Wednesday, November 06, 2019

Direct Tax - I Solved Papers: Nov' 2017


2017
(November)
COMMERCE (Speciality)
Course: 504 (Direct Tax - 1)
The figures in the margin indicate full marks for the questions
(NEW COURSE)
Full Marks: 80
Pass Marks: 24
Time: 3 hours
1. (a) Write True or False:                                            1x4=4
1)      Indian income is always taxable in India irrespective of the residential status of the tax payer. True
2)      Scholarship granted by government to students to meet the cost of education is not exempted from tax. False , any kind of scholarship is exempted-10(16)
3)      Salary paid to a partner is chargeable under the head ‘salaries’.         False,
4)      Employer’s contribution towards approved superannuation fund is chargeable to tax in the hands of employees to the extent such contribution exceeds Rs. 1.5 lakh per assessment year.   False, above 100000
(b) Choose the correct answer to the following:               1x4=4

1)      For the assessment year 2017-18 rebate under Section 87A is available in the case of the residential individual, if his taxable income is
a.       Rs. 3,00,000 or less.
b.      Rs. 4,00,000 or less.
c.       Rs. 5,00,000 or less.
2)      If title of ownership of a house property is under dispute in a court of law, the decision as to who is the owner rests with?
a.       Government of India.
b.      State Government.
c.       Income Tax Department.
3)      An appeal against the order of the assessing officer lies with
a.      Commissioner (Appeals) [Sec 246A].
b.      Principal Commissioner of Income Tax.
c.       Joint Commissioner of Income Tax.
4)      As per National Pension System, it is mandatory for persons entering the government service on or after January 1, 2004 to contribute
a.       20% of salary every month towards NPS.
b.      15% of salary every month towards NPS.
c.       10% of salary every month towards NPS.  (Salary = Basic +DA)
2. Write short notes on any four of the following:                           4x4=16
a)      Assessment Year.
Ans: Assessment Year: [Sec. 2 (9)]: “Assessment Year” means the period of 12 months commencing on the 1st day of April every year. In India, the Govt. maintains its accounts for a period of 12 months i.e. 1st April to 31st March every year. As such it is known as Financial Year.  The Income Tax department has also selected same year for its Assessment procedure.
The Assessment Year is the Financial Year of the Govt. of India during which income a person relating to the relevant previous year is assessed to tax. Every person who is liable to pay tax under this Act, files Return of Income by prescribed dates. These Returns are processed by the Income Tax Department Officials and Officers. This processing is called Assessment. Under this Income Returned by the assessee is checked and verified.
Tax is calculated and compared with the amount paid and assessment order is issued. The year in which whole of this process is under taken is called Assessment Year. At present the Assessment Year 2019-2020 (1-4-2019 to 31-3-2020) is going on.
b)      Gross Total Income.
Ans: Section 14: As per section 14, all income, for purposes of income-tax, will be classified under the following heads of income.
(i)      Salaries,
(ii)    Income from House Property,
(iii)   Profits and gains of business or profession
(iv)  Capital gains
(v)    Income from other sources
Aggregate of incomes computed under the above 5 heads, after applying clubbing provisions and making adjustments of set off and carry forward of losses, is known, as gross total income (GTI) [Sec. 80B]
c)       Retrenchment Compensation.
Ans: Retrenchment compensation received by an assessee at the time of his retrenchment, shall be exempt to the least amount from the following:
(i) Actual amount received
(ii) An amount calculated in accordance with the provisions of section 256F(b) of the Industrial Disputes Act, 1947 which is equal to 15 days average pay for each completed year of continuous service or any part thereof in excess  of 6 months,  
(ii) Amount specified by the Central Government, i.e. Rs. 500,000
d)      Municipal Valuation.
Ans: Municipal Rental Value (MRV): The value of the house property under consideration as determined by the Municipal authorities for the purpose of levying Municipal taxes is known as MRV. The local authority makes a survey of all the properties that come under their jurisdiction on a periodical basis. Based on this survey, the municipal rental value of the house property is determined. The amount of Municipal tax is calculated on the basis of municipal rental value and the municipal tax paid on a house property is allowed to be deducted from the Gross Annual Value (GAV) of the House Property.
e)      Central Board of Direct Taxes.
Ans: The Central Board of Direct Taxes (CBDT) is the highest executive authority. It is sub­ject to the overall control of the Central Government. It is authorized to discharge all those functions prescribed in the Act and those which are entrusted to it by the Central Government. The Central Board of Direct Taxes consists of a Chairman and following six Members: -
a)      Chairman
b)      Member (Income-tax)
c)       Member (Legislation & Computerisation)
d)      Member (Personnel & Vigilance)
e)      Member (Investigation)
f)       Member (Revenue)
g)      Member (Audit & Judicial)

