MOCK TEST - MKG CA EDUCATION
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Transcript of MOCK TEST - MKG CA EDUCATION
MOCK TEST 21.04.2014
MAY-2014 Intermediate-IPC
(With solution)
Total No. of Question – 7 Total No. of Printed Pages –32
Time Allowed – 3 Hour Maximum Marks – 100
Answers to questions are to be given only in English except in the case of candidates
who have opted for Hindi medium. If a candidate who has not opted for Hindi
medium, answers in Hindi, his answers in Hindi will not be valued.
Questions No.1 is compulsory.
Attempt any five questions from the remaining six questions
Working notes should form part of the answer.
Wherever necessary, suitable assumptions may be made and stated clearly by way of note.
Question 1(a): Marks 5
Mr. X has started rendering services w.e.f. 01/04/2013 and it is not covered in the Negative List and also not
covered in Mega Exemption. He has submitted particulars as given below:
1. Rendered services on 01/05/2013 and issued bill on 10/06/2013 for ` 6 lakhs and payment was received on
10/12/2013.
2. Rendered services on 07/06/2013 and issued bill on 30/06/2013 for ` 15 lakhs and payment was received on
07/03/2014.
3. Rendered services on 12/07/2013 and issued bill on 31/08/2013 for ` 30 lakhs and payment was received on
07/01/2014.
4. Rendered services on 22/11/2013 and issued bill on 28/12/2013 for ` 60 lakhs and payment was received on
10/02/2014.
All the above amounts are exclusive of Service Tax and Service Tax has been charged separately, wherever
applicable.
Compute the Service Tax Payable for each quarter and also last date upto which Service Tax should be paid.
If there was delay of 10 days on each payment, compute interest payable under section 75.
Solution:1(a)
First bill issued is of ` 6 lakhs and it is exempt from Service Tax because Service Provider is eligible for
SSP exemption.
2
Second bill issued is of ` 15 lakhs, out of which ` 4 lakhs is not taxable because Service Provider is eligible
for SSP exemption and balance of ` 11 lakhs shall be taxable on actual receipt basis in the 4th
quarter.
Third bill issued is of ` 30 lakhs and is taxable on actual receipt basis in the 4th
quarter.
Fourth bill issued is of ` 60 lakhs, out of which ` 9 lakhs (50-11-30) is taxable on actual receipt basis in the
4th
quarter and balance of ` 51 lakhs shall be taxable on the basis of Rule 3 of Point of Taxation Rules, 2011
and Point of Taxation shall be 22/11/2013 and taxable in third quarter.
`
Quarter 1: NIL
Quarter 2: NIL
Quarter 3:
Value of Services 51,00,000
Service Tax @12% 6,12,000
Add: Education Cess @2% 12,240
Add: SHEC @1% 6,120
Total Service Tax 6,30,360
This should be paid up to 05/01/2014.
Interest u/s 75:
6,30,360x15%x10/365 2,591
Quarter 4:
Value of Services (11,00,000+30,00,000+9,00,000) 50,00,000
Service Tax @12% 6,00,000
Add: Education Cess @2% 12,000
Add: SHEC @1% 6,000
Total Service Tax 6,18,000
This should be paid up to 31/03/2014.
Interest u/s 75:
6,18,000x15%x10/365 2,540
Question 1(b): Marks 5
The following particulars are provided by Mr. Karan of Calcutta, who has purchased Raw materials for
manufacturing product A and Product B from Mr. Piyush. The State VAT for Raw Materials and other
materials was 12.5%.
` 1. Cost of Raw materials purchased 3,00,000
2. VAT paid to Mr. Piyush 37,500
3. Cost of other materials
- Local Purchases 50,000
- Interstate Purchases 80,000
4. VAT paid on Local Materials Purchased-12.5% 6,250
3
5. CST Paid @ 2% 1,600
6. Manufacturing Expenses 49,200
7. Profit Margin (on Sale Value) 20%
Mr. Karan utilized and manufactured 75% of production as Product A and 25% of production as Product B.
While Product A are subject to 12.5% VAT, product B are exempt. All materials were used in production and
there was no closing stock of Raw materials and other materials.
What would be the invoice value of Sales charged by Mr. Karan if all the manufactured goods were sold within
the State? What would be his liability under VAT?
Solution: 1(b)
Computation of Turnover and VAT
Taxable Exempt
75% 25%
Cost of Raw Material Purchased 2,25,000.00 75,000.00
VAT @ 12.5% --- 9,375.00
Other material – Local Purchases 37,500.00 12,500.00
VAT @ 12.5% --- 1,562.50
Other Material - Interstate Purchases 61,200.00 20,400.00
Manufacturing expenses 36,900.00 12,300.00
Cost of Product 3,60,600.00 1,31,137.50
Selling Price
(3,60,600 x 100% / 80%)/(1,31,137.50 x 100% / 80%) 4,50,750.00 1,63,921.88
VAT @ 12.5% 56,343.75 Nil
Invoice value of sale 5,07,093.75 1,63,921.88
Computation of VAT Payable
Output VAT 56,343.75
Less: Input VAT credit
Raw Material (37,500 x 75%) 28,125.00
Other raw Material (6,250 x 75%) 4,687.50
Net VAT Payable 23,531.25
Rounded off 23,531.00
Question 1(c) Marks 5
Compute tax liability in the following cases for the assessment year 2014-15.
(i) Mr. X (resident) has total income of `5,05,000
(ii) Mr. X (non-resident) has total income of `5,20,000
(iii) Mrs. X (resident) has total income of `5,08,000
(iv) Mrs. X (non-resident) has total income of `12,00,000
(v) Mr. X (resident), aged 60 years has total income of `22,00,000
(vi) Mrs. X (resident), aged 60 years has total income of `105,00,000
(vii) Mr. X (non-resident), aged 60 years has total income of `70,00,000
(viii) Mrs. X (non-resident), aged 60 years has total income of `4,00,000
(ix) Mr. X (resident), aged 80 years has total income of `4,99,000
4
(x) Mrs. X (resident), aged 80 years has total income of `103,00,000
Solution 1(c):
Solution: `
(i) Computation of Tax Liability
Total Income 5,05,000
Tax on `5,05,000 at slab rate 31,000
Add: Education cess @ 2% 620
Add: SHEC @ 1% 310
Tax Liability 31,930
(ii) Computation of Tax Liability Total Income 5,20,000
Tax on `5,20,000 at slab rate 34,000
Add: Education cess @ 2% 680
Add: SHEC @ 1% 340
Tax Liability 35,020
(iii) Computation of Tax Liability Total Income 5,08,000
Tax on `5,08,000 at slab rate 31,600
Add: Education cess @ 2% 632
Add: SHEC @ 1% 316
Tax Liability 32,548
Rounded off u/s 288B 32,550
(iv) Computation of Tax Liability
Total Income 12,00,000
Tax on `12,00,000 at slab rate 1,90,000
Add: Education cess @ 2% 3,800
Add: SHEC @ 1% 1,900
Tax Liability 1,95,700
(v) Computation of Tax Liability
Total Income 22,00,000
Tax on `22,00,000 at slab rate 4,85,000
Add: Education cess @ 2% 9,700
Add: SHEC @ 1% 4,850
Tax Liability 4,99,550
(vi) Computation of Tax Liability
Total Income 105,00,000
Tax on `105,00,000 at slab rate 29,75,000
Add: Surcharge @ 10% 2,97,500
Tax before education cess 32,72,500
Add: Education cess @ 2% 65,450
Add: SHEC @ 1% 32,725
Tax Liability 33,70,675
Rounded off u/s 288B 33,70,680
5
(vii) Computation of Tax Liability
Total Income 70,00,000
Tax on `70,00,000 at slab rate 19,30,000
Add: Education cess @ 2% 38,600
Add: SHEC @ 1% 19,300
Tax Liability 19,87,900
(viii) Computation of Tax Liability
Total Income 4,00,000
Tax on `4,00,000 at slab rate 20,000
Add: Education cess @ 2% 400
Add: SHEC @ 1% 200
Tax Liability 20,600
Note: Rebate under section 87A is not allowed for non-resident.
