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PROFITS AND GAINS OF BUSINESS OR PROFESSION

PROFITS AND GAINS OF BUSINESS OR PROFESSION

Discuss PROFITS AND GAINS OF BUSINESS OR PROFESSION within the Taxation and financial services forums, part of the Upload / Download Banking and Insurance Projects and Notes category; PROFITS AND GAINS OF BUSINESS OR PROFESSION STRUCTURE 7.0 Introduction 7.1 Objectives 7.2 Basis of Charge 7.3 Method of Accounting ...

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PROFITS AND GAINS OF BUSINESS OR PROFESSION
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Red face PROFITS AND GAINS OF BUSINESS OR PROFESSION - January 4th, 2008

PROFITS AND GAINS OF BUSINESS
OR PROFESSION

STRUCTURE
7.0 Introduction
7.1 Objectives
7.2 Basis of Charge
7.3 Method of Accounting
7.4 Scheme of Business Deductions
7.5 Specific Deductions
7.5.1 Rent, rates, taxes, repair and insurance of building
7.5.2 Repair and insurance of plant, machinery and furniture
7.5.3 Depreciation
7.5.4 Exceptions to the rule
7.5.5 Scientific research expenditure
7.5.6 Amortization of preliminary expenses
7.5.7 Bonus or commission to employees
7.5.8 Interest on borrowed capital
7.6 General deduction
7.7 Specific Disallowance
7.7.1 Amount not allowable under section 40(a)
7.7.2 Amount not deductible under section 40A (2)
7.7.3 Amount not deductible under section 40A (3)
7.8 Amount not deductible in respect of certain unpaid liabilities
7.9 Presumptive taxation
7.10 Let us sum up
7.11 Glossary
7.12 Self Assessment Exercises
7.13 Further Readings
7.0 INTRODUCTION
The income from business and profession is known as profit and gains. While
calculating the profit and gains, we deduct various expenses from it. The expenses
to be deducted for calculating the gain are defined in the income tax act. Sections
30 to 37 cover expenses, which are expressly allowed as deduction while
computing business income, sections 40, 40A and 43B cover expenses which are
not deductible.
Expenses deductions under section 30 to 37 are of two types. The first is specific
deductions which are covered under section 30 to 35 and second is general
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deductions which are covered under section 36 and 37. Specific deductions are
allowed only to some of the businesses while general deductions are allowed to
all the businesses.
There are certain provisions which allow an assessee to calculate the profit on the
presumptive basis, i.e., the profit is presumed on certain basis. These provisions
are contained under section 44.
7.1 OBJECTIVES
After going through this lesson you should be able to understand:
• Calculation of taxable profit and gains
• Calculation of depreciation
• Various specific deductions allowed
• Various general deductions allowed
• Presumptive taxation provisions
7.2 BASIS OF CHARGE
Under section 28, the following income is chargeable to tax under the head
“Profits and gains of business or profession”:
a. profits and gains of any business or profession;
b. any compensation or other payments due to or received by any person specified
in section 28(ii);
c. income derived by a trade, professional or similar association from specific
services performed for its members;
d. the value of any benefit or perquisite, whether convertible into money or not,
arising from business or the exercise of a profession;
e. export incentive available to exporters;
f. any interest, salary, bonus, commission or remuneration received by a partner
from firm;
g. any sum received for not carrying out any activity in relation to any business or
not to share any know-how, patent, copyright, trademark, etc.;
h. any sum received under a Key man insurance policy including bonus;
i. profits and gains of managing agency; and
j. income from speculative transaction.
Income from the aforesaid activities is computed in accordance with the
provisions laid down in sections 29 to 44D.
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7.3 METHOD OF ACCOUNTING
Income under the heads “Profits and gains of business or profession” and “Income
from other sources” shall be computed in accordance with method of accounting
regularly employed by the assessee.
 There are two main methods of accounting—mercantile system and cash
system.
 In the case of mercantile system, net profit or loss is calculated after taking into
consideration all income and expenditure of a particular accounting year
irrespective of the fact whether income is not received or expenditure is not
actually paid during the accounting period. Therefore, if books of account are kept
by an assessee on the basis of mercantile system, income of a business or
profession, accrued during the previous year, is taxable whether it is received
during the previous year or in a year preceding or following the previous year.
Similarly, expenditure of business or profession, relating to the previous year, is
deductible even if it is not paid during the previous year.
 In the case of cash system of accounting, on the other hand, a record is kept of
actual receipts and actual payments of a particular year. If books of account are
kept by an assessee on the basis of cash system of accounting, income collected
during the previous year is taxable whether it relates to the previous year or a year
preceding or following the previous year. Similarly, expenditure actually paid
during the previous year is deductible irrespective of the fact whether it relates to
the previous year or some other year(s).
7.4 SCHEME OF BUSINESS DEDUCTIONS
Section 28 defines various income which are chargeable to tax under the head
“Profits and gains of business or profession”. Section 29 permits deductions and
allowances laid down by sections 30 to 43D while computing profits or gains of a
business or profession.
7.5 SPECIFIC DEDUCTIONS UNDER THE ACT
Sections 30 to 37 cover expenses, which are expressly allowed as deduction while
computing business income, sections 40, 40A and 43B cover expenses which are
not deductible. The following expenses are expressly allowed as deductions
against profits and gains of business or profession:
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7.5.1 RENT, RATES, TAXES, REPAIRS AND
INSURANCE FOR BUILDING
Under section 30, the following deductions are allowed in respect of rent, rates,
taxes, repairs and insurance for premises used for the purpose of business or
profession:
a. the rent of premises, the amount of repairs (not being capital expenditure), if he
has undertaken to bear the cost of repairs (this is applicable if the assessee has
occupied the property as a tenant);
b. the amount of current repairs (not being capital expenditure) (if the assessee has
occupied the premises otherwise than as a tenant);
c. any sum on account of land revenue, local rates or municipal taxes; and
d. amount of any premium in respect of insurance against risk of damage or
destruction of the premises.
Application of section 43B - Land revenue, local rates or municipal taxes are
deductible subject to the conditions as specified by section 43B.
7.5.2 REPAIRS AND INSURANCE OF MACHINERY,
PLANT AND FURNITURE
The expenditure incurred on current repairs (not being capital expenditure) and
insurance in respect of plant, machinery and furniture used for business purposes
is allowable as deduction under section 31.
7.5.3 DEPRECIATION
Depreciation shall be determined according to the provisions of section 32.
CONDITIONS FOR CLAIMING DEPRECIATION - In order to avail
depreciation, one should satisfy the following conditions:
Condition 1 Asset must be owned by the assessee.
Condition 2 It must be used for the purpose of business or profession.
Condition 3 It should be used during the relevant previous year.
Condition 4 Depreciation is available on tangible as well as intangible
assets.
ASSET SHOULD BE OWNED BY THE ASSESSEE - The asset should be
owned by the assessee or the assessee should be the co-owner of the asset.
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ASSET MUST BE USED FOR THE PURPOSE OF BUSINESS OR PROFESSION
- The asset, in respect of which depreciation is claimed, must have been
used for the purpose of business or profession.
USER OF THE ASSET IN THE PREVIOUS YEAR - The asset, in respect of
which depreciation is claimed, must have been used for the purpose of business.
