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Appendix

IPCC Gr. I (New Course)

(Solution upto Nov - 2010 & Questions of May - 2011 included)

Paper - 4 : Taxation

Chapter - 2 : Basic Concepts

2011 - May [2] (a) (i) 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 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 ? (4 marks)

Chapter - 3 : Income which do not form part of Total Income

2010 - Nov [2] (a) (i) Which income of Sikkimese individual is exempted from tax under section

10 (26 AAA) ? (4 marks)

Answer :

Income of Sikkimese see 10 (26 AAA) :

Following income of an individual; being a sikkimese is exempt – (i) From any source in the state of sikkim; or

(ii) by way of dividend or interest on securities.

Note : The exemption is not available to a sikkimese women who, on or after 1/4/2008, marries

on individual who is not a sikkimese.

2010 - Nov [4] (a) (ii) Can a political party claim exemption of its income under Section 13A of

the Income tax Act, 1961 ? (4 marks)

Answer :

Yes, Under Section 13 A the following incomes derived by a political party are exempt in

computing its total income :

(i) Income which is chargeable under head 'Income from House Property; or

(ii) Income chargeable under the head 'Income from other sources;

(iii) Any income by way of capital gains;

(iv) Any income by way of voluntary contribution from any person.

The above exemption is available when the following conditions are satisfied :



Appendix IPCC Gr. I Paper - 4 I-2

(i) maintenance of such books of accounts and other documents as will enable the Assessing

Officer to compute the income there from;

(ii) a record of name and address of persons contributing in excess of ̀ 20,000;

(iii) accounts are audited by a Chartered Accountant ;

(iv) the treasurer of such political partly or any person authorised by the political party in this

behalf must submit a report under Section 29C(3) of the Representation of People Act,

1951 for the relevant financial year.

2011 - May [1] {C} (b) 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 31-3-2011 are as under :

(` in lacs)

S NDomestic 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. (5 marks)

Chapter - 4 : Income from Salaries

2010 - Nov [5] (a) From the following details find out the salary chargeable to tax for the

assessment year 2011-12.

Mr. X is a regular employee of Rama & Co. in Gurgaon. He was appointed on 01.01.10 in

the scale of 20000-1000-30000. He is paid 10% D.A. & Bonus equivalent to one month pay. 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. (8 marks)

Answer :

Computation of taxable salary of Mr.X for A.Y. 2011-12

Particulars `

Basic pay [(20,000×9) + (21,000×3)] = 1,80,000 +63,000

Dearness allowance [10% of basic pay]

Bonus [Note 2]

Employer’s contribution to RPF in excess of 12% (15%-12% =3% of

` 2,67,300) [Note 1]

Taxable allowances

Telephone allowanceTaxable perquisites

Rent-free accommodation [Note 1 & 4]

Medical reimbursement (25,000 - 15,000) [Note 5]

Reimbursement of salary of housekeeper

Gift voucher

Salary income chargeable to tax

2,43,000

24,300

21,000

8,019

6,000

44,145

10,000

12,000

10,000

3,78,464

Notes:

1. It has been assumed that DA forms part of salary for retirement benefits and accordingly,

the perquisite value of rent-free accommodation and employer’s contribution to RPF have

been worked out.

2. Bonus has been determined as one month’s basic pay as at the end of the year i.e. ` 21,000.

In the alternative, the problem can also be worked out by taking bonus as ` 20,000, beingone month’s basic pay upto 31.12.2010.

3. Facility of laptop is not a taxable perquisite.

4. When 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.

Valuation of rent free house, for the purpose of 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

Thus salary is :

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).

The perquisite value is ` 44,145.

5. According to section 17(2) Clause (v) 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.

6. Premium of ̀ 5,000 paid by the employer for personal accident policy is not liable to tax.

7. Conveyance allowance is exempt because it is based on actual reimbursement for official

purposes.2010 - Nov [7] (a) Answer the question.

(i) Mr. Shah, an Accounts Manager, has retired from JK Ltd. on 15.1.2011 after rendering

services for 30 years 7 months. His salary is ` 25,000/- p.m. upto 30.9.2010 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 Payments of

Gratuity Act, 1972. He has received ` 8 Lacs as gratuity from the employer company.

(4 marks)

Answer :

Calculation of Gratuity taxable in the hand, of Mr. Shah :

As Mr. Shah is not covered by the payments of Gratuity Act, 1972. The least of the following

is exempt:

(a) ` 3,50,000(b) Gratuity Actually received

(c) × Last 10 months Average Salary × Completed years of service rendered by employee

Where :

Last 10 months Avg. Salary = = ` 26,700/-

Completed years of service = 30 year 7 months i.e. = 30 years

Hence exemption :

(a) ` 3,50,000

(b) ` 8,00,000 (Actual gratuity received)

(c) × 26,700 × 30 = 4,00,500

Hence exemption in respect of gratuity = ` 3,50,000 (Being least of above)

Chapter - 5 : Income from House Property

2010 - Nov [7] (a) Answer the question.




(iii) 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. (4 marks)

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.

(ii) House property with disputed ownership : U/s 27 of Income Tax Act, 1961 in case of Holder of importable estate the holder of importable estate is deemed to be owner of all

properties comprised in the estate, therefore in the present case the holder of the disputed

house property will be deemed as owner of that property & annual value of the above

property will be chargeable in his hands u/s 22.

Chapter - 6 : Profits & Gains of Business

2010 - Nov [6] (a) Sai Ltd. has a block of assets carrying 15% rate of depreciation, whose written

down value on 01.04.2010 was ` 40 lacs. It purchased another asset of the same block on

01.11.2010 for ` 14.40 lacs and put to use on the same day. Sai Ltd. was amalgamated with

Shirdi Ltd. with effect from 01.01.2011.

You are required to compute the depreciation allowable to Sai Ltd. & Shirdi Ltd. for the previous

year ended on 31.03.2011 assuming the assets transferred to Shirdi Ltd. at ` 60 lacs.(8 marks)

Answer :

Statement showing computation of depreciation allowable to Sai Ltd. & Shirdi Ltd. for P.Y.

