1Which company is formed and registered under the Companies Act, 2013 or an earlier Indian company law?
Types of companies
Easy
A.Overseas company
B.Indian company
C.Non-resident company
D.Foreign company
Correct Answer: Indian company
Explanation:
An Indian company is one formed and registered under the Companies Act, 2013 or an earlier Indian company law.
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2For income-tax purposes, which company is treated as a domestic company?
Types of companies
Easy
A.Every foreign company
B.An Indian company
C.An unregistered overseas entity
D.Every non-resident company
Correct Answer: An Indian company
Explanation:
An Indian company is included within the definition of a domestic company under the Income-tax Act.
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3A foreign company is generally a company that is:
Types of companies
Easy
A.Always incorporated in India
B.Listed only on an Indian exchange
C.Not a domestic company
D.Owned only by the government
Correct Answer: Not a domestic company
Explanation:
Under the Income-tax Act, a foreign company means a company that is not a domestic company.
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4Which of the following can qualify as a domestic company even if it was formed outside India?
Types of companies
Easy
A.A company purchasing goods from India
B.A company holding one meeting in India
C.A company having one customer in India
D.A company making prescribed dividend arrangements in India
Correct Answer: A company making prescribed dividend arrangements in India
Explanation:
A foreign-incorporated company may qualify as a domestic company if it makes the prescribed arrangements for declaring and paying dividends in India.
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5A company in which the public are substantially interested is commonly known as:
Types of companies
Easy
A.A widely held company
B.A closely held company
C.A foreign company
D.A dormant company
Correct Answer: A widely held company
Explanation:
A company in which the public are substantially interested is commonly described as a widely held company.
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6A company in which the public are not substantially interested is commonly known as:
Types of companies
Easy
A.A listed company
B.A closely held company
C.A widely held company
D.A government company
Correct Answer: A closely held company
Explanation:
A company in which the public are not substantially interested is commonly described as a closely held company.
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7Under the Income-tax Act, an Indian company is treated as resident in India:
Determination of residential status of companies
Easy
A.In every previous year
B.Only when listed in India
C.Only when profitable in India
D.Only when controlled in India
Correct Answer: In every previous year
Explanation:
An Indian company is always treated as resident in India, irrespective of where its management is located.
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8What is the main test used to determine whether a foreign company is resident in India?
Determination of residential status of companies
Easy
A.Place of statutory registration
B.Location of major customers
C.Place of Effective Management
D.Nationality of shareholders
Correct Answer: Place of Effective Management
Explanation:
A foreign company is resident in India if its Place of Effective Management is in India during the relevant previous year.
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9What does the abbreviation POEM stand for in company taxation?
Determination of residential status of companies
Easy
A.Position of Executive Management
B.Point of External Management
C.Place of Economic Membership
D.Place of Effective Management
Correct Answer: Place of Effective Management
Explanation:
POEM stands for Place of Effective Management.
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10POEM refers to the place where:
Determination of residential status of companies
Easy
A.Most shareholders ordinarily reside
B.The company earns its highest revenue
C.The company keeps all its inventory
D.Key management decisions are substantially made
Correct Answer: Key management decisions are substantially made
Explanation:
POEM is the place where key management and commercial decisions necessary for conducting the business as a whole are, in substance, made.
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11The residential status of a company is determined separately for each:
Determination of residential status of companies
Easy
A.Accounting week
B.Previous year
C.Board meeting
D.Calendar month
Correct Answer: Previous year
Explanation:
Residential status is determined for each previous year and may therefore be reconsidered from year to year.
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12A foreign company whose POEM is outside India during the relevant previous year is generally:
Determination of residential status of companies
Easy
A.A government company
B.Non-resident in India
C.An Indian company
D.Resident in India
Correct Answer: Non-resident in India
Explanation:
A foreign company is generally non-resident when its Place of Effective Management is outside India.
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13Can a company's residential status change from one previous year to another?
