Professional Documents
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PGBP Part 2
PGBP Part 2
➢ Every person having specified profession have to maintain any books of accounts as
may enable the Assessing Officer to compute his total income.
➢ If gross receipt exceeds ₹1,50,000 in all the three years immediately preceding
the previous year, then, they have to maintain prescribed books of accounts (as per
Rule 6F).
For Example:
Mr. X is engaged in medical profession and his gross receipt during the various
years is asunder:
1. 2021-22 1,40,000
2. 2020-21 1,70,000
3. 2019-20 1,25,000
In this case, during the previous year 2022-23, Mr. X is not required to maintain
prescribed books of accounts because gross receipt has not exceeded ₹1,50,000
during all the three years immediately preceding the relevant previous year. But if
receipt during 2021-22 is ₹1,75,000 and during 2019-20 it is ₹1,55,000, he has to
maintain prescribed books of accounts during 2022-23.
➢ If profession has been newly setup in the previous year and gross receipt are likely
to exceed ₹1,50,000, he should maintain prescribed books of accounts.
➢ If their income from business or profession exceeds ₹ 1,20,000 or their total sales
turnover or gross receipts as the case may be, in business or profession exceeds ₹
10,00,000 in any one of the 3 years immediately preceding the previous year, they
will be required to maintain any books of accounts.
The books of accounts are to be kept and maintained for the period of atleast 6
years from the end of the relevant assessment year.
Above section deals with maintenance of books of accounts that enable the Assessing
Officer to verify return of income. The above provision can be asked in MCQ.
As per section 44AB, following persons have to get their accounts audited:
1. Business + T/O > 100 Lakhs: Every person carrying on business, if his total sales
turnover or gross receipts, in business exceeds ₹100 lakhs during the previous year.
Important Note: This section shall not apply to the person, who declares profits and
gains for the previous year in accordance with the provisions of section 44AD and his
total sales, turnover or gross receipts, as the case may be, in business does not
exceed ₹200 Lakhs in such previous year.
2. Profession + G/R > 50 Lakhs: Every person carrying on profession if his gross
receipts in profession exceed ₹50 lakh during the previous year.
Important Note: This section shall not apply to the person, who declares profits and
gains for the previous year in accordance with the provisions of section 44ADA and
his total gross receipts in profession does not exceed ₹50 Lakhs in such previous
year.
5. Business u/s 44AD + opts out of section 44AD: If income of any person has
computed under section 44AD on presumptive basis during any prior previous year and
he opts out of section 44AD during any of the FIVE assessment year succeeding the
AY in which he opted 44AD, and his income exceeds the basic exemption limit, in such
cases such person shall be required to get the accounts audited.
Provided further that for the purposes of this clause, the payment or receipt, as the
case may be, by a cheque drawn on a bank or by a bank draft, which is not account
payee, shall be deemed to be the payment or receipt, as the case may be, in cash.
Due date of audit report: The accounts should be audited by a Chartered Accountant
and audit report should be submitted latest by one month prior to the last date of
filing of return of income. That is one month prior to 31st Oct of AY i.e. 30th Sept 2023
for our PY.
Penalty for violating provisions of Section 44AB [Section 271B]: If any person fails
to get his accounts audited or fails to submit audit report in time, penalties may be
imposed under section 271B equal to ½% of total turnover or gross receipt subject to a
maximum of ₹1,50,000.
For example: Mr. X has turnover of his business ₹105 lakhs but he has failed to get
his accounts audited, in this case penalties may be imposed amounting to ₹52,500 but if
his turnover was ₹400 lakhs, penalties imposable shall be ₹2,00,000 but maximum
₹1,50,000.
Section 44AB is the most important section of PGBP since it makes sure that business/
profession with higher turnover do not escape income tax by filing wrong ITR. It
imposes an obligation on the assessee to get their accounts audited by a CA in practice.
This is important section for exam.
➢ Business T/O upto ₹200 Lakhs + Income shall be 8%/ 6% of T/O: If any
assessee has turnover of his business upto ₹200 lakhs, such assessee is allowed to
compute income on presumptive basis and income under PGBP shall be presumed to
be minimum 8% of the turnover and no further deduction is allowed under section
30 to 38.
➢ Resident Individual/ HUF/ Firm: Such option is allowed only to an Individual/ HUF
/ Firm who are resident but not to LLP or Company.
➢ Business u/s 44AD + opts out of section 44AD: If an assessee has opted for
presumptive income under section 44AD and in the subsequent 5 assessment years
he has opts out of presumptive income, in that case he will not be allowed to opt
for presumptive income for 5 assessment years subsequent to assessment year in
which he opted out of section 44AD.
If assessee has rejected the presumptive income, he will be required to maintain
any books of accounts and also audit is required.
For example: Mr. X has opted for presumptive income under section 44AD in the
previous year 2021-22 and if he opts out of 44AD during PY 2022-23, he will not
be allowed to opt for 44AD in subsequent 5 years i.e PY23-24, PY24-25, PY25-26,
PY26-27 and PY27-28.
