Determine if the following practices fall under the categories of (i) tax planning, (ii) tax management, or (iii) tax evasion. Briefly explain your…

CA Final · Direct Tax Laws and International Taxation · MTP · May 2025
Determine if the following practices fall under the categories of (i) tax planning, (ii) tax management, or (iii) tax evasion. Briefly explain your response. (1) Ms. Kanika deposits - 1,50,000 in PPF account to lower her total income from 5,90,000 to 4,70,000, in order to be in the 5% total income slab. (II) A corporate entity installed an air-conditioner costing - 70,000 at a director's home in accordance with the terms of his appointment, but it is treated as if it was installed in the factory's quality control area. This procedure is performed with the aim of treating it as a plant for depreciation purposes.

Suggested Answer and Working Notes:

Tax Planning / Tax Management / Tax Evasion Answer Reason (I) Tax planning Depositing money in PPF and claiming deduction under section 80C is as per the provisions of law. Hence, it is a legitimate tax planning measure which enables her to reduce her tax liability by claiming a deduction permissible under the Income-tax Act, 1961. (II) Tax evasion An air conditioner fitted at the residence of a director as per the terms of his appointment would be a furniture qualifying for depreciation@10%, whereas an air conditioner fitted in a factory would be a plant qualifying for a higher depreciation@15%. The wrong treatment unjustifiably increases the amount of depreciation and consequently, reduces profit and consequent tax liability. Treatment of air-conditioner fitted at the residence of a director as a plant fitted at the factory would tantamount to furnishing of false particulars with an attempt to evade tax.

Topics: Tax Planning, Tax Avoidance & Tax Evasion

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic