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Income From Business and 
Profession 
Lecture 12
Basis of Charge (Section 28) 
• Following Incomes shall be charged to tax under this head 
• 1. Profit and Gains of any business or Profession carried on by the 
assessee 
• 2. Any Compensation or other payments due or received by assessee, 
for loss of agency, due to termination or modification in terms and 
conditions of such agency 
• 3. Income derived by a trade, professional or similar association, for 
specific services performed; for its members. 
• 4. Export Incentives received by Exporter such as Sale of licenses, Cash 
Assistance, Duty Drawback
Basis of Charge (contd.) 
• 5. Value of any benefit or perquisite, whether convertible into 
money or not, arising from business or the exercise of a profession 
• 6. Interest, Salary, Bonus, Commission or remuneration due o or 
received by, a partner of a firm from such firm. 
• 7. Sum Received or receivable in cash or kind for 
• a) not carrying out any activity 
• b) not sharing any knowhows, patent etc. 
• 8. Sum Received under Keyman Insurance Policy 
• 9. Income from Speculative Business.
Business & Profession 
• Business 
includes any Trade, Commerce or Manufacture or any 
adventure in the nature of Trade, Commerce or Manufacture. 
Profession: 
means an occupation requiring specialised Knowledge and 
Skill. 
Vocation: 
is an activity in which an assessee has specialised skill for 
earning Income.
Deduction Allowable 
• 1. Rent, Rates, Taxes and Insurance of Building ( u/s 30) 
• 2. Repairs and Insurance of Machinery, Plant and Furniture 
(u/s 31)
Depreciation (u/s 32) 
• Following conditions are to be fulfilled. 
• a) Assessee must be owner of the Asset. 
• b) Asset must be used for the purpose of 
business or Profession. 
• c) Such use must be in the relevant previous 
year.
Depreciation 
• Deprecation is allowed in respect of 
• a) Building 
• b) Plant & Machinery 
• c) Furniture 
• d) Motor Vehicles 
• e) Computers 
• f) Intangibles
Depreciation 
• Depreciation is allowed on the Written Down Value of Block 
of Assets 
• Opening WDV XX 
• Add : Purchases during the year XX 
• Less : Sales during the year XX 
• Closing WDV XX 
• Note : If the Asset is put to use for less than 180 Days in the 
year, depreciation will be allowed at 50 % of the eligible rate.
Additional Depreciation 
• Additional Deprecation @ 20 % of Actual Cost of Machinery 
acquired after 31.03.2002 for 
• a) New Industrial Undertaking 
• b) Existing Industrial Undertaking 
Note : If the Asset is put to use for less than 180 Days in the 
year, depreciation will be allowed at 50 % of the eligible rate.
Expenditure of Scientific Research U/s 35 
• Any Expenditure (other than Cost of Land) expended on scientific research 
related to the business. 
• Contribution to 
• i) Association, university, college for the purpose of Scientific Research 
• ii) National Laboratory 
• eligible for 175 % Deduction 
• iii) Association, university, college for the purpose of research in social 
sciences or statistical research 
• eligible for 125 % Deduction 
• In House Research in specified industries eligible for 
• 200 % Deduction
Expenditure for Obtaining License to operate 
Telecommunication Services U/s 35ABB 
• Allowed as Deduction equally over the 
number of years of Validity of Licenses
Other Expenditures 
• 35AC : Expenditure on Eligible Projects 
• 35CCA : Expenditure for carrying out rural development 
programmes 
• 35 CCB : Expenditure for carrying out programmes of 
conservation of natural resources.
Amortisation of 
• Preliminary Exp deduction is allowed in 5 Years ( Section 
35D) 
• Amortisation of Amalgamation or Demerger in 5 Years 
(Section 35DD) 
• Amortisation of VRS Expenses in 5 Years 
• ( Section 35DDA) 
• Expenditure on Minerals Prospecting in 10 Years (Section 
35E)
Other Deduction u/s 36 
• i) Insurance premium paid to cover the risk of damage or 
destruction of Stock 
• Ii) Bonus or Commission paid to Employees 
• Iii) Interest on Borrowed Capital 
• iii) Contribution to Recognised Provident Fund 
• iv) Contribution to Approved Gratuity Fund 
• V) Write off of useless or Dead Animals 
• Vi) Bad Debts 
• Vii) Expenditure on promotion of Family Planning among 
employees
General Expenses u/s 37 
• Conditions to be fulfilled 
• i) Expenditure should not be in the nature 
prescribed u/s 30 to 36 
• ii) Not a Capital Expenditure 
• iii) Not Personal Expenditure 
• iv) for the purpose of Business
Advertisement Expenses 
( Section 37(2B) 
• Deduction is not allowed in respect of 
expenditure incurred by an assessee on 
advertisement in any souvenir, brochure, 
tract, pamplet or like published by a political 
party.
