Worked Solution
✓ VerifiedComputation of Total Income and Tax Payable of Mr. Alok for Assessment Year 2021-22 (Financial Year 2020-21)
Mr. Alok is an advocate (aged 58, resident individual) following cash system of accounting. His income is computed under four heads.
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A. Income from Profession (under Profits and Gains of Business or Profession)
Fees from legal services received constitute the professional receipt of Rs. 49,60,000.
Allowable deductions are:
- Staff salary and bonus: Rs. 17,50,000 (business expenditure, deductible on payment under cash system)
- General and administrative expenses: Rs. 22,00,000
- Office rent: Rs. 1,48,000
- Motor car maintenance (2/3 only – 1/3 disallowed being personal use): Rs. 48,000
- Books – annual publications (eligible for 100% depreciation under Section 32 of the Income Tax Act 1961): Rs. 80,000
- Depreciation on motor car: Cost Rs. 9,50,000 acquired January 2021; used for < 180 days in the year, so rate = 15% × 50% = 7.5%. Depreciation = Rs. 71,250; official use (2/3) = Rs. 47,500
- Depreciation on computer: Cost Rs. 52,000 acquired 1-11-2020; used for < 180 days, so rate = 40% × 50% = 20%. Depreciation = Rs. 10,400 (fully for professional use; paid by A/c payee cheque – eligible)
- Interest on motor car loan: No interest paid during FY 2020-21 (cash system) → NIL deduction
- Life Insurance Premium: Personal expenditure – NOT deductible as professional expense (eligible under Section 80C)
- Motor car cost, domestic drawings, PPF, closing/opening balances: Not deductible in P&L
Income from Profession = Rs. 49,60,000 − Rs. 42,83,900 = Rs. 6,76,100
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B. Income from House Property
The flat in Kanpur is let out to Repco Bank at Rs. 35,000 per month.
Gross Annual Value (GAV) = Actual rent = Rs. 35,000 × 12 = Rs. 4,20,000
Net Annual Value (NAV) = Rs. 4,20,000 − Municipal taxes paid by owner Rs. 8,200 = Rs. 4,11,800
Deductions under Section 24 of the Income Tax Act 1961:
- Standard deduction @ 30% of NAV: Rs. 1,23,540
- Interest on housing loan from Punjab National Housing Finance Limited (as per interest certificate): Rs. 2,01,500 (for let-out property, no ceiling on interest deduction)
- House insurance Rs. 11,000 is NOT deductible under Section 24
Income from House Property = Rs. 4,11,800 − Rs. 1,23,540 − Rs. 2,01,500 = Rs. 86,760
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C. Capital Gains – Long-Term Capital Gain under Section 112A
5,800 listed equity shares (STT paid) acquired August 2016 (pre-31.01.2018), sold 31 March 2021. Holding period > 12 months → Long-Term Capital Asset.
Under Section 112A read with Section 55(2)(ac) of the Income Tax Act 1961 (grandfathering provisions):
Deemed Cost of Acquisition = Higher of:
- (a) Actual cost = Rs. 1,21,800
- (b) Lower of: (i) FMV on 31.01.2018 = Rs. 75 × 5,800 = Rs. 4,35,000; (ii) Sale consideration = Rs. 5,95,000 → Lower = Rs. 4,35,000
Higher of (a) Rs. 1,21,800 and (b) Rs. 4,35,000 = Rs. 4,35,000
Note: FMV on 1.4.2018 and CII figures are not applicable to LTCG under Section 112A (indexation not available).
LTCG = Rs. 5,95,000 − Rs. 4,35,000 = Rs. 1,60,000
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D. Speculative Income – Set-off
Under Section 73 of the Income Tax Act 1961, speculative loss can be set off only against speculative profit.
- Share speculation profit: Rs. 1,20,000
- Commodity speculation loss: Rs. 1,80,000
- Net speculative loss: Rs. 60,000 → Cannot be set off against any other head
Speculative income included in GTI = NIL (Net loss of Rs. 60,000 to be carried forward for 4 AYs)
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E. Income from Other Sources
Gifts from four friends = Rs. 21,000 × 4 = Rs. 84,000. Friends are not 'relatives' as defined. Under Section 56(2)(x) of the Income Tax Act 1961, since aggregate exceeds Rs. 50,000, the entire amount is taxable.