(ix) Computation of Tax Liability
Total Income 4,99,000
Tax on `4,99,000 at slab rate Nil
Add: Education cess @ 2% Nil
Add: SHEC @ 1% Nil
Tax Liability Nil
(x) Computation of Tax Liability
Total Income 103,00,000
Tax on `103,00,000 at slab rate 28,90,000
Add: Surcharge @ 10% 2,89,000
Tax before education cess 31,79,000
Increase in income `3,00,000 over `100,00,000 and increase in tax in comparison to income
of `100,00,000,`3,79,000 (31,79,000 – 28,00,000), but increase in tax cannot be more than
increase in income hence marginal relief shall be `3,79,000 – `3,00,000 79,000
Tax after marginal relief 31,00,000
Add: Education cess @ 2% 62,000
Add: SHEC @ 1% 31,000
Tax Liability 31,93,000
Question 1(d) Marks 5
Mr. Rakesh and Mr. Anish are brothers and they earned the following incomes during the financial year 2013-
14. Mr. Rakesh settled in U.K. in the year 1975 and Mr. Anish settled in Surat. Compute the gross total income
for the Assessment Year 2014-15.
Sr. No. Particulars Mr. Rakesh Mr. Anish
1. Interest on U.K. development bonds, 50% of interest received in
India
25,000 20,000
2. Dividend from British Company received in London
8,000 10,000
3. Profit from a business in Mumbai, but managed directly from 10,000 12,000
6
London
4. Profit on sale of shares of an Indian company received in India
50,000 80,000
5. Income from a business in Delhi
20,000 20,000
6. Fees for technical services rendered in India, but received in
London
1,00,000 -
7. Interest on fixed deposit in SBI, Bangalore
5,000 15,000
8. Agricultural income from a land situated in Rajasthan
25,000 25,000
9. Income under the head House Property at Bangalore
50,400 33,600
Solution 1(d):
Computation of Total Income of Mr. Rakesh and Mr. Anish for the A.Y. 2014-15
Sl.
No.
Particulars Mr. Rakesh
Non-Resident
Mr. Anish
ROR
1. Interest on U.K. Development Bonds
12,500 20,000
2. Dividend from British Company received in London
- 10,000
3. Profit from a business in Mumbai but managed directly from London
10,000 12,000
4. Profit on sale of shares of an Indian company received in India
50,000 80,000
5. Income from a business in Delhi
20,000 20,000
6. Fees for technical services rendered in India but received in London
1,00,000 -
7. Interest on fixed Deposit in SBI Bangalore
5,000 15,000
8. Agricultural income from a land in Rajasthan [(Exempt u/s.10(1)]
- -
9. Income under the head House property at Bangalore
50,400 33,600
Gross Total Income 2,47,900 1,90,600
Notes:
1. Dividend received from British company in London, by a non-resident assessee is not taxable income, while
the same received by an ROR assessee is taxable and is not exempt under section 10(34) of Income Tax Act,
1961.
2. Agricultural income from a land situated in the State of Rajasthan, is exempted under section 10(1) of Income
tax Act, 1961 in case of both non-resident and resident assessee.
7
Question 2(a) Marks 5
Mr. X has let out one house property @ `70000 per month and there is unrealised Rent of 2 months and there is
vacancy of 3 month. Fair rent `60,000 per month, municipal valuation `55,000 per month and standard rent
`80,000 per month. Municipal tax paid `62,000. Interest on loan for construction of the house property is
`75,000.The assessee has unrealised Rent of `2,00,000 in P.Y. 2010-11 and he has recovered `1,50,000 in P.Y.
2013-14 and interest of `18,000 and he has incurred `11,000 as legal expense.
He is registered under DVAT/CST and he has purchased goods for `20,00,000 from Punjab and paid CST @
2% and goods were sold in Delhi at a profit of 30% on sale price and DVAT is charged @ 12.5%.
Compute his tax liability for assessment year 2014-15 and show the treatment for VAT. (ignore provisions of
section 44AD)
Solution 2(a)
Income under the head House Property
Gross annual value 7,20,000.00
Working Note: `
(a) Fair rent (60,000 x 12) 7,20,000
(b) Municipal valuation (55,000 x 12) 6,60,000
(c) Higher of (a) or (b) 7,20,000
(d) Standard Rent (80,000 x 12) 9,60,000
(e) Expected Rent {Lower of (c) or (d)} 7,20,000
(f) Rent Received (70,000 x 7) 4,90,000
If there was no vacancy , then Rent Receivable shall be 70,000 x 10 =
7,00,000, which is lower than the expected rent , hence the GAV shall be
7,20,000
Less: Municipal taxes paid 62,000.00
Net Annual Value 6,58,000.00
Less: 30% of NAV u/s 24(a) 1,97,400.00
Less: Interest on capital borrowed u/s 24(b) 75,000.00
3,85,600.00
Unrealised rent recovered of 2009-10 section 25AA 1,50,000.00
5,35,600.00
Income under the head Business and Profession
Sales (20,40,000 / 70%) 29,14,286.00
Purchases (20,00,000 + 40,000) 20,40,000.00
Profit 8,74,286.00
Income under the head House Property 5,35,600.00
Income under the head Business/Profession 8,74,286.00
Income from other sources 18,000.00
Gross Total Income 14,27,886.00
Less: Deduction u/s 80C to 80U NIL
Total Income 14,27,886.00
Rounded off u/s 288A 14,27,890.00
Computation of Tax Liability
Tax on `14,27,890 at slab rate 2,58,367.00
Add: EC @ 2% 5,167.34
8
Add: SHEC @ 1% 2,583.67
Tax Liability 2,66,118.01
Rounded off u/s 288B 2,66,120.00
Treatment of DVAT
Output VAT (29,14,286 x 12.5%) 3,64,285.75
Input tax credit Nil
VAT Payable 3,64,285.75
Rounded off 3,64,286.00
Question 2(b) Marks 4
(i) Siddhi Ltd. exported some goods to Samson Inc. of USA. It received US $ 9,000 as consideration for the
same and sold it @ ` 44 per US dollar. Compute the value of taxable service under rule 2B of the Service Tax
(Determination of Value) Rules, 2006 in the following cases:-
(a) RBI reference rate for US dollar at that time is ` 45 per US dollar.
(b) RBI reference rate for US dollars is not available.
(ii) What would be the value of taxable service if US $ 9,000 are converted into UK £ 4,500. RBI reference rate
at that time for US $ is ` 46 per US dollar and for UK £ is ` 88 per UK Pound.
Solution 2(b):
(i) (a) For a currency, when exchanged from, or to, Indian Rupees (INR), the value shall be equal to the
difference in the buying rate or the selling rate, as the case may be, and the Reserve Bank of India (RBI)
reference rate for that currency at that time, multiplied by the total units of currency.
Hence, in the given case, value of taxable service would be as follows:-
(RBI reference rate for $ – Selling rate for $) × Total units of US $
= ` (45-44) × 9,000
= ` 9,000
(b) If the RBI reference rate for a currency is not available, the value shall be 1% of the gross amount of Indian
Rupees provided or received, by the person changing the money .
