Compute the eligible deduction under Chapter VI-A for the Assessment year 2017-18 of Ms.
Roma, who has a gross total income of ` 15,00,000 for the assessment year 2017-18 and
provides the following information about her investments/payments during the year 2016-17:
Sl. Amount
No. Particulars (` )
1. Life Insurance premium paid (Policy taken on 01-01-2012 and sum 35,000
assured is ` 1,50,000)

7.17 Income-tax
2. Public Provident Fund contribution 1,50,000

3. Repayment of housing loan to Bhartiya Mahila Bank, Bangalore 20,000
4. Payment to L.I.C. Pension Fund 1,40,000
5. Mediclaim Policy taken for self, wife and dependent children, premium
paid 30,000
6. Medical Insurance premium paid by cheque for parents (Senior 32,000
Citizen)
Answer
Computation of eligible deduction under Chapter VI-A of Ms. Roma for Assessment
Year 2017-18
Particulars ` `
Deduction under section 80C
- Life insurance premium paid ` 35,000
(deduction restricted to 20% of the sum assured since the
policy was taken before 1.4.2012)
` 1,50,000 x 20% 30,000
- Public Provident Fund 1,50,000
- Repayment of housing loan to Bhartiya Mahila Bank,
Bangalore __20,000
_2,00,000
Restricted to a maximum of ` 1,50,000 1,50,000
Deduction under section 80CCC for payment towards LIC
pension fund 1,40,000
2,90,000
As per section 80CCE, aggregate deduction under, inter alia,
section 80C and 80CCC, is restricted to 1,50,000
Deduction under section 80D
- Payment of medical insurance premium of ` 30,000
towards medical policy taken for self, wife and dependent
children restricted to 25,000
- Medical insurance premium paid ` 32,000 for parents,
being senior citizen, restricted to 30,000 __5,000
Eligible deduction under Chapter VI-A 2,05,000

Exercise
1. Mr. Srivastav, aged 72 years, paid medical insurance premium of ` 32,000 by cheque and
` 4,000 by cash during May, 2016 under a Medical Insurance Scheme of the General Insurance
Corporation. The above sum was paid for insurance of his own health. He would be entitled to a
deduction under section 80D of a sum of -
(a). ` 25,000
(b). ` 30,000
(c). ` 20,000
2. Mr. Ramesh pays a rent of ` 5,000 per month. His total income is ` 2,80,000 (i.e. Gross Total
Income as reduced by deductions under Chapter VI-A except section 80GG). He is also in
receipt of HRA. He would be eligible for a deduction under section 80GG of an amount of -
(a). ` 60,000
(b). ` 32,000
(c). ` 70,000
(d). Nil
3. The deduction allowable under section 80LA in respect of eligible income of Offshore Banking
Units and International Financial Services Centre is -
(a). 50% of such income for 5 consecutive assessment years
(b). 100% of such income for 10 consecutive assessment years
(c). 100% of such income for 5 consecutive assessment years and 50% of such income for 5
consecutive assessment years thereafter
4. The deduction under section 80QQB in respect of royalty income of authors of certain books is
subject to a maximum limit of -
(a). ` 1,00,000
(b). ` 3,00,000
(c). ` 5,00,000
5. Under section 80GGB, deduction is allowable in respect of contribution to political parties by -
(a). any person other than local authority and every artificial juridical person wholly or partly
funded by the Government
(b). Local authority and every artificial juridical person wholly or partly funded by the
Government
(c). An Indian company
6. ` 1.5 lakh is the maximum qualifying limit for deduction under -
(a). Section 80CCC alone.

7.19 Income-tax
(b). Sections 80C and 80CCC

(c) Sections 80C, 80CCC and 80CCD(1)
(i) Deduction in respect of royalty income on patents
(ii) Deduction in respect of royalty income of authors of certain books.
(iii) Deduction in respect of royalty income on patents.
(iv) Deduction from Gross Total Income under section 80GG.
8. What is the deduction available from the gross total income of a company in respect of any
contribution given to a political party?
9. Who are the assessees eligible to claim deduction under section 80LA? What is the quantum of
deduction available under this section? What are the conditions to be fulfilled for claiming such
deduction?
10. Write briefly about the provisions regarding deductions from gross total income in respect of medical
treatment of dependent disabled under section 80DD of the Income-tax Act, 1961 and in respect of
medical treatment of assessee himself/dependent under section 80DDB of the Income-tax Act, 1961.
Answers
1. b; 2. d; 3. c; 4. b; 5. c; 6. c

8 Computation of Total Income and
Tax Payable
Steps in computation of total income & tax liability

Income-tax is a tax levied on the total income of the previous year of every person. The
levy of income-tax is, therefore, on the total income of the assessee. The total income
has to be computed as per the provisions of the Income-tax Act, 1961 in the following
manner -
(1) Ascertain • In case of an individual, the number of days of his stay in
residential India during the relevant previous year and/or the earlier
status previous years would determine his residential status.
• An individual/HUF can be either a -
 Resident and ordinarily resident
 Resident but not ordinarily resident
 Non-resident
• Persons, other than an individual and HUF, can be either
resident or non-resident.
An Indian company is resident in India.
The determining factor for every other assessee is the place
where the control and management of its affairs are situated
during that year i.e., whether in India or outside India.
• The residential status of a person determines the scope of his
taxable income.
For example, income which accrues outside India and is
received outside India is taxable in the hands of a resident
and ordinarily resident but is not taxable in the case of a non-
resident.
(2) Exclude • Exclude income which do not form part of total income, like,
income agricultural income, dividend income from domestic companies,
which do etc.
not form These income are wholly exempt from tax
part of Certain income are excluded from total income subject to limits,
total like house rent allowance, leave encashment etc.
income

8.2 Income-tax
In such cases, the exempt portion has to be excluded and the

remaining amount has to be included under the respective head
of income.
• Section 10 of the Income-tax Act, 1961 provides for the
exclusions from total income.
(3) Identify & • There are five heads of income, namely, -
Group  Salaries,
income
 Income from house property,
under the
respective  Profits and gains of business or profession
head  Capital Gains
 Income from other sources
• The income of a person should be identified and grouped
under the respective head of income.
• Each head of income has a charging section (for example,
section 15 for salaries, section 22 for income from house
property).
• Deeming provisions are also contained under certain heads, by
which specific items are sought to be taxed under those heads.
For example, if bad debts allowed as deduction in an earlier year
is recovered in a subsequent year, then the amount recovered
would be deemed as business income of the person in the year
of recovery.
• The charging section and the deeming provisions would help
you to determine the scope of income chargeable under a
particular head.
(4) Compute • Assess the income under each head by -
the  applying the charging and deeming provisions,
income
under  excluding the specific exemptions provided for in section
each head 10 relating to that head, subject to the limits specified
therein,
 allowing the permissible deductions under that head, and
 disallowing the non-permissible deductions.
• For example, while computing net consideration for capital
gains, brokerage is a permissible deduction from gross sale
consideration but securities transaction tax paid is not
permissible.

Computation of Total Income and Tax Payable 8.3
(5) Apply • An individual in a higher tax bracket may have a tendency to

clubbing divert his income to another person who is not subject to tax
provisions or who is in a lower tax bracket.
For example, an individual may make a fixed deposit in the
name of his minor son, so that income from such deposit
would accrue to his son, who does not have any other income.
• In order to prevent evasion of income-tax by such means,
there are specific provisions under the Income-tax Act, 1961
to include the income of one person in the hands of another
person, in certain cases.
• For example, income of a minor child (say, interest income)
is includible in the hands of the parent whose total income is
higher before including minor’s income. Such interest
income will be included in the hands of the parent under the
head “Income from other sources” after providing for
deduction of up to ` 1,500 under section 10(32).
• However, if a minor child earns income on account of his or
her special skills or talent, like music or dance, then such
income is not includible in the hands of the parent.
(6) Give effect • Inter-source set-off of losses

to the  A person may have income from one source and loss from
provisions another source under the same head of income. For
for set-off instance, a person may have profit from wholesale trade of
and carry merchandise and loss from the business of plying vehicles.
forward The loss of one business can be set-off against the profits
and set-off of another business to arrive at the net income under the
of losses head “Profits and gains of business or profession”.
 Set-off of loss from one source against income from
another source within the same head of income is
permissible, subject to certain exceptions, like long-term
capital loss cannot be set-off against short-term capital gains
though short-term capital loss can be set-off against long-
term capital gains.
• Inter-head set-off of losses
 Likewise, set-off of loss from one head (say, loss from
house property) against income from another head (say,
Salaries) is also permissible, subject to certain exceptions,
like business loss cannot be set-off against salary income.

8.4 Income-tax
• Carry forward and set-off of losses

 Unabsorbed losses of the current year can be carried forward to
the next year for set-off only against the respective head of
income.
 Here again, if there are any restrictions relating to inter-
source set-off, the same will apply, like long-term capital
loss which is carried forward can be set-off only against
long-term capital gains and not short-term capital gains of a
later year.
 The maximum number of years up to which any
particular loss can be carried forward is also provided
under the Act.
• For example, business loss can be carried forward for a
maximum of 8 assessment years to be set-off against business
income.
(7) Determine • The income computed under each head, after giving effect to
the gross the clubbing provisions and provisions for set-off and carry
total income forward and set-off of losses, have to be aggregated to arrive
(GTI) at the gross total income.
• The process of computing GTI is depicted hereunder -
Add income → Apply → Apply the provisions
computed under clubbing for set-off and carry
each head provisions forward of losses
(8) Allow Certain deductions are allowable from gross total income to
deductions arrive at the total income. These deductions contained in
permissible Chapter VI-A can be classified as –
from gross • Deduction in respect of certain payments, for example,
total income
Section Nature of Payment/Deposit
80C Payment of life insurance premium, tuition
fees of children, deposit in public provident
fund, repayment of housing loan etc.
80D Medical insurance premium paid by an
individual/HUF for the specified persons/
contribution to CGHS etc.
80E Payment of interest on educational loan taken
for self or relative

• Deduction in respect of certain income, for example,

Section Nature of Income
80QQB Royalty income of authors of certain books
other than text books
80RRB Royalty on patents.
80TTA Interest on savings account with a bank, co-
op-society and post office.
• Other Deductions – Deduction under section 80U in case
of a person with disability
There are limits in respect of deduction under certain sections. The
payment/income are allowable as deduction subject to such limits. For
example, the maximum deduction under section 80RRB is ` 3 lakhs.
(9) Find out the • The gross total income as reduced by the above deductions
total income under Chapter VI-A is the total income.
Total income = GTI – Deductions under Chapter VI-A
• Tax is calculated on the total income of the assessee.
(10) Calculate • The rates of tax are specified in the Finance Act.
the tax  For individuals and HUF, there is a basic exemption limit
liability and slab rate of tax.
(apply the  Companies and firms are subject to a flat rate of tax,
rates of tax without any basic exemption limit.
on the total
income)  The rates of tax have to be applied on the total income to
compute the tax liability.
• Rates of tax in respect of certain income are provided under the
Income-tax Act, 1961 itself.
For instance, casual income, like lottery income, is chargeable to
tax at a flat rate of 30% as per section 115BB and long-term
capital gains is chargeable to tax at a flat rate of 20% as per
section 112. These are also to be considered while calculating
the tax liability.
• Rebate of upto ` 5,000 from income-tax is available under
section 87A, for resident individuals having total income upto
` 5 lakh.
• Surcharge@15% is attracted, if total income exceeds ` 1 crore

8.6 Income-tax
• Education cess (EC) @2% of tax liability and Secondary and

higher education cess (SHEC)@1% have to be added to arrive
at the total tax liability.
Total = Tax on + Surcharge, + EC + SHEC
Tax total if total @2% @1%
Liability income at income >`
applicable 1 crore
rates
- Rebate u/s
87A, if
total
income ≤
` 5 lakh
(11) Reduce tax • Tax is deductible at source at the time of payment of salary,
deducted at rent, interest, fees for professional services, royalty etc.
source • The payer has to deduct tax at source at the rates specified in
(TDS) and the respective section, say, tax is deductible@10% in respect
advance tax of royalty and fees for professional services.
to arrive at
the net tax • Such tax deducted at source has to be reduced by the payee
liability to determine his net tax liability.
• The Income-tax Act, 1961 also requires payment of advance tax in
instalments during the previous year itself on the basis of estimated
income, if the tax payable, after reducing TDS, is ` 10,000 or
more.
• Both Corporate and non-corporate assessees are required to
pay advance tax in four instalments, on or before 15th June,
15th September, 15th December and 15th March of the
financial year.
• The advance tax so paid should also be deducted to arrive at
the net tax liability.
Net Tax = Total tax liability - TDS - Advance
Liability tax paid
(12) Return of • Return of income is the form in which an assessee has to fill
Income the particulars relating to his total income and tax liability.
• The net tax liability arrived at after deducting TDS and
advance tax, has to be paid on or before the due date of
filing of return of income by way of self-assessment tax.

• An individual/HUF is required to file a return of income, if

his/its total income, before giving effect to the provisions of
section 10(38) or Chapter VIA deductions, exceed the basic
exemption limit.
• A firm or company has to file its return of income,
irrespective of whether it earns a profit or incurs loss.
Question 1
Ms. Vaishali, employed in a private sector company, furnishes following information for the
year ended 31.03.2017.
Particulars `
Income from salary (computed) 3,45,000
Bank interest (Fixed Deposit) 15,000
Tax on non-monetary perquisite paid by employer 20,000
Amount contributed by her during the year are given below:
Contribution to recognized provident fund 60,000
Health insurance premium-on self (paid by crossed cheque) 7,000
Medical expenditure for dependent sister with disability 20,000
Compute the total income of Ms. Vaishali for the assessment year 2017-18.
Answer
Computation of total income of Ms. Vaishali for the A.Y. 2017-18
Particulars ` `
Income from salary (computed) 3,45,000
Bank Interest (Fixed Deposit) 15,000
Section 80C
Contribution to recognized provident fund 60,000
Section 80D
Medical insurance premium (Note -2) 7,000
Section 80DD
Medical expenditure for dependent sister with disability (flat
deduction irrespective of expenditure incurred) 75,000 1,42,000

8.8 Income-tax
Note:
1. Tax on non-monetary perquisite paid by employer is exempt in the hands of employee
under section 10(10CC).
2. Medical insurance premium paid by cheque for self is allowed as deduction under section 80D.
Question 2
Dr. Gurumoorthy, a resident individual at Madurai, aged 50 years is running a clinic. His
Income and Expenditure Account for the year ending March 31 st 2017 is as under :
Expenditure ` Income `
To Medicine consumed 38,40,000 By Consultation and 51,00,000
To Staff salary 4,25,000 Medicalcharges
To Clinic consumables 1,55,000 By Income-tax refund 16,500
To Rent paid 1,20,000 (principal ` 15,000,
To Administrative expenses 3,00,000 interest` 1,500)
To Donation to IIT Delhi for 1,00,000 By Dividend from Indian 27,000
Research approved under companies
section 35(2AA) By Winning from lottery
To Net Profit 2,92,500 Net of TDS 35,000
By Rent 54,000
52,32,500 52,32,500
(i) Rent paid includes ` 36,000 paid by cheque towards rent for his residence.
(ii) Clinic equipments are:
01.04.2016 Opening WDV ` 4,50,000
07.02.2017 Acquired (cost) ` 1,00,000
(iii) Rent received relates to property let out at Madurai. Gross Annual Value ` 54,000. The
municipal tax of ` 9,000, paid in January 2017 has been included in “administrative
expenses”.
(iv) Dr. Gurumoorthy availed a loan of ` 5,50,000 from a bank for higher education of his
daughter. He repaid principal of ` 50,000, and interest thereon ` 65,000 during the year
2016-17.
(v) He paid ` 60,000 as tuition fee to the university for full time education of his son.
From the above, compute the total income of Dr. Gurumoorthy for the A.Y.2017-18.

Answer
Computation of total income of Dr. Gurumoorthy for the A.Y. 2017-18
Particulars ` ` `
I Income from house property
Less: Municipal taxes paid _9,000
Less: Deduction under section 24 @30% 13,500 31,500
II Income from profession

Net profit as per Income and Expenditure account 2,92,500
Less: Items of income to be treated separately
(i) Income tax refund (including interest) 16,500
(ii) Dividend from Indian companies 27,000
(iii) Winning from lottery (net of TDS) 35,000
(iv) Rent received 54,000 1,32,500
1,60,000
Add: Expenditure debited but not allowable
(i) Rent for his residence 36,000
(ii) Municipal tax paid relating to residential
house at Madurai included in administrative 9,000 45,000
expenses 2,05,000
Less: Expenditure allowable but not debited
Depreciation on Clinic equipments u/s 32
- on ` 4,50,000 @ 15% 67,500
- on ` 1,00,000 @7.5% (i.e.50% of 15%) 7,500
75,000
Additional deduction of 100% in respect of
amount paid to IIT [since weighted deduction of
200% is available in respect of such payment
under section 35(2AA)] 1,00,000 1,75,000 30,000
III Income from other sources
Interest on Income-tax refund 1,500
Dividend from Indian companies 27,000
Less: Exempt under section 10(34) 27,000 Nil
Winnings from lottery (See Note 1) 50,000 51,500

8.10 Income-tax

Less: Deductions under Chapter VI A:
- Under section 80C
Tuition fee paid to university for full time education of his son 60,000
- Under section 80E
Interest on loan taken for higher education of daughter 65,000
1,25,000
but restricted to (See Note 2) 63,000
Total income 50,000
Notes:
1. Winnings from lottery should be grossed up for the chargeability under the head “Income
from other sources”. The applicable rate of TDS is 30%. Gross income from lottery,
would, therefore, be ` 35,000/70% = ` 50,000
2. Deduction under Chapter VI-A cannot exceed Gross Total Income. Further, no deduction
is allowable from income by way of winning from lottery. Therefore, the maximum
deduction allowable would be` 63,000.
`
Less: Winnings from lottery 50,000
Maximum deduction under Chapter VI-A 63,000
The total income of ` 50,000 would, therefore, represent winnings from lottery taxable at
a flat rate of 30%, without any basic exemption limit.
3. Dr. Gurumoorthy is staying in a rented premises in Madurai itself. Hence, he would not
be eligible for deduction under section 80GG, since he owns a house in Madurai which
he has let out.
Question 3
Ms. Purvi, aged 55 years, is a Chartered Accountant in practice. She maintains her accounts on cash
basis. Her Income and Expenditure account for the year ended March 31, 2017reads as follows:
Expenditure (` ) Income (` ) (` )
Salary to staff 15,50,000 Fees earned:
Stipend to articled Audit 27,88,000
assistants 1,37,000 Taxation services 15,40,300
Incentive to articled Consultancy 12,70,000 55,98,300

assistants 13,000 Dividend on shares of

Office rent 12,24,000 Indian 10,524
companies(Gross)
Printing and stationery 12,22,000 Income from UTI 7,600
Meeting, seminar and Honorarium received
Conference 31,600 from various
institutions for
Purchase of car 80,000
valuation of answer 15,800
Repair, maintenance papers
and petrol of car 4,000 Rent received from 85,600
residential flat let out
Travelling expenses 5,25,000
Municipal tax paid in
respect of house 3,000
property
Net Profit 9,28,224
57,17,824 57,17,824
Other Information:
(i) Allowable rate of depreciation on motor car is 15%.
(ii) Value of benefits received from clients during the course of profession is ` 10,500.
(iii) Incentives to articled assistants represent amount paid to two articled assistants for
passing IPCC Examination at first attempt.
(iv) Repairs and maintenance of car include ` 2,000 for the period from 1-10-2016 to
30-09-2017.
(v) Salary include `30,000 to a computer specialist in cash for assisting Ms. Purvi in one
professional assignment.
(vi) The travelling expenses include expenditure incurred on foreign tour of ` 32,000 which
was within the RBI norms.
(vii) Medical Insurance Premium on the health of dependent brother and major son dependent
on her amounts to `5,000 and ` 10,000, respectively, paid in cash.
(viii) She invested an amount of ` 10,000 in National Saving Certificate.
Compute the total income and tax payable of Ms. Purvi for the assessment year 2017-18.

8.12 Income-tax
Answer
Computation of total income and tax liability of Ms. Purvi for the A.Y. 2017-18
Particulars ` `
Income from house property (See Working Note 1) 57,820
Profit and gains of business or profession (See Working Note 2) 9,20,200
Income from other sources (See Working Note 3) 15,800
Less: Deductions under Chapter VI-A (See Working Note 4) 10,000
Tax on total income
Upto ` 2,50,000 Nil
` 2,50,001 – ` 5,00,000 @10% 25,000
` 5,00,001 - ` 9,83,820 @20% 96,764 1,21,764
Secondary and higher education cess @ 1% ___1,218
Working Notes:
(1) Income from House Property
Particulars ` `
Gross Annual Value under section 23(1) 85,600
Less: Deduction under section 24 @ 30% of NAV 24,780 57,820
Note - Rent received has been taken as the Gross Annual Value in the absence of
other information relating to Municipal Value, Fair Rent and Standard Rent.
(2) Income under the head “Profits & Gains of Business or Profession”
Particulars ` `
Add: Expenses debited but not allowable
(i) Salary paid to computer specialist in cash disallowed under
section 40A(3), since such cash payment exceeds ` 20,000 30,000

(ii) Amount paid for purchase of car is not allowable under

section 37(1) since it is a capital expenditure 80,000
(ii) Municipal Taxes paid in respect of residential flat let out 3,000 1,13,000
10,41,224
Add: Value of benefit received from clients during the course of
profession [taxable as business income under section 28(iv)] 10,500
10,51,724
Less: Income credited but not taxable under this head:
(i) Dividend on shares of Indian companies 10,524
(ii) Income from UTI 7,600
(iii) Honorarium for valuation of answer papers 15,800
(iv) Rent received from letting out of residential flat 85,600 1,19,524
9,32,200
Less: Depreciation on motor car @15% (See Note (i) below) 12,000
9,20,200
Notes :
(i) It has been assumed that the motor car was put to use for more than 180 days
during the previous year and hence, full depreciation @ 15% has been provided
for under section 32(1)(ii).
Note: Alternatively, the question can be solved by assuming that motor car has
been put to use for less than 180 days and accordingly, only 50% of depreciation
would be allowable as per the second proviso below section 32(1)(ii).
(ii) Incentive to articled assistants for passing IPCC examination in their first attempt
is deductible under section 37(1).
(iii) Repairs and maintenance paid in advance for the period 1.4.2017 to 30.9.2017 i.e.
for 6 months amounting to `1,000 is allowable since Ms. Purvi is following the
cash system of accounting.
(iv) ` 32,000 expended on foreign tour is allowable as deduction assuming that it was
incurred in connection with her professional work. Since it has already been
debited to income and expenditure account, no further adjustment is required.
(3) Income from other sources
Particulars ` `
Dividend on shares of Indian companies 10,524

8.14 Income-tax

Income from UTI 7,600
Less: Exempt under section 10(35) _7,600 Nil
Honorarium for valuation of answer papers 15,800
15,800
(4) Deduction under Chapter VI-A :
Particulars `
Deduction under section 80C (Investment in NSC) 10,000
Deduction under section 80D (See Notes (i) & (ii) below) Nil
Total deduction under Chapter VI-A 10,000
Notes:
(i) Premium paid to insure the health of brother is not eligible for deduction under
section 80D, even though he is a dependent, since brother is not included in the
definition of “family” under section 80D.
(ii) Premium paid to insure the health of major son is not eligible for deduction, even
though he is a dependent, since payment is made in cash.
Question 4
Calculate the income-tax liability for the assessment year 2017-18 in the following cases:
Mr. A Mrs. B Mr. C Mr. D
(age 45) (age 62) (age 81) (age 82)
Status Resident Non- Resident Non-
resident resident
Total income other than long-term 2,40,000
capital gain 2,80,000 5,90,000 4,80,000
Long-term capital gain 15,000 10,000 60,000 Nil
from sale from sale of from sale of
of vacant listed agricultural
site shares (STT land in rural
paid) area

Answer
Computation of income-tax liability for the A.Y.2017-18
Particulars Mr. A Mrs. B Mr. C Mr. D
(age 45) (age 62) (age 81) (age 82)
Residential Status Resident Non-resident Resident Non-resident
Applicable basic ` 2,50,000 ` 2,50,000 ` 5,00,000 ` 2,50,000
exemption limit
Asset sold Vacant site Listed shares Rural -
(STT paid) agricultural
land
Long-term capital gain ` 15,000 ` 10,000 ` 60,000 -
(on sale of above asset) [Taxable@20% [exempt u/s (Exempt –
u/s 112] 10(38)] not a capital
asset)
Other income ` 2,40,000 ` 2,80,000 ` 5,90,000 ` 4,80,000
Tax liability
On LTCG (after ` 1,000 - - -
adjusting Basic
Exemption limit)
On Other income ` Nil ` 3,000 ` 18,000 ` 23,000
` 1,000 ` 3,000 ` 18,000 ` 23,000
Less: Rebate u/s 87A ` 1,000
` Nil
Add: Education cess
@2% & SHEC @1% Nil 90 540 690
Total tax liability ` Nil ` 3,090 ` 18,540 ` 23,690
Notes:
1. Since Mrs. B and Mr. D are non-residents, they cannot avail the higher basic exemption
limit of ` 3,00,000 and ` 5,00,000 for persons over the age of 60 years and 80 years,
respectively.
2. Since Mr. A is a resident whose total income does not exceed ` 5 lakhs, he is eligible for
rebate of ` 5,000 or the actual tax payable, whichever is lower, under section 87A
Question 5
Mr. Y carries on his own business. An analysis of his trading and profit & loss for the year
ended 31-3-2017 revealed the following information :

8.16 Income-tax
(1) The net profit was ` 11,20,000.

(2) The following incomes were credited in the profit and loss account:
(a) Dividend from UTI ` 22,000.
(b) Interest on debentures ` 17,500.
(c) Winnings from races ` 15,000.
(3) It was found that some stocks were omitted to be included in both the opening and
closing stocks, the value of which were:
Opening stock ` 8,000.
Closing stock ` 12,000.
(4) ` 1,00,000 was debited in the profit and loss account, being contribution to a University
approved and notified under section 35(1)(ii).
(5) Salary includes ` 20,000 paid to his brother which is unreasonable to the extent of
` 2,500.
(6) Advertisement expenses include 15 gift packets of dry fruits costing ` 1,000 per packet
presented to important customers.
(7) Total expenses on car was ` 78,000. The car was used both for business and personal
purposes. ¾th is for business purposes.
(8) Miscellaneous expenses included ` 30,000 paid to A &Co., a goods transport operator in
cash on 31-1-2017for distribution of the company’s product to the warehouses.
(9) Depreciation debited in the books was ` 55,000. Depreciation allowed as per Income-tax
Rules, 1962 was ` 50,000.
(10) Drawings ` 10,000.
(11) Investment in NSC ` 15,000.
Compute the total income of Mr. Y for the assessment year 2017-18.
Answer
Computation of total income of Mr.Y for the A.Y. 2017-18
Particulars `
Profits and gains of business or profession (See Working Note 1 below) 10,46,500
Income from other sources (See Working Note 2 below) 32,500
Less: Deduction under section 80C (Investment in NSC) 15,000

Working Notes :
1. Computation of profits and gains of business or profession
Particulars ` `
Add: Expenses debited to profit and loss account but not
allowable as deduction
Salary paid to brother disallowed to the extent considered 2,500
unreasonable [Section 40A(2)]
Motor car expenses attributable to personal use not 19,500
allowable (` 78,000 × ¼)
Depreciation debited in the books of account 55,000
Drawings (not allowable since it is personal in nature) 10,000
[See Note (iii)]
Investment in NSC [See Note (iii)] 15,000 1,02,000
12,22,000
Add: Under statement of closing stock 12,000
12,34,000
Less: Under statement of opening stock 8,000
12,26,000
Less: Contribution to a University approved and notified under
section 35(1)(ii) is eligible for weighted deduction@175%.
Since only the actual contribution (100%) has been
debited to profit and loss account, the additional 75% has
to be deducted. 75,000
11,51,000
Less: Incomes credited to profit and loss account but not
taxable as business income
Income from UTI [Exempt under section 10(35)] 22,000
Interest on debentures (taxable under the head “Income 17,500
from other sources”)
Winnings from races (taxable under the head “Income
from other sources”) 15,000 54,500
10,96,500
Less: Depreciation allowable under the Income-tax Rules, 1962 50,000
10,46,500

