May 2024 RTP
May 2024 RTP
GROUP – I
BOARD OF STUDIES
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
(Set up by an Act of Parliament)
New Delhi
Website : www.icai.org
E-mail : bosnoida@icai.in
Price :
ISBN No. :
Printed by :
Paper-wise RTPs
Paper 1: Advanced Accounting ........................................................................... 1 – 31
Paper 2: Corporate and Other Laws ................................................................32 – 56
y First impression is the last impression. The question which you can
answer in the best manner should be attempted first.
y Always attempt to do all questions. Therefore, it is important that
you must finish each question within allocated time. Keep
sometime for checking the answers as well.
y Read the question carefully more than once before starting the
answer to understand very clearly as to what is required.
y Answer all parts of a question one after the other; do not answer
different parts of the same question at different places.
y Write in a neat and legible hand-writing.
y Always be concise and write to the point and do not try to fill
pages unnecessarily.
y There must be logical expression of the answer.
y In case a question is not clear, you may state your assumptions
and then answer the question.
y Check your answers carefully and underline important points
before leaving the examination hall.
y In case of case scenario based MCQs, read the facts given in the
case attentively. Also, read each MCQ based thereon and all the
options carefully, before choosing the correct answer.
The June, 2023 edition of the Study Material, comprising of two modules
(Modules 1 & 2), is based on the provisions of income-tax law, as
amended by the Finance Act, 2023 and significant notifications and
circulars issued upto 30.04.2023. Hence, the same is applicable for
May, 2024 Examination. Further, a list of topic-wise exclusions from the
syllabus and inclusions with reference to section 10 in the syllabus has
been specified by way of “Study Guidelines” and the same has been
webhosted at https://resource.cdn.icai.org/76864bos61928.pdf at BoS
Knowledge Portal.
The above referred study material has to be read along with Statutory
Update for May, 2024 Examination webhosted at
https://resource.cdn.icai.org/77982bos62599.pdf at BoS Knowledge
Portal, which contains the significant notifications/circulars issued between
01.05.2023 and 31.10.2023, which are also relevant for May, 2024
Examination.
You have to read the Study Material thoroughly to attain conceptual
clarity. Tables, diagrams and flow charts have been extensively used to
facilitate easy understanding of concepts. The amendments made by the
Finance Act, 2023 and latest notifications and circulars have been given
in italics/bold italics. Examples and Illustrations given in the Study
Material would help you understand the application of concepts. Work
out the exercise questions at the end of each chapter and then, compare
your answers with the answers given to test your level of understanding.
Thereafter, solve the MCQs and case scenarios based MCQs uploaded in
MCQ Paper Practice Dashboard and assess your level of understanding.
Finally, solve the questions given in this RTP independently and compare
the same with the answers given to assess your level of preparedness for
the examination.
Section B: Goods and Service Tax (50 Marks)
For Section B: Goods and Services Tax of Paper 3: Taxation, the provisions
of the CGST Act, 2017 and the IGST Act, 2017 as amended by the Finance
Act, 2023, including significant notifications and circulars issued and other
legislative amendments made, up to 31st October, 2023, are applicable for
May 2024 examination.
Further, a list of topic-wise exclusions from the syllabus has been specified
by way of “Study Guidelines for May, 2024 Examination”. The same is
given as part of “Applicability of Standards/Guidance Notes/Legislative
Amendments etc. for May, 2024 - Intermediate Examination”
appended at the end of this Revision Test Paper.
The June, 2023 edition of the Study Material alongwith the Statutory
updates for May, 2024 examination is applicable for Intermediate Course
Paper 3: Taxation, Section B: Goods and Services Tax. The Study Material
has been divided into two modules for ease of handling by students.
Study Material is based on the provisions of the CGST Act and IGST Act as
amended upto 30.04.2023. The amendments in the GST law made between
01.05.2023 and 31.10.2023 are covered in the Statutory Updates for
May 2024 examination. For the ease of reference, the amendments have
been grouped into Chapters which correspond with the Chapters of the
Study Material.
You have to read the Study Material alongwith the Statutory Update
thoroughly to attain conceptual clarity. You are advised to solve the
questions given in this RTP independently and compare the same with the
answers given to assess your level of preparedness for the examination.
QUESTIONS
` 24 lakh). At the year end, how much cost of borrowing Gyan Limited
will capitalise?
(a) Interest paid on ` 10 crore i.e. ` 1 crore
(b) Interest paid on ` 6 crore as only this amount was utilized i.e. ` 60
Lakh.
(c) Interest paid less income on temporary investment i.e. ` 76 lakh
(d) Nothing will be capitalized
Part II - Descriptive Questions
Introduction to Accounting Standards
3. What do you mean by Carve outs/ins in Ind AS? Explain
Framework for Preparation and Presentation of Financial Statements
4. Shiva started a business on 1 st April 2022 with ` 15,00,000 represented
by 80,000 units of ` 25 each. During the financial year ending on
31st March, 2023, he sold the entire stock for ` 35 each. In order to
maintain the capital intact, calculate the maximum amount, which can be
withdrawn by Shiva in the year 2022-23 if Financial Capital is maintained
at historical cost.
Applicability of Accounting Standards
5. Based upon criteria for rating of non-corporate entity, categorize the
following as Level I, Level II and Level IIl Level IV entities for the purpose
of compliance of Accounting Standards in India.
(a) Rama Textiles whose turnover (excluding other income) exceeds
ten crore but does not exceed rupees fifty crore in the immediately
preceding accounting year.
(b) Star Industries is having borrowings (including public deposits) in
excess of rupees two crore but not in excess of rupees ten crore at
any time during the immediately preceding accounting year.
(c) Newman Industries is having borrowings (including public
deposits) less than rupees fifty lakh at any time during the
immediately preceding accounting year.
Particulars `
Retained earning 17,000
Depreciation 4,000
Loss on Sale of Machinery 3,000
Provision for tax 7,000
Interim Dividend paid during the year 10,000
Dividend paid during the year 8,000
Premium payable on redeemable Preference Shares 2,000
Profit on sale of investment 10,000
Refund of tax 1,000
Additional Information:
31. 3. 22 31. 3. 23
` `
Trade Receivable 10,000 12,000
Trade Payable 7,000 15,000
Provision for Tax 4,000 7,000
Prepare Expenses 2,000 1,000
Outstanding Expenses 1,400 1,000
Following are the details of 15% Debentures purchased and sold during
the year 2022-23.
