Sec 207, A critical analysis !!!

I would like to draw your attention on Sec 207 of Income tax Act.

Sec Text is as under:

207. (1) Tax shall be payable in advance during any financial year, in accordance with the provisions of sections 208 to 219 (both inclusive), in respect of the total income of the assessee which would be chargeable to tax for the assessment year immediately following that financial year, such income being hereafter in this Chapter referred to as "current income".

(2) The provisions of sub-section (1) shall not apply to an individual resident in India, who—

(a) does not have any income chargeable under the head "Profits and gains of business or profession"; and

(b) is of the age of sixty years or more at any time during the previous year.

In Simple words Advance tax liability does not arise on senior citizen who does not have any income under Profit and gains of business and profession. 

Now, a question arise:

If an assessee is senior citizen and he is partner in Partnership firm and entitled to get profit from firm which is exempt under 10(2A) and not entitled to any remuneration and interest, Sec 207 apply on him and whether he is not liable to pay advance tax. ??

Answer is NO. He is not liable to pay any advance tax.

Analysis of Section 207: 

In Clause 2(a) of sec 207, the word used is 'CHARGEABLE'. But profit of the firm is not chargeable in the hands of partner.

So, if partner is senior citizen, he is NOT LIABLE to pay advance tax.  

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Posted in Income Tax Act 1961, Queries

Latest Tax and Accounts updates:

1. IAS (Ind AS) notified vide notification dated 16.02.2015. Link for such notification is :

http://www.mca.gov.in/Ministry/pdf/Notification_20022015.pdf

2. Removal of Minimum Export Price (MEP) on export of Potato 

3. ICAI Guidance Note on Accounting for Rate Regulated Activities. Link: http://220.227.161.86/25919asbrra170212.pdf 

4. FICCI introduced its Pre budget Memorandum 2015-16.

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Entry for property Transferred as gift by Partnership Firm ?

Query:

A partnership firm has given a Immovable property gift to 2 of its partners. A gift deed is made (with stamp duty value 30Lakh). But the cost of the property in the firm's Balance sheet is only Rs 2Lakh. The entry passed is
 partner's capital a/c 1...Dr Rs 100000
 partner's capital a/c 2 ...Dr Rs 100000 
To Property account. ..........Cr Rs 200000  

 If we pass the entry as above the capitals of the partners will be reduced. Since it is a gift for no consideration at all, why should the capital balances be reduced

Answer: 

As the firm has made gift deed, the entry should be as mentioned.

Further as per simple accounting concept, firm and individual partners are different entity.And this is loss to firm as it has transferred the property as gift. 

And loss will be ultimately debited in partners capital account. While computing the Income tax, if it would have been debited in p&l, the deduction of the same (Loss) could have not be claimed for income tax purposes. So, the effect would be the same in accounts though (Net P&L debit to capital A/c)

 While filing return of income, the same should be treated as capital gain in the return of firm.

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Posted in Accounts, Income Tax Act 1961, Queries

Set off mandatory in the succeeding year or not ?

Query: 

For a company Loss in A.Y. 2012-13 is rs . 12500 Profit in A.Y 2013-14 is Rs. 50000 but company failed to take the set off of the said loss And now, Profit in A.Y 2014-15 is Rs. 5,00,000 So can the company take the set off of the loss in current year. Loss in A.Y. 2012-13 is related to Loss from Business other than speculative business.

Answer

No, the company cannot setoff of the AY 2012-13 Loss in AY 2014-15. 

It is mandatoy to set off loss in the AY 2013-14. 

It is mandatory to set off loss in the AY 2013-14. It is mandatory to set off the carried forward losses in the immediately succeeding year, against the income of such succeeding year. Otherwise, the losses will get lapsed. Tyresoles v CIT 49 ITR 515 (Madras). 

So, Revise return of AY 2013-14 and get refund of tax paid in AY 2013-14.