3. (a) “Right to appeal is a statutory right under Income-tax Act, 1961.” Do you agree? Write an explanatory note in support of the above statement.             14
Ans: Meaning of Appeal
In general parlance, ‘appeal’ means ‘making a request’ and in legal parlance, it means ‘apply to a higher court for a reversal of the decision of a lower court’. In India, the taxpayer computes the tax payable on his total income and pays to the government. If the Income Tax department (the government) disagrees with the tax computed by the taxpayer, they can levy an additional tax. Under Income Tax Act, the liability is determined at the level of Assessing Officer (it can be Income Tax Officer (ITO) or Assistant/Deputy Commissioner of Income Tax). A tax payer aggrieved by various actions of Assessing Officer (say higher tax demand) can appeal before Commissioner of Income Tax (Appeals). Further appeal can be preferred before the Income Tax Appellate Tribunal. On substantial question of law, further appeal can be filed before the High Court and even to the Supreme Court.
Statutory right of appeal
Every law that provides for some form of adjudication also usually provides for appeal in one form or the other against orders passed by the lower authorities. This is based on the concept of equity and recognition that every authority is fallible. The mechanism of appeal provides safeguard against erroneous, unjust or invalid orders. The appeal proceedings ordinarily embrace all proceedings whereby an appellate authority is called upon to review, revise, affirm, reverse or modify the decisions of the lower or subordinate authority.
Under the scheme of the Income Tax Act, appeal can be preferred only against orders specified under the relevant act. It is pertinent to note that the right to appeal is conferred by the statute and that right to appeal cannot be assumed to be an inherent right. Therefore appeal against non-appealable orders can be dismissed as not maintainable. Being a privilege and not a right, every person seeking to file an appeal must take care to make sure that he fulfils every condition, procedure and restrictions provided under the law in order that his appeal be considered by the appropriate authority.
Though right of appeal is not inherent but a statutory right, it is a substantive right. Thus once the law provides for an appeal, a person who complies with the prescribed conditions gets a vested right to have the appeal dealt with under the law. Therefore the appellate authorities while construing right of appeal opt for liberal interpretation. It is for this reason that the courts have held appeal against levy of interest valid under the board category of denial of liability to be assessed. Similarly appeal against non-granting of interest on refund is also held to be valid.
Who can file an appeal?
Only a person aggrieved by an order would have a right to file an appeal. An assessee can said to be aggrieved when he is required to bear tax, legal burden or is denied some benefit to which he claims to be entitled. If an assessee who has been allowed an additional deduction or allowance such as depreciation or has been permitted a set off of loss which was not claimed can file an appeal.
Any partner of a firm or any member of AOP can file appeal against adverse order in case of firm or AOP as aggrieved persons. In case of adverse order passed in the matter of deceased person, his legal heirs can file appeal. In case of HUF, Karta can file appeal. The representative assessee as defined u/s 160 is eligible to file an appeal. Similarly a beneficiary though assessment is made on representative assessee is also eligible to file an appeal.
Pre-requisites for appeal
No appeal shall be admitted unless at the time of filing of the appeal:
a)         Where a return has been filed by the assessee, the assessee has paid the tax due on the income returned by him; or
b)         Where the return has not been filed by the assessee, the assessee has paid an amount equal to the amount of advance tax which was payable by him.
Provided that, on an application made by the appellant in this behalf, the Deputy Commissioner (Appeals) may, for reason to be recorded in writing, exempt him from the operation of these provisions.
Or
(b) Write an explanatory note on residential status of an individual and an HUF.                                             8+6=14
Ans: Residential Status of an Individual
As per section 6, an individual may be (a) resident and ordinarily resident in India, (b) resident but not ordinarily resident in India, or(c) non-resident in India. The following are the two sets of conditions for determining the residential status of an individual:
Basic conditions:
a) He is in India in the previous year for a period of 182 days or more
OR
b) He is in India for a period of 60 days or more during the previous year and has been in India for a period of 365 days or more during 4 years immediately preceding the previous year.
Note: In the following two cases, an individual needs to be present in India for a minimum of 182 days or more in order to become resident in India:
(a) An Indian citizen who leaves India during the previous year for the purpose of taking employment outside India or an Indian citizen leaving India during the previous year as a member of the crew of an Indian ship.
(b) An Indian citizen or a person of Indian origin who comes on visit to India during the previous year (a person is said to be of Indian origin if either he or any of his parents or any of his grandparents was born in undivided India).
Additional Conditions:
(i) He has been resident in India in at least 2 out of 10 previous years [according to basic condition noted above] immediately preceding the relevant previous year.
AND
(ii) He has been in India for a period of 730 days or more during 7 years immediately preceeding the relevant previous year.
RESIDENT: An individual is said to be resident in India if he satisfies any one of the basic conditions.
Resident and Ordinarily Resident: An individual is said to be resident and ordinarily resident in India if he satisfies any one of the basic conditions and both of the additional conditions.
Resident but Not Ordinarily Resident: An individual is said to be resident but not ordinarily resident in India if he satisfies any one of the basic conditions but not satisfies both of the additional conditions.
Non-Resident: An individual is a non-resident in India if he satisfies none of the basic conditions.
Residential Status of a Hindu Undivided Family
As per section 6(2), a Hindu undivided family (like an individual) is either resident in India or non-resident in India. A resident Hindu undivided family is either ordinarily resident or not ordinarily resident.
HUF: Resident or Non-Resident
A Hindu undivided family is said to be resident in India if control and management of its affairs is wholly or partly situated in India. A Hindu undivided family is non-resident in India if control and management of its affairs is wholly situated outside India.
A resident Hindu undivided family is an ordinarily resident in India if the karta or manager of the family (including successive karta) satisfies the following two additional conditions as laid down by section 6(6)(b).
Additional condition (i) Karta has been resident in India in at least 2 out of 10 previous years [according to the basic condition mentioned in immediately preceding the relevant previous year)
Additional condition (ii) Karta has been present in India for a period of 730 days or more during 7 years immediately preceding the previous year.
If the Karta or manager of a resident Hindu undivided family does not satisfy the two additional conditions, the family is treated as resident but not ordinarily resident in India.

