Business / profession must be carried on by the assessee
Business / profession must be carried on by the assessee during the previous year Taxable profit is the profit which accrues / arises during the year. Any amount recovered during the year which was claimed as a deduction during the year is chargeable as income.
Expense should relate to the business Expenses should relate to the taxable income It should have been incurred during the previous year It should not have been incurred for any purpose which is an offence or prohibited by law. No allowance in respect of anticipated losses
In a nutshell, any revenue expenditure actually incurred for
earning business income is allowed as a deduction.
Deductions expressly allowed
1. Rent, rates, taxes, repairs and insurance of building 2. Repairs and insurance of machinery, plant & furniture 3. Depreciation 4. Expenditure on scientific research 5. Expenditure on acquisition of patents 6. Expenditure on knowhow 7. Amortization of telecom license fees 8. Payment to the association and institution carrying out rural development 9. Amortisation of preliminary expenses 10. Amortisation of expenditure under voluntary retirement scheme 11. Insurance premium on health of employees 12. Bonus / commission to employees 13. Interest on borrowed capital 14. Employers contribution to Recognised PF/ Superannuation fund / Gratuity fund 15. Bad debts 16. Advertisement ( except in a political partys newspaper/pamphlet etc.)
Deductibility of certain expenses
Expenditure on scientific research a) Amt paid to National lab/ IIT / University 200% b) Amt spent on in house research by specified business like bio technology 200% c) Amt spent on research by other companies 100% d) Amt paid to research association for scientific research 175% e) Amt paid to a company for scientific research / amt paid for social or statistical research 125% Note: Expenses incurred for acquisition of land is not allowed. 1.
2. Expenditure on obtaining license for operating telecom
services over the period of license
3. Preliminary expenses over a period of 5 yrs
4. Expenses on amalgamation / merger - over a period of 5 yrs 5. Expenses on VRS - over a period of 5 yrs 6.Expenses on prospecting minerals - over a period of 10 yrs 7. Capital expenditure on promoting family planning - over a period of 5 yrs
Expenses expressly disallowed
. Any
payment by way of interest, royalty, fees for technical
services payable outside India subject to TDS will be disallowed if TDS is not deposited before the due date of filing the return. . Any salary payable outside India will be disallowed if TDS has not been paid. . Any amount paid to residents on which no TDS has been deducted or paid before the due date of filing the return will be disallowed to the extent of 30% of such amount. . Income tax, wealth tax, interest on delayed payments of income tax . Excessive or unreasonable payments made to related persons. . Payments exceeding Rs.20000 paid otherwise than by a/c payee cheques / bank drafts subject to rule 6D.
The following expenses are allowed only they are
actually paid at least before the due date of filing the return. 1. 2. 3. 4. 5.
Sales tax, excise duty, service tax etc.
Contribution to RPF/ SA fund/ Gratuity fund etc Bonus / commission to employees Interest on loans taken from financial institutions / scheduled banks Leave salary to employees.
The following expenditure will not be allowed :
1. 2.
Expenditure incurred for any purpose which is offence /
prohibited by law. Expenditure on CSR
Computation of Income from business
Net profit as per Profit & Loss A/c
xxx
Add: Expenses disallowed
Less : Incomes considered under other heads of income Less : Exempt incomes Less : Expenses allowed not claimed as deduction