2010-11

Particulars Amount

`

Written down value (WDV) as on 1.4.2009

Addition during the year (used for less than 180 days)

Total

Depreciation on `40,00,000 @ 15%

Depreciation on `14,40,000 @ 7.5%

Total depreciation for the year

40,00,000

14,40,000

54,40,000

6,00,000

1,08,000

7,08,000




Apportionment between two companies:

(a) Amalgamating company, Sai Ltd.

`6,00,000 × 275/365

`1,08,000 × 61/151

(b) Amalgamated company, Shirdi Ltd.

`6,00,000 × 90/365

`1,08,000 × 90/151

4,52,055

43,629

4,95,684

1,47,945

64,371

2,12,316

Notes:

1. The aggregate deduction, in respect of depreciation allowable to the amalgamatingcompany 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 the

calculation of eligible depreciation.

2011 - May [2] (a) (ii) Mr. Praveen Kumar has furnished the following particulars relating to

payments made towards scientific research for the year ended 31-3-2011 :

(` in lacs)

(i) Payments made to K Research Ltd. 20

(ii) Payment made to LMN College 15(iii) Payment made to OPQ College 10

Note : K Research Ltd. and LMN College are approved research institutions and these

payments are to be used for the purposes of scientific research.

(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

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 marks)

2011 - May [6] (a) Harish Jayaraj Pvt. Ltd. is converted into Harish Jayaraj LLP on 1-1-2011.

The following particulars are available to you :

(`)

(i) WDV of land as on 1-4-2010 5,00,000(ii) WDV of machinery as on 1-4-2010 3,30,000

(iii) Patents acquired on 1-6-2010 3,00,000

(iv) Building acquired on 12-3-2009 for which deduction was 7,00,000




allowed under section 35 AD.

(v) Above building was revalued as on the date of conversion into LLP as 12,00,000

(vi) Unabsorbed business loss as on 1-4-2010 (A.Y. 2007-08) 9,00,000

Though the conversion into LLP took place on 1-1-2011, there was disruption of business

and the assets were put into use by the LLP only from 1st March, 2011 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. (8 marks)

Chapter - 7 : Capital Gains

2010 - Nov [1] (b) Mr. A is a proprietor of Akash Enterprises having 2 units. He transferred on

1.4.2010 his unit 1 by way of slump sale for a total consideration of ` 25 Lacs. The expenses

incurred for this transfer were ` 28,000/-. His Balance Sheet as on 31.3.2010 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 3,00,000 Machinery 3,00,000 1,00,000 4,00,000

(for building of unit 1)

Debtors 1,00,000 40,000 1,40,000

Bank loan 2,00,000 Other assets 1,50,000 60,000 2,10,000

(70% for unit 1)

Trade creditors 1,50,000

(25% for unit 1)

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 1.7.2008 for ̀ 50,000/- on which no

depreciation has been charged.

Compute the capital gain for the assessment year 2011-12. (5 marks)

Answer :

Capital gain on transferee of unit 1 by way of slump sale u/s 50 B

Amount

(`)

Sale proceeds 25,00,000

Less : Expenses of transfer 28,000

Net consideration proceeds 24,72,000

Less : Cost of acquisition or improvement (See Note 1) 12,50,625

Long term Capital Gain 12,21,375




Note 1:

Cost of acquisition or improvement = Net worth of the undertaking

Net worth of the undertaking

(a) Aggregate value of total assets

Depreciable Assets

Building excluding revaluation reserve 9,00,000

Machinery 3,00,000

Patents [Note 2] 28,125 12,28,125

Other Assets

Debtors 1,00,000

Other assets except patent 1,00,000 2,00,000

14,28,125(b) Value of Liabilities

Bank loan (2,00,000 × 70%) = 1,40,000

Trade creditors (1,50,000 × 25%) = 37,500 1,77,500

1,77,500

Net worth (a – b) = ` 12,50,625

Note 2 : Since patent have been acquired 1.7.2008 therefore depreciation @25% p.a. will be

charged for two years on WDV basis . Therefore book values as on 31.3.2010 = 50,000 × .75 ×

.75 = ` 28,125

Note 3 : For the purpose of computation of net worth, the WDV determined as per section 43(6)

has to be considered in the case of depreciable assest,. The said problem has been solved

assuming that B/S value of ` 3 lakhs and ` 9 lakhs (` 12 lakhs - 3 lakhs)represents the written

down value of machinery & building respectively, of unit 1.

2010 - Nov [2] (a)

(ii) 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) (4 marks)

Answer :

Period of Holding Sec 2(42 A) of the following asset:

1. Shares held in a company in liquidation : Period of holding will be taken from the date

of acquisition of shares to the date on which the company goes into liquidation :

2. Bonus Shares : The period of holding shall be taken from the date of allotment of shares

till the date preceding the date of transfer of shares.

3. Flat in a co-operative society : The period of holding shall be taken from the date of

allotment of the flat from the society to the date preceding the date of transfer of the flat.




4. Transfer of a security by a depository : Period of holding shall be calculated on FIFO

basis. For deciding FIFO technique the date of entry in ‘Demat Account’ is significant and

the date of purchase of security is irrelevant.

2011 - May [1] {C} (a) On 21-3-2010, Mr. Janak gifted to his wife Mrs. Thilagam 200 listed

shares, which had been bought by him on 19-4-2009 at ` 2,000 per share. On 1-6-2010, bonus

shares were allotted in the ratio of 1 :1. All these shares were sold by Mrs. Thilagam as under:

Date of Sale Manner of sale No. of shares Net sales value (`)

21-5-2010 Sold in recognized stock exchange, 100 2,20,000

STT paid

21-7-2010 Private sale, to an outsider All bonus shares 1,25,000

28-2-2011 Private sale, to her friend Mrs. Hema 100 1,70,000

(Market value on this date was ` 2,10,000)Briefly state the income-tax consequences in respect of the sale of the shares by Mrs.

