Block 3
Block 3
Block 3
BLOCK 3
INCOME FROM HOUSE PROPERTY & PROFITS
AND GAINS OF BUSINESS OR PROFESSION
155
Salaries
BLOCK 3 INCOME FROM HOUSE
PROPERTY & PROFITS AND
GAINS OF BUSINESS OR
PROFESSION
You have studied the computation of income from salary in the previous
block. In this block, you will study in detail the remaining heads of income.
This block consists of four units relating to Income from House Property and
Income from Profit and Gains of Business or Profession.
156
Income from House
UNIT8 INCOME FROM HOUSE PROPERTY Property
Structure
8.0 Objectives
8.1 Introduction
8.2 Income from House Property
8.2.1 Buildings or Land Appurtenant Thereto
8.2.2 Assessee to Pay Tax on Annual Value
8.2.3 Assessee should be the Owner of the House Property
8.2.4 The House Property should not be used for Assessee’s Business or
Profession
8.3 Exempted Incomes from House Property
8.4 Some Important Points
8.5 Annual Value
8.6 Computation of Annual Value
8.6.1 Let out House
8.6.2 Self-occupied House
8.7 Deductions from Annual Value
8.8 Loss under the Head ‘Income from House Property’
8.9 Computation of Taxable Income from House Property
8.10 Let Us Sum Up
8.11 Key Words
8.12 Answers to Check Your Progress
8.13 Terminal Questions/Exercises
8.0 OBJECTIVES
After studying this unit, you should be able to:
8.1 INTRODUCTION
Income from house property is the second head of income since the omission
of the head interest on securities and its transference to the head ‘income
from other sources’ by the Finance Act, 1988. The provisions of Income Tax
Act, 1961 regarding computation of taxable income from house property are
contained in Section 23 to 27. According to Section 22 of Income Tax Act,
under the head “Income from House Property”, income is charged on the 157
Income from House houses or attached land of which assessee is the owner. Tax is charged on the
Property & Profits
and Gains of Business annual value of the property, but that portion of the property is left out which
or Profession is used by the assessee for the operation of some business or profession on
which income tax is paid. The taxable income from house property is not the
income received as rent but is calculated after making many deductions.
In this unit, you will study the incomes chargeable, and incomes exempted
under the head income from house property. You will also study how the
annual value of the houses of different categories is calculated and what
deductions are allowed to compute the income chargeable under the head
income from house property.
158
Income from House
Exceptions Property
a) Building or staff quarters let out to employees and others: Where the
assessee lets out the building or staff quarters to the employees of
business whose residence there is necessary for the efficient conduct of
business, the rental income from such employees is not taxable as
income from house property, but taxable under profit and gains from
business or profession.
b) Building let out for locating bank, post office, police station etc.: If
building is let out to authorities for locating bank, post office, police
station, central excise office, etc, such an income will be assessable as
income from business provided the dominant purpose of letting out the
building is to enable the assessee to carry on his business more
efficiently and smoothly (CITUS National news print and paper mills
(1978)114ITR388).
f) A person who takes land on lease and constructs a house upon it.
160
Income from House
iii) House properties belonging to a local authority, scientific research Property
association, University or other recognized educational institution,
hospital, or Games or Sports Association and Registered Trade Union.
iv) Property belonging to an authority constituted under any law for the
purpose of marketing of commodities and used for letting of godowns
or warehouse for storage of commodities.
v) House property held by a trust established wholly for charitable
purposes.
vi) House property held by a political party.
vii) House property owned by an assessee and used for his own business or
professional purposes.
viii) Self-occupied houses - The Finance Act, 1986 W.e.f. 1.4.1987 provides
that where the property consists of one house or part of a house in the
occupation of the owner for his own residence and is not actually let
out during any part of previous year, the annual value of such a house
shall be taken to be nil.
b) Where the property is let and the actual rent received or receivable by the
owner in respect thereof is in excess of the reasonable rent, the actual
amount of rent received or receivable.
Note: Any taxes levied by the local authorities and borne by the owner
should be deducted to calculate the annual value of the property.
The above definition makes it clear that annual value of any house property is
its reasonable rent. But, if the actual rent is higher than the reasonable rent,
then, the actual rent received or receivable will be the annual value. It must
be noted here that annual value is not determined by actual or reasonable rent
alone. In case the rent of house property is fixed by rent controller under the
Rent Control Act, the annual value in such a case cannot exceed the rent
fixed by the Rent Controller. In case, the actual rent exceeds the rent fixed by
the rent controller then the actual rent would be the annual value. From the
above discussion, it is clear that annual value is determined by taking into
account many factors. They are:
i) Municipal valuation, fixed by the local authorities on the basis of
income earning capacity of the property. It is fixed to calculate the
house-tax to be paid by the owners.
ii) Actual rent, received or receivable from the tenant.
iii) Reasonable rent/Fair rent, i.e. the rent of similar properties in the same
locality, and
iv)Standard rent, the rent fixed by the Rent Controller under Rent Control
Act.
Where the standard rent is applicable, reasonable rent and municipal value
will not be taken into consideration even though they are higher than the
standard rent.
162
Income from House
Check Your Progress A Property
Look at Illustration 1 and see how the annual value of let out house
which is not covered by the Rent Control Act is calculated.
Illustration 1
Mr. Ashok is the owner of a house (not covered under Rent Control Act)
which is let out at Rs. 1,500 per month. Municipal taxes of the house are
Rs. 1,200 (being 10% of the municipal value) out of which Rs. 700 are
paid by the tenant. The reasonable rent is Rs. 10,000 per annum. What
will be annual value of the house?
164
Income from House
Solution: Property
Annual value is the highest of the following three taxes borne by the
owner:
Rs.
i) Actual rent (1,500 × 12) 18,000
ii) Municipal value (1,200×100 ÷10) 12,000
iii) Reasonable rent 10,000
Annual value
Actual rent 18,000
Less: Municipal taxes borne by the owner
(1,200-700) 500
NetAnnual Value 17,500
Illustration 2
Mr. X is the owner of two houses (covered under the Rent Control Act)
which are let at Rs. 1,000 p.m. and Rs, 1,500 p.m. Municipal taxes on
these houses are paid by the owner which amount to Rs. 800 and Rs.
1,000 respectively (being 10% of municipal valuation). The Standard
Rents fixed under the Rent Control Act are Rs. 14,000 and Rs. 16,000
per annual respectively. Fair rent of these two houses is Rs. 13,000 and
Rs. 14,000 respectively. What will be their Annual Value?
Solution:
House 1
1st Step
Annual Rent = Rs 12,000
Fair rent = Rs 13,000 Highest Value .i.e. Rs 13,000
Municipal Value = Rs 8,000
165
Income from House 2nd step
Property & Profits
and Gains of Business Actual Rent = Rs 12,000
or Profession Highest Value .i.e. Rs 14,000
Standard Rent =Rs 14,000
Note:
In order to arrive at GAV of the house, we should take the highest value of
1st step, and 2nd step which is Rs. 13,000 and Rs. 14,000 in case of 1st house
and Rs. 18,000 for 1st and 2nd step for 2nd house.
After arriving at highest value of 1st step and 2nd step, we must take lowest
value among the two highest values calculated above. Now, this lowest value
of highest values will be the GAV of house. Now, afterarriving the GAV of
the house if we subtract the municipal tax paid by the land lord we shall
arrive at Annual value of house.
c) Let-out house which remains vacant for whole or any part of the
previous year:
a) House remains vacant for full year: In such a case, gross annual
value will be‘nil’.
b) House remains vacant for a part of the previous year:
i) If the actual rent for the let-out period is more than the expected
rent, the actual rent will be the gross annual value;
ii) If the actual rent for the let-out period is less than the expected
rent owing to such vacancy, the actual rent will be the gross
annual value.
Illustration 3
Determine the Annual Value of house of Mr. Parmod for the A.Y. 2023-24
Municipal value Rs. 70,000
House let-out @Rs. 8,000 p.m
Municipal tax paid by landlord Rs. 7,000 (10% of M.V.)
Fair rent Rs. 80,000
166 House remained vacant for 2 months
Income from House
Solution: Property
Illustration 4
Determine the annual value of house of Mr. Subhash for the A.Y. 2023-24
Rs.
Municipal value 1,50,000
Fairrent 1, 70,000
Actual rent per month 15,000
Municipal tax paid by landlord 10% of M.V.
Unrealised rent 25,000.