➢ Other points:
1. Section 44AD is applicable only to business and not to specified profession and also
it is not applicable for the persons having earning as commission or brokerage.
2. Such assessee shall be required to pay advance tax to the extent of 100% of tax
liability on or before 15th march of the relevant previous year otherwise interest
shall be charged @ 1% for one month on the amount of default.
3. Brought forward business loss is allowed to be adjusted from such income but
brought forward depreciation is not allowed to be adjusted from such income.
4. The assessee shall be exempt from maintaining books of accounts or audit.
Let’s imagine a situation where a small business has to apply the provision contained
under section 30 to 43D, it will be very difficult for him to calculate PGBP income since
he is not financially well versed to maintain books of accounts and apply such provisions.
Therefore, the Government has launched the scheme of presumptive income wherein no
Illustration: 29
Mr. Ashu is engaged in a business with turnover ₹170,00,000 (all payments received by
account payee cheque, bank draft or through electronic clearing) and expenses incurred
in connection with earning of income are ₹160,00,000. He has LTCG ₹5,00,000. He has
brought forward business loss of ₹1,00,000 of PY 2018-19. Compute his Income and
Tax Liability for previous year 2022-23, in two situations -
(i) He has opted for section 44AD.
(ii) He has not opted for section 44AD.
Solution:
Note: The Assessee shall be exempt from maintaining books of accounts and also from
Audit.
Note: The Assessee shall be liable to maintain books of accounts and also liable to
Audit.
HW Question: 20
Mr. Mohan engaged in Retails Trade, reports a turnover of ₹58,50,000 (all payments
received in account payee cheque) for the financial year 2022-23. His income from the
said business as per books of account is computed at ₹2,90,000. Retail trade is the only
source of income for Mr. Mohan.
(i) Is Mr. Mohan eligible to opt for presumptive determination of his income chargeable
to tax for the Assessment Year 2023-24?
(ii) Is so, determine his income from retail trade as per the applicable presumptive
provision.
(iii) In case, Mr. Mohan has not opted for presumptive taxation of income from retail
trade, what are his obligations under the Income-tax Act, 1961?
(iv) What is the ‘due date’ for filing his return of income, under both the options?
HW Question: 21
Mr. Naman is engaged in the business of producing and selling TV. During the previous
year 2022-23, his turnover was ₹ 1.75 crores. He opted for paying tax as per
presumptive taxation scheme laid down in section 44AD. He has no other income during
the previous year. Is he liable to pay advance tax and if so, what is the minimum amount
➢ Profession G/R upto ₹50 Lakhs + Income shall be 50% of G/R: If any assessee
has gross receipt of his profession upto ₹50 lakhs, such assessee is allowed to
compute income on presumptive basis and income under PGBP shall be presumed to
be minimum 50% of the gross receipt and no further deduction is allowed under
section 30 to 38.
➢ Resident Individual/ Firm: Such option is allowed only to an Individual/ Firm who
are resident but not to LLP or Company.
➢ Other points:
1. Such assessee shall be required to pay advance tax to the extent of 100% of tax
liability on or before 15th march of the relevant previous year otherwise interest
shall be charged @ 1% for one month on the amount of default.
2. Brought forward business loss is allowed to be adjusted from such income but
brought forward depreciation is not allowed to be adjusted from such income.
3. The assessee shall be exempt from maintaining books of accounts or audit.
4. Such Assessee has the option to reject presumptive income but in that case the
assessee shall be required to maintain any books of accounts and also audit is
required.
5. Assessee can change the option on year-to-year basis.
Illustration: 30
Mr. Aman is engaged in specified profession and has gross receipt ₹42,00,000. He has
Long term Capital Gain ₹7,00,000 and brought forward business loss ₹30,000 of A.Y.
2019-20. He invested ₹20,000 in LIC in his own name. Compute his Tax Liability for the
Assessment Year 2023-24. He has opted for Section 44ADA.
Solution:
If any person is engaged in the business of plying, hiring or leasing goods carriages, he
will have the option to compute income under the head business/profession on
presumptive basis.
➢ Heavy goods vehicle (> 12MT) + Income shall be ₹1,000 per MT per month: If
it is a heavy goods vehicle income shall be presumed to be ₹1,000 per ton of gross
weight per month or part of the month. Heavy goods vehicle means goods vehicle
having gross weight more than 12 ton (12000 kg.). For example, if weight of vehicle
is 14 ton (14000 kg), income shall be ₹ 14,000 per month.
➢ Other than heavy goods vehicle (<= 12MT) + Income shall be ₹7,500 per
month: If it is not a heavy goods vehicle income shall be presumed to be ₹7,500
per month or part of the month. For example, if weight of vehicle is 11 ton (11000
kg), income shall be ₹ 7,500 per month.
➢ Not owner of more than 10 vehicles: Assessee should not have more than 10
goods carriages at any time during the year otherwise such option is not allowed.
