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11-LA-402-BT_2

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  BT-Nov.2013   1 of 4 PTO   ICM Pakistan   EXTRA ATTEMPT, NOVEMBER 2013 EXAMINATIONS   Wednesday, the 27th November, 2013 BUSINESS TAXATION  –   (LA-402) SEMESTER-4   Time Allowed: 02 Hours 45 Minutes   Maximum Marks: 90 Roll No.: (i) Attempt all questions. (ii) Answers must be neat, relevant and brief. (iii) In marking the question paper, the examiners take into account clarity of exposition, logic of arguments, effective presentation, language and use of clear diagram/ chart, where appropriate. (iv) Read the instructions printed inside the top cover of answer script CAREFULLY before attempting the paper. (v) Use of non-programmable scientific calculators of any model is allowed. (vi) DO NOT write your Name, Reg. No. or Roll No. anywhere inside the answer script. (vii) Question No.1  –   “ Multiple Choice Question ”  printed separately, is an integral part of this question paper. (viii) Question Paper must be returned to invigilator before leaving the examination hall. Marks Q. 2 (a) Define the following terms in the light of Income Tax Ordinance, 2001:   (i) Business 02 (ii) Fee for technical services 03 (b) As per section 79 of the Income Tax Ordinance, 2001 there are certain cases where no gain or loss shall be taken to arise on the disposal of an asset. Identify such cases where no gain or loss to be recognized on the disposal of an asset.   06 (c) Mr. Wasim has recently joined M/s. Wilson Pharma Limited (WPL) as an Accountant. The Chief Financial Officer of the company has assigned a task to Mr. Wasim for preparing annual income tax return of WPL for the financial year ended June 30, 2013. While preparing the returns Mr. Wasim is facing problems in identifying admissible and inadmissible expenditures. Required: You being a tax advisor of the company advise him as to which of the following expenditures are admissible/inadmissible and also state the reason in case of inadmissible expenditures:  –   05  \    Q. 3 (a) As per rule 80 of the Income Tax Rules, 2002 an application for a National Tax Number Certificate shall be in the form specified in Part IX of the First Schedule to the Income Tax Rules, 2002 and shall be accompanied by documentary evidence of the applicant ’ s Identity. Required List out the documentary evidence which shall be provided by the following applicants for their identity along with the above mentioned application to the Commissioner having jurisdiction over the applicant: 06 an individual a company (other than a trust) a trust a firm an association of persons(other than a firm) Sr. No. Nature of Payment /Expenditure 1 Electricity bill  –  not paid through cross cheque 2 Provision for post employment benefits 3 Accounting depreciation 4 Finance charges on leased hold asset (not included in lease rental) 5 Lease rentals 6 Payment of expenditure exceeding Rs. 50,000 on which taxes are not withheld  BT-Nov.2013   2 of 4 Marks (b) Mr. Rafiq is a Manager in an autonomous corporation. The employer of Mr. Rafiq has provided him various perks during the tax year. He wants to calculate his tax liability and seeking your advice in respect of the following perquisites and allowances provided by his employer:  –   Required: Being his tax advisor, explain him how the following perquisites shall be included in the calculation of tax liability under the head of salary as per:- !  Section 13 of the Income Tax Ordinance, 2001: (i) The service of driver and gardener provided by the employer. (ii) Domestic bills i.e., water, telephone, electricity and gas are paid by his employer. (iii) The employer has waived a loan of Rs.35, 000 receivable from Mr. Rafiq. !  Rule 5 of the Income Tax Rules, 2002: (iv) Value of conveyance by the employer. 01 01 01 04 (c) As per section 19 of the Income Tax Ordinance, 2001 define “ speculati on business ”  and also discuss businesses which are not included in “ speculation business ” .   05 Q. 4 M/s. Alpha Petroleum Limited (APL) is a renowned public limited company, established in 1980. 