Solution:
Computation of A.V. of house of Mr. Subhash for the A.Y. 2023-24
Rs. Rs
a) Municipal value 1,50,000
b) Actual rent 1,80,000
c) Fair rent 1,70,000
Gross annual value (being highest) 1,80,000
Less: Municipal tax paid by landlord 15,000
Unrealised rent 25,000 40,000
Net Annual value 1, 40,000
167
Income from House
Property & Profits
and Gains of Business Note:
or Profession Gross Annual Value = Higher of Actual Rent Received or Expected Rent
Expected Rent = Higher of Municipal Value or Fair Rental Value but
restricted to the Standard Rent
e) Let-out house, which remains vacant during a part of the previous
year and there is unrealised rent
Gross annual value of such house will be calculated as discussed in (a).
From the gross annual value, taxes actually paid by the landlord and
amount of unrealised rent will be subtracted to reach at annual value.
Treatment of Unrealised Rent [Section 23(1)]
The actual rent received shall not include the amount of rent which the owner
cannot realise, subject to the rules made in this behalf.
Rules for Unrealised Rent
The amount of rent which the owner cannot realize shall be equal to the
amount of rent payable but not paid by a tenant of the assessee and so proved
to be lost and irrecoverable where:
i) The tenancy is bonafide;
ii) The defaulting tenant has vacated, or steps have been taken to compel
him to vacate the property;
iii) The defaulting tenant is not in occupation of any other property of the
assessee.
iv) The assessee has taken all reasonable steps to institute legal proceedings
for the recovery of the unpaid rent or satisfies the assessing officer that
legal proceedings would be useless.
Illustration 5
Determine the annual value of house of Mr. Varun for the A.Y. 2023-24
Rs.
Municipal value 2,00,000
Fair rent 1,80,000
Actual rent (per month) 25,000
House remained vacant for two months during the P.Y. Unrealised rent Rs.
40,000. Municipal tax paid by the landlord Rs. 20,000.
Solution:
Computation of A.V. of the house of Mr. Varun for the A.Y. 2023-24
Rs. Rs.
a) Municipal value 2,00,000
b) Actual rent (Rs. 25,000 × 10) 2,50,000
c) Fair rent 1,80,000
Gross annual value (being highest) 2,50,000
Less: Municipal tax paid by landlord 20,000
Unrealised Rent 40,000 60,000
Annual value 1,90,000
168
Income from House
8.6.2 Self-occupied House Property
In case the property consists of more than one house in the occupation of
the owner for the purpose of his own residence, the annual value in
respect oftwo such houses, which the assessee may choose, shall be
taken as Nil. The annual value of the remaining self-occupied houses
will be determined as if such houses had been let out.
169
Income from House Illustration 6
Property & Profits
and Gains of Business
From the following information of Mr. A, compute the adjusted annual value
or Profession
of the let out period of the house for the Assessment Year 2023-24.
Rs.
Municipal value 20,000
Municipal tax paid 4,000
House was self-occupied for first six months and for the remaining six
months it was let out at the rate of Rs. 2,000 p.m.
Solution:
Gross annual value is highest of the following:
Rs.
Municipal value 20,000
Actual rent (2,000×6) 12,000
Gross annual value (being highest) 20,000
Less: Municipal taxes 4,000
Annual value 16,000
C) If a part of the house is let out for a part of the previous year or a
part of the house property is self-occupied by the owner for full year
and a part is occupied by the owner for a part of the year (i.e. a part
of the house is let out for a part of the previous year), the annual
value shall be determined as under:
i) First of all from the annual value of the full house, the proportionate
annual value of the self-occupied part which is self-occupied for full
year shall be deducted.
ii) The balance left shall be the annual value for let out portion for the
let out period.
Look at Illustration 7 for clear understanding of calculation of annual value
of the above-mentioned category of houses:
Illustration 7
Mr Ajay Kumar has a house property in Allahabad whose Municipal
Valuation is Rs 2, 00,000. Its fair rental value is Rs 2,40,000. This property
was self-occupied by Mr Ajay Kumar from 01/04/2022 to 31/07/2022 w.e.f
1/08/2022, it was let out at Rs 14,500 per month. Compute the annual value
of the house property for the AY 2023-24, if Mr Ajay Kumar has paid the
municipal taxes Rs 20,000 on 28/02/2023.These taxes include Rs 5,000 of
PY immediately preceding the PY.
170
Income from House
Solution: Property
Illustration 8
Mr. Rajan took loan of Rs 6, 00,000 on 1/04/2000 to construct a house. The
construction of the house was completed in the PY 2004-05.The interest on
this loan @ 16% p.ais Rs 96,000 for the PY 2022-23. Interest for the
preceding years was also paid but not claimed as deduction. Compute the
amount of interest deductible in computing the income from house property
for the AY 2023-24, if, the house is let-out and if Mr. Rajan lives in the
house.
i) If house is let-out
Interest on current PY 2022-23Rs 96,000
Interest for 4 PYs prior to 31st march of
completion of house for 2000-2001,
2001-02, 2002-03 and 2003-04
@ 16% on Rs 6,00,000(4×96,000)
= Rs 3,84,000, deductible in 5 equal
installments of Rs 76,800 each.
But, here no pre-construction interest shall
be deducted as maximum period of 5 years
which has expired on 31/03/2010 Nil
Total amount of interest = Rs 96,000
172
Income from House
ii) Loss from house let-out on rent for full year: Property
The houses let out on rent, are given deductions out of their net annual
value and if the total of deductions (except unrealised rent) is more than
the net annual value, the balance amount will be the loss from house
property. This loss can be set-off out of profits of other houses let out on
rent. The unabsorbed loss of house property can be set-off out of any
source of income.
iii) If in any previous year, the amount of loss exceeds Rs 2, 00,000, then,
such surplus shall not be deducted from any other head of income in
such previous year.
Solution:
Computation of Annual Value
Let out portion (50%) Rs. Rs
i) Municipal Valuation (50% of Rs 60,000) 30,000
ii) Fair rent (50% of Rs 70,000) 35,000
iii) Rent Received (Rs 4,400 ×12) 52,800
Gross Annual Value (Higher of the above) 52,800
Less: Municipal Taxes (50% of Rs 6,000) 3,000
Annual Value 49,800
Note:
a) 25% portion of the house property is used by CAPawan for his own
profession. Its annual value shall not be calculated.
b) 25% portion of the house property is used by CAPawan for his own
residence. Its gross annual value shall be Nil or Zero.
c) All the portion of the house property shall be treated as separate house
independently.
173
Income from House Illustration 10
Property & Profits
and Gains of Business On the basis of the following informationfurnished by Mr. Kalia, determine
or Profession
annual value of the house for A.Y. 2023-24.
1) Two-third portion of the house is self-occupied;
2) One-third portion of the house let-out for Rs. 5,000 p.m.;
3) During the previous year, the let out portion remained vacant for four
months and the tenant did not pay the rent for one month. The landlord
could not fulfill the conditions regarding claim for unrealised rent.
4) Municipal tax paid Rs. 33,000.
5) Municipal value Rs. 1, 30,000.
Solution:
Computation of Annual Value of the House of Mr. Kalia for the
Assessment Year 2023-24.
Rs. Rs.
i) A.V. of self-occupied portion Nil
ii) G.A.V. of let-out portion(Rs. 60,000-20,000) 40,000
Less: Municipal tax (1/3rd of Rs. 33,000) 11,000 29,000
Annual Value 29,000
Note: The unrealised rent is not deductible in computing annual value as the
landlord has not claimed the unrealised rent.
Illustration 11
Ms. Richa is the owner of a house at Mumbai, particulars of which for the
year ended 31st March, 2023 are as under:
Rs.
1) Actual rent received 4,800
2) Municipal Valuation 4,200
3) Total Municipal Tax 630
4) Municipal Tax paid by Ms. Richa 400
5) Municipal Tax paid by the tenant 230
6) Interest on loan taken for renovation of the house 200
Compute Ms. Richa’s Income from House Property for the A.Y. 2023-24.
174
Income from House
Solution: Property
Computation of Income from House Property of Ms. Richa for the
AY2023-24
Rs. Rs.
G.A.V (Actual rent being higher than M.V) 4,800
Less: Municipal Tax paid by owner 400
Annual Value 4,400
Less:Standard Deduction (30% of A.V) 1,320
Interest on Loan 200 1,520
Income from the House Property 2,880
Illustration 12
Aliya is the owner of a house property in Pune. It is let out for Rs. 90,000 p.a.
