Mukund Industries Ltd. (MIL), is a big corporate house, with presence in several industries and businesses, subsidiaries and sister concerns. As the Company Secretary, you are also a key person in the Group's taxation ma
CS Professional · Direct Tax Law & Practice · PYQS · June 2019
Mukund Industries Ltd. (MIL), is a big corporate house, with presence in several industries and businesses, subsidiaries and sister concerns. As the Company Secretary, you are also a key person in the Group's taxation matters, including international taxation. MIL holds a think tank meeting in the month of April, 2019 to arrive at a preliminary idea of its income-tax liability for the previous year 2018-19. Abhinav Pvt. Ltd.'s activities: Abhinav Pvt. Ltd. (APL) is one of the group companies, having a small presence in the overseas market also. It has agricultural lands in country L with which India does not have a DTAA. The global turnover of APL during this year was ₹210 crores. During the last 7 years, the company has been showing an increase of around 6% in its turnover, as compared to the earlier year. During the PY 2018-19, APL derived business income of ₹140 lakh from its Indian operations, but made a loss of ₹10 lakh from its core business operations in country L. From its agricultural operations in country L, APL made net surplus of ₹22 lakh. In country L, the income earned from other sources was ₹8 lakh. In country L, tax paid is ₹5.4 lakh. Agricultural income is taxed there and business loss can be set off against any other income in the same year. Results of Vaamana & Co.: MIL is a partner in a firm Vaamana & Co. On behalf of MIL, Mr. Vishnu, its director, is a working partner in the said firm. The Taxation Manager furnishes gist of the firm's workings, which are furnished infra. The partnership firm, has earned net profit of ₹79 lakhs, before remuneration to working partners. Only depreciation pertaining to current year has been considered in this. The partnership deed provides for remuneration of ₹40 lakhs to the working partners, and this amount has also been actually paid by the firm. The income from other sources earned by the firm during the PY 2018-19 is ₹76 lakhs. The firm has brought forward business loss of ₹7 lakhs (eligible for set off) and unabsorbed depreciation of ₹6 lakhs, both pertaining to the AY 2018-19. Workings of industrial undertaking owned by RPL: Rajalakshmi Textiles Pvt. Ltd. (RPL) is a subsidiary of MIL. Two industrial undertakings are owned by RPL, units P and Q. Both units are eligible for claiming deduction u/s 80-IA. During the PY 2018-19, unit P made a profit of ₹70 lakhs, while unit Q made a loss of ₹15 lakhs. Gross total income of RPL is ₹590 lakhs. Compute the total income and tax payable by Vaamana & Co., for the assessment year 2019-20, along with the working notes.
Answer & Explanation:
Computation of Total Income and Tax Payable by Vaamana & Co. for the AY 2019-20 Particulars Amount (₹) Net Profit before remuneration to working partners 79,00,000 Less: Unabsorbed depreciation of AY 2018-19 This has to be subtracted while computing book profits as it is governed by section 32 of the Income Tax Act, 1961. (6,00,000) Book Profit as per section 40(b) of the Income Tax Act, 1961 73,00,000 Less: Remuneration to working partners: (40,00,000) A. First 3 lakhs 90% of book profit and 60% of balance = ₹44,70,000 B. Amount Authorized by the deed = ₹40 lakhs A or B whichever is lower Business Income before considering set-off of brought forward business loss 33,00,000 Less: Brought forward Business Loss (7,00,000) Business Income chargeable to tax 26,00,000 Income from other sources 76,00,000 Total Income 1,02,00,000 Tax @ 30% 30,60,000 Surcharge, @ 12% as the total income exceeds ₹1 crore 3,67,200 Total Tax including surcharge 34,27,200 Less: Marginal relief (Note 1) Tax including surcharge cannot exceed Tax on 1 crore + Increase in Income beyond 1 crore = 2,27,200 Tax before Health & Education Cess = 32,00,000 Add: Cess @ 4% = 1,28,000 Total Tax Payable by Vaamana & Co. = 33,28,000 Note: 1 Calculation of Marginal Relief Particular Amount (₹) Taxable Income 1,02,00,000 (A) Tax on Total Income of ₹1,02,00,000 @ 30% 30,60,000 Add: Surcharge @ 12% 3,67,200 Total Tax including surcharge 34,27,200 (B) Tax on Total Income of ₹1,00,00,000 30,00,000 (C) Excess Tax liability A-B 4,27,200 (D) Increase in Income beyond 1 crore 2,00,000 (E) Marginal Relief (D-E) 2,27,200
Topics: Taxation of Firms
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