4. (a) Shri Ratan, a manager of a Guwahati based Company. He submits the following particulars of his salary Income:
1)      Basic salary – Rs. 14,000 per month.
2)      Dearness Allowance – Rs. 8,400 per month (Rs. 1,300 per month enters into retirement benefit)
3)      Education allowance for two children at Rs. 6,000 p.a. per child Rs. 3,000 and hostel allowance for two children at Rs. 350 p.m. per child.
4)      Commission – Rs. 25,100.
5)      Leave encashment – Rs. 10,000.
6)      Employer’s contribution to RPF – Rs. 25,200.
7)      Travelling allowance for his official tours Rs. 20,000. Actual expenditure on tour amounted to Rs. 17,000.
8)      Interest credited to RPF account in the previous year @ 10% amounted to Rs. 8,000.
9)      He resides in the Bungalow of the company. Its fair rent is Rs. 6,500 p.m. The company deduct Rs. 1,200 p.m. from salary as rent of the Bungalow.
10)   He paid professional tax of Rs. 250 per month.
Compute Shri Ratan’s income under the head ‘income from salary’ for the assessment year, 2017-18.   14
Ans: Computation of salary of Mr. X for the Assessment Year (2018-2019)
Particulars
Amount
Amount
a) Basic Salary
b) Dearness Allowance
c) Education Allowance
Less: Exempted @ Rs. 100 per month per child for a maximum of two children
d) Hostel Expenditure allowance
Less: Exempted @ Rs. 300 per month per child for a maximum of two children
e) Commission on Turnover
f) Leave Encashment during service
g) Travelling allowance
Less: Actual expenses
g) Value of House at concessional rate
10% of Salary (Salary = 1,68,000+15,600+3,600+1,200+25,100+3,000=2,16,500)
Less: Rent recovered from employee @ 1,200 per month
k) Employer’s Contribution to RPF
Less: Exempted upto 12% of salary (Salary =1,68,000+15,600+25,100)
l) Interest on RPF @ 13%
Less: Exempted up 9.5% (16,250*9.5/13)


