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NexGen School of Financial Market Tax Planning Income From Business & Profession

Income From Business & Profession

by Dr. Gaurav Sinha & Mr. Vinay Kohli  ·  Unit 4 of 10
People earn their livelihood in different ways, and the Income Tax Act recognizes these differences by taxing various sources of income under separate heads. While employees earn a salary from their employers, entrepreneurs generate profits by running businesses, and professionals such as doctors, lawyers, architects, consultants, and chartered accountants earn income by offering specialized services. Since the nature of these earnings is different, the method of taxation is also different. Income arising from business activities or professional services is taxed under the head **"Profits and Gains of Business or Profession (PGBP)."** Understanding this category is essential for business owners, self-employed individuals, freelancers, and professionals who wish to manage their taxes efficiently while complying with the law. The taxation of business and professional income is primarily governed by **Section 28 of the Income Tax Act**. This section specifies the types of income that are taxable under this head. These include profits earned from carrying on a business or profession, compensation received in connection with business activities, export incentives, benefits or perquisites arising from business operations, remuneration received by partners from partnership firms, proceeds from Keyman Insurance Policies, and certain receipts relating to business assets or contractual agreements. Regardless of the source, the common factor is that the income must arise directly from carrying on a business or professional activity. The computation of taxable business income follows a systematic process. It begins with calculating the gross receipts or turnover generated during the financial year. From this amount, all eligible business expenses incurred wholly and exclusively for earning the income are deducted. These may include employee salaries, office rent, electricity expenses, administrative costs, marketing expenses, insurance premiums, depreciation, and other legitimate business expenditures. The balance remaining after allowable deductions represents the taxable profit under the head "Profits and Gains of Business or Profession." One of the most important deductions available to businesses is **depreciation**, which is governed by **Section 32 of the Income Tax Act**. Depreciation represents the gradual reduction in the value of assets due to wear and tear, usage, or obsolescence over time. Instead of allowing businesses to deduct the full cost of an asset in the year of purchase, the Income Tax Act permits the cost to be spread over several years through depreciation. This provision applies to tangible assets such as buildings, machinery, furniture, and vehicles, as well as intangible assets like patents, copyrights, trademarks, and licenses. For depreciation to be claimed, certain conditions must be satisfied. The assessee must own the asset, either wholly or partly, and the asset must have been used for the purposes of the business or profession during the relevant financial year. Since depreciation is considered a statutory deduction, it is generally allowed even if the taxpayer does not specifically claim it while computing taxable income. This ensures a more accurate representation of business profits by accounting for the gradual decline in asset value. While many business expenses are deductible, the Income Tax Act also identifies certain expenditures that cannot be claimed as deductions. Under **Section 40A**, payments made to specified relatives under certain circumstances, cash payments exceeding the prescribed limit, provisions created for gratuity that do not satisfy statutory conditions, and certain contributions made to funds or trusts are disallowed. These restrictions are intended to discourage tax avoidance and ensure that only genuine business expenses reduce taxable income. Another important responsibility for businesses and professionals is maintaining proper books of account. Under **Section 44AA**, specified professionals and businesses exceeding the prescribed limits of income or turnover are required to maintain detailed books and supporting documents. Proper accounting records not only help in calculating taxable income accurately but also make it easier to prepare financial statements, obtain loans, and comply with regulatory requirements. Maintaining organized records is therefore an essential part of responsible business management. In addition to maintaining books of account, certain taxpayers are also required to undergo a **tax audit** under **Section 44AB**. Businesses and professionals whose turnover, receipts, or income exceed the prescribed thresholds must have their accounts audited by a qualified Chartered Accountant before filing their income tax returns. A tax audit improves transparency, enhances financial credibility, and ensures that taxable income has been computed according to the provisions of the Income Tax Act. The Income Tax Act also distinguishes between **capital receipts** and **revenue receipts**. Capital receipts, such as money received from the sale of capital assets or capital contributions made by owners, are generally not treated as business profits unless specifically provided under the law. Revenue receipts, on the other hand, arise from the regular operations of the business and form part of taxable business income. Understanding this distinction is important because it directly affects the computation of taxable profits. Businesses may choose either the **cash system of accounting** or the **mercantile (accrual) system of accounting**, depending on the applicable provisions and the nature of their operations. Under the cash system, income and expenses are recognized only when money is actually received or paid. Under the mercantile system, income and expenses are recorded when they become due, regardless of the actual movement of cash. Selecting an appropriate accounting method ensures consistency and accurate reporting of financial performance. There may also be situations where a business incurs losses during a financial year. The Income Tax Act provides provisions for the **set-off and carry forward of losses**, enabling taxpayers to adjust eligible losses against future profits, subject to specified conditions. Similarly, **unabsorbed depreciation** can be carried forward and adjusted in subsequent years, reducing future tax liabilities and providing relief to businesses during periods of lower profitability. Overall, the taxation of income from business and profession is considerably more detailed than salary taxation because of the wide variety of business structures, transactions, and expenses involved. A clear understanding of taxable receipts, allowable deductions, depreciation, accounting requirements, and audit provisions enables businesses and professionals to comply with tax laws while optimizing their tax liability. Effective tax planning in this area not only ensures legal compliance but also contributes to stronger financial management and sustainable business growth.