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Home/Questions/Page 76

Taxchopal Latest Questions

Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 8, 2021In: Income Tax

is amount received on encashment of earned leave at the time of retirement taxable? is there any exemption available on it?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on July 9, 2021 at 10:04 pm

    Hi, Encashment of leave at the time of retirement is dealt with in Section 10(10AA) of the Income Tax Act. The exemption is available to the Government and other employees in below manner: A. Govt Employees(Central Govt and State Govt) : The amount of leave encashment received by govt employees on rRead more

    Hi,

    Encashment of leave at the time of retirement is dealt with in Section 10(10AA) of the Income Tax Act. The exemption is available to the Government and other employees in below manner:

    A. Govt Employees(Central Govt and State Govt) :

    The amount of leave encashment received by govt employees on retirement is fully exempt from tax. Means no tax liability on encashment of earned leave at the time of retirement.

    B. Other Employees:

    Least of the below is exempted other employees from the amount received towards Leave encashment at the time of retirement (whether on superannuation or otherwise):

    1. Leave encashment actually received
    2. 10 months “average salary”
    3. Cash equivalent of unveiled leave (Maximum 30 days leave X Completed Year of service).
    4. Maximum Amount as specified by the Govt i.e. Rs. 3,00,000

     

    Here we need to remember the following terms:

    1. “Salary” for the above purpose means “Basic + Dearness Allowance” including commission received if any based on a fixed percentage of turnover.
    2. “Average Salary” means the average salary drawn by the employee during the period of 10 months immediately preceding his retirement.
    3. Relief Sec 89: Employees in service can claim relief under section 89 of the Income Tax Act.

    Regards

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 8, 2021In: Income Tax

Is encashment of earned leave during the service taxable ?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on July 9, 2021 at 10:07 pm

    The amount of leave encashment received during the tenure of service with the same employer is fully taxable and no exemption is allowed. It will be treated as party of salary and taxable under the head Income from salary.

    The amount of leave encashment received during the tenure of service with the same employer is fully taxable and no exemption is allowed. It will be treated as party of salary and taxable under the head Income from salary.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 8, 2021In: Income Tax

What is encashment of Leave?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on July 9, 2021 at 10:12 pm

    Companies allow their employees different types of leaves like Casual Levees, Earned Leaves, Medical Leave, Gazetted Holidays, etc. Generally, the employee is allowed to either avail of these leaves or carryforward to next year. Sometimes, the employee is also allowed to encash these unutilized leavRead more

    Companies allow their employees different types of leaves like Casual Levees, Earned Leaves, Medical Leave, Gazetted Holidays, etc. Generally, the employee is allowed to either avail of these leaves or carryforward to next year. Sometimes, the employee is also allowed to encash these unutilized leaves and can earn a salary against them.

    If the employee is given some monetary benefit against his carry forwarded leave then it is called encashment of the leave.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 7, 2021In: Accountancy

What are the differences between debit note and credit note?

  1. CA Vishnu Ram Enlightened
    Added an answer on July 7, 2021 at 11:20 pm

    Both are Accounting terms used in business transactions. Let's discuss the Debit note First. A debit note is issued from a buyer to a seller. Issued when the buyer receives incorrect or damaged goods or services. issued when the buyer cancels the purchase orders. Simply the debit note is issued at tRead more

    Both are Accounting terms used in business transactions.

    Let’s discuss the Debit note First.

    1. A debit note is issued from a buyer to a seller.
    2. Issued when the buyer receives incorrect or damaged goods or services.
    3. issued when the buyer cancels the purchase orders.
    4. Simply the debit note is issued at the time of Purchases Return
    5. When the invoice is overbilled or billed with an Incorrect amount
    6. And for the above reasons, the buyer requests to return funds from the seller.
    7. A debit note is issued before a credit note.
    8. It works as purchases return.

    Example of debit note:

    Ram is the purchaser, and Shyam the seller or supplier. Now see the sequence of events leading to the issuance of a debit note.

    1. Ram purchases goods worth Rs. 1000 from Shyam.
    2. Ram receives the goods and the final invoice but receives some damaged goods.
    3. Ram inform Shyam about the damaged goods and ask for returning the goods as is.
    4. Ram raises a debit note against Shyam, mentioning the original purchase, the value of the damaged goods, and the reason behind the return.
    5. On receipt of the debit note, Shyam issues an appropriate credit note.

