M/s Guru Transport Co., a partnership firm is engaged in the business of playing, hiring and leasing of goods carriage owning 8 vehicles. The firm furnishes the following information for the previous year ending on 31.03
CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · PYQS · June 2024
M/s Guru Transport Co., a partnership firm is engaged in the business of playing, hiring and leasing of goods carriage owning 8 vehicles. The firm furnishes the following information for the previous year ending on 31.03.20024: Receipts from 6 Vehicles (Capacity 18MT) bought for ₹ 15 Lakh each in April, 2023 ₹ 50,50,000 Receipts from 4 Vehicles (Capacity 10MT) bought for ₹ 5 Lakh each in October, 2023 ₹ 20,50,000 Expenses incurred: Diesel ₹ 8,24,000 Drivers Salary ₹ 12,00,000 Repair & Maintenance ₹ 4,22,000 Interest to partners @ 12% ₹ 40,000 Salary to Partners ₹ 3,50,000 From the above information, compute the taxable income of the firm for the A. Y. 2024-25 as per the section 44AE and as per normal provision (ignore new tax regime) and find out which option will be better in terms of tax saving? Assume depreciation on vehicles as allowed under income tax is @ 30%.
Answer & Explanation:
Option 1: Computation of Income for the Assessment Year 2024-25 as per section 44AE of the Income Tax Act, 1961 Particulars Amount (₹) 6 Vehicles (6 vehicle *18MT*₹ 1000 per ton * 12 month) Considered heavy goods vehicle > 12 MT) 12,96,000 4 Vehicles (4 vehicle * ₹ 7500 per month * 6 month) Considered other than heavy goods vehicle < 12 MT) 1,80,000 Total Income 14,76,000 Less: Interest to partners @12% (40,000) Salary to Partners (maximum allowed u/s 40(b) (v) (3,50,000) Presumptive Income 44AE (14,76,000-3,90,000) 10,86,000 Option 2: Computation of Income for the Assessment Year 2024-25 as per income tax normal provision Particulars Amount (₹) Total Receipts from 10 Vehicles (50,50,000+20,50,000) 71,00,000 Less: Expenses Allowed: Diesel 8,24,000 Driver Salary 12,00,000 Repair & Maintenance 4,22,000 Depreciation (15 Lakh * 6 * 30%) + (5 Lakhs * 4 * 15%) 30,00,000 Interest to partners @12% 40,000 Book Profit as per section 40(b) (v) 16,14,000 Salary to Partners (maximum allowed u/s 40(b)(v) -(150000 or 90% of 3,00,000 as higher = 2,70,000 -60% of (16,14,000 - 3,00,000) = 7,88,400 (270000+788400 = 1058400) Or Actual Salary i.e. 3,50,000 whichever is lower is allowed (3,50,000) Net Profit 12,64,000 Conclusion: Since Presumptive Income ₹ 10,86,000 is lower as compared to the Net Profit ₹ 12,64,000 so it would be preferable to opt to pay tax under presumptive income. Note: Since 44AE is a deemed income provision, the firm can choose to declare lower income, even if its net profit is higher than the presumptive income.
Topics: Corporate Tax Planning
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