Tax II Chapter I
Tax II Chapter I
TAX – II
Objectives
1. Understand the meaning of ‘Business’ and ‘Profession’ and the scope of income
chargeable to tax under this head.
2. Identify the expenses, payments that are admissible as deduction and the conditions to
avail the same.
3. Identify the expenditures which are not admissible as deduction.
4. Compute the capital gains from transfer of capital assets in the manner prescribed
5. Compute cost of acquisition and indexed cost of acquisition
6. Identify the income which are chargeable to tax under ‘Income from other sources’
7. Compute the tax on casual income
The following types of incomes are chargeable to tax u/s 28 under the head-profit and Gains of
Business:
Speculative Business
It means any business in which a contract for the purchase and sale of any commodity including
stock and shares are periodically or ultimately settled otherwise than by the actual delivery or
transfer of the commodity.
Business Income
1) Bad debts recovered allowed earlier. 6) Profit on sale of import license.
2) Sundry income/sales/commission 7) Sales tax refund (allowed earlier).
received/discount received/brokerage. 8) Smuggling income.
3) Miscellaneous incomes. 9) Export incentive.
4) Interest from debtors.
5) Refund of customs duty.
Allowed Expenses
Expenses incurred for earning the business income are called as allowed expenses. Besides the
regular and common expenses, the following expenses are also treated as business expenses and
they allowed to be deducted from business incomes.
1) Repairs and renewals of business 17) Staff welfare expenses.
premises. 18) Interest on loan, if loan is taken for
2) Rent/taxes/rates related to business. business purpose.
3) Bad debts. 19) Compensation to retrenched
4) Fire insurance paid for buildings and employees in the interest of the business.
goods used for business. 20) Salary to staff.
5) Expenditure on scientific research. 21) Discount allowed.
6) Any contribution to approved scientific 22) Guest house and holiday homes
research institution, colleges, universities expenses.
150% of the amount contributed is 23) Electricity/telephone bill/water bill
allowed as deduction. related to business premises.
7) Group insurance premium paid before 24) Printing/stationary.
the due date. 25) Travelling expenses relating to
8) Bonus commission paid before the due business purpose.
date. 26) Loss of goods or cash embezzled by
9) Sales tax paid before the due date. an employee.
10) Theft in office premises. 27) Depreciation.
11) Pooja expenses at office. 28) Legal expenses incurred to avoid
12) Employer contribution to RPF business liability and to defend the
13) Revenue advertisement expenses will assesses title of business.
be allowed in full. 29) Legal expenses for filing Income Tax
14) Demurrage paid to railways. appeal.
15) Establishment expenses. 30) Deposits made under Tatkal
16) Audit fees/salaries to Telephone Scheme or Scheme own your
employees/office expenses. telephone
Depreciation
It is a continuous, gradual and permanent fall in the value of an asset due to
wear and tear, passage of time and obsolescence of technology and change of
ownership etc.
Depreciation under income tax is to be claimed on the block of assets & not on
individual asset.
I. Buildings
Computers 40%
V. Intangible assets
Methods of depreciation
3) Additional depreciation
In case any new plant & machinery is acquire and installed on or after
01-04-2005, it shall qualify for additional depreciation.
1. Rent, rates, taxes, repairs and insurance of building used for the
business (Sec 30): The building may be own building or rented
one. As a tenant, any amount paid towards the current repairs is also
deductible. However, any premium paid towards rented house is not
allowed.
2. Repairs and insurance expenses paid in relation to plant and
machinery and furniture are allowed (sec.32): Any expenditure
incurred to replace petrol engine by diesel engine in a jeep to augment
the profit is allowed.
3. Depreciation u/s 32: Under Section 32 depreciation on assets is
allowed as deduction while computing income from business or
profession. To claim this deduction following conditions should be
satisfied: 1) Assessee should be owner of the asset. 2) Asset must be
used for the business. 3) Such use must be in the previous year.
4. Site restoration fund (sec. 33 ABA): Deduction in respect of
prospecting for or extraction or production of petroleum or natural gas
or both in India and abroad is allowed. Amount of deduction is-
Amount deposited or amount deposited or 20% of profits, whichever
is lesser.