Hence, in the given case, value of taxable service would be as follows:-
1% of ` (44 × 9,000)
=` 3,960
(ii) Where neither of the currencies exchanged is Indian Rupee, the value shall be equal to 1% of the lesser of
the two amounts the person changing the money would have received by converting any of the two currencies
into Indian Rupee on that day at the reference rate provided by RBI.
Hence, in the given case, value of taxable service would be 1% of the lower of the following:-
(a) US dollar converted into Indian rupees = $ 9,000 × ` 46
= ` 4,14,000
(b) UK pound converted into Indian rupees = £ 4,500× ` 88
= ` 3,96,000
Value of taxable service = 1% of ` 3,96,000
= ` 3,960
Question 2(c) Marks 4
Manufacturer A of Jaipur extracted raw produce X and raw produce Y from mines at `30,000 and `40,000
respectively and sold the same at 150% margin to Manufacturer B of Jaipur (VAT rate is 4% on produce X and
12.5% on produce Y).
Manufacturer B of Jaipur used X and Y as raw material; added 100% of cost of raw material towards
manufacturing expenses and profits and sold the resultant product to wholesaler C of Delhi (CST rate is 2%).
9
Wholesaler C of Delhi sold the same to Retailer D of Delhi at 20% above cost (VAT rate is 4%).
The Retailer D sold the same to a consumer at 20% above cost (VAT rate is 4%).
Show, by way of invoice method, the amount of VAT payable by each person.
Solution 2(c):
`
Manufacturer A
Cost of raw material X 30,000
Add: Profit @ 150% of `30,000 45,000
Total 75,000
Add: VAT @ 4% 3,000
Total Selling Price 78,000
Cost of raw material Y 40,000
Add: Profit @ 150% of `40,000 60,000
Total 1,00,000
Add: VAT @ 12.5% 12,500
Total Selling Price 1,12,500
Manufacturer B
Cost of Manufacturer B (`75,000 + `1,00,000) 1,75,000
Add: Profit @ 100% of cost 1,75,000
Total 3,50,000
Add: CST @ 2% 7,000
Total Selling Price 3,57,000
Balance in the VAT receivable account (3,000 + 12,500) – 7,000 8,500
Wholesaler C
Cost of Wholesale C 3,57,000
Add: Profit @ 20% 71,400
Total 4,28,400
Add: VAT @ 4% 17,136
Total Selling Price 4,45,536
Retailer D
Cost of Retailer D 4,28,400
(VAT credit shall be allowed for `17,136)
Add: Profit @ 20% 85,680
Total 5,14,080
Add: VAT @ 4% 20,563
Total Selling Price 5,34,643
Net tax payable shall be (20,563 – 17,136) 3,427
Question 2(d) Marks 3
Mr. Vaibhav owns five houses at Cochin. Compute the gross annual value of each house from the information
given below:
`
10
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
Solution 2(c):
House I `
Computation of Gross Annual Value
(a) Fair Rent 1,50,000
(b) Municipal Valuation 1,20,000
(c) Higher of (a) or (b) 1,50,000
(d) Standard Rent 1,08,000
(e) Expected Rent {Lower of (c) or (d)} 1,08,000
(f) Rent Received/Receivable 1,80,000
(g) Higher of (e) or (f) shall be GAV 1,80,000
House II `
Computation of Gross Annual Value
(a) Fair Rent 2,40,000
(b) Municipal Valuation 2,40,000
(c) Higher of (a) or (b) 2,40,000
(d) Standard Rent N.A
(e) Expected Rent {Lower of (c) or (d)} 2,40,000
(f) Rent Received/Receivable 2,10,000
(g) Higher of (e) or (f) shall be GAV 2,40,000
House III `
Computation of Gross Annual Value
(a) Fair Rent 1,14,000
(b) Municipal Valuation 1,10,000
(c) Higher of (a) or (b) 1,14,000
(d) Standard Rent 1,44,000
(e) Expected Rent {Lower of (c) or (d)} 1,14,000
(f) Rent Received/Receivable 1,20,000
(g) Higher of (e) or (f) shall be GAV 1,20,000
House IV `
Computation of Gross Annual Value
(a) Fair Rent 84,000
(b) Municipal Valuation 90,000
(c) Higher of (a) or (b) 90,000
(d) Standard Rent N.A
(e) Expected Rent {Lower of (c) or (d)} 90,000
(f) Rent Received/Receivable 1,08,000
(g) Higher of (e) or (f) shall be GAV 1,08,000
11
House V `
Computation of Gross Annual Value
(a) Fair Rent 80,000
(b) Municipal Valuation 75,000
(c) Higher of (a) or (b) 80,000
(d) Standard Rent 78,000
(e) Expected Rent {Lower of (c) or (d)} 78,000
(f) Rent Received/Receivable 72,000
(g) Higher of (e) or (f) shall be GAV 78,000
Question 3(a) Marks 8
Discuss taxability in the following cases:
(i) Mr. Jeevan Chauhan has received gift of ` 50,000 in cash from his friend.
(ii) Mr. Sudhanshu Mittal has received gift of ` 2,50,000 in cash from his brother.
(iii) Mr. Vishal Jain has received gift of ` 2,50,000 in cash from his mother’s sister.
(iv) Mr. Druv Goel has received gift of ` 2,50,000 in cash from his father’s brother.
(v) Mr. Nimit Aggarwal has received gift of ` 2,50,000 in cash from his cousin.
(vi) Mr. Naveen Jain has received gift of ` 2,50,000 in cash from brother of his spouse.
(vii) Mr. Sachin Bhatia has received gift of ` 2,50,000 in cash from his grand father.
(viii) Mr. Sunny Arora has received gift of ` 2,50,000 in cash from spouse of his brother.
(ix) Mr. Ritesh Bansal has received gift of ` 2,50,000 in cash from husband of his sister.
(x) Mr. Mohit Singh has received gift of ` 2,50,000 in cash from sister of his brother’s wife.
(xi) Mr. Rahul Kumar has received gift of ` 2,50,000 in cash from the sister of his spouse.
(xii) Mr. Hunny Jindal has received gift of `6,000 in cash on his birthday from each of his eleven friends.
(xiii) Mr. Satbeer Singh has received gift of ` 2,50,000 in kind from his friend.
(xiv) Mr. Ashok Kumar has received gift of `2,50,000 in cash from his friend on the occasion of his marriage.
(xv) Mr. Mukesh Verma has received gift of `1,00,000 in cash and `1,00,000 in kind from his fiancée.
Solution 3(a)
(i) Mr. Jeevan Chauhan has received gift of `50,000 in cash from his friend, in this case it will not be
considered to be his income.
(ii) Mr. Sudhanshu Mittal has received gift of `2,50,000 in cash from his brother, in this case it will not be
12
considered to be his income.
(iii) Mr. Vishal Jain has received gift of ` 2,50,000 in cash from his mother’s sister, in this case it will not be
considered to be his income.
(iv) Mr. Druv Goel has received gift of `2,50,000 in cash from his father’s brother, in this case it will not be
considered to be his income.
(v) Mr. Nimit Aggarwal has received gift of `2,50,000 in cash from his cousin, in this case it will be chargeable
to tax.
(vi) Mr. Naveen Jain has received gift of `2,50,000 in cash from brother of his spouse, in this case it will not be
considered to be his income.
(vii) Mr. Sachin Bhatia has received gift of `2,50,000 in cash from his grand father, in this case it will not be
considered to be his income.
(viii) Mr. Sunny Arora has received gift of `2,50,000 in cash from spouse of his brother, in this case it will not
be considered to be his income.