6,000
2,400
8,400
7,200


20,000
17,000

21,650
14,400
25,200
25,044
8,000
7,600
1,68,000
1,00,800

3,600

1,200
25,100
10,000

3,000


7,250

156

400
Gross Salary
Less: Deduction U/S 16
(ia) Standard Deduction
(iii) Professional tax paid


40,000
3,000
3,19,506


43,000
Income from Salary

2,76,506


Or
(b) What is Provident Fund? Explain different types of provident funds and their tax treatment.             4+10=14
Ans: A Provident fund is a compulsory retirement saving schemes for the government as well as non-government employees in which contribution is made both by the employer and the employees. It is a saving tool for the employees. This scheme is managed by under the Employee’s Provident Funds and Miscellaneous Provision Act, 1952. Under this scheme, employee has to pay a certain percentage from his salary and an equal amount is contributed by the employer. The employee gets a lump sum amount with interest at the time of his retirement.
Types of Provident Fund
At present there are 4 types of provident funds:
a)      Statutory Provident Fund (SPF): This Fund is mainly meant for Government/University/Educational Institutes (affiliated to university) employees.
b)      Recognized Provident Fund (RPF): This scheme is applicable to an organization which employs 20 or more employees. An organization can also voluntarily opt for this scheme. All RPF schemes must be approved by The Commissioner of Income Tax. Here the company can either opt for government approved scheme or the employer and employees can together start a PF scheme by forming a Trust. The Trust so created shall invest funds in specified manner. The income of the trust shall also be exempt from income taxes.
c)       Unrecognized Provident Fund (URPF): Such schemes are those that are started by employer and employees in an establishment, but are not approved by The Commissioner of Income Tax. Since they are not recognized, URPF schemes have a different tax treatment as compared to RPFs.
d)      Public Provident Fund (PPF): This is a scheme under Public Provident Fund Act 1968. In this scheme even self-employed persons can make a contribution. The minimum contribution is Rs.500 per annum and the maximum contribution is Rs.1, 00,000 per annum. The contribution made along with interest earned is repayable after 15 years, unless extended.
Taxability of Provident Funds
Particulars
SPF
RPF
URPF
PPF
1. Employee's/ assessee's contribution
Deduction u/s 80C is available from gross total income subject to the limit specified therein
Deduction u/s 80C is available from gross total income subject to the limit specified therein
No deduction u/s 80C is available
Deduction u/s 80C is available from gross total income subject to the limit specified therein
2.Employer's contribution
Fully exempt from tax
Exempt up to 12% of salary. Amount in excess of 12% is included in gross salary.
Not exempt but also not taxable every year. For taxability see point 4 below
Not applicable as there is only assessee's own contribution
3. Interest on Provident Fund
Fully exempt from tax
Exempt u/s 10 up to 9.5% p.a. Interest credited in excess of 9.5% p.a. is included in gross salary
Not exempt but also not taxable every year. For taxability see point 4 below
Fully exempt
4.Repayment of lump sum amount on retirement / resignation /termination
Fully exempt u/s 10(11)
Exempt if the employee has rendered minimum 5 years of continuous service
Accumulated employee's contribution is not taxable Accumulated employer's contribution + interest on employer's contribution (till date) is taxable as profit in lieu of salary. Interest on employees contribution (till date) is taxable as income from other sources
Fully exempt. u/s 10(11)
Transferred Balance of Provident Fund: The balance of unrecognised fund which is transferred to recognised fund is called transferred balance.
Points to remember:
Ø  The fund will be treated as RPF from the date fund was instituted
Ø  The employer’s contribution to URPF shall qualify for exemption upto 12% of salary and excess shall be taxable.
Ø  Interest upto 9.5% is exempted, excess taxable
Ø  Salary means: basic + DP + DA (Which enters) + Commission on turnover

5. (a) Mr. Kalyan owns a resident house property. It has to equal residential units – unit 1 and unit 2. While unit 1 is self-occupied by Kalyan for his residential purpose, unit 2 is let out (rent being Rs. 8,000 p.m., rent of 2 months could not be recovered). Municipal value of the property is Rs. 1,40,000, standard rent is Rs. 1,30,000 and fair rent is Rs. 1,45,000. Municipal tax imposed @ 12% which is paid by Kalyan. Other expenses for the previous year 2016-17 being repairs Rs. 250, insurance Rs. 600, interest on capital (borrowed during 1997) for constructing the property Rs. 63,000. Find the income from house property of Kalyan for the assessment year 2017-18.             14
Ans: Computation of Income from house property of Mr. Kalyan for the assessment year 2017-18
Particulars
Unit I (Self Occupied)
Unit II (Let – Out)
1. Municipal Rental Value
2. Fair Rental Value
3. Standard Rental Value
4. Expected Rental Value (MRV or FRV whichever is higher but limited upto SRV)
5. Actual Rent received or receivable (Annual rent less unrealised rent and loss due to
vacancy)
6. Gross Annual Value (higher of 5 or 6)[in case of vacancy only point 5 is considered)
7. Less: Municipal taxes paid (12% of MRV)