The municipal tax payable by the owner comes to Rs. 10,000 but the landlord
has taken an agreement from the tenant stating that the tenant would pay the
tax direct to the municipality. The landlord, however, bears the following
expenses on tenant’s amenities under an agreement:
Particulars Rs
Water charges 1,500
Lift maintenance 1,000
Lighting of stairs 800
Gardener’s salary 700
The landlord claims the following deductions:
Repairs 20,000
Land Revenue 2,000
Collection Charges 6,000
Legal expenses incurred in connection with the
purchase of land on which the house is built 24,000
Compute the taxable income from house property for the A.Y. 2023-24.
Solution:
Computation of Taxable Income from House Property of Ms. Aliya for
the Assessment Year 2023-24
Gross annual value of the property is calculated as under: Rs.
Rent realized 90,000
Less: Value of tenant’s amenities
provided by the landlord: Rs.
i) Water charges 1,500
ii) Lift maintenance 1,000
175
Income from House iii) Lighting of stairs 800
Property & Profits
and Gains of Business iv) Gardener’s salary 700 4,000
or Profession
Gross Annual Value 86,000
Less: Municipal tax paid by the owner Nil
Annual Value 86,000
Less: Standard Deduction (30% of A.V) 25,800
Taxable Income from House Property 60,200
Illustration 13
Sambhav is the owner of two houses. He has furnished the following
particulars for the financial year 2022-23.
First House — Its municipal valuation is Rs. 40,000. It is used by Sambhav
for his own residence. He paid Rs. 200 Fire Insurance Premium and Rs.
4,000 Municipal Tax. He also paid interest on loan of Rs. 25,000. This loan
was taken to repay another loan taken for the construction of this house.
Second House — Its municipal valuation is Rs. 24,000 and Standard Rent is
Rs. 30,000 (Rent Control Act applicable). It has been let out at Rs. 3,000 per
month. He made the following payments: Rs.
Municipal Tax 6,000
Repairs 1,000
Land Revenue 200
Annual Charge 3,000
Compute his taxable income from house property for the A.Y. 2023-24.
Solution:
Computation of Taxable Income from House Property of Mr. Sambhav
for the Assessment Year 2023-24.
First House (Self-Occupied) Rs
Annual Value Nil
Less: Interest on loan 25,000
Loss from First house (a) (-) 25,000
Second House:
i) Expected rent Rs. 24,000
ii) Actual rent Rs. 36,000
G.A.V [(i) or (ii), whichever is greater] 36,000
Less: Municipal tax 6,000
Annual Value 30,000
Less:Standard deduction (30% of A.V) 9,000
Income from second house (b) 21,000
Loss from House Property (a-b) (-) 4,000
Note: Other expenses are not allowed.
176
Income from House
Illustration 14 Property
MrKaushal has the following properties:
i) Flat in Mumbai purchased on 1st June, 2022 which was let-out on
monthly rent of Rs 12,000.The building in which the flat is located, was
completed on 31st January, 2019.The flat was let-out from 1st August,
2022
ii) Flat in Delhi constructed in 2010 which is self-occupied.
iii) Godown in Kolkata constructed in 2012 which is let-out at a monthly
rent of Rs 6,000.
The following actual expenses from the rental income are:
177
Income from House Godown at Kolkata
Property & Profits
and Gains of Business Annual letting value Rs 72,000 -
or Profession
Less: Municipal taxes Rs 18,000
Net Annual Value Rs 54,000
Less: Admissible deduction u/s 24
Statutory deduction @ 30% of NAV Rs 16, 200
Income from Godown at Kolkata Rs 37,800
179
Income from House 2) Interest of prior period (from 1/08/2020 to 31/03/2021) for 8 months is
Property & Profits
and Gains of Business
Rs 4,800. Its one-fifth part shall be allowed as deduction. Deduction of
or Profession total interest =Rs 7,200+ Rs 960 = Rs 8,160.
Illustration 16
Mr Raman is the owner of a big house. Municipal valuation of his house is
Rs. 1, 00,000. He has let out 1/3rd portion of the house on a monthly rent of
Rs 8,000 and occupies remaining 2/3rd portion for his own residence.
Municipal taxes in respect of the whole house were Rs 15,000.He paid Rs
12,000 on insurance of the house. The house is constructed on leased land.
He paid Rs 2,000 as its rent. He had constructed the house with a loan of Rs
15, 00,000 taken on 1st April, 2010, which was completed on 31st March,
2013 on which he pays 12% p.a. interest. Compute his income from ‘House
property’ for the AY 2023-24.
Solution:
Computation of Income from House property of Mr Raman for AY
2023-24
Self-occupied Portion (2/3rd)
Rs.
Annual Value Nil
rd
Less: Interest on loan (2/3 of Rs 1,80,000) 1,20,000
Loss from Self-Occupied house (-)1,20,000
180
Income from House
Check Your Progress B Property
1) How do you calculate the annual value when the part of a house is let out
for a part of the previous year and self-occupied in the remaining period?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Choose the correct answer from the following:
i) Municipal taxes shall be deducted:
a) If its payment has become payable on owner of house.
b) If its payment has actually been done by the owner of the house.
c) If its payment has been done by the tenant.
d) None of these.
ii) How much statutory deduction is allowed in computing taxable
income from house property:
a) 25% of Annual Value
b) 30% of Annual Value
c) 1/5th of Annual Value
d) 1/6th of Annual Value
iii) Unrealised rent shall be deducted from the following:
a) From Net Annual Value
b) From Annual Value
c) From Gross Annual Value
d) None of these
iv) If an assessee has more than one house, the option to choose a house
for self-residence, is given to the following:
a) To an individual assessee
b) To association of persons
c) To a company assessee
d) None of these
184
Income from Profit
UNIT9 INCOME FROM PROFITS AND and Gains of
Business or
GAINS OF BUSINESS OR Profession-I
PROFESSION-I
Structure
9.0 Objectives
9.1 Introduction
9.2 Meaning of Business or Profession or Vocation
9.3 Basis of Charge
9.4 General Principles for Calculating Business and Profession Income
9.5 Computation of Income from Business or Profession
9.6 Specific Deductions-I
9.6.1 Rent, Rates, Taxes, Repairs, and Insurance for Buildings
9.6.2 Repairs and Insurance of Machinery, Plant &Furniture
9.6.3 Depreciation
9.6.3.1 General Principles for Depreciation Allowance
9.6.3.2 Block of Assets
9.6.3.3 Block Formation &Calculation of Written down Value of Asset for
Depreciation
9.6.3.4 Computation of Depreciation Allowance
9.6.3.5 Cases where Written down Value of a Block at the End of Year is
reduced to Nil
9.6.3.6 Depreciation allowance for special cases
9.6.3.7 Unabsorbed Depreciation
9.6.4 Incentive for Acquisition and Installation of New Plant or Machinery in the
Notified Backward Areas in Certain States
9.7 Let Us Sum Up
9.8 Key Words
9.9 Answers to Check Your Progress
9.10 Terminal Questions/ Exercises
9.0 OBJECTIVES
After studying this unit, you should be able to:
• explain the meaning of business, profession, and vocation
• understand the general principles for calculating business and
professional income
• compute depreciation allowance
185
Income from House
Property & Profits 9.1 INTRODUCTION
and Gains of Business
or Profession Profit and gains of Business or Profession (also known as PGBP) is third
head in computation of income apart from four incomes, namely, income
from salary, income from house property, income from capital gains and
income from other sources. This head is divided into 3 parts since it is one of
the major heads compassing many provisions for computing business or
professional income. In this unit, we will discuss about meaning of business
or profession, basis of charge for charging income tax on such income,
general guidelines for computing business income or professional income and
special deductions allowed under this head including depreciation allowance
in detail.
