Mahesh (Age 50 years) is the CEO of Silver India Ltd. since 01.04.2019. His income in India consists of (i) salary (before standard deduction) of 23…
CA Final · Direct Tax Laws and International Taxation · RTP · May 2024
Mahesh (Age 50 years) is the CEO of Silver India Ltd. since 01.04.2019. His income in India consists of (i) salary (before standard deduction) of 23 lakhs; (ii) interest in respect of self-occupied property of 1,80,000; (iii) interest on bank fixed deposits - 1,60,000. He has the following income for the year ended 31st March 2024 in Country 'A'. (i) Income from business in Country A = USD 25,000; (ii) Rent from house property in Country A = USD 4,500; (iii) Municipal taxes in respect of the above house (Not allowed as deduction in Country A) = USD 450; (iv) Dividend from shares held in Country 'A' where dividend was declared and paid in March, 2024 =USD 10,000; (v) Short term capital gain of USD 5,000 on sale of shares of companies registered in Country 'A' and sale proceeds were credited in bank account outside India on 28.03.2024. India has DTAA with Country 'A' and the tax paid in Country 'A' is eligible for tax credit in India. The fiscal year for income-tax is the same both in India and Country 'A'. Rate of tax is 20% in Country 'A' in respect of all incomes. Income-tax was paid by Mahesh on 25.05.2024 for the incomes of the year ended 31st March 2024 in Country 'A'. Compute the total income and net tax liability of Mahesh for the A.Y. 2024-25. Assume Mahesh pays tax under section 115BAC. The TT buying rate of 1 USD on various dates: 29.02.2024= 70; 28.03.2024 = 70.50; 31.03.2024 = 71; 30.04.2024 = 72; and 25.05.2024 = 73.
Suggested Answer and Working Notes:
19. Computation of total income of Mahesh for A.Y. 2024-25 as per section 115BAC Since Mr. Mahesh is a resident in India for the P.Y.2023-24, his global income would be subject to tax in India. Therefore, income earned by him in Country A would be taxable in India. Particulars Amount (₹) Amount (₹) Salaries Salary from Silver Ltd. 23,00,000 Less: Standard deduction u/s 16(ia) 50,000 22,50,000 Income from house property Let out property in Country A Gross Annual Value 2 USD 4,500 Less: Municipal taxes USD 450 Net Annual Value USD 4,050 Less: Deduction under section 24 – 30% of NAV USD 1,215 USD 2,835 [₹ 2,835 x 71, being the last day of previous year i.e., 31.3.2024 as per Rule 115] 2,01,285 Self-occupied property in India Loss from self-occupied property [Interest u/s 24(b) is not allowable in respect of self-occupied property under section 115BAC] - 2,01,285 Profits and gains from business or profession Income from business in Country A [₹ 25,000 x 71, being the last day of previous year i.e., 31.3.2024 as per Rule 115] 17,75,000 Capital Gains Short term capital gains on sale of shares of companies registered in Country A [₹ 5,000 x 70, being the last day of the month immediately preceding the month in which the shares are transferred i.e., 29.2.2024 as per Rule 115] 3,50,000 Income from Other Sources Interest on bank fixed deposits 1,60,000 Dividend from shares held in Country A [₹ 10,000 x 70, being the last day of the month immediately preceding the month in which the dividend is declared i.e., 29.2.2024 as per Rule 115] 7,00,000 8,60,000 Gross Total Income/Total Income 54,36,285 Total Income (Rounded off) 54,36,290 Computation of Net tax liability of Mahesh for A.Y.2024-25 Particulars Amount Upto 3,00,000 Nil 3,00,001 - 6,00,000 [i.e.,3,00,000 @5%] 15,000 6,00,001 - 9,00,000 [i.e.,3,00,000 @10%] 30,000 9,00,001 - 12,00,000 [i.e.,3,00,000 @15%] 45,000 12,00,001 – 15,00,000 [i.e.,3,00,000 @ 20%] 60,000 15,00,001- 54,36,290 [i.e.,39,36,290 @ 30%] 11,80,887 13,30,887 Add: Surcharge@10% [Since total income exceed 50lakhs but does not exceed 1crore) 1,33,089 14,63,976 Add: Health & Education Cess@4% 58,559 15,22,535 Less: Foreign tax credit, being lower of - Tax payable in India @28.007% on 30,26,285, being income from house property of 2,01,285, business income of 17,75,000 plus capital gains of 3,50,000 plus dividend income of 7,00,000 [i.e.,15,22,535/54,36,290 x 100] = 28.007% 8,47,572 Tax paid in Country A@20% [₹ 44,500 @20% x 72, being the rate on 30.4.2024, being the last day of the month immediately preceding the month in which tax is paid, i.e., May 2024] 6,40,800 6,40,800 Net tax liability 8,81,735 Net tax liability (Rounded off) 8,81,740
Topics: Double Taxation Relief
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