(ix) Mr. Ritesh Bansal has received gift of `2,50,000 in cash from husband of his sister, in this case it will not
be considered to be his income.
(x) Mr. Mohit Singh has received gift of `2,50,000 in cash from sister of his brother’s wife, in this case it will
be considered to be his income.
(xi) Mr. Rahul Kumar has received gift of `2,50,000 in cash from the sister of his spouse, in this case it will not
be considered to be his income.
(xii) Mr. Hunny Jindal has received gift of `6,000 in cash on his birthday from each of his eleven friends, in
this case it will be considered to be his income because the total amount is exceeding `50,000.
(xiii) Mr. Satbeer Singh has received gift of `2,50,000 in kind from his friend, in this case it will be considered
to be his income.
(xiv) Mr. Ashok Kumar has received gift of `2,50,000 in cash from his friend on the occasion of his marriage,
in this case it will not be considered to be his income.
(xv) Mr. Mukesh Verma has received gift of `1,00,000 in cash and `1,00,000 in kind from his fiancee, in this
case gift in cash will be considered to be his income and the gift in kind shall also be considered to be his
income.
Question 3(b) Marks 4
Sambahv Private Limited is engaged in providing the services liable to service tax. Compute the service tax
payable by it in the month of October, 2013 from the information furnished below:-
Particulars Amount
(`)
Services rendered to poor people free of cost (Value of the services computed on comparative 40,000
13
basis)
Advances received in October, 2013 from clients for which no service has been rendered so far 50,000
Renting of agro machinery for agricultural purpose 5,00,000
Amount received for the services rendered in July, 2013 (Bills for the same were issued on July
29, 2013)
60,000
Note: The aforesaid amounts are exclusive of service tax. Sambahv Private Limited is not eligible for small
service providers’ exemption in the financial year 2013-14.
Solution: 3(b)
Computation of Service Tax Payable by Sambhav Private Limited in the month of October, 2013:-
Particulars Amount(`)
Services rendered to poor people free of cost (Note-1) Nil
Advances received in October, 2013 from clients (Note-2) 50,000
Renting of agro machinery for agricultural purpose (Note-3) Nil
Amount received for the services rendered in July, 2013 ( Note-4) Nil
Value of taxable services 50,000
Service tax @ 12% = `50,000 × 12% 6,000
Education cess @ 2% = ` 6,000 × 2% 120
Secondary and higher education cess @ 1% = ` 6,000 × 1% 60
Service Tax Payable 6,180
Notes:
1. Service tax is chargeable on the value of service. Thus, service tax is not payable in case of free services
as there is no consideration in such case.
2. Advances received in October, 2013 shall be taxable in the month of receipt of advance only.
[Explanation to rule 3 of the Point of Taxation Rules, 2011].
3. Services relating to renting of agro machinery for agricultural purpose is included in the negative list of
service. Hence, it is not taxable.
4. Point of taxation in respect of the services rendered in July, 2013 is July 29, 2013. Hence, receipts of `
60,000 is not chargeable to service tax in October, 2013 [Rule 3(a) of the Point of Taxation Rules, 2011].
Question 3(c) Marks 4
Bhim, a registered dealer under DVAT /CST Act submits the following information for the month of February,
2014.
Particulars Amount
`
Rate of
VAT
Details of purchase
Raw material purchased from another State (CST @ 2%).
Raw material X purchased within the State
Raw material Y imported from Singapore (includes custom duty paid @ 10%)
Raw material Z purchased within the State.
12,00,000
18,00,000
13,00,000
8,00,000
1%
12.5%
Details of sales
Sale of goods produced from raw material X.
Sale of goods produced from inter-State purchase and imported raw materials.
Sale of goods produced from raw material Z.
30,00,000
34,00,000
12,00,000
4%
1%
12.5%
Note: The purchase and sales figures given above do not include VAT/CST.
14
Assume that there was no opening or closing inventory. Compute the amount of Value Added Tax (VAT)
payable by Bhim for the month of February, 2014.
Solution:3(c)
`
Computation of VAT payable by Bhim for the month of February’ 2014
Raw material purchased from another State
Purchase Price 12,00,000
Add: CST @ 2% 24,000
Total purchase price 12,24,000
Raw material X purchased within the State
Purchase Price 18,00,000
Add: VAT @ 1% 18,000
Raw material Y imported from Singapore
Purchase Price 13,00,000
Raw material Z purchased within the State
Purchase Price 8,00,000
Add: VAT @ 12.5% 1,00,000
Sale of goods produced from raw material X.
Sale Price 30,00,000
Add: VAT @ 4% 1,20,000
Sale of goods produced from inter-State purchase and imported raw materials.
Sale Price 34,00,000
Add: VAT @ 1% 34,000
Sale of goods produced from raw material Z.
Sale Price 12,00,000
Add: VAT @ 12.5% 1,50,000
Net Tax payable
Output tax (1,20,000 + 34,000 + 1,50,000) 3,04,000
Less: Tax credit (18,000 + 1,00,000) 1,18,000
Net tax payable 1,86,000
Question 4(a) Marks 4
Check the taxability of the following gifts received by Mrs. Rashmi during the previous year 2013-14 and
compute the taxable income from gifts for Assessment Year 2014-15:
(i) On the occasion of her marriage on 14.08.2013, she has received `90,000 as gift out of which `70,000 are
from relatives and balance from friends.
(ii) On 12.09.2013, she has received gift of `18,000 from cousin of her mother.
(iii) A cell phone of `21,000 is gifted by her employer on 15.08.2013.
15
(iv) She gets a gift of `25,000 from the elder brother of her husband's grandfather on 25.10.2013.
(v) She has received a gift of `2,000 from her friend on 14.04.2013.
Solution 4(a)
Computation of taxable income of Mrs. Rashmi from gifts for A.Y. 2014-15
Particulars Taxable amount Reason for taxability or
` otherwise of each gift
Relatives and friends Nil Gifts received on the occasion of
marriage are not taxable.
Cousin of Mrs. Rashmi’s mother 18,000 Cousin of Mrs. Rashmi’s mother is
not a relative. Hence, the gift is taxable.
Elder brother of husband’s grandfather 25,000 Brother of husband’s grandfather is
not a relative. Hence, the gift is taxable.
Friend 2,000 Gift from friend is taxable.
Aggregate value of gifts 45,000
Since the aggregate value of gifts received by Mrs. Rashmi during the previous year 2013-14 does not exceed
`50,000, the same is not chargeable to tax under section 56 of the Income-Tax Act, 1961.
Gift received from the employer in kind upto `5,000 is exempt from income tax but excess over it is taxable
hence in this case taxable amount of gift shall be `16,000 (21,000 – 5,000) and it will be taxable under the head
Salary.
Question 4(b) Marks 4
Mr. X has paid advance tax as given below:
Upto September 15, 2013 `45,000
Upto December 15, 2013 `95,000
He has not estimated any capital gain but he had long term capital gains of `3,00,000 on 01.01.2014. He has
paid advance tax upto 15th
March 2014 `1,70,000.
His actual income other than capital gains was found to be `11,00,000.
He has filed return of income on 10.12.2014 and has paid difference of the tax on 10.12.2014.
Last date for filing of return is 31.07.2014.
Compute interest payable under section 234A, 234B and 234C.