Normal depreciation (i.e., full year’s depreciation) is available if an asset is put to
use at least for sometime during the previous year. However, depreciation
allowance is limited to 50 per cent of normal depreciation, if the following two
conditions are satisfied—
a. where an asset is acquired during the previous year; and
b. it is put to use for the purpose of business or profession for less than 180 days
during that year.
DEPRECIATION IS AVAILABLE ON TANGIBLE AS WELL AS INTANGIBLE
ASSETS - Under the Income-tax Act, one can claim depreciation in respect
of the following assets—
Tangible assets
Intangible assets acquired after
March 31, 1998
Building, machinery, plant or furniture
Know-how, patents, copyrights, trade
marks, licenses, franchises or any other
business or commercial rights of similar
nature.
Building - “Building” means the superstructure only and does not include site.
Plant - “Plant” includes ships, vehicle, books (including technical know-how
report), scientific apparatus and surgical equipments used for the purpose of
business or profession. It does not include tea bushes or livestock or buildings or
furniture and fittings.
CONSEQUENCES WHEN ABOVE CONDITIONS ARE SATISFIED - If the
above conditions are satisfied, depreciation is available. Depreciation is available
whether or not the assessee has claimed the deduction for depreciation in
computing his total income.
To understand method of computation of depreciation, one must know the
meaning of the following terms:
• Block of assets
• Written down value
• Actual cost
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BLOCK OF ASSETS [SEC. 2(11)] - The term “block of assets” means a group of
assets falling within a class of assets comprising —
a. tangible assets, being buildings, machinery, plant or furniture;
b. intangible assets, being know-how, patents, copyrights, trade marks, licenses,
franchises or any other business or commercial rights of similar nature,
in respect of which the same percentage of depreciation is prescribed.
A taxpayer may have 19 different blocks of assets.
WRITTEN DOWN VALUE [SEC. 43(6)] - Written down value for the assessment
year 2006-07 will be determined as under:
Step 1 Find out the depreciated value of the block on the April 1, 2005.
Step 2 To this value, add “actual cost” of the asset (falling in the block) acquired during the
previous year 2005-06.
Step 3 From the resultant figure, deduct money received/receivable (together with scrap
value) in respect of that asset (falling within the block of assets) which is sold,
discarded, demolished or destroyed during the previous year 2005-06.
 Other points - The following points should be noted—
1. The resulting amount is the written down value of the block of assets on March
31, 2006 relevant for the assessment year 2006-07.
2. The amount of reduction under Step 3 cannot exceed the value of assets
computed under Step 1 and Step 2.
3. One may determine written down value for other assessment years on similar
basis.
4. In some cases, computation of written down value is based upon notional
figures [see problem 91-P6].
5. Under Step 3, only actual money (received or receivable in cash or by cheque
or draft) is deductible. In other words, any other things or benefit (which can be
converted in terms of money) cannot be deducted under Step 3.
CHECK YOUR PROGRESS
Activity A:
Compute the written down value from the following information for the
assessment year 2006-07—
Blocks of asset
Rate of depreciation (per cent) Depreciated value on
April 1, 2005
Rs.
1. Plant A, B and C 15 10,40,000
2. Plant D and E 40 2,60,000
3. Plant F 50 70,000
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4. Building A, B, C and D 10 10,90,600
5. Building E, F and G 5 7,10,200
6. Building H, I, J and K 100 16,90,000
After April 1, 2005, the company purchases the following assets —
Assets Date of purchase Rate of depreciation(per
cent)
Actual cost Rs.
Plant G April 6, 2005 50 6,000
Plant H May 11, 2005 15 18,000
Furniture June 6, 2005 10 56,000
Car July 7, 2005 15 2,56,000
Building L September 26, 2005 5 7,28,700
Computer September 27, 2005 60 90,000
Copyright September 30, 2005 25 17,50,000
The following assets are transferred —
Assets Date of sale Sale consideration
Rs.
Plant B December 20, 2005 25,10,900
Plant D January 31, 2006 12,000
Building L March 6, 2006 6,00,000
SOLUTION: Block 1 - Plant and machinery (rate of depreciation 15%) Rs.
Depreciated value of the block consisting of Plants A, B and C 10,40,000
Add : Actual cost of Plant H and car (+)2,74,000
Total 13,14,000
Less : Sale proceeds of Plant B [although sale proceeds of Plant B is more than
Rs. 13,14,000, amount to be deducted is restricted to Rs. 13,14,000] (–)13,14,000
Written down value of the block consisting of Plants A, C and H on March 31, 2006 Nil
Block 2 - Plant and machinery (rate of depreciation: 40%)
Depreciated value of the block consisting of Plants D and E on April 1, 2005 2,60,000
Less : Sale proceeds of Plant D sold during 2005-06 `
Written down value of the block consisting Plant E on March 31, 2006 2,48,000
Block 3 - Plant and machinery (rate of depreciation: 50%)
Depreciated value of the block consisting of Plant F on April 1, 2005 70,000
Add : Cost of Plant G purchased during 2005-06 6,000
Written down value of the block consisting of Plants F and G on March 31, 2006 76,000
Block 4 - Building (rate of depreciation: 10%)
Depreciated value of the block on April 1, 2005 consisting of Buildings A, B, C and D 10,90,600
Written down value on March 31, 2006 10,90,600
Block 5 - Buildings (rate of depreciation: 5%)
Depreciated value of the block consisting of Buildings E, F and G 7,10,200
` 7,28,700
Less : Sale proceeds of Building L sold during 2005-06 (–)6,00,000
Written down value of the block consisting of Buildings E, F and G on
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March 31, 2006 8,38,900
Block 6 - Building (rate of depreciation: 100%)
Depreciated value of the block consisting of Buildings H, I, J and K on
April 1, 2005 16,90,000
Written down value 16,90,000
Block 7 - Furniture (rate of depreciation: 10%)
Depreciated value on April 1, 2005 Nil
Add : Cost of furniture purchased during 2005-06 56,000
Written down value on March 31, 2006 56,000
Block 8 - Plant (rate of depreciation: 60%)
Depreciated value on April 1, 2005 Nil
Add : Cost of computer purchased during 2005-06 90,000
Written down value on March 31, 2006 90,000
Block 9 - Copyright (rate of depreciation: 25%)
Depreciated value on April 1, 2005 Nil
Add : Cost of copyright purchased during 2005-06 17,50,000
Written down value on March 31, 2006 17,50,000
7.5.4 EXCEPTIONS TO THE RULE
In the cases given below, the above-mentioned rule is not applicable:
Exception
one
If written down value of the block of asset is reduced to
zero, though the block is not empty
Exception
two
If the block of assets is empty or ceases to exist on the last
day of the previous year (though the written down value is
not zero)
Exception
three
If in the first year in which an asset is acquired, it is put to
use for less than 180 days
When the written down value of a block of asset is reduced to zero - No
depreciation is admissible where written down value has been reduced to zero,
though the block of assets does not cease to exist on the last day of the previous
year.