5. Expenditure on Scientific research (sec. 35): Scientific research
means any activity for the extension of knowledge in the fields of
natural or applied science including for the extension of knowledge in
the fields of natural applied science including agriculture, animal
husbandry or
FOR PRIVATE CIRCULATION ONLY 12
fisheries. The following deductions are allowed in respect of
expenditure on scientific research:
a Revenue expenditure on in-house scientific research related to
business [Sec.35 (1) (i)]: Any expenditure of revenue nature
incurred on scientific research related to business is allowed in
full. Any expenditure incurred for the payment of salaries, material
within three years immediately preceding the commencement of
business is also allowed.
b Contribution of outsiders [Sec 35 (1)(ii)]: Any amount paid to
scientific research association which has object of undertaking
scientific research or
To a university, college, or other institution to be used for
scientific research is deductible at 150% of the sum paid. The
research programme may be related to business or not related to
business.
From financial year 2022-22 the rate will be 100%.
Payment of research in social science to any approved
institution, university or college is deductible at 100% of the
sum paid u/s 35 (1) (ii) & 35(1) (iii).
Capital expenditure incurred by an assessee who carries on
scientific research himself is fully deductible u/s 35 (2) in that
every year in which it is incurred. Unabsorbed part of such
expenditure will be carried forward and set off as unabsorbed
depreciation.
If the asset is sold without having been used for other purposes,
the sale proceeds or deduction allowed whichever is less is
treated as business income if the previous year in which the sale
took place. The excess of sale proceeds over deduction allowed
however is taxed as capital gain.
8. Bad debts[Sec. 36 (1) (vii) and (2)]: Amount of any bad debts of
part thereof, which is written off as irrecoverable in the accounts of
the assessee for the previous year is allowed as deduction subject to
the following conditions:
a The debt has been taken into account in computing the
income of the assessee of the previous year in which the
amount is written off or of an earlier previous year; or
b It represents money lent in the ordinary course of business of
money lending which is carried on by the assessee.
c There must be a debt.
d Debt must be incidental to the business.
e Debt must have been taken into account while computing
business income.
f Debt must have been written off in the books of account of
the assessee.
Notes:
9. Provision for bad debts [Sec .36 (1) (iii a)]: Normally any
provision for bad and doubtful debts is not allowed as deduction.
But the same may be allowed in the case of rural branches of
commercial banks.
TERMINAL QUESTIONS
1) Mr. Dhoni is the owner of a business. His profit and loss account for
the year ending 31-03-2023 was as follows:
Particulars Amount Particulars Amount
Additional Information:
1. Actual bad debts were ₹. 500.
2. Actual amount of income tax paid during the year ₹. 4,000.
3. Allowable depreciation as per IT. Rules ₹. 1,500
DEPRECIATION – 100 %
1. SIGN BOARD
2. PATENTS
3) Following is the P & L A/c of Mr. Shivaji, a Merchant, for the year ending
31st March 2023.
Particulars Amount Particulars Amount
Additional Information:
1. Salary to Staff includes Salary of ₹. 24,000of a son, who is a B. Com
4) From the P &L A/c of Mr. Ramesh for the year ending 31/3/2022. Compute
the Income from business for the A.Y. 2023-24.
Particulars Amount Particulars Amount
Additional Information:
1. General Expenses included ₹. 8,000 towards purchase of Computer.
2. Legal Expenses include ₹. 1,600 penalty by Customs Authority.
3. Rent includes ₹. 8,000 paid as rent of House in which assessee lives.
4. Depreciation allowed ₹. 12,000 as per Income Tax Rules (excluding
depreciation on Computer purchased).
5. Income tax in excessive to the extent of ₹. 5,000.
5) From the below given P & L a/c and Additional information of Mr. David.
Compute his taxable business income for A.Y. 2023-24.
Particulars Amount Particulars Amount
Adjustment:
1. Salary includes a payment of ₹. 8,000 given to an employee outside
India and no tax has been deducted at source.
2. Written down value of plant and machine ₹. 80,000 as on 1-4-2023 new
plant costing Rs. 80,000 has been installed during the month Nov. 2020.
Provide depreciation at 15%
3. Festival expenses include a gift of ₹. 2,000 give to relative at the time of
his marriage.