Solution 4(b)
Computation of Tax Liability
16
` Normal Income 11,00,000
Long term capital gains 3,00,000
Total Income 14,00,000
Tax on `11,00,000 at slab rate 1,60,000
Tax on `3,00,000 @ 20% 60,000
Add: Education cess @ 2% 4,400
Add: SHEC @ 1% 2,200
Tax Liability 2,26,600
(Tax liability excluding capital gains `11,00,000 at slab rate + EC @ 3% 1,64,800)
Computation of Interest under section 234C
Since capital gains arises on 1st January 2014, installments for 15
th September and 15
th December shall be
checked without including tax on capital gain and shall be as given below:
Amount payable
as advance tax
Amount actually paid
by way of advance tax
Shortfall Interest
` ` ` ` Upto September 15, 2013
(1,64,800 x 30%)
49,440 45,000 4,440
(4,400 x 1% x 3)
132
Upto December 15, 2013
(1,64,800 x 60%)
98,880 95,000 3,880
(3,800 x 1% x 3)
114
Installment for 15th
March shall be including tax on capital gains and is as given below:
Amount payable
as advance tax
Amount actually paid
by way of advance tax
Shortfall Interest
` ` ` ` Upto March 15, 2014
(2,26,600 x 100%)
2,26,600 1,70,000 56,600
(56,600 x 1% x 1)
566
Interest payable under section 234C ` 812
Interest under section 234B
56,600 x 1% x 9 `5,094
Interest under section 234A
56,600 x 1% x 5 `2,830
Question 4(c) Marks 4
Define the term “Negative List”. Specify all the services which have been included in Negative List of
Services.
Solution: 4(c)
According to Section 65B (34) of Finance Act, 1994 “negative list” means the services which have been listed
in section 66D. Following Seventeen services have been listed in Section 66D.
S. No. Description
1. Services by Government or a local authority excluding the following services to the extent
they are not covered elsewhere—
17
(i) services by the Department of Posts by way of speed post, express parcel post, life
insurance and agency services provided to a person other than Government;
(ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an
airport;
(iii) transport of goods or passengers; or
(iv) support services, other than services covered under clauses (i) to (iii) above, provided to
business entities;
2. services by the Reserve Bank of India;
3. services by a foreign diplomatic mission located in India;
4. services relating to agriculture or agricultural produce by way of—
(i) agricultural operations directly related to production of any agricultural produce including
cultivation, harvesting, threshing, plant protection or testing;
(ii) supply of farm labour;
(iii) processes carried out at an agricultural farm including tending, pruning, cutting,
harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading,
cooling or bulk packaging and such like operations which do not alter the essential
characteristics of agricultural produce but make it only marketable for the primary market;
(iv) renting or leasing of agro machinery or vacant land with or without a structure
incidental to its use;
(v) loading, unloading, packing, storage or warehousing of agricultural produce;
(vi) agricultural extension services;
(vii) services by any Agricultural Produce Marketing Committee or Board or services
provided by a commission agent for sale or purchase of agricultural produce;
5. trading of goods;
6. any process amounting to manufacture or production of goods;
7. selling of space or time slots for advertisements other than advertisements broadcast by radio or
television;
8. service by way of access to a road or a bridge on payment of toll charges;
9. betting, gambling or lottery;
10. admission to entertainment events or access to amusement facilities;
11. transmission or distribution of electricity by an electricity transmission or distribution utility;
12. services by way of—
(i) pre-school education and education up to higher secondary school or equivalent;
(ii) education as a part of a curriculum for obtaining a qualification recognised by any law
for the time being in force;
(iii) education as a part of an approved vocational education course;
13. services by way of renting of residential dwelling for use as residence;
14. services by way of—
(i) extending deposits, loans or advances in so far as the consideration is represented
by way of interest or discount;
(ii) inter se sale or purchase of foreign currency amongst banks or authorised dealers of
foreign exchange or amongst banks and such dealers;
15. service of transportation of passengers, with or without accompanied belongings, by—
(i) a stage carriage;
(ii) railways in a class other than—
(A) first class; or
(B) an air-conditioned coach;
(iii) metro, monorail or tramway;
(iv) inland waterways;
18
(v) public transport, other than predominantly for tourism purpose, in a vessel between
places located in India and
(vi) metered cabs, radio taxis or auto rickshaws.
16. services by way of transportation of goods—
(i) By road except the services of -
(A) a goods transportation agency; or
(B) a courier agency;
(ii) by an aircraft or a vessel from a place outside India upto the customs station of clearance
in India; or
(iii) by inland waterways;
17. Funeral, burial, crematorium or mortuary services including transportation of the deceased.
Question 4(d) Marks 4
Mention the purchases which are not eligible for input tax credit (any eight items) under Value Added Tax.
Solution:4(d) The following purchases are not eligible for input tax credit:
(i) purchases from unregistered dealer;
(ii) purchases from a registered dealer who opts for composition scheme;
(iii) purchases of goods as may be notified by the State Government;
(iv) purchases of goods where the purchase invoice is not available with the claimant;
(v) purchases of goods where invoice does not show the amount of tax separately;
(vi) purchases of goods which are being utilized in the manufacture of exempted goods;
(vii) purchases of goods used for personal use or provided free of charge as gifts;
(viii) imports from outside the territory of India;
(ix) imports from other States;
goods in stock, which have suffered tax under an earlier Act, but under the VAT Act they are covered under
exempted items. (Note: Any eight points may be given.)
Question 5(a) Marks 8 Determine the taxability of the following incomes in the hands of a resident and ordinarily resident, resident but
not ordinarily resident, and non-resident for the A.Y. 2014-15 –
Particulars Amount (` )
(1) Interest on UK Development Bonds, 50% of interest received in India 10,000
(2) Income from a business in Chennai (50% is received in India) 20,000
(3) Profits on sale of shares of an Indian company received in London 20,000
(4) Dividend from British company received in London 5,000
(5) Profits on sale of plant at Germany 50% of profits are received in India 40,000
19
(6) Income earned from business in Germany which is controlled from Delhi (`40,000 is
received in India)
70,000
(7) Profits from a business in Delhi but managed entirely from London 15,000
(8) Income from property in London deposited in a Indian Bank at London, brought to
India
50,000
(9) Interest for debentures in an Indian company received in London. 12,000
(10) Fees for technical services rendered in India but received in London 8,000
(11) Profits from a business in Bombay managed from London 26,000
(12) Pension for services rendered in India but received in Burma 4,000
(13) Income from property situated in Pakistan received there 16,000
(14) Past foreign untaxed income brought to India during the previous year 5,000
(15) Income from agricultural land in Nepal received there and then brought to India 18,000
(16) Income from profession in Kenya which was set up in India, received there but spent
in India
5,000
(17) Gift received on the occasion of his wedding 20,000
(18) Interest on savings bank deposit in State Bank of India 10,000
(19) Income from a business in Russia, controlled from Russia 20,000
(20) Dividend from Reliance Petroleum Limited, an Indian Company 5,000
(21) Agricultural income from a land in Rajasthan 15,000
Solution: 5(a)
Computation of Gross Total Income for the A.Y.2014-15
Particulars Resident and
ordinarily resident
`
Resident but not
ordinarily resident
`
Non
resident
`
(1) Interest on UK Development Bonds, 50% of
interest received in India
10,000 5,000 5,000
(2) Income from a business in Chennai (50% is
received in India)
20,000 20,000 20,000
(3) Profits on sale of shares of an Indian company
received in London
20,000 20,000 20,000
(4) Dividend from British company received in
London
5,000 - -
(5) Profits on sale of plant at Germany 50% of
profits are received in India
40,000 20,000 20,000
(6) Income earned from business in Germany
which is controlled from Delhi, out of which
`40,000 is received in India
70,000 70,000 40,000
(7) Profits from a business in Delhi but managed
entirely from London
15,000 15,000 15,000
(8) Income from property in London deposited in
a Bank at London, later on remitted to India
50,000 - -
(9) Interest for debentures in an Indian company
received in London.