Disallowance u/s 40a 
• Interest Royalty Fees for Professional Services 
paid outside India without deducting TDS
Disallowance us/s 40 a 
• Payment to Resident without deducting TDs 
• Following payments are covered 
• I) Interest 
• II) commission or Brokerage 
• III) Rent 
• Iv) Fees for Technical or Professional Services 
• V) royalty 
• VI) Payment to Contractor
Disallowance us/s 40 a 
• Securities Transaction Tax 
• Fringe Benefit Tax 
• Income Tax 
• Wealth Tax 
• Salary paid outside India without deducting TDS 
• Provident Fund payment without deducting TDS 
• Tax on Prequisites paid by the employer
Disallowance u./s 40 (b) 
• Amount not Deductible in case of Partnership 
Firm 
• I) Interest exceeding the rate specified in the 
Partnership Deed or 12 % whichever is lower 
• II) Remuneration to Partner
Remuneration to Partner 
• Is allowed upto the following limits 
• First Rs 3,00,000 - 90 % or Rs 1,50000 
• which ever is high 
• Balance - 60 %
Disallowance u/s 40 A 
• Excessive Payment to Relatives 
• Payment exceeding Rs 20,000 in mode 
otherwise than Crossed cheque 
• (Entire amount is disallowed)
• Contribution to Non Statutory Funds 
• Provision for Unapproved Gratuity Fund
Section 43 B : Deduction on Payment 
Basis 
• Following will be allowed as Deduction on actual paid basis. 
• Outstanding amount has to be paid before Due Date of Filing of Return 
of Income. 
• i) Any Tax, Duty paid to government 
• ii) Contribution to PF 
• iii) Bonus or Commission 
• iv) Interest on Loans from financial 
• institution 
• V) Interest on Loans from Scheduled Bank 
• Vi) Leave Salary to Employees
THANK YOU

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Lecture 12 income from business and profession

  • 1. Income From Business and Profession Lecture 12
  • 2. Basis of Charge (Section 28) • Following Incomes shall be charged to tax under this head • 1. Profit and Gains of any business or Profession carried on by the assessee • 2. Any Compensation or other payments due or received by assessee, for loss of agency, due to termination or modification in terms and conditions of such agency • 3. Income derived by a trade, professional or similar association, for specific services performed; for its members. • 4. Export Incentives received by Exporter such as Sale of licenses, Cash Assistance, Duty Drawback
  • 3. Basis of Charge (contd.) • 5. Value of any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession • 6. Interest, Salary, Bonus, Commission or remuneration due o or received by, a partner of a firm from such firm. • 7. Sum Received or receivable in cash or kind for • a) not carrying out any activity • b) not sharing any knowhows, patent etc. • 8. Sum Received under Keyman Insurance Policy • 9. Income from Speculative Business.
  • 4. Business & Profession • Business includes any Trade, Commerce or Manufacture or any adventure in the nature of Trade, Commerce or Manufacture. Profession: means an occupation requiring specialised Knowledge and Skill. Vocation: is an activity in which an assessee has specialised skill for earning Income.
  • 5. Deduction Allowable • 1. Rent, Rates, Taxes and Insurance of Building ( u/s 30) • 2. Repairs and Insurance of Machinery, Plant and Furniture (u/s 31)
  • 6. Depreciation (u/s 32) • Following conditions are to be fulfilled. • a) Assessee must be owner of the Asset. • b) Asset must be used for the purpose of business or Profession. • c) Such use must be in the relevant previous year.
  • 7. Depreciation • Deprecation is allowed in respect of • a) Building • b) Plant & Machinery • c) Furniture • d) Motor Vehicles • e) Computers • f) Intangibles
  • 8. Depreciation • Depreciation is allowed on the Written Down Value of Block of Assets • Opening WDV XX • Add : Purchases during the year XX • Less : Sales during the year XX • Closing WDV XX • Note : If the Asset is put to use for less than 180 Days in the year, depreciation will be allowed at 50 % of the eligible rate.