Buisness or
Profession
should be there
Buisness or Profession
Charge should
should be carried on
be in respect of
for some time during
previous year
the previous year
• Business must be carried on during the previous year. Business may not
necessary be carried out throughout the previous year or till the end of
previous year. If assessee does not carry-on business at all, Section 28
shall not apply and the income so called cannot be assessed as Business
income. However, there are exceptions to this rule and business though
187
Income from House not carried out by the assessee in the year of receipt
receipt, those receipts are
Property & Profits
and Gains of Business
still taxable as Income from business:
or Profession
Table 9.1
9.1: Receipts taxable as income from business even when Business
is not carried out by the assessee
Section Income
41(1) Recovery against any loss, expenditure or trading
liability earlier allowed as deduction
41(2) Balancing Charge in case of Electricity Companies
41(3) Sale of Capital Asset used for scientific research
41(4) Recovery against Bad Debts
41(4A) Amount withdrawn from Special Reserve
176(3A),(4) Receipt of Discontinued business under Cash system
of Accounting
188
Income from Profit
Table 9.2: Losses incidental to trade and Gains of
Business or
Business Loss Deductible from Business Loss Not Deductible Profession-I
income from income
Loss of Stock –in Trade due to Loss which is not incidental
enemy action, or arising under to trade or profession, carried
similar circumstances on by the assessee.
Loss of Stock-in trade because Loss incurred due to damage,
of destruction by God destruction, etc. of capital
Loss on account of failure on asset.
the part of the assessee to accept Loss incurred due to sale of
delivery of goods shares held as investment.
Depreciation in funds kept in Loss of advances made for
foreign currency for purchase of setting up of a new business
stock-in-trade which ultimately could not
Loss due to exchange rate be started.
fluctuations of foreign currency Depreciation of funds kept in
Loss arising from sale of foreign currency for capital
securities held in the regular purposes.
course of business. Loss arising from non-
Loss of cash and securities in a recovery of tax paid by an
banking company on account of agent on behalf of the non-
dacoit. resident.
Loss incurred on realisation of Anticipated future losses.
amount advanced in connection Provision made by the
with business. assessee in respect of non-
Loss of security deposit for the performing assets.
purpose of acquisition of stock- Loss relating to any business
in-trade. or profession discontinued
Loss due to forfeiture of a before the commencement of
deposit made by the assessee for previous year.
properly carrying out the
contract for supply of
commodities.
Loss on account of
embezzlement by an employee.
Loss incurred due to theft or
burglary in factory premises.
Loss of precious stones or
watches of a dealer while
bringing them from business
premises to his house.
Loss arising from negligence or
dishonesty of employees.
Loss incurred on account of
insolvency of banker with which
current account is maintained.
Loss incurred due to freezing of
the stock-in-trade by enemy
action.
189
Income from House • Income of previous year is taxable during the following assessment year.
Property & Profits
and Gains of Business
There are, however, certain exceptions to this rule.
or Profession
• There is no distinction between legal or illegal business. Therefore,
profits from illegal business are taxable in a similar manner as legal
business.
• Not only the legal ownership but beneficial ownership is also to be
considered for Section 28.
• Anticipated profits or potential or notional profits are not considered for
calculating taxable income under this head.
• The mode or system of bookkeeping cannot override the substantial
character of a transaction.
Special cases where income from business is not taxable under ‘Profit
and Gains of Business’:
Table 9.3: Cases where income from business is not taxable under ‘Profit
and Gains of Business’
193
Income from House Table 9.4: Classes of Assets
Property & Profits
and Gains of Business Block Nature of S. No of Assets to be included in Rate of
or Profession
Number Asset Block Block of Assets Depreciation
1. Building Group 1 Building - for residential 5%
purposes except hotels and
boarding houses.
Group 2 Buildings - other than 10%
covered in block 1 and 3
and not used mainly for
residential purposes.
Group 3 Buildings - temporary 40%
erections such as wooden
structures & building
acquired on or after
September 1, 2002 for
installing Machinery and
plant forming part of water
supply project or water
treatment system and
which is put to use for the
purpose of business of
providing infrastructure
facilities under section 80-
IA (4) (i)
2. Furniture Group 4 Furniture – any 10%
and furniture/fittings including
Fittings electrical fittings
3. Machinery Group 5 Plant & Machinery - any 15%
and Plant plant and machinery [ not
covered by block 6,7,8],
motor cars (other than
those used in a business of
running them on hire)
acquired or put to use on
or after April 1 , 1990, oil
wells
Group 6 Plant & Machinery – 20%
Ocean –going ships,
vessels ordinarily
operating on inland waters
including speed boats
Group 7 Plant & Machinery – Buses, 30%
lorries and taxis used in the
business of running them on
hire, machinery used in
semi-conductor industry,
moulds used in rubber and
plastic goods factories and
lifesaving medical
equipment
194
Income from Profit
Group 8 • Aeroplanes – Aero 40% and Gains of
engines Business or
Profession-I
• Commercial vehicles
which is acquired by
the assessee on or after
1.10.1998 but before
1.4.1999 and is put to
use for any period
before 1.4.1999 for the
purpose of business or
profession
• Specified lifesaving
medical equipment
• Container made of glass
or plastic used as
re-fills
• New Commercial
vehicle which is
acquired on or after
1.1.2009 but before
1.10.2009 and is put to
use before 1.10.2009
for the purpose of
business or profession
• Computers including
computer software
• Books, (other than
books (a) being annual
publications, (b) books
owned by assessees
carrying on business in
running lending
libraries)
• Gas cylinders including
values and regulators,
direct fire glass melting
furnaces, plant used in
field operations by
mineral oil concerns
• Energy saving devices,
renewal energy devices,
rollers in flour mills,
sugar works and steel
industry
• Air pollution control
equipments, water
pollution control
equipments, solid waste
control equipments,
recycling and resource
recovery systems
195
Income from House • Wooden parts used in
Property & Profits
artificial silk
and Gains of Business
or Profession manufacturing
machinery
• Cinematograph films –
bulb of studio lights
• Match Factories –
Wooden match frames
• Tubs, winding ropes,
haulage ropes and sand
stowing pipes, and
safety lamps used in
mines and quarries
• Salt works – Salt pans,
reservoirs and
condensers etc. made of
earthy, sandy or clayey
material or any other
similar material
• Books owned by
assessee carrying on a
profession, being annual
publications
• Books owned by
assessees carrying on
business in running
lending libraries
• Air pollution control
equipment, water
pollution control
equipment, solid waste
control equipments,
solid waste recycling
and resource recovery
system
Group 9 Plant & Machinery-Motor 45%
lorries and motor taxi
(used in a business of
running them on hire)
acquired on or after
August 23, 2019 but
before the April1, 2020
and is put to use before
April 1, 2020.
197
Income from House Solution:
Property & Profits
and Gains of Business Block – Building
or Profession
Block 1 (5%) Rs.
Building B 5,60,000
Building D 1,25,000
Total 6,85,000
Block 2 (10%)
Building A 2,40,000
Building C 4,00,000
Building F & G 10,00,000
Total 16,40,000
Block 3 (40%)
Building E 6,75,000
Total 6,75,000
Block – Furniture & Fixtures
Block 1 (10%)
Furniture & Fixtures 1,50,000
Total 1,50,000
Block – Plant and machinery
Block 1 (15%)
Plant A and B 1,45,000
Car –B 8,30,000
Total 9,75,000
Block 2 (30%)
Machinery C, D &F 8,45,250
Total 8,45,250
Illustration 2
Depreciated value of the block of assets of Dhruv Private Ltd (consisting of
machinery A, B and C) on 01/04/2022 is Rs.25,00,000. Addition of
machinery D was done on 01/09/2022 for Rs.3,00,000 and this machinery
was put to use on 08/09/2022. Cost of machinery E purchased on 24/12/2022
was Rs.5,00,000.Machinery A which was originally purchased on 01/04/2005
for Rs.1,80,000, was sold on 03/03/2023 for Rs.25,00,000.Assuming that the
rate of depreciation on machinery was 15%, find out the admissible
depreciation for the assessment year 2023-24.
Solution:
Block: Machinery (15%) Rs.
Written down value of block as on 01/04/2022 25,00,000
Add: Additions during the previous year:
Machinery D 3,00,000
Machinery E(for less than 180 days) 5,00,000 8,00,000
198 33,00,000
Income from Profit
Less: Asset sold during the previous year:
and Gains of
Machinery A 25,00,000 Business or
Profession-I
Written down value as on 31/03/2023 8,00,000
Depreciation:
On Rs 5,00,000 × 7.5% (Half of 50% of normal rates) 37,500
On (Rs 8,00,000-Rs 5,00,000) = 3,00,000 × 15% 45,000
Total admissible depreciation 82,500
Asset is
acquired
during the
previous year
Put to use
during the
previous
year
200
Income from Profit
Illustration 4 and Gains of
Business or
Compute depreciation as directed in different cases: Profession-I
Solution: (Rs.)