70,000
72,500
65,000
65,000
60,000

80,000
8,400
8. Net Annual value (6-7)
Less: Deduction under section. 24
(a) Standard Deduction @ 30%
(b) Interest on money borrowed
Nil


31,500
71,600

21,480
31,500
Income/ (Loss from house property)
Total Income from house property = (31,500) + 18,620 = (12,880)
(31,500)
18,620

Or
(b) Explain how to compute income from a let out house property. Write a short note on interest on borrowed capital. 10+4=14
Ans: Annual Value (Section 23)
The Annual Value of a house property is the inherent capacity of the property to earn income and  it has been defined as the amount for which the property may reasonably be expected to be let out from year to year. It is not necessary that the property should actually be let out. It is also not necessary that the reasonable return from property should be equal to the actual rent realized when the property is, in fact, let out.
Computation of annual value: Computation of Annual Value for the determination of Income from House property requires three steps.
Ø  STEP 1 Determine the Gross Annual Value(GAV)
Ø  STEP 2 Determine the value of Municipal taxes
Ø  STEP 3 Compute the Net Annual Value
STEP 1- Determine the Gross Annual Value (GAV):
Calculation of GAV based on the following factors:
1) Fair Rental Value (FRV): The amount of rent which a similar property (similar to the house property the GAV of which is to be determined) in the same locality would fetch.
2) Municipal Rental Value (MRV): The value of the house property under consideration as determined by the Municipal authorities for the purpose of levying Municipal taxes.
3) Standard Rental Value (SRV): The maximum amount of rent which a person can recover from his tenant, legally, as determined by the Rent Control Act.
4) Expected Rental Value (ERV): The Fair rent or Municipal value, whichever is higher, subject to the Standard rent.
5) Unrealised rent: The amount of rent which is not capable of being realised. The amount of Unrealised rent shall not be included in the actual amount of rent receivable from the house property if all the following for conditions are satisfied:
a) Tenancy is in good-faith.
b) The defaulting tenant has vacated or steps must have been taken to vacate such tenant.
c) The defaulting tenant doesn't continue to occupy any other property of the assessee.
d) Assessee has taken all the reasonable steps to proceed against the defaulting tenant legally or he must satisfy the assessing officer that if such steps are taken, it will be of no use. 
6) Actual rent receivable (ARR): The amount of rent which is equal to the difference between the Rent receivable and the unrealised rent.
7) Unoccupied property: The House property which cannot be occupied by its owner by reason of his employment, business or profession being in some other place and he resides at that place in a property not owned by him.
It should be noted that the procedure for determination of Gross Annual Value is not same in all the cases. It varies according to the given situation. Various situations and the respective procedures for computation of GAV are given below:
1) Property is let out throughout the previous year (Section 23(1) (a)/ (b)): GAV = ERV or ARR, whichever is higher.
2) Let out property is vacant for a part of the year (Section 23(1) (c)):  If the ARR < ERV only because the property was vacant for a part of the year, GAV = ERV.  If the ARR < ERV for any other reason, GAV = ERV.  If the ARR > ERV even though it was vacant for a part of the year, GAV = ARR. In all the cases, ARR is computed for the let out period only and the ERV is for whole year as usual.
3) Self-occupied or Unoccupied property (Section 23(2)): GAV = Nil 
4) Let out for a part of the year and self-occupied for a part of the year (Section 23(3)):  GAV = Higher of ERV (calculated for the whole year) and ARR (calculated for let out period only)
5) Deemed to be let out property (Section 23(4)):  This case arises when the assessee has more than two Self-occupied properties in a previous year. In such case, only two of such properties is treated as self-occupied and the remaining shall be treated as Deemed to be let out properties. Here, GAV = ERV.
6) A portion of the property is let out and the remaining portion is self-occupied:  GAV is calculated separately for self-occupied part and the let out part. The values of FR, MV, SR and Municipal taxes are apportioned on the given basis.
Thus, there is a scope for charging tax on Notional rent too. This happens when the GAV determined according to the above steps is the ERV.
Now that the Gross Annual Value of the house property is determined, the next step is to determine the value of Municipal taxes paid that is deductible from the Gross Annual Value.
STEP 2 - Determine the value of Municipal taxes:
The municipal tax or the property tax paid is allowed as deduction from the Gross Annual Value if the following two conditions are satisfied.
(a)    The property is let out during the whole or any part of the previous year,
(b)   The Municipal taxes must be borne by the landlord. If the Municipal taxes or any part thereof are borne by the tenant, it will not be allowed.
(c)    The Municipal taxes must be paid during the year. Where the municipal taxes become due but have not been actually paid, it will not be allowed.
STEP 3 - Compute the Net Annual Value:
Gross Annual Value                                        ++++++
Less: Municipal Taxes                                     ++++++
Net Annual Value                                            ++++++
Deductions allowable under section 24 of the income tax act
Following two deductions will be allowable from the net annual value to arrive at the taxable income under the head ‘income from house property’:-
(a)    Statutory deduction: 30 per cent of the net annual value will be allowed as a deduction towards repairs and collection of rent for the property, irrespective of the actual expenditure incurred.
(b)   Interest on borrowed capital: The interest on borrowed capital will be allowable as a deduction on an accrual basis if the money has been borrowed to buy or construct the house. It is immaterial whether the interest has actually been paid during the year or not. If money is borrowed for some other purpose, interest payable thereon cannot be claimed as deduction.
Limit of deduction u/s 24(b)
A. In case of Let out/ deemed to be let out house property: Interest on Money borrowed is allowed as deduction without any limit. Here interest on money borrowed = interest of P/Y + 1/5 of Pre-construction period (PCP) interest. PCP started from the date of borrowing and ended on 31st mar immediately preceding (Before) the year of completion.
B. In Case of Self Occupied House Property:  Max. Rs. 2,00,000 is allowed as deduction if the following conditions are satisfied:
Ø  Loan taken after 1 – 4 – 99
Ø  For construction/purchase (Capital expenditure) of house
Ø  Construction completed within 5 years from the end of financial year in which loan is borrowed.
Ø  Loan certificate is obtained
For all other cases maximum allowed deduction is Rs. 30000

6. (a) Write a note on Income-tax Authorities. Explain the powers of Central Board of Direct Taxes.       4+10=14
Ans: Section 116 of the Income Tax Act, 1961 provides for the administrative and judicial authorities for administration of this Act. The Direct Tax Laws Act, 1987 has brought far-reaching changes in the organizational structure. The implementation of the Act lies in the hands of these authorities. The change in designation of certain authorities and creation of certain new posts in the structure are the main features of amendments made by The Direct Tax Laws Act, 1987. The new feature of authorities has been properly depicted in a chart on the facing page. These authorities have been grouped into two main wings:
(i)  Administrative [Income Tax Authorities] [Sec. 116]
a)      the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963),
b)      Directors-General of Income-tax or Chief Commissioners of Income-tax,
c)       Directors of Income-tax or Commissioners of Income-tax or Commissioners of Income-tax (Appeals),
d)      Additional Directors of Income-tax or Additional Commissioners of Income-tax or Additional Commissioners of Income-tax (Appeals),
e)      Joint Directors of Income-tax or Joint Commissioners of Income-tax.
f)       Deputy Directors of Income-tax or Deputy Commissioners of Income-tax or Deputy Commissioners of Income-tax (Appeals),
g)      Assistant Directors of Income-tax or Assistant Commissioners of Income-tax,
h)      Income-tax Officers,
i)        Tax Recovery Officers,
j)        Inspectors of Income-tax.
(ii) Assessing Officer [ Sec. 2(7A)]
"Assessing Officer" means the Assistant Commissioner or Deputy Commissioner or Assistant Director or Deputy Director or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of this Act, and the Joint Commissioner or Joint Director who is directed under clause (b) of sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Act;
Powers of Central Board of Direct Taxes:
Income tax department are totally operated under the control of central board of direct taxes (CBDT). It performs the function of administration, supervision and control of entire income-tax structure in our country. The Income tax Act provides the following specific power to the CBDT:
(a)    It can declare any association whether incorporated or not and whether Indian or Non-Indian, as company.
(b)   The CBDT has the powers to determine the jurisdiction of various authorities mentioned in this Act.
(c)    The CBDT after considering territorial area, person or classes of person, incomes or classes of incomes, may issue directions to exercise the powers by any or all of these authorities.
(d)   The CBDT by general or specific order may authorise director or director general to perform the functions of any of the income tax authorities.
(e)   The CBDT may empower director general or chief commissioner or commissioner or deputy commissioner to exercise the power of assessing authority in respect of any person, specified area or incomes.
(f)     The CBDT has been empowered by Taxation Laws (Amendments) Act 1975 to make rules regarding the maintenance of books of accounts and documents required under Sec. 44A.
(g)    The Board prescribed cases where payment exceeding Rs. 10,000 could be made in cash u/s 40A(3).
(h)   The Board notifies professions and persons who have to maintain books of ac­counts etc. u/s 44AA.
(i)      To avoid undue hardship in any cases or class of cases, the CBDT may grant relaxation from any requirement.
(j)     To implement different provisions of the Act the board makes rules for whole of India.
(k)    The conditions governing the reference to the Valuation Officer are prescribed by the Board.
(l)      In case of clash of jurisdiction between various authorities, the CBDT has the powers to resolve the issue.
(m) It authorizes particular income-tax authorities to conduct a search etc. u/s 132(1).
Or