Determination of residential status of companies
Easy
A.No, unless its shareholders change
B.Yes, but only once in its life
C.No, because it is fixed permanently
D.Yes, because it is tested annually
Correct Answer: Yes, because it is tested annually
Explanation:
Residential status is determined independently for every previous year, so it can change when the relevant facts change.
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14For residential-status purposes, a company is generally classified as:
Determination of residential status of companies
Easy
A.Registered or unregistered
B.Resident or non-resident
C.Public or government
D.Ordinary or extraordinary
Correct Answer: Resident or non-resident
Explanation:
A company is classified as either resident or non-resident for a previous year.
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15A resident company's total income generally includes:
Tax incidence
Easy
A.Only income from dividend sources
B.Only income received outside India
C.Income from India and outside India
D.Only income accruing within India
Correct Answer: Income from India and outside India
Explanation:
A resident company is generally taxable in India on its global income, subject to the Act and applicable tax treaties.
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16A non-resident company is generally taxable in India on income that:
Tax incidence
Easy
A.Is received or accrues in India
B.Is received only by its shareholders
C.Is retained only in foreign accounts
D.Is earned only outside India
Correct Answer: Is received or accrues in India
Explanation:
A non-resident company is generally taxed on income received or deemed received in India and income accruing, arising, or deemed to accrue or arise in India.
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17The taxation of a resident company on income earned worldwide is commonly called taxation of:
Tax incidence
Easy
A.Local turnover
B.Domestic capital
C.Global income
D.Indian expenditure
Correct Answer: Global income
Explanation:
Global income includes income from sources both within and outside India.
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18Income deemed to accrue or arise in India is generally taxable for:
Tax incidence
Easy
A.Indian companies only
B.Foreign shareholders only
C.Both resident and non-resident companies
D.Resident companies only
Correct Answer: Both resident and non-resident companies
Explanation:
Income deemed to accrue or arise in India is generally included in the taxable income of both resident and non-resident companies.
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19Foreign income that accrues and is received outside India is generally included in the total income of which company?
Tax incidence
Easy
A.A closely held company only
B.A non-resident company
C.A dormant company only
D.A resident company
Correct Answer: A resident company
Explanation:
A resident company's tax incidence generally extends to foreign income, even when it accrues and is received outside India.
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20Why is a company's residential status important for income-tax purposes?
Tax incidence
Easy
A.It determines the accounting software
B.It decides the company's share capital
C.It determines the scope of taxable income
D.It fixes the number of directors
Correct Answer: It determines the scope of taxable income
Explanation:
Residential status determines whether the company is generally taxed on global income or mainly on income connected with India.
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21Under Indian income-tax law, a company incorporated in India is generally classified as which type of company for tax purposes?
Types of companies
Medium
A.Non-resident company
B.Foreign company
C.Domestic company
D.Associated company
Correct Answer: Domestic company
Explanation:
A company incorporated in India is an Indian company and is generally treated as a domestic company for tax purposes.
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22A company incorporated in the United Kingdom operates a branch in India. How is the company generally classified under Indian tax law?
Types of companies
Medium
A.Government company
B.Domestic company
C.Indian company
D.Foreign company
Correct Answer: Foreign company
Explanation:
A company incorporated outside India is a foreign company, even if it carries on business through a branch in India.
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23Which statement best describes an Indian company under the Income-tax Act?
Types of companies
Medium
A.A company having its bank account in India
B.A company formed and registered under Indian company law
C.A company earning income from Indian customers
D.A company managed by Indian directors only
Correct Answer: A company formed and registered under Indian company law
Explanation:
An Indian company is one formed and registered under the relevant Indian company law or established under specified Indian legal provisions.
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24A company incorporated outside India has no branch or office in India but earns royalty from an Indian customer. Which classification is most appropriate?
Types of companies
Medium
A.Indian company
B.Foreign company
C.Public sector company
D.Domestic company
Correct Answer: Foreign company
Explanation:
The company's place of incorporation determines that it is a foreign company. The royalty may still have Indian tax implications.
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25Which factor is most relevant for distinguishing a domestic company from a foreign company?
