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Today I have brought a new post in front of you on a new topic.
In today's post, I want to give you some information about income tax. Today I am just talking about some PGBP Incomes . And the rest I will tell you in my next post.
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Income Under The Head of Profit And Gains of Business and Profession.
Read More :- Company Law Notes For B.com
S. No. |
Section |
Particulars |
1. |
28(i) |
Profit and gains
from any business or profession carried on by the assessee at any time during
the previous year |
2. |
28(ii) |
Any compensation or
other payment due to or received by any specified person |
3. |
28(iii) |
Income derived by a
trade, professional or similar association from specific services performed
for its members |
4. |
28(iiia) |
Profit on sale of a
license granted under the Imports (Control) Order 1955, made under the Import
Export Control Act, 1947 |
5. |
28(iiib) |
Cash assistance (by
whatever name called) received or receivable by any person against exports
under any scheme of Government of India |
6. |
28(iiic) |
Any duty of Customs
or Excise repaid or repayable as drawback to any person against exports under
the Customs and Central Excise Duties Drawback Rules, 1971. |
7. |
28(iiid) |
Profit on transfer
of Duty Entitlement Pass Book Scheme, under Section 5 of Foreign Trade
(Development and Regulation) Act, 1992 |
8. |
28(iiie) |
Profit on transfer
of Duty Free Replenishment Certificate, under Section 5 of Foreign Trade
(Development and Regulation) Act 1992 |
9. |
28(iv) |
Value of any
benefits or perquisites arising from a business or the exercise of a
profession. |
10. |
28(v) |
Interest, salary,
bonus, commission or remuneration due to or received by a partner from
partnership firm |
11. |
28(va) |
a) Any sum
received or receivable for not carrying out any activity in relation to any
business or profession; or b) Any sum received
or receivable for not sharing any know-how, patent, copyright, trademark,
licence, franchise, or any other business or commercial right or information
or technique likely to assist in the manufacture of goods or provision of
services. |
12. |
28(vi) |
Any sum received
under a Key man Insurance policy including the sum of bonus on such policy |
12A. |
28(via) |
Any profit or gains
arising from conversion of inventory into capital asset. |
13. |
28(vii) |
Any sum received (
or receivable) in cash or in kind, on account of any capital assets (other
than land or goodwill or financial instrument) being demolished, destroyed,
discarded or transferred, if the whole of the expenditure on such capital
assets has been allowed as a deduction under section 35AD |
14. |
Explanation to
section 28 |
Income from
speculative transactions. However, it shall be deemed to be distinct and
separate from any other business. |
15. |
41(1) |
·
Remission
or cessation of liability in respect of any loss, expenditure or trading
liability incurred by the taxpayers ·
Recovery
of trading liability by successor which was allowed to the predecessor shall
be chargeable to tax in the hands of successor. Succession could be due to
amalgamation or demerger or succession of a firm succeeded by another firm or
company, etc. ·
Any
liability which is unilaterally written off by the taxpayer from the books of
accounts shall be deemed as remission or cessation of such liability and
shall be chargeable to tax. |
16. |
41(2) |
Depreciable asset in
case of power generating units, is sold, discarded, demolished or destroyed,
the amount by which sale consideration and/ or insurance compensation
together with scrap value exceeds its WDV shall be chargeable to tax. |
17. |
41(3) |
Where any capital
asset used in scientific research is sold without having been used for other
purposes and the sale proceeds together with the amount of deduction allowed
under section 35 exceed the amount of the capital expenditure, such surplus
or the amount of deduction allowed, whichever is less, is chargeable to tax
as business income in the year in which the sale took place. |
18. |
41(4) |
Where bad debts have
been allowed as deduction under Section 36(1)(vii) in earlier
years, any recovery of same shall be chargeable to tax. |
19. |
41(4A) |
Amount withdrawn
from special reserves created and maintained under Section
36(1)(viii) shall be chargeable as income in the previous year in which
the amount is withdrawn. |
20. |
41(5) |
Loss of a discontinued business or profession could be adjusted from the deemed business income as referred to in section 41(1), 41(3), (4) or (4A) without any time limit. |
20A. |
43AA |
Any foreign exchange
gain or loss arising in respect of specified foreign currency transactions
shall be treated as income or loss. Such gain or loss shall be computed in
accordance with notified ICDS [subject to Section 43A] |
21. |
43CA |
Where consideration
for transfer of land or building or both as stock-in-trade is less than the
stamp duty value, the value so adopted shall be deemed to be the full value
of consideration for the purpose of computing income under this head. However, no such
adjustment is required to be made if value adopted for stamp duty purposes
does not exceed 110% of the sale consideration. |
21A. |
43CB |
The profits and
gains arising from construction contract or a contract for providing service
is to be determined on the basis of percentage completion method, in
accordance with the notified ICDS. In case of contract
for providing services with duration of not more than 90 days, the profits
and gains shall be determined on basis of project completion method. While as in case of
contract for providing services with indeterminate number of acts over a
specified period of time shall be determined on basis of straight line
method. |
22. |
43D |
As per RBI
Guidelines, Interest on bad and doubtful debts of Public Financial
Institution or Scheduled Bank or [a co-operative bank other than a primary
agricultural credit society or a primary co-operative agricultural and rural
development bank] or State Financial Corporation or State Industrial
Investment Corporation, shall be chargeable to tax in the year in which it is
credited to Profit and Loss A/c or year in which it is actually received,
whichever happens earlier. With effect from
Assessment Year 2020-21, the Finance (No. 2) Act, 2019 has covered ‘Deposit
Taking NBFCs’ and ‘Systemically Important Non-deposit Taking NBFCs’ in the
ambit of section 43D. Hence, such NBFCs shall be able to recognize interest
on bad and doubtful debts in the year in which it is credited to Profit and
Loss A/c or year in which it is actually received, whichever happens earlier. |
23. |
43D |
Similarly as per NHB
Guidelines, Interest on bad and doubtful debts of housing finance company,
shall be chargeable to tax, in the year it is credited to P & L A/c or
year in which it is actually received by them, whichever is earlier. |
24 |
— |
Assistance in the
form of a subsidy or grant or cash incentive or duty drawback or waiver or
concession or reimbursement (by whatever name called) by the Central Govt. or
State Govt. or any authority or body or agency to the assessee would be
included in definition of income as referred to in Section 2(24). However, in
the following cases subsidy or grant shall not be treated as income: i) The subsidy or
grant or reimbursement which is taken into account for determination of the
actual cost of the asset in accordance with the provisions of Explanation 10
to clause (1) of Section 43; ii) The subsidy or
grant by the Central Government for the purpose of the corpus of a trust or
institution established by the Central Government or a State Government, as
the case may be. |
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