Particulars
On May 1, 2022, 1,000 debentures are purchased cum-interest at
` 1,05,000.
On November 1, 2022, 1200 debentures are sold ex-interest at
` 1,28,200.
On November 30, 2022, 500 debentures are purchased ex-interest at
` 54,500.
On December 31, 2022, 900 debentures are sold cum-interest for
` 1,18,000
The expenditure incurred on the building project was as per detail given
below:
Amount in `
1st May, 2022 12,00,000
st
1 July, 2022 15,00,000
st
1 October, 2022 27,00,000
st
1 March, 2023 7,20,000
On the same day Star Ltd. declared dividend at 20% and as agreed
between both the companies Property, Plant and Equipment were to be
depreciated @ 10% and investment to be taken at market value of
` 90,00,000. Calculate the Goodwill or Capital Reserve to be recorded in
Consolidated Financial Statements.
Preparation of Financial Statements of Companies
18. Aqua ltd. has authorized capital of ` 50 lakhs divided into 5,00,000
equity shares of ` 10 each. Their books show the following ledger
balances as on 31 st March, 2023:
` `
Inventory 1.4.2022 6,65,000 Bank Current Account 20,000
(Dr. balance)
Discounts & Rebates 30,000 Cash in hand 11,000
allowed
Carriage Inwards 57,500
Purchases 12,32,500 Calls in Arrear @ ` 2
per share 10,000
Rate, Taxes and 55,000 Equity share capital 20,00,000
Insurance
(`
`)
Land and Building 21,50,000
Plant & Machinery 15,00,000
Non-current Investment 2,00,000
Trade Receivables 5,50,000
Inventories 1,80,000
On 21st April, 2023 the Company announced the buy back of 15,000 of
its equity shares @ ` 15 per share. For this purpose, it sold all its
investment for ` 2.50 lakhs.
On 25th April, 2023, the company achieved the target of buy back. On
1st May, 2023 the company issued one fully paid up share of ` 10 each
by way of bonus for every eight equity shares held by the equity
shareholders.
You are required to pass necessary Journal Entries for the above
transactions.
Accounting for Reconstruction of companies
20. As a part of the reconstruction scheme of Getting better Ltd, the
following terms were agreed upon-
1. The shareholders to receive in lieu of their present holdings (viz.
10,000 shares of ` 50 each), the following-
(a) 15,000 Fully paid equity shares of ` 10 each;
(b) 12% fully paid preference shares to the extent of 2/5 of total
equity shares;
(c) To pay them ` 50,000 and transfer the remaining to the
reconstruction account.
2. 8% Preference share capital - ` 3,00,000
SUGGESTED ANSWERS/HINTS
Q. No. Hints
1. i. (b)
ii. (d)
iii. (d)
2. (c)
Descriptive Answers
3. Certain changes have been made in Ind AS considering the economic
environment of the country, which is different as compared to the
economic environment presumed to be in existence by IFRS. These
differences are due to differences in economic conditions prevailing in
India. These differences which are in deviation to the accounting
principles and practices stated in IFRS, are commonly known as
‘Carve-outs’. Additional guidance given in Ind AS over and above what
is given in IFRS, is termed as ‘Carve in’.
4.
5. (a) Level III Entity – Rama textiles, whose turnover (excluding other
income) exceeds rupees ten crore but does not exceed rupees fifty
crore in the immediately preceding accounting year.
(b) Level III Entity – Star industries is having borrowings (including
public deposits) in excess of rupees two crore but not in excess of
rupees ten crore at any time during the immediately preceding
accounting year.
(c) Level IV Entity– Newman Industries is having borrowings (including
public deposits) less than rupees fifty lakhs at any time during the
immediately preceding accounting year.
(d) Level I Entity – SS is a financial institutions carrying its business in
India since last 10 years.
(e) Level I Entity – DD finance, Holding company of SS finance (Entity
mentioned in point (d) above).
(f) Level I Entity – Reliable co-operative banks carrying on banking
business since last 15 years.
6. Calculation of Cash Flow from Operating Activities
Particulars Amount `
Retained earnings 17,000
Add: Depreciation 4,000
Add: Loss on sale of Machinery 3,000
Add: Premium Payable on redeemable Preference 2,000
Shares
Add: Dividend paid 8,000
Add: Interim dividend paid during the year 10,000
Add: provision for tax made during the current year 7,000
Less: Refund of tax (1,000)
7. (i) Mr. Bhola will not be considered as a related party of A Ltd. in view of
provisions of AS 18 “Related Party Disclosures” which states,
"individuals owning, directly or indirectly, an interest in the voting
power of the reporting enterprise that gives them control or
significant influence over the enterprise, and relatives of any such
individual are related parties".
In the given case, in the absence of share ownership, Mr. Bhola
would not be considered to exercise significant influence on A
Limited, even though there is an agreement giving him the power
to manage the company. Further, the fact that Mr Bhola does not
have the ability to direct or instruct the board of directors does
not qualify him as a key management personnel.
(ii) According to AS 18 on ‘Related Party Disclosures’, parties are
considered to be related if at any time during the reporting period
one party has the ability to control the other party or exercise
significant influence over the other party in making financial
and/or operating decisions.
Hence, Shri Manoj, a relative of key management personnel should
be identified as related party for disclosure in the financial
statements for the year ended 31.3.2023 as he received
remuneration for his services in the company for the period from
1st April,2022 to 30 th June,2022.
Amount of loan (`
`) Rate of Amount of
interest interest
(`)
30,00,000 14% = 4,20,000
54,00,000 16% = 8,64,000
84,00,000 12,84,000
Weighted average rate of = 15.29%*
12,84,000
interest ቀ84,00,000 × 100ቁ (Rounded off)
Thus present value of minimum lease payments is ` 6.84 lakhs and the
fair value of the machine is ` 30 lakhs. In a finance lease, lease term
should be for the major part of the economic life of the asset even if
title is not transferred. However, in the given case, the effective useful
life of the machine is 14 years while the lease is only for three years.