Illustrated 7.1 - On April 1, 2005, depreciated value of a block of assets (rate of
depreciation: 15 per cent) is Rs. 80,000. It consists of Plants A and B. The
assessee purchases Plant C (rate of depreciation: 15 per cent) during the previous
year 2005-06 for Rs. 30,000 and sells Plant A on May 3, 2005 for
Rs. 1,80,000. In this case on March 31, 2006, the assessee has Plant B and Plant C
in the block of the assets, though the written down value of the block is zero. No
depreciation will be admissible for the previous year 2005-06 (i.e., the assessment
year 2006-07) as is evident from the computations given below:
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Rs.
Depreciated value of the block consisting of Plants A and B 80,000
Add : Actual cost of Plant C 30,000
Total 1,10,000
Less : Sale consideration of Plant A [though the plant is sold for Rs. 1,80,000, the
amount of reduction cannot exceed Rs. 1,10,000 ; the difference of Rs. 70,000 is
short-term capital gain under section 50(1)—see para 98.1-3 for detailed
discussion]
1,10,000
Written down value of the block consisting of Plants B and C Nil
Less : Depreciation for the previous year 2005-06 Nil
Depreciated value of the block consisting of Plants B and C on April 1, 2006 Nil
If block of assets ceases to exist - If a block of assets ceases to exist or if all assets
of the block have been transferred and the block of assets are empty on the last
day of the previous year, no depreciation is admissible in such case.
Illustrated 7.2 - X Ltd. owns two plants—Plant A and Plant B—on April 1, 2005
(rate of depreciation: 15 per cent, depreciated value on April 1, 2005: Rs. 2,
37,000). The company purchases Plant C on May 31, 2005 for Rs. 20,000 and
sells Plant A (on April 10, 2005), Plant B (on December 12, 2005) and Plant C
(on March 1, 2006) for Rs. 10,000, Rs. 15,000 and Rs. 24,000, respectively.
Written down value of the block of assets will be determined as under :
Rs.
Depreciated value of the block consisting of Plants A and B 2,37,000
Add : Cost of Plant C 20,000
Total 2,57,000
Less : Sale proceeds of Plants A, B and C 49,000
Written down value of the block (which is empty) 2,08,000
In the aforesaid case, no depreciation is admissible, as the block of assets ceases
to exist on the last day of the previous year. Rs. 2,08,000 will be treated as shortterm
capital loss on sale of Plants A, B and C. Depreciated value of the block on
the first day of the next previous year (i.e., on April 1, 2006) will be taken as nil
(i.e., written down value on March 31, 2006 : Rs. 2,08,000 minus short-term
capital loss : Rs. 2,08,000).
In the case study given above if Plants A, B and C are transferred for a
consideration which is higher than Rs. 2,57,000 (say, Rs. 3,57,000), then no
depreciation will be available and Rs. 1,00,000 shall be taken as short-term capital
gain on sale of Plants A, B and C.
CHECK YOUR PROGRESS
Activity B: Compute depreciation admissible to X for the assessment year 2006-
07 on the basis of the following information:
Plant & Machinery A, B and C – Written Down Value as on April 1, 2005 Rs. 5,
00,000 rate of depreciation 15%. Plant D purchased on June 12, 2005 rate of
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depreciation 15% for Rs. 40,000. Plant A sold on December 8, 2005 for Rs. 1,
60,000.
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7.6.5 EXPENDITURE ON SCIENTIFIC RESEARCH
The term “scientific research” means “any activity for the extension of knowledge
in the fields of natural or applied sciences including agriculture, animal husbandry
or fisheries”. With a view to accelerating scientific research, section 35 provides
tax incentives. Under this section amount deductible in respect of scientific
research may be classified as under:
Expenditure on research carried on by the
assessee
Contribution to outsiders
1. Revenue expenditure under section
35(1)(i)
2. Capital expenditure under section 35(2)
3. Expenditure on an approved in-house
research under section 35(2AB)
1. Contribution to an approved scientific
research association under section 35(1)(ii)/(iii)
2. Payment to National Laboratory under
section 35(2AA)
REVENUE EXPENDITURE INCURRED BY THE ASSESSEE HIMSELF [SEC.
35(1) (i)] - Where the assessee himself carries on scientific research and incurs
revenue expenditure, deduction is allowed for such expenditure only if such
research relates to the business.
Provisions illustrated - Suppose X Ltd. is engaged in the business of manufacture
of paper and it incurs revenue expenses for conducting scientific research for
improving the quality of steel, such expenditure is not deductible, as it is not
related to the business of the taxpayer.
CONTRIBUTION MADE TO OUTSIDERS [SEC. 35(1)(ii)/(iii)] - Where the
assessee does not himself carry on scientific research but makes contributions to
other institutions for this purpose, a weighted deduction is allowed. The amount
of deduction is equal to one and one-fourth times of any sum paid to a scientific
research association or to a university, college or other institution if —
a. the payment is made to an approved scientific research association which has,
as its object, undertaking of scientific research related or unrelated to the
business of the assessee [sec. 35(1) (ii)];
b. the payment is made to an approved university, college or institution for the use
of scientific research related or unrelated to the business of the assessee [sec.
35(1) (ii)]; and
c. the payment is made to an approved university, college or institution for the use
of research for social science or statistical research related or unrelated to the
business of the assessee [sec. 35(1)(iii)].
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Approval under section 35(1) (ii)/ (iii) is given by the Central Government and
not by a prescribed authority.
CAPITAL EXPENDITURE INCURRED BY AN ASSESSEE HIMSELF [SEC.
35(2)] - Where the assessee incurs any expenditure of a capital nature on
scientific research related to his business, the whole of such expenditure incurred
in any previous year is allowable as deduction for that previous year.
One should note the following points —
1. If an assessee incurs capital expenditure on scientific research related to his
business, then deduction is available even if the relevant asset is not put to use for
research and development purposes during the previous year.
2. The above expenses may be on plant or equipment for research or constructing
building (excluding cost of land) for research or expenses of capital nature
connected with research like expenses on purchase of buses to transport research
personnel.
3. Where any capital expenditure has been incurred on scientific research related
to business before the commencement of business, the amount of such
expenditure, incurred within three years immediately preceding the
commencement of the business, is deductible in the previous year in which the
business is commenced [Explanation to section 35(2)(i)].
4. The aforesaid deduction is not available in respect of capital expenditure
incurred on the acquisition of any land.
5. No deduction by way of depreciation is admissible in respect of an asset used in
scientific research.
6. If the asset is sold without having been used for other purposes, surplus (i.e.,
sale price) or deduction already allowed under section 35, whichever is less, is
chargeable to tax as business income of the previous year in which the sale took
place [section 41(3)]. The excess of sale price over cost of acquisition (or indexed
cost of acquisition) is chargeable to tax under section 45 under the head “Capital
gains”.
CONTRIBUTION TO NATIONAL LABORATORY [SEC. 35(2AA)] - The
payment is made to National Laboratory; or University; or Indian Institute of
Technology; or Specified person as approved by the prescribed authority for
undertaking scientific research programme.
AMOUNT OF DEDUCTION - If the aforesaid conditions are satisfied, the
taxpayer is eligible for weighted deduction, which is equal to one and one fourth
times of actual payment. Such contribution, which is eligible for weighted
deduction, is not eligible for any other deduction under the Act.
