Attention Please ! Here is a tension !

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No one replied to the following questions when i posted this query 2days back but there were around 200+ Hits to the topic ! Is these simple questions challenging you ? think where you stand when it comes to practical approach, Please answer me anyone, atleast express your opinions as we see in audit reports !

1) An individual assessee has only profits from business of8,00,000 in a F.Y, The assesse spends around 6,50,000 for his personal maintenance out of the above profits only !! viz Food, Cloth and Shelter ( Roti,kapda,makhan) Does this assessee need to pay tax ?


 

 

2) An assesse has Income from other sources4,00,000 and Assessee's father has agriculture income of 20,00,000
does the agriculture income to be clubbed in the hands of assessee ?  would your answer differ if Land is titled in the name of assessee ? Does the title of property plays an role to tax the assessee ?



 

 

3) Assessee found Gold while digging the land worth 20,00,000 ! Does the taxation provisions apply ? does any other state laws applicable to such instances ?



Replies (5)
  1. It does not matter as to how much assessee spends personally... the basic exemption aims at fulfilling these needs.. so if he cannot get food for Rs. 150,000/- its his problem ;-) Entire Rs. 8,00,000 is taxable...
  2. I dont think i understood ur logic... why wud the father's income be clubbed in the hands of the assessee... as far as i understand u, fathers income will remain his income... but of course, if the land belongs to the assessee, then the income also belongs to the assessee...
  3. As far as the treasure question is concerned, I m not sure if the person s actually legally allowed to retain the gold... i m sure thr ll be some provision wherein the gold must be surrendered to ASI or the govt... dont no if thr some law in force, but its my guess... but in case the assessee enjoys the gold by himself, then of course he ll pay the tax on the gold at the rate as on date of obtaining the gold... and i guess it ll be taxable as income from other sources under normal slab rates (as i think that this is not lottery, neither is it a game :D)...

Hope this sorts out most of ur problem... sure someone ll bring in better light into the picture

Dear Robin,


Regarding the 1st question, Rs 800000 is taxable and Rs 650000 is simply drawings. Drawings is not allowed expenditure.

2nd question

1st part - No It should not be clubbed in the hands of the assessee.

2nd Part - Same as part 1

3rd Question

No taxation as it is not an income and neither can be treated as gain.

 

Note: These are just personal opinions please do take advice from experts.

Mr.Narayan is right..

1. Rs. 650,000 is application of income. Certainly he has to file the return of income, showing Rs.800,000 as PGBP

 

2. It is always child's income which is clubbed with parent.... if the minor child was having the agricultural income, then yes, it would have been clubbed with his father..... If the property is in son's name, i dont feel there is a need to treat it as son's income. You can always show that the land was rented by father from the son.... plus mere land does not generate income, the father would be the person producing the income.

 

3. Yes, like Narayanan said, you will have to inform ASI and local cops..... This will be treated as casual income taxable u/s 115BB...

The answer to the question 1 is clarrified very well.....

Q.No 2 and Q.No 3 needs some more clarrity so lets wait...........


CCI Pro

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