Answers to Ca PCC May 2010 Taxation Paper

Nitesh Bhandari (Ca Finalist Articled Trainee)   (93 Points)

15 May 2010  

1.

I)  Scope of total income for Non residents

  - Only income accrued or deemed to accrue or arise in india as per sec 9 and income received or deemed to receive in india u/s. 9 are included for computing taxable income for a non resident u/s. 5 (2)

note : receipt here refers to first receipt only...

II) Generally salary is deemed to accrue in the place of service however an important exception is a person employed by government of india working elsewhere. He will be chargeable to tax in india w.r.t to his salary. However his perquisites will be exempted u/s. 10 (7)

 

III) Since The coffee is only cured and not grounded and roasted it will be apportioned as agricultural income and business income in the ratio of 75 : 25 as per rule 7.

 

IV) One year is the time limit and the AO has to respond in writing either by refusing or granting exemption within 6 months from the end of the month in which such application was made.

V) LLP will be taxable in the same manner as LLPs also no CG will be attracted for conversion from firm to LLP.

the definition of Firm and partners were also amended to include LLP and its members respectively by the finance act 2009 (2).