State with reasons whether the following acts can be considered as Tax Planning or Tax Compliance or Tax Evasion: One credit note was issued by SK…

CA Final · Direct Tax Laws and International Taxation · PYQS · September 2025
State with reasons whether the following acts can be considered as Tax Planning or Tax Compliance or Tax Evasion: One credit note was issued by SK Ltd. of 75,000 as commission payable to Mr. Kapil, although Mr. Kapil has not rendered any service to SK Ltd. Mr. Kapil is the son of the managing director of SK Ltd. The objective behind the issue of credit note is to increase the total income of Mr. Kapil from 6,25,000 to 7,00,000 and correspondingly reduce the total income of SK Ltd. Mr. Kapil opted to pay tax under section 115BAC.

Suggested Answer and Working Notes:

Tax Evasion: Issuance of a credit note for 75,000 by SK Ltd. as commission payable to Mr. Kapil, the son of the Managing Director, to increase his total income from 6.25 lakh to 7.00 lakh and to correspondingly reduce the company's total income is a method of reducing the tax liability of the company by recording a fictitious transaction. The company is liable to tax at a flat rate of 30% / 25% / 22%, as the case may be, whereas Mr. Kapil would not be liable to pay any tax as per the default tax regime under section 115BAC, since his total income does not exceed - 7,00,000, consequent to which he would be eligible for tax rebate of entire tax under section 87A. Reducing tax liability by recording a fictitious transaction would tantamount to tax evasion.

Topics: Tax Planning, Tax Avoidance & Tax Evasion

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