(b) What do you mean by appeal to Appellate Tribunal? Write a note on procedure and powers of Appellate Tribunal.
Ans: Appeal before Income Tax Appellate Tribunal (ITAT): Appeal against an order of Commissioner (Appeals) lies with the Income Tax Appellate Tribunal (ITAT). The tribunal shall be constituted by the central government and shall consist of as many judicial and accountant members as it thinks fit. Both tax payer and the Assessing Officer can file appeal before ITAT.
Orders against which assessee can appeal to the appellate tribunal
An assessee may file an appeal to the Appellate Tribunal against the following orders:
a)      An order passed by Commissioner (Appeals).
b)      An order passed by a Principal Commissioner or Commissioner.
c)       An order passed by an assessing officer.
d)      An order imposing penalty by a Principal Chief Commissioner/Chief Commissioner,  Principal Director General/Director General or Principal Director/Director under Section 272A.
e)      Appeals against the rejection of approval of a religious/charitable institution.
f)       Appeals against the order of Dispute Resolution Panel.
Appeal is to be filed (in Form 36) before the Appellate Tribunal within 60 days of the date on which order appealed against is communicated to the taxpayer or the Commissioner, as the case may be. Appeal fee to be paid based on the taxable income subject to a maximum of Rs.10000. The Appellate Tribunal may admit an appeal after the period of 30 days if it is satisfied that there was sufficient cause for not presenting it within the prescribed time.
After admitting the appeal, the ITAT will fix the date of hearing along with the place of hearing the appeal and will also notify the parties. A copy of memorandum of appeal is to be sent to the respondent either before or along with such notice. The ITAT will hear the appeal on the date fixed. The appeal may be adjourned on other dates and in such a case the appeal will be heard on the respective dates. If the appellant is called by the ITAT but fails to appear before the ITAT either in person or through an authorized representative, the appeal may be disposed of by the ITAT on merits after hearing the respondent. Subsequent to ex parte hearing, if the appellant appears before the ITAT and satisfies the ITAT that there was sufficient cause in his case for non-appearance before the ITAT, then set aside the ex parte order and restore the appeal. Similar procedure is applicable where appeal is disposed of in the absence of respondent.
Powers of appellate tribunal:
The appellate tribunal shall form itself in benches constituted by its president and every bench comprised of one judicial member and one accountant member. The tribunal have powers to regulate its proceeding in its own manner. The tribunal shall have the same powers conferred upon different income tax authorities and the proceedings before the appellate tribunal shall be deemed to be judicial proceedings.
a) The tribunal has the power to allow the appellant to withdraw an appeal.
b) The appellate tribunal enjoys all the powers which any appellate court enjoys under the code of civil procedure.
c) The appellate tribunal has the power to pass such order as it thinks just in relation to the matters that arise in the appeal.
The ITAT may, at any time within 6 months from the end of the month in which the order was passed, rectify any mistake apparent from record, amend any order passed by it if the mistake is brought to its notice by the taxpayer or Assessing Officer. However, where such amendment has the effect of enhancing an assessment or reducing a refund or otherwise increasing a liability of the taxpayer, it shall not be made unless the Appellate Tribunal has given a notice to the taxpayer of its intention to do so and has allowed the taxpayer a reasonable opportunity
(OLD COURSE)
Full Marks: 80
Pass Marks: 32
Time: 3 hours