    As per section 34(3) of the Goods and Services Tax Act, “Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient a debit note containing such particulars as may be prescribed”.

    Now, Lets understand the Credit Note

    1. A Credit note is issued from a seller to buyer.
    2. Issued when the Seller buyer receives incorrect or damaged goods or services.
    3. issued when the buyer cancels the purchase orders and the amount has already been received, buyer.
    4. Simply the Credit note is issued at the time of Sales Return
    5. When the invoice is incorrect.
    6. When some discount has to be given.
    7. When buyer denied paying some amount of invoice.
    8. And for the above reasons, the buyer requests to return funds from the seller.

    Sec 34 of GST Act defined the credit note as below.

    “Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient a credit note containing such particulars as may be prescribed.”

     

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: June 28, 2021In: Corporate Laws

Can a contractual worker or a Temporary staff is eligible to receive Gratuity amount?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on June 28, 2021 at 11:24 pm

    As per the Gratuity Payment Act, Temporary staff, contract workers, etc., are also eligible for the gratuity amount subject to fulfillment of all other conditions. such as they need to complete a minimum of five years in service. The payment of gratuity Act considers Temporary staff and contract worRead more

    As per the Gratuity Payment Act, Temporary staff, contract workers, etc., are also eligible for the gratuity amount subject to fulfillment of all other conditions. such as they need to complete a minimum of five years in service.

    The payment of gratuity Act considers Temporary staff and contract workers as employees of an organization. but it does not recognize the ‘apprentice’ as an employee hence, the apprentice is not eligible for gratuity.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: June 28, 2021In: Corporate Laws

Can I receive my gratuity before completion of Five year of service?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on June 28, 2021 at 11:28 pm

    Yes, You can receive the gratuity before the completion of five years. in the following condition if an employee works less than five continuous years then also he will be eligible to get the gratuity. (i). If the person has worked for 190 days continuously since the end of the 4th year of his emploRead more

    Yes, You can receive the gratuity before the completion of five years. in the following condition if an employee works less than five continuous years then also he will be eligible to get the gratuity.

    (i). If the person has worked for 190 days continuously since the end of the 4th year of his employment. This is applicable in the case of those who are working in underground mines or working with such organizations which work for less than 6 days a week.

    (ii) In the case of employees working with other organizations, this period is 240 days.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: June 28, 2021In: Corporate Laws

When I can receive the Gratuity?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on June 28, 2021 at 10:52 pm

    As per the Payment of Gratuity Act, Payment of gratuity is allowed only in the following situations: 1.When an employee has completed at least five years in continuous service with that employee and -Resign from the service - On superannuation (means an employee who attains the age of retirement is Read more

    As per the Payment of Gratuity Act, Payment of gratuity is allowed only in the following situations:

    1.When an employee has completed at least five years in continuous service with that employee and

    -Resign from the service

    – On superannuation (means an employee who attains the age of retirement is               said to be in superannuation)

    – At the time of retirement

    2. On death or disablement due to accident or disease (the time limit of 5 years shall not apply in the case of death or disablement of the employee)

    Note: in the following condition if an employee works less than five continuous years then also he will be eligible to get the gratuity.

    (i). If the person has worked for 190 days continuously since the end of the 4th year of his employment. This is applicable in the case of those who are working in underground mines or working with such organizations which work for less than 6 days a week.

    (ii) In the case of employees working with other organizations, this period is 240 days.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: June 28, 2021In: Income Tax

How Income Tax on Gratuity received at the time of retirement is calculated?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on June 28, 2021 at 10:21 pm

    Taxability of Gratuity Gratuity is taxable under the income head “Salary” in the year of receipt. However, an exemption has been provided under section 10(10) of the income tax act. Following is the way of calculation of Exempted amount: Employee Covered under Payment of Gratuity Act:  Amount of GraRead more

    Taxability of Gratuity

    Gratuity is taxable under the income head “Salary” in the year of receipt. However, an exemption has been provided under section 10(10) of the income tax act. Following is the way of calculation of Exempted amount:

    1. Employee Covered under Payment of Gratuity Act:
    •  Amount of Gratuity Actual Received
    • Rs 20 Lakh
    • (Number of year of service (rounded off) X Monthly Salary (Last drawn Basic salary plus DA) X15)/26
    1. Employee not Covered under Payment of Gratuity Act:
    • Amount of Gratuity Actual Received
    • Rs 20 Lakh
    • [Number of year of service (excluding fraction of years) X Last 10 month’s average salary (basic + DA)/2
    1. Gratuity received by a Government Employee:
    • Gratuity received by a Government employee at the time of death or retirement is fully exempt from tax. Here, Government employee includes Center/State Government employees, Employees of local Authorities and universities set up under an act of parliament or state legislature including its affiliated College but not include the employees of a statutory corporation.
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Vikas
VikasBeginner
Asked: June 26, 2021In: Accountancy

What are the golden rules of accounting?

