The following are the details relating to Mr. Roshan, a resident Indian, relating to the year ended 31.03.2024 Particulars Amount (₹) Short term…
CA Intermediate · Taxation · MTP · May 2024
The following are the details relating to Mr. Roshan, a resident Indian, relating to the year ended 31.03.2024 Particulars Amount (₹) Short term capital gain 1,50,000 Loss from house property [let out property] 2,50,000 Loss from speculative business 50,000 Loss from card games 20,000 Brought forward long term capital loss of A.Y. 2020-21 86,000 Dividend from ABC Ltd. 11,00,000 Loss from tea business 1,06,000 Mr. Roshan's wife, Shamita is employed with Ray Ltd., at a monthly salary of 25,000, where Mr. Roshan holds 21% of the shares of the company. Shamita is not adequately qualified for the post held by her in Ray Ltd. You are required to compute taxable income of Mr. Roshan for the A.Y. 2024-25 if he has exercised the option to shift out of the default tax regime under section 115BAC. Ascertain the amount of losses which can be carried forward.
Suggested Answer and Working Notes:
Computation of Taxable Income of Mr. Roshan for the A.Y. 2024-25 under normal provisions of the Act Particulars Particulars ₹ Salaries Shamita's salary (₹ 25,000 x 12) [See Note 1] 3,00,000 Less: Standard deduction under section 16(ia) upto 50,000 50,000 2,50,000 Less: Loss from house property set off against salary income as per section 71(3A) [See Note 2] 2,00,000 50,000 Capital Gains Short term capital gain 1,50,000 Less: Loss from tea business (₹ 1,06,000 x 40%) [See Note 3 & 4] 42,400 1,07,600 Income from Other Sources Dividend income 11,00,000 Taxable Income 12,57,600 The following losses can be carried forward for subsequent assessment years: (i) Loss from house property to be carried forward and set-off against income from house property - 50,000 (ii) Long-term capital loss of A.Y. 2020-21 can be carried forward and set-off against long-term capital gains - 86,000 (iii) Loss from speculative business to be carried forward and set-off against income from speculative business - 50,000 Notes: (1) As per section 64(1)(ii), all the income which arises directly or indirectly, to the spouse of any individual by way of salary, commission, fees or any other form of remuneration from a concern in which such individual has a substantial interest shall be included in the total income of such individual. However, where spouse possesses technical or professional qualification and the income is solely attributable to the application of such knowledge and experience, clubbing provisions will not apply. Since, Mrs. Shamita is not adequately qualified for the post and Mr. Roshan has substantial interest in Ray Ltd by holding 21% of the shares of the Ray Ltd., the salary income of Mrs. Shamita to be included in Mr. Roshan's income. (2) As per section 71(3A), loss from house property can be set off against any other head of income to the extent of 2,00,000 only. (3) 60% of the losses from tea business is treated as agricultural income and therefore exempt under section 10(1). Loss from an exempt source cannot be set off against profits from a taxable source. (4) As per section 71(2A), business loss cannot be set off against salary income. Hence, 40% of the losses from tea business i.e.,42,400 can be set off against short term capital gains or dividend income. (5) Loss from card games can neither be set off against any other income, nor can it be carried forward. (6) Loss of 50,000 from speculative business can be set-off only against the income from the speculative business. Hence, such loss has to be carried forward. (7) As per section 74(1), brought forward long-term capital loss can be set-off only against long-term capital gain. Such loss can be carried forward for eight assessment years immediately succeeding the assessment year for which the loss was first computed. Since, 8 assessment years has not expired, such loss can be carried forward to A.Y. 2025-26 for set-off against long-term capital gains.
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
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