6A. Spring 2017
6A. Spring 2017
Suggested Answer
Certificate in Accounting and Finance – Spring 2017
Ans.2 (a) A person who holds an asset shall be treated as having made a disposal of the asset at
the time the person parts with the ownership of the asset, including when the asset is:
The application of a business asset to personal use shall be treated as a disposal of the
asset by the owner of the asset at the time the asset is so applied.
(b) (i) Since Saleha inherited paintings from her father, the fair market value of the
painting on the date of its acquisition/transfer would be treated to be its cost.
Hence, cost of the painting would be Rs. 1,550,000. and there is a loss of Rs.
300,000. But, according to the ITO-2001, no loss can be recognized on disposal
of painting.
(ii) The cost of the Jewellery would be Rs. 1,300,000 i.e. the value thereof at the
time of gift. Therefore, the gain of Rs. 1,000,000 should be recognized.
However, as the holding period of Jewellery is more than one year, the taxable
gain will be restricted to 75% i.e. Rs. 750,000
(iii) The car sold by Saleha was being used by her for business purposes and
therefore depreciation was also being charged on it. However, depreciable
assets are specifically excluded from the definition of capital assets. Therefore,
no capital gain or loss would arise on the disposal of car.
(iv) No capital gain/loss will arise as any movable property held for personal use
by the person is excluded from the definition of capital assets.
(b) The amount of Rs. 5 million forfeited by Najam in accordance with the terms of
the agreement for the sale of his house to Zameer is to be treated as rent
received.
Since the disposal was made after holding the house for more than three years
as it was acquired in 2012, therefore no tax is payable under the law.
Ans.4 (a) The duty of the National Finance Commission is to make recommendations to the
President as to:
(i) the distribution between the Federation and the Provinces of the net proceeds
of the taxes;
(ii) the making of grants-in-aid by the Federal Government to the Provincial
Governments;
(iii) the exercise by the Federal Government and the Provincial Governments of
the borrowing powers conferred by the Constitution; and
(iv) any other matter relating to finance referred to the Commission by the
President.
(b) Following taxes may be raised under the authority of the Parliament:
(i) taxes on income, including corporation tax, but not including taxes on income
consisting of remuneration paid out of the Federal Consolidated Fund;
(ii) taxes on the sales and purchases of goods imported, exported, produced,
manufactured or consumed;
(iii) export duties on cotton, and such other export duties as may be specified by
the President;
(iv) such excise duties as may be specified by the President; and
(v) such other taxes as may be specified by the President.
Powers of the Provinces to legislate on taxes
Following taxes are covered in the scope of legislation of Provinces:
(b) (i) The Commissioner may, by notice in writing, require the following persons or
their representatives to furnish a return of income for a period of less than
twelve months:
a person who has died;
a person who has become bankrupt or gone into liquidation;
a person who is about to leave Pakistan permanently;
where the Commissioner otherwise considers it appropriate to require such
a return to be furnished.
(ii) If a person fails to furnish the return as required in (i) above then the
Commissioner may, based on any available information or material and to the
best of his judgment, make a provisional assessment of the taxable income of
the person and issue a provisional assessment order specifying the taxable
PRINCIPLES OF TAXATION
Suggested Answer
Certificate in Accounting and Finance – Spring 2017
The provisional assessment order is treated as the final assessment order after
the expiry of forty five days from the date of service of order of provisional
assessment.
Inflows
Income from business 2,540,000
Agriculture income – Exempt 2,500,000
Capital gain [(350,000 – 50,000 – 37,500)] 262,500
5,302,500
Outflows
Gift to brothers – Listed company shares and shares sold 100,000
Personal expenses 2,075,000
2,175,000
Net increase in wealth 3,127,500
Ans.8 (a) (i) A registered person shall not be entitled to reclaim or deduct input tax paid on:
the goods or services used or to be used for any purposes other than for
taxable supplies made or to be made by him;
the goods on which extra amount of tax is payable under sub-section (5) of
section 3;
any other goods or services which the Federal Government may by a
notification in the official Gazette specify;
the goods or services in respect of which sales tax has not been deposited
in the Government treasury by the respective supplier;
goods which are destroyed with the permission of the collector of sales tax
purchase from suppliers who are black listed by the Commissioner
if the payment in case of a transaction on credit is not transferred within
180 days of issue of the tax invoice
if payment is not made for the supplies in the business bank account of the
supplier
fake invoices;
purchases made by a registered person in case he fails to provide
information relating to his imports, purchases, sales etc. as required by the
Board.
purchases in respect of which a discrepancy is indicated by CREST or
input tax of which is not verifiable in the supply chain;
goods and services not related to the taxable supplies made by the
PRINCIPLES OF TAXATION
Suggested Answer
Certificate in Accounting and Finance – Spring 2017
registered person;
goods and services acquired for personal or non-business consumption;
vehicles falling in Chapter 87 of the First Schedule to the Customs Act,
1969.
services in respect of which input tax adjustment is barred under the
respective provincial sales tax law;
import or purchase of agricultural machinery or equipment subject to sales
tax at the rate of 7% under Eighth Schedule to this Act; and
from the date to be notified by the Board, such goods and services which,
at the time of filing of return by the buyer, have not been declared by the
supplier in his return or he has not paid amount of tax due as indicated in
his return.
the goods which are subject to extra tax in addition to normal tax payable
at 17%.
gifts and giveaways.
The Commissioner may de-register a person if that person fails to file tax return
for six continuous months.
(b) Time limitation of 180 days shall not apply in the given case as it is applicable only
in the case of decrease in output tax and increase in input tax. The above increase of
output tax may be declared without any time limitations.
Since Abid Limited has already accounted for the output tax in the sales tax return
for the supplies, it can issue a debit note in the month of February 2017 when the
error was detected, and increase the amount of output tax in the return for February
2017 by Rs. 20,000.
(THE END)