Therefore, lease agreement is an operating lease. Lease payments under
an operating lease should be recognized as an expense in the statement
of profit and loss on a straight line basis over the lease term unless
another systematic basis is more representative of the time pattern of
the user’s benefit.
12. Naresh Ltd.
Balance Sheet (Extract relating to intangible asset) as on
31st March 2023
Note No. `
Assets
(1) Non-current assets
Intangible assets 1 8,11,200
Notes to Accounts (Extract)
` `
1. Intangible assets
Goodwill (Refer to note 1) 4,51,200
x
In calculating the present value of the of minimum lease payments, the discount rate
is the interest rate implicit in the lease.
` Lakh ` Lakh
Material cost incurred on the contract (net of 21-4 17
closing stock)
Add: Labour cost incurred on the contract 16
(including outstanding amount)
Specified contract cost given 5
Sub-contract cost (advances should not be 7
considered)
Cost incurred (till date) 45
Add: further cost to be incurred 35
Total contract cost 80
certain that the ultimate collection will be made”. In this case, interest
should be recognized only if the ultimate collection is certain and the
company expects to realize interest for the delayed payments for
` 50,000 only. Hence, based on the past experience, the realization of
interest for the delayed payments by the agent is certain only to the
extent of this amount and not ` 60,000. Therefore, the interest income
of ` 50,000 should be recognized in the books for the year ended
31st March, 2023.
Thus total revenue amounting ` 8,90,000 (2,00,000 + 2,40,000 + 4,00,000
+ 50,000) will be recognized for the year ended 31st March, 2023 in the
books of BS Products Ltd.
17. As per para 13 of AS 21 any excess of the cost to the parent of its
investment in a subsidiary over the parent’s portion of equity of the
subsidiary, at the date on which investment in the subsidiary is made,
should be described as goodwill to be recognised as an asset in the
consolidated financial statements. When the cost to the parent of its
investment in a subsidiary is less than the parent’s portion of equity of
the subsidiary, at the date on which investment in the subsidiary is
made, the difference should be treated as a capital reserve in the
consolidated financial statements.
Since dividend is declared by Star Ltd. on the date of acquisition itself, it
would be out of the divisible profits of Star Ltd. existing on the date of
acquisition i.e., pre-acquisition profits from the perspective of Zoom Ltd.
Accordingly, as per para 12 of AS 13, such pre-acquisition dividend
would be reduced from the cost of investment, as seen below in the
determination of Goodwill on the date of acquisition.
Working Note:
Particulars Note (`
`)
No.
I Equity and Liabilities
(1) Shareholders' Funds
(a) Share Capital 1 19,90,000
(b) Reserves and Surplus 2 3,82,000
Particulars Note (`
`)
No.
I Revenue from Operations 36,17,000
II Other Income 8 36,500
III Total Revenue [I + II] 36,53,500
IV Expenses:
Cost of purchases 12,32,500
Changes in Inventories (40,000)
[6,65,000-7,05,000]
Employee Benefits Expenses 9 15,04,000
Depreciation and Amortization 82,500
Expenses
Other Expenses 10 4,24,500
Total Expenses 32,03,500
Notes to Accounts:
1. Share Capital
Authorized Capital
5,00,000 Equity Shares of ` 10 each 50,00,000
Issued Capital
2,00,000 Equity Shares of ` 10 each 20,00,000
Subscribed Capital and fully paid
1,95,000 Equity Shares of `10 each 19,50,000
Subscribed Capital but not fully paid
5,000 Equity Shares of `10 each ` 8 paid 40,000
(Call unpaid `10,000) 19,90,000
4. Short-term Provisions
6. Trade Receivables
8. Other Income
Wages 14,79,000
Add: Outstanding wages 25,000
15,04,000
Working Note:
1
Amount of bonus shares = ቂሺ1,00,000 - 15,000ሻ× 8ቃ ×10
= ` 1,06,250
20. Journal entries in the books of Getting better Co.
(Pg 3.6)
Sub- section (3) and sub- section (4) to section 23 have been inserted through
the Companies (Amendment) Act, 2020. However, the said sub- sections have
been enforced w.e.f. 30 th October, 2023.
II. Chapter 7: Management and Administration
Notification S.O. G.S.R. 801(E) dated 27 th October, 2023
The Central Government has amended the Companies (Management and
Administration) Rules, 2014, through the Companies (Management and
Administration) Second Amendment Rules, 2023.
Amendment:
in Rule 9, after sub-rule (3), the following sub- rules shall be inserted,
namely:-
“(4) Every company shall designate a person who shall be responsible for
furnishing, and extending co-operation for providing, information to the
Registrar or any other authorised officer with respect to beneficial interest in
shares of the company.
(5) For the purpose of sub-rule(4), the company may designate-
(i) a company secretary, if there is a requirement of appointment of such
company secretary under the Act and the rules made thereunder; or
(ii) a key managerial personnel, other than the company secretary; or
(iii) every director, if there is no company secretary or key managerial
personnel.
(6) Until a person is designated as referred under sub-rule (4), the following
persons shall be deemed to have been designated person;
(i) company secretary, if there is a requirement of appointment of such
company secretary under the Act and the rules made thereunder; or
(ii) every Managing Director or Manager, in case a company secretary has not
been appointed; or
QUESTIONS
statements for the period from 2nd January, 2022 to 31st March, 2023 and
conducted its Annual General Meeting on 16th August, 2023.
On 1st July, 2022, the subsidiary company, D Limited incorporated a new
wholly owned subsidiary, F Limited.
Golden Limited prepared its standalone financial statements for the year
2021-22 and presented before the Board of Directors of the company on
25th August, 2022 for their approval and the same were adopted by the
shareholders in the Annual General Meeting held on 2 nd September, 2022.
Golden Limited prepared its standalone and consolidated financial statements
for the year 2022-23 and presented before the Board of Directors of the
company on 20th August, 2023 for their approval and the same were adopted
by the shareholders in the Annual General Meeting held on 26th September,
2023.
