Professional Documents
Culture Documents
Business – Meaning
1) Section 2(13) - Business includes any trade, commerce or manufacture or any adventure or
concern in the nature of trade, commerce or manufacture.
2) ‘business’ denotes an activity capable of producing a profit which may be taxed.
3) Pari Mangaldas Girdhardas v CIT
1. Intention of acquisition of subject matter
2. Treatment of subject matter
3. Whether company documents authorise purchase/ sale of article in question
4. Volume and frequency
Profession – Meaning
• Section 2(36) – profession includes vocation
• Involves the idea of an occupation requiring either intellectual skill or any manual skill. E.g.
service rendered by a lawyer, engineer, doctor etc.
Section 28
The following income shall be chargeable to income-tax under the head "Profits and gains of
business or profession",—
1. The profits and gains of any business or profession which was carried on by the assessee at any
time during the previous year ;
i. Net profit is chargeable to tax under this head and to arrive at net profit certain losses
and expenditures are to be deducted from gross profits.
ii. Business is not required to have been carried on by the assessee throughout the whole
year or till the end of the previous year
iii. Business need not necessarily be carried on by the assessee personally
iv. Income derived from letting out of asset of a business is regarded as business income if
the letting is temporary and not permanent
v. Illegal business is also business for the purpose of this section. If assessee carried on a
business which is illegal, tax cannot be avoided on the ground that the business is
illegal
3. Income derived by a trade, professional or similar association from specific services performed
for its members.
4. Import-Export Incentives - Cash assistance received against exports; Duty draw back against
export etc.
5. The value of any benefit or perquisite whether convertible into money or not, arising from
business or the exercise of profession.
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6. Any interest, salary, bonus, commission or remuneration due to or received by a partner of a
firm from the firm provided that it has been allowed as deduction in computing the taxable
profits of such firm.
7. Non-compete fees [fee under an agreement for not carrying out any activity in relation to any
business or profession or not sharing any know-how, patent, copyright, trademark etc.]
8. Any amount received by employer from KIP;
9. Conversion of SIT into capital asset then FMV of such stock is taxable under head PGBP
10. Any sum received on account of any capital asset (other than land or goodwill or financial
instrument) being demolished, destroyed, discarded or transferred, if the whole of the
expenditure on such capital asset has been allowed as deduction u/s 35AD.
(2B) Notwithstanding anything contained in sub-section (1), no allowance shall be made in respect of
expenditure incurred by an assessee on advertisement in any souvenir, brochure, tract, pamphlet
or the like published by a political party.
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Section 30 – Rent, Taxes, Repairs and Insurance of Building
Section 31 – Repair and Insurance of Machinery, Plant and Furniture
Section 32 – Depreciation
Assessee should be the owner of asset
Allowed on all tangible assets except land and all intangible assets except goodwill
Asset must be put to use at any point during the previous year by assessee for business/
profession
System - Block of asset [means group of asset having same rate of depreciation within same
class of asset]. Method of depreciation followed is WDV method.
The assets in respect of which depreciation is claimed must belong to either of the following
categories
I II III IV
Building Furniture @ 10% Plant and machinery Intangible Asset @
1. Residential 1. Motor vehicle 25%
building - 5% used for hiring
1. General building - business – 30%
10% 2. Other motor
2. Temporary vehicle – 15%
building - 40% 3. Ship – 20%
4. Air craft – 40%
5. Computer and
computer
software – 40%
6. Books – 40%
7. Pollution control
equipment – 40%
8. Oil well – 15%
9. Other plant and
machinery –
15%
[Section 38] Asset partly used for business and partly for other purpose - If any asset is partly used
for business purpose and partly for personal purpose then expenses related to that asset like fuel,
insurance, depreciation etc. are allowed for business use only.
