Lalit, an individual whose total sales in business during the year ended 31.3.2023 was - 1.50 crores, opted to compute income under section 44AD for…

CA Final · Direct Tax Laws and International Taxation · PYQS · May 2024
Lalit, an individual whose total sales in business during the year ended 31.3.2023 was - 1.50 crores, opted to compute income under section 44AD for A.Y. 2023-24. He paid - 5,00,000 by cheque on 1.2.2024 to a contractor (an individual), for construction of his factory building. No amount was credited earlier to the account of the contractor in the books of Lalit. The turnover of Mr. Lalit for previous year 2023-24 is 95 Lacs. He also pays a monthly rent starting from 1 st April, 2023 to 31 st March, 2024 of 16,000 p.m. for the office premises to Mr. Hemant, the owner of building. Besides, he also pays service charges of 5,500 per month to Mr. Hemant towards the use of furniture, fixtures and vacant land appurtenant to office. Examine the obligation of the tax deducted at source for A.Y. 2024-25.

Suggested Answer and Working Notes:

Lalit is required to deduct TDS under section 194C for contract payments and under section 194-I for rent paid for office premises during the previous year 2023-24 since Lalit's turnover for the previous year 2022-23 exceeded 1crore. Thus, tax deduction under section 194C would be - 5,000 5 , being 1% of 5lakhs. Mr. Lalit is also required to deduct tax at source @10% u/s 194-I on the rent paid for office premises and for furniture, fixtures and vacant land appurtenant to office to Mr. Hemant, since aggregate of rent i.e.,2,58,000 [(16,000 +5,500) x 12] paid during the P.Y. 2023-24 exceeds the threshold limit of 2,40,000. The tax deduction under section 194-I would be - 25,800, being 10% of 2,58,000. 5 ITC Ltd v. CIT (2016) 384 ITR 14 (SC) 6 TDS would be - 5,050, if it is assumed that - 5,00,000 is the net amount after TDS.

Topics: Deduction, Collection and Recovery of Tax

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