On the basis of above facts and by applying applicable provisions of the
Companies Act, 2013 and the applicable Rules therein, choose the correct
answer (one out of four) of the following MCQs given herein under: -
1. What is the last date for conducting AGM for E Limited?
(a) 30th September, 2022
(b) 31st December, 2022
(c) 30th September, 2023
(d) 31st December, 2023
2. What is the due date for conducting AGM for Golden Limited for the
year ended March 31, 2023?
(a) 30th September, 2023
(b) 31st October, 2023
(c) 30th November, 2023
(d) 31st December, 2023
3. The Companies Act, 2013 provides that in addition to standalone
financial statement, the company shall also prepare consolidated
financial statements which shall also be presented at AGM. Accordingly,
Case Scenario 2
Omx Software Private Limited is a private company and having its registered
office in Bangalore and is a wholly owned subsidiary of Omx Software Inc,
situated in USA. Mr. Rajat Kapoor, Mr. Shubham and Mr. Peter are directors of
Omx Software Private Limited. Mr. Rajat and Mr. Shubham are Indian residents
while Mr. Peter is a non-resident and stays in USA. Mr. Peter is also a director
in Omx Software Inc.
Mr. Rajat left India on 2nd November, 2021 for the purpose of looking after the
business of Omx Software Inc. Mr. Rajat came to back to India on
12th February, 2022 to meet his family and left India on 26th February, 2022
and went back to USA to look after the business of Omx Software Inc. Mr.
Rajat again visited India on 25th August, 2022 and stays in India for the whole
year.
Omx Software Private Limited had availed a consultancy service from a
company situated in USA for development of software for the purpose of
rendering service to its customers situated in India.
Mr. Rajat had purchased a residential property in USA on 27th April, 2022
which was self-occupied by him for his residential use.
6. Considering the provisions of the Foreign Exchange Management Act,
1999, which of the following options correctly determines the residential
status of Mr. Rajat Kapoor:
(a) Mr. Rajat Kapoor to be treated as resident in India for Financial
Year (FY) 2022-2023 and FY 2023-2024 since he stays in India for
more than 182 days
(b) Mr. Rajat Kapoor to be treated as non-resident in India for FY
2022-2023 since he left India for the purpose of carrying business
of Omx Software Inc and resident for FY 2023-2024
(c) Mr. Rajat Kapoor to be treated as non-resident for FY 2022-2023
and FY 2023-2024
(d) Mr. Rajat Kapoor to be treated as resident in India for FY 2022-
2023 since he stays in India for more than 182 days and non-
resident for FY 2023-2024
SUGGESTED ANSWERS/HINTS
1. (d)
2. (a)
3. (c)
4. (d)
5. (b)
6. (b)
7. (a)
8. (c)
9. (c)
10. (d)
11. As per section 2(85) of the Companies Act, 2013, small company means
a company, other than a public company:
(i) paid-up share capital of which does not exceed four crore rupees,
and
(ii) turnover of which as per profit and loss account for the
immediately preceding financial year does not exceed forty crore
rupees:
Provided that nothing in this clause shall apply to—
(A) a holding company or a subsidiary company;
(B) a company registered under section 8; or
(C) a company or body corporate governed by any special Act.
In the instant case, as per the last profit and loss account for the year
ending 31st March, 2023 of Laxman Pvt. Ltd., its turnover was to the
extent of ` 1.80 crore, and paid-up share capital was ` 80 lakh. Though
Laxman Pvt. Ltd., as per the turnover and paid-up share capital norms,
qualifies for the status of a ‘small company’ but it cannot be categorized
13. According to the provisions of section 138 of the Companies Act, 2013,
read with Rule 13 of the Companies (Accounts) Rules, 2014, every
private company having—
(A) turnover of 200 crore rupees or more during the preceding
financial year; or
(B) outstanding loans or borrowings from banks or public financial
institutions exceeding 100 crore rupees or more at any point of
time during the preceding financial year.
shall be required to appoint an internal auditor which may be either an
individual or a partnership firm or a body corporate.
Internal Auditor shall either be a Chartered Accountant or a Cost
Accountant, or such other professional as may be decided by the Board
to conduct internal audit of the functions and activities of the company.
The internal auditor may or may not be an employee of the company.
Thus, PQR Private Limited is required to appoint an internal auditor as
the outstanding loans from public financial institutions during the year
have exceeded 100 crore (irrespective of the fact that the outstanding
loan during the year is 75 crore rupees).
Hence, the advice of CEO is not correct.
Internal Auditor may be any professional as decided by the Board and
may be even an employee of the company. Hence, the Board of
Directors may appoint Mr. Nagendra, an ex- employee who is a qualified
Chartered Accountant, as an internal auditor.
14. According to first provision to section 137(1) of the Companies Act,
2013, where the financial statements are not adopted at Annual General
Meeting (AGM) or adjourned AGM, such unadopted financial statements
along with the required documents shall be filed with the Registrar
within thirty days of the date of Annual General Meeting and the
Registrar shall take them in his records as provisional till the financial
statements are filed with him after their adoption in the adjourned
Annual General Meeting for that purpose.
According to second proviso to section 137(1) of the Companies Act,
2013, financial statements adopted in the adjourned AGM shall be filed
with the Registrar within thirty days of the date of such adjourned AGM
with such fees or such additional fees as may be prescribed.
In the instant case, the accounts of Orange Limited were adopted at the
adjourned AGM held on 20th September, 2023 and filing of financial
statements with Registrar was done on 29 th September, 2023 i.e. within
30 days of the date of adjourned AGM. However, Orange Limited has
not filed its unadopted financial statements within 30 days of the date of
the Annual General Meeting held on 17th August, 2023.
Hence, Orange Limited has not complied with the statutory requirement
regarding filing of unadopted accounts with the Registrar, but has
certainly complied with the provisions by filing of adopted accounts
within the due date with the Registrar.
15. (i) As per Rule 2(1)(e) of the Companies (Acceptance of Deposits) Rules,
2014, the term “eligible company” means a public company as
referred to in section 76(1) of the Companies Act, 2013, which is
‘eligible’ to accept deposits from the public at large only if it meets
the below-mentioned criteria. Accordingly:
x It should be a public company.
x It should have net worth of minimum ` 100 crore or a
turnover of minimum ` 500 crore.
x It has obtained the prior consent by means of a special
resolution passed in general meeting.
x The special resolution has been filed with the Registrar of
Companies.
x An ordinary resolution is sufficient if an eligible company is
accepting deposits within the limits specified under section
180 (1) (c).
