The profit and loss account of the Heros and Sons, a partnership firm, showed a net profit of 80 lakhs after debiting/crediting of the following…

CA Final · Direct Tax Laws and International Taxation · MTP · May 2024
The profit and loss account of the Heros and Sons, a partnership firm, showed a net profit of 80 lakhs after debiting/crediting of the following sums: (i) Interest on capital @14% -7,00,000 (ii) Interest on loan taken from one of the partners@ 15% -90,000 (iii) Interest on bank fixed deposits made out of surplus funds -25,000 (Gross) (iv) Depreciation as per books of accounts -1,02,000 (vi) A building purchased in the year 2018 having a WDV as on 1.4.2023, of 36.45 lakhs was sold on 05.11.2023 for 90 lakhs. The differential amount was credited to profit and loss account. The building was the only asset in the block. Additional Information: (a) The firm has four partners. Only 2 are working partners. Partnership deed authorises payment of interest to partners in the range of 12%-16% and also payment of remuneration to all the four partners @20,000 per month (not debited to profit and loss account). (b) It applied for establishing a unit in SEZ and the letter of approval was granted on 30.3.2020. However, it started the operation of SEZ only on 15.10.2020. The total turnover, export turnover received in convertible foreign exchange upto 30.9.2024 and net profit for the year ended 31.3.2024 were 120 lakhs, 40 lakhs and - 7.5 lakhs respectively. The net profit is included in the profit of 80 lakhs mentioned above. (c) Out of the amount received from sale of building, the firm invested 60 lakhs on 2.4.2024 in 5-years specified bonds of the National Highways Authority of India. The bonds were issued on 31.5.2024. (d) Depreciation as per Income-tax Rules, 1962 is 14,000 excluding depreciation on assets mentioned in (e) and (f) below. (e) WDV of Motor car as on 1.4.2023 -6,80,000. (f) Cost of mobile phones (purchased and put to use on 11.10.2023) ₹ 20,000 Compute the total income of the firm for the A.Y. 2024-25 giving reasons/explanations for the treatment of each item under the normal provisions of the Act.

Suggested Answer and Working Notes:

Computation of Total Income of Heros and Sons, a partnership firm, for the A.Y. 2024-25 Particulars Amount (in ₹) I Profits and gains of business and profession Net profit as per profit and loss account 80,00,000 Add: Items debited but to be considered separately or to be disallowed (1) Interest to partners on capital [As per section 40(b), interest to partners authorized by the partnership deed is allowable as deduction subject to a maximum of 12% p.a.] [₹ 7,00,000 x 2%/14%] 1,00,000 (2) Interest on loan taken from partner [As per section 40(b), interest to partners authorized by the partnership deed is allowable as deduction subject to a maximum of 12% p.a., whether it is interest on partner's capital or loan] [₹ 90,000 x 3%/15%] 18,000 (3) Depreciation as per books of account 1,02,000 2,20,000 82,20,000 Less: Items credited but chargeable to tax under other head/expenses allowed but not debited 1. Interest on bank fixed deposits made out of surplus fund [Interest received from bank on fixed deposits made out of surplus funds is assessable under the head 'Income from other sources'. Since the same has been credited to profit and loss account, the same has to be deducted while computing business income] 25,000 2. Profit on sale of building [Capital gain on sale of building is taxable under the head "Capital Gains". Since such gains has been credited to profit and loss account, the same has to be deducted while computing business income] 53,55,000 53,80,000 28,40,000 Less: Depreciation as per Income-tax Rules, 1962 - Depreciation other than on motor car and mobile phones 14,000 - Depreciation on Motor car [₹ 6,80,000 x 15%] 1,02,000 - Mobile phone [₹ 20,000 х 15% x 50%, since purchased and put to use for less than 180 days] 1,500 1,17,500 Book Profit 27,22,500 Less: Salary to working partners (i) As per limits given under section 40(b) On first - 3,00,000 @90% 2,70,000 On the balance of 24,22,500 @ 60% 14,53,500 17,23,500 (ii) Salary actually paid to working partners [₹ 20,000 x 12 x 2] 4,80,000 Deduction allowed being (i) or (ii) whichever is less 4,80,000 22,42,500 II Capital Gains Short term capital gain on sale of building forming part of block of asset [Since building was the only asset in the block] Full value of consideration 90,00,000 Less: Cost of acquisition [WDV as on 1.4.2023] 36,45,000 53,55,000 Less: Exemption under section 54EC [Investment in bonds of NHAI, the maximum deduction u/s 54EC would be 50lakhs] [Available against depreciable asset, being a building held for more than 24 months and the payment for bonds has been made within six months from the date of transfer, exemption u/s 54EC would be available even if the allotment of bonds was made after the expiry of the six months 3 ] 50,00,000 3,55,000 III Income from Other Sources Interest from bank on fixed deposits 25,000 Gross Total Income 26,22,500 3 Hindustan Unilever Ltd. v. DCIT (2010) 325 ITR 102 (Bom.) Less: Deduction under section 10AA [₹ 7,50,000 x 40,00,000/1,20,00,000 x 100] [Unit in SEZ is eligible for deduction u/s 10AA since it obtained the letter of approval on or before 31st March, 2020 and started operations before 31.3.2021] Total Income

Topics: Profits and Gains of Business or Profession

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