Types of companies
Medium
A.Place of incorporation
B.Number of shareholders
C.Location of customers
D.Currency of revenue
Correct Answer: Place of incorporation
Explanation:
The place where the company is incorporated is the primary basis for distinguishing an Indian or domestic company from a foreign company.
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26A foreign company establishes a wholly owned subsidiary in India. What is the status of the subsidiary if it is incorporated in India?
Types of companies
Medium
A.It remains a foreign company
B.It becomes a non-corporate entity
C.It becomes an Indian company
D.It becomes a branch office
Correct Answer: It becomes an Indian company
Explanation:
A subsidiary incorporated in India is an Indian company, even when its entire share capital is held by a foreign parent.
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27Which of the following is a tax-relevant distinction between a branch and a subsidiary of a foreign enterprise in India?
Types of companies
Medium
A.A branch always has Indian shareholders
B.A subsidiary is separately incorporated in India
C.A subsidiary cannot earn Indian income
D.A branch is separately incorporated in India
Correct Answer: A subsidiary is separately incorporated in India
Explanation:
A subsidiary is a separate legal entity incorporated in India, whereas a branch is generally an extension of the foreign company.
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28Under Indian income-tax law, an Indian company is treated as resident in India for which period?
Determination of residential status of companies
Medium
A.Only when its board meets in India
B.Only when its shareholders live in India
C.Throughout the relevant previous year
D.Only when it earns Indian income
Correct Answer: Throughout the relevant previous year
Explanation:
An Indian company is resident in India by virtue of its status as an Indian company, regardless of where its income is earned or where its board meets.
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29A foreign company is considered resident in India if, during the relevant previous year, its place of effective management is located in:
Determination of residential status of companies
Medium
A.The country of its largest market
B.India
C.The country of incorporation
D.The country of its principal banker
Correct Answer: India
Explanation:
A foreign company is resident in India when its place of effective management, or POEM, is in India during the relevant previous year.
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30For determining POEM, the key consideration is generally the place where:
Determination of residential status of companies
Medium
A.The annual audit is conducted
B.Key management decisions are made
C.Most employees are recruited
D.Most sales are completed
Correct Answer: Key management decisions are made
Explanation:
POEM focuses on where the key management and commercial decisions necessary for conducting the business as a whole are made.
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31The board of a foreign company formally meets in Singapore, but all important strategic decisions are made by senior management in India. Which conclusion is most appropriate?
Determination of residential status of companies
Medium
A.Residence must follow the shareholders
B.The company is automatically non-resident
C.POEM may be India
D.POEM must be Singapore
Correct Answer: POEM may be India
Explanation:
The location of formal board meetings is not conclusive. If real strategic and commercial decisions are made in India, POEM may be situated in India.
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32The residential status of a company is normally determined separately for:
Determination of residential status of companies
Medium
A.Each previous year
B.Each financial transaction
C.Each quarter of a year
D.Each assessment year only
Correct Answer: Each previous year
Explanation:
Residential status is determined for each previous year because the relevant facts, including management location, may change from year to year.
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33A foreign company has its central management team in India for one previous year and moves it permanently to Germany in the next year. What is the likely result?
Determination of residential status of companies
Medium
A.It is resident in both countries automatically
B.Its status can change between the two years
C.It remains resident forever
D.Its status depends only on incorporation
Correct Answer: Its status can change between the two years
Explanation:
A foreign company's residential status is assessed annually. A change in the location of effective management can therefore change its Indian tax residence.
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34If a foreign company has independent regional operations and decisions are made separately in several countries, which factor becomes especially important in determining POEM?
Determination of residential status of companies
Medium
A.The location of the largest warehouse
B.The place of routine accounting work
C.The residence of minority shareholders
D.The place of overall business decisions
Correct Answer: The place of overall business decisions
Explanation:
POEM examines the location of overall key management and commercial decisions, rather than merely routine or regional operational activities.
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35Which income is generally included in the total income of a company resident in India, subject to applicable provisions?