In the instant case, the turnover of NOP Limited is ` 510 crore,
hence it is eligible to accept deposits from the public.
Tenure for which Deposits can be Accepted: A company is not
permitted to accept or renew deposits (whether secured or
unsecured) which is repayable on demand or in less than six
the creditors of ABC LLP are the creditors of ABC LLP only. Partners of
LLP are not personally liable towards creditors. Thus, Mohit can not
claim his deficiency of ` 3,00,000 from the partners of ABC LLP.
PART II: OTHER LAWS
18. According to section 3(36) of the General Clauses Act 1897, ‘Movable
Property’ shall mean property of every description, except immovable
property. While section 3(26) provides, ‘Immovable Property’ shall
include:
(i) Land,
(ii) Benefits to arise out of land, and
(iii) Things attached to the earth, or
(iv) Permanently fastened to anything attached to the earth.
In the given question, Yogveer Singh has sold mango orchard along with
all the mango trees. In the lights of provisions of the Act, as trees are
benefits arise out of the land and attached to the earth, hence, mango
trees are immovable property.
19. It is the elementary principle that construction of a statute is to be made
of all its parts taken together and not of one part only. The deed must
be read as a whole in order to ascertain the true meaning of its several
clauses, and the words of each clause should be so interpreted as to
bring them into harmony with other provisions – if that interpretation
does no violence to the meaning of which they are naturally susceptible.
And the same approach would apply with equal force with regard to
Acts and Rules passed by the legislature.
One of the safest guides to the construction of sweeping general words
is to examine other words of like import in the same enactment or
instrument to see what limitations must be imposed on them. If we find
that a number of such expressions have to be subjected to limitations
and qualifications and that such limitations and qualifications are of the
same nature, that circumstance forms a strong argument for subjecting
the expression in dispute to a similar limitation and qualification.
Example: If one section of an Act requires ‘notice’ should be given, then
a verbal notice would generally be sufficient. But, if another section
provides that ‘notice’ should be ‘served’ on the person or ‘left’ with him,
or in a particular manner or place, then it would obviously indicate that
a written notice was intended.
20. Under provisions of section 5 of the Foreign Exchange Management Act,
1999 certain Rules have been made for drawal of Foreign Exchange for
Current Account transactions. As per these Rules, Foreign Exchange for
some of the Current Account transactions is prohibited. As regards some
other Current Account transactions, Foreign Exchange can be drawn with
prior permission of the Central Government while in case of some
Current Account transactions, prior permission of Reserve Bank of India
is required.
(i) Remittance out of lottery winnings is prohibited as the same is
included in First Schedule to the Foreign Exchange Management
(Current Account Transactions) Rules, 2000. Hence, Mr. Shivesh
cannot withdraw Foreign Exchange for this purpose.
(ii) Foreign Exchange for meeting expenses of cultural tour can be
withdrawn by any person after obtaining permission from
Government of India, Ministry of Human Resources Development,
(Department of Education and Culture) as prescribed in Second
Schedule to the Foreign Exchange Management (Current Account
Transactions) Rules, 2000. Hence, Mr. Shivesh can withdraw the
Foreign Exchange after obtaining such permission.
In all the cases, where remittance of Foreign Exchange is allowed, either
by general or specific permission, the remitter has to obtain the Foreign
Exchange from an Authorised Person as defined in Section 2(c).
QUESTIONS
Case Scenario
Mr. Akash (aged 47 years) is a CEO of BAC Enterprises (P) Ltd. During the
P.Y.2023-24, he has earned the following income -
- Salary of ` 45 lakhs
- long-term capital gain on sale of listed equity shares (STT paid)
amounting to ` 6,54,000
- dividend of ` 12,00,000 from shares of Indian companies
- interest on saving bank account with SBI of ` 16,000
- interest on fixed deposits with BOB of ` 45,000
Mr. Akash has made the following payments towards medical insurance
premium for health policies taken for his family members:
- Medical premium for his spouse aged 43 years: ` 13,500 (by cheque)
- Medical premium for his mother aged 65 years: ` 26,670 (by cheque)
- Preventive health check-up of ` 5,500 each for his wife and mother in
cash.
Mr. Akash also incurred medical expenses, by credit card, of ` 17,000 for the
treatment of his mother and of ` 27,000 for his father who is 67 years old.
He has multiple life insurance policies. The details of such policies are given
hereunder:
Particulars X Y Z A B
(Term
insurance
policy)
Date of issue 1.4.2017 1.4.2023 1.4.2025 1.4.2024 1.3.2023
Annual premium ` 40,000 ` 3,00,000 ` 2,00,000 ` 2,50,000 ` 80,000
(excluding GST)
GST@18% ` 7,200 ` 54,000 ` 36,000 ` 45,000 14,400
Total premium ` 47,200 ` 3,54,000 ` 2,36,000 ` 2,95,000 ` 94,400
Date of maturity 31.3.2026 31.3.2032 31.3.2034 31.3.2033 28.3.2056
Consideration ` 7,00,000 ` 36,00,000 ` 28,00,000 ` 30,00,000 -
received on
maturity
(including
bonus)
Sum assured ` 5,00,000 ` 33,00,000 ` 25,00,000 ` 27,00,000 ` 2,00,00,000
On the basis of the facts given above, choose the most appropriate answer to
Q.1 to Q.5 below, based on the provisions of the Income-tax Act, 1961 -
1. Which are the life insurance policies in respect of which Mr. Akash would
be eligible for exemption under section 10(10D) in respect of maturity
proceeds? Choose the option most beneficial to Mr. Akash.
(a) X, Y and Z
(b) X and Y
(c) X, Z and A
(d) Y and Z
2. What would be your answer to MCQ 1, if Mr. Akash surrendered LIC A in
A.Y. 2026-27 and claimed exemption under section 10(10D) in respect of
such LIC? This information is only for the purpose of this MCQ.