EXPENDITURE ON IN-HOUSE RESEARCH AND DEVELOPMENT EXPENSES
[SEC. 35(2AB)] - Section 35(2AB) provides for a weighted deduction in respect
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of expenditure on in-house research and development expenses subject to the
following conditions—
1. The taxpayer is a company.
2. It is engaged in the specified business.
3. It incurs any expenditure on scientific research and such expenditure is of
capital nature or revenue nature (not being expenditure in the nature of cost of any
land and building).
4. The above expenditure is incurred on in-house research and development
facility up to March 31, 2007.
5. The research and development facility is approved by the prescribed authority.
6. The taxpayer gets audit of the accounts maintained for such a facility.
 Amount of deduction - If all the above conditions are satisfied, then a sum
equal to one and one-half times of the expenditure so incurred shall be allowed as
deduction.
7.6.6 AMORTISATION OF PRELIMINARY EXPENSES
Certain preliminary expenses are deductible under section 35D.
WHO CAN CLAIM DEDUCTION - Deduction under section 35D is available in
case of an Indian company or a resident non-corporate assessee. A foreign
company even if it is resident in India, cannot claim any deduction under section
35D.
TIME AND PURPOSE OF PRELIMINARY EXPENSES - Expenses incurred at the
following two stages are qualified for deduction under section 35D —
When expenses are incurred Why expenses are incurred
1. Before commencement of business For setting up any undertaking or business
2. After commencement of business In connection with extension of an industrial
undertaking or in connection with setting up a new
industrial unit
Note - Deduction under section 35D is not available in respect of expenditure
incurred after commencement of business if such expenditure is incurred in
connection with extension of (or setting up) a non-industrial undertaking.
QUALIFYING EXPENDITURE -The heads of qualifying expenditure are the
following —
 Expenditure in connection with preparation of feasibility report, preparation of
project report, conducting a market survey (or any other survey necessary for the
business of the assessee), etc.
 Legal charges for drafting any agreement.
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 Legal charges for drafting the memorandum and articles of association.
 Printing expenses of the memorandum and articles of association.
 Registration fees of a company under the provisions of the Companies Act.
 Expenses in connection with the public issue of shares or debentures of a
company, underwriting commission, brokerage and charges for drafting, typing,
printing and advertisement of the prospectus.
 Any other expenditure, which is prescribed.
QUALIFYING EXPENDITURE - MAXIMUM CEILING - The aggregate
expenditure cannot exceed the following—
In the case of a corporate assessee In the case of a non-corporate assessee
a. 5 per cent of cost of project; or
b. 5 per cent of capital employed, whichever is more
5 per cent of cost of project
 Cost of project - It means the actual cost (or additional cost incurred after
commencement of business in connection with extension or setting up an
industrial undertaking) of fixed assets, namely, land, buildings, leaseholds, plant,
machinery, furniture, fittings and railway sidings (including expenditure on
development of land and buildings), which are shown in the books of the assessee
as on the last day of the previous year in which the business of the assessee
commences.
 Capital employed in the business of a company - It means the aggregate of the
issued share capital, debentures and long-term borrowings, as on the last day of
the previous year in which the business of the company commences.
AMOUNT OF DEDUCTION - One-fifth of the qualifying expenditure is
allowable as deduction in each of the five successive years beginning with the
year in which the business commences, or as the case may be, the previous year in
which extension of the industrial undertaking is completed or the new industrial
unit commences production or operation.
7.6.7 BONUS OR COMMISSION TO EMPLOYEES
Bonus or commission paid to an employee is allowable as deduction subject to
certain conditions:
 Admissible only if not payable as profit or dividend - One of the conditions is
that the amount payable to employees as bonus or commission should not
otherwise have been payable to them as profit or dividend..
 Deductible on payment basis - Bonus or commission is allowed as deduction
only where payment is made during the previous year or on or before the due date
of furnishing return of income under section 139.
102
7.6.8 INTEREST ON BORROWED CAPITAL
Interest on capital borrowed is allowed as deduction if the following conditions
are satisfied —
Condition one The assessee must have borrowed money.
Condition two The money so borrowed must have been used for the purpose of business.
Condition three Interest is paid or payable on such borrowing.
7.6 GENERAL DEDUCTION
Section 37(1) is a residuary section. In order to claim deduction under this section, the following
conditions should be satisfied:
Condition one The expenditure should not be of the nature described under sections 30 to
36.
Condition two It should not be in the nature of capital expenditure.
Condition three It should not be personal expenditure of the assessee.
Condition four It should have been incurred in the previous year.
Condition five It should be in respect of business carried on by the assessee.
Condition six It should have been expended wholly and exclusively for the purpose of
such business.
Condition seven It should not have been incurred for any purpose, which is an offence or is
prohibited by any law.
Activity 2: Are the following expenses allowable as deduction under section
37(1):
1. Litigation expenses for official purposes.
2. Expenses relating to purchase of stationary for official purpose.
3. Interest on loan taken for the purpose of paying income-tax.
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7.7 SPECIFIC DISALLOWANCE
The following expenses given by sections 40, 40A and 43B are expressly
disallowed by the Act while computing income chargeable under the head
“Profits and gains of business or profession”.
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7.7.1 AMOUNT NOT DEDUCTIBLE UNDER SECTION
40(a)
In the case of any assessee, the following expenses are expressly disallowed under
section 40(a):
INTEREST, ROYALTY, FEES FOR TECHNICAL SERVICES PAYABLE TO A
NON-RESIDENT [SEC. 40(a) (i)] - Disallowance under section 40(a) (i) is
attracted if the following conditions are satisfied:
Condition one The amount paid is interest (not being interest on any loan issued for public
subscription before April 1, 1938), royalty, fees for technical services or
other sum.
Condition two The aforesaid amount is chargeable to tax under the Act in the hands of the
recipient.
The aforesaid amount is paid/payable as follows—
Situation Place of payment To whom it is
paid/payable
Situation 1 Outside India To a resident or nonresident
Condition three
Situation 2 In India To a non-resident or
foreign company
Condition four In respect of the aforesaid, tax is deductible but tax has not been deducted;
or tax has been deducted but after deduction it has not been paid to the
Government in the previous year [or in a subsequent year before the expiry
of time given under section 200(1)]
CONSEQUENCES IF THE ABOVE CONDITIONS ARE SATISFIED - If the
above conditions are satisfied, the aforesaid expenditure is not deductible.
CONSEQUENCES IF TAX IS DEDUCTED SUBSEQUENTLY - If tax is
deducted/paid subsequently, then deduction is available in some cases.
COMPLIANCE OF TDS PROVISIONS IN CASE OF A RESIDENT [SEC. 40(a)
(ia)] - Section 40(a) (ia) is applicable from the assessment year 2005-06 if the
following conditions are satisfied—
1. It covers interest, commission or brokerage, fees for technical services, fees for
professional services and payment to contractors/ sub-contractors.
2. In the above cases recipient is resident in India.
3. In respect of the aforesaid—
a. tax is deductible but tax has not been deducted; or
104
b. tax has been deducted but after deduction it has not been paid to the
Government in the previous year [or in a subsequent year before the expiry of
time given under section 200(1)].
CONSEQUENCES IF THE ABOVE CONDITIONS ARE SATISFIED - If the
above conditions are satisfied, the aforesaid expenditure is not deductible with
effect from assessment year 2005-06.