Thilagam, showing clearly the person in whose hands the same is chargeable, the quantum and

the head of income in respect of the above transactions. Detailed computation of total income

is NOT required.

Net sales value represents the amount credited after all taxes, levies, brokerage, etc., and the

same may be adopted for computing the capital gains.

Cost inflation index for the FY 2010-11 is 711 and for the FY 2009-10 is 632. (5 marks)

2011 - May [5] (a) Mr. Rakesh purchased a house property on 14th April, 1979 for ` 1,05,000.

He entered into an agreement with Mr. B for the sale of house on 15 th September, 1982 and

received an advance of ` 25,000. However, since Mr. B did not remit the balance amount, Mr.

Rakesh forfeited the advance.

Later on, he gifted the house property to his friend Mr. A on 15th

June, 1986.Following renovations were carried out by Mr. Rakesh and Mr. A to the house property :

Amount (`)

By Mr. Rakesh during FY 1979-80 10,000

By Mr. Rakesh during FY 1983-84 50,000

By Mr. A during FY 1993-94 1,90,000

The fair market value of the property as on 1-4-1981 is ` 1,50,000/-

Mr. A entered into an agreement with Mr. C for sale of the house on 1st June, 1995 and

received an advance of ̀ 80,000. The said amount was forfeited by Mr. A, since Mr. C could not

fulfil the terms of the agreement.

Finally, the house was sold by Mr. A to Mr. Sanjay on 2nd January, 2011 for a consideration

of ` 12,00,000.

Compute the capital gains chargeable to tax in the hands of Mr. A for the assessment year 2011-12. Cost inflation indices are as under :

Financial Year Cost inflation index

1981-82 100




1983-84 116

1986-87 140

1993-94 244

2010-11 711 (8 marks)

Chapter - 8 : Income from other Sources

2011 - May [7] (a) Answer the following :

2. The following details have been furnished by Mrs. Hemali, pertaining to the year ended 31-

3-2011 :

(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 21-2-2011, 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. (4 marks)

Chapter - 10 : Aggregation of Income, Set-off and Carry Forward of Losses

2010 - Nov [1] {C} (a) Mr. Soohan submits the following details of his income for the

assessment year 2011-12.

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 200304) 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

Winning in 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 111 10,000.00

Bank interest 5,000.00

Calculate gross total income and losses to be carried forward. (5 marks)

Answer :

Computation of Gross Total Income of Mr. Sohan for the Assessment year 2011-12

Particulars Details Amount




Income from salary

Less : Loss from let out house property set off against salary

income u/s 71.

Profit and Gains of Business or Profession

Income from sugar Business

Less : B/f loss from iron ore business set-off on per Section 72(1)

Capital Gain

Long term capital gain

Less : Short term capital loss Set-off

Long term capital gain from shares on which STT is paid

exempt u/s 10(38),

Balance short term capital loss of ` 20,000 to be carried

forwarded.

Short term capital loss of ` 10,000 u/s 111A to be carried

forward.

Income from other sources

Dividend [Assumed that it is exempt u/s 10 (34)]

Income from lottery winning

Winning in card games

Bank interest

Gross Total Income

3,00,000

40,000

50,000

50,000

40,000

40,000

2,60,000

NIL

NIL

--

--

50,000

6,000

5,000

3,21,000

Note 1 : B/f business loss can only be set off from current year business income and inter head

set off is not possible.Note 2 : For set off of b/f business loss continuance of business is not necessary.

Note 3 : Agriculture income is exempt u/s 10(1), however it shall be considered only for rate

purposes.

Note 4 : It is presumed that loss from iron - ore business relates to P.Y. 2003 - 04, the year in

with the business was discontinued.

Losses to be carry forward Amount

1. B/f business loss of iron ore business to the extent not set off during current p.y. 70,000

2. Short term capital loss 20,000

3. Short term capital loss u/s 111 10,000

1,00,000

2011 - May [4] (a) The following are the details relating to Mr. Srivatsan, a resident Indian, aged

57, relating to the year ended 31-3-2011.(`)

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 (STT paid) 1,10,000

Loss from card games 32,000

Income from betting 45,000

Life Insurance Premium paid 1,20,000

Compute the total income and show the items eligible for carry forward. (8 marks)

Chapter - 12 : Computation of Total Income, Tax Payable, Rebate and Relief

2010 - Nov [3] (a) Dr. Shuba is medical practitioner. Her age is 64 as on 1 Jan 2011. The receipts

and payments account of 2010-11 of her is as under :

To By

Balance B/f : 10,000 Purchase of commercial vehicle before

30 Sep. 2009. 4,00,000

Receipts from sale of Drawing 2,50,000

Medicine 2,50,000 Deposit in bank for 5 years 1,50,000

Consultation fee 50,000 Surgical instrument purchased before

Visiting fee 2,00,000 30 Sep. 2009 50,000

Lecturers 5,000 Instalment of loan paid 1,21,000

(including interest ` 22,333)

Family pension 2,80,000

Saving bank interest 1,000 Medical insurance premium 32,000

Loan from bank 3,00,000 Instalment of housing loan 1,08,000

Share from HUF 50,000 (Principal component ` 48,000)

Agriculture income 1,00,000 Advance tax paid 20,000

Income from lottery 35,000 Purchase of medicine 47,000

(net after deduction of Payment for medical journal 5,000

TDS @ 30%) Vehicle expenses 50,000

Balance C/f : 48,000

Total 12,81,000 Total 12,81,000

Other relevant information is as under :

(i) She resides in her own house which way constructed in 1999 with a loan from LIC

Housing of ` 10,00,000 out of which 6,00,000 was still due. She got it refinanced from

SBI on 01.04.10 at the rate of 10%. One fourth portion of the house is used for clinic

purposes.