8.18 Income-tax
Notes :
(i) Advertisement expenses of revenue nature, namely, gift of dry fruits to important
customers, is incurred wholly and exclusively for business purposes. Hence, the
same is allowable as deduction under section 37.
(ii) Disallowance under section 40A(3) is not attracted in respect of cash payment of
` 30,000 to A & Co., a goods transport operator, since, in case of payment made
for plying, hiring or leasing goods carriages, an increased limit of ` 35,000 is
applicable (i.e. payment of upto ` 35,000 can be made in cash without attracting
disallowance under section 40A(3))
(iii) Since drawings and investment in NSC have been given effect to in the profit and
loss account, the same have to be added back to arrive at the business income.
2. Computation of “Income from other sources”
Particulars `
Interest on debentures 17,500
Winnings from races 15,000
32,500
Note:
The following assumptions have been made in the above solution:
1. The figures of interest on debentures and winnings from races represent the gross
income (i.e., amount received plus tax deducted at source).
2. In point no. 9 of the question, it has been given that depreciation as per Income-tax
Rules, 1962 is ` 50,000. It has been assumed that, in the said figure of ` 50,000, only
the proportional depreciation (i.e., 75% for business purposes) has been included in
respect of motor car.
Question 6
Dr. Shashank is a noted child specialist of Mumbai. His Income and Expenditure account for
the financial year ended 31-03-2017 is given below:
Expenditure Amount Income Amount
(` ) (` )
To Staff salary 12,78,000 By Fee receipts 56,76,000
To Administrative expenses 11,64,000 By Winning at TV game
To Medicine consumed 23,95,800 show (Net of TDS) 35,000
To Consumables 57,500 By LIC policy matured 1,15,000
To Depreciation 1,25,000 By Honorarium for giving
To Rent of clinic 1,20,000 lectures at seminars 24,000

To Donation to National Children’s 51,000

Fund
To Excess of income over 6,58,700
expenditure
Total 58,50,000 Total 58,50,000
(1) Depreciation computed as per Income-tax Rules, 1962 has been ascertained at
` 75,000.
(2) Medicines consumed include cost of medicine for self and family of ` 18,000 and for
treating poor patients of ` 24,000 from whom he did not charge any fee either.
(3) Salary includes ` 30,000 paid in cash to a computer specialist who computerized his
patient’s data on 29th September, 2016 at 3 p.m.
(4) Donation to National Children’s Fund has been made by way of account payee cheque.
(5) He has paid a sum of ` 25,000 for a Life Insurance Policy (Sum assured
` 2,00,000) of himself, which was taken on 1-07-2012.
(6) He also contributed ` 1,20,000 towards Public Provident Fund.
(7) Dr. Shashank also paid interest of ` 10,000 on loan taken for higher education of his
daughter.
(8) Dr. Shashank made investments in equity shares listed in a recognized stock exchange
of ` 30,000 and units of equity oriented fund of Rajiv Gandhi Equity Savings Scheme of `
40,000.
(9) Dr. Shashank also made donation of ` 1,00,000 to a charitable trust registered & eligible
for deduction under Income-tax Act, 1961.
You are required to compute the total income and tax payable by Dr. Shashank for the
Answer
Computation of Total income of Dr. Shashank for the Assessment Year 2017-18
Particulars `
Profits and gains of business or profession (Working Note 1) 6,33,700
Income from other sources (Working Note 2) 74,000
Less: Deduction under Chapter VI-A (Working Note 3) 2,52,635

8.20 Income-tax
Computation of tax liability of Dr. Shashank for the Assessment Year 2017-18
Particulars `
Tax on winnings from TV game show [`50,000 @ 30%] 15,000
Tax on balance income of ` 4,05,070 (`4,55,070 – ` 50,000)
10% of ` 1,55,070 [i.e., ` 4,05,070 – ` 2,50,000 1 (basic exemption limit)] 15,507
30,507
Less: Rebate under section 87A (since total income does not exceed ` 5,00,000) 5,000
25,507
Add: Education cess@2% and secondary and higher education cess@1% 765
Less: Tax deducted at source 15,000
Net tax liability 11,272
Net tax liability (rounded off) 11,270
Working Notes:
1. Computation of income under the head “Profits and gains of business or profession”
Particulars ` `
Surplus as per Income and Expenditure Account 6,58,700
Add: Expenses disallowed
Depreciation (`1,25,000 – `75,000) 50,000
Medicine consumed for self and family (disallowed 18,000
under section 37, being expenditure of personal
nature)
Medicine consumed for treating poor patients from -
whom fees was not charged is an allowable
expense, since the same is incurred in the course of
carrying on medical profession.
Cash payment of salary disallowed under section 30,000
40A(3), since the same is in excess of ` 20,000
Donation to National Children’s Fund (not allowable
as deduction while computing income from
profession) 51,000 1,49,000
8,07,700
1
Assuming that Dr. Shashank is less than 60 years of age as on 31.3.2017

Less: Income credited to Income and Expenditure

Account but not chargeable to income-tax
or not chargeable under this head
Maturity proceeds of LIC policy [Exempt under 1,15,000
section 10(10D)] [See Note 2]
Winning from TV game show (taxable under the 35,000
head “Income from other sources”)
Honorarium for giving lectures at seminars
(taxable under the head “Income from other
sources”) 24,000 1,74,000
Chargeable income from profession 6,33,700
2. Computation of income under the head “Income from other sources”
Particulars ` `
Honorarium for giving lectures at seminars 24,000
Winning from TV Game Show (Gross) 50,000
3. Computation of deduction under Chapter VI-A
Section Particulars `
80C Life Insurance Premium [` 25,000 restricted to 10% of 20,000
`2,00,000 (i.e. sum assured) since the policy is issued
on or after 1.4.2012]
Contribution to Public Provident Fund 1,20,000
1,40,000
80CCG Listed equity shares ` 30,000
Units of equity oriented fund ` 40,000
Total investment under Rajiv Gandhi ` 70,000
Equity Savings Scheme [See Note 3]
Maximum deduction – 50% of ` 70,000 or 25,000
` 25,000, whichever is lower
80E Interest on loan taken for higher education 10,000
of daughter
80G Donation to National Children’s Fund ` 51,000
[100% deduction allowable, since it is
made by a mode other than cash]

8.22 Income-tax
Donation to a registered charitable trust

[50% of actual contribution of ` 1,00,000
or 10% of adjusted total income,
whichever is lower] [See Working Note 4
` 26,635 77,635
below]
Total deduction under Chapter VI-A 2,52,635
4. Deduction under section 80G in respect of donation to charitable trust
Particulars ` `
Adjusted Total Income
Gross Total income 7,07,700
Less: Deductions under Chapter VI-A except under
section 80G 1,75,000
5,32,700
10% of Adjusted Total Income (A) 53,270
Actual contribution to charitable trust (B) 1,00,000
Lower of A & B 53,270
Deduction under section 80G in respect of donation to
registered charitable trust [See Note 1]
50% of ` 53,270 26,635
Notes:
(1) It is assumed that the donation of ` 100,000 to the charitable trust is made by any
mode other than cash.
(2) The maturity proceeds received under a life insurance policy are wholly exempt
from tax under section 10(10D), assuming that the conditions given thereunder are
satisfied (i.e., the annual premium does not exceed the specified percentage of
actual capital sum assured)
(3) Dr. Sashank is eligible for deduction under section 80CCG since his gross total
income does not exceed `12 lakh. It is assumed that he is a new retail investor.
Question 7
Mrs. Deepali (aged 40 years), working with M/s Good Company Ltd., a manufacturer of tyres
based at Mumbai, has received the following payments during the financial year 2016-17from
her employer:
Basic salary ` 60,000 per month.
Dearness allowance 40% of basic salary.
Her employer has taken on rent her own house on a monthly rent of ` 15,000 and the same
has been provided for residence of Mrs. Deepali. Company is recovering ` 2,000 per month as

rent of house.
Mrs. Deepali has further furnished the following details:
(i) She has paid professional tax of ` 6,000 during financial year 2016-17.
(ii) She is owning only one house and payment of interest of ` 1,75,000 and principal of
` 1,00,000 was made for housing loan taken for purchase of house.
(iii) She has also taken a loan of ` 2,00,000 from her employer for study of her son. SBI rate
for such loan is 10%. Her employer has recovered ` 10,000 as interest from her salary
for such loan during the year.
Compute taxable income and tax liability for assessment year 2017-18.
Answer
Computation of taxable income of Mrs. Deepali for A.Y. 2017-18
Particulars ` `
Basic salary (` 60,000 x 12) 7,20,000
Perquisite value of Concessional Accommodation taken on hire. 1,08,000
Lower of:
(i) actual rent (` 15,000 x 12) ` 1,80,000
(ii) 15% of salary (15% of ` 7,20,000) ` 1,08,000
(assuming that dearness allowance does not form part of pay
for retirement benefits)
Less: Rent recovered (` 2,000×12) 24,000 84,000
Perquisite value of concessional loan [Rule 3(7)(i)] [` 20,000
(10% of ` 2,00,000) –` 10,000] 10,000
Less: Deduction under section 16(iii) - Professional tax paid 6,000
Net Salary 10,96,000
Gross Annual Value (GAV) (Rental income has been taken as
GAV in the absence of other information) 1,80,000
(a) 30% of ` 1,80,000 ` 54,000
(b) Interest on loan ` 1,75,000 2,29,000 (49,000)

8.24 Income-tax
Less: Deductions under Chapter – VIA

80C – Repayment of housing loan 1,00,000
Computation of tax liability for A.Y. 2017-18
Tax on ` 9,47,000 `
Upto ` 2,50,000 Nil
250,001 -5,00,000 - 10% 25,000
5,00,001 – 9,47,000 - 20% __89,400
1,14,400
Secondary and higher education cess @ 1% 1,144
Total Tax Liability 1,17,832
Total Tax Liability (Rounded off) 1,17,830
Note: Mrs. Deepali cannot claim benefit of self-occupation (i.e., taking the annual value as nil
and claiming a higher loss of ` 2,00,000) in respect of the house property owned and
occupied by her, since the same has been given on rent to her employer, who has allotted the
same as residence to Mrs. Deepali.
Question 8
Shri Madan (age 61 years) gifted a building owned by him to his son's wife Smt. Hema on
01.10.2016. The building fetched a rental income of ` 10,000 per month throughout the year.
Municipal tax for the first half-year of ` 5,000 was paid in June 2016and the municipal tax for
the second half-year was not paid till 30.09.2017.
Incomes of Shri Madan and Smt. Hema other than income from house property are given
below:
Name Business income (` ) Capital gain (` ) Other sources (` )
Shri Madan 1,00,000 50,000 (long term) 1,50,000
Smt. Hema (75,000) 2,00,000 (short term) 50,000
Note: Capital gain does not relate to gain from shares and securities.
Compute the total income of Shri. Madan and Smt. Hema taking into account income from
property given above and also compute their income-tax liability for the assessment year
2017-18.

Answer
Computation of total income and tax liability of Shri Madan for A.Y. 2017-18
Particulars ` `
Income from house property (Refer Note 1) 80,500
Business Income 1,00,000
Long-term Capital Gains 50,000
Computation of tax liability

Long-term Capital Gain of ` 50,000 @ 20% 10,000
Other income of ` 3,30,500
(` 3,30,500 – ` 3,00,000) × 10% (Refer Note 2) 3,050
13,050
8,050
Secondary and Higher Education Cess @ 1% 81 242
Tax liability 8,292
Tax liability (Rounded Off) 8,290
Computation of total income and tax liability of Smt. Hema for A.Y. 2017-18
Particulars ` `
Short-term Capital Gains 2,00,000
Less: Business loss 75,000 1,25,000
Income from Other Sources 50,000
Tax liability (Since total income is less than basic exemption
limit of ` 2,50,000) Nil
Notes:
1. As per section 64(1)(vi), the income arising to the son’s wife of an individual, directly or
indirectly, from assets transferred to her, otherwise than for adequate consideration, by
such individual, shall be included in the total income of the individual.
Therefore, the rental income from building transferred by Shri Madan to his son’s wife
Smt. Hema without consideration on 01.10.2016is includible in the hands of Shri Madan.

8.26 Income-tax
Computation of Income from House Property

Particulars Madan (`) Hema (`)
Period Period
(01.04.2016- (01.10.2016-
30.09.2016) 31.03.2017)
Gross Annual Value (` 10,000 × 6 months) 60,000 60,000
(Rental income taken as GAV in the absence of
information relating to Municipal Value, fair value and
standard rent)
Less: Municipal taxes paid (paid in June for first
half year only) 5,000 Nil
Net Annual Value (NAV) 55,000 60,000
Less: Deduction under section 24(a), 30% of NAV 16,500 18,000
Income from House Property 38,500 42,000
Income from House Property of Hema to be clubbed in
the hands of Madan as per section 64(1)(vi) 42,000
2. The basic exemption limit for A.Y. 2017-18in respect of an individual who is of the age of
60 years or more during the relevant previous year is ` 3,00,000. The same has been
considered while calculating Madan’s tax liability.
Question 9
Mr. Chandran (aged 38) owned 6 heavy goods vehicles as on 01.04.2016. He acquired 2 more
heavy goods vehicles on 1.7.2016. He is solely engaged in the business of plying goods
vehicles on hire since financial year 2010-11.
He did not opt for presumptive provision contained in section 44AE for the financial year 2015-
16. His books were audited under section 44AB and the return of income was filed on
5.8.2016. He has unabsorbed depreciation of ` 70,000 and business loss of
` 1,00,000 for the financial year 2015-16.
Following further information is provided to you:
(i) Deposited ` 20,000 in Tax Saver Deposit with UCO Bank in the name of married son.
(ii) Paid medical insurance premium of ` 33,000 for his parents (both aged above 70) by
means of bank demand draft.
(iii) Paid premium on life insurance policy of his married daughter ` 25,000. The policy was
taken on 1.04.2013and the minimum sum assured is ` 2,00,000.

(iv) Repaid principal of ` 40,000 and interest of ` 15,000 to Canara Bank towards education
loan of his daughter, who completed B.E. two years ago. She is employed after
completion of her studies.
Assuming that Mr. Chandran has opted for presumptive provision contained in section 44AE of
the Income-tax Act, 1961 for F.Y. 2016-17.Compute the total income of Mr. Chandran for the
Answer
Computation of total income of Mr. Chandran for the A.Y. 2017-18
Particulars ` `
Income from business of plying goods vehicle (Refer Note 1) 6,75,000
Less: Brought forward business loss of financial year 2015-16
(Refer Note 2 & 3) 1,00,000
Section 80C:-
Life insurance premium paid for insurance of married 20,000
daughter (Refer Note 5)
Section 80D:-
Medical insurance premium paid for insurance of 30,000
parents (Refer Note 6)
Section 80E:-
Interest paid towards education loan taken for studies
of his daughter (Refer Note 7) 15,000 65,000
Working Notes:
(1) Computation of income from business of plying goods vehicles under section 44AE
Particulars `
6 heavy goods vehicle held throughout the year (` 7,500×6×12) 5,40,000
2 heavy goods vehicle – held for 9 months (` 7,500×2×9) 1,35,000
Income under section 44AE 6,75,000
(2) As per section 44AE, any deduction allowable under the provisions of sections 30 to 38
shall be deemed to have been already allowed. Therefore, the unabsorbed depreciation
of ` 70,000 shall not be allowed as a deduction since it is covered by section 32.

8.28 Income-tax
(3) Brought forward business loss of ` 1,00,000 shall be allowed as deduction, by virtue of
section 72, as it is allowed to be carried forward for 8 assessment years following the
assessment year to which it relates, since the return for A.Y. 2016-17was filed before the
due date specified under section 139(1).
(4) Fixed deposit in the name of married son does not qualify for deduction under section 80C.
(5) Premium paid for insurance on the life of any child of the individual, whether married or
not, qualifies for deduction under section 80C. In respect of policies issued on or after
1.04.2012, only premium paid to the extent of 10% of “minimum capital sum assured”
qualifies for deduction under section 80C. Therefore, out of the life insurance premium of
` 25,000 paid for insurance policy of married daughter, only ` 20,000 (being 10% of
` 2,00,000) is allowed as deduction under section 80C.
(6) Deduction is allowed under section 80D for payment made for medical insurance of
parents. Medical insurance premium paid for insuring the health of a person who is a
senior citizen i.e. of age 60 years or more, qualifies for deduction under section 80D,
subject to a maximum of ` 30,000. Hence, deduction of ` 30,000 is provided to
Mr. Chandran, as his parents are senior citizens and the premium is paid otherwise than
by way of cash.
(7) It is only the payment of interest on education loan which qualifies for deduction under
section 80E. Deduction under section 80E is allowed in respect of interest on loan taken
for education of children of the individual even if they are not dependent. Principal
repayment of the education loan is not eligible for deduction under section 80E.
Question 10
Mr. Vidyasagar, a resident individual aged 64, is a partner in Oscar Musicals & Co., a
partnership firm. He also runs a wholesale business in medical products. The following details
are made available for the year ended 31.3.2017:
Sl. Particulars ` `
No.
(i) Interest on capital received from Oscar Musicals & Co., at 15% 1,50,000
(ii) Interest from bank on fixed deposit (Net of TDS ` 1,500) 13,500
(iii) Income-tax refund received relating to assessment year 34,500
2015-16including interest of ` 2,300
(iv) Net profit from wholesale business 5,60,000
Amounts debited include the following:
Depreciation as per books 34,000
Motor car expenses 40,000
Municipal taxes for the shop 7,000
(For two half years; payment for one half year made

on 12.6.2017and for the other on 14.11.2017)

Salary to manager by way of a single cash payment 21,000
(v) The WDV of the assets (as on 1.4.2016) used in above
wholesale business is as under:
Computers 1,20,000
Motor car (20% used for personal use) 3,20,000
(vi) LIP paid for major son 60,000
PPF of his wife 70,000
Compute the total income of the assessee for the assessment year 2017-18. The computation
should show the proper heads of income. Also compute the WDV of the different blocks of
assets as on 31.3.2017.
Answer
Computation of total income of Mr. Vidyasagar for the A.Y.2017-18
Particulars ` `
Income from wholesale business
Net profit as per books 5,60,000
Add: Depreciation as per books 34,000
Disallowance of municipal taxes paid for the second half-
yearunder section 43B, since the same was paid after the due
date of filing of return (` 7,000/2) 3,500
Disallowance under section 40A(3) in respect of salary paid in
cash since the same exceeds ` 20,000 21,000
20% of car expenses for personal use 8,000 66,500
6,26,500
Less: Depreciation allowable (Note 1) 1,10,400
5,16,100
Income from firm
Interest on capital from partnership firm (Note 2) 1,20,000
6,36,100
Interest on bank fixed deposit (Gross) 15,000
Interest on income-tax refund 2,300 17,300
Less: Deduction under Chapter VIA (Note 3) 1,30,000

8.30 Income-tax
Notes:
(1) Depreciation allowable under the Income-tax Rules, 1962
Opening WDV Rate Depre- Closing
ciation WDV
Block 1 Computers 1,20,000 60% 72,000 48,000
Block 2 Motor Car 3,20,000 15% 48,000
Less: 20% disallowance for personal 9,600 38,400 2,81,600
use
1,10,400
(2) Only to the extent the interest is allowed as deduction in the hands of the firm, the same
is includible as business income in the hands of the partner. Maximum interest allowable
as deduction in the hands of the firm is 12% p.a. It is assumed that the partnership deed
provides for the same and hence is allowable to this extent in the hands of the firm.
Therefore, interest @12% p.a. amounting to ` 1,20,000 would be treated as the business
income of Mr. Vidyasagar.
(3) Deduction under Chapter VI-A
Particulars ` `
Under section 80C
LIP for major son 60,000
PPF paid in wife’s name 70,000
1,30,000
Since the maximum deduction under section 80C and
80CCE is ` 1,50,000, the entire sum of ` 1,30,000 would
be allowed as deduction 1,30,000
Total deduction 1,30,000
Question 11
Balamurugan furnishes the following information for the year ended 31-03-2017:
Particulars `
Income from business (1,35,000)
Income from house property (15,000)
Lottery winning (Gross) 5,00,000
Speculation business income 1,00,000
Income by way of salary 60,000
Compute his total income, tax liability and advance tax obligations.

Answer
Computation of total income of Balamurugan for the year ended 31.03.2017
Particulars ` `
Salaries 60,000
Less: Loss from house property (15,000)
Net Salary (after set off of loss from house property) 45,000
Speculation business income 1,00,000
Less: Business loss set-off (1,35,000)
Net business loss to be set-off against long-term capital gain (35,000)
Capital Gains
Less: Business loss set-off (35,000)
Long term capital gain after set off of business loss 35,000
Lottery winnings (Gross) 5,00,000
Computation of tax liability
Particulars `
On total income of ` 80,000 (excluding lottery winning) Nil
On lottery winnings of ` 5,00,000 @ 30% 1,50,000
Add: Education Cess @ 2% and Secondary and higher education cess@1% 4,500
The assessee need not pay advance tax since the total income (excluding lottery income)
liable to tax is below the basic exemption limit. Further, in respect of lottery income, tax would
have been deducted at source @ 30% under section 194B.Since the remaining tax liability of
` 4,500 (` 1,54,500 – ` 1,50,000) is less than ` 10,000, advance tax liability is not attracted.
Notes:
(1) The basic exemption limit of ` 2,50,000 has to be first exhausted against salary income
of ` 45,000. The unexhausted basic exemption limit of ` 2,05,000 can be adjusted
against long-term capital gains of ` 35,000 as per section 112, but not against lottery
winnings which are taxable at a flat rate of 30% under section 115BB.
2. The first proviso to section 234C(1) provides that since it is not possible for the assessee
to estimate his income from lotteries, the entire amount of tax payable (after considering
TDS) on such income should be paid in the remaining installments of advance tax which

8.32 Income-tax
are due. Where no such installment is due, the entire tax should be paid by 31st March,
2017.The first proviso to section 234C(1) would be attracted only in case of non-
deduction or short-deduction of tax at source under section 194B.
Question 12
Mr. Rajiv, aged 50 years, a resident individual and practicing Chartered Accountant, furnishes
you the receipts and payments account for the financial year 2016-17.
Receipts and Payments Account
Receipts ` Payments `
Opening balance Staff salary, bonus and stipend to 21,50,000
(1.4.2016) articled clerks
Cash on hand and at Bank 12,000 Other administrative expenses 11,48,000
Fee from professional 59,38,000 Office rent 30,000
services Housing loan repaid to SBI
Rent 50,000 (includes interest of ` 88,000) 1,88,000
Motor car loan from 2,50,000 Life insurance premium 24,000
Canara Bank (@ 9% p.a.) Motor car (acquired in Jan. 2017) 4,25,000
Medical insurance premium (for 18,000
self and wife)
Books bought (annual 20,000
publications)
Computer acquired on 30,000
1.11.2016(for professional use)
Domestic drawings 2,72,000
Public provident fund subscription 20,000
Motor car maintenance 10,000
Closing balance (31.3.2017) 19,15,000
Cash on hand and at Bank
________
62,50,000 62,50,000
Following further information is given to you:
(1) He occupies 50% of the building for own residence and let out the balance for residential
use at a monthly rent of ` 5,000. The building was constructed during the year 1997-98,
when the housing loan was taken.
(2) Motor car was put to use both for official and personal purpose. One-fifth of the motor car
use is for personal purpose. No car loan interest was paid during the year.

(3) The written down value of assets as on 1-4-2016 are given below:
Furniture & Fittings ` 60,000
Plant & Machinery ` 80,000
(Air-conditioners, Photocopiers, etc.)
Computers ` 50,000
Note: Mr. Rajiv follows regularly the cash system of accounting.
Compute the total income of Mr. Rajiv for the assessment year 2017-18.
Answer
Computation of total income of Mr. Rajiv for the assessment year 2017-18
Particulars ` ` `
Self-occupied
Annual value Nil
Interest on housing loan
50% of ` 88,000 = 44,000 but limited to 30,000
Loss from self occupied property (30,000)
Let out property
Annual value (Rent receivable has been taken as
the annual value in the absence of other 60,000
information)
(a) 30% of Net Annual Value 18,000
(b) Interest on housing loan (50% of
` 88,000) 44,000 62,000 (2,000)
Loss from house property (32,000)
Fees from professional services 59,38,000
Less: Expenses allowable as deduction
Staff salary, bonus and stipend 21,50,000
Other administrative expenses 11,48,000
Office rent 30,000
Motor car maintenance (10,000 x 4/5) 8,000

8.34 Income-tax
Car loan interest – not allowable (since the same

has not been paid and the assessee follows cash
system of accounting) Nil 33,36,000
26,02,000
Less: Depreciation
Motor car ` 4,25,000 x 7.5% x 4/5 25,500
Books being annual publications @ 100% 20,000
Furniture and fittings @ 10% of ` 60,000 6,000
Plant and machinery @ 15% of ` 80,000 12,000
Computer @ 60% of ` 50,000 30,000
Computer (New) ` 30,000 @ 60% x ½ thereon 9,000 1,02,500 24,99,500
Housing loan principal repayment 1,00,000
PPF subscription 20,000
Life insurance premium 24,000
Total amount of` 1,44,000 is allowed as 1,44,000
deduction since it is within the limit of ` 1,50,000
Deduction under section 80D
Medical insurance premium paid ` 18,000 18,000 1,62,000
Question 13
State under which heads the following incomes are taxable:
(i) Rental income in case of dealer in property
(ii) Dividend on shares in case of a dealer in shares
(iii) Salary received by a partner from his partnership firm
(iv) Rental income of machinery
(v) Winnings from lotteries by a person having the same as business activity
(vi) Salaries payable to a Member of Parliament
(vii) Receipts without consideration
(viii) In case of retirement, interest on employee’s contribution if provident fund is
unrecognized.