CONSEQUENCES IF TAX IS DEDUCTED SUBSEQUENTLY - If tax is
deducted/paid subsequently, then deduction is available in some cases. The same
is explained in the table given below—
Different situations Deductible in which year
 If in respect of expenses mentioned above, (a) tax has
been deducted under the relevant sections, and (b) paid to the
Government in the same year and before the expiry of time
limit given under section 200(1)
Deductible in the year in which
the liability to pay interest,
commission, brokerage, etc.,
is incurred
 If in respect of expenses mentioned above , (a) tax has
been deducted under the relevant sections, and (b) paid to the
Government in the same financial year but after the expiry of
time limit given under section 200(1)
Deductible in the year in which
the liability to pay interest,
commission, etc. is incurred
 If in respect of expenses mentioned above, (a) tax has
been deducted under the relevant sections, and (b) paid to the
Government in the subsequent year but before the expiry of
time limit given in section 200(1)
Deductible in the year in which
the liability to pay interest,
commission, brokerage, etc.,
is incurred
 If in respect of expenses mentioned above, (a) tax has
been deducted under the relevant sections, and (b) paid to the
Government in a subsequent year [but after the expiry of timelimit
given in section 200(1)]
Deductible in the year in which
tax has been paid
 If in respect of expenses mentioned above, (a) tax has not
been deducted, or (b) tax has been deducted but not paid to the
Government
Not deductible
PROVISIONS ILLUSTRATED - To have better understanding, the following
illustrations are given—
Nature of
payment
(liability
incurred
during the
financial
year 2005-06)
Date on
which tax
is
supposed
to be
deducted
Actual date
of tax
Deduction
When tax
should be
deposited
under
section
200(1)
Actual date
of tax
deposit
Previous
year in
which it is
deductible
Interest June 26,
2005
June 26,
2005
July 7,
2005
July 7,
2005
2005-06
105
Technical fees July 26,
2005
July 26,
2005
August 7,
2005
Sep. 2,
2005
2005-06
Commission March 31,
2006
March 31,
2006
May 31,
2006
May 31,
2006
2005-06
Professional
fees
March 31,
2006
March 31,
2006
May 31,
2006
June 1,
2006
2006-07
Brokerage May 16,
2005
May 16,
2005
June 7,
2005
Not deposited
Not
deductible
Payment to
contractor
Dec. 1,
2005
Not
deducted
Jan. 7,
2006
Not
deposited
Not
deductible
Interest June 10,
2005
April 20,
2006
July 7,
2005
July 20,
2008
2008-09
SECURITIES TRANSACTION TAX [SEC. 40(a) (ib)] - Securities transaction tax
is not deductible while calculating business income.
FRINGE BENEFIT TAX [SEC. 40(a) (ic)] - Fringe benefit tax is not deductible
while calculating business income from the assessment year 2006-07.
INCOME-TAX [SEC. 40(a) (ii)] - Any sum paid on account of income-tax (i.e.,
any rate or tax levied on the profits or gains of any business or profession) is not
deductible. Similarly, any interest/penalty/fine for non-payment or late payment
of income-tax is not deductible. This rule is applicable whether income-tax is
payable in India or outside India.
WEALTH-TAX [SEC. 40(a)(iia)] - Any sum paid on account of wealth-tax under
the Wealth-tax Act, 1957, or tax of a similar nature chargeable under any law
outside India is not deductible.
SALARY PAYABLE OUTSIDE INDIA WITHOUT TAX DEDUCTION [SEC. 40(a)
(iii)] - Section 40(a) (iii) is applicable if the following conditions are satisfied—
Condition one The payment is chargeable under the head “Salaries” in the hands of the
recipient.
It is payable—
a. outside India (to any person resident or non-resident); or
Condition two
b. in India to a non-resident.
Condition three Tax has not been paid to the Government nor deducted at source under the
Income-tax Act.
If the aforesaid conditions are satisfied, then the payment is not allowed as
deduction.
106
Illustrated 7.3 - The following illustration is given in respect of salary payable
for the previous year 2005-06 by a company to (a) any person outside India or (b)
a non-resident in India—
Amount Rs. Date on
which tax is
supposed to
be deducted
(i.e., the date
of salary
payment)
Actual date of
tax deduction
When tax
should be
deposited
under section
200(1)
Actual date
of tax deposit
Previous
year in
which
salary
payment is
deductible
40,000 July 31,
2005
July 31, 2005 August 7,
2005
November
10, 2005
2005-06
90,000 March 31,
2006
March 31,
2006
April 7, 2006 April 7,
2006
2005-06
1,60,000 March 31,
2006
March 31,
2006
April 7, 2006 April 12,
2006
2005-06
70,000 March 31,
2006
Not deducted April 7, 2006 April 12,
2006
2005-06
75,000 March 31,
2006
March 31,
2006
April 7, 2006 Not deposited
2005-06
95,000 March 31,
2006
Not deducted April 7, 2006 Not deposited
Not
deductible
PROVIDENT FUND PAYMENT WITHOUT TAX DEDUCTION AT
SOURCE [SEC. 40(a) (iv)] - Any payment to a provident fund (or other fund
established for the benefit of employees of the assessee) is not deductible if the
assessee has not 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”.
TAX ON PERQUISITE PAID BY THE EMPLOYER [SEC. 40(a) (v)] -
The provisions of section 40(a) (v) are given below—
1. The employer provides non-monetary perquisites to employees.
2. Tax on non-monetary perquisites is paid by the employer.
3. The tax so paid by the employer is not taxable in the hands of employees by
virtue of section 10(10CC).
4. While calculating income of the employer, the tax paid by the employer on
non-monetary perquisites is not deductible under section 40(a) (v).
7.7.2 AMOUNT NOT DEDUCTIBLE IN RESPECT OF
PAYMENT TO RELATIVES
107
Any expenditure incurred by an assessee in respect of which payment has been
made to the specified persons is liable to be disallowed in computing business
profit to the extent such expenditure is considered to be excessive or unreasonable,
having regard to the fair market value of goods or services or facilities,
etc.
As per section 2(41), the term relative in relation to an individual means husband,
wife, brother or sister or any lineal ascendant or descendant of that individual.
7.7.3 AMOUNT NOT DEDUCTIBLE IN RESPECT OF
EXPENDITURE NOT EXCEEDING RS. 20,000
The provisions of section 40A (3) are given below -
RULE - The following conditions should be satisfied -
Condition one The assessee incurs any expenditure, which is otherwise
deductible under the other provisions of the Act for computing
business/profession income (e.g., expenditure for purchase of
raw material, trading goods, expenditure on salary, etc.). The
amount of expenditure exceeds Rs. 20,000.
Condition two A payment in respect of the above expenditure (or part thereof)
exceeds Rs. 20,000.
Condition
three
The payment mentioned in condition two is made in cash or by
bearer cheque (i.e., not by crossed cheque or crossed demand
draft).
If all the above conditions are satisfied, then 20 per cent of such payment is not
allowable as deduction. However there are certain exceptions to the above rule.