  • 9. Additional Depreciation • Additional Deprecation @ 20 % of Actual Cost of Machinery acquired after 31.03.2002 for • a) New Industrial Undertaking • b) Existing Industrial Undertaking Note : If the Asset is put to use for less than 180 Days in the year, depreciation will be allowed at 50 % of the eligible rate.
  • 10. Expenditure of Scientific Research U/s 35 • Any Expenditure (other than Cost of Land) expended on scientific research related to the business. • Contribution to • i) Association, university, college for the purpose of Scientific Research • ii) National Laboratory • eligible for 175 % Deduction • iii) Association, university, college for the purpose of research in social sciences or statistical research • eligible for 125 % Deduction • In House Research in specified industries eligible for • 200 % Deduction
  • 11. Expenditure for Obtaining License to operate Telecommunication Services U/s 35ABB • Allowed as Deduction equally over the number of years of Validity of Licenses
  • 12. Other Expenditures • 35AC : Expenditure on Eligible Projects • 35CCA : Expenditure for carrying out rural development programmes • 35 CCB : Expenditure for carrying out programmes of conservation of natural resources.
  • 13. Amortisation of • Preliminary Exp deduction is allowed in 5 Years ( Section 35D) • Amortisation of Amalgamation or Demerger in 5 Years (Section 35DD) • Amortisation of VRS Expenses in 5 Years • ( Section 35DDA) • Expenditure on Minerals Prospecting in 10 Years (Section 35E)
  • 14. Other Deduction u/s 36 • i) Insurance premium paid to cover the risk of damage or destruction of Stock • Ii) Bonus or Commission paid to Employees • Iii) Interest on Borrowed Capital • iii) Contribution to Recognised Provident Fund • iv) Contribution to Approved Gratuity Fund • V) Write off of useless or Dead Animals • Vi) Bad Debts • Vii) Expenditure on promotion of Family Planning among employees
  • 15. General Expenses u/s 37 • Conditions to be fulfilled • i) Expenditure should not be in the nature prescribed u/s 30 to 36 • ii) Not a Capital Expenditure • iii) Not Personal Expenditure • iv) for the purpose of Business
  • 16. Advertisement Expenses ( Section 37(2B) • Deduction is not allowed in respect of expenditure incurred by an assessee on advertisement in any souvenir, brochure, tract, pamplet or like published by a political party.
  • 17. Disallowance u/s 40a • Interest Royalty Fees for Professional Services paid outside India without deducting TDS
  • 18. Disallowance us/s 40 a • Payment to Resident without deducting TDs • Following payments are covered • I) Interest • II) commission or Brokerage • III) Rent • Iv) Fees for Technical or Professional Services • V) royalty • VI) Payment to Contractor
  • 19. Disallowance us/s 40 a • Securities Transaction Tax • Fringe Benefit Tax • Income Tax • Wealth Tax • Salary paid outside India without deducting TDS • Provident Fund payment without deducting TDS • Tax on Prequisites paid by the employer
  • 20. Disallowance u./s 40 (b) • Amount not Deductible in case of Partnership Firm • I) Interest exceeding the rate specified in the Partnership Deed or 12 % whichever is lower • II) Remuneration to Partner
  • 21. Remuneration to Partner • Is allowed upto the following limits • First Rs 3,00,000 - 90 % or Rs 1,50000 • which ever is high • Balance - 60 %
  • 22. Disallowance u/s 40 A • Excessive Payment to Relatives • Payment exceeding Rs 20,000 in mode otherwise than Crossed cheque • (Entire amount is disallowed)
  • 23. • Contribution to Non Statutory Funds • Provision for Unapproved Gratuity Fund
  • 24. Section 43 B : Deduction on Payment Basis • Following will be allowed as Deduction on actual paid basis. • Outstanding amount has to be paid before Due Date of Filing of Return of Income. • i) Any Tax, Duty paid to government • ii) Contribution to PF • iii) Bonus or Commission • iv) Interest on Loans from financial • institution • V) Interest on Loans from Scheduled Bank • Vi) Leave Salary to Employees