1. (a) Write True or False:                             1x4=4
1)      A person may have dual residential status, i.e., he may be resident of one or more countries in a relevant previous year.   True
2)      Salary also includes income tax of employee paid by employer.         True
3)      Fair rental value is based on the rent prevailing for similar type of accommodation in same or similar type of locality.                 True
4)      Public Provident Fund (PPF) offers self-employed people the benefit to enjoy deduction u/s 80C. True        
(b) Choose the correct answer to the following:                                            1x4=4
1)      Perquisites or benefits or any other remuneration received from other than the employer, would be taxable under the head.
a.       Income from Salaries.
b.      Income from House Property.
c.       Income from Other Sources.
2)      Artificial Juridical person’s example is
a.       State Bank of India, Dibrugarh.
b.      Delhi University.
c.       Guwahati Municipal Corporation.
3)      Tribal areas/Scheduled areas allowances as specified in rule 2BB, exemption to State, Assam and other similar States are subject to limit of
a.       Rs. 500 per month.
b.      Rs. 200 per month.
c.       Rs. 100 per month.
4)      Mohan is entitled to education allowance @ 6,000 p.a. per child for 3 children. It will be exempted to the extent of
a.       Rs. 4,000.
b.      Rs. 2,400.
c.       Rs. 1,200.
2. Write short notes on any four of the following:                                             4x4=16
a)      Previous year.
b)      Leave travel concession.
c)       Standard deduction.
d)      Fair rental value.
e)      Perquisites.
f)       Deemed receipt.
3. (a) Explain the provisions relating to newly established units in special economic zone [Section 10AA] of the Income-tax Act, 1961.                            12
Or
(b) “Liability of an assessee is determined with reference to his residence.” Explain the statement in detail.        12
4. (a) Mention any eleven exempted incomes u/s 10 of the Income-tax Act, 1961.                            11
Or
(b) Write notes on the following:                              5 ½ x2=11
1)      Tax holiday for industrial units in trade zones.
2)      Tax holiday for newly established units in special economic zones.
5. (a) Shri Swadhin Jyoti originally hail from Assam is working at Pune in a company. He provides the following information about his salary income:
1)      Basic salary @ Rs. 20,000 p.m.
2)      Dearness allowance @ Rs. 3,000 p.m.
3)      City compensatory allowance @ Rs. 1,000 p.m.
4)      Entertainment allowance @ Rs. 14,000 p.a.
5)      Commission received on turnover Rs. 25,000.
6)      Rent-free accommodation of (furnished) on which employer pays municipal tax on Rs. 65,000 p.a. and furniture value is Rs. 1,40,000.
7)      Medical bills reimbursed by company (treatment taken from a private hospital) Rs. 15,000.
8)      He is provided with a car of 1.8 Lt capacity which is partly used for personal and partly for employment purposes.
9)      During the year, he travelled in connection with his job and his travelling allowance is allotted to Rs. 20,000. Actual expenditure on tour amounted to Rs. 18,000.
10)   Professional tax paid by him is Rs. 2,500.
Compute the taxable income from salary of Shri Swadhin Jyoti for the assessment year, 2017-18.                             11
Or
(b) What do you mean by the term perquisites under the head salary? Explain the following in terms of –
a.       Valuation of perquisites in respect of free education;
b.      Valuation of medical facilities.                                                                            5 ½ +5 ½=11
6. (a) From the information given below, find out the income under the head ‘Income from House Property’ for the assessment year, 2017-18:

House – I (Rs.)
House – II (Rs.)
Fair Rent
Annual Rent

Municipal valuation (MV)
Standard rent (SR)
Municipal taxes paid
Repairs
Insurance
Interest on capital borrowed by mortgaging    House – I
(funds are used for construction of   House – II)
Unrealised rent 2016-17
70,000
73,000

71,000
NA
16,000
4,000
5,000
16,000

-
1,72,000
1,74,000
(after deduction of unrealized rent)
1,75,000
NA
40,000
8,000
55,000
-

55,000
The above property is let out throughout the previous year 2016-17.                                  11
Or
(b) Explain the procedure of computation of gross annual value in the case of let out house property.                                11
7. (a) Who is an assessing officer under income-tax department? Explain the power of assessing officer.                               11
Or
(b) State the authorities that are authorized u/s 132(1) of the Income-tax Act, 1961, to issue orders regarding search and seizure. What are the rules regarding retention of seized books and documents?             6+5=11

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