7.8 AMOUNT NOT DEDUCTIBLE IN RESPECT
OF CERTAIN UNPAID LIABILITIES
Section 43B is applicable only if the taxpayer maintains books of account on the
basis of mercantile system of accounting. The provisions of section 43B are given
below—
GENERAL RULE - CERTAIN EXPENSES ARE DEDUCTIBLE ON PAYMENT
BASIS - The following expenses (which are otherwise deductible under the other
provisions of the Income-tax Act) are deductible on payment basis—
a. any sum payable by way of tax, duty, cess or fee (by whatever name called
under any law for the time being in force);
b. any sum payable by an employer by way of contribution to provident fund or
superannuation fund or any other fund for the welfare of employees;
108
c. any sum payable as bonus or commission to employees for service rendered;
d. any sum payable as interest on any loan or borrowing from a public financial
institution (i.e., ICICI, IFCI, IDBI, LIC and UTI) or a state financial
corporation or a state industrial investment corporation;
e. interest on any loan or advance taken from a scheduled bank including a cooperative
bank;
and
f. any sum payable by an employer in lieu of leave at the credit of his employee.
The above expenses are deductible in the year in which payment is actually made.
EXCEPTION - WHEN DEDUCTIBLE ON ACCRUAL BASIS - The exception is
applicable if the following two conditions are satisfied—
Condition one Payment in respect of the aforesaid expenses is actually made
on or before the due date of submission of return of income1.
Condition two The evidence of such payment is submitted along with the
return of income.
If the above two conditions are satisfied and if the assessee maintains books of
account on mercantile basis, then the expenditure is deductible on “accrual” basis
in the year in which the liability is incurred.
BROAD CONCLUSIONS - The cumulative impact of the rule and exception
stated above is presented in the table given below—
Date of payment
In which year it
is deductible
Basis of
deduction—
payment
or accrual
 Situation one - If the payment in
respect of the aforesaid sums is made
during the relevant previous year (i.e.,
the year in which the liability is incurred)
In the year in
which the payment
is made
Payment
basis
 Situation two - If the payment in
respect of the aforesaid sums is made after
the end of relevant previous year (i.e., the
year in which the liability is incurred) but on
or before the due date of submission of
return of income1 for that year and the
proof of deposit is submitted along with the
return of income
In the relevant
previous year
on accrual basis
(i.e., the year in
which the liability
is
incurred)
Accrual
basis
 Situation three - If the payment is made
at any other time (not being covered by the
above situations)
In the year in
which the
payment is
made
Payment
basis
109
 Situation four - If the payment is not
made at all
Not deductible Not
deductible
Illustrated 7.4 - X Ltd. maintains books of account on mercantile basis. For the
previous year 2005-06 (i.e., the assessment year 2006-07), interest on term loan
taken from Punjab National Bank is Rs. 1,95,000. The amount is paid as
follows—
Date of payment Amount
Rs.
May 2, 2005 25,000
November 20, 2005 20,000
August 16, 2006 25,000
December 5, 2006 30,000
June 12, 2007 35,000
November 2, 2007 40,000
Not paid so far 20,000
As the expenditure is covered by section 43B, it is deductible on payment basis in
the year in which payment is made. However, if the payment is made on or before
the due date of submission of return of income for the assessment year 2006-07
(i.e., on or before October 31, 2006) and the evidence of payment is submitted
along with the return of income, then such payment is deductible on accrual basis
for the previous year 2005-06. Consequently, these payments are deductible as
follows:
Date of
payment
Amount
Rs.
Previous
year in
which
deductible
Reasons
May 2, 2005 25,000 2005-06 Payment made during the relevant
year is deductible in that year
(Situation one in the table given
above)
November
20, 2005
20,000 2005-06 Payment made during the relevant
year is deductible in that
year (Situation one in the table given
above)
August 16,
2006
25,000 2005-06 Payment made after the end of the
relevant year but on or
before the due date of submission of
return of income (i.e., October 31,
2006) is deductible in the year in
which the liability is incurred
110
(Situation two in the table given
above)
December 5, 30,000 2006-07 Payment made after the due date of
submission of return of
2006 income (i.e., made after October 31,
2006) is deductible in the year in
which the payment is made (Situation
three in the table given above)
June 12,
2007
35,000 2007-08 Payment made after the due date of
submission of return of income (i.e.,
made after October 31, 2006) is
deductible in the year in which the
payment is made (Situation three in
the table given above)
November
2,
2007
40,000 2007-08 Payment made after the due date of
submission of return of income (i.e.,
made after October 31, 2006) is
deductible in the year in which the
payment is made (Situation three in
the table given above)
Not paid 20,000 Not
deductible
Not deductible as the payment is not
made (Situation four in the table
given above)
7.9 PRESUMTIVE TAXATION
What are the special provisions for computing income on estimated basis under
sections 44AD, 44AE and 44AF
These provisions are given below—
Computation of income on estimated basis in the case of taxpayers engaged in
the business of civil construction [Sec. 44AD] - The provisions of section 44AD
are given below—
WHO IS COVERED BY THE SCHEME OF SECTION 44AD - Section 44AD is
applicable only if the following conditions are satisfied—
Condition 1 The taxpayer may be an individual, HUF, AOP, BOI, firm,
company, co-operative society or any other person. He or it may
be a resident or a non-resident.
Condition 2 The taxpayer is engaged in the business of civil construction or
supply of labour for civil construction work. The taxpayer may
be a contractor or sub-contractor.
Condition 3 Gross receipts from the above business do not exceed Rs. 40
111
lakh.
CONSEQUENCES IF SECTION 44AD IS APPLICABLE - If the aforesaid three
conditions are satisfied, then section 44AD is applicable. The following are the
consequences if section 44AD is applicable—
INCOME TO BE CALCULATED ON ESTIMATED BASIS @ 8 PER CENT -
The income from the above-mentioned business is estimated at 8 per cent of the
gross receipts paid or payable to a taxpayer. A taxpayer can voluntarily declare a
higher income in his return.
RATE OF 8 PER CENT IS COMPREHENSIVE - All deductions under sections
30 to 38 including depreciation, are deemed to have been already allowed and no
further deduction is allowed under this section.
After calculating income in accordance with the aforesaid provisions, one has to
follow the following steps—
Step 1 The income as calculated above will be aggregated with income of the
assessee from any other business or under other heads of income in
accordance with the normal provisions of the Income-tax Act.
Step 2 The brought forward business losses and other losses shall be deducted
according to the normal provisions of the Income-tax Act.
Step 3 All deductions permissible under sections 80C to 80U shall be
allowed.
Step 4 Tax on net income shall be calculated according to the normal
provisions.
PROVISIONS FOR MAINTENANCE OF BOOKS OF
ACCOUNT/COMPULSORY AUDIT - NOT APPLICABLE - The following
privileges are available to a taxpayer who declares his income from the aforesaid
business at the rate of 8 per cent of gross receipts (or at a higher rate)—
Privilege 1 He is not required to maintain books of account according to the
provisions of section 44AA in respect of the aforesaid business.
Privilege 2 He is not required to get his books of account audited under
section 44AB in respect of the aforesaid business.
It may be noted that the above privileges are available only in respect of the
aforesaid business. Even such an assessee has to comply with the requirements of
both sections 44AA and 44AB in respect of his business, which are not covered
by this scheme.
Provisions illustrated - A person has gross receipts of Rs. 30 lakh from civil
construction business and of Rs. 25 lakh from trading in scrap. Although his total
gross receipts are Rs. 55 lakh, he will not be required to have his accounts
audited, since his gross receipts after excluding those from the business of civil
construction are still less than Rs. 40 lakh, the limit provided in section 44AB.