Tax incidence
Medium
A.Only income earned from Indian customers
B.Only income received in India
C.Only income from its registered office
D.Global income from all sources
Correct Answer: Global income from all sources
Explanation:
A company resident in India is generally taxable on its worldwide income, subject to exclusions, deductions, exemptions, and treaty provisions.
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36A non-resident foreign company earns business income from activities carried out entirely outside India, and the income is received outside India. What is the usual Indian tax position?
Tax incidence
Medium
A.The income is automatically taxed at domestic company rates
B.The income is generally outside Indian tax scope
C.The income is taxed only because the company is foreign
D.The entire income is generally taxable in India
Correct Answer: The income is generally outside Indian tax scope
Explanation:
Income that is neither received or deemed to be received in India nor accruing or arising or deemed to accrue or arise in India is generally outside the Indian tax scope of a non-resident.
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37A non-resident company receives interest directly in its overseas bank account from a loan used for an Indian business. Which principle may bring the interest into Indian taxation?
Tax incidence
Medium
A.It is deemed to accrue or arise in India
B.It is exempt because receipt is overseas
C.It is taxable only if shareholders are Indian
D.It is ignored because the lender is foreign
Correct Answer: It is deemed to accrue or arise in India
Explanation:
Interest connected with a debt used for purposes in India may be deemed to accrue or arise in India, even if it is received outside India.
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38A non-resident foreign company earns profits through a business connection in India. Which income is generally relevant for Indian taxation?
Tax incidence
Medium
A.Its worldwide profits without allocation
B.Only profits earned by its foreign head office
C.Profits reasonably attributable to Indian operations
D.Only profits received in cash in India
Correct Answer: Profits reasonably attributable to Indian operations
Explanation:
For a non-resident, income attributable to operations or a business connection in India may be taxable, rather than automatically taxing all worldwide profits.
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39A non-resident company first receives sales proceeds in its foreign bank account and later remits them to India. Which statement is generally correct about the remittance itself?
Tax incidence
Medium
A.The remittance automatically makes the company resident
B.The remittance alone does not change the original source
C.The remittance converts foreign income into salary
D.The remittance alone creates a new taxable receipt
Correct Answer: The remittance alone does not change the original source
Explanation:
A later remittance to India does not by itself create a new receipt in India or alter the character of income that was already received abroad.
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40An Indian resident company earns dividend income from a foreign subsidiary and keeps the amount in an overseas account. What is the general tax implication in India?
Tax incidence
Medium
A.It is automatically treated as capital receipt
B.It may be taxable as part of worldwide income
C.It is outside tax because it remains overseas
D.It is taxable only after remittance to India
Correct Answer: It may be taxable as part of worldwide income
Explanation:
A resident company is generally taxable on worldwide income, so foreign dividend income may be included even when retained outside India, subject to applicable reliefs.
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41Orion Ltd. is incorporated in Singapore. It has made the prescribed arrangements for declaration and payment in India of dividends payable out of its income taxable under the Income-tax Act, 1961. Its place of effective management is in Singapore. How should Orion Ltd. be classified for the relevant previous year?
Types of companies
Hard
A.An Indian company and a resident company
B.A foreign company and a non-resident company
C.A domestic company and a resident company
D.A domestic company and a non-resident company
Correct Answer: A domestic company and a non-resident company
Explanation:
A foreign-incorporated entity can be a domestic company under section 2(22A) by making the prescribed dividend arrangements. Because it is not an Indian company and its POEM is outside India, it is non-resident.
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42A company incorporated under the Companies Act in India conducts all operations abroad, holds every board meeting in Dubai, and earns no Indian-source income. Which classification is correct under the Income-tax Act?
Types of companies
Hard
A.It is an Indian company, a domestic company, and a resident
B.It is a domestic company but becomes non-resident because its POEM is abroad
C.It is a foreign company but becomes resident because it is controlled from India
D.It is an Indian company, a foreign company, and a non-resident
Correct Answer: It is an Indian company, a domestic company, and a resident
Explanation:
Every Indian company is resident in India under section 6(3), irrespective of its POEM or source of income. An Indian company is also included in the definition of a domestic company.
