Unit I: Income From Profits and Gains of Business or Profession'
Unit I: Income From Profits and Gains of Business or Profession'
Unit I: Income From Profits and Gains of Business or Profession'
(Sections 28 to 44D)
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1.1 Basis of Charge
1.2 Important rules regarding assessment of PGBP
1.3 Computation of Profits of Business or profession
1.4 Deductions expressly allowed
1.5 Expenses expressly disallowed
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Sec. 2(13) Business :
Business means the purchase and sale or manufacture of a commodity with a view to
make profit. It includes any trade, commerce or manufacture or any adventure (Doing activity
for the first time without knowing the outcome) or concern in the nature of trade, commerce and
manufacture.
To judge a transaction as business transaction, following points should be considered -
1. Nature of commodity
2. Nature of transaction (Whether incidental to a business or not)
3. Intention of the related party
4. Duration of transaction
5. Effort applied in transaction.
Sec. 2(36) Profession:
Profession means the activities for earning livelihood which require intellectual skill or
manual skill, e.g. the work of a lawyer, doctor, auditor, engineer and so on are in the nature of
profession. Profession includes vocation.
Vocation : Vocation implies natural ability of a person to do some particular work e.g. singing, dancing,
etc. Here, no training or no qualification is required but having natural ability.
Profits : Excess income over expenditure.
Gains : Any incidental revenue from business.
As the rules for the assessment of business, profession or vocation are the same, there is no
importance of making any distinction between them for income tax purposes.
Sec. 28 : Basis of Charge :
The following incomes are chargeable to income tax under the head ‘PGBP’:
i) Revenue Profits from Business or Profession : The profits and gains of any business or
profession which was carried on by the assessee at any time during the previous year;
Rules for adjustment of Profit and Loss Account prepared by the Assessee :
The profit and Loss Account prepared by the assessee is not correct from the income tax point –
a) Several expenses are charged to it which are wholly or partly inadmissible.
b) Some admissible expenses are omitted.
c) Some taxable income are not credit
d) Some such incomes are credited which are either not taxable under the head PGBP or are not
taxable at all.
Proforma for computation of Income under the head PGBP
Particulars Rs. Rs.
Profit as per P & L A/c xxx
Add : i) Expenses or losses disallowed but charged in P & L A/c xxx
ii) Incomes taxable as business income but not credited to the P & L A/c xxx
iii) Expenses in excess of the allowed amount charged to P & L A/c xxx
iv) Under valuation of closing stock or over valuation of opening stock xxx xxx
Deduct i) Expenses or losses allowed but not debited to P & L A/c xxx
ii) Incomes not taxable as business income but credited to the P & L A/c xxx
iii) Income exempt from tax but credited in P & L A/c xxx
iv) Over valuation of closing stock and under valuation of opening stock xxx xxx
Taxable income from Business xxx
Deductions Expressly Allowed (Sec. 30 to 37)
Sec. 30 : Expenses in respect of business premises : Revenue expenses for use of premises for
business or profession is allowed.
a) Premises are occupied as tenant : Rent, Repair, Insurance and Tax.
b) Premises are occupied as owner : Repair, Insurance and Tax.
Note :
1. If the business premise belongs to the assessee no deduction in respect of rent will be allowed.
2. If the assessee is a partnership firm and the business premises belongs to a partner of the firm,
the rent payable to the partner will be an allowable deduction.
Sec. 31 : Revenue Expenditure on Plant and Machinery / Furniture and Fixture :
1) Building
(10%)
4) Ships
(20%)
5) Intangible Assets
(25%)
Sec. 33AB : Tea, Coffee and Rubber Development Account
a) The assessee should deposit in special account with the National Bank for Agricultural and
rural Development.
b) The deposit should be made within a period of six months from the end of the PY or before
furnishing the return of his income, whichever is earlier.
c) Limit : Sum equal to deposited or 40% of profits of such business (before making deduction
under this section and before setting off brought forward business losses), whichever is less.
d) Utilization of funds : Must be used in the same previous year in which it is withdrawn.
Sec 33ABA : Site Restoration Fund :
Deduction will be allowed in respect of prospecting, extraction or production of petroleum or
natural gas in India. It is necessary that, agreement with central government.
a) The assessee should deposit in special account with the State Bank of India.
b) The deposit should be before the end of the previous year.
Scientific
Research
100%
Only Salary and
Material
*Salary not include
perquisite
100%