Mr. Joshi, resident Indian, aged about 58 years, furnished the following details of his income for the previous year 2023-24: (i) Income from House…

CA Intermediate · Taxation · PYQS · May 2024
Mr. Joshi, resident Indian, aged about 58 years, furnished the following details of his income for the previous year 2023-24: (i) Income from House property (computed) ₹ 2,00,000. (ii) Income from Proprietary Business - 3,00,000. (iii) Short Term Capital Gain on sale of Land - 2,00,000. (iv) Short Term Capital loss on sale of equity shares listed in recognized stock exchange (STT paid) ₹ 75,000. (v) Interest on Bank fixed deposit - 50,000 received by his son, aged 21 years, out of money gifted by Mr. Joshi in 2022. (vi) Loss from Speculation Business - 40,000. (vii) Loss from Owning and Maintenance of Race Horses - 50,000. Following are the brought forward losses: (a) Brought forward House property loss of assessment year 2021-222,50,000. (b) Brought forward business loss of Proprietary business from assessment year 2013-1450,000. (c) Unabsorbed Depreciation relating to assessment year 2014-151,00,000. (d) Brought forward Long Term Capital Loss from assessment year 2018-1990,000. Return of income for that year was filed on 31.01.2019, after due date of filing the return. Compute the total income of Mr. Joshi for the assessment year 2024-25 and show the items eligible for carry forward, assuming that he exercises the option of shifting out of the default tax regime provided under Section 115BAC(1A).

Suggested Answer and Working Notes:

Computation of total income of Mr. Joshi for the A.Y.2024-25 Particulars ₹ Income from house property 2,00,000 Less: Set-off of brought forward loss from house property of A.Y. 2021-22 is allowed, since 8 years period not yet lapsed 2,00,000 Nil Profits and gains from business or profession Income from proprietary business 3,00,000 Less: Set off of brought forward business loss of A.Y. 2013-14 not allowable as 8 years' time has already lapsed in the A.Y. 2021-22 Nil Less: Set off of unabsorbed depreciation of A.Y. 2014-15 1,00,000 2,00,000 [Note – Alternatively, unabsorbed depreciation can be set-off against short-term capital gains] Capital Gains Short-term capital gain on sale of land 2,00,000 Less: Set-off of short-term capital loss on sale of listed equity shares 75,000 1,25,000 Brought forward long-term capital loss is not allowed to be carried forward and set-off, since return of income for the A.Y. 2018-19 was filed after the due date of filing return of income. Income from Other Sources Interest on fixed deposit not includible in the hands of Mr. Joshi since his son is major Nil Gross Total Income 3,25,000 Less: Deduction under Chapter VI-A Nil Total Income 3,25,000 Items eligible for carried forward (i) Loss from speculation business of 40,000 can be set-off against income from speculation business only. Hence, such loss would be carried forward to subsequent assessment year. (ii) Loss from owning and maintenance of race horses - 50,000, can be set-off against income from income from owning and maintenance of race horses only. Thus, such loss would be carried forward to subsequent assessment year. (iii) Brought forward loss from house property can be set off only against income of house property. Hence, remaining loss of 50,000 has to be carried forward to subsequent assessment year.

Topics: Paper 3A: Income Tax Laws

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