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Incomes Chargeable Under “Profits and Gains of Business or Profession” (PGBP) [Section 28]

Section 28 of the Income Tax Act, 1961, is a key provision that defines the types of income chargeable under the head “Profits and Gains of Business or Profession” (PGBP). This section is crucial for both individuals and entities engaged in business or profession, as it outlines what constitutes taxable business or professional income and […]

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Method of Accounting Under Section 145 & Income Computation and Disclosure Standards (ICDS)

Section 145 of the Income Tax Act, 1961 governs the method of accounting for computing taxable income under the heads “Profits and Gains of Business or Profession” (PGBP) and “Income from Other Sources.” It also introduces Income Computation and Disclosure Standards (ICDS), which standardize income computation for tax purposes. 1. Methods of Accounting [Section 145(1)] Taxpayers must adopt one of the following methods for income computation:

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Expenses Expressly Allowed as Deductions [Sections 30 to 37] – Complete Guide

Under the Income Tax Act, 1961, the following business/profession expenses are expressly allowed as deductions when computing taxable income: 1. Deductions for Rent, Repairs & Insurance of Business Premises [Section 30] Section 30 of the Income Tax Act allows deductions for expenses related to business premises under three categories: 1. Rent for Business Premises [Section

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Section 36: Other Deductions (Profits & Gains of Business/Profession)

Section 36 of the Income Tax Act, 1961 lists specific deductions allowed against business income, in addition to those under Section 30-35. Below is a structured breakdown: A. Key Deductions Under Section 36 CLAUSE DEDUCTION CONDITIONS & LIMITS 36(1)(i) Insurance Premium (Fire, Marine, etc.) Must be for business assets/stocks 36(1)(ia) Bonus/Commission to Employees Paid within 9 months of FY-end (else deductible in actual payment

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General Deductions [Section 37(1)]

Section 37(1) of the Income Tax Act, 1961 is a crucial provision that allows businesses and professionals to claim deductions for expenses incurred wholly and exclusively for business or profession, provided they are not capital or personal in nature and not covered under Sections 30 to 36. This section serves as a residual provision, covering expenses that do not fall under other specific

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Advertisement to Political Parties [Section 37(2B)] – Applicability to “Profits and Gains of Business or Profession”

1. Key Provision Section 37(2B)of the Income Tax Act, 1961, disallows any deduction for expenses incurred on advertisements in political party publications (e.g., souvenirs, brochures, or event sponsorships). This applies to businesses and professionals claiming expenses under “Profits and Gains of Business or Profession” (PGBP). 2. Conditions for Disallowance Nature of Expense: Payments made to political parties or their affiliatesfor advertisements.

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Section 38: Disallowance for Assets Not Exclusively Used for Business

Section 38 of the Income Tax Act, 1961 governs deductions for depreciation and other expenses related to assets (buildings, plant & machinery, furniture) that are partly used for business and partly for non-business purposes. 1. Key Provisions A.  Partial Business Use (Section 38(1)) If an asset is not exclusively used for business, deductions are proportionately disallowed. Formula: Allowable Expense = Total Expense

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Amounts Not Deductible [Section 40]

Under the Income Tax Act, 1961, certain expenses are expressly disallowed while computing taxable income under the head “Profits and Gains of Business or Profession” (PGBP). These restrictions are outlined in Sections 40(a), 40(b), and 40(ba) to prevent tax evasion and ensure compliance. Below is a detailed breakdown of these provisions: 1. Section 40(a): Disallowance Due to Non-Compliance with

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Expenses or Payments Not Deductible Under Section 40A

Section 40A of the Income Tax Act, 1961 specifies certain expenses or payments that cannot be deducted while computing taxable income under the head “Profits and Gains of Business or Profession” (PGBP). These provisions aim to prevent tax evasion, ensure compliance, and promote transparency in business transactions. Below is a detailed breakdown of the key disallowances under Section 40A, along with conditions, exceptions,

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Section 43B: Deductions Allowed Only on Actual Payment

Section 43B of the Income Tax Act, 1961 is a crucial provision that disallows certain expenses unless they are actually paid by the assessee during the previous year. This section overrides the accrual system of accounting and ensures that deductions are claimed only when payments are made. Key Features of Section 43B Cash Basis Over Accrual Basis: Even if an expense is recorded

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