(ii) She invested in term deposit ` 1,50,000 in Bank of Baroda on 01.07.10 for a period of

5 years in the name of her minor daughter at 9% interest p.a.




(iii) She purchased a commercial vehicle on 1 July 2010 at ` 4,00,000. A loan of ` 3,00,000

was taken to buy the van at 8% interest. One fourth use of vehicle is estimated to be

personal.

(iv) She paid medical insurance premium for herself of ` 16,000 and for mother ` 16,000.

Her mother is dependent on her.

(v) She got her share from HUF’s income of ̀ 50,000. (8 marks)

Answer :

Computation of total income of Dr. Shuba for A.Y. 2011-12

Particulars ` ` ` `

Income from house property:

Annual value of self-occupied house Less: Interest on loan

[` 45,000, being 3/4th of ` 60,000]

(Restricted to ` 30,000)

Income from profession:

Sale of medicine

Consultation fees

Visiting fee

Total income

Less: Expenses

Medicine purchases

Medical journal

DepreciationSurgical instrument(15% of ` 50,000)

Vehicle (3/4th of 50% of ` 4,00,000)

Vehicle expenses (3/4th)

Interest on loan (3/4th)

Interest on housing loan (1/4th)

2,50,000

50,000

2,00,000

47,000

5,000

7,500

1,50,000

37,500

16,750

15,000

Nil

(30,,000)

5,00,000

(30,000)




Total expenses


Family Pension

Less : 33?% or `15,000, whichever is lower

Lecture fees

Savings bank interest

Interest on bank FD in the name of

minor daughter [1,50,000 × 9% × 9/12]

Less : Exempt u/s 10(32)

Winnings from lottery

Gross Total Income

2,80,000

15,000

10,125

1,500

2,78,750

2,65,000

5,000

1,000

8,625

50,000

2,21,000

3,29,625

5,20,875

Less: Deductions under Chapter VI-A

Under section 80C

Repayment of housing loan (48,000 × ¾)

Under section 80D

Medical Insurance Premium

Own (`16,000 restricted to `15,000)

Mother (Senior Citizen, hence fully allowed

since premium is less than `20,000)

Total deduction

15,000

16,000

36,000

31,000

67,000

Total income 4,53,875

Notes:

1. Because the residential house was constructed before 01.04.1999, the deduction for interestis restricted to ` 30,000.

2. One forth portion of house is used for business purposes, so, ¼th share of interest paid is

deductible while computing business income.

3. Term deposit of ̀ 1,50,000 in the name of minor daughter does not qualify for deduction

under section 80C. However, principal repayment of housing loan (i.e 3/4th) would qualify

for deduction under section 80C. Therefore, the deduction under section 80C would be

` 36,000 (i.e. 3/4th of ` 48,000).

4. Agricultural income is exempt under section 10(1) and share of income from HUF is

exempt under section 10(2).

5. Depreciation@15% has been provided on surgical instruments. It is also possible to assume

that the surgical instruments mentioned in the question are life-saving medical equipment

(for example, surgical laser) and therefore, eligible for depreciation@40%.PS – Since the requirement of the question has not been specified, having regard to the

information given in the question and the marks it carries, the computation has been

restricted to the total income of Dr. Shuba and the tax liability has not been calculated.




2010 - Nov [7] (a) Answer the question.

(ii) 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 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. (4 marks)

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 shares Income from other sources

(iii) Salary by partner from his partnership firm Profit and gains of business or

profession

(iv) Rental income of machinery Inc ome fro m oth er sou rce s/

profits and gains of business or

profession

(v) Winnings from lotteries by a person having the

same as business activity


(vi) Salaries payable to a Member of Parliament Income from other sources

(vii) Receipts without consideration Income from other sources

(vii) In case of retirement, interest on employee’s

contribution if provident fund is unrecognized


Note - According 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”.

2011 - May [3] (a) Mr. Vidyasagar, 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 31-3-2011 :

`

(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) I.T. refund received relating to asst. year 2009-10

including interest of ` 2,300 34,500

` `

(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 12-6-2011 and for the other, on 14-11-2011)

Salary to manager for whom single cash 21,000Payment was made for

(v) The WDV of the assets (as on 1-4-2010) used in

above wholesale business is as under :

Computers 1,20,000

Motor car 3,20,000

(20% used for personal use)

(vi) LIP paid for major son 60,000

PPF of his wife 70,000

Long-term infrastructure bonds (Approved) 30,000

Compute the total income of the assessee for the assessment year 2011-12. The computation

should show the proper heads of income. Also compute the WDV of the different blocks of

assets as on 31-3-2011. (8 marks)

Chapter - 13 : Advance Tax & TDS

2010 - Nov [4] (a) (i) Explain the consequences of not deducting tax and paying to Govt. account

under section 201 of the Income Tax Act, 1961. (4 marks)

Answer :

Consequences of failure to deduct tax at source or pay such tax deducted to the credit of

the Central Government [Section 201]

1. The following persons shall be deemed to be an assessee in default, if they do not deduct

the whole or any part of the tax or after deducting, fail to pay the tax -

(i) any person including the principal officer of a Company, who is required to deduct

any sum in accordance with the provisions of the Act, and

(ii) an employer paying tax on non-monetary perquisites u/s 192(1A).

2. However, no penalty shall be charged under section 221 from such person, principal officer

or company unless the Assessing Officer is satisfied that such failure to deduct or pay the

tax deducted, was without good and sufficient reasons.




3. Such person, principal officer or company shall also be liable to pay simple interest at 1%

per 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 paid.

4. Such interest should be paid before furnishing the statement in accordance with section

200(3).

5. Where the tax has not been paid after it is deducted, the amount of the 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.