Answer
Particulars Head of Income
(i) Rental income in case of dealer in property Income from house property
(ii) Dividend on shares in case of a dealer in Income from other sources
shares
(iii) Salary by partner from his partnership firm Profit and gains of business or
profession
(iv) Rental income of machinery (See Note below) Income from other sources/
Profits and gains of business or
profession
(v) Winnings from lotteries by a person having the Income from other sources
same as business activity
(vi) Salaries payable to a Member of Parliament Income from other sources
(vii) Receipts without consideration Income from other sources
(viii) In case of retirement, interest on employee’s Income from other sources
contribution if provident fund is unrecognized
Note - As per section 56(2)(ii), rental income of machinery would be chargeable to tax under
the head “Income from Other Sources”, if the same is not chargeable to income-tax under the
head “Profits and gains of business or profession”.
Question 14
Mr. Devansh, an Indian Resident aged 38 years, carries on his own business. He has
prepared the following Profit & Loss A/c for the year ending 31-03-2017:
Salary 48,000 Gross Profit 4,30,400
Advertisement 24,000 Cash Gift (on the occasion 1,20,000
of marriage)
Sundry Expenses 54,500 Interest on Debentures 5,400
(Listed in recognized stock
exchange) Net of Taxes
Fire Insurance (`10,000 relates to 30,000
House Property)
Income-tax 27,000
Household expenses 42,500
Depreciation (allowable) 23,800
Contribution to an University 1,00,000
approved and notified U/s. 35(1)(ii)

8.36 Income-tax
Municipal Taxes paid for house 36,000

property
Printing & Stationery 12,000
Repairs & Maintenance 24,000
Net Profit 1,34,000
5,55,800 5,55,800
Other information:
(i) Mr. Devansh owns a House Property which is being used by him for the following
purposes:
- 25% of the property for own business
- 25% of the property for self-residence
- 50% let out for Residential purpose
(ii) Rent received from 50% let out portion during the year was ` 1,65,000.
(iii) On 1-12-2016 he acquired a vacant site from his friend for ` 1,05,000. The State Stamp
Valuation Authority fixed the value of the site at ` 2,80,000 for stamp duty purpose.
(iv) He received interest on Post Office Savings Bank Account amounting to`500
(v) Cash gift on the occasion of marriage includes gift of `20,000 from non-relatives.
(vi) LIC premium paid (Policy value ` 3,00,000 taken on 01-06-2013) ` 60,000 for his
handicapped son (suffering from disability mentioned in section 80U)
(vii) He purchased 10,000 shares of X Company Ltd on 01-01-2013 for ` 1,00,000 and
received a 1:1 bonus on 01-01-2014. He sold 5000 bonus shares in September 2016 for
` 2,20,000. (Shares are not listed and STT not paid).
Compute the total income and tax payable by Mr. Devansh for the Assessment Year 2017-18.
Answer
Computation of total income and tax liability of Mr. Devansh for A.Y.2017-18
Particulars Working `
Note Nos.
Income from house property 1 1,02,900
Profit and gains of business or profession 2 37,600
Long term capital gains 3 2,20,000
Income from other sources 4 1,81,000
Less: Deduction under Chapter VI-A 5 45,000

Tax on total income

Tax on Long term capital gain @20% (Rs. 2,20,000 x 20%) 44,000
Tax on balance total income of Rs. 2,76,500 2,650 46,650
Less: Rebate under section 87A (since total income does not
exceed ` 5,00,000) 5,000
41,650
Add: Education cess @ 2% and SHEC @ 1% 1,250
Less: Tax deducted at source on interest on debentures
[` 5,400 × 10/90] 600
Net Tax liability 42,300
Working Notes:
Particulars ` `
(1) Income from House Property
(i) Self-occupied portion (25%) Nil
As per section 23(2), income from self-occupied portion
is Nil.
(ii) Let-out portion – 50%
Gross Annual Value 1,65,000
(Rent received has been taken as the Gross Annual
Value in the absence of other information relating to
Municipal Value, Fair Rent and Standard Rent)
Less: Municipal taxes paid in respect of let out portion
(50% of `36,000) 18,000
Less: Deduction under section 24@30% of NAV 44,100
1,02,900
(2) Profits & Gains of Business or Profession
Add: Expenses debited to profit and loss account but
not allowable
(i) Fire Insurance [relating to let-out and self- 7,500
occupied house property] (75% of `10,000)
(ii) Income-tax [disallowed as per section 27,000
40(a)(ii)/(iia)]
(iii) Household expenses (Under section 37, personal 42,500

8.38 Income-tax
expenses are disallowed)

(iv) Contribution to university approved under section 1,00,000
35(1)(ii), considered separately
(v) Municipal Taxes paid in respect of let-out and self-
occupied portions [75% of `36,000] 27,000 2,04,000
3,38,000
Less: Weighted deduction@175% for contribution to
university approved and notified under section
35(1)(ii) [1,00,000 × 175%] 1,75,000
1,63,000
Less: Income credited to Profit & Loss Account but not
taxable under this head:
(i) Cash gift 1,20,000
(ii) Interest on debentures (See Note below) 5,400 1,25,400
37,600
(3) Capital gains
Sale consideration of bonus shares 2,20,000
Less: Cost of acquisition [Nil, for bonus shares] Nil
Long term capital gain [Since unlisted shares are held
by Mr. Devansh for more than 24 months] 2,20,000
(4) Income from Other Sources
Cash gift on the occasion of marriage is exempt, even Nil
if the same is received from a non-relative
In case of vacant site received for inadequate
consideration, difference between stamp duty value 1,75,000
(`2,80,000) and actual consideration (`1,05,000) is
taxable under section 56(2)(vii), since such difference
exceeds `50,000.
Interest of `500 on post-office savings bank account [In Nil
case of individual account, a sum upto `3,500 is
exempt under section 10(15)]
Interest on debentures (gross) [` 5,400 × 100/90] (The rate
of TDS under section 194A is 10%) (See Note below) 6,000
Income chargeable under this head 1,81,000

(5) Deduction under Chapter VI-A :

LIC Premium paid `60,000 [Since the policy was taken
after 31.3.2013 to insure the life of disabled son, the 45,000
premium is restricted to 15% of sum assured] [15% of
` 3,00,000]
Question 15
Mr. Raghu, Marketing Manager of KL Ltd., based at Mumbai furnishes you the following
Basic salary - ` 1,00,000 per month
Dearness allowance (Forming part of salary for retirement ` 50,000 per month
benefits) -
Bonus - 2 months basic salary
Contribution of employer to Recognized Provident Fund -
15% of basic salary plus
dearness allowance
Rent free unfurnished accommodation was provided by the company at Mumbai
(accommodation owned by the company).
Particulars `
(i) Recognised Provident Fund contribution made by Raghu 1,50,000
(ii) Health insurance premium for insurance of his wife’s health 30,000
(iii) Health insurance premium in respect of parents (senior citizens) 33,000
(iv) Medical expenses of dependent brother with ‘severe disability’ (covered 6,000
by Section 2(o) of National Trust for Welfare of Persons with Austism,
Cerbral Palsy, Mental Retardation and Multiple Disabilities Act, 1999).
(v) Interest on loan taken for education of his son studying B.Com (full-time) 24,000
in a recognized college.
(vi) Interest on loan taken for education of a student for whom Mr. Raghu is 20,000
the legal guardian for pursuing B.Sc. (Physics) (full-time) in a recognized
university.
Compute the total income of Mr. Raghu for the assessment year 2017-18.
Answer
Computation of total income of Mr. Raghu for the A.Y.2017-18
Particulars ` `

8.40 Income-tax

Bonus 2,00,000
Employer contribution to recognized provident fund in excess of 54,000
12% is taxable (3% of ` 18,00,000)
Rent free accommodation @ 15% of ` 20 lakh (basic salary +
dearness allowance + bonus) 3,00,000
23,54,000
Section 80C
Contribution to recognized provident fund` 1,50,000 1,50,000
Section 80D – Health insurance premium
Wife` 30,000 restricted to 25,000
Parents (Senior Citizens) ` 33,000 restricted to 30,000 55,000
Section 80DD
Medical treatment of dependent brother with severe disability (flat 1,25,000
deduction irrespective of expenditure incurred)
Section 80E – Interest on loan taken for full-time education of
-his son studying B.Com. 24,000
- a student studying B.Sc. for whom he is the legal
guardian 20,000 44,000 3,74,000
Question 16
Determine the total income of Mr. Chand from the following information for the Assessment
Year 2017-18:
Particulars `
(i) Interest received on enhanced compensation (It relates to transfer of 4,00,000
land in the financial year 2010-11.Out of the above, ` 65,000 relates to
financial year 2016-17and the balance relate to preceding years)
(ii) Business loss relating to discontinued business of the assessment year 1,50,000
2010-11 brought forward and eligible for set off
(iii) Current year business income (i.e. financial year 2016-17) (computed) 1,10,000

Answer
Computation of total income of Mr. Chand for A.Y.2017-18
Particulars ` `
Current year business income 1,10,000
Less: Brought forward business loss of discontinued business
` 1,50,000 set-off to the extent of current year business
income as per section 72 1,10,000 Nil
Interest on enhanced compensation taxable on receipt basis
under section 56(2)(viii) 4,00,000
Less: Deduction under section 57(iv) @ 50% 2,00,000 2,00,000
The unabsorbed business loss of ` 40,000 (` 1,50,000 – ` 1,10,000) of A.Y.2010-11relating
to discontinued business will be carried forward for set-off against income from any business
in the next year i.e. A.Y.2018-19.
Question 17
Mr. Dinesh Karthik, a resident individual aged 45, furnishes the following information
pertaining to the year ended 31.3.2017:
(i) He is a partner in Badrinath & Co. He has received the following amounts from the firm:
Interest on capital at 15% : ` 3,00,000
Salary as working partner (at 1% of firm's sales) (allowed fully to the firm): `90,000
(ii) He is engaged in a business of manufacturing wheat flour from wheat. The Profit and
Loss account pertaining to this business (summarised form) is as under:
To ` By `
Salaries 1,20,000 Gross profit 12,50,000
Bonus 48,000 Interest on Bank FD 45,000
Car expenses 50,000 (Net of TDS 5,000)
Machinery repairs 2,34,000 Agricultural income 60,000
Advance tax 70,000 Pension from LIC
Depreciation on: Jeevan Dhara 24,000
- Car 3,00,000
- Machinery 1,25,000

8.42 Income-tax
Net profit 4,32,000

13,79,000 13,79,000
Opening WDV of assets are as under:
Particulars `
Car 3,00,000
Machinery (Used during the year for 170 days) 6,50,000
Additions to machinery:
New purchased on 23.9.2016 2,00,000
New purchased on 12.11.2016 3,00,000
Old purchased on 12.4.2016 1,25,000
(All assets added during the year were put to use immediately after purchase)
Of the total bonus amount, ` 15,000 was paid on 11.10.2016.
One-fifth of the car expenses are towards estimated personal use of the assessee.
(iii) In March, 2015, he had sold a house at Chennai. Arrears of rent relating to this house
amounting to ` 75,000 was received in February, 2017.
(iv) Details of his Savings and Investments are as under:
Particulars `
Life insurance premium for policy in the name of his major son employed
in LMN Ltd. at a salary of ` 6 lacs p.a. (Sum assured ` 2,00,000) (Policy
taken on 1.07.2013) 30,000
Contribution to PPF 70,000
Medical Insurance premium for his father aged 70, who is not dependent on 32,000
him
You are required to compute the total income of Mr. Dinesh Karthik for the assessment year
2017-18.
Answer
Computation of total income of Mr. Dinesh Karthik for the A.Y. 2017-18
Particulars ` `
Arrears of rent received in respect of the Chennai
house taxable under section 25A Note 2 75,000
Less: Deduction @ 30% 22,500 52,500


(a) Own business Note 3 5,33,250
(b) Income from partnership firm (See Note 1)
Interest on capital 2,40,000
[As per section 28(v), chargeable in the hands
of the partner only to the extent allowable as
deduction in the firm’s hand i.e. @12%]
Salary of working partner 90,000 3,30,000
(a) LIC Jeevan Dhara pension 24,000
(b) Interest from bank FD (gross) 50,000 74,000
Section 80C
Life insurance premium for policy in the name of
major son qualifies for deduction even though he is
not dependent on the assessee. However, the same
has to be restricted to 10% of sum assured i.e. 10%
of` 2,00,000. 20,000
Contribution to PPF 70,000 90,000
Section 80D
Mediclaim premium for father, a senior citizen 32,000
(qualifies for deduction, even though the father is
not dependent on the assessee)
Maximum amount allowable 30,000 1,20,000
Notes:
(1) The income by way of interest on capital and salary of Mr. Dinesh Karthik from the firm,
Badrinath & Co., in which he is a partner, to the extent allowed as deduction in the hands
of the firm under section 40(b), has to be included in the business income of the partner
as per section 28(v). Accordingly, ` 3,30,000 [i.e., ` 90,000 (salary) + ` 2,40,000
(interest@12%)] should be included in his business income.
(2) As per section 25A, any arrears of rent received will be chargeable to tax, after deducting
a sum equal to 30% of such arrears, as income from house property in the year of
receipt, whether or not the assessee remains the owner of the house property.

8.44 Income-tax
(3) Computation of income from own business

Particulars ` `
Less: Items credited to profit and loss account not treated as
business income
Interest on bank FD (net of TDS ` 5,000) 45,000
Agricultural income 60,000
Pension from LIC Jeevan Dhara 24,000 1,29,000
3,03,000
Add: Items debited to profit and loss account to be
disallowed/considered separately
Advance tax 70,000
Depreciation:
Car 3,00,000
Machinery 1,25,000
Car expenses disallowed 10,000 5,05,000
8,08,000
Less: Depreciation (See Working Note below) 2,74,750
Income from own business 5,33,250
Working Note:
Computation of depreciation allowable under the Income-tax Act, 1961
Particulars ` `
On Car:
15% on 3,00,000 45,000
Less: 1/5th for personal use 9,000 36,000
On Machinery:
Opening WDV 6,50,000
Additions during the year (Used for more than 180 days) 3,25,000
Depreciation at 15% on 9,75,000 1,46,250
Additions during the year (used for less than 180 days)
Hence, depreciation at 7.5% on 3,00,000 22,500
Total normal depreciation (A) 2,04,750
Where an asset acquired during the year is put to use for
less than 180 days, 50% of the rate of depreciation is

allowable. This restriction does not apply to assets

acquired in an earlier year.
Additional depreciation
New machinery
Used for more than 180 days at 20%` 2,00,000 40,000
Used for less than 180 days at 10%` 3,00,000 30,000
Total additional depreciation (B) 70,000
Total permissible depreciation (A) + (B) 2,74,750
Question 18
From the following details, compute the total income of Siddhant of Delhi and tax payable for
the A.Y.2017-18:
Particulars `
Bonus 11,000
Salary of servant provided by the employer 12,000
Rent paid by Siddhant for his accommodation 49,600
Bills paid by the employer for gas, electricity and water provided free of cost at 11,000
the above flat
Siddhant purchased a flat in a co-operative housing society in Delhi for ` 4,75,000 in April,
2011, which was financed by a loan from Life Insurance Corporation of India of ` 1,60,000
@ 15% interest, his own savings of ` 65,000 and a deposit from a nationalized bank for
` 2,50,000 to whom this flat was given on lease for ten years. The rent payable by the bank
was ` 3,500 per month. The following particulars are relevant:
(a) Municipal taxes paid by Mr. Siddhant ` 4,300 (per annum)
(b) House Insurance ` 860
(c) He earned ` 2,700 in share speculation business and lost ` 4,200 in cotton speculation
business.
(d) In the year 2012-13, he had gifted ` 30,000 to his wife and ` 20,000 to his son who was
aged 11. The gifted amounts were advanced to Mr. Rajesh, who was paying interest @
19% per annum.
(e) Siddhant received a gift of ` 25,000 each from four friends.
(f) He contributed ` 50,000 to Public Provident Fund.

8.46 Income-tax
Answer
Computation of total income and tax liability of Siddhant for the A.Y. 2017-18
Particulars ` `
Salary Income
Bonus 11,000
Value of perquisites:
(i) Salary of servant 12,000
(ii) Free gas, electricity and water 11,000 23,000
3,69,000
Gross Annual Value (GAV) (Rent receivable is taken as GAV in 42,000
the absence of other information) (` 3,500 × 12)
(i) 30% of NAV ` 11,310
(ii) Interest on loan from LIC @15% of ` 1,60,000
[See Note 2] ` 24,000 35,310 2,390
Income from speculative business
Income from share speculation business 2,700
Less: Loss from cotton speculation business 4,200
Net Loss 1,500
Net loss from speculative business has to be carried forward as it
cannot be set off against any other head of income.
(i) Income on account of interest earned from advancing money 3,800
gifted to his minor son is includible in the hands of Siddhant
as per section 64(1A)
Less: Exempt under section 10(32) 1,500
2,300
(ii) Interest income earned from advancing money gifted to wife
has to be clubbed with the income of the assessee as per
section 64(1) 5,700

(iii) Gift received from four friends (taxable under section

56(2)(vii) as the aggregate amount received during the year
exceeds ` 50,000) 1,00,000 1,08,000
Less: Deduction under section 80C
Contribution to Public Provident Fund 50,000
Particulars `
12,939
Add: Education cess@2% 259
Add: Secondary and higher education cess@1% 129
13,327
Tax liability (rounded off) 13,330
Notes:
(1) It is assumed that the entire loan of ` 1,60,000 is outstanding as on 31.3.2017;
(2) Since Siddhant’s own flat in a co-operative housing society, which he has rented out to a
nationalised bank, is also in Delhi, he is not eligible for deduction under section 80GG in
respect of rent paid by him for his accommodation in Delhi, since one of the conditions to be
satisfied for claiming deduction under section 80GG is that the assessee should not own any
residential accommodation in the same place.
Question 19
Mr. Janak, working as Finance Manager in Thilagam Realty Ltd., Jaipur, retired from the
company on 31.10.2016 at the age of 60. The following amounts were received from the
employer from 1st April, 2016to 31st October, 2016:
Basic Salary ` 30,000 p.m.
Dearness Allowance ` 20,000 p.m. (40% reckoned for superannuation benefits)
Ex-gratia (lump sum) ` 15,000
In addition to the above –
(i) The company had taken on lease a residential house at Jaipur, paying a lease rent of
` 9,000 p.m. Mr. Janak, who was paying to the company ` 6,000 p.m. towards aforesaid
rent, vacated the said premises on 31.10.2016.

8.48 Income-tax
(ii) The company had also provided to Mr. Janak a cooking range and micro-wave oven
owned by it. The original cost of these assets was ` 40,000 and the written down value
as on 1.4.2016was ` 22,000.
(iii) Mr. Janak has two sons. His second son was studying in a school run by the employer-
company throughout the financial year 2016-17. The education facility was provided free
of cost. The cost of such education in a similar school is ` 1,800 p.m.
(iv) The employer-company was contributing ` 7,000 p.m. to Central Government Pension
Scheme. Mr Janak contributed an equal amount.
(v) Professional tax paid by the employer ` 3,000.
(vi) Subsequent to his retirement, Mr. Janak started his own business on 15-11-2016. The
results of the said business from 15.11.2016to 31.3.2017were:
(i) Business loss (excluding current depreciation) ` 90,000
(ii) Current year's depreciation ` 60,000
(vii) Mr. Janak won a prize in a TV game show. He received a sum of ` 2,10,000 after
deduction of tax at source to the tune of ` 90,000.
(viii) Mr. Janak furnishes the under-mentioned data relating to savings, investments and out-
goings:
A. Life insurance premium, with a private insurance company ` 30,000 for his son and
` 20,000 for his married daughter.
B. Medical insurance premium of ` 22,000 for himself and ` 26,000 for his mother
(aged 82), paid by credit card. His mother is however not dependent on him.
You are required to compute the total income of Mr. Janak (showing clearly the computation
under various heads of income) and tax payable by him for the assessment year 2017-18.
Answer
Computation of total income of Mr. Janak for A.Y. 2017-18
Particulars ` `
Basic salary (` 30,000 x 7) 2,10,000
Dearness Allowance (` 20,000 x 7) 1,40,000
Ex-gratia 15,000
Employers’ contribution to Central Government Pension Scheme 49,000
(` 7,000 x 7)
Professional tax paid by employer 3,000
Concessional accommodation (See Notes 1 & 2) 150
Value of furniture (See Note 3) 2,333

Value of concessional educational facility (` 1,800 x 7) (See Note 4) 12,600

Gross salary 4,32,083
Less: Deduction under section 16(iii)
Professional tax 3,000
Net salary 4,29,083
Winnings from TV Game Show (` 2,10,000 + ` 90,000) 3,00,000
80C Life insurance premium (` 30,000 + ` 20,000) 50,000
80CCD(1) (See Notes 5)
Employee’s contribution to pension scheme [to be restricted to
10% of salary i.e. 10% of ` 2,66,000 (` 30,000+` 8,000) x 7] 26,600
Total deduction under section 80C & 80CCD(1) 76,600
80CCD(1B) Additional employee’s contribution to pension scheme 22,400
[49,000 – 26,600]
Employer’s Contribution to pension scheme (to be restricted to 26,600
10% of salary) [Section 80CCD(2)] [See Note 5]
80D (` 22,000 + ` 26,000) (See Note 6) 48,000 1,73,600
Total Income (see Note 8) 5,55,483
Computation of tax liability of Mr. Janak for the A.Y. 2017-18
Particulars ` `
Tax @ 30% on winnings of ` 3,00,000 from game show 90,000
Tax on balance income of ` 2,55,480 (The basic exemption limit of
` 3,00,000 is applicable since Mr. Janak is of the age of 60 years
during the P.Y. 2016-17) Nil
90,000
Secondary and higher education cess @ 1% 900 2,700
Total Tax Liability 92,700
Less: TDS 90,000
Net Tax Payable 2,700

8.50 Income-tax
Notes:
(1) For computation of perquisite value of concessional accommodation, 40% of dearness
allowance (i.e. ` 8,000) should be taken into consideration as forming part of salary,
since the question clearly mentions that only 40% is to be reckoned for superannuation
benefits. Therefore, salary for the purpose of perquisite valuation would be ` 2,81,000
[i.e., (` 30,000 + ` 8,000) x 7 + 15,000].
(2) In a case where the accommodation is taken on lease or rent by the employer and
provided to the employee, the value of perquisite would be lower of the actual amount of
lease rental paid or payable by the employer [i.e. ` 63,000, being 9,000 x 7) and 15% of
salary [ i.e., ` 42,150, being 15% of ` 2,81,000]. This value (i.e. ` 42,150) would be
reduced by the rent paid by the employee(i.e., ` 42,000, being 6,000 x 7).
The value of concessional accommodation is ` 150 [i.e. ` 42,150 – ` 42,000].
(3) The value of furniture owned by employer and provided to the employee is 10% p.a. of
actual cost which amounts to ` 2,333 [i.e. 10% of 40,000 x 7/12].
Therefore, the value of furnished accommodation will be ` 2,483 (` 150 + ` 2,333)
provided to the employee.
It is also possible to consider the cooking range and micro-wave oven provided by
employer to the employee as a perquisite on account of use of movable assets of the
employer by the employee. Even it is so assumed, there would be no change in the
answer since in such a case also, the perquisite value is 10% p.a. of actual cost.
(4) In determining the value of perquisite resulting from the provision of free or concessional
educational facilities, from a plain reading of the proviso to Rule 3(5), it is apparent that if
the cost of education per child exceeds ` 1,000 per month, the entire cost will be taken
as the value of the perquisite. Accordingly, the full amount of ` 1,800 per month is
taxable as perquisite. In such a case, the value of the perquisite would be ` 12,600 (i.e.
` 1,800 × 7).
Note – An alternate view possible is that only the sum in excess of ` 1,000 per month is
taxable. In such a case, the value of perquisite would be ` 5,600. The gross salary in
that case shall be ` 4,25,083 and net salary would be ` 4,22,083. The total income and
tax liability shall accordingly vary.
(5) The entire employer’s contribution to Central Government Pension scheme should be
included in salary and deduction under section 80CCD(2) should be restricted to 10% of
salary. The employer’s contribution to pension scheme would be outside the overall limit
of ` 1,50,000 stipulated under section 80CCE. Also, the deduction under section
80CCD(1)for the employee’s contribution to the pension scheme is restricted to 10% of
salary. Salary means basic salary and dearness allowance, if provided in the terms of
employment for retirement benefits. The balance `22,400 (`49,000 – 26,600) can be
claimed as deduction under section 80CCD(1B).

(6) The deduction for medical insurance premium of ` 26,000 paid for mother is allowable in
full under section 80D, as the maximum limit is ` 30,000, since his mother is a senior
citizen. Therefore, the total deduction under section 80D would be ` 22,000 (for self) +
` 26,000 (for mother) = ` 48,000.
(7) Winnings from TV game show is chargeable at a flat rate of 30% under section
115BB.No loss can be set-off against such income. Therefore, business loss cannot be
set-off against such income.
(8) As per section 71(2A), business loss cannot be set-off against salary income. Section 71(2A)
provides that where the net result of the computation under the head “Profits and gains of
business or profession” is a loss and the assessee has income chargeable under the head
“Salaries”, the assessee shall not be entitled to have such loss set-off against such income.
From a plain reading of the provisions of section 71(2A), it is possible to take a view that even
depreciation cannot be set-off against salary income. Therefore, both business loss and
current depreciation cannot be set-off against salary income.
(9) Deduction under section 80GG has not been provided in respect of rent paid by Mr. Janak to
his employer. Such deduction can be provided, if it is assumed that all conditions mentioned
in section 80GG are satisfied.
Question 20
Mr. Mahesh, a production manager working in ABC Ltd., New Delhi, receives the following
emoluments during the previous year 2016-17:
` `
Basic salary 1,75,000 Bonus 8,000
D.A. (not forming part of salary) 1,40,000 Medical allowance 5,000
Commission on extra production 12,000 Special allowance 18,000
Education Allowance (including allowance for hostel expenditure) for two sons who are
engineering students at Mumbai - ` 16,000.
(i) His employer has provided rent free house to him in New Delhi. The house is owned by
the employer.
(ii) Electricity bills paid by ABC Ltd. for him during the previous year are of ` 11,500.
(iii) On 2.1.2017, his employer company has given him a CD player for domestic use and a
laptop for office and personal use. Ownership of both the assets have not been
transferred. The cost of CD player is ` 20,000 and that of laptop is ` 40,000.
(iv) His investments during the previous year are:
(1) Units of SEBI registered mutual fund ` 25,000
(2) PPF ` 15,000
(v) He has paid tuition fees of his sons on 17.12.2016of ` 60,000.