(a) X, Y and Z
(b) X and Y
(c) X, Z and A
(d) Y and Z
3. What would be the amount of deduction available to Mr. Akash under
Chapter VI-A for the A.Y. 2024-25 if he has exercised the option to shift
out of the default tax regime?
(a) ` 82,170
(b) ` 78,500
(c) ` 2,28,500
(d) ` 2,32,170
4. What is Mr. Akash’s tax liability for A.Y.2024-25 under the default tax
regime under section 115BAC?
(a) ` 16,97,350
(b) ` 16,80,190
(c) ` 18,41,270
(d) ` 18,84,170
5. What is Mr. Akash’s tax liability for A.Y.2024-25 if he has exercised the
option to shift out of the default tax regime?
(a) ` 17,30,470
(b) ` 18,93,720
(c) ` 17,29,210
(d) ` 17,27,500
6. Mr. Anil started business of manufacturing tables in February 2024. He
follows mercantile system of accounting. He purchased wood from
Mr. A, Mr. B and Mr. C. The details of purchases and payment made are
as under:
(d) ` 19,760
9. Ms. Rita, an Indian citizen and an MBA from Howard University, was
employed in AFL LLP of Country A since June, 2016. She came to India
on 15.11.2023 and joined as CEO of Autofit Ltd. Ms. Rita was in India
before she left for overseas education in May, 2012 and was
subsequently employed outside India and never visited India thereafter.
There is no income-tax in Country A. She has earned interest income of
` 2,40,000 (net) in Country A and salary income from AFL LLP of ` 15
lakhs up to the date of her return to India in the financial year 2023-24.
Salary income (computed) of Ms. Rita from Autofit Ltd. up to 31.03.2024
is ` 13,50,000 and she earned dividend of ` 3,00,000 from shares of an
Indian company.
What would be the residential status of Ms. Rita and her total income for
the A.Y. 2024-25?
10. Mr. Raj, a resident in India, owns two house property, one in Delhi and
another in Kanpur. The property in Kanpur is self-occupied by Mr. Raj,
however, the property in Delhi is let out throughout the year. The
particulars of the Delhi house for the P.Y. 2023-24 are as under:
Municipal tax paid by Mr. Raj on 10.6.2023 for Kanpur house is ` 3,500.
Mr. Raj had taken a loan from SBI of ` 35 lakhs@12 p.a. in April, 2021 for
purchase of Delhi house. The stamp duty value of this house was ` 40
lakhs. Mr. Raj purchased a plot in Kanpur in May, 2021 and the
construction of the Kanpur house was began in June, 2021 and was
completed on December, 2022. Mr. Raj took a loan of ` 25,00,000@10%
on 1-7-2021 for the construction of this house. No repayment has been
done so far for both the loans.
During the P.Y. 2023-24, Mr. Raj has earned a salary income of
` 18,00,000. Compute total income of Mr. Raj for the A.Y. 2024-25 under
both tax regimes.
11. Mr. Rajkumar bought a residential house for ` 5 crores in March 2016.
He entered into an agreement for sale of the said residential house with
Ms. Nikita (not a relative) in July 2023 for ` 17 crores. The sale proceeds
were to be paid in the following manner:
(i) 10% through account payee bank draft on the date of agreement.
(ii) 80% on the date of the possession of the property.
(iii) Balance after the completion of the registration of the title of the
property.
Ms. Nikita was handed over the possession of the property on
10.11.2023 and the registration process was completed on 05.02.2024.
She paid the sale proceeds as per the sale agreement.
Value of property for stamp duty in July 2023 was ` 19 crores.
Subsequently, the State stamp valuation authority had revised the values,
hence, the value of property for stamp duty purposes was ` 20 crores on
05.02.2024. Mr. Rajkumar paid 1% as brokerage on sale consideration
received.
Subsequent to sale, he purchased another residential house for ` 13
crores in Mumbai in March 2024.
You are required to compute the capital gains chargeable to tax in the
hands of Mr. Rajkumar for A.Y. 2024-25.
What would be the capital gain, if any, in A.Y. 2025-26 if Mr. Rajkumar
transfers the new residential house in December 2024 for ` 15 crores?
CII: 2015-16: 254; 2023-24: 348
12. Mr. Rajesh is a working partner in M/s Sunflower Associates, a partnership
firm. Mr. Rajesh has contributed ` 15 lakhs as capital in the firm.
Partnership deed authorises payment of interest to partners @ 13% and
also payment of remuneration to partners @20,000 per month. Whole of
the remuneration is allowable as deduction to M/s Sunflower Associates.
Mr. Rajesh has set up a unit in SEZ in May, 2017. The total turnover,
export turnover and net profit for the year ended 31.3.2024 were ` 120
lakhs, ` 45 lakhs and ` 7.5 lakhs respectively. Out of the export turnover
of ` 45 lakhs, only ` 40 lakhs has been received in convertible foreign
exchange by 30.9.2024.
During the P.Y. 2023-24, Mr. Rajesh has commenced a business of
warehousing facility for storage of edible oil. The net profit of this
business as per profit & loss account is ` 7,50,000. The following items
are debited to Profit & Loss Account:
(i) Personal drawings ` 70,000
(ii) Advance income-tax paid ` 1,00,000
(iii) Purchase of warehouse building of ` 10 lakhs on 10.6.2023 for the
purpose of storage of edible oil.
The following items are credited to Profit & Loss account:
(i) Interest on saving bank account with post office ` 15,000
(ii) Interest on fixed deposit with SBI ` 20,000
(iii) Dividend from Indian companies (Gross) ` 32,000
He has paid the premium of ` 60,000 on life insurance policy in the
name of her married daughter. The policy was taken on 1.10.2018 and
the sum assured being ` 5,00,000.
Compute the total income and tax payable by Mr. Rajesh for the
A.Y. 2024-25 under default tax regime and normal provisions of the Act.
13. Mr. Rahul, an Indian citizen residing in Mumbai, files his return of
income every year on time. He has Aadhaar number as well. He has not
intimated his Aadhaar number to the prescribed authority till August
2023. He approached you on 1.9.2023 and asked you the consequences
for not doing so and the effective date form which those consequences
would become effective?
What would be your answer if Mr. Rahul wants to intimate his Aadhaar
number to the prescribed authority now?