3. During the financial year 2010-11, the following payments/expenditure were made/incurred

by Mr. Yuvan Raja, a resident individual (whose turnover during the year ended 31-3-2010

was ` 39 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) He had sold goods worth ` 5 lacs to Mr. Deva. He gave Mr. Deva a cash discount

of ` 12,000 later. Commission of ` 15,000 was paid to Mr. Vidyasagar on 2-7-

2010. In none of these transactions, tax was deducted 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. (4 marks)

Chapter - 15 : Assessment Procedure


1. Specify the persons who are authorized to sign and 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). (4 marks)

Chapter - 17 : Value Added Tax (VAT)

2010 - Nov [1] {C} (d) Mr. Rajesh is a registered dealer and gives the following information.

You are required to compute the net tax liability and total sales value under Value Added Tax.

Rajesh sells his products to dealers in his State and in other States.The profit margin is 15% of cost of production and VAT rate is 12.5% of sales.

(i) Intra State purchases of raw material ` 2,50,000/- (excluding VAT @ 4%)




(ii) Purchases of raw material from an unregistered dealer ` 80,000/- (including VAT @

12.5%)

(iii) High seas purchases of raw material are ` 1,85,000/- (excluding custom duty @ 10% of

` 18,500)

(iv) Purchases of raw materials from other States (excluding CST @ 2%) ` 50,000/-

(v) Transportation charges, wages and other manufacturing expenses excluding tax

` 1,45,000/-

(vi) Interest paid on bank loan ` 70,000/-. (5 marks)

Answer :

(d) Calculation of net VAT liability and total sales value

Particulars `

Intra-State purchases of raw material (excluding VAT ` 10,000)

Purchases of raw materials from unregistered dealer [Note 1]

High seas purchases of raw materials [Note 2]

Purchase of raw materials from other States [Note 3]

Transportation charges, wages and manufacturing expenses

Cost of production

Add : Profit margin 15%

Add: VAT @ 12.5%

2,50,000

80,000

2,03,000

51,000

1,45,000

7,29,500

1,09,425

8,38,925

1,04,866

Total sales value 9,43,791

Computation of VAT liability:- `VAT on above sales price @ 12.5% 1,04,866

Less:Set off of VAT on purchases:

From high seas Nil

From intra-State [Refer Note 4] 10,000

From inter-State Nil

From unregistered dealer Nil 10,000

Net VAT payable 94,866

Notes:

1. Input tax credit is not available on the purchases of raw materials from unregistered dealer.

Hence, VAT paid thereon is a part of cost of production.

2. Duty paid on high seas purchases i.e., imports is not a State VAT, so the input tax credit isnot available in respect of the same and it is a part of cost of production.

3. Set-off of tax paid on inter-state purchases is not allowed.

4. It has been assumed that the entire production is sold.




5. Interest on loan has been excluded for calculating the cost of production on the presumption

that the loan is availed for purposes other than working capital.

6. Tax on intra-State purchases is `10,000. As credit of the same will be available, it is not

included in the cost of production.

2010 - Nov [2] (c)What record should be maintained under VAT system by a registered dealer?

(4 marks)

Answer :

Records to be maintained : Every dealer liable to pay tax under the VAT-law should maintain

the following records-

(a) Value and Quantity of Purchases;

(b) Value and Quantity of Goods manufactured;

(c) Value and Quantity of Sales;

(d) Value and Quantity of goods disposed of otherwise than by way of sale;

(e) Value and Quantity of Inventory/Stock;

(f) Separate record of any exempt sale;

(g) Copies of all invoices, credit and debit notes, etc. issued, in serial number;

(h) All purchase invoices, copies of customs entries, receipts evidencing payment of customs

duty or tax, and credit and debit notes received, filed in a chronological order either by date

of receipt or under each supplier’s name;

(i) Details of the amount of tax charged on each sale or purchase;

(j) VAT Account and total of the output tax and the input tax in each period and a net total of

the tax payable or the excess carried forward, as the case may be, at the end of each month;

(k) details of each supply of goods from the business premises, unless such details are available

at the time of supply in invoices issued at, or before, that time.

2010 - Nov [3] (c) State the Variants of VAT. Present them in schematic diagram and explain

each one briefly. (4 marks)

Answer :

There are 3 variants of VAT - (i) Gross product variant, (ii) Income variant, and (iii)

Consumption variant.




(a) Gross product variant : The gross product variant of VAT allows deductions for taxes on

all purchases of raw materials and components, but no deduction is allowed for taxes on

capital inputs. That is, taxes on capital goods such as plant and machinery are not

deductible from the tax base in the year of purchase and tax on the depreciated part of the

plant and machinery is not deductible in the subsequent years.

(b) Income variant : The income variant of VAT on the other hand allows for deductions on

purchases of raw materials and components as well as depreciation on capital goods. This

method provides incentives to classify purchases as current expenditure to claim set-off.

However, in practice there are many difficulties connected with the specification of any

method of measuring depreciation, which basically depends on the life of an asset as well

as on the rate of inflation.

(c) Consumption variant : Consumption variant of VAT allows for deduction on all business

purchases including capital assets. Therefore, gross investment is deductible in calculating

value added. It neither distinguishes between capital and current expenditures nor specifies

the life of assets or depreciation allowances for different assets.

2010 - Nov [4] (c) State with reasons in brief whether the following statements are correct or

incorrect with reference to the provision of Value Added Tax.




(i) It is permitted to issue ‘tax invoice’ inclusive of VAT i.e. aggregate of sales price &

VAT.

(ii) A registered dealer is compulsorily required to get its books of accounts audited under

VAT Laws of different states irrespective of limit of turnover. (2 × 2 = 4 marks)

Answer :

(i) The statement is incorrect, Because as per the VAT-laws of the respective states, a

VAT-invoice should contain the rate and amount of tax charged in respect of taxable

goods separately in the invoice hence it is not open to the dealer to issue 'tax invoice'

inclusive of VAT i.e. aggregate of sales price & VAT.

However in case of small dealers or in case the sale is to an end consumer (i.e. in cases

where VAT invoices are not required to be issued), the invoice may not contain details

of tax (i.e. rate and amount of tax).(ii) The Statement is incorrect. Because Most of the State VAT laws in India provide for

audit of accounts of a registered dealer, if his turnover exceeds an amount specified in

the law itself. Hence every registered dealer is not compulsorily required to get its books

of accounts audited under VAT Laws of different states irrespective of limit of turnover.