8.52 Income-tax
(vi) He has deposited ` 10,000 in Five Year Time Deposit Scheme in Post Office on 25.3.2017.
(vii) His agricultural income during the year is ` 45,000.
(viii) He has received gift of ` 25,000 from his grandfather on 10.6.2016.
(ix) He has gifted his car to his wife on 15.5.2016. She has earned income of ` 30,000 from
the business of hiring the same during the previous year.
Compute the total income and tax payable of Mr. Mahesh for the A.Y. 2017-18.
Answer
Computation of total income of Mr. Mahesh for the A.Y. 2017-18
Particulars `
Income from salary (as per note 3) 4,10,052
Business Income
(assuming that his wife carries on the business of hiring of cars)
[Income of wife from hiring of car clubbed under section 64(1)(iv)] 30,000
Less: Deduction under section 80C (as per note 5) 1,10,000
Computation of tax liability of Mr. Mahesh for the A.Y.2017-18
Step 1 ` `
Add: Agricultural income and Non-agricultural income
(` 45,000 + ` 3,30,050)
Tax on ` 3,75,050 12,505
Step 2
Add: Basic exemption limit to agricultural income (` 2,50,000 +`
45,000)
Tax on ` 2,95,000 4,500
Step 3
Tax on non-agricultural income (Tax under step 1 – Tax under step 8,005
2) (` 12,505 – ` 4,500)
3,005
Add: Education cess @2% and Secondary and higher education
cess @ 1% 90
Rounded off 3,100

Notes:
1. Valuation of rent free house
Particulars `
D.A. (not to be considered as it is not forming part of salary) Nil
Commission on extra production 12,000
Bonus 8,000
Education allowance (See Note 4) 6,400
Medical allowance 5,000
Salary for the purpose of valuation of rent-free house 2,24,400
Value of rent-free house = 15% of ` 2,24,400 33,660
2. Valuation of perquisite of CD Player given for use by the employee
Taxable value of this perquisite is 10% p.a. of cost of the CD player w.e.f. 1.1.2017
(i.e. for 90 days)
10% of ` 20,000 = 2,000 x 90/366 = ` 492
Provision of laptop by the employer is a tax-free perquisite.
3. Income from salary
Particulars ` `
Basic pay 1,75,000
Bonus 8,000
Commission 12,000
Special Allowance 18,000
Taxable education allowance (See Note-4 below) 6,400
Medical Allowance 5,000
Total 3,64,400
Add : Taxable perquisites :
1. Rent free accommodation (Note 1) 33,660
2. Electricity Bill paid by employer 11,500
3. CD Player given by employer (Note 2) 492 45,652

8.54 Income-tax
4. Education allowance exempt under section 10(14)

Education allowance of ` 100 per month per child for a maximum of 2 children plus
hostel allowance of ` 300 per month per child for a maximum of 2 children is exempt.
i.e. (` 100×2×12) + (` 300×2×12) =` 2,400+` 7,200 = ` 9,600
Therefore, taxable education allowance would be ` 16,000 – ` 9,600 = ` 6,400.
5. Investments/payments deductible under section 80C
Particulars `
Units of SEBI registered mutual fund 25,000
Investment in 5 year Time Deposit in Post Office 10,000
Tuition fees of children (assumed to be paid to an eligible educational
institution – hence qualifies for deduction under section 80C) 60,000
1,10,000
The total deduction under section 80C cannot exceed ` 1,50,000. This restriction is
contained in section 80CCE.
Therefore, the permissible deduction under section 80C would be ` 1,10,000
6. Taxability of gift received from grandfather
Gift from a relative is not taxable under section 56(2)(vii). Grandfather is a relative as per
the definition of “relative” given in the Explanation to section 56(2)(vii) and hence`
25,000, being gift received from grandfather, is not taxable.
Question 21
Rajat is a Chartered Accountant in practice. He maintains his accounts on cash basis. He is a
Resident and ordinarily resident in India. His income and expenditure account for the year
ended March 31, 2017reads as follows:
Expenditure ` Income ` `
Salary to staff 15,25,000 Fees earned:
Stipend to articled Audit 26,65,800
assistants 3,18,000
Incentive to articled Taxation services 14,68,600
assistants 5,000
Office rent 13,24,000 Consultancy 13,82,000 55,16,400
Printing and stationery 6,600 Dividend on shares of
Indian companies (gross) 9,635
Meeting, seminar and Income from Unit Trust of

conference 10,38,600 India 6,600

Repairs, maintenance and Profit on sale of shares 15,620
petrol of car 22,400 (STT paid)
Subscription and 2,15,000 Honorarium received
periodicals from various institutions
for valuation of answer 16,350
papers
Postage, telegram and fax 2,32,500 Rent received from
residential flat let out 84,000
Depreciation 29,500
Travelling expenses 55,000
Municipal tax paid in
respect of house property 1,000
Net profit 8,76,005
56,48,605 56,48,605
Other information:
(i) The total travelling expenses incurred on foreign tour was ` 20,000 which was within the
RBI norms.
(ii) Incentive to articled assistants represent amount paid to two articled assistants for
passing IPCC Examination at first attempt.
(iii) Repairs and maintenance of car includes ` 1,600 for the period from 1.10.2016to
30.09.2017.
(iv) Salary include ` 30,000 to a computer specialist in cash for assisting Mr. Rajat in one
professional assignment.
(v) ` 1,500, interest on loan paid to LIC on the security of his Life Insurance Policy and
utilised for repair of computer, has been debited to the drawing account of Mr. Rajat.
(vi) Medical Insurance Premium on the health of:
Particulars ` Mode of
payment
Self 10,000 By Cheque
Dependent brother 5,000 By Cheque
Major son dependent on him 3,000 By Cash
Married daughter 2,000 By Cheque
Wife dependent on assessee 5,000 By Cheque

8.56 Income-tax
(vii) Shares sold were held for 10 months before sale.

(viii) Rajat paid life membership subscription of ` 1,000 to Chartered Accountants Benevolent
Fund.The amount was debited to his drawings account. The Chartered Accountants
Benevolent Fund is an approved fund under section 80G of Income-tax, 1961.
(ix) Depreciation debited to income and expenditure account is as per the rates of Income-
tax Rules, 1962.
Compute the total income and tax payable of Rajat for the Assessment year 2017-18.
Answer
Computation of Total Income of Mr. Rajat for Assessment Year 2017-18
Particulars Working `
Note Nos.
Income from House Property 1 58,100
Profit and gains of Business or Profession 2 7,73,300
Short-term capital gains 3 15,620
Income from other sources 4 16,350
Less: Deduction under Chapter VI-A 5 15,500
Tax on total income
Less: Short-term capital gains (See Note 9 below) 15,620
Normal Income 8,32,250
Tax on normal income 91,450
Tax on short-term capital gains @15% 2,343
93,793
Notes :
(1) Income from House Property ` `
Less: Municipal taxes paid by owner 1,000

Rent received has been taken as the Gross Annual Value

in the absence of other information relating to Municipal
Value, Fair Rent and Standard Rent.
(2) Income under the head “Profits & Gains of Business or
Profession”
Net profit as per Profit & Loss Account 8,76,005
Add: Expenses debited to the Profit & Loss Account but not
allowable
(i) Salary paid to computer specialist in cash
disallowed under section 40A(3), since such
cash payment exceeds ` 20,000 30,000
(ii) Municipal Taxes paid in respect of residential flat
let out 1,000 31,000
9,07,005
Less: Expenses allowable but not debited to profit and loss
account
Interest paid on loan taken from LIC used for repair
of computer 1,500
9,05,505
Less: Income credited to Profit & Loss Account but not
taxable under this head:
(i) Dividend on shares of Indian companies 9,635
(ii) Income from UTI 6,600
(iii) Profit on sale of shares 15,620
(iv) Honorarium for valuation of answer papers 16,350
(v) Rent received from letting out of residential flat 84,000 1,32,205
7,73,300
(3) Capital gains:
Short term capital gain on sale of shares 15,620
(4) Income from other sources:
Dividend on shares of Indian companies 9,635
Income from UTI 6,600

Honorarium for valuation of answer papers 16,350 16,350
(5) Deductions under Chapter VI-A :

Deduction under section 80D (Medical Insurance Premium)

8.58 Income-tax
Policy holder Amount of Amt. eligible

Premium (` ) for deduction
(`)
Self 10,000 10,000
Dependent brother 5,000 Nil
Major son dependent on him 3,000 Nil
Married daughter 2,000 Nil
Wife dependent on assessee 5,000 5,000
15,000
15,000
Deduction under section 80G (Donation)
Donation to CA Benevolent Fund (50% of ` 1,000) 500
Total deduction under Chapter VI-A 15,500
Note – Premium paid to insure the health of brother is not eligible for
deduction under section 80D. Premium paid to insure the health of son
is not eligible for deduction since payment is made in cash. Premium
paid to insure the health of married daughter is not eligible for deduction
as she is not dependent on Mr. Rajat.
(6) ` 20,000 expended on foreign tour is allowable as deduction assuming that it was
incurred in connection with his professional work. Therefore, it requires no further
treatment.
(7) Incentive to articled assistants passing IPCC examination in their first attempt is
deductible under section 37(1).
(8) Repairs and maintenance paid in advance for the period 1.4.2017to 30.9.2017 i.e. for 6
months amounting to ` 800 will be allowed since Mr. Rajat is following the cash system
of accounting.
(9) Since securities transaction tax has been paid on the shares and the period of holding of
these shares is less than 12 months, the profit arising therefrom is a short-term capital
gain chargeable to tax at 15% under section 111A.
(10) Since depreciation debited to income and expenditure account is as per the Income-tax
Rules, 1962, no adjustment for the same has been made.
Question 22
Dr. Sparsh Kumar is running a clinic. His Income and Expenditure account for the year ending
31st March, 2017 is given below:
Expenditure ` Income
To Staff Salary 14,30,000 By Fees Receipts 52,63,600
To Consumables 9,250 By Dividend from Indian

Companies 9,500
To Medicine consumed 23,64,800 By Winning from
Lotteries(Net of TDS of 28,000
` 12,000)
To Depreciation 91,000 By Income-tax refund 2,750
To Administrative Expenses 11,46,000
To Donation to Prime 15,000
Minister's National Relief
Fund
To Excess of Income over
expenditure 2,47,800
Total 53,03,850 Total 53,03,850
(i) Depreciation in respect of all assets has been ascertained at ` 50,000 as per Income-tax
Rules,1962.
(ii) Medicines consumed include medicine of (cost) ` 16,000 used for his family.
(iii) Fees Receipts include ` 14,000 honorarium for valuing medical examination answer
books.
(iv) He has also received ` 90,000 on account of Agricultural Income which had not been
included in the above Income and Expenditure Account.
(v) He has also received ` 57,860 on maturity of one LIC Policy, not included in the above
Income and Expenditure Account.
(vi) He received ` 6,000 per month as salary from a City Care Centre. This has not been
included in the 'Fees Receipts' credited to Income and Expenditure Account.
(vii) He has sold land in June, 2016for ` 10,00,000 (valuation as per stamp valuation
authority ` 14,00,000). The land was acquired by him in October, 1999 for ` 4,50,000.
(viii) He has paid premium of ` 75,000 for another LIC Policy on his life which was taken on
1.04.2013(sum assured ` 5,00,000).
(ix) He has paid ` 2,500 for purchase of lottery tickets.
(x) Donation to Prime Minister National Relief Fund has been made by way of an account
payee cheque.
(xi) He deposited ` 1 lakh in PPF.
From the above, compute the income and tax payable of Dr. Sparsh Kumar for the A.Y.2017-18.
Cost Inflation Index: F.Y. 1999-00 – 389; F.Y. 2016-17–1125.

8.60 Income-tax
Answer
Computation of total income and tax liability of Dr. Sparsh Kumar for the A.Y. 2017-18
Particulars `
Income from salary (Working Note – 1) 72,000
Income from business (Working Note – 2) 2,65,550
Long-term capital gains (Working Note – 3) 98,586
Income from other sources (Working Note – 4) 54,000
Less: Deduction under Chapter VI-A (Working Note – 5) 1,65,000
Tax on total income (Working Note - 6) 25,372

20,372
Add: Education cess @ 2% and SHEC @1% 611
Less: Tax deducted at source (TDS) 12,000
Tax payable 8,983
Rounded off 8,980
Working Notes:
1. Computation of salary income
Particulars `
Gross Salary (` 6,000×12) 72,000
Less: Deduction under section 16 Nil
Net Salary 72,000
2. Computation of income under the head “Profits and gains of business or
profession”
Particulars ` `
Net Income as per Income and Expenditure Account 2,47,800
Add: Expenses disallowed:
Depreciation (` 91,000 –` 50,000) 41,000
Cost of medicine for self-use 16,000
Donation to Prime Minister’s Relief Fund 15,000 72,000
3,19,800

Less: Dividend from Indian companies 9,500

Income-tax refund 2,750
Winning from Lotteries 28,000
Honorarium for valuing answer books 14,000 54,250
2,65,550
3. Computation of Capital Gains
Particulars ` `
Valuation as per Stamp Valuation Authority 14,00,000
(Value to be taken higher of actual sale consideration or
valuation adopted for stamp duty purposes as per
section 50C)
Consideration for the purpose of capital gain 14,00,000
Less: Cost of acquisition = ` 4,50,000x 1125/389 13,01,414
4. Computation of income under the head “Income from other sources”
Particulars ` `
Dividend from Indian Companies [Exempt u/s 10(34)] -
Honorarium for valuing answer books 14,000
Winning from Lotteries (Net) 28,000
Add: TDS 12,000 40,000
Note : As per section 58(4), no expense or deduction is allowable in respect of winnings
from lotteries.
5. Computation of deduction under Chapter VI-A
Particulars `
U/s 80C Life Insurance Premium (maximum 10% of sum assured) 50,000
PPF 1,00,000
1,50,000
U/s 80G Donation to Prime Minister’s Relief Fund [See Note below] 15,000
Total deduction under Chapter VI-A 1,65,000
Note –The donation made to the Prime Minister’s National Relief Fund qualifies for 100%
deduction under section 80G.

8.62 Income-tax
6. Computation of tax on total income

Particulars `
Tax on agricultural income plus non-agricultural income
i.e. tax on ` 4,15,136(being ` 90,000 + ` 3,25,136) [See Note below] 34,372
Less: Tax on agricultural income plus basic exemption limit
i.e. tax on ` 3,40,000, (being ` 90,000 + ` 2,50,000) 9,000
Note : Tax on ` 3,25,136 plus agricultural income of ` 90,000 is computed hereunder :
Particulars `
Tax on long term capital gain
` 98,586 @ 20% 19,717
Tax on winnings from lotteries
` 40,000 @ 30% 12,000
Tax on balance income of ` 2,76,550 (` 4,15,136 – ` 98,586–` 40,000) 2,655
34,372
Note : Agricultural income is exempt from tax. It is considered for rate purpose only.
7. Any sum received under a life insurance policy is wholly exempt from tax under section
10(10D), subject to satisfaction of conditions given thereunder. In this case, it is
presumed that all the conditions are satisfied.
Question 23
Dr. Krishna furnishes you the following information:
Income and Expenditure Account for the year ended 31st March 2017
To Medicines consumed 42,42,000 By Fee receipts 58,47,500
To Staff salary 11,65,000 By Rent 27,000
To Hospital consumables 47,500 By Dividend from Indian 9,000
companies
To Rent paid 60,000
To Administrative expenses 1,23,000
To Net Income 2,46,000
58,83,500 58,83,500

(i) Rent paid includes rent for his residential accommodation of ` 30,000 (paid by cheque)
at Bangalore.
(ii) Hospital equipments (eligible for depreciation @ 15%)
01.04.2016 Opening WDV ` 5,00,000
07.12.2016 Acquire (Cost) ` 2,00,000
(iii) Medicines consumed include medicines (cost) ` 10,000 used for Dr. Krishna’s family.
(iv) Rent received – relates to a property situated at Mysore (Gross Annual Value).The
municipal tax of` 2,000 paid in December, 2016has been included in the “administrative
expenses”.
(v) He received ` 5,000 per month as salary from Full Cure Hospital. This has not been
included in the “fee receipts” credited to income and expenditure account.
(vi) He sold a vacant site in July, 2016for ` 6,00,000. It was inherited by him from his father
in January, 1998.The site was acquired by his father in December, 1990 for ` 1,50,000.
(Cost inflation index for F.Y 1990-91: 182; 1997-98: 331 and 2016-17:1125)
Compute Dr. Krishna’s taxable income for the year ended 31.03.2017.
Answer
Computation of taxable income of Dr. Krishna for the previous year ended 31.03.2017
Particulars ` `
Salary received @ ` 5,000 per month 60,000
Less: Municipal tax 2,000
Less: Deduction under section 24 @ 30% 7,500 17,500
Income from business or profession
Net income as per income & expenditure account 2,46,000
Add: Rent paid to residence 30,000
Medicines consumed – personal use 10,000
Municipal tax relating to let out property included in
administrative expenses – disallowed 2,000
2,88,000
Less: Depreciation (See working note 2) 90,000
Rent credited to income & expenditure account 27,000
Dividend from Indian companies [Exempt u/s10(34)] 9,000 1,62,000

8.64 Income-tax
Capital Gains (Long term capital gains)

Less: Indexed cost acquisition (` 1,50,000 x 1125/331) 5,09,819
(See Note 3) 90,181
Less: Deduction under Chapter VIA
Under section 80GG, rent paid would be allowable as a
deduction to the extent of the least of the following
(i) 25% of total income = 25% of ` 2,39,500 (See Note 1) 59,875
(ii) Excess of rent paid over 10% of total income
(` 30,000 -` 23,950) 6,050
(iii) ` 5,000 per month 60,000
Least of the above 6,050
Note :
1. Deduction under section 80GG is to be made from Gross Total Income. Gross Total
Income as defined under section 80B(5) means the total income computed in accordance
with the provisions of this Act, before making any deduction under Chapter VI-A. Under
section 112(2), Long term capital gains have to be reduced from Gross Total Income and
Chapter VI-A deductions should be allowed as if the Gross Total income so reduced were
the Gross Total Income of the assessee. Therefore, in this case, for the purpose of
allowing deduction u/s 80GG, Gross Total Income = ` 3,29,681 – ` 90,181 =
` 2,39,500.
2. Depreciation on plant & machinery
`
On opening WDV of ` 5,00,000 @ 15% 75,000
On equipment acquired ` 2,00,000 @ 7.5% 15,000
(50% thereon, since acquired in December)
90,000
3. Since the property was acquired by Dr. Krishna through inheritance, the cost of acquisition to
him will be the cost to the previous owner. However, indexation will be from the year in which
the assessee (i.e., Dr. Krishna in this case) first held the asset i.e. F.Y. 1997-98.
Alternative view: In the case of CIT v. Manjula J. Shah 16 Taxmann 42 (Bom.), the Bombay
High Court held that the indexed cost of acquisition in case of gifted asset can be computed
with reference to the year in which the previous owner first held the asset.
As per this view, this indexed cost of acquisition of property would be ` 9,27,198.

Question 24
Mr. Pankaj, aged 58 years, who retired from the services of the Central Government on
30.6.2016, furnishes particulars of his income and other details as under:
♦ Salary @ ` 6,000 p.m.
♦ Pension @ ` 3,000 p.m. for July2016to Nov2016.
♦ On 1.12.2016, he got 1/3rd of his pension commuted for ` 1,20,000.
♦ A house plot at Ernakulam sold on 1.2.2017for ` 5,00,000 had been purchased by him
on 3.11.1979 for ` 10,000. The stamp valuation authority had assessed the value of said
house plot at ` 6,00,000 which was neither disputed by the buyer nor by him. The value
of this house plot as on 1.4.1981 was ` 15,000 (The cost inflation index for the financial
year 2016-17is 1125).
♦ Received interest on bank FDRs of ` 72,500, dividend on mutual fund units of ` 15,000
and interest on maturity of NSC of ` 50,000 out of which an amount of ` 40,000 was
already disclosed by him on accrual basis in the returns upto assessment year 2016-17.
♦ Investment in purchase of NSC for ` 30,000 and payment for mediclaim insurance for
self and wife of ` 22,500.Made investment in PPF of` 80,000.
Compute the total income of Mr. Pankaj for A.Y. 2017-18.
In the event of Mr. Pankaj being ready to make appropriate investment for availing exemption
in respect of capital gain arising from sale of house plot, what will be the amount to be
invested and the period within which the same should be invested?
(a) if he wishes to avail exemption under section 54F by constructing a new residential house;
(b) if he wants to avail exemption under section 54EC.
Answer
Computation of total income of Mr. Pankaj for A.Y.2017-18
Particulars `
Income from salaries (See Working Note 1) 41,000
Capital gains (See Working Note 2) 4,31,250
Income from other sources (See Working Note 3) 82,500
Less: Deductions under Chapter VI-A (See Working Note 4) 1,23,500

8.66 Income-tax
Working Notes:
1. Income from salaries
Particulars `
Salary for 3 months received from Government of India (` 6000 x 3) 18,000
Pension for 5 months from July 2016 to Nov2016 @ ` 3000 p.m. (` 3000 x 5) 15,000
Pension for 4 months from Dec 2016 to March2017@ ` 2,000 p.m.(` 2,000 x 4) 8,000
41,000
Note : Commuted value of pension of ` 1,20,000 received from the Central Government
is fully exempt under section 10(10A).
2. Capital gains
Particulars `
Long term capital gains on sale of house plot at Ernakulam on
01.02.2017
Sale consideration received is ` 5,00,000. However, since the value 6,00,000
assessed by the stamp valuation authority (i.e. ` 6,00,000) is higher
than the sale consideration, such value assessed is deemed to be the
full value of the consideration received or accruing as a result of such
transfer as per section 50C
Less: Indexed cost of acquisition
` 15,000 x1125/100 1,68,750
4,31,250
Particulars ` `
Interest on bank FDRs 72,500
Dividend of ` 15,000 on units of Mutual Fund [exempt under -
section 10(35)]
Interest on maturity of NSC 50,000
Less: Interest already shown on accrual basis in the past returns 40,000 10,000
82,500
4. Deductions under Chapter VI-A
Particulars ` `
Under section 80C
Purchase of NSC 30,000

Investment in PPF 80,000 1,10,000

Under section 80D
Medical insurance premium paid ` 22,500 (assumed to
have been paid by cheque) 22,500
1,32,500
Restricted to Gross total income (excluding Long Term 1,23,500
Capital Gains)
Investment in approved modes
Section 54F (by constructing a new house)
In order to avail exemption under section 54F by constructing a new residential house, the
assessee should construct a residential house within three years from the date of transfer
of house plot. To avail the maximum exemption, the entire net consideration received from
sale of house plot should be invested. If only part of the net consideration is invested, then
proportionate exemption of long term capital gains would be available i.e.
Amount invested in new residential house
Long term capital gain ×
Net sale consideration
Section 54EC
In order to avail maximum exemption under section 54EC, the assessee should invest
the entire long-term capital gain arising from transfer of the house plot, i.e. ` 4,31,250,
within six months from the date of sale of house plot, in bonds of National Highways
Authority of India (NHAI) or Rural Electrification Corporation Ltd. (RECL).If only part of
the capital gain is invested, then the exemption would be restricted to the amount
invested in such bonds.
Question 25
The broad break-up of tax and allied details of Mrs. Rinku, born on 30th March, 1956 are as under:
Particulars `
Long-term capital gains on sale of house 2,00,000
Short-term capital gains on sale of shares in B Pvt. Ltd. 30,000
Prize winning from a T.V. show 20,000
Business income 2,20,000
Net agricultural income 40,000
Mrs. Rinku has paid the following:
LIC premium of self 40,000
LIC premium of husband 20,000
Compute the tax payable by Mrs. Rinku for the assessment year 2017-18.

8.68 Income-tax
Answer
Computation of tax payable by Mrs. Rinku for the A.Y.2017-18
Particulars ` `
Step 1
Agricultural income and Non-agricultural income (` 40,000 + 4,50,000
` 4,10,000) [For computation of non-agricultural income,
see Note 1 below]
Tax on the above income
(i) Tax on long-term capital gain of` 1,30,000 @ 20% [` 26,000
2,00,000 –` 70,000 (unexhausted basic exemption limit i.e.
` 3,00,000 - ` 2,30,000)
(ii) Tax on winnings of ` 20,000 from a T.V. show @ 30% 6,000
(iii) Tax on balance income of ` 2,30,000 Nil 32,000
Total tax on ` 4,50,000 32,000
Step 2
Basic exemption limit to agricultural income (` 3,00,000 + 3,40,000
` 40,000)
Tax on ` 3,40,000 4,000
Step 3
Tax on non-agricultural income (Tax under step 1 – Tax
under step 2) (` 32,000 – ` 4,000) 28,000
23,000
Add:Education cess @ 2% 460
Add: Secondary and higher education cess @ 1% 230
Tax payable by Mrs. Rinku 23,690
Notes:
1. Computation of total income of Mrs. Rinku for the A.Y.2017-18
Particulars ` `
Business income 2,20,000
Long term capital gains on sale of house 2,00,000
Short term capital gains on sale of shares in B Pvt. Ltd 30,000
Prize winnings from a T.V. show 20,000


Less: Deduction under section 80C
Life insurance premium of self 40,000
Life insurance premium of husband 20,000 60,000
2. Mrs. Rinku turns60years of age on 30.03.2017 Therefore, she is a senior citizen for the
P.Y. 2016-17 and is entitled to the higher basic exemption limit of ` 3,00,000.
3. Short-term capital gains on sale of shares in B Pvt. Ltd. is taxable at normal rates.
Question 26
Ramdin working as Manager (Sales) with Frozen Foods Ltd., provides the following
− Basic Salary ` 15,000 p.m.
− DA (50% of it is meant for retirement benefits) ` 12,000 p.m.
− Commission as a percentage of turnover of the Company 0.5 %
− Turnover of the Company ` 50 lacs
− Bonus ` 50,000
− Gratuity ` 30,000
− Own Contribution to R.P.F. ` 30,000
− Employer’s contribution to R.P.F. 20% of basic salary
− Interest credited in the R.P.F. account @ 15% p.a.. ` 15,000
− Gold Ring worth ` 10,000 was given by employer on his 25th wedding anniversary.
− Music System purchased on 01.04.2016by the company for ` 85,000 and was given to
him for personal use.
− Two old heavy goods vehicles owned by him were leased to a transport company
against the fixed charges of ` 6,500 p.m. Books of account are not maintained.
− Received interest of ` 5,860 on bank FDRs, dividend of ` 1,260 from shares of Indian
Companies and interest of ` 7,540 from the debentures of Indian Companies.
− Made payment by cheques of ` 15,370 towards premium of Life Insurance policies and
` 12,500 for Mediclaim Insurance policy.
− Invested in NSC ` 30,000 and in FDR of SBI for 5 years ` 50,000.
− Donations of ` 11,000 to an institution approved u/s 80G and of ` 5,100 to Prime
Minister’s National Relief Fund were given during the year by way of cheque.
Compute the total income and tax payable thereon for the A.Y. 2017-18.

8.70 Income-tax
Answer
Computation of Total Income for the A.Y.2017-18
Particulars ` ]`
Basic Salary (` 15,000 x 12) 1,80,000
Dearness Allowance (` 12,000 x12) 1,44,000
Commission on Turnover (0.5% of ` 50 lacs) 25,000
Bonus 50,000
Gratuity (Note 1) 30,000
Employer’s contribution to recognized provident fund
Actual contribution [20% of ` 1,80,000] 36,000
Less: Exempt (Note 2) 33,240 2,760
Interest credited in recognized provident fund account 15,000
@15% p.a.
Less: Exempt upto 9.5% p.a. 9,500 5,500
Gift of gold ring worth ` 10,000 on 25th wedding 10,000
anniversary by employer (See Note 3)
Perquisite value of music system given for personal use
(being 10% of actual cost) i.e. 10% of ` 85,000 8,500
4,55,760
Profits and Gains of Business or Profession
Lease of 2 trucks on contract basis against fixed charges
of ` 6,500 p.m. In this case, presumptive tax provisions of 1,80,000
section 44AE will apply i.e. ` 7,500 p.m. for each of the
two trucks (7,500x 2 x12). He cannot claim lower profits
and gains since he has not maintained books of account.
Interest on bank FDRs 5,860
Interest from debentures 7,540
Dividend on shares [Exempt under section 10(34)] Nil 13,400
Gross total Income 6,49,160
Section 80C
Premium on life insurance policy 15,370
Investment in NSC 30,000
FDR of SBI for 5 years 50,000

Employee’s contribution to recognized provident fund 30,000 1,25,370

Section 80D - Mediclaim Insurance 12,500
Section 80G (Note 4) 10,600
Tax on total income
Income-tax 25,138
Add: Education cess @ 2% 503
Add: Secondary and higher education cess @ 1% 251
Total Tax Payable 25,892
Tax Payable (rounded off) 25,890
Notes:
1. Gratuity received during service is fully taxable.
2. Employer’s contribution in the recognized provident fund is exempt up to 12% of the
salary i.e. 12% of (Basic Salary + DA for retirement benefits + Commission based on
turnover)
=12% of (` 1,80,000+ (50% of ` 1,44,000)+ ` 25,000)
=12% of 2,77,000 = ` 33,240
3. An alternate view possible is that only the sum in excess of ` 5,000 is taxable in view of
the language of Circular No.15/2001 dated 12.12.2001 that such gifts upto ` 5,000 in the
aggregate per annum would be exempt, beyond which it would be taxed as a perquisite.
As per this view, the value of perquisite would be ` 5,000. In such a case the Income
from Salaries would be ` 4,50,760.
4. Deduction under section 80G is computed as under:
Particulars `
Donation to PM National Relief Fund (100%) 5,100
Donation to institution approved under section 80G (50% of ` 11,000)
(amount contributed ` 11,000 or 10% of Adjusted Gross Total Income i.e.
` 51,129, whichever is lower) 5,500
Total deduction 10,600
Adjusted Gross Total Income =Gross Total Income − Deductions under section 80C and
80D=` 6,49,160−` 1,37,870 =` 5,11,290.
Question 27
Dr. Niranjana, a resident individual, aged 60 years is running a clinic. Her Income and
Expenditure Account for the year ending March 31st, 2017is as under:

8.72 Income-tax
Expenditure ` Income `
To Medicine consumed 35,38,400 By Consultation and Medical 58,85,850
charges
To Staff salary 13,80,000 By Income-tax refund 5,450
(Principal ` 5,000,
interest ` 450)
To Clinic consumables 1,10,000 By Dividend from units of 10,500
UTI
To Rent paid 90,000 By Winning from game
show on T.V. (net of 35,000
TDS of ` 15,000)
To Administrative expenses 2,55,000 By Rent 27,000
To Amount paid to scientific 1,50,000
research association
approved under section 35
To Net profit 4,40,400
59,63,800 59,63,800
(i) Rent paid includes ` 30,000 paid by cheque towards rent for her residential house in Surat.
(ii) Clinic equipments are:
1.4.2016 Opening W.D.V. - ` 5,00,000
7.12.2016 Acquired (cost) - ` 2,00,000
(iii) Rent received relates to property situated at Surat. Gross Annual Value ` 27,000. The
municipal tax of ` 2,000, paid in December, 2016, has been included in "administrative
expenses".
(iv) She received salary of ` 7,500 p.m. from "Full Cure Hospital" which has not been
included in the "consultation and medical charges".
(v) Dr. Niranjana availed a loan of ` 5,50,000 from a bank for higher education of her
daughter. She repaid principal of ` 1,00,000, and interest thereon ` 55,000 during the
year 2016-17.
(vi) She paid ` 1,00,000 as tuition fee (not in the nature of development fees/ donation) to
the university for full time education of her daughter.
(vii) An amount of ` 28,000 has also been paid by cheque on 27 th March, 2017for her medical
insurance premium.
From the above, compute the total income of Dr. Smt. Niranjana for the A.Y.2017-18.