Case 1 Case 2 Case 3
WDV as on 1.04.2022 3,00,000 3,00,000 3,00,000
(+) Addition during the 1,50,000 1,50,000 1,50,000
year
(-) Sold during the year 2,00,000 2,00,000 2,00,000
WDV as on 31.03.2023 2,50,000 2,50,000 2,50,000
Depreciation calculation 2,50,000 @ 1,50,000 @ 1,50,000 @ 7.5%
15% 7.5% + + 1,00,000 @ 15%
= 37,500 1,00,000 @ = 11,250 +15,000
15% = = 26,250
11,250 (Although Plant
+15,000 = D only exists in
26,250 the block which
costs
Rs.1,50,000 but
depreciation on
rest written down
value of block
i.e. Rs.1,00,000
will be allowed
@ 15% as block
still exists
Note:
In the previous year, if the asset is used for less than 180 days, 50%
depreciation of normal rates is allowed.
201
Income from House 9.6.3.5 Cases Where WDV of a Block at the End of the Year
Property & Profits
and Gains of Business Shall Be Reduced To Nil
or Profession
Case A
All assets in the block are transferred i.e., block ceases to exist
Table 9.5: Cases where block ceases to exist
Situation 1 Situation 2
Sale price of all assets> WDV + Sale price of all assets< WDV +
Asset purchased during the previous Asset purchased during the previous
year = Short term capital gain year = Short term capital loss
No Depreciation will be allowed No Depreciation will be allowed
since block ceases to exist since block ceases to exist
Illustration 5
Compute short term gain/loss in different situations: Rs.
Solution:
No Depreciation will be allowed since all assets of the block have been
transferred
Rs.
Situation 1 Situation 2 Situation 3 Situation 4
Sale value of
block(all 9,50,000 4,00,000 3,00,000 5,00,000
assets)
WDV as on
(4,00,000) (4,00,000) (2,50,000) (2,50,000)
1.4.2022
Addition
(3,50,000) (3,50,000) (1,00,000) (1,00,000)
during year
2,00,000 (3,50,000) (50,000) 1,50,000
Loss/Gain (Short term (Short term (Short term (Short term
Capital capital capital Capital
Gain) Loss) Loss) Gain)
Case B
Only a part of block is sold, and the sale price exceeds the value of the block
Sale price (including scrap value) of a part of block of asset >= WDV + Asset
202 purchased during the previous year = Short term capital gain, if any and
Income from Profit
WDV of the block will be nil as certain assets still exist and no depreciation and Gains of
will be charged. Business or
Profession-I
Illustration 6
Calculate WDV of the block and Depreciation allowance:
Rs.
WDV as on
4,00,000 4,00,000
1.4.2022(4 assets)
Addition during year 3,50,000 3,50,000
Sale value of block
8,00,000 7,50,000
(2 assets are sold)
Solution: Rs.
WDV as on 1.4.2022
4,00,000 4,00,000
(4 assets)
Addition during year 3,50,000 3,50,000
Sale value of block
8,00,000 7,50,000
(2 assets are sold)
50,000
WDV as on
(Short term NIL
01.04.2023
Capital gain)
208
Income from Profit
UNIT10 INCOME FROM PROFITS AND and Gains of
Business or
GAINS OF BUSINESS OR Profession-II
PROFESSION-II
Structure
10.0 Objectives
10.1 Introduction
10.2 Specific Deductions-II
10.2.1 Tea Development Account, Coffee Development and Rubber Development
Account
10.2.2 Site Restoration Fund
10.2.3 Expenditure on Scientific Research
10.2.4 Amortisation of Spectrum Fee for Purchase of Spectrum
10.2.5 Amortisation of Telecom License Fees
10.2.6 Deduction in Respect of Expenditure on Specified Business
10.2.7 Expenditure by Way of Payments to Association and Institutions for
Carrying out Rural Development Programmes
10.2.8 Weighted Deduction of 100% for Expenditure Incurred on Agricultural
Extension Project
10.2.9 Weighted Deduction of 100%for Expenditure Incurred on Skill Development
Project
10.2.10 Amortization of Certain Preliminary Expenses
10.2.11 Amortization of Expenditure in Case of Amalgamation or Demerger
10.2.12 Amortization of Expenditure Incurred under Voluntary Retirement Scheme
10.3 Other Deductions
10.4 General Deductions
10.5 Let Us Sum Up
10.6 Key Words
10.7 Answers to Check Your Progress
10.8 Terminal Questions/Exercises
10.0 OBJECTIVES
After studying this unit, you should be able to:
• explain various deductions available under Section 33AB to Section
35DDA
• compute expenditure on scientific research and family planning
• discuss other relevant and general deductions related to Section 36
and 37
209
Income from House
Property & Profits 10.1 INTRODUCTION
and Gains of Business
or Profession In the first unit, we discussed about meaning of business or profession, basis
of charge for charging income tax on such income, general guidelines for
computing business income or professional income and special deductions
allowed under Sections 30 to 32 AD. This unit will deal with various
deductions under Sections 33AB to 37.
210
Income from Profit
• Deduction – The amount deposited in the above mentioned scheme or 20 and Gains of
% of the profits of the said business (calculated under the ‘Profits and Business or
gains of business or profession’ head), whichever is less. Profession-II
• By Assessee Himself
An assessee can claim revenue and capital expenditure as deduction.
• Revenue Expenditure [Section 35 (1) (i)] – An assessee who carries out
any research of scientific nature during the previous year and incurs
revenue expenses in this regard, he shall be allowed to claim such
expenses as deduction provided the research is related to the business.
• All revenue expenses (expenditure on purchase of scientific research
material and salary to employees excluding perquisites to employees)
incurred during three years immediately preceding the commencement of
the business, shall considered to be the expenses of the previous year in
which the business commences and shall be allowed as deduction to the
extent these are certified by the prescribed authority.
Example: If the assessee starts its business on 25.10.2022, then all
revenue expenses on scientific research incurred, on or after 25.10.2022,
will be allowed as a deduction. Also, revenue expenses from 25.10.2019
to 24.10.2022 as prescribed by authority will be allowed as deduction for
previous year 2022-23.
• Capital Expenditure [Section 35 (1) (iv)] - An assessee who carries out
any research of scientific nature during the previous year and incurs
capital expenses other than expenditure on acquisition of land in this
regard, he shall be allowed to claim such expenses as deduction provided
the research is related to the business.
• All capital expenses (expenditure on purchase of plant and machinery,
construction of building, vehicles etc.) incurred during three years
immediately preceding the commencement of the business, shall be
considered as expenses of the previous year in which the business
commences and shall be allowed as deduction.
• Deduction in respect of capital expenditure on scientific research shall be
allowed to the extent of profist from that business. No business loss can
occur due to such deduction. If during any previous year, the capital
expenditure on scientific research cannot be absorbed owing due to no 211
Income from House profits or gains from business or due to insufficient profits or gains
Property & Profits
and Gains of Business
during the relevant previous year, then, it will be set off in the following
or Profession previous year and known as unabsorbed capital expenditure on scientific
research.
• No business loss can occur due to deduction on account of revenue
expenditure on scientific research.
• Sale of asset used for scientific research
a) Asset is sold without being used for other purpose [Section 41(3)] –
Net sale price of the assets or cost of the asset, which was earlier
allowed as deduction under Section 35 whichever is less, shall be
treated as business income of the previous year in which asset is sold.
Any capital gain i.e., sale price – original cost will be subjected to
capital gain provisions.
If business is not in existence in that previous year, still the
provisions will apply.
b) Asset is sold after being used for other purpose – If asset is used in
business after being used for scientific purpose, since deduction has
already been allowed under Section 35, it will be added to the
relevant block of asset at Nil Value. Later, when it is sold, the
money received will be deducted from block of asset in which it was
included initially.
• By Contribution to Outside Agencies
An assessee may necessarily not carry out research himself but
contribute payment for carrying research by outside agencies –
Asset sold without using for business Asset sold after using for business
• Business Income Rs. • Business Income Rs.
