Meaning of Business and Profession, Basis of Charge Sec. 28, Income Tax Law and Practice Notes, B.Com 3rd Sem CBCS Pattern

Profits and Gains from Business and Profession
Meaning of Business and Profession, Basis of Charge Sec. 28
Income Tax Law and Practice Notes
B.Com 3rd Sem CBCS Pattern

Meaning of Business and Profession

Q. 1. WHAT IS THE MEANING OF “BUSINESS” & “PROFESSION” AS PER INCOME TAX ACT? What is the Basis of Charge [Sec. 28]

Ans: Business: “Business” simply means any economic activity carried on for earning profits. Sec. 2(3) has defined the term as “ any trade, commerce, manufacturing activity or any adventure or concern in the nature of trade, commerce and manufacture”. In this connection it is not necessary that there should be a series of transactions in a business and also it should be carried on permanently. Neither repetition nor continuity of similar transactions is necessary. 

Profession: Section 2(36) defines “Profession’’ to include vocation. Therefore, even if aperson carries on any activity, not on the basis of ability and knowledge acquired out ofa carries on any activity, not on the basis of ability and knowledge acquired out of aprofessed study, degree or diploma but on account in inborn talent, skill and attributes,any income derived there from shall also be considered as professional income. Example, income earned by rendering services by C.A., Lawyer, Doctor, Engineer, Architect, photographer etc. So profession refers to those activities where the livelihood is earned by the persons through their intellectual or manual skill.

Basis of Charge Sec. 28

The following income shall be chargeable to income-tax under the head “Profits and gains of business or profession” (Chargeability - Sec. 28):

a)      The profits and gains of any business or profession which was carried on by the assessee at any time during the previous year;

b)      Any compensation or other payment due to or received by,—any person, by whatever name called, managing the whole or substantially the whole of the affairs of an Indian company, at or in connection with the termination of his management or the modification of the terms and conditions relating thereto;

c)       Income derived by a trade, professional or similar association from specific services performed for its members ;

d)      The value of any perquisite  or benefit  arising from business or profession , whether convertible into money or not,;

e)      Any interest, commission , salary, remuneration , or bonus due to, or received by, a partner of a firm from such firm : 

f)       Any sum received under a Keyman insurance policy including the sum allocated by way of bonus on such policy.

g)      Income from speculative transactions.

h)      Any sum, whether received or receivable, in cash or kind, under an agreement for:

a.       not carrying out any activity in relation to any business; or

b.      not sharing any know-how, patent, copyright, trade-mark, licence, franchise or any other business or commercial right of similar nature 

i)        Any profit on the transfer of the Duty Free Replenishment Certificate

j)        Any profit on the transfer of the Duty Entitlement Pass Book Scheme

k)      Profits on sale of a license granted under the Imports (Control) Order, 1955, made under the Imports and Exports (Control) Act, 1947 (18 of 1947) 

Business Income not Taxable under the head “Profits and Gains of Business or Profession”

In the following cases, income from trading or business is not taxable under Sec. 28, under the head “Profits and Gains of Business or Professions” :

Nature of Income	Head under which it is chargeable to Tax
Rental income in the case of dealer in property	Rent of house property is taxable under Sec. 22 under the head “ Income from House Property” even if property constitutes Stock-in-trade of recipient of rent or the recipient of rent is engaged in the business of letting  properties on rent.
Dividend from an Indian company, agricultural income, life insurance maturity amount etc.	These incomes are exempted from tax.
Dividend on shares in the case of a dealer-in-shares.	Dividend on shares are taxable under section 56(2)(i), under the head “Income from other sources” , even if they are derived from shares  held as stock in trade or the recipient of dividends is a dealer-in-shares. However, dividend received from an Indian company is not chargeable to tax in the hands of shareholders.
Income for investments, race course, Winning from Lotteries, part time salaries etc.	Winning form Lotteries, races, etc. are taxable under the head “Income from Other Sources” ( even if derived as a regular business activity)