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Posted in Income Tax Act 1961, Queries

Availability of Rebate U/s. 87A (Rs. 2000) for FY 2014-15 / AY 2015-16

Availability of Rebate U/s. 87A for FY 2014-15 / AY 2015-16:

Finance Act 2014 has increased Income Tax Exemption Limit by Rs. 50000/- for Individuals and Senior Citizens below the Age of 80 Years. Now Question arises was do Rebate of income-tax under section 87A as applicable for FY 2013-14 also available for FY 2014-15 and subsequent years.
Finance Act 2013 has introduced the rebate U/s. 87A and in this section it has not restricted the exemption to any particular Financial or Assessment year. Further in Recently Presented Budget 2014 by Finance Minister Arun Jaitley section 87A was not been amended.
So in our view Rebate U/s. 87A is Available to Resident Individuals , whose total income does not exceed 5 Lakh rupees in even for Financial Year 2014-14 and for Subsequent Years.
Extract of Section 87A is as follows :-
The following section 87A shall be inserted after section 87 by the Finance Act, 2013, w.e.f. 1-4-2014 :
Rebate of income-tax in case of certain individuals.
87A. An assessee, being an individual resident in India, whose total income does not exceed five hundred thousand rupees, shall be entitled to a deduction, from the amount of income-tax (as computed before allowing the deductions under this Chapter) on his total income with which he is chargeable for any assessment year, of an amount equal to hundred per cent of such income-tax or an amount of two thousand rupees, whichever is less.

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Posted in Amendments, Income Tax Act 1961

Income Tax deduction under Section 80DD

Section 80dd -
Query:

A) Whether you need to have and submit the medical certificate of disabled person with percentage of disability.?

B) Need to maintain bills for claiming the exemption ?

C) How much deduction can be claimed ?

Answer: 

Abstract of Section 80DD:

(1) Where an assessee, being an individual or a Hindu undivided family, who is a resident in India, has, during the previous year,—

(a) incurred any expenditure for the medical treatment (including nursing), training and rehabilitation of a dependant, being a person with disability; or

(b) paid or deposited any amount under a scheme framed in this behalf by the Life Insurance Corporation or any other insurer or the Administrator or the specified company subject to the conditions specified in sub-section (2) and approved by the Board in this behalf for the maintenance of a dependant, being a person with disability,

the assessee shall, in accordance with and subject to the provisions of this section, be allowed a deduction of a sum of fifty thousand rupees (Rs. 50000) from his gross total income in respect of the previous year:

Provided that where such dependant is a person with severe disability, the provisions of this sub-section shall have effect as if for the words “fifty thousand rupees”, the words“one hundred thousand rupees”(Rs. 100000/-) had been substituted.

(4) The assessee, claiming a deduction under this section, shall furnish a copy of the certificate issued by the medical authority in the prescribed form and manner, along with the return of income under sec 139, in respect of the assessment year for which the deduction is claimed:

Answer A) : As per subsection (4) of 80DD, the same said to be prescribed in rules. Rule 12 of income tax act  in this regard,  provides that the return of income shall not be accompanied by any document or copy of any account or form or report of audit required to be attached with return of income under any of the provisions of the Act. Even if the same is not required to be attached with return of income but AO can demand to allow you deduction. So, get a certificate for disability or severe disability.

B) Condition is only  'you incurred any expenditure for the medical treatment (including nursing)'. No condition so as to maintenance of bills. So, if you incur even a 10 Rs. Note for disable, you can get full deduction for Rs. 50000 or 100000 as the case may be.

C) Rs. 50000/- for disable person and Rs. 100000 if the dependent person is severely disable.

"Dependent" for this section are -

(i) in the case of an individual, the spouse, children, parents, brothers and sisters of the individual or any of them;

(ii) in the case of a Hindu undivided family, a member of the Hindu undivided family,

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Posted in Income Tax Act 1961, Queries

Sec 54 Change as per Finance Act, 2014

The old 54 section was:  
54. [(1)][Subject to the provisions of sub-section (2), where, in the case of an assessee being an individual or a Hindu undivided family, the capital gain arises from the transfer of a long-term capital asset, being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head "Income from house property" (hereafter in this section referred to as the original asset), and the assessee has within a period of one year before or two years after the date on which the transfer took place purchased, or has within a period of three years after that date constructed, a residential house, then, instead of the capital gain being charged to income-tax as income of the previous year in which the transfer took place, it shall be dealt with in accordance with the following provisions of this section

 In the Finance Act 2014: 
 in place of  the words “constructed, a residential house”, the words “constructed, one residential house in India” substituted. Hence, no change in basis exemption, but now in Finance Act, 2014 the exemption has been made limited to purchase of one residential house in India only. Before you could purhcase a house in india or outside india but now you can purchase house in india only. Nothing else has been changed. and the same is applicable from 01.04.2015.

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Posted in Amendments, Income Tax Act 1961