2010 - Nov [5] (c) What are the conditions to be fulfilled by the dealer accepting the composition

scheme under the Value Added Tax ? (4 marks)

Answer :

Every registered dealer who is liable to pay tax under the concerned State-VAT law and whose

turnover didn't exceed ` 50 lakhs in the last financial year is eligible to opt for the composition

scheme.

However, the dealer opting for composition scheme has to fulfill the following condition:-

(a) He cannot make sells of goods in the course of inter-state trade or commerce (i.e. "dealerseffecting interstate sales only"); and

(b) He cannot make sells of goods in the course of import into or export out of the territory of

India (i.e. "importers" and "exporters"); and

(c) He cannot transfer the goods outside the State otherwise than by way of sale or for

execution of works contract (i.e. "branch transfers viz. Consignor, etc." or "works

contractors")

(d) He cannot make inter-State purchases; and

(e) He cannot issue vatable invoices.

2010 - Nov [6] (c) Mention the purchases which are not eligible for input tax credit (any eight

items) under Value Added Tax. (4 marks)

Answer :Input tax credit is not allowed in the following circumstances:

(i) Purchases from unregistered dealers;

(ii) Imported goods;

(iii) Inter state purchases




(iv) Purchases from registered dealer who opt for composition scheme;

(v) Purchase of goods as may be notified by the State Government;

(vi) Purchase of goods where the purchase invoice is not available;

(vii) Purchase of goods where invoice does not show the amount of tax separately;

(viii) Purchase of goods, which are utilized in exempted goods;

(ix) Purchase of goods for personal use or for gifts

2010 - Nov [7] (c) Compute the VAT amount payable by Mr. Shyam, who purchased goods from

a manufacturer on payment of ` 4,16,000 (including VAT) and earned 20% profit on purchase

price. VAT rate on both purchases and sales is 4%. (4 marks)

Answer :

Calculation of VAT payable by Mr. Shyam

Particulars `

Payment made to manufacturer

Less: VAT paid [(4,16,000/104) x 4]

Purchase price

Add: Profit margin @ 20% on purchase price

Sale price before VAT

Add: VAT @ 4% on `4,80,000

Less: Input credit

VAT payable by Mr. Shyam

4,16,000

16,000

4,00,000

80,000

4,80,000

19,200

16,000

3,200

2011 - May [1] {C} (d) The following are details of purchases, sales, etc. effected by

Vasudha & Co., a registered dealer, for the year ended 31-3-2011 :Particulars Amount `

Purchase of raw materials within State. 1000 units, inclusive of

VAT levy at 6% 5,30,000

Inter-State purchases of raw materials, inclusive of CST at 2% 2,04,000

Import of raw materials, inclusive of customs duty of ` 35,000 4,35,000

Capital goods purchased on 1-5-2010, inclusive of VAT levy at

10% (input credit to be spread over 2 financial years) 3,30,000

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 (Goods were

manufactured from the Inter-State purchase of raw materials) 1,20,000

Closing stock as on 31-3-2011 was 100 units of raw materials purchased within the State

Input credit is allowed only on raw materials used in manufacture of the taxable goods.

Compute the VAT liability of the dealer for the year ended 31-3-2011. (5 marks)




2011 - May [2] (c) Which variant of VAT is most widely used in the world and why ? Are some

services also included in the VAT net by such countries ? (4 marks)

2011 - May [3] (c) M/s. Staruss & Co., a registered dealer under the local VAT law, having stock

of goods purchased from outside the State, wishes to opt for the Composition Scheme. Advise

him whether the same is possible. Will the VAT chain be broken if the dealer opts for the said

scheme ? (4 marks)

2011 - May [4] (c) What is meant by input tax credit in the context of VAT provisions ? How

does input tax credit help in achieving the essence of VAT ? (4 marks)

2011 - May [5] (c) What are the major deficiencies of VAT system in India ? (4 marks)

2011 - May [6] (c) How can a Chartered Accountant help a client in the handling of VAT audit

called for by the Department and in conducting external audit of VAT records ? (4 marks)

2011 - May [7] (a) Answer the following :(c) Briefly list out the contents of VAT invoice. (4 marks)

Chapter - 18 : Service Tax

2010 - Nov [1] {C} (c) Smart & Express Co., is providing taxable information technology

software services. The firm furnishes the following information relating to the services rendered,

bills raised, amount received pertaining to this service, for the financial year ended on 31st

March, 2011 as under :

`

(i) Amount received being 10% of the assignment fees on 31st March, 2011 6,00,000

for the upgradation and enhancement of software services to be rendered

during the financial year 2011-12.

(ii) Services provided to UNICEF, an International Organisation in Gandhi- 5,00,000

nagar, for analysis, design and programming of latest information

technology software.

(iii) Services billed to clients (In one of the bill amounting to ` 3,00,000 3,00,00,000

service tax was not charged due to conflicting nature and in another bill

the firm failed to recorver the service tax from the client, which was charged

separately, due to insolvency of the client, the bill details are as under :

`Being the charges for right to use IT software 8,00,000

Service tax @ 10% 80,000

Education cess @ 2% 1,600

Secondary & Higher education cess @ 1% 800

8,82,400

(iv) Amount received for services rendered during current financial year 1,04,78,500

(excluding payment for 2 bills in item (iii) above for which payment

received during current financial year)




Service tax and education cess have been charged separately in all the

bills except wherever mentioned when it is not so charged separately.

Compute the value of total taxable services and service tax payable

thereon for the year ended 31-3-2011, assigning reason in brief to the

treatment of all items. (5 marks)

Answer :

Calculation of value of taxable services and service tax payable by Smart & Express Co.

