banner_ad

Profession Tax

Last updated: 07 September 2007


Circular No: 16

Date of Issue: 18/2/1969

Section(s) Referred: 37(1)

Statute: Income-Tax Act

[15] Professional tax-Admissibility of professional tax as revenue expenditure under section 37(1) of I.T. Act, 1961.

It has been represented to the Board that the professional tax is not being allowed as a revenue expenditure under section 37(1) of the Income-tax Act, 1961 as its deduction is not covered by the specified provisions of section 40(a)(ii) of the Income-tax Act.

Section 40(a)(ii) of the I.T. Act, authorises disallowance of any sum paid on amount of any rate or tax levied on the profits or gains of any business or profession or assessed at a proportion of, or otherwise on the basis of, any such profits and gains.

The professional tax levied by local authorities cannot normally be considered to fall within section 4(a)(ii) of the I.T. Act. In order to fall in this category, it would be necessary that the rate or tax is levied on the profits or gains of the business, profession or vocation and it should be assessed at a proportion or otherwise, on the basis of such profits or gains. In other words, what the section essentialy seeks to convey is to prohibit the deduction of taxes on income.

Profession taxes are levied under Entry 60 of List II of the Constitution of India which speaks of taxes on professions, rates, callings and employments. Article 276 of the Constitution makes it clear that such taxes shall not be invalid on the ground that they relate to a tax on income though the quantum of tax might to some extent depend upon the amount of income earned. Strictly speaking, a profession tax is leviable whether or not any profits or gains accrue or arise in a particular year. The payment of such tax is a necessary condition for the carrying on of business within the area of a local authority.

It would accordingly appear that the professional tax paid by a person carrying on a business or trade, can be allowed to him as a deduction under section 37(1) of the Income-tax Act, 1961.

 


CCI Pro Comments




CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news





Company
02 May 2026
Experience Audit Manager

AGGARWAL SAMIR & CO

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 02 May 2026
Accounts and Audit Assistant

Kothawade and Laddha

Thane

B.Com

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
11 May 2026
AUDIT INTERN

M/S K.K.KHANNA AND COMPANY

Noida

CA Foundation

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details