70% shares of APL have been acquired by Federal Government and remaining 30% are subscribed by general public. Mr. Habib is one of the officers of APL and is planning to file his annual income tax return first time. For calculation of his income tax liability he has provided you the following particulars of his sources of income pertaining to the year ended June 30, 2013: Rupees Rupees Basic Salary 231,000 Bonus 20,000 Furnished accommodation (annual value) 110,000 Conveyance allowance (per month) 1,650 Medical allowance ( actual expense Rs.18,500) 25,000 Utility expense 26,400 Entertainment allowance 13,200 Property income (including Rs.2,500 per month for rent of furniture & fittings) 132,000 Expenditures claimed against property income: Legal expenses 8,250 Property tax 5,500 Insurance premium 3,300 17,050 Mr. Habib is entitled as per service rules free passage for travel abroad for self and his dependents after every three years. The expenditures incurred during the year in this respect are as under: Air tickets 110,000 Hotel expenses 55,000 Car rental 22,000 187,000 Dividend (zakat deducted Rs. 275 and tax deducted Rs.1,100) 11,000 Leave encashment preparatory to retirement 27,500 Birthday present received through cross-cheque by closed relative 11,000 Insurance money received on maturity of policy 110,000 Expenses on children education (receipts are available) 44,000 Zakat paid 11,000 Tax deducted at source 2,000 Required: You being a Tax Consultant, compute taxable income and tax liability of Mr. Habib for the tax year2013. 20  BT-Nov.2013   3 of 4 PTO   Marks Q. 5 (a) Define the following terms as per section (2) of the Sales Tax Act, 1990:   (i) Sales tax (ii) Supply 03 04 (b) Beta Engineering Limited (BEL) is registered under the Sales Tax Act, 1990. The company is engaged in the manufacturing and supplying of appliances. Following information has been extracted from the records of BEL for the month of June, 2013: Description Rs. in Millions Sale of exempted goods: To the registered person 400 To un-registered person 100 Sale of taxable goods: To the registered person 600 To un-registered person 150 Purchases:  Purchase from registered person 500 Purchase from un-registered person 300 Exports of taxable goods: 275 Imports: Value as per commercial invoice 450 Custom duty 50 Federal excise duty 20 Assessed value -excluding sales tax and duties 430 Required: Determine the sales tax liability of Beta Engineering Limited for the month of June, 2013.   06 Q. 6 (a) (i) Where a registered   person, after filing a sales tax return or retail tax return finds any omission or wrong statement in it, he may file a revised return. Specify the conditions which are required to be fulfilled by a registered person in order to file a revised sales tax return.   03 (ii) What amount of penalty will be recovered from a registered person if he wishes to file revised return along with deposit of the amount of tax short paid and default surcharge, wherever it comes to his notice, before receipt of notice of audit? 01 (b) Mr. Asim is a non-registered person under the Sales Tax Act, 1990. He is engaged in a retail business of consumer goods having a chain of stores. Recently he has extended his business in various areas of city and his value of supplies has exceeded five million rupees during this year. Required: Being a tax advisor advise Mr. Asim to be registered by enumerating the list of persons liable to be registered under the Rule 4 of the Sales Tax Rules, 2006.   06 (c) Mr. Akhtar is a registered person under the Sales Tax Act, 1990. He imports finished ice-creams brands and also manufactures some local brands of ice-creams in Pakistan. Briefly explain taxability and the value of taxable supply to be applicable for imported and locally manufactured ice-cream products in view of the provisions of Section 3 of Sales Tax Act, 1990. 03  BT-Nov.2013   4 of 4 Marks Q. 7 (a) In the light of the provisions of Federal Excise Act, 2005, explain the following: (i) As per section 5(2) of the above Act, identify the goods on which the Federal Board of Revenue may, by notification in the official Gazette, grant drawback of duty paid. 02 (ii) Is the registration compulsory if the annual turnover of any manufacturing company liable to Federal excise duty exceeds Rs. 10 million? Elaborate under section 13(1) of the Federal Excise Act, 2005. 02 (iii) List down the persons liable for the payment of duty in case of closing or discontinuation of any private company or business enterprise where amount of duty cannot be recovered from that company or business enterprise. 02 (b) Under the provisions of the Customs Act, 1969 specify the documents which are used for customs clearance. 04 THE END E XTRACT OF I NCOME T AX R ATES  Sr. No. Taxable Income (Rupees) Rate of Tax 1. 0 to Rs. 400,000 0% 2. Rs. 400,000 to Rs. 750,000 5% of the amount exceeding Rs.400,000. 3. Rs. 750,000 to Rs. 1,500,000 Rs. 17,500 + 10% of the amount exceeding Rs.750,000.
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