Answer
Computation of total income and tax liability of Dr. Niranjana for A.Y. 2017-18
Particulars ` ` `
I Income from Salary
Basic Salary (` 7,500 x 12) 90,000
II Income from house property
Gross Annual Value (GAV) 27,000
Less : Municipal taxes paid 2,000
Less: Deduction u/s 24 @ 30% of` 25,000 7,500 17,500
III Income from profession
Less : Items of income to be treated separately
(i) Rent received 27,000
(ii) Dividend from units of UTI 10,500
(iii) Winning from game show on T.V.(net of TDS) 35,000
(iv) Income tax refund 5,450 77,950
3,62,450
Less : Allowable expenditure
Depreciation on Clinic equipments
on ` 5,00,000 @ 15% 75,000
on ` 2,00,000 @ 7.5% 15,000
(On equipments acquired during the year after
September 2016 she is entitled to depreciation @
50% of normal depreciation)
Additional deduction of 75% for amount paid to
scientific research association (Since weighted
deduction of 175% is available in respect of such
payment) 1,12,500 2,02,500
1,59,950
Add: Items of expenditure not allowable while
computing business income
(i) Rent for her residential accommodation 30,000
included in Income and Expenditure A/c

8.74 Income-tax
(ii) Municipal tax paid relating to residential

house at Surat included in administrative
expenses 2,000 32,000 1,91,950
IV Income from other sources
(a) Interest on income-tax refund 450
(b) Dividend from UTI 10,500
Less : Exempt under section 10(35) 10,500 Nil
(c) Winnings from the game show on T.V.
(` 35,000 + ` 15,000) 50,000 50,450
Less: Deductions under Chapter VI A:
(a) Section80C - Tuition fee paid to university for
full time education of her daughter 1,00,000
(b) Section 80D - Medical insurance premium (fully
allowed since she is a senior citizen) 28,000
(c) Deduction under section 80E - Interest on loan
taken for higher education is deductible 55,000 1,83,000
Notes:
(i) The principal amount received towards income-tax refund will be excluded from
computation of total income. Interest received will be taxed under the head “Income from
other sources”.
(ii) Winnings from game show on T.V. should be grossed up for the chargeability under the
head “Income from other sources” (` 35,000 + ` 15,000). Thereafter, while computing
tax liability, TDS of ` 15,000 should be deducted to arrive at the tax payable. Winnings
from game show are subject to tax @30% as per section 115BB.
(iii) Since Dr. Niranjana is staying in a rented premise in Surat itself, she would not be
eligible for deduction u/s 80GG, since she owns a house in Surat which she has let out.
Question 28
Dr. Parekh is a resident individual. His Income and Expenditure Account for the year ending
31st March, 2017is given below:
To ` By `
Salary to staff 3,78,000 Consultation fees 51,85,000
Cost of medicine 36,35,000 Cost of medicines recovered 7,85,000

Rent 66,000 Stock of medicine 25,000

Administrative cost 11,98,000 Interest on Post Office MIS 86,400
Advance tax 1,40,000 Interest on Time Deposit with 27,000
bank (Net of TDS ` 3,000)
Membership fees 5,000 Rent received 20,000
Depreciation on apparatus 42,500 Winning from lotteries (Net of 7,000
TDS ` 3,000)
Net profit 6,70,900
61,35,400 61,35,400
(i) He has deposited ` 1,20,000 in PPF.

(ii) He received salary of ` 1,50,000 and commission of ` 50,000 from a nursing home in
which Dr. (Mrs.) Parekh is also an equal partner.
(iii) He received fees of ` 50,000 from University of Trividad as lecturer.
(iv) Received pension of ` 84,000 from LIC Jeevan Suraksha.
(v) Paid ` 32,500 by cheque as mediclaim insurance premium for his medical treatment.
(vi) He paid LIC premium of ` 80,000 for his own life.
(vii) Cost of administration includes ` 3,000 paid for municipal tax for the house let out to a
tenant.
(viii) Depreciation as per Income-tax Rules, 1962 to be computed as follows:
WDV as on 1.4.2016 `3,00,000
Rate of depreciation @ 15%
(ix) Cost of lottery tickets amounting to ` 350 has not been debited to Income and
Expenditure account.
You are required to compute the total income and tax payable thereon by Dr. Parekh for the
Answer
Computation of total Income and tax payable by Dr. Parekh for the A.Y. 2017-18
Particulars ` `
Income from House Property (Note 1) 11,900
Profits and gains of business or profession (Note 2) 8,71,000
Income from other sources (Note 3) 2,60,400

8.76 Income-tax

(i) Deduction under section 80C
Investment in PPF 1,20,000
Life insurance premium paid 80,000
2,00,000
Deduction restricted to 1,50,000
(ii)Deduction under section 80D
Mediclaim premium of ` 32,500 paid by cheque for
himself. However, deduction restricted to 25,000 1,75,000
Components of Total Income
Special income :
Winning from lotteries (chargeable at special rate @ 30% 10,000
under section 115BB)
Normal income 9,58,300
9,68,300
Computation of Tax
Tax on winnings from lotteries @ 30% 3,000
Tax on normal income (` 9,58,300)
First ` 2,50,000 Nil NIL
Next ` 2,50,000 10% 25,000
Balance ` 4,58,300 20% 91,660 1,16,660
Income tax payable 1,19,660
Add: Education cess @2% 2,393
Secondary and higher education cess @1% 1,197
Total Tax Payable 1,23,250
Less: Tax deducted at source
From Interest 3,000
From lottery income 3,000 6,000
1,17,250
Less : Advance tax paid 1,40,000
Refund (-) 22,750

Notes:
1. Computation of Income from House Property
Particulars `
Gross Annual Value – Rent received (treated as fair rent) 20,000
Less : Municipal taxes paid 3,000
Less : Statutory deduction under section 24 @ 30% of NAV 5,100
Income from House Property 11,900
2. Computation of Profits and gains of business or profession
Particulars ` `
Net Profit as per Income & Expenditure Account 6,70,900
Add : Depreciation charged 42,500
Municipal Taxes paid 3,000
Advance Tax (See Note-4) 1,40,000 1,85,500
8,56,400
Less: Rent received 20,000
Interest on Post Office MIS 86,400
Interest on Term Deposit with bank (Net of TDS) 27,000
Winning from lotteries (Net of TDS) 7,000
Depreciation as per Income-tax Act, 1961 45,000 1,85,400
6,71,000
Salary from Nursing Home as partner 1,50,000
Commission from Nursing home as partner 50,000 2,00,000
Income from business 8,71,000
3. Computation of Income from Other Sources
Particulars `
Interest Post Office MIS 86,400
Interest on Term Deposit with Bank (Gross) 30,000
Winning from lotteries (Gross) 10,000
Fees from University of Trividad 50,000
Pension from LIC Jeevan Suraksha 84,000
4. Advance Tax is not allowable as deduction.

8.78 Income-tax
5. Depreciation of Apparatus : `
WDV as on 1.4.2016 3,00,000
Depreciation @15% 45,000
WDV as on 31.3.2017 2,55,000
6. Any salary, bonus, commission or remuneration by whatever name called due to or
received by a partner of a firm from the firm shall not be treated as salary but it shall be
treated as income from business or profession for the purposes of section 28.
7. As per section 58(4), no expenditure can be allowed against winnings from lotteries.
Therefore, amount spent on lottery tickets being ` 350, cannot be allowed as deduction
from income from winnings of lotteries.
8. Pension from LIC Jeevan Suraksha is taxable as Income from other sources.
Question 29
From the following particulars furnished by Mr. X for the year ended 31.3.2017, you are
requested to compute his total income and tax payable for the assessment year 2017-18.
(a) Mr. X retired on 31.12.2016at the age of 58, after putting in 25 years and 9 months of
service, from a private company at Mumbai.
(b) He was paid a salary of ` 25,000 p.m. and house rent allowance of ` 6,000 p.m. He paid
rent of ` 6,500 p.m. during his tenure of service.
(c) On retirement, he was paid a gratuity of ` 3,50,000.He was not covered by the payment
of Gratuity Act. His average salary in this regard may be taken as ` 24,500.Mr. X had not
received any other gratuity at any point of time earlier, other than this gratuity.
(d) He had accumulated leave of 15 days per annum during the period of his service; this
was encashed by Mr. X at the time of his retirement. A sum of ` 3,15,000 was received
by him in this regard. His average salary may be taken as ` 24,500. Employer allowed 30
days leave per annum.
(e) After retirement, he ventured into textile business and incurred a loss of ` 80,000 for the
period upto 31.3.2017.
(f) Mr. X has invested ` 62,500 in public provident fund and ` 37,500 in National Savings
Certificates.
Answer
Computation of total income of Mr. X for A.Y.2017-18
Particulars ` `
Basic salary (` 25,000 x 9 months) 2,25,000
House rent allowance

Actual amount received 54,000

Less : Exemption under section 10(13A)(Note 1) 36,000 18,000
Gratuity
Actual amount received 3,50,000
Less: Exemption under section 10(10)(iii) (Note 2) 3,06,250 43,750
Leave encashment
Actual amount received 3,15,000
Less : Exemption under section 10(10AA) (Note 3) 2,45,000 70,000
Business loss of ` 80,000 to be carried forward as the same
cannot be set off against salary income Nil
Less : Deduction under section 80C
Investment in public provident fund 62,500
Investment in NSC 37,500 1,00,000
Tax on total income 675
Less: Rebate under section 87A 675
Tax payable Nil
Note :
(1) As per section 10(13A), house rent allowance will be exempt to the extent of least of the
following three amounts:
(i) HRA actually received (6,000 x 9) 54,000
(ii) Rent paid in excess of 10% of salary (` 6,500 – ` 2,500) x 9 months 36,000
(iii) 50% salary 1,12,500
(2) Gratuity of ` 3,06,250 is exempt under section 10(10)(iii), being the minimum of the
following amounts :
(i) Actual amount received 3,50,000
(ii) Half month average salary for each year of completed service(1/2 x 3,06,250
24,500 x 25)
(iii) Statutory limit 10,00,000
(3) Leave enchashment is exempt upto the least of the following:
(i) Actual amount received 3,15,000

8.80 Income-tax
(ii) 10 months average salary (24,500 x 10) 2,45,000

(iii) Cash equivalent of unavailed leave calculated on the basis of
maximum 30 days for every year of actual service rendered to the
employer from whose service he retired (See Note 4 below) 3,06,250
(iv) Statutory limit 3,00,000
(4) Since the leave entitlement of Mr. X as per his employer’s rules is 30 days credit for each
year of service and he had accumulated 15 days per annum during the period of his
service, he would have availed/taken the balance 15 days leave every year.
Leave entitlement of Mr. X on the basis of
30 days for every year of actual service
rendered by him to the employer = 30 days/year x 25= 750 days
Less: Leave taken /availed by Mr. X during
the period of his service = 15 days/year x 25= 375 days
Earned leave to the credit of Mr. X at the time of his retirement 375 days
Cash equivalent of earned leave to the
credit of Mr. X at the time of his retirement = 375 × 24,500 /30= ` 3,06,250
Question 30
(i) Smt. Savita Rani was born on 01.07.1950.She is a Deputy Manager in a Company in
Mumbai. She is getting a monthly salary and D.A. of ` 45,000 and ` 12,000 respectively.50%
of DA forms part of pay. She also gets a House Rent Allowance of ` 6,000 per month. She is
a member of Recognised P.F. wherein she contributes 15% of her salary of ` 51,000 p.m.
(45,000 + 6,000, being 50% of DA).Her employer also contributes an equal amount.
(ii) She is living in the house of her minor son in Mumbai.
(iii) During the previous year 2016-17, her minor son has earned an income of ` 30,000
(computed) as rent from a House Property, which had been transferred to him by Smt.
Savita Rani without consideration a few years back.
(iv) During the previous year 2016-17, she sold Government of India Capital Indexed Bonds
for ` 1,50,000 on 30.09.2016, which she purchased on 01.07.2001 for ` 80,000 (Cost
inflation index – F.Y. 2001-2002: 426 and for the F.Y. 2016-17: 1125).
(v) Her employer gave her an interest free loan of ` 1,50,000 on 01.10.2016 to one of her
son’s wife for the purchase of an Alto Maruti Car. Nothing has been repaid to the company
towards the loan. The lending rate on SBI for a similar loan is 8% as on 01.04.2016.
(vi) During the previous year 2016-17she paid ` 15,000 by cheque to GIC towards Medical
Insurance Premium of her dependent mother.
Compute the taxable income and tax liability of Mrs. Savita Rani for the A.Y. 2017-18.

Answer
Computation of taxable income and tax liability of Smt. Savita Rani for A.Y. 2017-18
Particulars ` `
Income from salary
Basic salary (` 45,000 х 12) 5,40,000
Dearness Allowance (` 12000 х 12) 1,44,000
House Rent allowance (fully taxable) 72,000
Employer’s contribution to recognized provident fund in excess
of 12% is taxable as salary income
12% of salary is ` 73,440. Employer’s contribution is 15% of
salary, which is ` 91,800
Excess contribution is (` 91,800 – ` 73,440) 18,360
Perquisite in respect of interest free loan (` 1,50,000 x 8%x ½) 6,000
Net Salary 7,80,360
Income from house property (See Note below) 30,000
Long term Capital Gain:
Sale consideration of GOI capital indexed bonds 1,50,000
Less: Indexed cost of acquisition (` 80,000 x 1125/426) 2,11,268
Long-term capital loss (to be carried forward) 61,267
Deduction under section 80C – in respect of recognized 91,800
provident fund contribution
Deduction under section 80D – Mediclaim 15,000 1,06,800
Tax Payable on ` 7,03,560 60,712
Add : Education cess and Secondary and higher education cess
@ 3% 1,821
Total tax payable (rounded off) 62,530
Note: As per section 27, any property transferred to the minor child without adequate
consideration would be deemed to be the property of the assessee. Therefore, the income from
house property of ` 30,000 (computed) is to be assessed in the hands of Smt. Savita Rani.

8.82 Income-tax
Question 31
Ramesh retired as General manager of XYZ Co. Ltd. on 30.11.2016after rendering service for
20 years and 10 months. He received ` 3,00,000 as gratuity from the employer. (He is not
covered by Gratuity Act, 1972).
His salary particulars are given below :
Basic pay ` 10,000 per month up to 30.6.2016
Basic pay ` 12,000 per month from 1.7.2016
Dearness allowance (Eligible for retirement benefits) 50% of basic pay
Transport allowance ` 2,300 per month
He resides in his own house. Interest on monies borrowed for the self occupied house is
` 24,000 for the year ended 31.03.2017.
From a fixed deposit with a bank, he earned interest income of ` 18,000 for the year ended
31.03.2017.
Compute taxable income of Ramesh for the year ended 31.03.2017.
Answer
Computation of taxable income of Ramesh for the A.Y.2017-18
Particulars ` `
Income from salary
Basic pay : April to June(` 10,000 х 3) 30,000
Basic pay : July to November (` 12,000 х 5) 60,000
Dearness allowance @ 50% basic pay 45,000
Transport allowance (` 2,300 х 8) less exemption @ ` 1,600
per month (` 18,400 – ` 12,800) 5,600
Gratuity
(i) Statutory limit ` 10,00,000
(ii) Half month average salary [See Note below]
` 8,100 х 20 yrs = ` 1,62,000
(iii) Actual amount received = ` 3,00,000
Least of the above i.e. ` 1,62,000 is exempt. Balance is taxable
(` 3,00,000 – ` 1,62,000) 1,38,000
2,78,600
Income from house property:
Self occupied – ALV Nil

Less: Interest on monies borrowed under section 24(b) 24,000 (24,000)

Fixed deposit interest 18,000
Note :
Average salary of 10 months preceding the month of retirement is to be computed :`
Basic pay ` 10,000 x 6 60,000
Basic pay ` 12,000 x 4 48,000
Total 1,08,000
Add: 50% of Dearness Allowance–eligible for retirement benefits 54,000
1,62,000
Average salary : ` 1,62,000/10 16,200
Half month average salary ` 16,200 / 2 8,100
Question 32
Rosy and Mary are sisters, born and brought up at Mumbai. Rosy got married in 1982 and settled
at Canada since 1982.Mary got married and settled in Mumbai. Both of them are below 60 years.
The following are the details of their income for the previous year ended 31.3.2017:
S.No. Particulars Rosy Mary
` `
1. Pension received from State Government -- 10,000
2. Pension received from Canadian Government 20,000 --
3. Long-term capital gain on sale of land at Mumbai 1,00,000 50,000
4. Short-term capital gain on sale of shares of Indian 20,000 2,50,000
listed companies in respect of which STT was paid
5. LIC premium paid -- 10,000
6. Premium paid to Canadian Life Insurance Corporation 40,000 --
at Canada
7. Mediclaim policy premium paid -- 25,000
8. Investment in PPF -- 20,000
9. Rent received in respect of house property at Mumbai 60,000 30,000
Compute the taxable income and tax liability of Mrs. Rosy and Mrs. Mary for the Assessment
Year 2017-18and tax thereon.

8.84 Income-tax
Answer
Computation of taxable income of Mrs. Rosy and Mrs. Mary for the A.Y.2017-18
S. No. Particulars Mrs. Mrs. Mary
Rosy
` `
(I) Salaries
Pension received from State Government - 10,000
Pension received from Canadian Government is not
taxable in the case of a non-resident since it is
earned and received outside India
- 10,000
(II) Income from house property
Rent received from house property at Mumbai 60,000 30,000
(assumed to be the annual value in the absence of
other information i.e. municipal value, fair rent and
standard rent)
Less: Deduction under section 24(a) @ 30% 18,000 9,000
42,000 21,000
(III) Capital gains
Long-term capital gain on sale of land at Mumbai 1,00,000 50,000
Short term capital gain on sale of shares of Indian
listed companies in respect of which STT was paid 20,000 2,50,000
1,20,000 3,00,000
(A) Gross Total Income [(I)+(II)+(III)] 1,62,000 3,31,000
1. Deduction under section 80C
1. LIC Premium paid - 10,000
2. Premium paid to Canadian Life Insurance 40,000
Corporation
3. Investment in PPF - 20,000
40,000 30,000
2. Deduction under section 80D – Mediclaim premium
paid (assuming that the same is paid by cheque) 25,000
40,000 55,000

(B) Total deduction under Chapter VIA is restricted to

income other than capital gains taxable under
sections 111A & 112 40,000 31,000
(C) Total income (A-B) 1,22,000 3,00,000
Tax liability of Mrs. Rosy for A.Y. 2017-18
Tax on long-term capital gains @ 20% 20,000
Tax on short-term capital gains @ 15% 3,000
23,000
Tax liability of Mrs. Mary for A.Y.2017-18
Tax on short-term capital gains @ 15% of ` 50,000
[i.e. ` 2,50,000 less ` 2,00,000, being the
unexhausted basic exemption limit as per proviso to
section 111A] 7,500
2,500
Education cess @ 2% & SHEC@ 1% 690 75
Total tax payable 23,690 2,575
Notes :
(1) Long-term capital gains is chargeable to tax @ 20% as per section 112.
(2) Short-term capital gains on transfer of equity shares in respect of which securities
transaction tax is paid is subject to tax @ 15% as per section 111A.
(3) In case of resident individuals, if the basic exemption limit is not fully exhausted against
other income, then the long-term capital gains/short-term capital gains will be reduced by
the unexhausted basic exemption limit and only the balance will be taxed at 20%/15%
respectively. However, this benefit is not available to non-residents. Therefore, while Mrs.
Mary can adjust there unexhausted basic exemption limit against long-term capital gains
and short-term capital gains taxable under section 111A, Mrs. Rosy cannot do so.
(4) Since long-term capital gains is taxable at the rate of 20% and short-term capital gains is
taxable at the rate of 15%, it is more beneficial for Mrs. Mary to first exhaust her basic
exemption limit of ` 2,50,000 against long-term capital gains of ` 50,000 and the balance
limit of ` 2,00,000 (i.e., 2,50,000 – 50,000) against short-term capital gains.
Question 33
Mr. Rajesh is serving in a public limited company as General Manager (Finance). His total
emoluments for the year ended 31 st March, 2017are as follows:
Basic Salary ` 5,40,000
HRA (Computed) ` 1,80,000
Transport allowance ` 22,000

8.86 Income-tax
Apart from the above, his employer has sold the following assets to him on 1 st January, 2017:
(i) Laptop computer for ` 20,000 (Acquired in September, 2015 for ` 1,20,000)
(ii) Car 1800 cc for ` 3,20,000 (purchased in April, 2014 for ` 8,50,000)
He also owns a residential house, let out for a monthly rent of ` 15,000. The fair rental value
of the property for the let out period is ` 1,50,000. The house was self-occupied by him from
1st January, 2017to 31st March, 2017.He has taken a loan from bank of ` 20 lacs for the
construction of the property, and has repaid ` 1,05,000 (including interest ` 40,000) during
the year.
Mr. Rajesh sold shares of different Indian companies on 14 th April, 2016:
Name Sale value Purchase price Acquired on No. of shares
(per share) (per share)
A Ltd. ` 150 ` 120 2nd May, 2009 200
B Ltd. ` 82 ` 65 16th April, 2015 125
Sale proceeds were subject to brokerage of 0.1% and securities transaction tax of 0.125% on
the gross consideration. He received income-tax refund of ` 5,750 (including interest ` 750)
relating to the assessment year2015-16.
Compute the total income of Mr. Rajesh for the Assessment Year 2017-18.
Answer
Computation of total income of Mr. Rajesh for the A.Y. 2017-18
Particulars `
Income from salaries (Working Note 1) 9,86,800
Income from house property (Working Note 2) 1,00,000
Capital gains
Short-term capital gains (Working Note 3) 2,115
Income from other sources: Interest on Income-tax refund 750
Less: Deduction under Chapter VIA
Repayment of housing loan (principal) [See Note below] 65,000

Working Notes:
Particulars ` `
1. Income from salaries
Basic Salary 5,40,000
HRA (computed) 1,80,000
Transport allowance 22,000
Less: Exempt under section 10(14) [` 1,600 ×12] 19,200 2,800
Perquisites (relating to sale of movable assets by
employer)
Laptop Computer
Cost [September, 2015] 1,20,000
Less: Depreciation at 50% for one completed year 60,000
WDV [September, 2016] 60,000
Less: Amount paid to the employer 20,000
Perquisite value of laptop (A) 40,000
Car
Cost [April, 2014] 8,50,000
Less: Depreciation for the year
1st
(April’14 to March’15) @ 20% of WDV 1,70,000
WDV [April, 2015] 6,80,000
Less: Depreciation for the 2nd
year
(April’15 to March’16) @ 20% of WDV 1,36,000
WDV [April, 2016] 5,44,000
Less: Amount paid to the employer 3,20,000
Perquisite value of car (B) 2,24,000
Perquisite value (A) + (B) 2,64,000
Income chargeable under the head “Salaries” 9,86,800
Section 23(2) provides that the annual value of a self-occupied house shall be taken
as Nil. However, section 23(3) provides that the benefit of self-occupation would not
be available if the house is actually let during the whole or part of the previous year.
This implies that the benefit of taking the annual value as nil would be available only
if the house is self-occupied for the whole year.

8.88 Income-tax
In this case, therefore, the benefit of taking annual value as Nil is not available
since the house is self-occupied only for 3 months. In such a case, the gross annual
value has to be computed as per section 23(1). Accordingly, the fair rent for the
whole year should be compared with the actual rent for the let-out period and
whichever is higher shall be adopted as the Gross Annual Value.
Particulars ` `
Gross Annual Value (higher of fair rent for the whole year 2,00,000
and actual rent for the let-out period)
Fair rent for the whole year = ` 1,50,000 × 12/9 2,00,000
Actual rent received = ` 15,000 × 9 1,35,000
30% of NAV 60,000
Interest on loan [See Note below] 40,000 1,00,000
Income from house property 1,00,000
Note : It is presumed that the interest of ` 40,000 paid on housing loan represents
the interest actually due for the year.
3. Income chargeable as “Capital Gains”
Section 10(38) exempts long-term capital gain on sale of equity shares of a
company, if such transaction is chargeable to securities transaction tax. Since
Mr. Rajesh has held shares of A Ltd. for more than 12 months, the gains arising
from sale of such shares is a long-term capital gain, which is exempt under section
10(38), since securities transaction tax has been paid on such sale.
Shares in B Ltd. are held for less than 12 months and hence the capital gains
arising on sale of such shares is a short-term capital gain chargeable to tax @15%
as per section 111A, since the transaction is subject to securities transaction tax. It
may be noted, however, that securities transaction tax is not a deductible
expenditure.
Short-term capital gains arising from sale of shares of B Ltd.
Sale consideration (82 × 125) 10,250
Less: Brokerage @ 0.1% 10
Net sale consideration 10,240
Cost of acquisition (65 x 125) 8,125
Short-term capital gains 2,115

Question 34
Mr. Ram, who does not maintain books of account for the year ended 31.3.2017, requests you
to compute his total income and the tax payable thereon for the assessment year 2017-18from
the following: `
(i) Basic Salary - 20,000 p.m.
CCA - 1,000 p.m.
HRA - 5,000 p.m.
(ii) Ram resides in Chennai, paying a rent of ` 6,000 per month.
(iii) Ram is paid an education allowance of ` 500 per month per child for all the three of his
children. Actual expenses (tuition fees only) amounts to ` 15,000, ` 10,000 and ` 5,000
respectively.
(iv) He bought a heavy goods vehicle on 7.6.2016and has been letting it on hire from the
same date. He declares an income of ` 34,900 from the same.
(v) Interest from company deposits is ` 15,000 and bank interest from saving bank account
is ` 5,000.
(vi) Interest is payable on bank loans availed for buying the truck and making company
deposits as follows:-
Purpose Date of loan Amount Interest rate
Truck purchase 1.4.2016 5 lakhs 10% p.a.
Company deposit 1.10.2016 1 lakh 9 % p.a.
(vii) Loss carried forward arising from speculating in shares during the preceding previous
year and eligible for set-off is ` 1,00,000.
(viii) Ram has invested ` 12,000 in notified equity linked saving scheme of UTI, ` 52,000 in
PPF, ` 9,000 as premium on life insurance policy taken on 31.07.2013 on his own life
(sum assured ` 40,000) and ` 15,000 towards pension fund of LIC.
Answer
Computation of total income of Mr. Ram for the Assessment Year 2017-18
Particulars ` `
Income from Salary
Basic Salary ( ` 20,000 × 12) 2,40,000
CCA (` 1,000 × 12) 12,000
HRA (` 5,000 × 12) 60,000
Less: Exempt under section 10(13A) [See Note 1 below] 48,000 12,000

8.90 Income-tax
Education Allowance (` 500×12×3) 18,000

Less: Exempt under section 10(14) (` 100×12×2) 2,400 15,600
Profits and gains from business or profession
Income from the business of letting on hire, a heavy
vehicle under section 44AE (` 7,500×10) [See Note 2 75,000
below]
Interest from Saving Bank Account 5,000
20,000
` 1,00,000 @ 9% for 6 months–towards loan interest 4,500 15,500
Under section 80C [See Note 4 below] 93,000
Under section 80CCC 15,000
1,08,000
Under section 80TTA- Interest from Saving Bank
Account(See Note-6 below) 5,000 1,13,000
Computation of tax payable for the A.Y.2017-18
Tax on ` 2,57,100 710
Less: Rebate under section 87A 710
Nil
Add: Education cess @ 2% and SHEC @ 1% Nil
Tax Payable Nil
Notes :
(1) HRA is exempt to the extent of the least of the following under section 10(13A)
(1) 50% of salary (as the city is Chennai) i.e. 50% of ` 2,40,000=` 1,20,000
(2) Excess of rent paid over 10% of salary = ` 72,000 – ` 24,000 = ` 48,000
(3) Actual HRA received =5,000 × 12 = ` 60,000
Least of the above i.e.` 48,000 is exempt under section 10(13A)

(2) In the case of a person owning not more than 10 vehicles at any time during the previous
year, estimated income from each vehicle, whether heavy goods vehicle or not, will be
deemed to be ` 7,500/- for every month or part of the month during which the heavy
vehicle is owned by the assessee during the previous year [Section 44AE].
Presumptive income = ` 7,500 × 10 = 75,000
If, however, the assessee declares a higher amount, such amount will be considered as
income. In the instant case, since the assessee declares a lower amount, it cannot be
considered, since no books of account are maintained. Also, interest is not deductible,
since under section 44AE, all deductions under sections 30 to 38 are deemed to have
been allowed.
(3) Brought forward loss from speculation business can be set off only against income from
speculation business and not against other business income.
(4) Deduction under section 80C:
Investment in notified equity linked saving scheme of UTI 12,000
Life insurance premium on own life restricted to 10% of sum assured 4,000
Tuition fees paid for two of his children (Most favourable to Ram) 25,000
93,000
(5) Contribution to pension fund of LIC ` 15,000 is deductible under section 80CCC.
(6) Deduction under section 80TTA is allowed in respect of interest from Saving Bank
Account upto a maximum of ` 10,000. Therefore, interest from Saving Bank Account of
` 5,000 is allowed as deduction.
Question35
Mr. Ashok owns a property consisting of two blocks of identical size. The first block is used for
business purposes. The other block has been let out from 1.4.2016 to his cousin for ` 10,000
p.m. The cost of construction of each blockis ` 5 lacs (fully met from bank loan), rate of
interest on bank loan is 10% p.a. The construction was completed on 31.3.2016. During the
year ended 31.3.2017, he had to pay a penal interest of ` 2,000 in respect of each block on
account of delayed payments to the bank for the borrowings. The normal interest paid by him
in respect of each block was ` 42,000.Principal repayment for each block was ` 23,000 made
at the end of the year. An identical block in the same neighbourhood fetches a rent of
` 15,000 per month. Municipal tax paid in respect of each block was ` 12,000.
The income computed in respect of business prior to adjustment towards depreciation on any
asset is` 2,20,000.
Depreciation on equipments used for business is ` 30,000.

