"INCOME FROM THE HEAD OF BUSINESS OR PROFESSION "

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INCOME FROM THE HEAD OF BUSINESS OR PROFESSION




Business : - u/s 2 (13) Business includes ay type of trade, commerce and manufacture or any adventure or concern in the

nature of trade, commerce or manufacture. It is not necessary that there should be a series of transactions in a business

and that it should be  carried on permanently. Neither repetition nor continuity of similar transactions is necessary. Profit of

an isolated transaction is also taxable under this head, provided that it is a venture in the nature or business or trade. IN

this connection , it is important that the intention of purchase or manufacture should be to sell at a profit .



Profession  - Profession   means the activities for earning livelihood that require intellectual skill or manual skill, e.g. the work

of a lawyer, doctor, auditor, engineer and so on . Profession includes vocation . Vocation means activates which are performed

in order to earn livelihood e.g. brokerage, insurance agency ,  music etc.



Taxable income under the head of businesses profession



Profits and gains from business and profession include following




*  The profits and gains of any business or profession which was carried on by the assessee at any time during the precious year.



*   Any interest, salary, bonus commission or remuneration due to or received by a partner of a firm provided that it has been allowed

as deduction in computing the taxable profits of such firm



* Income from speculative transactions (But losses from betting business have been kept separate from normal income )



* If the business of assessee is to invest in securities then profit or loss incurred due to sale/ purchase of shares will be calculate

under this head ( but debentures will not come under this head )

Replies (2)

* Apart from the above, income of trade unions key man insurance policy amount, specific receipts related to import-export, agency commission etc.



Important facts relating to business or profession



* Tax is chargeable from the person who carries out on the business or profession . The essential requirement is that he should be entitled to carry out the business. It is immaterial if the Assessee (owner of the business ) carries on the business through a manager/

servant /agent etc (sec. 28)



* Whether the business is legal or illegal , the profits will be calculated under this head only (profits due to betting, smuggling etc. )



* Losses are also considered in the head of business or profession and are adjusted against income from other sources. If it cannot be adjusted then it can be forwarded to adjust income of coming years.



* Estimated or imaginary profits are not taxable .



Expressly Disallowed Deduction



            Out of the various expenses occurring on business or profession the some expenses are not allowed for deduction form income from the head of business or profession, few are as under




Payment of direct taxes  -         Payment of income tax /wealth tax and related penalty or interest.

Capital Expenditures      -         For fixed assets such as land , building , car etc.


Penalty                             -      Any type of penalty relating to direct-indirect tax, legal-illegal              

                                                 business 


Capital losses                   -       Losses incurred due to sale of capital assets.


Inpidual expenses         -      Assessee`s inpidual expenses such as domestic expenses, life insurance premium etc.

insurance premium etc.



Payment to relatives         -       If the assessee is paying any unreasonable amount to his relative or sister

 in concern with the business or profession then such amount is not allowed for deduction



Interest on personal capital     It the owner of the business debits any interests from his account (on  personal capital or loan )

then such interest is not allowed for  deduction        




Cash payments                U/S 40A (3) if payment of any expenditure (incurred after 1st April 07)                                               

                                            of more than Rs. 20000/- is made in cash (but not through a/c payee                 

                                            cheque or DD etc ) then such expenditure shall be fully (i.e.100%)  disallowed 

                                            (Excluding particular situations mentioned in rule 6DD                                                                                  


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