SUGGESTED ANSWERS/HINTS
9. Determination of residential status of Ms. Rita for the A.Y. 2024 -25
As per section 6(1), in order to be a resident of India in the P.Y.2023-24,
Ms. Rita should satisfy either of the following two conditions -
(1) Her stay in India should be for a period of 182 days or more in the
P.Y.2023-24; or
(2) Her stay in India should be for a period of 60 days or more in the
P.Y.2023-24 and for a period of 365 days or more in the four
immediately preceding previous years.
Ms. Rita’s stay in India in the P.Y.2023-24 is 138 days (i.e., 16 days + 31
days +31 days + 29 days + 31 days). She left India in May, 2012 and
never visited India thereafter. Her stay in India in the four immediately
preceding previous years would be Nil.
Therefore, she does not satisfy either condition (1) or condition (2) for
being a resident.
As per section 6(1A), an individual who is a citizen of India would be
deemed to be a resident of India if his total income, other than income
from foreign sources, exceed ` 15 lakh during the relevant previous year
and he is not liable to tax in any other country by reason of his domicile
or residence or any other criteria of similar nature.
Ms. Rita’s total income, other than income from foreign sources, would
be ` 16,50,000 for A.Y.2024-25 as shown below -
Particulars `
Since Ms. Rita is a citizen of India who is not liable to pay income-tax in
Country A and her total income, other than income from foreign
sources, exceed ` 15 lakhs, she would be deemed resident in India under
section 6(1A) for A.Y.2024-25. A deemed resident is, by default, a
resident but not ordinarily resident.
In case of a resident but not ordinarily resident, income accrues or
arises, deemed to accrue or arise and received or deemed to be received
in India, is taxable. In addition, Income which accrues or arises outside
India would also be taxable if it is derived from a business controlled in
or a profession set up in India.
Ms. Rita’s total income for A.Y. 2024-25
Particulars `
10. Computation of total income of Mr. Raj for A.Y. 2024-25 under
default tax regime
Particulars ` `
I. Salaries
Gross salary 18,00,000
Less: Standard deduction under section 50,000 17,50,000
16(ia)
II. Income from house property
Rented property at Delhi
Step I - Computation of Expected Rent
Expected Rent = Higher of Municipal 1,72,000
Value of ` 2,05,000 and Fair Rent of
` 1,95,000, but restricted to Standard
Rent of ` 1,72,000
Step II - Actual Rent
Actual rent received or receivable 1,80,000
(` 15,000 x 12)
Step III – Computation of Gross
Annual Value
GAV is the higher of Expected Rent and 1,80,000
Actual rent received/ receivable
Gross Annual Value 1,80,000
Less: Municipal taxes (5% of ` 2,05,000) 10,250
Net Annual value 1,69,750
Less: Deductions under section 24 -
(i) 30% of net annual value 50,925
(ii) Interest on loan (` 35 lakhs x 12%) 4,20,000 (3,01,175)
Self occupied property at Kanpur
Annual value [No deduction for Nil
municipal taxes is allowed in respect of
self-occupied property]
Particulars ` `
I. Salaries
Gross salary 18,00,000
Less: Standard deduction under section 50,000 17,50,000
16(ia)
II. Income from house property
Rented property at Delhi
Step I - Computation of Expected Rent
Expected Rent = Higher of Municipal 1,72,000
Value of ` 2,05,000 and Fair Rent of
` 1,95,000, but restricted to Standard
Rent of ` 1,72,000
Step II - Actual Rent
Actual rent received or receivable 1,80,000
(` 15,000 x 12)
Particulars `
(in crores)
Actual sale consideration ` 17 crores
Value adopted by Stamp Valuation Authority ` 19 crores
[Where the actual sale consideration is less than the
value adopted by the Stamp Valuation Authority for the
purpose of charging stamp duty, and such stamp duty
value exceeds 110% of the actual sale consideration,
then, the value adopted by the Stamp Valuation
Authority shall be taken to be the full value of
consideration as per section 50C.
However, where the date of agreement is different from
the date of registration, stamp duty value on the date
of agreement can be considered provided the whole or
part of the consideration is received by way of account
payee cheque/bank draft or by way of ECS through
bank account or through prescribed electronic modes
on or before the date of agreement.
In this case, since advance of ` 1.7 crores is received by
account payee bank draft, stamp duty value on the date
of agreement can be adopted as the full value of
consideration.
Gross Sale consideration (Stamp duty value on the date 19
of agreement, since it exceeds 110% of the actual
consideration)
Particulars `
(in crores)
Sale consideration 15
Less: Cost of acquisition (-) capital gains exempt in 3
A.Y. 2024-25 (` 13 – ` 10)
Short term capital gains chargeable to tax 2
Since the residential house property was held by
Mr. Rajkumar for not more than 24 months
immediately preceding the date of its transfer]
12. Computation of total income of Mr. Rajesh for the A.Y. 2024-25
under default tax regime under section 115BAC
` `
Particulars ` `
Tax on total income of ` 28,01,500
Upto ` 2,50,000 Nil
Particulars ` `
Since alternate minimum tax payable is less than the regular income-tax
payable, tax payable under normal provisions of the Act is ` 5,79,070.
13. Where a person, who has been allotted PAN and is required to intimate
his Aadhaar number, has failed to intimate the same on or before the
31.3.2022, the PAN of such person shall become inoperative.
QUESTIONS
ABC Ltd. has its manufacturing unit in the State of Rajasthan. Further, it has
ancillary units in the State of Madhya Pradesh and Gujarat and is registered in
each of these States. Moreover, ABC Ltd. owns and operates a hotel in
Udaipur, Rajasthan.
In addition to the aforesaid, ABC Ltd. owns a commercial space which is
rented out to a registered person at the monthly rent of ` 50,000. The
maintenance of the premises is the responsibility of ABC Ltd. In pursuance of
the same, during the month of April, ABC Ltd. incurred certain expenses on
the purchase of maintenance related materials. The said expenses are
recoverable from the tenant alongwith the invoice issued for rent. The rate of
tax applicable on the material used for maintenance was 5%.
