With reference to the Income Tax Act, 1961, discuss whether the following acts can be considered as tax evasion, tax avoidance, tax planning, tax management or otherwise for the assessment year 2022-23 : (i) J Ltd. issue

CS Professional · Advanced Tax Laws · PYQS · December 2022
With reference to the Income Tax Act, 1961, discuss whether the following acts can be considered as tax evasion, tax avoidance, tax planning, tax management or otherwise for the assessment year 2022-23 : (i) J Ltd. issued a credit note for ₹ 85,000 for brokerage payable to Amar who is son of Q, managing director of the company. The purpose is to increase total income of Amar from ₹ 1,60,000 to ₹ 2,45,000 and reduce Company's income correspondingly.

Answer & Explanation:

Net effect of transaction is reduction of tax liability of the company by improper means. The company is liable to tax at the flat rate of 30% whereas individual i.e. Mr. Amar would not be liable to pay tax since income does not exceed the basic exemption limit of ₹ 2,50,000. Therefore, the issue of credit note to reduce the liability of company amounts to Tax Evasion.

Topics: Income Tax Act

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