際際滷

際際滷Share a Scribd company logo

Lecture 12 income from business and profession

Download as DOC, PDF
S
sumit235

This document discusses income that is taxable under the head "profits and gains from business or profession" in India. It notes that income from any trade, commerce, manufacture, adventure, profession requiring specialized skills, or vocation with specialized skills falls under this category. It lists various types of income taxable here, such as profits from business/profession, compensation, benefits from business/profession, export incentives, interest from firms, sums for not sharing intellectual property, life insurance payouts, managing agency profits, and speculative transaction profits. Deductions are allowed for rent, taxes, repairs, and insurance of business premises, as well as current repairs and insurance of machinery, plant and furniture used for business.

1 of 4
Download to read offline
Income from Business and 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. 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. Methods of Accounting ncome 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 accountingmercantile 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 Deductible Allowances 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. 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.

More Related Content

Lecture 12 income from business and profession

  • 1. Income from Business and 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. 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;
  • 2. 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. Methods of Accounting ncome 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 accountingmercantile 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
  • 3. 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 Deductible Allowances 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. 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
  • 4. is allowable as deduction under section 31.