8.92 Income-tax
On 23.3.2017, he sold shares of B Ltd., a listed share in BSE for ` 2,30,000. The share had
been purchased 10 months back for ` 1,80,000.Securities transaction tax paid may be taken
as ` 220.
Brought forward business loss of a business discontinued on 12.1.2016is ` 80,000.This loss
has been determined in pursuance of a return of income filed in time and the current year is
the seventh year.
The following payments were effected by him during the year :
(i) LIP of ` 20,000 on his life and ` 12,000 for his son aged 22, engaged as a software
engineer and drawing salary of ` 25,000 p.m.
(ii) Mediclaim premium of ` 6,000 for himself and ` 5,000 for above son. The premiums
were paid by cheque.
You are required to compute the total income for the assessment year 2017-18.The various
heads of income should be properly shown. Ignore the interest on bank loan for the period
prior to 1.4.2016, as the bank had waived the same.
Answer
Computation of total income of Mr. Ashok for the A.Y.2017-18
Particulars ` ` `
Income from house property [ See Note I ]
House block 2 let out (higher of fair rent and rent 1,80,000
receivable)
Less: Municipal tax paid 12,000
Net annual value (NAV) 1,68,000
(a) 30% of NAV 50,400
(b) Interest on bank loan @ 10% on ` 5,00,000 50,000 1,00,400 67,600
Profits and gains of business or profession [See Note II]
Income prior to adjustment for depreciation 2,20,000
Less: Depreciation on equipments used for business 30,000
Depreciation on building ` 5,00,000 @ 10% 50,000 80,000
1,40,000
Less: Set off of brought forward business
lossrelating to discontinued business[ See Note III] 80,000 60,000
Capital Gains[See Note IV]
Short term capital gains from sale of listed shares


Less : Cost of acquisition 1,80,000 50,000
Less : Deduction under section 80C in respect of
LIP ` 32,000 and housing loan repayment in
respect of II block ` 23,000 55,000
Deduction under section 80D (for self) 6,000 61,000
Notes :
I– On computation of Income from house property
(i) The annual value of the house property which is used for business would not fall
under the head “Income from house property”. Therefore, the annual value of the
first block is not chargeable to tax under the head “Income from house property”.
However, depreciation there on at 10% has been claimed while computing the
income from business.
(ii) As regards the second block, the sum for which the property may be reasonably
expected to be let is ` 15,000 per month. The Gross Annual Value (GAV) of the block is
the higher of fair rent (i.e., ` 15,000 p.m.) or the actual rent received
(` 10,000 p.m.)Hence, the GAV of the second block is ` 1,80,000 (i.e. ` 15,000 p.m.)
(iii) Under section 24(b), interest on bank loan for construction of house is deductible.
However, penal interest is not deductible. Interest due during the year in respect of
the second block is ` 50,000 (i.e. 10% of ` 5 lakhs), which is allowable as
deduction under section 24(b).
II – On computation of Profits and gains of business or profession: Mr. Ashok can claim
depreciation @ 10% on the building used by him for business purposes. The depreciation
on the first block is ` 50,000 (being 10% of ` 5,00,000) and depreciation on equipments
used for business is ` 30,000.Hence the depreciation allowable during the year is `
80,000.
III – On set off of business loss: As per section 72, business loss relating to discontinued
business is eligible for set off.
IV – On treatment of short-term capital gains (STCG): The listed shares have been sold
and securities transaction tax is paid, hence it is taxable at 15% as per section 111A.For
the purpose of providing deduction under Chapter VI-A, the gross total income should be
reduced by the STCG on listed shares.
V – On computation of deductions under sections 80C and 80D: Deduction under section
80C can be claimed in respect of life insurance premium paid for major son, even though
he is not dependent on the assessee. It is assumed Block 2 let out to cousin was used

8.94 Income-tax
for residential purpose and accordingly principal repayment was considered for deduction
under section 80C.
However, deduction under section 80D cannot be claimed in respect of mediclaim
premium paid for non-dependant son. Mediclaim premium paid for self of ` 6,000 is
eligible for deduction.
Question 36
Total income of Mrs. Priti, aged 59, a resident of Mumbai for the financial year 2016-17is
` 21,05,000. It includes an income of ` 2,20,000 from the business of dealing in shares on
which she has paid securities transaction tax of ` 15,000. She has also deposited ` 1,50,000 in
her PPF. account with the State Bank of India. Compute her tax liability for the A.Y. 2017-18.
Answer
Computation of tax liability of Mrs. Priti for A.Y. 2017-18
Particulars `
Total income other than business of dealing in shares(` 21,05,000 – 18,85,000
` 2,20,000) (before deduction under section 80C)
Income from business of dealing in shares [See Note below] 2,05,000
Less : Deduction under section 80C in respect of PPF deposit 1,50,000
Tax on total income 4,07,000

Add: Secondary and Higher Education cess @1% 4,070
Tax Liability 4,19,210
Note: ` 2,20,000 less amount of ` 15,000 paid towards securities transaction tax eligible
for deduction under section 36(1)(xv).
Question 37
Mr. A, a senior citizen, has furnished the following particulars relating to his house properties:
House I House II
Nature of occupation Self occupied Let out
` `
Municipal valuation 60,000 1,20,000
Fair rent 90,000 1,50,000
Standard rent 75,000 90,000

Actual rent per month 9,000

Municipal taxes paid 6,000 12,000
Interest on capital borrowed 70,000 90,000
Loan for both houses were taken on 1.4.2008.House II remained vacant for 4 months.
Besides the above two houses, A has inherited during the year an old house from his
grandfather. Due to business commitments, he sold the house immediately for a sum of ` 250
lakhs. The house was purchased in 1960 by his grandfather for a sum of ` 2 lakhs. However,
the fair market value as on 1.4.1981 was ` 20 lakhs. With the sale proceeds, A purchased a
new house in March, 2017for a sum of ` 100 lakhs and the balance was used in his business.
The other income particulars of Mr. A besides the above are as follows (A.Y.2017-18)
Business loss ` 2 lakhs
Income from other sources (Fixed Deposit interest) ` 1 lakh
Investments made during the year : PPF ` 1,00,000
Cost inflation index (F.Y. 2016-17) 1125
Compute total income of Mr. A and his tax liability for the assessment year 2017-18
Answer
Computation of Total Income and Tax liability of Mr. A for A.Y. 2017-18
Particulars ` `
1. Income from house property –House I (70,000)
– House II (48,000)
(See Working Note 1) (1,18,000)
2. Profits and gains of business (2,00,000)
3. Capital gains – long term (See Working Note 2) 1,30,00,000
4. Income from other sources – Bank interest 1,00,000
Gross total income 1,27,82,000
Less : Deduction under Chapter VI-A
Deduction under section 80C (PPF) 1,00,000
Total income 1,26,82,000
Tax liability
Total income other than long term capital gain is Nil.
Taxable long term capital gain is ` 1,23,82,000
[i.e. ` 1,30,00,000 – ` 3,18,000 – basic exemption limit of ` 3,00,000]
On long term capital gains of ` 1,23,82,000 @ 20% 24,76,400
Surcharge @ 15% 3,71,460
28,47,860

8.96 Income-tax
Education cess @ 2% and Secondary and higher education cess@1% 85,436

Total tax payable 29,33,296
Working notes:
1. Calculation of income from house property
House I – Self occupied `
Annual value Nil
Less : Interest as per section 24(b) 70,000
Loss from house property (House I) (70,000)
House II- Let out `
Gross annual value(` 9,000 x 8) 72,000
Less :Municipal taxes 12,000
Less : Deductions under section 24
30% of NAV 18,000
Interest on borrowed capital90,000 1,08,000
Loss from house property (house II) (48,000)
Note : Interest on capital borrowed will be allowed in full for let out properties. As per
section 23(1)(c), where the property or any part of the property is let and was vacant
during the whole or any part of the previous year and owing to such vacancy the actual
rent received or receivable by the owner in respect thereof is less than the expected rent
(in this case, standard rent of ` 90,000), then, the actual rent received or receivable
would be the Gross Annual Value of the property. In this case, the actual rent received
(i.e. ` 72,000) is less than the expected rent(i.e. ` 90,000) on account of vacancy and
therefore, the actual rent received is taken as the Gross Annual Value.
2. Computation of Capital Gains
Particulars ` `
Sale consideration 2,50,00,000
Less: Indexed cost of acquisition(` 20,00,000 x 1125/1125) 20,00,000
2,30,00,000
Less : Exemption under section 54 1,00,00,000
Taxable long term capital gain 1,30,00,000
As per the definition of the indexed cost of acquisition under clause (iii) of Explanation to
section 48, indexation benefit will be available only from the previous year in which Mr. A
first held the asset i.e. P.Y. 2016-17. Since Mr. A sold the asset in the same year in

which it was held by him, cost of acquisition and indexed cost of acquisition would be
same.
Note: As per the view expressed by Bombay High Court, in the case of CIT v. Manjula J.
Shah 16 Taxmann 42, in case the cost of acquisition of the capital asset in the hands of
the assessee is taken to be cost of such asset in the hands of the previous owner, the
indexation benefit would be available from the year in which the capital asset is acquired
by the previous owner. If this view is taken, the indexed cost of acquisition would be
` 2,25,00,000 and long term capital gain (before exemption under section 54) would be
` 25,00,000. Therefore, exemption under section 54 would be restricted to ` 25,00,000
and the taxable long term capital gain would be Nil.
3. It has been assumed that the loss from house property and business loss have been set-
off fully against long term capital gains. Therefore, ` 1 lakh relating to section 80C
investments are deducted against “Income from other sources”. The taxable income
represents long term capital gains only and the tax liability is computed accordingly.
Question 38
Mr. Rahul, an assessee aged 61 years, gives the following information for the previous year
ended 31-03-2017:
Sl. Particulars `
No.
a. Loss from profession 1,05,000
b. Capital loss on the sale of property - short term 55,000
c. Capital gains on sale of unlisted shares - long term 2,05,000
d. Loss in respect of self occupied property 15,000
e. Loss in respect of let out property 30,000
f. Share of loss from firm 1,60,000
g. Income from card games 55,000
h. Winnings from lotteries 1,00,000
i. Loss from horse races in Mumbai 40,000
j. Medical Insurance premium paid by cheque 18,000
Compute the total income of Mr. Rahul for the assessment year 2017-18.
Answer
Computation of total income of Mr. Rahul for the A.Y. 2017-18
Particulars ` `
Loss (` 15,000 + ` 30,000) (45,000)

8.98 Income-tax

Loss from profession (1,05,000)
Capital Gains
Long-term capital gains on sale of shares 2,05,000
Less: Short-term capital loss on sale of property (Note 1) 55,000
Income under the head “Capital Gains” 1,50,000
Less: Set-off of losses under other heads of income (Note 2)
Loss from profession 1,05,000
Loss under the head “Income from house
property” (` 15,000 + ` 30,000) 45,000 1,50,000
Nil
Income from card games 55,000
Winnings from lotteries 1,00,000 1,55,000
Less: Deductions under Chapter VIA (Note 4) Nil
Notes:
(1) As per section 74, short-term capital loss can be set-off against both short-term capital
gains and long-term capital gains. Hence, short term capital loss of ` 55,000 can be set-
off against long-term capital gains of ` 2,05,000 on sale of shares. The net income
under the head “Capital gains” would be ` 1,50,000.
(2) Section 71 provides for set-off of loss from one head against income from another. As
per section 71(2), loss under any head of income, other than capital gains, can be set-off
against income under any head, including capital gains. Therefore, loss of ` 1,05,000
from profession and loss of ` 45,000 from house property (both let out and self-occupied)
can be set-off against the net income of ` 1,50,000 under the head “Capital Gains”.
(3) Loss from an exempt source cannot be set-off against profit from a taxable source.
Therefore, share of loss from a firm cannot be set-off against any other income, since
share of profit from firm is exempt under section 10(2A).
(4) As per section 58(4), no deduction in respect of any expenditure or allowance in
connection with income by way of winnings from lotteries and income from card games is
allowable under any provision of the Income-tax Act, 1961. Therefore, since the total
income comprises only of income from card games and winnings from lotteries,
deduction under Chapter VI-A is not allowable from such income. Therefore, Mr. Rahul
will not be entitled to claim deduction under section 80D in respect of medical insurance
premium paid by cheque.

(5) Further, loss from horse races can neither be set-off against winnings from lotteries and
income from card games nor can it be carried forward.
Question 39
Mr. Vishal is a resident individual. His Profit & Loss Account for the year ended 31st March,
2017is given below:
` `
To Staff Salary 3,57,500 By Gross profit 13,55,500
To Office Rent 78,000 By Interest on Post Office Monthly Income 98,400
scheme
To Administrative 2,14,000 By Bank F.D. interest (Net of TDS 7,000) 63,000
Expenses
To Income-tax 1,60,000 By Rent (on let out property) 66,000
To Depreciation 67,500 By Winning from lotteries(Net of TDS 17,500
7,500)
To Net Profit 7,23,400
16,00,400 16,00,400
Following further information is given to you:
(i) During the financial year 2016-17, he deposited ` 1,50,000 into his Public Provident
Fund Account (i.e. on 27-3-2017)
(ii) He received annual salary of ` 1,20,000 and annual Commission of ` 60,000 from a
partnership firm in the capacity of working partner. It is fully chargeable to tax under
section 28 (v).
(iii) Received annuity pension of ` 72,500 from LIC of India.
(iv) Paid medical insurance premium of ` 26,850. The medical insurance was on self. Mr.
Vishal is not a senior citizen.
(v) Life Insurance Premium of ` 25,000 was paid on the policy standing in the name of his
wife Sujatha.
(vi) Administrative expenses include ` 5,000 being municipal tax on let out property.
(vii) Depreciation eligible as per the Income-tax Act, 1961 amounts to ` 57,000.
Compute the total income of Mr. Vishal for the Assessment year 2017-18.

8.100 Income-tax
Answer
Computation of total income of Mr. Vishal for the A.Y. 2017-18
Particulars ` ` `
Income from House Property
Gross Annual Value – Rent received (Note 1) 66,000
Net Profit as per Profit & Loss Account 7,23,400
Income-tax 1,60,000
Depreciation charged 67,500
Municipal Taxes paid on let out property 5,000 2,32,500
9,55,900
Interest on Post Office Monthly Income 98,400
scheme
Interest on Bank Fixed Deposit 63,000
Rent received 66,000
Winning from lotteries 17,500 2,44,900
7,11,000
Less: Depreciation as per Income-tax Act, 1961 57,000
6,54,000
Add: Salary received from partnership firm (Note 2) 1,20,000
Commission received from partnership firm (Note 2) 60,000 8,34,000
Interest on Post Office Monthly Income scheme 98,400
Interest on Bank Fixed Deposit (` 63,000 + ` 7,000) 70,000
25,000
Winning from lotteries (` 17,500 + ` 7,500)
72,500
Annuity pension received from LIC of India 2,65,900
(i) Deduction under section 80C

Deposit in PPF 1,50,000

Life insurance premium paid for his wife 25,000
1,75,000
(ii) Deduction under section 80D
Mediclaim premium of ` 26,850 paid for insurance on
self. However, the deduction is restricted to ` 25,000. 25,000 1,75,000
Notes:
(1) Rent received is assumed to be the gross annual value of the let out property in absence
of any information regarding municipal value, fair rental value and standard rent.
(2) Any salary, bonus, commission or remuneration, by whatever name called, due to or
received by a partner of a firm shall not be treated as salary but it shall be treated as
income from business or profession for the purposes of section 28.
Question 40
Mr. Vinod Kumar, resident, aged 62, furnishes the following information pertaining to the year
ended 31-3-2017:
(`)
(i) Pension received (Net of TDS) 6,27,000
(ii) Short-term capital gains (from sale of listed shares) 65,000
(iii) Long-term capital gains (from sale of listed shares) 1,24,000
(iv) Interest on fixed deposit from bank 1,60,000
(v) Pertaining to technical consultancy services provided by him:
Gross receipts 51,60,000
Expenses:
Rent for premises 5,44,000
Salaries 11,20,000
Miscellaneous expenditure (revenue) 3,91,000
Conveyance 3,00,000
(vi) Contribution to PPF 1,10,000
(vii) Premium on life insurance policy taken on 10-1-2017 (sum assured 60,000
` 5,00,000)
(viii) Mediclaim Insurance Premium for self (paid otherwise than by cash) 27,000

8.102 Income-tax
Preventive health checkup expenses (in cash) 6,000

(ix) Donation given in cash to a charitable trust registered under Section
12AA (eligible for deduction under section 80G) of the Income-tax 14,000
Act, 1961
(x) Interest received from Post Office Savings A/c 18,000
Additional information:
• TDS from pension 25,000
• 1/4th of conveyance expenses is estimated for personal use.
Listed shares were sold in recognized stock exchange.
Compute the total income of the assessee for the assessment year 2017-18, under proper
heads of income.
Answer
Computation of total income of Mr. Vinod Kumar for the Assessment Year 2017-18
Particulars ` ` `
Income from Salary
Pension received (net of TDS) 6,27,000
Add: Tax deducted at source 25,000 6,52,000
Gross Receipts 51,60,000
Less: Expenses
Rent for premises allowable under section 30(a) 5,44,000
Salaries 11,20,000
Miscellaneous expenditure 2 3,91,000

Conveyance for official use [3/4th of ` 3,00,000] 2,25,000 22,80,000 28,80,000
Capital Gains
Long-term capital gains on sale of listed shares – -
exempt under section 10(38), since securities
transaction tax would have been paid as the same
have been sold in a recognized stock exchange
Short-term capital gains on sale of listed shares –

taxable @15% under section 111A, since securities
transaction tax would have been paid as the same
2
Assuming that the same incurred wholly and exclusively for the purpose of the profession

have been sold in a recognized stock exchange 65,000 65,000

Interest on fixed deposit from bank 1,60,000
Interest on Post Office Savings Account 18,000
Less: Exempt under section 10(15) 3,500 14,500
1,74,500
Under section 80C
Contribution to PPF 1,10,000
Life insurance premium paid ` 60,000
(restricted to 10% of sum assured, since the
policy was taken after 31.3.2012) 50,000
1,60,000
Under section 80D
Medical insurance premium (paid otherwise
than by cash) 27,000
Preventive health check-up (allowed even if
paid by cash), `6,000, restricted to 5,000
32,000
Restricted to ` 30,000, since Mr. Vinod
Kumar is a resident individual of the age of 30,000
62 years (i.e., 60 years or more at any time
during the previous year)
Under section 80G
As per section 80G(5D), cash donation to -
charitable trust of an amount exceeding
` 10,000 is not allowable as deduction
Under section 80TTA
Interest from Post Office Savings
Account, ` 14,500, restricted to 10,000
1,90,000
Mr. Vinod Kumar is engaged in Technical Consultancy services which is specified under
section 44AA.
Since Mr. Vinod Kumar’s Gross Receipts exceed ` 50 lakhs, he cannot opt for presumptive
taxation u/s 44ADA. He has to get then audited u/s 44AB.

8.104 Income-tax
Question 41
Mrs. Ann provides the following information for the financial year ending 31-3-2017. Compute
her total income and tax payable thereon for A.Y.2017-18 as per Income-tax Act 1961.
Income / Receipts:
(1) Salary from M/s. Prominent Technologies - ` 60,000 per month (Joined from 1st March,
2016).
(2) She is in receipt of HRA, ` 15,000 per month and also educational allowance of
` 1,500 per month for all the three of her children.
(3) She bought a truck on 01-08-2016 and has been letting it on hire. She does not maintain
books of account for this business. But she declares for income tax purpose, that she is
earning net income of ` 11,000 per month from this business.
(4) She received ` 8,500 as interest on Post Office Savings Bank Account.
(5) She received ` 25,000 as interest from Company Deposits.
(6) Amounts withdrawn from National Savings Scheme, 1992 (Principal ` 20,000 & Interest
` 35,000)
Expenses / Payments:
(1) Interest payable to bank ` 1,000 per month on loan for the purchase of truck.
(2) Total interest paid to bank for loan borrowed for investing in company deposits is
` 5,000.
(3) Rent paid for residence is ` 18,000 per month.
(4) Tuition fees paid for the year 2016-17 for her three children is ` 50,000, ` 30,000 and `
20,000, respectively, to educational institution situated in India.
(5) Medical insurance premium for her and for her husband is ` 30,000 (paid by cheque) and
` 25,000 (paid by cash), respectively.
(6) She has deposited during the year, in 5 year Post Office Recurring Deposit Scheme,
` 20,000.
Answer
Computation of total income of Mrs. Ann for the Assessment Year 2017-18
Particulars ` `
Income from Salary
Basic Salary (` 60,000 × 12) 7,20,000
HRA (` 15,000 × 12) 1,80,000
Less: Exempt under section 10(13A) [See Note 1 below] 1,44,000 36,000

Education Allowance (`1,500×12) 18,000

Less: Exempt under section 10(14)@`100 per month per child and
maximum for 2 child (`100 × 12 × 2) _ 2,400 15,600
7,71,600
Income from the business of letting on hire a truck under section
44AE [See Note 2 below] 88,000
Income from Other Sources `
Interest on Post Office Savings Bank Account 8,500
Less: Exempt under section 10(15) 3,500 5,000
Less: Deduction u/s 57 in respect of interest on loan
paid for investing in company deposits 5,000 20,000
Interest on National Savings Scheme, 1992 35,000 60,000
Under section 80C [Tuition fees paid for two children –
most favorable to Mrs. Ann being ` 50,000 + ` 30,000] 80,000
Deposit in 5 year Post Office Recurring Deposit Scheme Nil
does not qualify for deduction under section 80C.
Under section 80D [Medical Insurance Premium paid by
cheque for insurance of self and spouse together would
qualify for deduction upto a maximum of ` 25,000] 25,000
Under section 80TTA [Interest from Post Office Saving
Bank Account – See Note 3 below] 5,000
1,10,000
Computation of tax payable for the A.Y.2017-18
Particulars `
Tax on ` 8,09,600 [` 61,920 (20% of ` 3,09,600) + ` 25,000] 86,920
Tax Payable 89,528
Notes:
(1) HRA is exempt to the extent of the least of the following under section 10(13A) -

8.106 Income-tax
(1) 50% of salary i.e., 50% of ` 7,20,000 = ` 3,60,000 (in case Mrs. Ann resides in
Delhi, Mumbai, Calcutta or Chennai) (or) 40% of salary i.e., 40% of ` 7,20,000 =
` 2,88,000 (in case Mrs. Ann resides in any other place)
(2) Excess of rent paid over 10% of salary = (` 18,000 – ` 6,000) × 12 = ` 1,44,000
(3) Actual HRA received = ` 15,000 × 12 = ` 1,80,000
Least of the above i.e., ` 1,44,000 is exempt under section 10(13A)
(2) In the case of a person owning not more than 10 vehicles at any time during the previous
year, estimated income from each vehicle will be deemed to be ` 7,500 for every month
or part of the month during which such vehicle is owned by the assessee in the previous
year or an amount claimed to have been actually earned from such vehicle, whichever is
higher [Section 44AE].
In this case, since the assessee declares a higher amount of ` 11,000 per month as the
net income actually earned by her from letting on hire truck, such amount will be
considered as income under section 44AE. Interest paid @ ` 1,000 p.m. is not
deductible, since under section 44AE, all deductions as per sections 30 to 38 are
deemed to have been allowed.
Truck was plied for the period 01.08.2016 to 31.03.2017 for 8 months.
Therefore, in this case, income under section 44AE is `11,000 × 8 = ` 88,000
(3) Interest upto ` 3,500 on post office savings bank account is exempt under section
10(15). The balance interest of ` 5,000 would be included under the head “Ïncome from
other sources” and form part of gross total income. However, the same would qualify for
deduction under section 80TTA, since interest upto ` 10,000 from, inter alia, post office
savings bank account qualifies for deduction thereunder.
Question 42
Mr. Venus provides the following details for the previous year ending 31-3-2017
(i) Salary from HNL Ltd. ` 50,000 per month
(ii) Interest on FD with SBI for the financial year 2016-17 ` 72,000 (Net of TDS)
(iii) Determined long term capital loss of A Y 2015-16 ` 96,000
(to be carried forward)
(iv) Long term capital gain ` 75,000
(v) Loss of minor son ` 90,000 computed in accordance with the provisions of Income- tax
Act, 1961. Mr. Venus transferred his own house to his minor son without adequate
consideration few years back and minor son let it out and suffered loss.
(vi) Loss of his wife's business ` (2,00,000)
She carried business with funds which Mr. Venus gifted to her.

You are required to compute taxable income of Mr. Venus for the AY 2017-18.
Answer
Computation of Taxable Income of Mr. Venus for the A.Y. 2017-18
Particulars ` `
Salaries
Income from Salary (` 50,000 × 12) 6,00,000
Less: Loss from house property in respect of which Mr. Venus
is the deemed owner to be set off against his salary income
as per section 71(1) [See Note 1] 90,000 5,10,000
Capital Gains
Less: Brought forward long term capital loss of A.Y. 2015-16 set
off against current year long-term capital gain as per section
74(1) & (2) [See Note 2] 75,000 Nil
Balance long-term capital loss of ` 21,000 (` 96,000 –
` 75,000) of A.Y.2015-16 to be carried forward to
A.Y.2018-19 [See Note 2]
Interest on fixed deposit with SBI (` 72,000 × 100/90) 80,000
Less: Business loss incurred by wife includible in Mr. Venus’s
hands set off against interest income as per section 71(1)
[See Notes 3 & 4] 80,000 Nil
Balance business loss of ` 1,20,000 (` 2,00,000
– ` 80,000) to be carried forward to A.Y. 2018-19
Taxable Income 5,10,000
Notes:
(1) As per section 27(i), Mr. Venus is the deemed owner of the house transferred to his
minor son without adequate consideration. Hence, the income from house property
would be assessable in Mr. Venus’s hands. Since there is a loss from house property
transferred to minor son without adequate consideration, Mr. Venus can set-off the same
against salary income, since he is the deemed owner of such property.
(2) As per section 74(1) and 74(2), brought forward long-term capital loss can be set-off only
against long-term capital gains. Unabsorbed long-term capital loss can be carried
forward for a maximum of eight assessment years (upto A.Y.2023-24, in this case) for
set-off against long-term capital gains.

8.108 Income-tax
(3) As per section 64(1)(iv), income from funds gifted to spouse by an individual and
invested in business by the spouse is includible in the hands of the individual. As per
Explanation 2 to section 64, income includes “loss”. Hence, in the given case, loss
arising out of the business carried on by Mr. Venus’s wife is to be included in the income
of Mr. Venus, as she has carried on business with the funds gifted to her by Mr. Venus.
(4) As per section 71(2A), business loss cannot be set-off against salary income.
However, the same can be set-off against income from other sources (consisting of
interest on fixed deposit).
Exercise
1. Income under the Income-tax Act, 1961, is to be computed under -
(a) five heads
(b) six heads
(c) four heads
2. What is the basic exemption limit for a woman assessee for A.Y. 2017-18, who turned 60 years
on 2.4.2017?
(a). ` 2,00,000
(b). ` 3,00,000
(c). ` 2,50,000
3. What is the rate of surcharge applicable to individuals having total income exceeding` 1 crore?
(a). 15%
(b). 12%
(c). 10%
4. What is the basic exemption limit for Mrs. X, a resident individual who is of the age of 80 years as on
30.3.2017?
(a). ` 5,00,000
(b). ` 2,40,000
(c). ` 3,00,000
5. Share of profit of Mr. P, who is a partner in M/s PQR is –
(a) exempt from tax
(b) taxable as his business income
(c) taxable as his salary
6. Explain briefly the tax treatment of the following income of Mr. X, who is a partner in the firm M/s.
XYZ –

(i) Salary received by Mr. X from M/s. XYZ.