12,000 12,000 12,000
(10) Fees for technical services rendered in India
but received in London
8,000 8,000 8,000
(11) Profits from a business in Bombay managed
from London
26,000 26,000 26,000
(12) Pension for services rendered in India but
received in Burma
4,000 4,000 4,000
20
(13) Income from property situated in Pakistan
received there
16,000 - -
(14) Past foreign untaxed income brought to India
during the previous year
- - -
(15) Income from agricultural land in Nepal
received there and then brought to India
18,000 - -
(16) Income from profession in Kenya which was
set up in India, received there but spent in India
5,000 5,000 -
(17) Gift received on the occasion of his wedding
[not an income]
- - -
(18) Interest on savings bank deposit in State
Bank of India
10,000 10,000 10,000
(19) Income from a business in Russia, controlled
from Russia
20,000 - -
(20) Dividend from Reliance Petroleum Limited,
an Indian Company [it is exempt u/s 10(34)]
- - -
(21) Agricultural income from a land in Rajasthan
[it is exempt u/s 10(1)]
- - -
Gross Total Income 3,49,000 2,15,000 1,80,000
Question 5(b) Marks 4
Lakhanpur Post Office provided the following services to persons other than Government during the quarter
ending 31.03.2014:-
Services rendered Amount (`)
Basic mail services 1,00,000
Transfer of money through money orders 5,00,000
Operation of saving accounts 1,50,000
Rural postal life insurance services 2,00,000
Distribution of mutual funds, bonds and passport applications 5,00,000
Issuance of postal orders 3,00,000
Collection of telephone and electricity bills 1,00,000
Pension payment services 50,000
Speed post services 5,00,000
Express parcel post services 2,00,000
Compute the service tax liability of Lakhanpur Post Office for the quarter ending 31.03.2014.
Notes:
1. Point of taxation for all the aforesaid cases fall during the quarter ending 31.03.2014.
2. All the service charges stated above are exclusive of service tax.
3. Small Service Providers’ exemption need not be taken into account while solving the aforesaid question.
Solution 5(b)
Services provided by the Government or a local authority are not chargeable to service tax as they are included
in the negative list. However, following services provided to a person other than Government, by the
Department of Posts are excluded from the negative list:-
(i) Speed post
(ii) Express parcel post
(iii) Rural postal Life Insurance
(iii) Agency services which include distribution of mutual funds, bonds, passport applications, collection of
telephone and electricity bills, etc.
Hence, the aforesaid services are taxable.
21
Thus, the amount of service tax payable by Lakhanpur Post Office for the quarter ending 31.03.2014 would be
as follows:-
Particulars Amount(`)
Basic mail services Nil
Transfer of money through money orders Nil
Operation of saving accounts Nil
Rural postal life insurance services 2,00,000
Distribution of mutual funds, bonds and passport applications 5,00,000
Issue of postal orders Nil
Collection of telephone and electricity bills 1,00,000
Pension payments Nil
Speed post services 5,00,000
Express parcel post 2,00,000
Value of taxable service 15,00,000
Service tax @ 12% [15,00,000×12%] 1,80,000
Education cess @ 2% [1,80,000×2%] 3,600
Secondary and higher education cess @ 1% [1,80,000×1%] 1,800
Service tax liability 1,85,400
Question 5 (c) Marks 4
The following are details of purchases, sales, etc. effected by Vasudha & Co., a registered dealer, for the year
ended 31.03.2014:
Particulars Amount
(`)
Purchase of raw materials within State, 1000 units, inclusive of VAT levy at 6% 5,30,000
Inter-State purchase of raw materials, inclusive of CST at 2% 2,04,000
Import of raw materials, inclusive of basic customs duty plus education cess of `36,050 4,35,000
Capital goods purchased on 01.05.2013, inclusive of VAT levy at 10% 3,30,000
(input credit to be spread over 2 financial years)
Other manufacturing expenses 1,50,000
Sale of taxable goods within State, inclusive of VAT levy at 4% 7,28,000
Sale of goods within State, exempt from levy of VAT 1,20,000
(Goods were manufactured from the Inter-State purchase of raw materials)
Closing stock as on 31.03.2014 was 100 units of raw materials purchased within the State
Input credit is allowed only on raw material used in manufacture of the taxable goods. Compute the VAT
liability of the dealer for the year ended 31.03.2014.
Solution:5(c)
Computation of VAT liability of Vasudha & Co. for the year ended 31.03.2014:-
Particulars Amount
22
(`) Input tax credit:
Intra-State purchases of 1000 units of raw materials
106
6000,30,5 30,000
Inter-State purchases of raw materials --
Import of raw materials --
Purchase of Capital Goods
2110
10000,30,3 15,000
Other manufacturing expenses --
Total input tax credit available : 45,000
Output VAT payable:
Sale of taxable goods within State [(7,28,000 x 4)/104] 28,000
Sale of exempted goods within State [Refer Note 2] --
VAT credit to be carried forward (28,000 – 45,000) (17000)
Notes:- 1. VAT paid on purchase of capital goods is eligible for input tax credit. However, the same has to be
spread over a period of two years.
2. VAT system allows credit in respect of purchases made during a period to be set-off against the taxable
sales during that period, irrespective of when the supplies/inputs purchased are utilized/sold. Therefore,
input tax credit in respect of closing stock of raw materials need not be reduced from total input tax
credit available.
Note: The statement in the question, “Input credit is allowed only on raw materials used in manufacture of the
taxable goods”, implies that the same is not allowable in respect of sale of goods within the State which are
exempt from levy of VAT.
Question 6(a) Marks 8
Determine residential status of Mr. Naresh Jindal for the assessment year 2014-15, who stays in India during
various financial years asunder:
Previous
Years
1 2 3 4 5 6 7 8
2013-14 65 183 181 69 300 70 72 95
2012-13 91 90 87 110 97 99 94 92
2011-12 190 78 98 91 103 104 101 100
2010-11 89 120 189 196 110 98 97 96
2009-10 87 91 92 93 94 95 94 93
2008-09 86 99 92 95 99 100 101 100
2007-08 84 66 93 94 366 210 209 208
2006-07 105 210 91 93 — 0 91 92
2005-06 110 110 92 92 362 300 200 100
2004-05 112 94 93 91 10 99 88 77
2003-04 100 96 91 90 310 100 99 92
2002-03 91 199 90 89 210 92 94 96
23
2001-02 94 81 89 8 92 80 70 60
2000-01 97 82 88 87 88 55 65 75
1999-00 99 83 87 86 84 40 50 60
Solution:6(a)
CASE 1:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Non-Resident
2009-10 Resident
2008-09 Resident
2007-08 Resident
2006-07 Resident
2005-06 Resident
2004-05 Resident
2003-04 Resident
Total stay in 7 years preceding the relevant previous year is 732 days.
Since the assessee is not able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be ROR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
CASE 2:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Resident
2009-10 Resident
2008-09 Resident
2007-08 Resident
2006-07 Resident
2005-06 Resident
2004-05 Resident
2003-04 Resident
Total stay in 7 years preceding the relevant previous year is 754 days.
Since the assessee is not able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be ROR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
24
CASE 3:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Resident
2009-10 Resident
2008-09 Resident
2007-08 Resident
2006-07 Resident
2005-06 Non-Resident
2004-05 Non-Resident
2003-04 Non-Resident
Total stay in 7 years preceding the relevant previous year is 742 days.