IS IT POSSIBLE TO DECLARE LOWER INCOME - A taxpayer can declare his
income to be lower than the deemed profits and gains as stated above. The
112
following consequences are applicable if the taxpayer declares his income, which
is lower than the deemed profits and gains as stated above—
Consequence 1 The taxpayer will have to maintain the books of account as
per section 44AA (irrespective of income or turnover).
Consequence 2 The taxpayer will have to get his books of account audited
under section 44AB (irrespective of turnover).
Illustrated 7.5 X & Co., a firm, is engaged in the business of civil construction
(turnover of 2005-06 being Rs. 37,80,000). It wants to claim the following
deduction —
Rs.
Salary and interest to partners [as permitted by section 40(b)] 6 0 , 0 0 0
Salary to employees 4,90,000
Depreciation 2,70,000
Cost of material used 25,90,000
Other expenses 3,45,000
Total 37,55,000
Net profit (Rs. 37,80,000 minus Rs. 37,55,000) 25,000
Determine the net income of X & Co. for the assessment year 2006-07
assuming that (a) taxable income from other business is Rs.1,90,000, (b) longterm
capital gain is Rs. 40,000 and (c) the firm is eligible for a deduction of Rs.
5,000 under section 80G.
SOLUTION : Rs.
Income from the business of civil construction (8% of Rs.
37,80,000)
3,02,400
Less : Expenses
Salary/interest paid to partners as permitted by section 40(b) 6 0 , 0 0 0
Other expenses [except salary/interest to partners in the case a firm,
no other expenditure is deductible]
Nil
Income from civil construction 2,42,400
Other business income 1,90,000
Profits and gains from business or profession 4,32,400
Capital gains 40,000
Gross total income 4,72,400
Less : Deductions under sections 80C to 80U 5 , 0 0 0
Net income 4,67,400
Computation of income on estimated basis in the case of taxpayers engaged in
the business of plying, leasing or hiring trucks [Sec. 44AE] - The provisions of
section 44AE are given below—
113
WHO IS COVERED BY THE SCHEME OF SECTION 44AE - Section 44AE is
applicable only if the following conditions are satisfied—
Condition 1 The taxpayer may be an individual, HUF, AOP, BOI, firm,
company, co-operative society or any other person. He or it may
be a resident or a non-resident.
Condition 2 Taxpayer is engaged in the business of plying, hiring or leasing
goods carriages.
Condition 3 The taxpayer owns not more than 10 goods carriages at any time
during the previous year.
CONSEQUENCES IF SECTION 44AE IS APPLICABLE - If the aforesaid
conditions are satisfied then section 44AE is applicable. The following are the
consequences if section 44AE is applicable:
INCOME TO BE CALCULATED ON ESTIMATED BASIS - Income from the
aforesaid business shall be calculated as follows:
Type of goods carriage Estimated income
Heavy goods vehicle Rs. 3,500 for every month (or part of
a month) during which the goods
carriage is owned by the taxpayer.
Other than heavy goods vehicle Rs. 3,150 for every month (or part of
a month) during which the goods
carriage is owned by the taxpayer.
ESTIMATED INCOME IS COMPREHENSIVE - All deductions under sections
30 to 38 including depreciation, are deemed to have been already allowed and no
further deduction is allowed under this section.
After calculating income in accordance with the aforesaid provisions, one has to
follow the following steps—
Step 1 It will be aggregated with income of the assessee from any other
business or under other heads of income in accordance with the normal
provisions of the Income-tax Act.
Step 2 The brought forward business losses and other losses shall be deducted
according to the normal provisions of the Income-tax Act.
Step 3 All deductions permissible under sections 80C to 80U shall be
allowed.
Step 4 Tax on net income shall be calculated according to the normal
provisions.
114
PROVISIONS FOR MAINTENANCE OF BOOKS OF
ACCOUNT/COMPULSORY AUDIT - NOT APPLICABLE - The following
privileges are available to a taxpayer who declares his income from the aforesaid
business at the rate given above (or at a higher rate)—
Privilege
1
He is not required to maintain books of account according to the
provisions of section 44AA in respect of the aforesaid business.
Privilege
2
He is not required to get his books of account audited under section
44AB in respect of the aforesaid business.
It may be noted that the aforesaid privileges are available only in respect of the
aforesaid business. Even such an assessee has to comply with the requirements of
both sections 44AA and 44AB in respect of his business, which are not covered
by this scheme.
IS IT POSSIBLE TO DECLARE LOWER INCOME - A taxpayer can declare his
income to be lower than the deemed profits and gains as stated above. In such
cases, the following consequences should be noted—
Consequence 1 The taxpayer will have to maintain the books of account as
per section 44AA (irrespective of income or turnover).
Consequence 2 The taxpayer will have to get his books of account audited
under section 44AB (irrespective of turnover).
Illustrated 7.6 X Ltd. is engaged in the business of carriage of goods. On April 1,
2005, it owns 10 trucks (6 out of which are “heavy goods vehicle”). On May 6,
2005, one of the heavy goods vehicles is sold by X Ltd. to purchase a light goods
vehicle on May 10, 2005 which is put to use only from June 17, 2005.
Find out the net income of X Ltd. for the assessment year 2006-07 taking into
consideration the following data —
Rs.
Freight collected 8,90,000
Less :
Operational expenses 6,40,000
Depreciation as per section 32 1,90,000
Other office expenses 15,000
Net profit 45,000
Other business/non-business income 70,000
SOLUTION: Income shall be computed under section 44AE as follows —
Trucks owned by X Ltd.
115
Type of carriage Period during which trucks are
owned
Number of
months
(including
a part
of month)
Rate
per
month
Amount
[(1) ×
(3)
× (4)]
(1) (2) (3) (4) (5)
4 Light goods vehicles April 1, 2005 to March 31, 2006 12 3,150 1,51,200
1 Heavy goods vehicle April 1, 2005 to May 6, 2006 2 3,500 7,000
5 Heavy goods vehicles April 1, 2005 to March 31, 2006 12 3,500 2,10,000
1 Light goods vehicle May 10, 2005 to March 31, 2006 11 3,150 34,650
Total 4,02,850
Computation of income — Rs.
Income from carriage of goods 4,02,850
Other income 70,000
Net income 4,72,850
Scheme for computing profits and gains of retail traders [Sec. 44AF] - The
provisions of section 44AF are given below—
WHO IS COVERED BY THE SCHEME OF SECTION 44AF - Section 44AF is
applicable only if the following conditions are satisfied—
Condition 1 The taxpayer may be an individual, HUF, AOP, BOI, firm, company, cooperative
society or any other person. He or it may be a resident or a nonresident.
Condition 2 The taxpayer is engaged in the business of retail trade in any goods or
merchandise.
Condition 3 Total turnover from the above business does not exceed Rs. 40 lakh.
CONSEQUENCES IF SECTION 44AF IS APPLICABLE - If the aforesaid three
conditions are satisfied then section 44AF is applicable. The following are the
consequences if section 44AF is applicable:
INCOME TO BE CALCULATED ON ESTIMATED BASIS @ 5 PER CENT -
The income from the above-mentioned business is estimated at 5 per cent of the
total turnover. A taxpayer can voluntarily declare a higher income in his return.