4. Sundry expenses include ₹. 5,000 on the maintenance of a guest house.
5. Legal expenses include a payment of ₹. 12,000 given to a tax consultant
in connection with an income tax appeal.
6. Furniture was sold for ₹. 600 and then WDV is ₹. 900.
7. Sundry profits include ₹. 10,000 withdrawn from his PPF.
8) Mr. Krishna runs cement plant. His Profit and Loss A/c for the year ending
31/03/2023 is as follows:
Particulars Amount Particulars Amount
Chartered Account/Auditor
Professional Receipt Professional Expense
Lawyer
Professional Receipt Professional Expense
Doctor
Professional Receipt Professional Expense
1) Sale of medicines 1) Cost of medicines purchased
Problems of Doctors
1) Dr. Rekha is a registered medical practitioner, she provides her Receipts and
payments A/c for the year ended 31st March 2023.
Particulars Amount Particulars Amount
2) Following is the Receipts and Payments of Doctor Hariprasad for the year
ending 31-3-2023
Particulars Amount Particulars Amou
nt
Additional Information:
1. Gift form patient ₹. 4,000 was given to him by a patient not included in
the account.
2. ¼ of motor car expenses relate to personal use.
3. The rate of depreciation on surgical equipment is 40%.
4. Interest received on bank deposits.
5. Audit fee include income tax appeal expenses of ₹. 10,000.
Compute his taxable income from profession for the A.Y. 2023-24.
5) From the following Income and Expenditure A/c and additional information
of Dr. Patel. Who maintains books of accounts under mercantile system of
accounting, compute taxable income from profession for the A.Y 2023-24
Particulars Amount Particulars Amount
Additional Information:
1. 40% of car expenses are for personal use.
2. Depreciation on car and surgical equipment is at 40% and on laptop and a
book is at 40%.
3. Income tax includes ₹. 2,000 profession tax paid to state government.
4. Gift from patients include ₹. 8,000 received on the occasion of
marriage from friends.
5. Closing stock of the medicine is ₹. 7,500.
Adjustments:
8) The following is the Receipts and Payment A/c of Mr. Ramki a Chartered
Accountant for the P.Y ended on 31-03-2023.
Other information:
1. ¼ car usage is personal.
2. Depreciation on car ₹. 10,000.
3. Depreciation on office furniture ₹. 7,000.
Calculate income from profession for the AY 2023-24
9) Sri Krishna is a CA. He gives you the following Income and Expenditure
A/cc for the year ending 31-03-2023
Income and Expenditure A/c
Expenditure Amount Income Amount
Adjustments:
1. The car is used equally for professional and personal purpose.
2. Allowable depreciation on car for official purpose Rs. 10,000.
3. Depreciate typewriter @ 15% and furniture @ 10%
4. Staff salaries include Rs. 4,000 paid to domestic servant.
5. Loan was taken for personal use.
6. Allowed depreciation on professional books @ 40%.
7. Office rent Rs. 3,000 though paid is not recorded.
Problems on Lawyers
10) Mr. Anand, an advocate residing in Delhi submits his receipts and
payment account for the previous year 2022-23.
Receipts Amount Payments Amount
2,39,500 2,39,500
12) Mr. Ranganath is a leading tax consultant who maintains his books of
account on cash basis furnish the following receipts and payments account
for the previous year 2022-23. Compute his professional income.
Receipts Amou Payments Amount
nt
To Balance b/d 22,000 By books
To fees from clients purchases ( 12,000
For 2018-19 1,50,00 annual 30,000
For 2019-20 0 Publication) 18,000
To gifts and presents 33,000 By Computer 40,000
To Interest free loan from a 25,000 purchased By Car
Client purchase of car expenses 32,000
To Winning from lottery 2,40,00 By Office 8,000
(Gross) 0 expenses By 3,00,000
To Share from HUF 46,000 Salary to staff 5,000
To Bonus and commission 70,000 For 2018-19 3,000
from For 2019-20 2,000
the partnership firm 14,000 By Car 1,50,000
Other Information:
1. Expenses include ₹. 18,000 and ₹. 12,000 paid in cash as brokerage to a
single party on a single day.
2. Depreciation calculated as per section 32 is ₹. 40,000
Compute the total income of the firm.