Since the assessee is not able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be ROR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
CASE 4:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Resident
2009-10 Resident
2008-09 Resident
2007-08 Resident
2006-07 Non-Resident
2005-06 Non-Resident
2004-05 Non-Resident
2003-04 Non-Resident
Total stay in 7 years preceding the relevant previous year is 772 days.
Since the assessee is not able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be ROR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
CASE 5:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Resident
2009-10 Resident
25
2008-09 Resident
2007-08 Resident
2006-07 Non-Resident
2005-06 Resident
2004-05 Non-Resident
2003-04 Resident
Total stay in 7 years preceding the relevant previous year is 869 days.
Since the assessee is not able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be ROR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
CASE 6:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Resident
2009-10 Resident
2008-09 Resident
2007-08 Resident
2006-07 Non-Resident
2005-06 Resident
2004-05 Non-Resident
2003-04 Non-Resident
Total stay in 7 years preceding the relevant previous year is 706 days.
Since the assessee is able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be NOR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
CASE 7:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Resident
2009-10 Resident
2008-09 Resident
2007-08 Resident
2006-07 Resident
2005-06 Resident
2004-05 Non-Resident
2003-04 Non-Resident
26
Total stay in 7 years preceding the relevant previous year is 787 days.
Since the assessee is not able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be ROR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
CASE 8:
2013-14 Resident
2012-13 Resident
2011-12 Resident
2010-11 Resident
2009-10 Resident
2008-09 Resident
2007-08 Resident
2006-07 Resident
2005-06 Non-Resident
2004-05 Non-Resident
2003-04 Non-Resident
Total stay in 7 years preceding the relevant previous year is 781 days.
Since the assessee is not able to comply with any of the conditions of section 6(6)(a), as listed below, he will be
considered to be ROR.
1. He is non resident in India in at least nine out of ten previous years preceding that year.
or
2. He has during the seven previous years preceding that year been in India for a period of 729 days or less.
Question 6(b) Marks 8
Briefly answer the following questions:-
(i) Does a service provider have an option to pay service tax at a rate different from the general rate
applicable on gross value of taxable services, in the case of purchase or sale of foreign currency?
(ii) What is EASIEST scheme and state the benefits in the context of service tax ?
(iii) Vibha Ltd. is engaged in providing management consultancy services. It was liable to pay the service
tax amounting to ` 10,000, electronically, for the month of August 2013. However, due to some
unavoidable circumstances, it could not pay the said amount on due date and paid the service tax on 30th
November, 2013. You are required to compute the interest payable by Vibha Ltd. on delayed payment of
service tax. (Assume that value of taxable services is above `60 lakh in preceding financial year.)
(iv) State the due dates for filing of service tax returns. Will the delayed filing of service tax return result in
payment of any late fee? If so, how much?
Solution:6(b)
27
(i) Yes, the person liable to pay service tax in relation to purchase or sale of foreign currency, including
money changing, has an option to pay an amount at the following rates instead of paying service tax at the rate
of 12%:-
S. No. For an amount Service tax shall be calculated at the rate of
1. Upto ` 100,000 0.12 % of the gross amount of currency exchanged
or
` 30
whichever is higher
2. Exceeding ` 1,00,000 and upto
`10,00,000
` 120 + 0.06 % of the gross amount of currency
exchanged – `1 lakh)
3. Exceeding ` 10,00,000 ` 660 + 0.012 % of the gross amount of currency
exchanged – `10 lakh)
or
` 6,000
whichever is lower
However, the person providing the service shall exercise such option for a financial year and such option shall
not be withdrawn during the remaining part of that financial year.
(ii) EASIEST stands for Electronic Accounting System in Excise and Service Tax. It makes tax payment
easy. This facility is available with 28 banks.
The benefits of EASIEST to the taxpayer are as follows:-
(a) Only one copy of the challan is to be filled instead of four copies as required earlier.
(b) EASIEST facilitates online verification of the status of tax payment using Challan Identification
Number.
(iii) Computation of interest payable on delayed payment of service tax by Vibha Ltd.:-
Due date of payment of service tax 06.09.2013
Actual date of payment 30.11.2013
No. of days of delay (24+31+30) 85
Amount of service tax ` 10,000/-
Calculation of interest under section 75 @ 18% per annum* 10,000 x 365
85x
100
18
Amount of interest payable ` 419/-
(iv) The service tax return (in Form ST-3) should be filed on half yearly basis by the 25th of the month
following the particular half-year. The due dates on this basis are as under:
Half year Due date
1st April to 30th September 25th October
1st October to 31st March 25th April
In case the due date of filing of return falls on a public holiday, the assessee can file the return on the
immediately succeeding working day.
Yes, late fee will be levied for delay in furnishing of the service tax return. The prescribes late is given
hereunder:
S. No.
Period of delay Late fee
Particulars `
(a)
(b)
(c)
15 days from the date prescribed for submission of the return
Beyond 15 days but not later than 30 days from the date
prescribed for submission of the return.
Beyond 30 days from the date prescribed for submission of the
500
1,000
An amount of ` 1,000 plus `100
28
return for every day from the 31st day
till the date of furnishing the
said return
However, the total late fee for delayed submission should not exceed ` 20,000
Question 7(a) Marks 4
(i) Compute the eligible deduction under section 80C for A.Y.2014-15 in respect of life insurance premium
paid by Mr. Himesh during the P.Y.2013-14, the details of which are given hereunder –
Date of issue
of Policy
Person insured Actual capital
Sum assured
(`)
Insurance
premium paid
during 2013-14
(`)
(i) 1/6/2011 Mr. Himesh 2,00,000 75,000
(ii) 1/5/2012 Mrs. Himani, his wife 2,00,000 25,000
(iii) 1/7/2013 Ms. Shweta, his handicapped
daughter (section 80U disability)
3,00,000 60,000
(iv) 1/7/2013 Mr. Siddhartha, his son 4,00,000 25,000
Total Premium paid 1,85,000
(ii) Mr. Aayush purchased a residential house property for self-occupation at a cost of ` 28 lakh on 1.5.2013, in respect of
which he took a housing loan of ` 20 lakh from the State Bank of India (SBI) @12% p.a. on the same date. The SBI had
sanctioned housing loan of ` 22 lakhs on 29th April, 2013. Compute the eligible deduction in respect of interest on
housing loan for A.Y.2014-15 under the provisions of the Income-tax Act, 1961, assuming that the entire loan was
outstanding as on 31.3.2014 and he does not own any other house property.(assume assessee satisfy all the condition for
claiming higher deduction under section 24(b))
Solution:7(a)
(i) Computation of eligible deduction under section 80C for A.Y. 2014-15
(in respect of life insurance premium paid by Mr. Himesh)
Date of issue
of policy
Person insured Actual capital
sum assured
Insurance
premium
paid during
2013-14
Restricted
to % of
sum assured)
Deduction
u/s 80C for
A.Y.2014-
15
(i) 1/6/2011 Mr. Himesh 2,00,000 75,000 20% 40,000
(ii) 1/5/2012 Mrs. Himani 2,00,000 25,000 10% 20,000
(iii) 1/7/2013 Handicapped
daughter
3,00,000 60,000 15% 45,000
(iv) 1/7/2013 Son 4,00,000 25,000 10% 25,000
Total 1,30,000
Maximum deduction u/s 80C restricted to 1,00,000
Note:
In respect of policies issued Maximum deduction u/s 80C
(% of actual capital sum assured)
between 01-04-2003 and 31-03-2012 20%
between 01-04-2012 and 31-03-2013 10%
29
on or after 01-04-2013
- Insurance on life of person with disability u/s 80U
- Others
15%
10%
(ii)
Computation of eligible deduction in respect of interest on housing loan for A.Y. 2014-15
Particulars ` Deduction under section 24(b) [See Note 1]
` 2,20,000 [` 20,00,000 × 12% × 11/12]
Restricted to 1,50,000
Deduction under section 80EE (` 2,20,000 – `1,50,000) [See Note 2] 70,000
Note:
(1) Mr. Aayush is entitled to deduction under section 24(b) in respect of interest on loan taken for purchase of
self-occupied property, subject to a maximum of ` 1,50,000.