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43Nova Inc. is incorporated in the United States and has not made the prescribed arrangements for payment of dividends in India. Its POEM is found to be in India. Which description is legally accurate?
Types of companies
Hard
A.It is a domestic company that is resident in India
B.It becomes an Indian company because its POEM is in India
C.It is a foreign company that is resident in India
D.It remains a foreign company and must be non-resident
Correct Answer: It is a foreign company that is resident in India
Explanation:
Residence and company type are separate classifications. Nova remains a foreign company because it is not a domestic company, but it is resident because its POEM is in India.
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44Which entity may fall within the definition of "company" under section 2(17) even though it is neither incorporated under Indian law nor under foreign corporate law?
Types of companies
Hard
A.An association declared by the CBDT to be a company
B.Every trust carrying on commercial activities in India
C.Any unincorporated body that earns taxable income and voluntarily follows all company-law reporting requirements
D.Any partnership having more than twenty partners
Correct Answer: An association declared by the CBDT to be a company
Explanation:
Section 2(17) permits the CBDT to declare an institution, association, or body—whether incorporated or not—to be a company for income-tax purposes.
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45A public company incorporated in India has its equity shares listed on a recognized stock exchange in India on the last day of the previous year. No single shareholder holds more than of its voting power. For income-tax classification, it will ordinarily be treated as:
Types of companies
Hard
A.A company in which the public are substantially interested
B.A closely held company because ownership is fragmented
C.A private company because no shareholder controls it
D.A foreign company because its shares are publicly traded
Correct Answer: A company in which the public are substantially interested
Explanation:
A qualifying public company whose equity shares are listed on a recognized stock exchange in India on the relevant date falls within section 2(18). Fragmented ownership does not make it closely held.
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46Zenith SA is incorporated in France. During the previous year, it makes the prescribed arrangements for payment in India of dividends only out of the income chargeable to Indian tax. Which conclusion follows from that fact alone?
Types of companies
Hard
A.It qualifies as a domestic company for income-tax purposes
B.It remains a foreign company because incorporation occurred abroad
C.It becomes an Indian company for all statutory purposes
D.It necessarily becomes resident in India under the POEM test
Correct Answer: It qualifies as a domestic company for income-tax purposes
Explanation:
The prescribed dividend arrangements can make a foreign-incorporated company a domestic company under section 2(22A). They neither make it an Indian company nor independently determine its residence.
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47A foreign company reports the following percentages under the POEM guidelines: passive income , assets situated in India , employees situated or resident in India , and payroll relating to such employees . Which result is correct?
Determination of residential status of companies
Hard
A.It satisfies the test because three of the four conditions are met
B.It fails the test only if its board meetings are also held in India
C.It satisfies the test because passive income does not exceed
D.It fails the active-business-outside-India test because the Indian-asset condition is not met
Correct Answer: It fails the active-business-outside-India test because the Indian-asset condition is not met
Explanation:
All prescribed conditions must be satisfied. Assets situated in India must be less than of total assets; a level of causes the company to fail the test.
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48A foreign company has existed for only two previous years. Its passive income and total income were respectively ₹40 crore and ₹100 crore in Year 1, and ₹60 crore and ₹100 crore in Year 2. All other active-business-outside-India conditions are met. How is the passive-income condition evaluated?
Determination of residential status of companies
Hard
A.It is met because the available-year average is exactly
B.It is failed because Year 2 passive income exceeds
C.It is ignored until the company completes three previous years
D.It is met only if Year 2 is excluded as the current previous year
Correct Answer: It is met because the available-year average is exactly
Explanation:
Where a company has existed for less than three years, the available years are used. Passive income must be not more than ; an average of exactly satisfies that condition.
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49A foreign company satisfies the active-business-outside-India conditions, and most board meetings are held in London. Evidence shows that the board routinely approves, without evaluation, strategic instructions issued by the parent company's chief executive from Mumbai. What is the strongest conclusion?