Profit from business 5,00,000 Profit from business 5,00,000
(-) Depreciation @ 15 % 1,20,000 (-) Depreciation @ 15 % NIL
3,80,000 5,00,000
Profit on sale of asset 10,00,000 WDV on 01.04.2022 8,00,000
(cost or sale price whichever 13,80,000 (+) Scientific asset NIL
is less) 8,00,000
(-)Sales price 8,00,000
WDV for charging Dep NIL
213
Income from House • Long term Capital gain • Short term capital Gain
Property & Profits
and Gains of Business Sales Consideration 20,00,000 = 20,00,000 – 8,00,000
or Profession (-)Indexed cost = 12,00,000
(10,00,000×317/240)13,20,833
6,79,167
• Total Income of previous year • Total Income of previous year
=13,80,000 +6,79,167 =5,00,000 +12,00,000
= Rs. 20,59,167 = Rs.17,00,000
Illustration 2
Business income of T Ltd. before allowing expenditure on scientific research
for the previous year 2022-23 is Rs 2,60,000. The company has incurred the
following expenditure on scientific research during the previous year
2022-23.
Rs.
Revenue expenditure on scientific research 2,70,000
Capital expenditure on scientific research 5,00,000
Compute the deduction available on account of scientific research assuming
the company does not have any other income
Solution:
Business income before claiming expenditure Rs.
on scientific research 2,60,000
Less: i. Revenue expenditure on scientific research (2,70,000)
ii. Capital expenditure on scientific research ( 5,00,000)
Business Loss Rs 5,10,000
214
Income from Profit
b) The assessing officer may again compute the total income of the assessee and Gains of
for the relevant previous year and he may take necessary corrections. Business or
Profession-II
For the above purpose, relevant previous year means:
a) Where the spectrum fee is actually paid before starting business, the
previous year beginning with the previous year in which such business
started.
b) In any other case, previous year beginning with the previous in which the
spectrum fee is actually paid.
10.2.5 Amortisation of Telecom License Fees [Section 35ABB]
Required Conditions to be fulfilled to avail deduction under Section 35
ABB (otherwise if conditions are non-fulfilled, then deduction can be
claimed under Section 37 (1) :
a) Expenditure incurred for acquiring any right to operate telecom services
either before the commencement of business or thereafter any time
during any previous year should be of capital nature.
b) Payment has been made to obtain licence.
• Deduction: In equal instalments over the period for which the right to
use licence remains in force and starting from the year in which
payment is made.
• No deduction shall be allowed under Section 32 (1) of the said
expenditure, if claimed under Section 35ABB
10.2.6 Deduction in Respect of Expenditure on Specified
Business[Section 35AD]
• Deduction is available only in case of specified business:
warehousing
facility for storage
of sugar
12. Laying and Any person No approval
operating a slurry
pipeline for the
transportation of
iron ore
13.Setting up and Any person As notified by the
operating a semi- Board in accordance
conductor wafer with such guidelines
fabrication as may be
manufacturing unit prescribed
14. Developing or An Indian company or The eligible entity
maintaining and consortium of Indian has entered into an
operating a new companies or an agreement with
infrastructure authority/Board/Corporation/ central/ State
facility. any other body established government/Local
or constituted under any authority/Any other
central or state act. statutory body for
developing,
maintaining etc
facility also made
such proportion of
its total pipeline
capacity available
for use on common
carrier basis by any
person other than
the assessee or an
associated person as
prescribed by the
petroleum and
natural gas
regulatory board.
217
Income from House expenditure on acquisition of land or goodwill or financial instrument
Property & Profits
and Gains of Business
shall also be not allowed.
or Profession
• Deduction
100 % of capital expenditure incurred wholly and exclusively for such
purpose as per Section 35 AD during the previous year.
• In the year of commencement of business, expenditure which is incurred
prior to commencement of operation is capitalized in the books of
account of the assessee shall be allowed as deduction.
• Required Conditions:
a) Not set up by splitting or reconstruction of existing business.
b) Not set up by transferred machinery or plant used previously for any
purpose.
c) Asset in respect of which deduction is claimed shall be used
specifically for specified business for a period of 8 years beginning
from year of acquisition or construction.
• If asset is used for other purpose, then deduction under Section 35 AD
shall stand withdrawn but after allowing depreciation under Section 32
and amount so arrived shall deemed to be the business income of the
previous year in which the asset is so used.
Illustration 3
X Ltd. constructed a building and started operating a hotel of 3-star category
w.e.f. 01.04.2022. The company incurred the following expenditure in this
connection.
Rs.
1. Capital expenditure (including cost of land Rs. 50 1,10,00,000
lakhs) incurred during December, 2021 to March,
2022 which were capitalized in the books of account
31.3.2023
2. Capital expenditure incurred during previous year 1,40,00,000
2022-23 (it includes Rs.20 lakhs paid for Goodwill)
220
Income from Profit
10.2.12 Amortization of Expenditure Incurred Under and Gains of
Voluntary Retirement Scheme [Section 35DDA] Business or
Profession-II
Allowed to Any Assessee
Purpose Any expenditure incurredfor payment of any sum to an
employee regarding his voluntary retirement, in linewith
any scheme or schemes of voluntary retirement.
Quantum 1/5th of such expenditure for each of five successive
previous year
Allowability If deduction is claimed under Section 35DDA,it is not
allowable under any other provision of this Act or any
other assessment year
Illustration 4
For the previous year 2022-23, the business income of X Ltd. before allowing
expenditure on family planning is Rs.3,00,000. The company had incurred
the following expenditure on family planning amongst its employees during
the previous year 2022-23:
Rs.
i) Revenue expenses on family planning 1, 65,000.
ii) Capital expenditure on family planning 9, 00,000.
a) Compute the deduction available for expenditure on family planning to
the company assuming the company has income from other sources
amounting to Rs. 30,000.
b) What will be your answer if the revenue expenditure on family planning
is Rs. 2, 30,000 instead of Rs.1, 65,000?
Solution:
225
Income from House Business Income Nil
Property & Profits
and Gains of Business Income from other sources 30,000
or Profession
Less: Unabsorbed capital 30,000 Nil
expenditure of family
planning
Gross Total Income Nil
The balance unabsorbed capital expenditure on Family Planning of Rs.
15,000 will be carried forward.
(b) Profit before deduction of 3,00,000
expenditure on family
planning
Less: Revenue expenses 2,30,000
1/5th capital expenditure 1,80,000
4,10,000
Deduction limited to 3,00,000 Nil
business income
Balance family planning 1,10,000
expenditure
Set off against income from 30,000
other sources
Unabsorbed family planning 80,000
expenditure carried forward
Income from other sources 30,000
Less: Set off family planning 30,000 Nil
expenditure
Gross total income Nil
229
Income from House
Property & Profits 10.5 LET US SUM UP
and Gains of Business
or Profession Income from profits and gains from business or profession being major third
head is important component of income computation for tax purpose. Section
28 of Income Tax Act enumerates the income that shall be chargeable under
this head and income will be computed in accordance with the provisions laid
down in Section 29 to 44DB. The assesses engaged in different business like
in growing and manufacturing tea or coffee or rubber in India, prospecting
for , or extraction or production of, petroleum or natural gas or engaged in
specified business under Section 35AD are allowed special deduction while
computing their business incomes. Section 35 provides that the expenditure
on scientific research whether in house or contribution to research agencies
and institutions is allowed to be deducted while computing business income.
Sections 36 and 37 lay down the other general deductions to be allowed
under profits and gains from business or profession.
2) Mr. Sumit bought a car during the year for Rs 20,000. Hecharged 15%
depreciation on the value of car. The car was sold during the year for Rs
17,000. Theuse of the car was one-fourth for personal purposes.
3) Medical expenses were incurred during sickness of Mr. Sumit for his
treatment.
4) Wages includes Rs 250 per month on account of Mr. Sumit’s driver for
10 months.
5) Mr. Sumit paid premium of Rs 4,000 for mediclaim policy in cash for the
benefit of the employee.
[Answer: Taxable Income from Business = Rs 14,375]
7) Mr Sanjay Goel is a practicing Chartered Accountant. He maintains cash
account, the receipt and payment account for the year ended on
31stMarch, 2023:
232
Income from Profit
Having regard to the fact that one-third of motor car expenses are in
and Gains of
respect of his professional practice, compute the professional income Business or
of Mr Sanjay Goel for the assessment year 2023-24. Depreciation on Profession-II
car is @ 15%.
