1.

Mr. Rajinder Nath is running business of spices from last 20 years in New Delhi. Till now, his Income from business was not so high that he was required to appoint/ take the help of a Chartered Accountant/Tax Consultant. His accountant was maintaining books of accounts and taking care of matters related to account as well as Tax. His business is now boosting up and he has started earning good profits, but due to sudden demise of his accountant, now Mr. Rajinder Nath had to look into these matters. Since he was not aware of aware of tax related matters, so he approached his friend Rajan for help, who advised him to take the guiadance of a professional for handling these matters. During meeting with the Chartered Accountant Rahul, they had a discussion about abolition of old Indirect Taxes and Introduction of Goods & Service Tax. Mr. Rajinder Nath was of the view that old taxation system was far better. However, Chartered Accountant Rahul was having different view. He told him about the benefits of Introducing Goods & Service Tax to the Government as well as Traders & Manufacturers. .During discussion, he also guided him about Tax levy system under new GST, Tax Credit for Alternate Minimum Tax ,Advance Payment of Tax and Powers of Assessing officer, in case on Non-payment of Advance Tax..Mr. Rajinder Nath was quite satisfied with the discussion, Since handling GST related matters was altogether new for him, so he decided to take the help of professional. He requested the Chartered Accountant to take care of his Tax related matters on monthly retainership basis, to which C.A Rahul agreed. Mr. Rajinder Nath is quite relaxed now and he is also trying to update himself on regular basis regarding new GST provisions.a) Explain the provisions related to Tax credit for Alternate Minimum Tax?b) Explain the Role of Assessing Officer in Relation to Advance Payment of Tax?c) Briefly explain the two advantages of introducing Goods & Service Tax (GST) for each (i) For Government & Economy (ii) For Traders and manufacturers?

Answer»

(a) Section 115JD provides the credit for tax (tax credit) paid by a person on account of Alternate Minimum Tax shall be allowed to the extent of the excess of the AMT paid over the regular income tax. This tax credit shall be allowed to be carried forward up to the tenth assessment year immediately succeeding the assessment year for which such credit becomes allowable. It shall be allowed to be set off for an assessment year in which the regular income tax exceeds the AMT to the extent of the excess of the regular income tax over the AMT. No interest shall be payable on tax credit allowed under section 115JD. With a view to enable an assessee who has paid AMT in any earlier previous year to claim credit of the same, in any subsequent year, section 115JEE (3) provides that the credit for tax paid under section 115JC shall be allowed in accordance with the provisions of section 115JD, notwithstanding the conditions mentioned in section 115JEE (1) or (2)

(b) 1. An Assessing Officer (AO) can order payment of advance tax if following conditions are satisfied: 

a) The assessee has already been assessed by way of regular assessment in respect of total income of any previous year. 

b) The assessee has failed to pay such tax. 

c) The AO is of the opinion that such person is liable to pay advance tax on current year’s income. 

d) The order should be in writing and must specify the amount of advance tax and installments in which advance tax has to be paid. 

e) Such order may be passed during the previous year but not later than last day of February. 

2. The assessee can pay advance tax at a rate lower than assessment made by the AO, after submitting his own estimate of income in Form No. 28A. However, for higher estimate made by the assessee, Form 28A is not required to be furnished. 

3. The AO will find out the current income of the assessee on the following basis: 

a) Total income of the latest previous year in respect of which the assessee has been assessed by way of regular assessment. 

b) The total income returned by the assessee for any previous year subsequent to the previous year for which regular assessment is made, whichever is higher. 

4. Section 210(4) provides that AO can revise his order issued to the taxpayer to pay advance tax ,if subsequent to the passing of an order to pay advance tax, but before 1st March of the relevant financial year, 

(i) a return of income in respect of any later year has been furnished by the taxpayer or 

(ii) any assessment for any later year has been completed, at a higher figure. On receipt of such order, the same procedure has to be followed by the taxpayer .

(c) 

i) For Government & Economy:

1. Effective Administration of Taxation: GST will simplify and harmonise the indirect tax regime in the country.

2. Broaden Tax Base :GST will broaden the tax base, and result in better tax compliance due to a robust IT and online infrastructure, seamless transfer of input tax credit from one stage to another in the entire supply chain of value addition and decline in number of tax on goods and services.

ii) For Traders and manufacturers :

1. Uniformity of Tax Rates and Structures: GST will ensure that indirect tax rates and structures are common across the country, thereby increasing certainty and ease of doing business. 

2. Removal of Cascading: A system of seamless tax-credits throughout the entire supply chain, and across boundaries of States, would ensure that there is no cascading of taxes. This would reduce hidden costs of doing business.



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