Determination of residential status of companies
Hard
A.The outside-India presumption may be rebutted because the board has stood aside
B.The company remains non-resident because instructions from a shareholder or parent can never be examined under the POEM guidelines, regardless of their substance
C.POEM must be outside India because a majority of board meetings occur in London
D.POEM must be divided between London and Mumbai according to meeting attendance
Correct Answer: The outside-India presumption may be rebutted because the board has stood aside
Explanation:
For an active foreign business, outside-India board meetings create a presumption, not an absolute rule. It can be rebutted where the board stands aside and real management powers are exercised from India.
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50Directors of a foreign company electronically sign formal resolutions while located in London and Toronto. The commercially decisive proposals are formulated, evaluated, negotiated, and finally settled by senior executives in Delhi before signature. Which location is most relevant for POEM?
Determination of residential status of companies
Hard
A.Toronto, because the final resolution is electronically transmitted there
B.Delhi, where the key decisions are substantively made
C.The country of incorporation, regardless of decision-making facts
D.London, because at least one formal signature occurs there
Correct Answer: Delhi, where the key decisions are substantively made
Explanation:
POEM focuses on where key management and commercial decisions are made in substance, not merely where resolutions are formally signed or recorded.
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51Shareholders residing in India approve a foreign company's merger, amend its constitutional documents, and appoint directors. Its independent board and executives formulate and execute all business strategy in Germany. In the absence of other facts, where is its POEM most likely located?
Determination of residential status of companies
Hard
A.Both India and Germany, because a company must have two POEMs in such circumstances
B.India, because appointment of directors always determines the place of management
C.India, because shareholders approved transactions affecting the company's structure
D.Germany, because ordinary shareholder-level decisions do not constitute effective management
Correct Answer: Germany, because ordinary shareholder-level decisions do not constitute effective management
Explanation:
Decisions reserved for shareholders generally do not determine POEM. The relevant focus is where key management and commercial decisions for the business as a whole are made.
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52The chief executive of a foreign company makes all strategic financing, market-entry, and acquisition decisions while working in Chennai. The same executive also performs routine treasury functions there, while manufacturing occurs entirely abroad. Which factor is decisive?
Determination of residential status of companies
Hard
A.The jurisdiction in which the company was incorporated
B.The location of strategic decision-making in Chennai
C.The location of manufacturing assets outside India
D.The place where routine treasury entries are recorded
Correct Answer: The location of strategic decision-making in Chennai
Explanation:
When strategic and operational functions overlap, greater weight is given to the place where key management and commercial decisions are actually made. The location of physical operations is not conclusive.
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53A foreign company carries on active business outside India, and its board genuinely makes all key decisions at meetings held in Japan. An Indian subsidiary provides accounting reports, market research, and non-binding recommendations. What is the most appropriate POEM conclusion?
Determination of residential status of companies
Hard
A.POEM is in India because every advisory recommendation is a management decision
B.POEM is automatically split between India and Japan according to employee numbers
C.POEM is in India because accounting records are partly prepared there
D.POEM is likely outside India because the Japanese board retains real decision-making authority
Correct Answer: POEM is likely outside India because the Japanese board retains real decision-making authority
Explanation:
Support services and non-binding recommendations do not by themselves constitute key management. Genuine strategic decision-making by the board in Japan supports an outside-India POEM.
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54Atlas Inc., incorporated abroad, is resident in India because its POEM is in India. During the previous year, it earns business profits in Kenya, interest from Canada, and capital gains from assets in Brazil; all amounts are first received outside India. Ignoring treaty relief, which income falls within India's scope of total income?
Tax incidence
Hard
A.All three categories because a resident company is taxable on worldwide income
B.Only the Kenyan profits because active income follows the location of management
C.Only amounts later remitted to India, together with every foreign receipt accumulated in earlier years even if it had already been taxed abroad
D.Only the Canadian interest because passive income is taxed according to residence
Correct Answer: All three categories because a resident company is taxable on worldwide income
Explanation:
A company resident in India is generally taxable on income received, accruing, or arising anywhere in the world, subject to applicable treaty relief and foreign tax credit provisions.