  1. Swati Teacher
    Added an answer on June 30, 2021 at 12:01 am

    Golden Rules of Accounting To understand the Golden Rules of Accounting we must first understand the types of accounts. The account classification applies to all the types of general ledgers. In other words, every account will fall in one of the broad classifications given below. There are three typRead more

    Golden Rules of Accounting

    To understand the Golden Rules of Accounting we must first understand the types of accounts. The account classification applies to all the types of general ledgers. In other words, every account will fall in one of the broad classifications given below.

    There are three types of accounts:

    Real Account

    Personal Account

    Nominal Account

    A Real Account is a general ledger account relating to Assets and Liabilities other than people accounts. These are accounts that don’t close at year-end and are carried forward. An example of a Real Account is a cash Account.

    A Personal account is a General ledger account connected to all persons like individuals, firms and associations. An example of a Personal Account is a Ram’s Account.

    A Nominal account is a General ledger account pertaining to all income, expenses, losses and gains. An example of a Nominal Account is an discount account.

    Golden rules of accounting

    As per the accounts type, the accounting rules have been defined. For each account there is a set of Golden Rules and hence there are three Golden Rules of Accounting. The Golden rules define the treatment of all transactions conducted by the business.

     

    Type of account Golden rules
    Real Account Debit – what comes in to the business

     

    Credit – what goes out from the business

    Personal account Debit – the receiver

     

    Credit – the giver

    Nominal Account Debit – the expenses or losses of the business

     

    Credit – the income or gain of the business

     

     

    Illustration An entity named Orange Ltd. has the following transactions.

    1. Purchase goods worth Rs.50,000 from Shyam Ltd.
    2. It deposits Rs.10,000 into Bank.
    3. It sells goods worth Rs.35,000 to Ram.
    4. It pays Rs.12,000 as salary.
    5. It earns Rs.3,000 as interest on a bank account.

     

    First of all, let us identify the accounts involved in these transactions and classify them into the different types of accounts:

    Transaction Accounts involved Type of Accounts Golden rules
    Purchase goods worth Rs.50,000 from shyam Ltd. Purchase Account

     

    Shyam Ltd. Account

    Nominal Account – Expense account

     

    Personal Account – Creditors account

    Debit the expense or loss

     

     

    Credit the giver

     

    Deposit Rs.10,000 in Bank Bank Account

     

    Cash Account

    Real Account – Asset account

     

    Real Account – Asset account

    Debit what comes into the business

     

    Credit what goes out from the business

     

    Sale of goods worth Rs. 35,000 to Ram. Sales Account

     

    Ram Account

    Nominal Account -Income Account

     

    Personal Account – Debtors Account

    Debit the receiver

     

     

    Credit the income or gain

    Pays Rs.10,000 as Salary Salary Account

     

    Bank Account

    Nominal Account

     

     

    Real Account – Asset account

    Debit the expense or loss

     

     

    Credit what goes out of business

     

    Earn Rs.3,000 as interest on Bank account Interest received

    Bank Account

    Nominal Account – Income Account

     

    Real Account – Asset Account

    Debit what comes into the business

     

    Credit the income or gain

     

     

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: June 26, 2021In: Income Tax

What will be the tax treatment of salary receive from employer in lieu of notice of resignation?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on June 26, 2021 at 8:17 pm

    Hi, So you have received money, generally, people pay to leave a job. So let see the Income-tax treatment of money received in lieu of notice of resignation. This amount will be treated as "Salary" as defined in section 17(1) and will be chargeable to tax on a receipt basis as mentioned in section 1Read more

    Hi,

    So you have received money, generally, people pay to leave a job. So let see the Income-tax treatment of money received in lieu of notice of resignation.

    This amount will be treated as “Salary” as defined in section 17(1) and will be chargeable to tax on a receipt basis as mentioned in section 15 of the Income Tax Act.

    Thanks

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