(ii) Interest (on loan) received from M/s. XYZ.
(iii) Share of profit from the firm.
7. Discuss the tax treatment of the following income of Mr. A, who is a member of a HUF-
(i) Share of income from HUF.
(ii) Income from an impartible estate of the HUF.
(iii) Income from self-acquired property converted into joint family property.
Answers
1. a; 2.c; 3.a; 4.a; 5.a

9 Provisions Concerning Advance
Tax and Tax Deducted at Source
Key Points
Advance Tax
Common advance tax payment schedule for corporates and non-
corporates (other than an eligible assessee in respect of eligible business
referred to in section 44AD) from 1st June, 2016:
Due date of installment Amount payable

On or before 15th June Not less than 15% of advance tax liability.
On or before 15th September Not less than 45% of advance tax liability less amount
paid in earlier installment.
On or before 15th December Not less than 75% of advance tax liability less amount
paid in earlier installment or installments.
On or before 15th March Whole amount of advance tax liability less amount paid
in earlier installment or installments.
Eligible assessee computing profits on presumptive basis under section 44AD
to pay advance tax by 15th March
An eligible assessee, opting for computation of profits or gains of business on
presumptive basis in respect of eligible business referred to in section 44AD, shall
be required to pay advance tax of the whole amount in one instalment on or before
the 15th March of the financial year.
However, any amount paid by way of advance tax on or before 31st March shall also
be treated as advance tax paid during each financial year on or before 15th March.
Interest for non-payment or short-payment of advance tax [Section 234B]
(1) Interest under section 234B is attracted for non-payment of advance tax or
payment of advance tax of an amount less than 90% of assessed tax.
(2) The interest liability would be 1% per month or part of the month from 1st
April following the financial year upto the date of determination of income
under section 143(1).

Provisions concerning Advance Tax and Tax Deducted at Source 9.2
(3) Such interest is calculated on the amount of difference between the

assessed tax and the advance tax paid.
(4) Assessed tax is the tax calculated on total income less tax deducted at
source.
Interest payable for deferment of advance tax [Section 234C]
(a) Manner of computation of interest under section 234C for deferment of
advance tax by corporate and non-corporate assessees:
In case an assessee, other than an eligible assessee in respect of the eligible
business referred to in section 44AD, who is liable to pay advance tax under
section 208 has failed to pay such tax or the advance tax paid by such
assessee on its current income on or before the dates specified in column (1)
is less than the specified percentage [given in column (2)] of tax due on
returned income, then simple interest@1% per month for the period
specified in column (4) on the amount of shortfall, as per column (3) is
leviable under section 234C.
Specified Specified Shortfall in advance tax Period
date %
(1) (2) (3) (4)
15th June 15% 15% of tax due on returned 3 months
income (-) advance tax paid up to
15th June
15th 45% 45% of tax due on returned 3 months
September income (-) advance tax paid up to
15th September
15th 75% 75% of tax due on returned 3 months
December income (-) advance tax paid up to
15th December
15th March 100% 100% of tax due on returned 1 month
income (-) advance tax paid up to
15th March
Note – However, if the advance tax paid by the assessee on the current income, on or before
15th June or 15th September, is not less than 12% or, as the case may be, 36% of the tax
due on the returned income, then, the assessee shall not be liable to pay any interest on the
amount of the shortfall on those dates.

9.3 Income-tax
(b) Computation of interest under section 234C in case of an eligible

assessee in respect of eligible business referred to in section 44AD:
In case an eligible assessee in respect of the eligible business referred to in
section 44AD, who is liable to pay advance tax under section 208 has failed
to pay such tax or the advance tax paid by the assessee on its current
income on or before 15th March is less than the tax due on the returned
income, then, the assessee shall be liable to pay simple interest at the rate of
1% on the amount of the shortfall from the tax due on the returned
income.
(c) Non-applicability of interest under section 234C in certain cases:
Interest under section 234C shall not be leviable in respect of any shortfall in
payment of tax due on returned income, where such shortfall is on account of
under-estimate or failure to estimate –
(i) the amount of capital gains;
(ii) income of nature referred to in section 2(24)(ix) i.e., winnings from
lotteries, crossword puzzles etc.;
(iii) income under the head “Profits and gains of business or profession” in
cases where the income accrues or arises under the said head for the
first time.
However, the assessee should have paid the whole of the amount of tax
payable in respect of such income referred to in (i), (ii) and (iii), as the case
may be, had such income been a part of the total income, as part of the
remaining instalments of advance tax which are due or where no such
instalments are due, by 31st March of the financial year.
.

Deduction of Tax at source
Section Description Threshold Payer Type of Rate of Time of Payments / Income exempted
Limit Payee TDS deduction from TDS
192 Salary Basic Any person Individual Average At the time of Allowances, to the extent exempt
exemption rate of payment under section 10, and exempt
limit income-tax perquisites would be excluded.
(`2,50,000/ computed
`3,00,000, as on the basis
the case may of the rates
be) in force.
193 Interest on 8% Savings Any person Any resident 10% At the time of Some exempted interest payments

Securities (Taxable) credit of such are interest –
Bonds, 2003 income to the - On any security of the Central
– account of Government or a State Govern-
` 10,000 the payee or ment.
at the time of - Payable to LIC, GIC or any of the
Interest on payment, four public sector insurance
debentures whichever is companies formed by GIC in
issued by a earlier. respect of any securities owned
company in by it or in which it has full
which the beneficial interest.
public are - Payable to any other insurer in
substantially respect of any securities owned
interested, by it or in which it has full
paid or beneficial interest.
credited to a - Payable on any security issued by
resident a company, where such security
individual or is in dematerialized form and is
HUF - listed on a recognized stock
` 5,000 exchange in India.
9.5 Income-tax
194 Dividend ` 2,500 in a The Resident 10% At the time of Dividend credited or paid to LIC, GIC
financial year Principal Individual payment or any of the four public sector
Officer of insurance companies formed by GIC,
a domestic or any other insurer, in respect of
company shares owned by it or in which it has
full beneficial interest.
Dividend referred to in section 115-O,
since the domestic company
distributing dividend has paid dividend
distribution tax on such dividend.

194A Interest other ` 10,000 in a Any Any 10% At the time of Interest credited or paid to:
than interest financial year, person, Resident credit of such - any banking company, or a
on securities in case of other than income to the cooperative society engaged in
interest paid an account of the business of banking
by – individual the payee or - any financial corporation
(i) a or HUF at the time of established by or under a
banking not liable payment, Central, State or Provincial Act.
company; to tax audit whichever is - the Life Insurance Corporation of
(ii) a co- u/s 44AB earlier. India.
operative in the - the Unit Trust of India;
society immediatel - any company and cooperative
engaged in y preceding society carrying on the business
banking financial of insurance.
business; and year. - notified institution, association,
(iii) deposits body or class of institutions,
with post associations or bodies
Interest credited or paid by a firm to
office. a partner
` 5,000 in a Interest credited or paid by a co-
financial year, operative society to its member or
in other to any other co-operative society,
cases. etc.
194B Winnings from ` 10,000 Any Person Any Person 30% At the time of -
any lottery, payment
crossword
puzzle or card

game or other
game of any sort
194BB Winnings from ` 10,000 Book Maker Any Person 30% At the time of -
horse race (` 5,000 or a person payment
upto holding
31.5.2016) licence for
horse
racing,
wagering or
betting in
any race
course.
9.7 Income-tax
194C Payments to Single sum Central / Any 1% of sum At the time of Any sum credited or paid to a
Contractors credited or State Govt., Resident paid or credit of such contractor in transport business, who
paid -Local contractor credited, if sum to the owns ten or less goods carriages at any
` 30,000 authority, for carrying the payee is account of time during the previous year if the
or Central/ out any an the contractor contractor furnishes a declaration to
The aggregate State/Provin work Individual or or at the time that effect alongwith his PAN to the
of sums -cial Corpn., (including HUF of payment, person paying or crediting such sum.
credited or company, supply of whichever is Any sum credited or paid by an
paid during firm, trust, labour) 2% of sum earlier. individual or HUF exclusively for
the financial co-operative paid or personal purposes of such individual

year - society, credited, if or HUF.
` 1,00,000 individuals/ the payee is
(` 75,000 HUFs liable any other
upto to tax audit person.
31.5.2016) in the
immediately
preceding
financial
year.
194D Insurance ` 15,000 in a Any person Any 10% At the time of
Commission financial year Resident credit of such
(` 20,000 income to the
upto account of the
31.5.2016) payee or at the
time of
payment,
whichever is
earlier.
194DA Any sum under Less than Any person Any 1% At the time of Sums which are exempt under
a Life ` 1,00,000 resident (2% upto payment section 10(10D)
Insurance (aggregate 31.5.2016)
Policy amount of
payment to a
payee in a
financial year)
194H Commission or ` 15,000 in a Any person, Any 5% At the time of Commission or brokerage payable
brokerage financial year other than an resident (10% upto credit of such by BSNL or MTNL to their PCO
(` 5,000 individual or 31.5.2016) income to the franchisees.

upto HUF not account of the
31.5.2016) liable to tax payee or at the
audit u/s time of
44AB in the payment,
immediately whichever is
preceding earlier.
financial
year.
194-I Rent ` 1,80,000 Any person, Any For P & M At the time of -
in a financial other than resident or credit of such
year an individual equipment- income to the
or HUF not 2% account of
liable to tax For land, the payee or
audit u/s building, at the time of
44AB in the furniture or payment,
immediately fixtures -10% whichever is
preceding earlier.
financial
year.
9.9 Income-tax
194-IA Payment on Less than Any person, Resident 1% At the time of Payment for transfer of agricultural
transfer of ` 50 lakh being a transferor credit of such land
certain (Consideration transferee sum to the
immovable for transfer) account of the
property transferor or at
the time of
payment,
which-ever is
earlier.
194J Fees for ` 30,000 in a Any person, Any 10% At the time of Any sum by way of fees for

professional or financial other than Resident credit of such professional services credited or
technical year, for an individual sum to the paid by an individual or HUF
services/ each or HUF not account of the exclusively for personal purposes of
Royalty/ Non- category of liable to tax payee or at such individual or any member of
compete fees/ income. audit u/s the time of HUF.
Director (However, 44AB in the payment,
remuneration this limit immediately whichever is
does not preceding earlier.
apply in case financial
of payment year.
made to
director of a
company).
194LA Compensation ` 2,50,000 in Any person Any 10% At the time of Compensation on acquisition of
on acquisition a financial Resident payment agricultural land.
of certain year
immovable (` 2,00,000
property upto
31.5.2016)
Question 1
Compute the amount of tax deduction at source on the following payments made by M/s. S
Ltd. during the financial year 2016-17 as per the provisions of the Income-tax Act, 1961.
Sr. No. Date Nature of Payment
(i) 1-10-2016 Payment of ` 2,00,000 to Mr. “R” a transporter who owns 8 goods
carriages throughout the previous year and furnishes a declaration
to this effect alongwith his PAN.
(ii) 1-11-2016 Payment of fee for technical services of ` 25,000 and Royalty of
` 20,000 to Mr. Shyam who is having PAN.
(iii) 30-06-2016 Payment of ` 25,000 to M/s X Ltd. for repair of building.
(iv) 01-01-2017 Payment of ` 2,00,000 made to Mr. A for purchase of diaries made
according to specifications of M/s S Ltd. However, no material was
supplied for such diaries to Mr. A by M/s S Ltd.
(v) 01-01-2017 Payment made ` 1,80,000 to Mr. Bharat for compulsory acquisition
of his house as per law of the State Government.
(vi) 01-02-2017 Payment of commission of ` 14,000 to Mr. Y.
Answer
(i) No tax is required to be deducted at source under section 194C by M/s S Ltd. on
payment to transporter Mr. R, since he satisfies the following conditions:
(1) He owns ten or less goods carriages at any time during the previous year.
(2) He is engaged in the business of plying, hiring or leasing goods carriages;
(3) He has furnished a declaration to this effect along with his PAN.
(ii) As per section 194J, liability to deduct tax is attracted only in case the payment made as
fees for technical services and royalty, individually, exceeds ` 30,000 during the financial
year. In the given case, since, the individual payments for fee of technical services i.e.
` 25,000 and royalty ` 20,000 is less than ` 30,000 each, there is no liability to deduct
tax at source. It is assumed that no other payment towards fees for technical services
and royalty were made during the year to Mr. Shyam.
(iii) Provisions of section 194C are not attracted in this case, since the payment for repair of
building on 30.06.2016 to M/s. X Ltd. is less than the threshold limit of ` 30,000.
(iv) According to section 194C, the definition of “work” does not include the manufacturing or
supply of product according to the specification by customer in case the material is
purchased from a person other than the customer.
Therefore, there is no liability to deduct tax at source in respect of payment of
` 2,00,000 to Mr. A, since the contract is a contract for ‘sale’.

9.11 Income-tax
(v) As per section 194LA, any person responsible for payment to a resident, any sum in the
nature of compensation or consideration on account of compulsory acquisition under any
law, of any immovable property, is responsible for deduction of tax at source if such
payment or the aggregate amount of such payments to the resident during the financial
year exceeds ` 2,50,000.
In the given case, no liability to deduct tax at source is attracted as the payment made
does not exceed ` 2,50,000.
(vi) As per section 194H, any person (other than an individual or HUF) who is responsible for
paying commission or brokerage to a resident shall deduct tax at source @5% if the
amount of such income or the aggregate of the amounts of such income credited or paid
during the financial year exceeds ` 15,000.
Since the commission payment made to Mr. Y does not exceeds ` 15,000, the provisions
of section 194H are not attracted.
Question 2
State the applicability of TDS provisions and TDS amount in the following cases:
(a) Rent paid for hire of machinery by B Ltd. to Mr. Raman ` 2,10,000.
(b) Fee paid to Dr. Srivatsan by Sundar (HUF) ` 35,000 for surgery performed on a member
of the family.
Answer
(a) Since the rent paid for hire of machinery by B. Ltd. to Mr. Raman exceeds
` 1,80,000, the provisions of section 194-I for deduction of tax at source are attracted.
The rate applicable for deduction of tax at source under section 194-I on rent paid for
hire of plant and machinery is 2% assuming that Mr. Raman had furnished his permanent
account number to B Ltd.
Therefore, the amount of tax to be deducted at source:
= ` 2,10,000 x 2% = ` 4200.
Note: In case Mr. Raman does not furnish his permanent account number to B Ltd., tax
shall be deducted @ 20% on ` 2,10,000, by virtue of provisions of section 206AA.
(b) As per the provisions of section 194J, a Hindu Undivided Family is required to deduct tax
at source on fees paid for professional services only if it is subject to tax audit under
section 44AB in the financial year preceding the current financial year.
However, if such payment made for professional services is exclusively for the personal
purpose of any member of Hindu Undivided Family, then, the liability to deduct tax is not
attracted.
Therefore, in the given case, even if Sundar (HUF) is liable to tax audit in the
immediately preceding financial year, the liability to deduct tax at source is not attracted

in this case since, the fees for professional service to Dr. Srivatsan is paid for a personal
purpose i.e. the surgery of a member of the family.
Question 3
What are the provisions relating to tax deduction at source in respect of:
(a) ABC and Co. Ltd. paid ` 19,000 to one of its Directors as sitting fees on 1-01-2017.
(b) Mr. X sold his house to Mr. Y on 01-02-2017 for ` 60 lacs?
Answer
(a) Section 194J provides for deduction of tax at source @10% from any sum paid by way of
any remuneration or fees or commission, by whatever name called, to a resident director,
which is not in the nature of salary on which tax is deductible under section 192. The
threshold limit of ` 30,000 upto which the provisions of tax deduction at source are not
attracted in respect of every other payment covered under section 194J is, however, not
applicable in respect of sum paid to a director.
Therefore, tax@10% has to be deducted at source under section 194J in respect of the
sum of ` 19,000 paid by ABC Ltd. to its director.
(b) Section 194-IA requires every person, being a transferee, responsible for paying any sum
as consideration for transfer of any immovable property (other than agricultural land), to
deduct tax@1% of such sum, at the time of credit of such sum to the account of the
resident transferor or at the time of payment of such sum to a resident transferor,
Such tax is required to be deducted at source where the consideration for transfer of
immovable property is ` 50 lakhs or more.
In this case, since the consideration for transfer of house exceeds ` 50 lakhs, Mr. Y is
liable to deduct tax at source@1% under section 194-IA on the consideration of ` 60
lakhs payable for transfer of house to Mr. X.
Question 4
Ashwin doing manufacture and wholesale trade furnishes you the following information :
Total turnover for the financial year
Particulars `
2015-16 2,05,00,000
2016-17 95,00,000
State whether tax deduction at source provisions are attracted for the below said expenses
incurred during the financial year 2016-17:
Particulars `
Interest paid to UCO Bank 41,000

9.13 Income-tax
Contract payment to Raj (2 contracts of ` 12,000 each) 24,000

Shop rent paid (one payee) 1,90,000
Commission paid to Balu (on 1.8.2016) 7,000
Answer
As the turnover of Ashwin for F.Y.2015-16, i.e. ` 205 lakh, has exceeded the monetary limit of
` 100 lakh prescribed under section 44AB, he has to comply with the tax deduction provisions
during the financial year 2016-17, subject to, however, the exemptions provided for under the
relevant sections for applicability of TDS provisions.
Interest paid to UCO Bank
TDS under section 194A is not attracted in respect of interest paid to a banking company.
Contract payment of ` 24,000 to Raj for 2 contracts of ` 12,000 each
TDS provisions under section 194C would not be attracted if the amount paid to a contractor
does not exceed ` 30,000 in a single payment or ` 1,00,000 in the aggregate during the
financial year. Therefore, TDS provisions under section 194C are not attracted in this case.
Shop Rent paid to one payee – Tax has to be deducted under section 194-I as the rental
payment exceeds ` 1,80,000.
Commission paid to Balu – No, tax has to be deducted under section 194-H in this case as
the commission does not exceed ` 15,000.
Question 5
State in brief the applicability of tax deduction at source provisions, the rate and amount of tax
deduction in the following cases for the financial year 2016-17:
(i) Winning by way of jackpot in a horse race ` 1,00,000.
(ii) Payment made by a firm to sub-contractor ` 3,00,000 with outstanding balance of
` 1,20,000 shown in the books as on 31-03-2017.
(iii) Rent paid for plant and machinery ` 1,50,000 by a partnership firm having sales turnover
of ` 20,00,000 and net loss of ` 15,000.
(iv) Payment made to Ricky Ponting, an Australian cricketer, by a newspaper for contribution
of articles ` 25,000.
Answer
(i) Provisions for tax deduction at source under section 194BB @ 30% are attracted if the
amount exceeds ` 10,000 in respect of income arising by way of winning a jackpot in
horse races.
Tax to be deducted = ` 1,00,000 x 30% = ` 30,000
(ii) Provisions of tax deduction at source under section 194C are attracted in respect of

payment by a firm to a sub-contractor. Under section 194C, tax is deductible at the time
of credit or payment, whichever is earlier @ 1% if the payment is made to an individual
or HUF and 2% for others.
Assuming that sub-contractor to whom payment has been made is an individual and the
aggregate amount credited during the year is ` 4,20,000, tax is deductible @ 1% on
` 4,20,000.
Tax to be deducted = ` 4,20,000 x 1% = ` 4,200
(iii) As per section 194-I, tax is to be deducted @ 2% on payment of rent for plant and
machinery, only if the payment exceeds ` 1,80,000 during the financial year. Since rent
of ` 1,50,000 paid by a partnership firm does not exceed ` 1,80,000, tax is not
deductible.
(iv) Under section 194E, the person responsible for payment of any amount to a non-resident
sportsman for contribution of articles relating to any game or sport in India in a
newspaper shall deduct tax @ 20%. Further, since Ricky Ponting is a non-resident,
education cess @2% and secondary and higher education cess @ 1% on TDS would
also be added.
Therefore, tax to be deducted = ` 25,000 x 20.60% = ` 5,150.
Question 6
State in brief the applicability of tax deduction at source provisions, the rate and amount of tax
deduction in the following cases for the financial year 2016-17:
(1) Payment of ` 27,000 made to Jacques Kallis, a South African cricketer, by an Indian
newspaper agency on 02-07-2016 for contribution of articles in relation to the sport of
cricket.
(2) Rent of ` 1,70,000 paid by a partnership firm for use of plant and machinery.
(3) Winning from horse race ` 1,50,000.
(4) ` 2,00,000 paid to Mr. A, a resident individual, on 22-02-2017 by the State of Uttar
Pradesh on compulsory acquisition of his urban land.
Answer
(1) Section 194E provides that the person responsible for payment of any amount to a non-
resident sportsman for contribution of articles relating to any game or sport in India in a
newspaper has to deduct tax at source @ 20%. Further, since Jacques Kallis, a South
African cricketer, is a non-resident, education cess @2% and secondary and higher
education cess @1% on TDS should also be added.
Therefore, tax to be deducted = ` 27,000 x 20.60% = ` 5,562.
(2) As per section 194-I, tax is to be deducted at source @ 2% on payment of rent for use of
plant and machinery, only if the payment exceeds ` 1,80,000 during the financial year.

9.15 Income-tax
Since rent of ` 1,70,000 paid by a partnership firm does not exceed `1,80,000, tax is
not deductible.
(3) Under section 194BB, tax is to be deducted at source, if the winnings from horse races
exceed ` 10,000. The rate of deduction of tax at source is 30%. Assuming that
winnings are paid to the residents, education cess@2% and secondary and higher
education cess@1% has not been added to the tax rate of 30%.
Hence, tax to be deducted = ` 1,50,000 x 30% = ` 45,000.
(4) As per section 194LA, any person responsible for payment to a resident, any sum in the
nature of compensation or consideration on account of compulsory acquisition under any
law, of any immovable property, is required to deduct tax at source @ 10%, if such
payment or the aggregate amount of such payments to the resident during the financial
year exceeds ` 2,50,000.
In the given case, there is no liability to deduct tax at source as the payment made to
Mr. A does not exceed ` 2,50,000.
Question 7
Mr. Madan sold his house property in Surat as well as his rural agricultural land for a
consideration of ` 65 lakhs and 20 lakhs, respectively, to Mr. Raman on 01-10-2016. He has
purchased the house property for ` 40 lakhs and the land for ` 15 lakhs, in the year 2014.
There was no difference in the stamp valuation. You are required to determine TDS
implications, if any, assuming both persons are resident Indians.
Answer
As per section 194-IA, any person, being a transferee, responsible for paying to a resident
transferor any sum by way of consideration for transfer of any immovable property (other than
rural agricultural land) is required to deduct tax at source@1% of such sum, if the
consideration for transfer is ` 50 lakhs or more. The deduction of tax at source has to be
made at the time of credit of such sum to the account of the transferor or at the time of
payment of such sum, whichever is earlier.
Accordingly, in this case, since the sale consideration of house property exceeds
` 50 lakh, Mr. Raman, the transferee, is required to deduct tax at source at 1% of
` 65 lakhs, being the consideration for transfer of house property.
The tax to be deducted under section 194-IA would be ` 65,000, being 1% of
` 65 lakh.
Since TDS provisions under section 194-IA are attracted in respect of transfer of any
immovable property, other than rural agricultural land, no tax is required to be deducted by
Mr. Raman from the sale consideration payable for transfer of rural agricultural land.

Question 8
State the concessions granted to transport operators onwards in the context of cash payments
under section 40A(3) and deduction of tax at source under section 194-C.
Answer
Section 40A(3) provides for disallowance of expenditure incurred in respect of which payment
or aggregate of payments made to a person in a day exceeds ` 20,000, and such payment or
payments are made otherwise than by account payee cheque or account payee bank draft.
However, in case of payment made to transport operators for plying, hiring or leasing goods
carriages, the disallowance will be attracted only if the payments made to a person in a day
exceeds ` 35,000. Therefore, payment or aggregate of payments up to ` 35,000 in a day can
be made to a transport operator otherwise than by way of account payee cheque or account
payee bank draft, without attracting disallowance under section 40A(3).
Under section 194C, tax had to be deducted in respect of payments made to contractors at the
rate of 1% in case the payment is made to individual or Hindu Undivided Family or at the rate
of 2% in any other case.
However, no deduction is required to be made from any sum credited or paid or likely to be
credited or paid during the previous year to the account of a contractor, during the course of
the business of plying, hiring or leasing goods carriages, if the following conditions are
fulfilled:-
(1) He owns ten or less goods carriages at any time during the previous year.
(2) He is engaged in the business of plying, hiring or leasing goods carriages;
(3) He has furnished a declaration to this effect along with his PAN.
Question 9
Mrs. Indira, a landlord, derived income from rent from letting a house property to M/s Vaibhav
Corporation Ltd. of ` 1,00,000 per month. She charged service tax @ 15% on lease rent
charges. Calculate the deduction of tax at source (TDS) to be made by M/s Vaibhavi Corporation
Ltd. on payment made to Mrs. Indira and narrate related formalities in relation to TDS.
Answer
(1) As per Circular No. 4/2008 dated 28th April, 2008 issued by the CBDT, the service tax paid by
the tenant does not partake the nature of income of the landlord. The landlord only acts as a
collecting agency for collection of service tax. Therefore, tax deducted at source under
section 194-I would be required to be made on the amount of rent paid or payable excluding
the amount of service tax, i.e. tax has to be deducted under section 194-I on ` 12 lakh.
(2) Tax is deductible @ 10% under section 194-I.
(3) Hence, in the given case, TDS under section 194-I would amount to ` 10,000, to be
deducted every month.

9.17 Income-tax
(4) Tax deducted should be deposited within prescribed time i,.e. on or before seven days from the
end of the month in which the deduction is made and upto 30th April for the month of March.
Question 10
Bharghav doing textiles business furnishes you the following information:
Total turnover for the financial year:
`
2015-16 205,00,000
2016-17 95,00,000
State whether the provisions of tax deduction at source are attracted for the following
expenses incurred during the financial year 2016-17:
`
Interest paid to Indian Bank on Term Loan 92,800
Advertisement expenses to R (two individual payments of 58,000
` 24,000 and ` 34,000)
Factory rent paid to C 1,85,000
Brokerage paid to B, a sub-broker (on 10.11.2016) 16,000
Answer
Since the turnover of Mr. Bharghav for F.Y.2015-16, i.e., ` 205 lakhs, has exceeded the
monetary limit of ` 100 lakhs prescribed under section 44AB, he has to comply with the tax
deduction provisions during the financial year 2016-17, subject to, however, the exemptions
provided for under the relevant sections for applicability of TDS provisions.
(i) Interest paid to Indian Bank on term loan
TDS under section 194A is not attracted in respect of interest paid to a banking
company.
(ii) Advertisement expenses to R (two individual payments of ` 24,000 and ` 34,000)
Under section 194C, the provisions for tax deduction at source would not be attracted
if the amount paid to a contractor does not exceed ` 30,000 in a single payment or
` 100,000 in the aggregate during the financial year. Therefore, provisions for
deduction of tax at source under section 194C are not attracted in respect of payment
of ` 24,000 to R.
However, payment of ` 34,000 to R would attract TDS@1% under section 194C,
since it exceeds ` 30,000.
Note - The tax to be deducted would be ` 340, being 1% of ` 34,000.
(iii) Factory rent of ` 1,85,000 paid to C
Tax has to be deducted under section 194-I as the rental payment exceeds ` 1,80,000.

Note - The tax to be deducted is ` 18,500, being 10% of ` 1,85,000.