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55A non-resident company earns ₹12 crore from a business operated wholly outside India. The amount is first received in Paris and later remitted to an Indian bank account. It also receives interest from an Indian resident on money borrowed and used exclusively for that resident's business outside India. Ignoring treaty provisions, how much is included in Indian total income on these facts?
Tax incidence
Hard
A.Only the interest amount
B.₹0 crore
C.₹12 crore
D.₹12 crore plus the interest amount
Correct Answer: ₹0 crore
Explanation:
A later remittance is not a fresh receipt when income was first received abroad. Interest paid by a resident is also excluded from deemed Indian accrual where the borrowing is used for a business carried on outside India.
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56A non-resident company performs consulting services entirely outside India, has no Indian business connection, and instructs its customer to make the first payment directly into the company's bank account in Mumbai. Ignoring treaty relief, which statement is correct?
Tax incidence
Hard
A.The income is outside the Indian tax scope because all services were performed abroad
B.The income is exempt because bank-account credit can never amount to receipt
C.The income is taxable only if the customer is an Indian resident
D.The income enters the Indian tax scope because it is first received in India
Correct Answer: The income enters the Indian tax scope because it is first received in India
Explanation:
For a non-resident, income received or deemed received in India is within the scope of total income. Actual first receipt in India is sufficient even if the income accrued abroad.
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57A non-resident company employs an executive who renders services in India for four months. Salary for those services is paid by the company's foreign head office into the executive's overseas account. Ignoring treaty relief, how is the salary characterized for Indian tax incidence?
Tax incidence
Hard
A.It is taxable only if the executive remits it to India during the year
B.It is foreign income because employment contracts follow the employer's residence
C.It is deemed to accrue in India because the services are rendered in India
D.It accrues outside India because both employer and payment account are foreign
Correct Answer: It is deemed to accrue in India because the services are rendered in India
Explanation:
Salary earned for services rendered in India is deemed to accrue or arise in India. The employer's residence and the place of payment do not alter that source rule.
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58A Singapore company lends money to another non-resident company. The borrower uses the funds exclusively for its manufacturing business carried on through a factory in India. Interest is paid and received outside India. Ignoring treaty relief, which statement is correct?
Tax incidence
Hard
A.The interest is deemed to accrue in India because the debt is used for a business in India
B.The interest is taxable only if it is credited to an Indian bank account
C.The interest cannot accrue in India because both payer and recipient are non-residents
D.The interest is foreign-source income because the loan agreement was executed abroad
Correct Answer: The interest is deemed to accrue in India because the debt is used for a business in India
Explanation:
Interest payable by a non-resident is deemed to accrue in India when the borrowing is used for a business or profession carried on in India.
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59A non-resident company sells shares of a foreign company outside India. The foreign company's shares derive substantially all their value from assets located in India, and the statutory value thresholds are satisfied. No exemption applies. What is the Indian tax consequence?
Tax incidence
Hard
A.The entire gain is outside India because the transferred shares are foreign
B.The gain attributable to Indian assets may be deemed to accrue in India
C.The gain is taxable only if sale proceeds are remitted to India
D.The gain is exempt because indirect transfers are relevant only to resident sellers
Correct Answer: The gain attributable to Indian assets may be deemed to accrue in India
Explanation:
The indirect-transfer rule can deem foreign shares or interests to be situated in India when they derive substantial value from Indian assets. The prescribed attributable portion of the gain may therefore be taxable.
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60A non-resident company whose POEM is outside India earns ₹30 crore through an Indian branch and ₹45 crore through an independent Singapore branch. Both amounts are first received outside India, and the Singapore branch has no Indian business connection. Ignoring treaty relief, what amount is within the Indian scope of total income?
Tax incidence
Hard
A.₹30 crore
B.₹0 crore
C.₹45 crore
D.₹75 crore
Correct Answer: ₹30 crore
Explanation:
The Indian branch profits accrue or arise in India and are taxable even if received abroad. The independent Singapore branch profits neither accrue nor are received in India and are outside a non-resident company's Indian total income.
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