Particulars `

(i) Amount received in advance for upgradation and enhancement of 6,00,000

software services is also liable though the services were rendered

during the financial year 2010-11 [Note 1]

(ii) Services rendered to UNICEF–not liable to service tax [Note 21 Nil(iii) The actual amount realized is liable for service tax [ Note 3] 3,00,000

(iv) The actual amount realized is liable for service tax [Note 3] 8,00,000

(v) Amount realized for services rendered (excluding items (ii) and (iii)

above) . 1,04,78,500

Total 1,21,78,500

Less: Service tax (`1,21,78,500 x 10.3) / 110.3 11,37,249

Total value of taxable services 1,10,41,251

Service tax payable thereon @10% 11,04,125

Education cess @ 2% 22,083

Secondary and higher education cess @ 1% 11,041

Total service tax payable including education cesses 11,37,249

Notes:1. The scope of taxable service covers service provided towards upgradation, enhancement,

implementation and other similar services related to information technology software.

2. According Notification No.16/2002 ST dated 02.08.2002, the Central Government has

exempted all the taxable services specified in section 65 of the Finance Act, 1994 provided

by any person to the International organizations like UNICEF, from whole of the service

tax leviable thereon under section 66 of the Act.

3. The statutory liability of paying service tax does not get extinguished if the service provider

fails to realize or charge the service tax from the service receiver. In such cases, the amount

realized is liable for service tax by deeming the same as inclusive of service tax.

4. Figures in point (i) and (v) are taken to be inclusive of service tax as they represent total

amount received.

2010 - Nov [2](b) How can an assessee adjust the excess payment of service tax against his

liability of service tax for subsequent periods ? What is the basic condition for it ? (4 marks)

Answer :




Where an assessee has paid to the credit of Central Government any amount in excess of the

amount required to be paid towards service tax liability for a month/quarter, the assessee may

adjust such excess amount paid by him against his Service tax liability for the succeeding

month/quarter, subject to the following conditions -

(a) excess amount paid is on account of reasons not involving interpretation of law, taxability,

classification, valuation or applicability of any exemption notification,

(b) excess amount paid by an assessee having Centralised Registration, on account of delayed

receipt of details' of payments towards taxable services may be adjusted without monetary

limit,

(c) in cases other than specified in (b) above, the excess amount paid may be adjusted with a

monetary limit of `1 lakh for a relevant month,/quarter,

(d) the details and reasons for such adjustment shall be intimated to jurisdictionalSuperintendent of Central Excise within a period of 15 days from the date of such

adjustment.

2010 - Nov [3] (b) Write a note in brief on provisional payment of service tax (4 marks)

Answer :

Provisional payment of tax

Applicability

In case the assessee is unable to correctly estimate, at the time of deposit, actual amount of

service tax for any month or quarter.

Procedure

He may make a written request to Assistant /Deputy Commissioner of Central Excise for making

payment of service tax on provisional basis. Assessee need to state the reason why he is unable

to decided his tax liability correctly.

On receipt of such a request, the concerned officer may allow payment of service tax on

provisional basis on such value of taxable services as may be specified by him.

In case assessee makes provisional payment of service tax he shall furnish return in Form - 3A.

The Assistant/Deputy Commissioner of Central Excise, on the basis of memorandum in form ST-

3A may complete the assessment after calling for necessary documents or records, if need be.

2010 - Nov [4] (b) How will a taxable service be valued when the consideration thereof is not

wholly or partly in terms of money ? (4 marks)

Answer :




(2 × 2 = 4 marks)

Answer :

(i) The statement is incorrect. Scope of taxable service shall include service provided or to

be provided to a business entity, by any other business entity, in relation to advice,

consultancy or assistance in any branch of law, in any manner. However, any service

provided by way of appearance before any court, tribunal or authority shall not amount

to taxable service.

Thus, the legal consultancy services shall not be liable to service tax in the following

cases,:

(a) where such service is provided by way of appearance before any court, tribunal or

authority;

(b) where the service provider and/or service recipient is an individual.)(ii) The statement is correct. The Finance Act, 1994 came into force from 1.7.1994. By

section 64(1), the Act extends to the whole of India except the state of Jammu and

Kashmir, and by section 64(3), the levy applies to "taxable services provided". Thus,

services provided in the State of Jammu and Kashmir are not liable to service tax.

As per Article 370 of the Constitution, any Act of Parliament applies to Jammu &

Kashmir only with concurrence of State Government. Since, no such concurrence has

been obtained in respect of Finance Act, 1994, service tax provisions are not applicable

in Jammu and Kashmir.

2010 - Nov [7] (b) Shashwat Hotels Pvt. Ltd. has given the following information for F.Y. 2010-

11. You are required to compute the taxable services under Service Tax Act and the tax thereon

for FY 2010-11 without assigning any reason for the treatment.

(i) Reception room and vehicle parking space were let out for a film shooting for 3 months.

The charges received for this ` 5 Lacs.

(ii) The conference hall was let out to a Gujarati Samaj Trust for a week for a music

competition for ` 50,000/-

(iii) The hotel was booked by a customer for 3 days for a marriage function. The room

booking charges were received in advance (excluding service tax) in the same year of

` 50,000/-. The electricity charges separately billed ` 20,000/-, hire charges including

catering charges for 3 days billed of ` 3,25,000/- after deducting the advance.

(iv) During the year, the conference hall was let out to MNO Ltd. The charges received were

as under :

Hall rent ` 4 Lacs, computer & projector systems charges ` 25,000/-, electricity

charges ` 30,000/-. Hall rent includes charges for snacks and cold drinks ` 50,000/-

(v) The hotel garden was let out to a political party for 2 days for a meeting. The charges

received ` 25,000/-

The hotel charges 10% service charges which are later distributes as tips to employees.




The above charges are excluding service tax. All the charges have been received in FY

2010-11.

The hotel has already been registered under Service Tax Act in F.Y. 2009-10.

