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 : (iii) ABC indust

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 : (iii) ABC industries Ltd. installed an air-conditioner costing ₹ 65,000 at the residence of a director as per terms of his appointment but treats it as fitted in quality control section in the factory. This is with the objective to treat it as plant for the purpose of computing depreciation.

Answer & Explanation:

It is a case of tax evasion as the air-conditioner fitted at residential place would be considered as furniture and would be depreciable at 10% whereas the rate of depreciation applicable for plant and machinery fitted at Quality control section in the factory is 15%. The wrong treatment unjustifiably increases the amount of depreciation and consequently, reduces profit unlawfully. Therefore, it is Tax Evasion.

Topics: Income Tax Act

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