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Section 50 – Computation of capital gains in case of depreciable assets
1) In case of depreciable asset, there is always STCG
2) In any block, there can be either depreciation or STCG but not both
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Section 35AD
Note -
1. Deduction is allowed only if business is new
2. Depreciation is not allowed if deduction claimed u/s 35AD
3. Sale proceeds of asset u/s 35AD shall be treated as PGBP income
4. Any expenditure incurred before commencement of business is also allowed as deduction in the
year in which business is commenced
Section 38 – 43D - Disallowable Expenses
Section 40(a) – amounts not deductible - Notwithstanding anything to the contrary in sections
30 to 38, the following amounts shall not be deducted in computing the income chargeable under
the head "Profits and gains of business or profession" -
1) Amount payable outside India or in India to NR/ foreign co shall be disallowed (100%) if –
a) TDS is not deducted in PY or
b) deducted but not paid to govt. Up to due date of return filling. [section 40(a)(i)]
2) 30% of amount paid or credited to resident is disallowed if
a) TDS is not deducted in PY or
b) deducted but not paid to govt. Up to due date of return filling. [section 40(a)(ia)]
3) No deduction shall be allowed for Income tax paid [section 40(a)(ii)]
4) Royalty, license fee, service fee etc. levied exclusively on a state government undertaking by
state government shall be disallowed. [section 40(a)(iib)]
5) Salary payable outside India or to a NR not allowed (100%) if TDS is not deducted in PY or
deducted but not paid to govt. up to due date of return filling. [section 40(a)(iii)]
6) PF payment without tax deduction at source i.e. any payment to a provident or other fund
established for the benefit of employees of the assessee, unless the assessee has made effective
arrangements to secure that tax shall be deducted at source from any payments made from the
fund which are chargeable to tax under the head "Salaries" [section 40(a)(iv)]
7) Tax on non-monetary perquisite paid by ER for EE is not allowed as deduction. [section 40(a)(v)]
Section 40A – payments not deductible
1) In case of payment made to relative/related party, AO can disallow excessive or unreasonable
amount [section 40A(2)]
2) Where the assessee incurs any expenditure in respect of which
a) a payment made to a person in a day exceeds Rs. 10,000,
b) no deduction shall be allowed in respect of such expenditure if payment has been made
otherwise than by -
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i) an account payee cheque or account payee bank draft, or use of electronic clearing
system through a bank account or
ii) through such other electronic mode as may be prescribed. [section 40A(3)]
3) Provision for payment for gratuity under section 40A(7) - No deduction is allowed in computing
business income in respect of a mere provision made by the assesse in his books of account for
the payment of gratuity to his employees on retirement
Section 43B – deductions on payment basis i.e. payment for the following expenses shall be allowed
as deduction only if the payment is made within the same P.Y. or within return filing date. If payment
is made after return filing date, then it will be allowed as deduction in the P.Y. in which actual payment
is made.
1) Tax, duty, cess or fee payable to govt. e.g. GST
2) Bonus or commission to EE
3) Leave salary to EE
4) ER’s contribution to PF or other fund for welfare of EEs
5) Interest on loan from scheduled bank, co-operative bank, NBFC
6) Sum payable to Indian railways for the use of railway asset
Section 41 – Deemed Income
1) Recovery against any deduction in respect of loss, expenditure or trading liability already
claimed. [section 41(1)]
2) Sale of scientific research asset - where any capital asset used in scientific research is sold
without having been used for other purposes and the sale proceed exceeds the amount of
capital expenditure, such surplus or the amount of deduction allowed w.e.l. is chargeable to tax
as business income in the year in which the sale took place. [section 41(3)]
3) Bad debt recovery. [section 41(4)]
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Section 44AD, 44ADA - Presumptive Taxation Scheme [PTS}
A) Presumptive PGBP Income for business [sec 44AD]
Eligible assessee I/ HUF/ Firms (excluding LLP)
Eligible business All other than –
1) Specified profession as per S 44 AA
2) Business in the nature of commission or brokerage
3) Agency business
4) S44 AE business
Turnover limit Turnover should not exceed 2 CR
Presumptive income 8% * turnover
Note –
1) If sec 44AD applies then deduction of expense u/s 30-37 shall be deemed to have been given
and disallowances under section 40, 40A etc. shall be deemed to have been already disallowed.
2) Benefit – no need to maintain regular books of account, no need of tax audit
3) Once opted for PTS, assessee should continue it for next 5 years
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