RATE OF 5 PER CENT IS COMPREHENSIVE - All deductions under sections
30 to 38 including depreciation, are deemed to have been already allowed and no
further deduction is allowed under this section.
After calculating income in accordance with the aforesaid provisions one has to
follow the following steps—
Step 1 It will be aggregated with income of the assessee from any other business or under
other heads of income in accordance with the normal provisions of the Income-tax
Act.
Step 2 The brought forward business losses and other losses shall be deducted according to
116
the normal provisions of the Income-tax Act.
Step 3 All deductions permissible under sections 80C to 80U shall be allowed.
Step 4 Tax on net income shall be calculated according to the normal provisions.
PROVISIONS FOR MAINTENANCE OF BOOKS OF
ACCOUNT/COMPULSORY AUDIT - NOT APPLICABLE - The following
privileges are available to a taxpayer who declares his income from the aforesaid
business at the rate of 5 per cent of gross receipts (or at a higher rate)—
Privilege 1 He is not required to maintain books of account according to the provisions of
section 44AA in respect of the aforesaid business.
Privilege 2 He is not required to get his books of account audited under section 44AB in
respect of the aforesaid business.
It may be noted that the aforesaid privileges are available only in respect of the
aforesaid business. Even such an assessee has to comply with the requirements of
both sections 44AA and 44AB in respect of his business, which are not covered
by this scheme.
Provisions illustrated - A person has gross receipts of Rs. 30 lakh from the
business of retail trade and Rs. 35 lakh from wholesale trading in paper.
Although his total gross receipts are Rs. 65 lakh, he will not be required to have
his accounts audited, since his gross receipts after excluding those from the
business of retail trade are still less than Rs. 40 lakh, the limit provided in
section 44AB.
IS IT POSSIBLE TO DECLARE LOWER INCOME - A taxpayer can declare his
income to be lower than the deemed profits and gains as stated above. In such
cases, the following consequences should be noted—
Consequence 1 The taxpayer will have to maintain the books of account as per section
44AA (irrespective of income or turnover).
Consequence 2 The taxpayer will have to get his books of account audited under section
44AB (irrespective of turnover).
Illustrated 7.7 Find out the net income in the cases of X (age : 24 years) and Y
(age : 32 years) (both are resident retail traders at Delhi) for the assessment
year 2006-07 from the following data —
X Y
Rs. Rs.
Sales turnover 40,00,000 6 0,00,000
Less : Expenses
Cost of goods sold 36,00,000 5 4,00,000
Depreciation 10,000 15,000
Other expenses 3,20,000 4,80,000
Business income 70,000 1,05,000
117
Other income 15,000 30,000
Public provident fund contribution 30,000 60,000
SOLUTION : In the case of X income shall be computed under section 44AF as his turnover does
not exceed Rs. 40 lakh. In the case of Y, however, the normal provisions of the Act will be
applicable —
X Y
Rs. Rs.
Business income [5% of Rs. 40 lakh in the case of X] 2,00,000 1,05,000
Other income 15,000 30,000
Gross total Income 2,15,000 1,35,000
Less : Deduction under section 80C 30,000 60,000
Net income 1,85,000 75,000
Tax 12,000 Nil
Add : Surcharge (surcharge is not applicable if net income does not
exceed Rs. 10 lakh)
Nil Nil
Total 12,000 Nil
Add : Education cess (2% of tax and surcharge) 240 Nil
Total tax liability 12,240 Nil
7.10 LET US SUM UP
This Chapter provides the method for computing income under the head profits
and gains from business or profession. The method of accounting regularly
employed by the assessee is relevant for the purpose of computing such income.
While sections 30 to 37 specify the various allowances or deductions available,
section 40, 40A and 43B specify explicitly as to what is not allowable as
deduction.
7.11 GLOSSARY
Passive versus active user - The user of the asset should be understood in a wide
sense so as to embrace passive as well as active user. If a machine is kept ready
for use at any moment in a particular factory, the machinery can be said to be
“used” for the purpose of the business which earns profits, although in fact it has
not worked during the year. Assets used partly for business purposes - Under
section 38(2) where any building, machinery, plant or furniture is not exclusively
used for the purposes of the business or profession, the deduction under section
32(1) shall be restricted to a fair proportionate part thereof which the Assessing
Officer may determine, having regard to the user of such building, machinery,
plant or furniture for the purposes of the business or profession.
Residential quarters - When occupation of residential quarters by the assessees
employees is subservient to and necessary for the business, the property is
considered as occupied by owner for the purpose of his business. Depreciation is,
therefore, allowable on such buildings. Similarly, fans, air-conditioners,
118
refrigerators, furniture, etc., provided by the assessee-employer at the quarters of
employees is considered to have been used wholly for the purpose of employer’s
business and depreciation is admissible.
7.12 SELF ASSESSMENT EXERCISES
1. From the Profit and Loss Account of X (age : 31 years) for the year ending
March 31, 2006, ascertain his total income and tax liability for the assessment
year 2006-07 :
Rs. Rs.
General expenses 13,400 Gross profits 3,64,500
Bad debts 22,000 Commission 8,600
Advance tax 21,000 Brokerage 37,000
Insurance 600 Sundry receipts 2,500
Salary to staff 26,000
Salary to X 32,000
Interest on overdraft 4,000
Interest on loan to
Mrs. X 42,000
Interest on capital of
X 23,000
Depreciation 48,000
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expenditure 7,000
Contribution to RPF
Net profit 1,60,600
4,12,600 4,12,600
Other information:
The amount of depreciation allowable is Rs. 37,300 as per the Income-tax Rules.
5. General expenses include (a) Rs. 500 given to Mrs. X for arranging a party in
honor of a friend who has recently come from Canada.
2. X (age: 26 years), a leading tax consultant, who maintains books of account on
cash basis furnishes the following particulars of income and expenditure for the
assessment year 2006-07:
Receipt and Payment Account for the year ending March 31, 2006
Rs. Rs.
Balance brought down 3,83,400 Purchase of a typewriter 6,000
Fees from clients: Car expenses 18,000
 of 2006-07 2,30,500 Office expenses 40,000
of 2005-06 11,500 Salary to staff:
 of 2007-08 13,000 Uof 2006-07 32,000
119
Presents from clients 24,000 Uof 2007-08 11,000
Repairs of office 12,000
Interest on loan 10,000
Income-tax payment 2,000
Life insurance premium 8,000
Balance credit down 5,23,400
6,62,400 6,62,400
Car is partly used for official purposes (40%) and partly for private purposes
(60%).
Determine the taxable income and tax liability of X for the assessment year 2006-
07.
7.13 FURTHER READINGS AND SOURCES
Income-tax Act, 1961, Taxmann Publications Pvt. Ltd., New Delhi (latest edition).
Singhania, Vinod. K. and Monica Singhania, Students Guide to Income-tax,
Taxmann Publications Pvt.Ltd., New Delhi (latest edition).
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Red face Re: PROFITS AND GAINS OF BUSINESS OR PROFESSION - March 23rd, 2009

hi.
this project helped me a lot thanks.
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Re: PROFITS AND GAINS OF BUSINESS OR PROFESSION - May 20th, 2009

thanks man for this

i really needed it.

it is really helpful ..
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Pls post the word file.......................
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