(4 marks)

Answer :

Computation of Gross Taxable Services for the Financial Year 2010-11

`

(i) Taxable Mandap Keeper Services

1. Charges received for reception room and vehicle parking

space let out for film shooting [Note 1]

2. Charges received for music competition [Note 2]

3. Charges received for marriage function (excluding room

booking charges) [ Note 3]

Add: Catering & hire charges

Electricity charges

Less: Abatement @ 40% As per Notification No. 1/2006 ST

dated 01.03.2006

4. Charges received for letting out the hotel garden for a

meeting of the political party [Note 4]

Total Taxable Mandap Keeper Services

Nil

50,000

3,25,000

20,000

3,45,000

1,38,000 2,07,000

Nil

2,57,000

II. Taxable Convention Services

Charges received from MNO Ltd. [Note 5] Add: Hall rent (excluding charges for snacks and cold

drinks)

Computer and projector Systems

Electricity Charges

Total Taxable Convention Services

Gross Taxable Services

Service tax @ 10%

Add: Education Cess @ 2% 1324

Secondary and Higher

Education Cess @ 1% 662

3,50,000

25,000

30,000

66,200

1986

4,05,000

6,62,000

68,186

Note :1. Activity of shooting of films/T.V. serials cannot be considered as official, social or business

function. Similar view expressed in Secretary, Town Hall.




2. Music competition is a social function and allowing temporary occupation of a hall for a

consideration for organizing such function is liable to service tax under mandap keeper

service.

3. (i) Halls, rooms etc. let out by a hotel for a consideration for organizing social function

like marriage is liable to service tax under mandap keeper service.

(ii) Room booking charges are not liable to service tax under mandap keeper services

[Merwara Estates v. CCE

4. Meeting of a political party is not a social function and thus not liable to service tax under

mandap keeper service [Secretary, Town Hall Committee, Mysore City Corporation v. CCE

(2007).

Otherwise it is possible to take a view that the meeting of a political party is an official

function and thus allowing temporary occupation of the hotel garden for a consideration for organizing such meeting would be liable to service tax under mandap keeper services.

5. (i) It has been assumed that the conference hall let out to MNO Ltd. is for the purpose

of organizing a seminar/conference and thus, the said activity falls under convention

services.

(ii) Because snacks and cold drinks cannot be termed as “satisfying meal”, benefit of

abatement of 40% of the gross amount charged available under Notification No.

1/2006 ST dated 01.03.2006 cannot be taken.

Whereas charges for snacks and cold drinks can be excluded by virtue of Notification No.

12/2003 ST dated 20.06.2003 as these are goods sold during the provision of service on the

following assumptions:

• No credit of duty paid on such goods and materials sold, has been taken under the

provisions of the CENVAT Credit Rules, 2004; or • Where such credit has been taken by the service provider on such goods and materials,

such service provider has paid the amount equal to such credit availed before the sale of

such goods and materials.

• There is documentary proof specifically indicating the value of the said goods and

materials;

2011 - May [1] {C} (c) Pareesh & Co., is a partnership firm engaged in the business of

recruitment and supply of labourers. The firm which had rendered taxable services to the tune

of ` 20.2 lacs in the financial year 2009-10, furnishes the following details pertaining to the half

year ended on 30-9-2010 :

(`)(i) Amounts collected from companies for pre-recruitment screening 2,50,000

(ii) Amounts collected from companies for recruitment of

Permanent staff 3,00,000




Temporary staff 4,00,000

(iii) Advances received from prospective employers for

conducting campus interviews in colleges 1,00,000

Wherever applicable, service tax has been charged separately and received from clients.

Compute the value of taxable services rendered and the service tax payable by the assessee for

the relevant half year. (5 marks)

2011 - May [2] (b) During the year ended 31-3-2010, Kohli & Co., running a coaching centre,

has collected a sum of ̀ 10.2 lacs as service tax. ` 70,000 was met through Cenvat credit and the

balance was paid by cheque on various dates. The details pertaining to the quarter ended 30-6-

2010 are as under :

Particulars Amount (`)

Value of free coaching rendered 20,000Coaching fees collected from students 14,50,000

(Service tax collected separately)

Advance received from a college for coaching their students, on

30--6-2010. However, no coaching was conducted and the money

was returned on 12-4-2011. 3,00,000

Determine the service tax liability for the quarter and indicate the date by which the service tax

has to be remitted by the assessee. (4 marks)

2011 - May [3] (b) (i) Where any transaction of taxable service is entered into with an associated

enterprise, receipt of service tax is not material for levy of service tax. Explain with reasons,

whether you agree or disagree with this statement. (2 marks)

(ii) Briefly discuss about the adjustment of excess amount of service tax paid in case of

renting of immovable property service, owing to property tax payment. (2 marks)2011 - May [4] (b) State the provisions which enable the Central Government to make rules for

administering service tax. For what purposes are such rules made ? Name any four such rules

issued by the Central Government so far. (4 marks)

2011 - May [5] (b) Briefly explain the provisions relating to advance payment of service tax.

(4 marks)

2011 - May [6] (b) Nigamanth Cargo Handlers P.Ltd. is a cargo handling agency, in existence

since 2003. For the quarter ended 31-3-2011, total collections for handling cargo (excluding

service tax) was ` 32,00,000. The same included the following receipts also :

(`)

(i) Handling of cargo containing life saving drugs 2,00,000(ii) Handling of export cargo 3,00,000

(iii) Handling of cargo for storage in cold storage 1,00,000

(iv) Towards providing service of packing together with 4,00,000




transportation of cargo

Ascertain the quantum of taxable cargo handling services for the quarter ended

31-3-2011. Wherever applicable, service tax was charged separately and received in full.

(4 marks)

2011 - May [7] Answer the following :

(b) State the due dates for filing of service tax returns. Will the delayed filling of service

tax return result in payment of any late fee? If so, show much ? (4 marks)

Shuchita Prakashan (P) Ltd.25/19, L.I.C. Colony, Tagore Town,

Allahabad - 211002Visit us : www.shuchita.com

FOR NOTES

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