(2) Mr. Aayush is also entitled to deduction under section 80EE under Chapter VIA (i.e. deductions from gross
total income), in addition to deduction under section 24(b) since –
(1) the loan is sanctioned by State Bank of India, being a financial institution, during the period between
1.4.2013 and 31.3.2014;
(2) the loan amount sanctioned is less than ` 25 lakh;
(3) the value of the house property is less than ` 40 lakh;
(4) he does not own any other residential house property.
Note: The maximum deduction under section 80EE is ` 1,00,000. Since Mr. Aayush has availed only `70,000
in the P.Y. 2013-14, he can avail the balance ` 30,000 as deduction under section 80EE in the P.Y.2014-15
(A.Y. 2015-16) in addition to deduction of ` 1,50,000 under section 24 for that year.
Question 7(b) Marks 4
Bhupesh owns a residential house property. It has two identical units—unit I and unit II. Unit I is self–occupied
by Bhupesh and his family members, unit II is let out (rent being `7,500 per month, this unit remained vacant
for one month during which it was self-occupied). Municipal value of the property is `1,30,000. Standard rent is
`1,40,000 and fair rent is `1,53,000. Municipal taxes is imposed @ 12% (on municipal value) which is paid by
Bhupesh. Other expenses for the previous year 2013-14 being repairs `5,100 and insurance `6,300.
Bhupesh borrowed `9,00,000 on 01.07.2010 from LIC @ 12% p.a. to construct the property. Construction of
the house was completed on 30.06.2012. The entire loan is still unpaid.
Compute the total income and tax liability of Mr. Bhupesh for the assessment year 2014-15 on the assumption
that income of Bhupesh from other sources is `2,90,000.
Solution:7(b) `
Computation of income of Unit-I
Since the unit is self-occupied throughout the year. Hence its income shall be computed under section 23(2),
accordingly there will be loss `30,000.
Computation of income of Unit-II
It will be considered to be partially self-occupied and partially let out and income shall be computed under
section 23(3) in the manner given below:
30
` Gross Annual Value 82,500.00
Working Note: `
(a) Fair Rental Value 76,500
(b) Municipal Valuation 65,000
(c) Higher of (a) or (b) 76,500
(d) Standard Rent 70,000
Expected Rent {Lower of (c) or (d) 70,000
(e) Expected Rent 70,000
(f) Rent Received/Receivable (7,500 x 11) 82,500
GAV = Higher of (e) or (f) 82,500
Less: Municipal taxes 7,800.00
Net Annual Value 74,700.00
Less: 30% of NAV u/s 24(a) 22,410.00
Less: Interest on capital borrowed u/s 24(b) 72,900.00
Working note:
Current period interest
From 01.04.2013 to 31.03.2014
= 9,00,000 x 12% = `1,08,000
Prior period interest
From 01.07.2010 to 31.03.2012
= 9,00,000 x 12% x 21 / 12 =1,89,000
Installment = 1,89,000 / 5 = 37,800
Total interest= 1,08,000 + 37,800 = 1,45,800
Interest allowed for one unit = 1,45,800 / 2 = `72,900
Loss from house property (20,610.00)
Loss under the head House Property is
(`20,610) + (`30,000) (50,610.00)
Income under the head Other Sources 2,90,000.00
Gross Total Income 2,39,390.00
Less: Deductions u/s 80C to 80U Nil
Total Income 2,39,390.00
Computation of Tax Liability
Tax on `2,39,390 at slab rate 3,939.00
Less: Rebate u/s 87A (3,939 or 2,000 whichever is less) 2,000.00
Tax before education cess 1,939.00
Add: Education cess @ 2% 38.78
Add: SHEC @ 1% 19.39
Tax Liability 1,997.17
Rounded off u/s 288B 2,000.00
Note: Since condition regarding certificate has not been complied with hence interest has been allowed
maximum to the extent of `30,000.
Question 7(d) Marks 4
(i) M/s Future Gaming Solutions India Private Limited is a distributor of lottery organized by State of
Sikkim provides following information:
Particulars Diwali Bumper Diwali Dhamaka
31
Total No of Tickets 2,50,000 2,50,000
Face Value of Tickets 100 100
Value of Guaranteed Prize Payout 51.11% 51.11%
Actual Number of ticket sold 2,00,000 2,00,000
Mode of conducting the scheme Printed On line
Compute Service tax payable under Rule 6(7C) of service tax Rules, 1994.
(ii) What are the due dates for payment of service tax?
Solution7(d)(i):
`
Printed Mode
2,50,000 x 100 x 11,000 = 2,75,000
10,00,000
Education Cess @ 3% 8,250
2,83,250
On Line Mode
2,00,000 x 100 x 11,000 2,20,000
10,00,000
Education Cess @ 3% 6,600
2,26,600
Solution7(d)(ii):
The due date for payment of service tax on the service which is deemed to be provided (as per the Point of
Taxation Rules, 2011) by an individual or a proprietary firm or a partnership firm:-
S.
No.
Particulars Due date for payment of service
tax
1. If the service tax is paid electronically through internet
banking
6th day of the following quarter
2. In any other case 5th day of the following quarter
3. In the case service is deemed to be provided in the
quarter ending in March
31st day of March
Due date for payment of service tax on the service which is deemed to be provided (as per the
Point of Taxation Rules, 2011) in any other cases (company and HUF):-
S. No. Particulars Due date for payment of service
tax
1. If the service tax is paid electronically through
internet banking
6th day of the following month
2. In any other case 5th day of the following month
3. In the case service is deemed to be provided in the
month of March
31st day of March
Question 7(e) Marks 4
List out the merits of VAT.
Solution:7(e)
Merits of VAT
32
1. No tax evasion is possible as the credit of duty paid is allowed against the liability on the final product
manufactured or sold. Under VAT, unless proper records are kept in respect of various inputs, it is not possible
to claim credit. A perfect system of VAT is a perfect chain where tax evasion is difficult.
2. Neutrality is the greatest advantage of VAT. VAT does not interfere in the choice of decision for purchases
because it has anti-cascading effect. The system is neutral with regard to choice of production technique, as well
as business organisation. All other things remaining the same, the issue of tax liability does not vary the
decision about the source of purchase.
3. It has a certainty as it is based simply on transactions. There is no need to go through complicated definitions
like sales, sales price, turnover of purchases and turnover of sales. The tax is also broad-based and applicable to
all sales in business leaving little room for different interpretations.
4. Transparency is ensured as the buyer knows, out of the total amount paid for purchases of material, what is
the amount paid towards VAT. This transparency enables the State Governments to know as to what is the exact
amount of tax coming at each stage. Thus, it is a great aid to the Government while taking decisions with regard
to rate of tax etc.
5. For Government, better revenue collection and stability is achieved as the tax credit will be given only if the
proof of tax paid at an earlier stage is produced. This means that if the tax is evaded at one stage, full tax will be
recoverable from the person at the subsequent stage or from a person unable to produce proof of such tax
payment.
6. Since the tax paid on an earlier stage is to be received back, the system promotes better accounting systems.
Note: Any four points may be given.