In the following cases relating to P.Y.2023-24, the total income of the assessee or the total income of any other person in respect of which he/she…

CA Intermediate · Taxation · MTP · May 2024
In the following cases relating to P.Y.2023-24, the total income of the assessee or the total income of any other person in respect of which he/she is assessable under Income-tax Act does not exceed the basic exemption limit. You are required to state with reasons, whether the assessee is still required to file the return of income or loss for A.Y.2024-25 in each of the following independent situations: (i) Manish & Sons (HUF) sold a residential house on which there arose a long term capital gain of 12 lakhs which was invested in Capital Gain Bonds u/s 54EC so that no long term capital gain was taxable. (ii) Samarth has incurred an expenditure of 1,20,000 towards consumption of electricity, the entire payment of which was made through banking channels.

Suggested Answer and Working Notes:

First alternative (i) A HUF whose total income without giving effect to, inter alia, section 54EC, exceeds the basic exemption limit, is required to file a return of its income on or before the due date under section 139 (1) . In this case, since the total income without giving effect to exemption under section 54EC is 12lakhs, exceeds the basic exemption limit, the HUF is required to file its return of income for A.Y. 2024-25 on or before the due date under section 139 (1) . (ii) If an individual has incurred expenditure exceeding 1lakh towards consumption of electricity during the previous year, he would be required to file a return of income, even if his total income does not exceed the basic exemption limit. Since Mr. Samarth has incurred expenditure of 1,20,000 in the P.Y.2023-24 towards consumption of electricity, he has to file his return of income for A.Y. 2024-25 on or before the due date under section 139 (1) .

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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