233
Income from House
Property & Profits UNIT11 INCOME FROM PROFITS AND
and Gains of Business
or Profession GAINS OF BUSINESS OR
PROFESSION-III
Structure
11.0 Objectives
11.1 Introduction
11.2 Special Disallowances under the Act
11.3 Deemed Profits Chargeable to Tax
11.4 Maintenance of Books of Account
11.5 Compulsory Audit of Accounts
11.6 Estimated Income Method for Computing Business Income in Certain
Cases
11.6.1 Computation of Income on Estimated Basis in Case of TaxpayersEngaged
in Business
11.6.2 Computation of Income on Presumptive Basis
11.6.3 Computation of Income in Case of Business of Plying, Hiring or Leasing
Goods Carriages
11.7 Computation of Profits and Gains from Business or Profession
11.8 Let Us Sum Up
11.9 Key Words
11.10 Answers to Check Your Progress
11.11 Terminal Questions/Exercises
11.0 OBJECTIVES
After studying this unit, you should be able to:
• explain the various specific disallowances as per section 40, 40A and
43B under the Act
• discuss deemed profits chargeable to tax
• understand provisions relatedto maintenance of books of account and
compulsory audit of accounts
• compute income under the head 'Profits and gains from business or
profession’.
11.1 INTRODUCTION
In first two units, we discussed the meaning of business or profession, basis
of charge for charging income tax on such income, general guidelines for
computing business income or professional income and special deductions
allowed under sections 30 to 37. This unit will deal with various specific
disallowances under the Act, deemed profits chargeable to tax and method of
calculating income under the head 'Profits and gains from business or
234
Income from Profit
profession’. This unit will also help in understanding provisions related to and Gains of
maintenance of books of account and compulsory audit of accounts. Business or
Profession-III
Illustration 1
Surya Ltd is a company who has earned a net profit of Rs.15,00,000 after
deducting all expenses like commission, interest, rent, salary, and license
fees. The due date of filing of return of income of the assessment year 2023-
24is September 30, 2023. The details of tax deducted by Surya Ltd. areas
below:
240
Income from Profit
Find out the net income of Surya Ltd. for the Assessment year 2023-24 if (a) and Gains of
Recipient is non resident or foreign company (b) Recipient is resident in Business or
India. Profession-III
Solution:
a)
242
Income from Profit
7) Nothing shall be disallowed as payment is made to a transporter which and Gains of
can be made otherwise than by an account payee cheque up-to Rs. Business or
35,000. Profession-III
Illustration 3
The following expenses were due for the year 2022-23and charged to profit
and loss account but have been paid after 31.03.2023. The due date of filing
of return is 31.07.2023 Ascertain the previous year in which such deduction
can be claimed.
Solution:
245
Income from House • However, such person shall have to maintain such books of account to
Property & Profits
and Gains of Business
enable Assessing Officer to compute total income.
or Profession
• A person carrying on non-specified profession [Section 44AA(2)] shall
maintain books of account in following cases-
a) If his total income from business or profession exceeds
Rs.1,20,000 or his total sales/gross receipts/turnover exceeds
Rs. 10,00,000 in any of the three years immediately preceding the
relevant previous year shall keep and maintain books of account
and other documents.
b) In case of individuals and HUF, the monetary limits of income and
total sales or turn over or gross receipts, etc, specified above for
maintenance of books of accounts has been increased from Rs
1,20,000 to Rs 2,50,000 and from Rs 10,00,000 to Rs 25,00,000,
respectively.
c) If business or profession is newly set up and his total income is
likely to exceed Rs. 1,20,000 or his total sales/gross receipts
exceed Rs. 10,00,000 during the relevant previous year, shall keep
and maintain books of account and other documents.
d) If profits and gains from business or profession are deemed to be
profits and gains under section 44 AE, 44 BB and 44 BBB and
business income is claimed lower than the income computed under
these on estimated basis.
e) If provisions of section 44 AD (4) are applicable in this case and
his income exceeds the maximum amount which is not chargeable
to income tax in any previous year, he shall have to keep and
maintain records.
• Any failure to keep and maintain books of account and not retaining
them for prescribed period will attract penalty @ Rs.25,000 under
Section 271 A.
246
Income from Profit
d) If person covered under section 44 AD or 44 ADA, claims that the and Gains of
profits from business or profession is lower than the income Business or
computed under these sections and if his income exceeds the Profession-III
exemption limit.
e) If provisions of section 44 AD (4) are applicable in case of any
person and his income exceeds the maximum amount which is not
chargeable to income tax in any previous year.
• Audit report should be uploaded on or before due date of furnishing
return of income under Section 139 (1).
248
Income from Profit
11.6.3 Computation of Income in Case of Business of Plying, and Gains of
Hiring or Leasing Goods Carriages Business or
Profession-III
[Section 44AE]
• The provision of this section is applicable in case of assessee carrying on
business of plying, hiring or leasing goods carriages and does not own
more than 10 goods carriages at any time during the previous year.
• In case of heavy goods vehicles, i.e., more than 12 MT gross vehicle
weight, the income would be equal to Rs 1,000 per tonne per gross
vehicle weight or unladen weight for every month or part of a month
during which the heavy goods vehicle is owned by the assessee in the
previous year or amount actually earned, whichever is higher.
• In case of vehicles other than heavy goods vehicle, the profits and gains
of each carriage shall be computed @ Rs.7,500 for every month or part
of month during which the goods carriage is owned by the assessee in the
previous year or amount claimed to have been actually earned by the
vehicles, whichever is higher.
• No further deduction except salary and interest to partners is allowed.
• If assessee declares his income to be lower than the deemed profits and
gains as above, he has to maintain the books of account as per section 44
AA, if his total income exceeds the exemption limit and get his books
audited as per section 44 AB.
(There are other items also which can be added or deducted from Profit or
Loss Account)
250
Income from Profit
COMPUTATION OF PROFESSIONAL INCOME and Gains of
Business or
In case of Doctor/Medical Practitioner Amount (Rs.) Profession-III
Illustrations
Illustration 4
From the Profit and Loss account of Mr. Kundan for the year ended
31stMarch, 2023, find his total business income:
Dr. Cr.
Particulars Rs. Particulars Rs.
To Office Expenses 40,000 By Gross Profit 6,40,000
To General Charges 16,000 By Interest on 11,200
Govt.Securities
To Interest on loan 4,000 By Discount 16,000
To Interest on Capital 12,000 By Bad debts 800
recovered
To Audit Fees 4,000 By Sundry receipts 16,000
To Rent 20,000 By Dividends 16,000
To Income tax 16,000
To legal expenses 4,000
To Charity 8,000
To Compensation to 20,000
retrenched employee
To Extension to 36,000
building
To sales tax 8,000
To Net profit 5,12,000
7,00,000 7,00,000
Adjustments:
i) General charges include an amount of Rs 8,000 spent on purchasing an
old typewriter for the office which has been put to use during the year.
252
Income from Profit
ii) Legal expenses include an amount of Rs 1,600 being penalty imposed by and Gains of
custom authorities. Business or
Profession-III
iii) Rent includes an amount of Rs 8,000 paid as rent of the house in which
the assesse lives.
iv) Depreciation of office furniture, plant and machinery and old building is
not shown in the Profit and loss Account but amount of Rs 16,800 is
allowed in this respect.
Solution:
Rs. Rs.
Net Profit as per P & L account 5,12,000
(+) Interest on capital 12,000
Rent for residential house 8,000
Income tax 16,000
Charity 8,000
Legal Expenses (Penalty) 1,600
Extension to building (Capital expenditure) 36,000
Typewriter 8,000 89,600
6,01,600
(-) Depreciation 16,800
Interest on Securities 11,200
Dividend 16,000 –44,000
Income From Business 5,57,600
Illustration 5
Sri Ramesh is the owner of a business. Following is his P & L A/c for the
year ended on 31.3.2023
Profit and Loss Account for the year ended 31.03.2023
Dr. Cr.
Particulars Rs Particulars Rs
Establishment charges 2,555 Gross Profit 25,435
Rent, rates and taxes Interest on Govt.
1,450 Securities (Gross) 2,675
Sundry expenses 3,525 Rent from Property 2,700
Household expenses 940
Provision for bad debts 600
Loss on sale of motor
car (used for private
purpose) 900
253
Income from House Insurance premium
Property & Profits
and Gains of Business
(including life insurance
or Profession of Rs 1,790) 1,440
Interest on bank loan 690
Provision for
Depreciation 3,200
Net Profit 15,510
Total 30,810 Total 30,810
Additional information:
i) Bad debts wirtten off during the year –Rs 325
ii) Admissible depreciation as per Income-tax rules – Rs 800
iii) The assessee is running his business in a rented property, half of which is
used byhim for his own residence. Rent of Rs 1,200 in respect of entire
houses is included in rent, rates and taxes. The balance of Rs 250 is on
account of municipal tax paid for property given on rent.
