CA Final Course Paper 1 Direct Tax Laws Chapter 22 Unit 22 CA Dinesh Kadu.

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1 CA Final Course Paper 1 Direct Tax Laws Chapter 22 Unit 22 CA Dinesh Kadu.

2 Background of the Standard Basic Matching Concept

3 DTA/DTL A/cing Income < Taxable Income Taxable Income more More Tax Paid DTA A/cing Income > Taxable Income Taxable Income less Tax Paid Less DTL A/cing Exps <Taxable Exps. Taxable Income less Tax Paid Less DTL A/cing Exps >Taxable Exps. Taxable Income more More Tax Paid DTA

4 Accounting income (loss) is the net profit or loss for a period, as reported in the statement of profit and loss, before deducting income tax expense or adding income tax saving. Taxable income (tax loss) is the amount of the income (loss) for a period, determined in accordance with the tax laws, based upon which income tax payable (recoverable) is determined. Current tax is the amount of income tax determined to be payable (recoverable) in respect of the taxable income (tax loss) for a period.

5 Timing Differences Permanent Differences Differences between taxable income and accounting income for a period that originate in one period and are capable of reversal in one or more subsequent periods. Differences between taxable income and accounting income for a period that originate in one period and do not reverse subsequently.

6 Recognition: Tax expense for the period, comprising current tax and deferred tax, should be included in the determination of the net profit or loss for the period. Deferred tax should be recognised for all the timing differences, subject to the consideration of prudence in respect of deferred tax assets.

7 DTA due to timing differences other than unabsorbed depreciation and unabsorbed losses Recognise and carry forward only to the extent that there is a reasonable certainty that sufficient future taxable income will be available against which such deferred tax assets can be realised. DTA due to Unabsorbed depreciation and unabsorbed losses Recognise only to the extent that there is virtual certainty supported by convincing evidence that sufficient future taxable income will be available against which such deferred tax assets can be realised.

8 Evaluate on a case to case basis. Virtual certainty refers to the extent of certainty, which, for all practical purposes, can be considered certain. Virtual certainty cannot be based merely on forecasts of performance such as business plans. Virtual certainty is not a matter of perception and is to be supported by convincing evidence. Evidence is a matter of fact. To be convincing, the evidence should be available at the reporting date in a concrete form, for example, a profitable binding export order, cancellation of which will result in payment of heavy damages by the defaulting party. On the other hand, a projection of the future profits made by an enterprise based on the future capital expenditures or future restructuring etc., submitted even to an outside agency, e.g., to a credit agency for obtaining loans and accepted by that agency cannot, in isolation, be considered as convincing evidence.

9 Measurement Current Tax Deferred Tax Value Measured at the amount expected to be paid to (recovered from) the taxation authorities, using the applicable tax rates and tax laws. Measured at using the tax rates and tax laws that have been enacted or substantively enacted by the balance sheet date. DTA/DTL should not be discounted to their present value.

10 Compute the Tax Expense with the following information if Tax Rate 30%- Earning before tax as per P&L = Rs.200 lakhs +) Contribution to unapproved gratuity fund = Rs.10 lakhs +) Depreciation as per books = Rs.40 lakhs -) Depreciation under the Income Tax = Rs.(170)lakhs Taxable Income = Rs.80 lakhs

11 Tax Expense = Current Tax + Deferred Tax In given case, Current Tax = 80 lacs x 30% = 24 lacs Deferred Tax is calculated as under- 1. Contribution to unapproved gratuity fund is not allowable as deduction under Income Tax Act and therefore permanent difference not considered for deferred tax purpose. 2. Depreciation as per books = 40 lacs Depreciation as per Income tax = 170 lacs So Accounting Expense < Tax Expense so, taxable income is less therefore we need to create DTL = (170-40) x 30% = 39 lacs Therefore Tax Expense = 24 lacs + 39 lacs = 63 lacs

12 Reassessment of Unrecognised deferred tax assets: At each balance sheet date an enterprise re-assess unrecognized deferred tax assets. DTA due to timing differences other than unabsorbed depreciation and unabsorbed losses Recognise the DTA only if there is reasonable certainty that sufficient future taxable income will be generated. DTA due to Unabsorbed depreciation and unabsorbed losses Recognise DTA only if there is virtual certainty supported by convincing evidence that sufficient future taxable income will be available against which such deferred tax assets can be realised.

13 The deferred tax in respect of timing differences which reverse during the tax holiday period should not be recognised. Deferred tax in respect of timing differences which reverse after the tax holiday period should be recognised in the year in which the timing differences originate. However, recognition of deferred tax assets should be subject to the consideration of prudence. For the above purposes, the timing differences which originate first should be considered to reverse first.

14 Tax under section 115JB is a current tax for the period. In a period in which a company pays tax under section 115JB of the Act, the deferred tax assets and liabilities in respect of timing differences arising during the period, tax effect of which is required to be recognised under this Standard, is measured using the regular tax rates and not the tax rate under section 115JB of the Act. In case an enterprise expects that the timing differences arising in the current period would reverse in a period in which it may pay tax under section 115JB of the Act, the deferred tax assets and liabilities in respect of timing differences arising during the current period, tax effect of which is required to be recognised under AS 22, is measured using the regular tax rates and not the tax rate under section 115JB of the Act.

15 Thank You

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