Income from Other Sources = Rs. 84,000
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Gross Total Income (GTI) = Rs. 6,76,100 + Rs. 86,760 + Rs. 1,60,000 + Rs. 84,000 = Rs. 9,06,860
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Deductions under Chapter VI-A
Section 80C: LIP Rs. 49,000 (premium ≤ 10% of sum assured Rs. 5,00,000 → eligible) + PPF Rs. 1,50,000 + Principal repayment of housing loan Rs. 1,80,000 = Rs. 3,79,000. Maximum limit = Rs. 1,50,000
Section 80G (PM Cares Fund – 100% deduction, no qualifying limit, paid by bank draft – eligible): Rs. 1,21,000
Section 80GGC (Donation to registered political party by cheque – 100% deduction, no ceiling for individuals): Rs. 3,50,000
Total Deductions = Rs. 6,21,000
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Total Income = Rs. 9,06,860 − Rs. 6,21,000 = Rs. 2,85,860
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Tax Computation (Old Regime, Section 115BAC not opted)
Basic exemption for age 58 (below 60): Rs. 2,50,000
Regular income (Total Income − LTCG) = Rs. 2,85,860 − Rs. 1,60,000 = Rs. 1,25,860 → Below basic exemption → Tax = NIL
Unutilized basic exemption = Rs. 2,50,000 − Rs. 1,25,860 = Rs. 1,24,140 → Adjusted against LTCG
Effective LTCG for Section 112A = Rs. 1,60,000 − Rs. 1,24,140 = Rs. 35,860
Since Rs. 35,860 < Rs. 1,00,000 (the Section 112A exemption threshold), no tax on LTCG.
Total Tax Payable = NIL
Note: Speculation loss of Rs. 60,000 is to be carried forward for 4 assessment years.
Write it like this
1The skeleton
- Start with a 5-head table shell before any numbers — write the head names + section references (PGBP u/s 28, HP u/s 22, CG u/s 112A, Spec u/s 73, OS u/s 56(2)(x)) upfront so the examiner sees your structure in the first 10 seconds and awards presentation marks.
- In PGBP, tackle depreciation as a sub-table — motor car (Jan 2021, <180 days → 15%×50%=7.5%, 2/3 official), computer (Nov 2020, <180 days → 40%×50%=20%, full), books (annual publications → 100% u/s 32) and clearly note interest on car loan = NIL because cash system + not paid; this sub-table is where 3-4 marks hide.
- Write the Section 112A grandfathering formula explicitly — state 'deemed cost = higher of (a) actual cost Rs. 1,21,800 and (b) lower of FMV on 31.01.2018 Rs. 4,35,000 and sale consideration Rs. 5,95,000' in exactly two steps; then add a one-line note that indexation is NOT available and FMV on 1.4.2018 is irrelevant — examiners reward you for knowing what NOT to use.
- Speculative set-off: show it as a two-line working, not a footnote — share speculation profit Rs. 1,20,000 set off against commodity speculation loss Rs. 1,80,000 = net loss Rs. 60,000; invoke Section 73 by name; state 'to be carried forward for 4 AYs'; GTI contribution = NIL — this sequence is the scoring unit, don't collapse it.
- In tax computation, explicitly show the basic exemption exhaustion logic — regular income Rs. 1,25,860 < basic exemption Rs. 2,50,000 → unutilized Rs. 1,24,140 is set off against LTCG → effective LTCG Rs. 35,860 < Rs. 1,00,000 Section 112A threshold → tax NIL; without this working shown step-by-step, you lose 2 marks even if the final answer is zero.
- Close with a deductions workings note for 80C — list all three components (LIP Rs. 49,000, PPF Rs. 1,50,000, principal Rs. 1,80,000 = Rs. 3,79,000) then cap at Rs. 1,50,000 on a separate line; treat 80G and 80GGC as separate line items; this prevents the examiner thinking you simply guessed the 80C cap.
2Examiner-rewarded phrases
3Common trap
The single biggest mark-killer here is applying CII indexation to the Section 112A capital gain — indexation is explicitly NOT available under 112A, and FMV on 1.4.2018 is a red herring planted to trap you. If you index the cost or use the April 2018 FMV, you'll get a wrong deemed cost AND lose the note mark for grandfathering — that's an easy 2 marks gone on a question where the final tax is NIL anyway.