During the year, ABC Ltd. agreed to provide the hotel to Mr. X for a business
conference to be held at Udaipur. Mr. X is an unregistered person residing in
Maharashtra.
ABC Ltd. made a supply of machinery in the month of June, details of which
are as follows-
- Basic price of the machinery before TCS under Income Tax Act, 1961–
` 45,000
(b) ` 47,500
(c) ` 48,500
(d) ` 51,000
3. With respect to the hotel accommodation service provided to Mr. X, GST
payable by ABC Ltd. is ____________.
(a) nil, GST on accommodation service is payable by the recipient, Mr.
X, under reverse charge
(b) nil, GST on accommodation services provided to an unregistered
person is exempt from GST
(c) in the nature of CGST and SGST
(d) in the nature of IGST
4. Which of the following options is correct with regard to the availability
of ITC to ABC Ltd. in respect of GST paid on the procurement of goods
meant for the purpose of corporate social responsibility activity?
(a) The amount of ITC related to such procurement of goods is not
available to ABC Ltd.
(b) The amount of ITC related to such procurement of goods is
available to ABC Ltd.
(c) The amount of ITC only to the extent of 50% of amount of such
procurement of goods is available to ABC Ltd.
(d) The amount of ITC shall be available to the registered person to
whom such goods are distributed under CSR activity.
5. Which of the following options is correct with regard to the advice given
by GST officer in respect of auditing of accounts?
(a) There is no requirement of separate audit of the financial
statements from the perspective of GST provisions.
(b) Only reconciliation statement shall be audited by a Chartered
Accountant.
(c) The annual return as well as the reconciliation statement shall be
audited by a Chartered Accountant.
Note:
(i) Rates of CGST, SGST and IGST are 9%, 9% and 18% respectively.
SUGGESTED ANSWERS/HINTS
Question Answer
No.
1. (a) The rate of GST on rent and maintenance material related
recovery shall be 18%.
2. (a) ` 45,000
3. (c) in the nature of CGST and SGST
4. (a) The amount of ITC related to such procurement of goods
is not available to ABC Ltd.
5. (a) There is no requirement of separate audit of financial
statements from the perspective of GST provisions.
Working Notes
1. Computation of total value of taxable supplies made by M/s
Cute & Co. for the month of October, 2023
performance appraisal to a
registered person, shall be the
location of such person. Thus,
place of supply is Kerala and
hence an inter-State
transaction.]
Training and performance 1,00,000 9,000 9,000
appraisal services to Babu
Cones. [Taxable, the place of
supply of services in relation
to training and performance
appraisal to an unregistered
person, shall be the location
where the services are actually
performed. Thus, place of
supply is Bengaluru, hence
Intra-State transaction]
7,49,900 31,500 31,500 54,000
Taxable under Reverse
Charge
Rent paid for residential unit 25,000 2,250 2,250
[Service by way of renting of
residential dwelling to a
registered person is taxable
under reverse charge
mechanism]
Total value of taxable 7,74,900 33,750 33,750 54,000
supplies
2. Computation of ITC that can be availed by M/s Cute & Co. for
the month of October, 2023
7. As per section 12(4) of the CGST Act, 2017, the time of supply of vouchers
exchangeable for goods is-
¾ Date of issue of the voucher, if the supply that it covers is
identifiable at that point, or
¾ Date of redemption of the voucher in other cases.
(i) In the given case, supply can be identified at the time of
purchase of the coupons. Therefore, the time of supply of
the coupons is the date of their issue i.e. 20.06.2023.
(ii) In the given case, supply cannot be identified at the time of
purchase of the coupons. Therefore, the time of supply of
the coupons is the date of their redemption i.e. 18.08.2023.
(iii) Section 12(6) of the CGST Act, 2017 prescribes that time of
supply in case of addition in value on account of interest/
late fee/penalty for delayed payment of consideration for
goods is the date on which the supplier receives such
addition in value. Therefore, time of supply in the given case
is 11.11.2023.
8. (i) Section 12(12) of the IGST Act, 2017 provides that the place of supply
of banking and other financial services, including stock broking
services to any person is the location of the recipient of services in
the records of the supplier of services. However, if the location of
recipient of services is not available in the records of the supplier, the
place of supply is the location of the supplier of services.
The provisions of the Companies Act, 2013 and the Limited Liability Partnership
Act, 2008 along with significant Rules / Notifications / Circulars / Clarification /
Orders issued by the Ministry of Corporate Affairs, and the laws covered under
Part II: Other Laws, as amended by concerned authority, including significant
notifications and circulars issued up to 31.10.2023 are applicable for May 2024
examination.
The Study Material has to be read along with the 'Relevant Legislative
amendments for May 2024 examinations' for the period of 1.5.2023 to
31.10.2023.
Paper 3: Taxation
*Rates specified for computing the tax payable under composition levy are
included in the syllabus.
Note: The syllabus includes select provisions of the CGST Act, 2017 and IGST Act,
2017 and not the entire CGST Act, 2017 and the IGST Act, 2017. The provisions
covered in any topic(s) of the syllabus which are related to or correspond to the
topics not covered in the syllabus shall also be excluded.
In the above table, in respect of the topics of the syllabus specified in column
(2) the related exclusion is given in column (3). Where an exclusion has been
so specified in any topic of the syllabus, the provisions corresponding to such
exclusions, covered in other topic(s) forming part of the syllabus, shall also be
excluded. For example, since provisions relating to ISD are excluded from the
topics “Input tax credit”, the provisions relating to (i) registration of ISD and
(ii) filing of returns by an ISD are also excluded from the topics “Registration”
and “Returns” respectively.
The entire content included in the Study Material and the Statutory Update for
May 2024 examination shall be relevant for the said examination. The
amendments in the GST law made after the issuance of the Study Material - to
the extent covered in the Statutory Update for May 2024 examination alone
shall be relevant for the said examination. Statutory Update has been
webhosted at the following link:
https://resource.cdn.icai.org/77999bos62625.pdf
Though the Statutory Update for May 2024 examination shall provide the
precise scope and coverage of the amendments, for the sake of clarity, it may
be noted that the amendments made in the various provisions of the GST law
for providing relief to the taxpayers of Manipur shall not be applicable for
May 2024 examination.