(iv Brokerage of ` 16,000 paid to B, a sub-broker
Tax has to be deducted @5% under section 194-H as the brokerage exceeds
` 15,000 during the F.Y. 2016-17.
Note - The tax to be deducted is ` 800, being 5% of ` 16,000.
Question 11
What is the difference between TDS and TCS under the Income-tax Act, 1961?
Answer
Difference between TDS and TCS
TDS TCS
(1) TDS is tax deduction at source TCS is tax collection at source.
(2) Person responsible for paying is Seller of certain goods or provider of certain
required to deduct tax at source at the services is responsible for collecting tax at
prescribed rate. source at the prescribed rate from the buyer.
Person who grants licence or lease (in
respect of any parking lot, toll plaza, mine or
quarry) is responsible for collecting tax at
source at the prescribed rate from the
licensee or lessee, as the case may be.
(3) Generally, tax is required to be Generally, tax is required to be collected
deducted at the time of credit to the at source at the time of debiting of the
account of the payee or at the time of amount payable by the buyer of certain
payment, whichever is earlier. goods to the account of the buyer or at the
However, in case of payment of salary time of receipt of such amount from the
and payment in respect of life said buyer, whichever is earlier.
insurance policy, tax is required to be However, in case of sale of jewellery or
deducted at the time of payment. bullion or any other goods or any services,
tax collection at source is required at the
time of receipt of sale consideration in
cash exceeding specified threshold limit.
Further, in case of sale of Motor Vehicle of
value exceeding ` 10 lakhs tax has to be
collected at the prescribed rate at the time
of receipt.
Question 12
Who is liable to pay advance tax? What is the procedure to compute the advance tax payable?

9.19 Income-tax
Answer
Persons liable to pay advance tax
As per section 207(1), tax shall be payable in advance during any financial year in accordance
with the provisions of sections 208 to 219, in respect of an assessee’s current income i.e., the
total income of the assessee which would be chargeable to tax for the assessment year
immediately following that financial year.
In order to reduce the compliance burden on senior citizens having passive sources of income
like interest, rent etc., section 207(2) provides exemption from payment of advance tax to a
resident individual-
(1) not having any income chargeable under the head “Profits and gains of business or
profession”; and
(2) of the age of 60 years or more at any time during the previous year.
As per section 208, the obligation to pay advance tax arises in every case where such tax
payable by the assessee during that year is `10,000 or more.
Procedure for computing advance tax payable [Section 209]
(1) An assessee has to first estimate his current income (under five heads of income after
applying the provisions of aggregation of income and set-off or carry forward of losses
and allowing deductions under Chapter VI-A).
(2) The assessee shall then compute the income-tax payable on his current income at the
rates in force in the financial year.
(3) The tax so calculated shall be reduced by the amount of tax which has been actually
deducted at source.
(4) Net agricultural income is also to be considered for the purpose of computing advance
tax in case of specified classes of assessees.
The specified percentage of advance tax shall be paid by the assessee on his accord on or
before the due date of each installment. A person who pays any installment or installments
may, increase or reduce the amount of advance tax payable in subsequent installment(s) in
accordance with his estimate of current income and the advance tax payable thereon
[Sections 210(1) and (2)].
Question 13
Briefly discuss the provisions relating to payment of advance tax on income arising from
capital gains and casual income.
Answer
The proviso to section 234C contains the provisions for payment of advance tax in case of
capital gains and casual income.

Advance tax is payable by an assessee on his/its total income, which includes capital gains
and casual income like income from lotteries, crossword puzzles, etc.
Since it is not possible for the assessee to estimate his capital gains, or income from lotteries
etc., it has been provided that if any such income arises after the due date for any installment,
then, the entire amount of the tax payable (after considering tax deducted at source) on such
capital gains or casual income should be paid in the remaining installments of advance tax,
which are due.
Where no such installment is due, the entire tax should be paid by 31st March of the relevant
financial year.
No interest liability on late payment would arise if the entire tax liability is so paid.
Note: In case of casual income the entire tax liability is fully deductible at source @30% under
section 194B and 194BB. Therefore, advance tax liability would arise only in respect of the
education cess and secondary and higher education cess element of such tax, if the same
along with tax liability in respect of other income, if any, is ` 10,000 or more.
Question 14
Briefly discuss the provisions of section 234B of the Income-tax Act, 1961 for short-payment
or non-payment of advance tax.
Answer
Provisions of section 234B for short-payment or non-payment of advance tax
(1) Interest under section 234B is attracted for non-payment of advance tax or payment of
advance tax of an amount less than 90% of assessed tax.
(2) The interest liability would be 1% per month or part of the month for the period from 1st
April next following the financial year upto the date of determination of total income under
section 143(1) and where a regular assessment is made, upto the date of such regular
assessment.
(3) Such interest is calculated on an amount equal to the assessed tax; in a case where
advance tax is paid in part, such interest is calculated on the amount of difference
between the assessed tax and the advance tax paid.
Question 15
What are the consequences of failure to deduct or pay the tax under section 201 of the
Income-tax Act, 1961?
Answer
Any person, including principal officer of a company, responsible for deducting tax at source
shall be deemed to be an assessee in default in respect of such tax, if he does not deduct or

9.21 Income-tax
after deducting fails to pay, the whole or any part of the tax as required by or under the
provisions of the Income-tax Act, 1961.
However, no penalty shall be charged under section 221 from such person, unless the
Assessing Officer is satisfied that such person, without good and sufficient reasons, has failed
to deduct and pay such tax.
As per section 201(1A), a person who fails to deduct tax or after deduction, fails to pay the
tax, is liable to pay simple interest@1% for every month or part of a month on the amount of
such tax from the date on which such tax was deductible to the date on which such tax is
actually deducted and simple interest @ 1½% for every month or part of month from the date
on which tax was deducted to the date on which such tax is actually paid. Such interest should
be paid before furnishing the statement of tax deducted at source under section 200(3).
Where such tax has not been paid after it is deducted, the amount of tax together with the amount
of simple interest thereon shall be a charge upon all the assets of the person, or the company, as
the case may be.
Exercise
1. Any person responsible for paying to a resident any sum exceeding ` 2.5 lakh towards
compensation for compulsory acquisition of his urban industrial land under any law has to deduct
income-tax at the rate of -
(a). 10%
(b). 15%
(c). 20%
2. The rate of TDS on rental payments of plant, machinery or equipment is -
(a). 2%
(b). 5%
(c). 10%
3. For non-payment or short payment of advance tax -
(a). interest is payable under section 234A
(b) interest is payable under section 234B
(c) interest is payable under section 234C
4. For deferment of advance tax -
(a) interest is payable under section 234A

(b) interest is payable under section 234B

(c) interest is payable under section 234C
(a) Certificate for deduction of tax at lower rate
(b) Installments of advance tax and due dates for payment of advance tax
(c) Payment of advance tax in case of capital gains
6. Explain the meaning of the following terms in the context of section 194J -
(a) Professional services
(b) Fees for technical services
7. Who are the “persons responsible for paying” taxes deducted at source as per section 204?
8. Which are the payments for which individuals and HUFs, who are liable to get their accounts
audited under section 44AB, are vested with the liability to deduct tax at source? Discuss.
Answers
1. a; 2. a; 3. b; 4. c.

10 Provisions for Filing Return of
Income
Key Points
Section Particulars
139(1) Assessees required to file return of income compulsorily
(i) Companies and firms (whether having profit or loss or nil income);
(ii) a person, being a resident other than not ordinarily resident, having any
asset (including any financial interest in any entity) located outside India
or signing authority in any account located outside India, whether or
not having income chargeable to tax;
(iii) Individuals, HUFs, AOPs or BOIs and artificial judicial persons whose
total income before giving effect to the provisions of section 10(38) or
Chapter VI-A exceeds the basic exemption limit.
Due date of filing return of income
30th September of the assessment year, in case the assessee is:
(i) a company;
(ii) a person (other than company) whose accounts are required to be
audited; or
(iii) a working partner of a firm whose accounts are required to be audited.
31st July of the assessment year, in case of any other assessee (other than
assessees who are required to furnish report under section 92E, for whom
the due date is 30th November of the assessment year).
139(3) Return of loss
An assessee can carry forward or set off his/its losses provided he/it has
filed his/its return under section 139(3), within the due date specified
under section 139(1).
Exceptions
Loss from house property and unabsorbed depreciation can be carried
forward for set-off even though return has not been filed before the due
date.

Provisions of Filing Return of Income 10.2
139(4) Belated Return

A return of income for any previous year, which has not been furnished
within the time allowed u/s 139(1), may be furnished at any time before
the:
(i) end of the relevant assessment year; or
(ii) completion of the assessment,
A belated return can also be revised.
139(5) Revised Return

If any omission or any wrong statement is discovered in a return furnished
u/s 139(1) or belated return u/s 139(4), a revised return may be furnished by
the assessee at any time:
(i) before the expiry of one year from the end of the relevant assessment
year; or
(ii) before the completion of assessment,
139(4A) Return of Income of Charitable Trusts and Institutions
Every person in receipt of income derived -
(i) from property held under trust wholly or partly for charitable or
religious purpose; or
(ii) by way of voluntary contributions on behalf of such trust or institution,
must furnish a return of income if the total income, in respect of which he is
assessable as a representative assessee (computed before allowing any
exemption u/s 11 &12) exceeds the basic exemption limit.
139(4B) Return of Income of Political Parties
A political party is required to file a return of income if its total income
(before claiming any exemption u/s 13A) exceeds the basic exemption limit.
Grant of exemption under section 13A is subject to the condition of the
political party filing a return of income within the time limit prescribed
u/s 139(1).
139(4C) Mandatory filing of returns by Scientific Research Associations,
News agency, Trade unions etc.
It is mandatory for a research association, news agency or trade union or
mutual fund referred to in section 10(23D) or securitization trust or venture
capital company/venture capital fund to file a return of income on or before
the due date under section 139(1), if its total income (before giving effect to
the exemption under section 10) exceeds the basic exemption limit.

10.3 Income-tax
Persons authorized to verify the Return of Income [Section 140]

This section specifies the persons who are authorized to verify the return of income
under section 139.
Assessee Circumstance Authorised Persons
1. Individual (i) In circumstances not - the individual himself
covered under (ii), (iii) &
(iv) below
(ii) where he is absent - the individual himself; or
from India - any person duly authorised by
him in this behalf holding a valid
power of attorney from the
individual (Such power of
attorney should be attached to
the return of income)
(iii) where he is mentally - his guardian; or
incapacitated from - any other person competent to
attending to his affairs act on his behalf
(iv) where, for any other - any person duly authorised by him
reason, it is not possible in this behalf holding a valid power
for the individual to verify of attorney from the individual
the return (Such power of attorney should be
attached to the return of income)
2. Hindu (i) in circumstances not - the karta
Undivided covered under (ii) and (iii)
Family below
(ii) where the karta is - any other adult member of the
absent from India HUF
(iii) where the karta is - any other adult member of the
mentally incapacitated HUF
from attending to his
affairs
3. Company (i) in circumstances not - the managing director of the
covered under (ii) to (v) company
below
(ii) (a) where for any - any director of the company
unavoidable reason such
managing director is not
able to verify the return; or
(b) where there is no - any director of the company
managing director

(iii) where the company is - a person who holds a valid

not resident in India power of attorney from such
company to do so (such power
of attorney should be attached
to the return).
(iv) (a) Where the
company is being wound - Liquidator
up (whether under the
orders of a court or
otherwise); or
(b) where any person has - Liquidator
been appointed as the
receiver of any assets of
the company
(v) Where the - the principal officer of the
management of the company
company has been taken
over by the Central
Government or any State
Government under any
law
4. Firm (i) in circumstances not - the managing partner of the firm
covered under (ii) below
(ii) (a) where for any
unavoidable reason such - any partner of the firm, not being
managing partner is not a minor
able to verify the return;
or - any partner of the firm, not
(b) where there is no being a minor
managing partner.
5 Local - - the principal officer
authority
6 Political - - the chief executive officer of
party such party (whether he is known
[referred to as secretary or by any other
in section designation)
139(4B)]
7 Any other - - any member of the association or
association the principal officer of such
association
8 Any other - - that person or some other person
person competent to act on his behalf.

10.5 Income-tax
Question 1
Paras is resident of India. During the F.Y. 2016-17, interest of ` 2,88,000 was credited to his Non-
resident (External) Account with SBI. ` 30,000, being interest on fixed deposit with SBI, was
credited to his saving bank account during this period. He also earned ` 3,000 as interest on this
saving account. Is Paras required to file return of income?
What will be your answer, if he owns one shop in Kerala having area of 150 sq. ft.?
Answer
An individual is required to furnish a return of income under section 139(1) if his total income,
before giving effect to the deductions under Chapter VI-A, exceeds the maximum amount not
chargeable to tax i.e. ` 2,50,000 (for A.Y. 2017-18).
Computation of total income of Mr. Paras for A.Y. 2017-18
Particulars `
Interest earned from Non-resident (External) Account ` 2,88,000 [Exempt under
section 10(4)(ii), assuming that Mr. Paras has been permitted by RBI to maintain NIL
the aforesaid account]
Interest on fixed deposit with SBI 30,000
Interest on savings bank account 3,000
Gross Total Income 33,000
Less: Deduction under section 80TTA (Interest on saving bank account) 3,000
Total Income 30,000
Since the total income of Mr. Paras for A.Y.2017-18, before giving effect to the deductions
under Chapter VI-A, is less than the basic exemption limit of ` 2,50,000, he is not required to
file return of income for A.Y.2017-18.
Owning a shop having area of 150 sq.ft in Kerala would not make any difference to the
answer.
Note: In the above solution, interest of ` 2,88,000 earned from Non-resident (External)
account has been taken as exempt on the assumption that Mr. Paras, a resident, has been
permitted by RBI to maintain the aforesaid account. However, in case he has not been so
permitted, the said interest would be taxable. In such a case, his total income, before giving
effect to the deductions under Chapter VIA, would be ` 3,21,000 (` 30,000 + ` 2,88,000 +
` 3,000), which is higher than the basic exemption limit of ` 2,50,000. Consequently, he would be
required to file return of income for A.Y.2017-18. Here again, ownership of shop in Kerala is
immaterial.

Question 2
State with reasons whether you agree or disagree with the following statements:
(a) Return of income of Limited Liability Partnership (LLP) could be verified by any partner.
(b) Time limit for filing return under section 139(1) in the case of Mr. A having total turnover
of ` 160 lakhs for the year ended 31.03.2017, whether or not opting to offer presumptive
income under section 44AD, is 30th September 2017.
Answer
(a) Disagree
The return of income of LLP should be verified by a designated partner.
Any other partner can verify the Return of Income of LLP only in the following cases:-
(i) where for any unavoidable reason such designated partner is not able to verify the
return, or,
(ii) where there is no designated partner.
(b) Disagree
In case Mr. A opts to offer his income as per the presumptive taxation provisions of
section 44AD, then, the due date under section 139(1) for filing of return of income for
the year ended 31.03.2017, shall be 31st July, 2017.
In case Mr. A does not opt for presumptive taxation provisions under section 44AD and,
he has to get his accounts audited under section 44AB, in which case the due date for
filing return would be 30th September, 2017.
Question 3
Specify the persons who are authorized to verify under section 140, the return of income filed
under section 139 of the Income-tax Act, 1961 in the case of:
(i) Political party;
(ii) Local authority;
(iii) Association of persons, and
(iv) Limited Liability Partnership (LLP).
Answer
The following persons (mentioned in Column III below) are authorised as per section 140, to
verify the return of income filed under section 139:
I II III
(i) Political party Chief Executive Officer of such party (whether known as
secretary or by any other designation).

10.7 Income-tax
(ii) Local authority Principal Officer thereof.

(iii) Association of Persons Any member of the association or the principal officer
thereof.
(iv) LLP Designated partner, or
Any partner,
- where the designated partner is not able to
verify the return for any unavoidable reason;
- where there is no designated partner.
Question 4
Mr. Vineet submits his return of income on 12-09-2017 for A.Y 2017-18 consisting of income
under the head salaries, “Income from house property” and bank interest. On 21-01-2018, he
realized that he had not claimed deduction under section 80TTA in respect of his interest
income on the Savings Bank Account. He wants to revise his return of income, since one year
has not elapsed from the end of the relevant assessment year. Discuss.
Answer
Since Mr. Vineet has income only under the heads “Salaries”, “Income from house property”
and “Income from other sources”, he does not fall under the category of a person whose
accounts are required to be audited under the Income-tax Act, 1961 or any other law in force.
Therefore, the due date of filing return for A.Y.2017-18 under section 139(1), in his case, is
31st July, 2017. Since Mr. Vineet had submitted his return only on 12.9.2017, the said return
is a belated return under section 139(4).
As per section 139(5), a return furnished under section 139(1) or a belated return u/s 139(4)
can be revised. Thus, a belated return under section 139(4) can also be revised. Therefore,
Mr. Vineet can revise the return of income filed by him under section 139(4), to claim
deduction under section 80TTA, since the time limit of one year from the end of the relevant
assessment year has not elapsed.
Question 5
State whether filing of income-tax return is mandatory for the assessment year 2017-18 in
respect of the following cases:
(i) Research association eligible for exemption under section 10(21) having total income
of ` 3,10,000
(ii) Registered trade union eligible for exemption under section 10(24) having following
incomes:
Income from house property (computed) ` 60,000
Income from other sources (computed) ` 40,000

(iii) A charitable trust registered under section 12AA, having total income of ` 2,60,000.
(iv) A Limited Liability Partnership (LLP) with business loss of ` 1,30,000.
Answer
(i) As per section 139(4C), a research association referred to in section 10(21) must file its
return of income within the due date under section 139(1) if its total income, without
giving effect to the provisions of section 10, exceeds the maximum amount which is not
chargeable to income-tax.
Since the total income of the research association exceeds the basic exemption limit of
` 2,50,000, it has to file its return of income for the A.Y.2017-18.
(ii) As per section 139(4C), a registered trade union referred to in section 10(24) must file its
return of income if the total income exceeds the basic exemption limit without giving
effect to the provisions of section 10.
Since the total income of the trade union is less than the basic exemption limit of
` 2,50,000, it need not file its return of income for the A.Y. 2017-18.
(iii) As per section 139(4A), a charitable trust registered under section 12AA must file its
return of income, if its total income computed as per the provisions of the Income-tax Act,
1961, without giving effect to the provisions of sections 11 and 12, exceeds the maximum
amount which is not chargeable to income-tax. Since the total income of the charitable
trust exceeds ` 2,50,000, it has to file its return of income for the A.Y. 2017-18.
(iv) As per third proviso to section 139(1), every company or firm shall furnish on or before
the due date the return in respect of its income or loss in every previous year. Since LLP
is included in the definition of “firm” under the Income-tax Act, 1961, it has to file its
return mandatorily, even though it has incurred a loss.
Question 6
(i) The Assessing Officer has the power, inter alia, to allot PAN to any person by whom no
tax is payable.
(ii) Where the Karta of a HUF is absent from India, the return of income can be verified by
any male member of the family.
Answer
(i) True : Section 139A(2) provides that the Assessing Officer may, having regard to the
nature of transactions as may be prescribed, also allot a PAN to any other person,
whether any tax is payable by him or not, in the manner and in accordance with the
procedure as may be prescribed.

10.9 Income-tax
(ii) False : Section 140(b) provides that where the Karta of a HUF is absent from India, the
return of income can be verified by any other adult member of the family; such member
can be a male or female member.
Question 7
The total income of a university without giving effect to exemption under section 10(23C) is
` 46 lacs. Its total income, however, is nil. Should the University file its return of income?
Answer
Section 139(4C) enjoins that, a university referred to in section 10(23C), should file the return of
income if its total income without giving effect to the exemption under section 10, exceeds the
basic exemption limit. The provisions of the Act will apply as if it were a return required to be
furnished under section 139(1). In the given case, since the total income of the University before
giving effect to the exemption exceeds the basic exemption limit, it has to file its return of income.
Question 8
Mrs. Hetal, an individual engaged in the business of Beauty Parlour, has got her books of
account for the Financial year ended on 31st March, 2017 audited under section 44AB. Her
total income for the assessment year 2017-18 is ` 3,35,000. She wants to furnish her return of
income for assessment year 2017-18 through a tax return preparer. Can she do so?
Answer
Section 139B provides a scheme for submission of return of income for any assessment year
through a tax return preparer. However, it is not applicable to persons whose books of account
are required to be audited under section 44AB. Therefore, Mrs. Hetal cannot furnish her return
of income for A.Y.2017-18 through a tax return preparer.
Question 9
Can an individual, who is not in India, verify the return of income from outside India? Is there
any other option?
Answer
As per section 140, return of income can be verified by an individual even if he is absent from
India. Hence, an individual can himself verify the return of income from a place outside India.
Alternatively, any person holding a valid power of attorney and duly authorised by the
individual can also verify the return of income. However, such power of attorney should be
attached along with the return of income.
Question 10
Explain with brief reasons whether the return of income can be revised under section 139(5) of
the Income-tax Act, 1961 in the following cases:
(i) Belated return filed under section 139(4).
(ii) Return already revised once under section 139(5).
(iii) Return of loss filed under section 139(3).

Answer
Any person who has furnished a return under section 139(1) or 139(4) can file a revised return
at any time before the expiry of one year from the end of the relevant assessment year or
before the completion of assessment, whichever is earlier, if he discovers any omission or any
wrong statement in the return filed earlier. Accordingly,
(i) A belated return filed under section 139(4) can be revised.
(ii) A return revised earlier can be revised again as the first revised return replaces the
original return. Therefore, if the assessee discovers any omission or wrong statement in
such a revised return, he can furnish a second revised return within the prescribed time
i.e. within one year from the end of the relevant assessment year or before the
completion of assessment, whichever is earlier.
(iii) A return of loss filed under section 139(3) is deemed to be return filed under section
139(1), and therefore, can be revised under section 139(5).
Question 11
Enumerate the circumstances in which an individual assessee is empowered to verify his
return of income under section 139 by himself or otherwise by any authorized person.
Answer
The following table enumerates the specific circumstances and the authorized persons
empowered to verify the return of income of an individual assessee filed under section 139(1)
in each such circumstance:
Circumstance Return of income, to be verified by
(i) Where he is absent from India - the individual himself; or
- any person duly authorised by him in this
behalf holding a valid power of attorney from
the individual. (Such power of attorney
should be attached to the return of income)
(ii) Where he is mentally incapacitated - his guardian; or
from attending to his affairs - any other person competent to act on his
behalf.
(iii) Where, for any other reason, it is - any person duly authorised by him in this
not possible for the individual to behalf holding a valid power of attorney from
verify the return the individual (Such power of attorney
should be attached to the return of income)
(iv) In circumstances not covered - the individual himself
under (i), (ii) & (iii) above

10.11 Income-tax
Question 12
Explain the term “return of loss” under the Income-tax Act, 1961. Can any loss be carried
forward even if return of loss has not been filed as required?
Answer
A return of loss is a return which shows certain losses. Section 80 provides that the losses
specified therein cannot be carried forward, unless such losses are determined in pursuance
of return filed under the provisions of section 139(3).
Section 139(3) states that to carry forward the losses specified therein, the return should be
filed within the time specified in section 139(1).
Following losses are covered by section 139(3):
• business loss to be carried forward under section 72(1),
• speculation business loss to be carried forward under section 73(2),
• loss from specified business to be carried forward under section 73A(2).
• loss under the head “Capital Gains” to be carried forward under section 74(1); and
• loss incurred in the activity of owning and maintaining race horses to be carried forward
under section 74A(3)
However, loss from house property to be carried forward under section 71B and unabsorbed
depreciation can be carried forward even if return of loss has not been filed as required under
section 139(3).
Question 13
Is a political party required to file return of Income? State the provisions applicable under the
Answer
Yes, a political party is required to file return of income if, without giving effect to the
exemption provisions under section 13A, the total income of the political party exceeds the
basic exemption limit.
In such cases, as per section 139(4B), the chief executive officer of the political party is
required to furnish a return of income of the party of the previous year within the due date
prescribed under section 139(1).
For the purpose of claiming exemption under section 13A, the accounts of the political party
have to be audited by a Chartered Accountant. Consequently, the due date of filing return for
such political parties would be 30th September of the assessment year.
In other cases, the due date of filing of return would be 31st July of the assessment year.

The return must be filed in the prescribed form and verified in the prescribed manner setting
forth such other particulars as may be prescribed by the CBDT.
The provisions of the Income-tax Act, 1961 would apply as if it were a return required to be
furnished under section 139(1).
Question 14
Who are the persons authorized to verify return of income in the case of individual under
section 139 of the Income-tax Act, 1961?
Answer
As per section 140(a), the persons authorised to verify the return of income of an individual
assessee filed under section 139(1) under different circumstances are as follows:
Circumstance Return of income, to be verified by
(i) Where he is absent from India - the individual himself; or
- any person duly authorised by him in
this behalf holding a valid power of
attorney from the individual to do so.
(ii) Where he is mentally incapacitated from - his guardian; or
attending to his affairs - any other person competent to act on
his behalf.
(iii) Where, for any other reason, it is not - any person duly authorised by him in
possible for the individual to verify the this behalf holding a valid power of
return attorney from the individual to do so.
(iv) In circumstances not covered under (i), (ii) - the individual himself
& (iii) above
Exercise
1. Akash, who is 32 years old, has long-term capital gains of ` 25,000 which is exempt under section
10(38) and deduction of Rs.80,000 under section 80C. He has to file a return of income for
A.Y.2017-18, if his total income is -
(a) ` 1,00,000
(b) ` 1,25,000
(c) ` 1,50,000
2. The due date for filing of a return of income for a company for Assessment year 2017-18 is -
(a) 31st July, 2017
(b) 30th September, 2017

10.13 Income-tax
(c) 31st October, 2017

(d) 31st August, 2017
3. For filing returns of income in respect of various entities, the Income-tax Act, 1961 has prescribed -
(a) Two due dates
(b) Three due dates
(c) Four due dates
4. Political parties -
(a) need not file their return of income
(b) should always file their return of income
(c) should file their return of income if the total income computed without giving effect to the
provisions of section 13A exceeds the basic exemption limit.
5. The return of a company has to be verified by -
(a) the Managing Director or Director
(b) the General Manager
(c) The Secretary
6. An assessee can file a revised return of income at any time before the completion of assessment
or before expiry of the following period, whichever is earlier -
(a). one year from the end of the relevant assessment year
(b). two years from the end of the relevant assessment year
(c). six months from the end of the relevant assessment year
7. As per section 139(1), filing of returns is compulsory for -
(a) companies only
(b) firms only
(c) both companies and firms
8. Write short notes on the following -
(a) Belated return
(b) Revised return
9. Filing of return of income on or before due date is necessary for carry forward of losses - Discuss
the correctness of this statement.
10. Who are the persons authorised to verify the return of income in the case of -
(a) Hindu Undivided Family

(b) Company
(c) Partnership firm
11. List ten transactions for which quoting of permanent account number is mandatory.
12. Briefly discuss about the interest chargeable under section 234A for delay or default in furnishing
return of income.
Answers
1. c; 2. b; 3. b; 4. c; 5. a; 6. a; 7. c.

DT Compressed PDF

Uploaded by

Copyright:

Available Formats

DT Compressed PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

DT Compressed PDF

Uploaded by

Copyright:

Available Formats

INTERMEDIATE (IPC) COURSE

[Relevant for May, 2017 & November, 2017

© The Institute of Chartered Accountants of India

 THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA

Revised Edition : October, 2016

Published by : The Publication Department on behalf of The Institute of Chartered

Typeset and designed at Board of Studies.

© The Institute of Chartered Accountants of India

Happy Reading and Best Wishes!

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

Unit- Income 6(a)(ii) 4 4(b)(i) 2 4(a) 8 16 1.6

© The Institute of Chartered Accountants of India

Chapter Chapter Heading Page No.

Annexure : Text of Income Computation and Disclosure Standards (ICDSs) notified on

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

In Common Parlance Under the Income-tax Act, 1961

© The Institute of Chartered Accountants of India

Previous Year & Assessment Year

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

 the income of any other person in respect of which he is assessable; or

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

(ii) If the control and management of the affairs is situated wholly

© The Institute of Chartered Accountants of India

Sr. Particulars Mr. Ramesh Mr. Suresh

© The Institute of Chartered Accountants of India

8. Agricultural income from a land in Andhra Pradesh - -

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

10. Income from a business in Pune (Mrs. Geetha 12,000 15,000

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

(ii) Income accruing or arising or deemed to accrue or arise in India.

© The Institute of Chartered Accountants of India

2015-16 100 days

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

Gross Annual Value [25,000 x 11] (See Note 1 below)

Computation of tax payable by Miss Charlie for the A.Y. 2017-18

© The Institute of Chartered Accountants of India

© The Institute of Chartered Accountants of India

since it does not accrue or arise in India nor is it deemed to

© The Institute of Chartered Accountants of India

received in India. This has been provided as an

© The Institute of Chartered Accountants of India