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business income

Latest Articles


Income from ‘Profits and Gains of Business or Profession’

Income Tax : Understand income tax rules for business & profession in India. Covers business, profession, vocation, occupation, and deduction g...

March 15, 2025 1500 Views 1 comment Print

Income from Business and Profession under Income Tax Act 1961

Income Tax : In the realm of taxation, income is classified into various categories, with one of the most significant being Income from Busines...

March 13, 2025 1677 Views 0 comment Print

Taxability of director remuneration: Salary or Business income

Income Tax : Understand whether director remuneration is taxed as salary or business income. Learn about tax implications, employer-employee re...

March 3, 2025 8901 Views 0 comment Print

Difference Between Partner’s Salary and Partner’s Remuneration

CA, CS, CMA : In a partnership, compensation for the partners’ time, expertise, and capital investment is an important part of the busines...

November 18, 2024 4032 Views 1 comment Print

Disallowed Expenses While Calculating Profits & Gains of Business or Profession

Income Tax : Learn about disallowed expenses under PGBP in India's Income Tax Act. Understand key sections like 37, 40, and 40A, and their impa...

October 7, 2024 6996 Views 0 comment Print


Latest News


Budget 2024: House Property Rental Income cannot be taxed as Business Income

Income Tax : From April 1, 2025, rental income from house properties must be reported under "Income from House Property," not as business incom...

July 23, 2024 2853 Views 0 comment Print

Under DTC income arising on purchase and sale of securities by FIIs shall be deemed to be capital gain

Income Tax : The introduction of the Direct Taxes Code (DTC), which will replace the 50-year-old Income Tax Act, will make Foreign Institutiona...

June 23, 2010 459 Views 0 comment Print

Cut in corporate tax rate will not benefit all sectors as MAT will increase tax burden

Income Tax : The proposed reduction in corporate tax rate from 30% to 25% in the new direct tax code is only one side of the story. The cut ha...

August 17, 2009 588 Views 0 comment Print

Double Taxation Avoidance Agreement Signed Between India and Tajikistan

Income Tax : A Double Taxation Avoidance Agreement was signed between India and Tajikistan today, i.e. 20th November, 2008. The Agreement was s...

December 1, 2008 636 Views 0 comment Print


Latest Judiciary


Contract money and compensation on delayed payment is business income

Income Tax : In ITO vs. Late Shri Chandi Ram, ITAT Jaipur upheld CIT(A)'s decision, recognizing arbitration and interest receipts from contract...

June 19, 2023 1665 Views 0 comment Print

Interest on deposits cannot be treated as business Income for Section 44AD

Income Tax : Assessee cannot include interest received on deposits as business receipts and estimate net profit under section 44AD on such inte...

May 3, 2023 3687 Views 0 comment Print

Waiver of loan not taxable u/s. 28(i) as it is not a business income

Income Tax : ITAT Pune held that waiver of loan is not taxable under section 28(i) of the Income Tax Act as the same is not a business income....

April 10, 2023 3708 Views 0 comment Print

Deemed rent not applicable on unsold flats treated as stock-in-trade by builder

Income Tax : Appellant builder treated Property as stock-in-trade & profits on its sale would be offered as business income and no rental incom...

March 16, 2023 4446 Views 0 comment Print

Rental income from giving out commercial properties for compensation as per MOA is business income

Income Tax : ITAT Mumbai held that rental income from giving out commercial properties for compensation as per Memorandum of Association (MOA) ...

March 11, 2023 5028 Views 0 comment Print


Latest Notifications


Draft notification for determination of FMV of inventory converted in Capital Assets

Income Tax : Clause (via) in section 28 is inserted by Finance Act, 2018, w.e.f. Financial year 2018-19 and it provides taxation of Inventory i...

May 3, 2018 2301 Views 0 comment Print

CA certificate required to be given to the banker even in respect of import payments

Finance : A. P. (DIR Series)CIRCULAR NO03/RBI under Section 195 of the Income Tax Act read with Rule 29B of the IT Rules, any person respons...

July 26, 2007 35445 Views 0 comment Print


Section 28: Profits and gains of business or profession

June 4, 2021 135096 Views 0 comment Print

Section 28 of Income Tax Act, 1961 – Profits and gains of business or profession. The following income shall be chargeable to income-tax under the head “Profits and gains of business or profession” 1. Income of Business or Profession carried on by the assessee. 2. Compensation received by any person in following cases: a. In […]

Income Heads – Some Issues – Business Income

May 18, 2021 1668 Views 0 comment Print

Even after discussion at length of heads there are some issues which holds worth for discussion, some of them are being discussed here. If a business receives an amount on which ‘right to receive is yet to be established’ (In case of participation in technical collaboration) . In such cases what is the substance of […]

Whether the gains or losses from sale of securities shall be treated as ‘Income from Business’ or ‘Capital Gain’

April 7, 2021 17025 Views 0 comment Print

Today’s question is very crucial and need to clarify whether the gains or losses from sale of securities shall be treated as ‘Income from Business’ or ‘Capital Gain’. In this concern, it is notable that when an assessee wants to treat the sale of securities as ‘business income’, he is allowed to reduce expenses incurred […]

Interest Income on FDR’s Pledged to obtain Contract is Business Income

November 20, 2020 1845 Views 0 comment Print

The issue under consideration is whether the interest income on FDR’s pledged for security purposes in obtaining the contract business comes within the ambit of business income?

Funds raised by FCCB Buy Back at Discounting Rate is Not Business Income

October 13, 2020 747 Views 0 comment Print

The issue under consideration is whether the funds raised from buy back of FCCB at discounting rate is  considered as business income and tax u/s 28 of the Income Tax Act?

Income from Lease Money or Rentals taxable as Business Income if it is Exclusive or Predominant Business of Assessee

September 25, 2020 6072 Views 0 comment Print

The issue under consideration is whether the income earned by the Assessees during the Assessment Years in question from letting out of its warehouses or property to lessees, is taxable under the head ‘Income from Business’ or ‘Income from House Property?

TDS deductible on Salary Paid to Partners?

August 8, 2020 115011 Views 2 comments Print

o Employer Employee Relationship exist between a partnership firm and partners so TDS is not required to be deducted on Partner’s Remuneration.

No Section 263 invocation If AO taken One possible view out of Many

July 10, 2020 858 Views 0 comment Print

PCIT’s action under challenge is not sustainable since the Assessing Officer had taken one of the possible views only in this factual backdrop. It is reversed therefore.

Lease Income taxable as Business Income if property objective is income earning

July 5, 2020 19053 Views 1 comment Print

The issue under consideration is whether the lease income earned by the assessee is taxable under head Income from House Property or Income From Business ans Profession?

Profits on sale of shares when taxable as capital gains & when as business income

July 2, 2020 21319 Views 0 comment Print

After my article on tax implication of different treatments of profits on sale of shares, I have received unprecedented number of mails asking for clarification as to when it is to be treated as capital gains and when it can be treated as business income. So I decided to write an article on the subject proper as to when it can be treated as capital gains and when as business income. Though the Income tax laws provides for taxation of profit on transfer of capital asset under the head capital gains, there are situations/cases when the activity of buying and selling of listed shares is treated as trading activity either by the tax payer or by the revenue authorities and any profit on it is taxed as business income.

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