Compute the Gross Total Income for the assessment year 2023-24.
Solution:
Illustration 6
From the Profit and Loss Account of Mr Kuldeep for the year ending March
31,2023, ascertain his total business income for the assessemnt year 2023-24:
Dr. Cr.
Particulars Rs Particulars Rs
General Expenses 6,700 Gross Profits 2,07,750
Bad debts 11,000 Commission 4,300
Advance tax 2,500 Brokerage 18,500
Insurance 300 Sundry receipts 1,250
Salary to staff Bad debt recovered
(earlier allowed as
13,000 deduction) 5,500
Salary to Mr X Interest on debentures
(i.e. net amount Rs
11,250 + tax deducted
24,000 at source: Rs 1,250) 12,500
Interest on overdraft Interest on deposit
with a company (non-
trade) (net interest : Rs
5,850 + tax deducted
2,000 at source: Rs 650 6,500
Interest on loan to Mr
X 21,000
Interest on capital of
Mr X 11,500
Depreciation 24,000
Advertisment
expenditure 3,500
Contribution to
employees’ recognised
provident fund 6,500
Net Profit 1,30,300
Total 2,56,300 Total 2,56,300
255
Income from House Other information:
Property & Profits
and Gains of Business 1) The amount of depreciation allowable is Rs.18,650 as per the Income-tax
or Profession
Rules. It includes depreciation on permanent sign board.
2) Advertisment expenditure includes Rs.1,500, being cost of permanent
sign board fixed on office premises.
3) Income of Rs.2,250, accrued during the previous year, is not recorded in
the Profit and Loss Account.
4) X pays Rs. 3,000 as premium on own life insurance policy of Rs.35,000.
5) General expenses includes (a) Rs.250 given to Mr. Xfor arranging a
party in honour of a friend who has recently come from cuba (b) Rs.500
being contribution to a political party.
6) Loan was taken from Mrs. X for payment of arrears of income-tax.
Solution:
Particulars Rs.
Net Profit as per Profit & Loss Account 1,30,300
Adjustments -
(+) Expenses for arranging personal party 250
Contribution to a political party 500
Advance tax 2,500
Salary to X 24,000
Interest on capital of X 11,500
Interest on loan taken for payment of income-tax 21,000
Capital expenditure on advertisment 1,500
Excess depreciation (i.e. Rs 24,000 – Rs 18,650) 5,350
Income not recorded in the profit and loss
account 2,250
1,99,150
(-)Interest on debentures 12,500
Interest on company deposit 6,500 (19,000)
Business income 1,80,150
Illustration 7
Mr.RamNath is practising as a Chartered Accountant in Delhi. He deposits
all receipts in his bank account and pays all expenses by account payee
cheque. Following is the analysis of his bank account for the year ending
31.3.2023.
256
Income from Profit
Dr. Cr. and Gains of
Business or
Particulars Rs. Particulars Rs. Profession-III
Compute the Gross Total Income after taking into account the following:
i) 1/4th of the motor car expenses relate to personal use.
ii) Car was purchased on 15.6.2021 and rate of depreciation on car is 15%.
iii) He stays in his house, the municipal value of which is Rs 4,000.
Following are the expenses which have been included in the above
account in respect of this house: Insurance premium Rs 250; Municipal
tax Rs 1,200.
257
Income from House Solution:
Property & Profits
and Gains of Business Computation of Gross Total Income of Mr Ram Nath for the assessment
or Profession
year 2023-24.
Particulars Rs Rs Rs
Income from house property
Annual Value (Rent received) 11,250
Less: Municipal taxes 1,300
Net Annual value 9,950
Less: Standard deduction 30% 2,985 6,965
258
Income from Profit
11.9 KEY WORDS and Gains of
Business or
Specified person: It includes relative, director of company or director’s Profession-III
relative.
Relative: It means husband, wife, brother or sister or any lineal ascendant or
descendant of that individual.
Substantial interest: A person having at least 20% of equity capital
(company) or 20% of profits of a concern at any time during the previous
year.
Gratuity: It is payment made according to the length of service.
Specified profession: It includes legal, medical, engineering, architectural,
accountancy, technical consultancy, interior decoration, authorized
representative, film artist, company secretary and information technology, or
any other profession as notified by the board in the official Gazette.
259
Income from House
Property & Profits 11.11 TERMINAL QUESTIONS/ EXERCISES
and Gains of Business
or Profession 1) Mr Anish is the owner of a business. Following is the profit and loss
account for the year ended on 31/03/23
Profit and loss acoount for the year ended 31/03/2023
Dr. Cr.
Particulars Rs Particulars Rs
Establishment charges 5,110 Gross Profit 50,870
Rent, Rates and taxes 2,900 Interest on 5,350
Govrenment
secuirties(Gross)
Sundary Expenses 7,050 Rent from property 5,400
Household expenses 1,880
Provisons for bad debts 1,200
Loss on sale of motor car 1,800
(Used for private purpose)
Insuarnce Premium 2,880
(Including life insurance of
Rs 1,790)
Interest on Bank Loan 1,380
Provision for depreciation 6,400
Net profits 31,020
61,620 61,620
Additional Information:
i) Bad debts written off during the year – Rs 650
ii) Admissible depreciation as per income tax rules –Rs 1,600
iii) The assessee is running his business in rented property, half of which is
used by him for his own residence, rent of Rs 2,400 in respect of entire
house is included in rent, rates and taxes.The balance of Rs 500 is on
account of municipal tax paid for property given on rent.
Compute his Gross total income for the assessment year 2023-24.
[Answer: Rs 41,570]
2) Mr Bankey Bihari owns the following commercial vehicles:
a) 2 light commercial vehilces- One for 9 months and two days and
other for 12 months.
b) 2 heavy good vehicles-One (whose gross vehicle weight in 13 MT)
for 6 months and 25 days and the other (Whose unlaiden is 14MT)
for 11 months and 12 days.
c) 2 medium goods vehicles- One for 6 months and the other for 8
months and 15 days.
260
Income from Profit
i) Compute the income from business if Mr Bankey Bihari opts and Gains of
for the scheme under section 44AE. Also compute his tax Business or
liability for the AY 2023-24, if he deposits Rs 20,000 in PPF Profession-III
account during the previous year.
ii) What will be the income if the trucks were not used for business
for 2 months during the year due to strike?
[Answer: Tax payable (rounded off) - Rs 16,430]
3) Mr Rajan, a leading tax consultant, who maintans books of account on
cash basis, furnishes the following particluars of income and expenditure
for the Assessment year 2023-24.
Particulars Rs Particulars Rs
Balance b/d 12,400 Purchase of a 6,000
typewriter
Fee from clients: Car expenses 18,000
Of 2019-20 1,30,500 Office expenses 40,000
Of 2020-21 11,500 Salary of staff:
Of 2021-22 13,000 Of 2018-19 32,000
Presents from clients 24,000 Of 2019-20 11,000
Loan from a client 38,000 Repairs 12,000
Interest on loan 10,000
Income tax payment 2,000
Life insurance 6,000
premium
Balance c/d 92,400
2,29,400 2,29,400
Depreciation on car is Rs 6,000.Car is partly used for official purposes
(40%) and partly for private purposes (60%).Determine the income
from’Business and Profession’ head of Mr Rajan for the assessment year
2023-24.
[Answer: Rs 63, 500]
4) From the particulars given below, compute the gross total income of Mr
Nitin for the assessment year 2023-24.
Profit and Loss Account for the year ended 31/03/2023
Dr. Cr.
Particulars Rs Particulars Rs
Interest 1,800 Gross Profit b/d 1,22,700
Repairs and Renewals 2,200 Interest on debentures 10,000
of an Institutions
(Gross)
Insurance 4,200 Rent from House 36,000
property
Depreciation 5,600
Compensation 10,200
261
Income from House Law charges 5,100
Property & Profits
and Gains of Business Labour Welfare 3,800
or Profession Expenses
Subscriptions 5,800
Net Profit 1,30,000
1,68,700 1,68,700
262
Income from Profit
SOME USEFUL BOOKS – LATEST EDITION and Gains of
Business or
Jain, R.K. Income Tax Law and Accounts, SBPD Publications, Agra Profession-III
263