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Taxation Direct and Indirect
April 2025 Examination
1. Mr. Narayan, a businessman,
purchased a house property on 1.5.1978 for Rs. 1,12,000. He incurred the following
expenses for making some additions and alterations to the house property:
Construction cost of first floor,
incurred in 1984-85, for Rs. 2,95,000.
Construction cost of second floor,
incurred in 2003-04, for Rs. 8,05,000. Renovation expenses of the building,
incurred in 2013-14, for Rs. 5,11,000.
The fair market value of the
property as on 1.4.2001 is Rs. 9,40,000. This house property was sold by Mr.
Narayan on 11.8.2018 for Rs.77,00,000
after incurring expenses of Rs.
40,000 on the transfer. The capital
gains on such transfer are calculated as follows:(10 Marks)
Financial Year (FY) |
Cost Inflation Index (CII) |
2001-02 |
100 |
2003-04 |
105 |
2013-14 |
200 |
2018-19 |
280 |
2019-20 |
289 |
2020-21 |
301 |
Ans 1.
Introduction
Capital gains taxation is an essential part of direct
taxation in India. When an individual sells a capital asset, such as property,
the profit earned is subject to taxation under the Income Tax Act, 1961.
Capital gains are classified into short-term and long-term, depending on the
holding period. For immovable property, if the holding period exceeds 24
months, the gain is considered long-term capital gain (LTCG). The cost
inflation index (CII) plays a crucial role in adjusting the cost of acquisition
and improvement, thereby reducing the tax liability by accounting for inflation
over the
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2. Section 28 is the charging
section of profits and gains of business or profession. You are required to
list and explain those 10 items of income which are chargeable to tax under the
head ‘Profits and Gains of Business or Profession’ (10 Marks)
Ans 2.
Introduction
Section
28 of the Income Tax Act, 1961, governs the taxation of income under the head
"Profits and Gains of Business or Profession." This section ensures
that all earnings derived from any business, profession, or vocation carried on
by an assessee are taxed appropriately. The objective is to tax the real income
earned from business operations, ensuring that all receipts related to business
activities are accounted for. Business income includes not only revenue from
the sale of goods or
3.(a) When an organization decides to retrench certain workforce, the
workmen are entitled to retrenchment
compensation at the time
of their retrenchment. You are required to
explain the taxability
of such Retrenchment Compensation. (5 Marks)
Ans 3a.
Introduction
Retrenchment
compensation is the severance payment made to employees when an organization
reduces its workforce due to redundancy, financial constraints, or business
closure. The payment is made as per the Industrial Disputes Act, 1947. While
such compensation provides financial security to the retrenched employees, its
taxation is governed by the Income Tax
3.(b): Different rates of TDS are
prescribed for different items depending on the type of payment. You are
required to list down 5 of these types of payment along with the relevant
section and the rate of TDS. (5 Marks)
Ans 3b.
Introduction
Tax
Deducted at Source (TDS) is a system under which tax is collected at the point
of origin of income. The Income Tax Act mandates the deduction of tax at
prescribed rates before making certain types of payments. The rate of TDS
varies depending on the nature of the payment and the category of the
recipient, ensuring proper tax compliance and timely collection
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