➢ Income shall be calculated based on the months the assessee owned the vehicles
and not put to use. For example: Mr. X purchased vehicle in April 2022 but put to
➢ Other points:
1. If actual income is more than the presumptive income, actual income shall be taken
into consideration.
2. The assessee shall be exempt from maintaining books of accounts or audit.
3. The assessee has the option to reject presumptive income but in that case
assessee should maintain any books of accounts and also audit is required.
4. An assessee, who is in possession of a goods carriage, whether taken on hire
purchase or on instalments, shall be deemed to be the owner of such goods
carriage.
5. Assessee can change the option on year-to-year basis.
6. Brought forward depreciation shall not be allowed to be adjusted but brought
forward business loss shall be allowed to be adjusted.
Illustration: 31
Mr. Mohan retired from Govt. service in March 2022. He got ₹20,00,000 on account of
retirement benefits. Out of the aforesaid sum, he purchased on 23rd April 2022 a few
motor vehicles and got their delivery on that date.
The particulars of the vehicles are given below–
Vehicle Number Cost of the vehicle
Heavy goods vehicle (15 ton) 2 ₹9,00,000
Medium goods vehicle (8 ton) 4 ₹4,50,000
Light commercial Vehicle (4 ton) 3 ₹3,20,000
He started plying the vehicles from 04.06.2022. On an average every vehicle remains
off the road for about a week for repairs and maintenance. He maintains a rough
record of the receipts and outgoings which is given below –
Receipts ₹3,70,000
Less: Expenses (Excluding depreciation and salaries to Mr. Soham) (₹ 60,000)
₹3,10,000
You are required to compute the Total Income of Mr. Mohan from the business of
goods carriage for the previous year 2022-23.
Solution:
HW Question: 22
An assessee owns a heavy commercial vehicle having gross vehicle weight of 15 ton each
for 9 months 15 days, a medium goods vehicle having gross vehicle weight of 8 ton for 9
months and a light goods vehicle having gross vehicle weight of 5 ton for 12 months
during the previous year. Compute his income applying the provisions of section 44AE.
Mr. Jatin (aged 38) owned 6 heavy goods vehicles having gross vehicle weight of 16 ton
(16000 Kg) each as on 01.04.2022. He acquired 2 more light goods vehicles having gross
vehicle weight of 8 ton (8000 Kg) each on 01.07.2022. He is solely engaged in the
business of plying goods vehicles on hire since financial year 2018-19.
He did not opt for presumptive provision contained in section 44AE for the financial
year 2021-22. His books were audited under section 44AB and the return of income
was filed on 05.08.2022. He has unabsorbed depreciation of ₹70,000 and Business loss
of ₹1,00,000 for the financial year 2021-22. Following further information is provided
to you:
(i) Paid medical insurance premium of ₹23,000 for his parents (both aged above 70) by
means of bank demand draft.
(ii) Paid premium on life insurance policy of his married daughter ₹25,000.
(iii) Repaid principal of ₹40,000 and interest of ₹15,000 to Canara Bank towards
education loan of his daughter, who completed B.E. two years ago. She is employed
after completion of her studies. Assuming that Mr. Jatin has opted for presumptive
provision contained in section 44AE of the Income-tax Act, 1961, compute the Total
Income of Mr. Jatin for the Assessment Year 2023-24.
HW Question: 24
Mr. Akshay is engaged in the business of plying goods carriages. On 1st April, 2022, he
owns 10 trucks (out of which 6 are heavy goods vehicles having capacity of 18 ton and
balance 4 trucks having capacity of 8 ton). On 2nd May, 2022, he sold two of the heavy
goods vehicles and purchased two light goods vehicles having capacity of 8 ton on 6th
May, 2022. Those new vehicles could however be put to use only on 15th June, 2022.
Compute the Total Income and Tax Liability of Mr. Akshay for the Assessment Year
Illustration: 32
The Profit & Loss account of Mr. X for the previous year ending 31.03.2023 is as given
below:
Solution:
Question: 10 [PGBP]
Net profit as per the profit and loss account of Mr. Rakesh is ₹ 7,70,000 for the year
ending 31st March, 2023.
The following information is noted from the accounts:
(a) Advertisement expenditure debited to profit and loss account includes the
following:
(i) Expenditure incurred outside India: ₹ 56,000 (Tax has been deducted at source and
paid during the year)
(ii) Articles presented by way of advertisement (60 articles cost of each being ₹700,
and 36 articles cost of each being ₹1,500);
(iii) ₹20,000 being the cost of advertisement which appeared in a newspaper owned by
a political party;
(iv) ₹14,400 being capital expenditure on advertisement; (eligible for dep. @ 25%)
(v) ₹9,000 paid in cash
(vi) ₹9,000 paid to a concern in which Rakesh has substantial interest (amount is
excessive to the extent of ₹1,800)
(b) Out of salary to the employees debited to the profit and loss account:
(i) ₹60,000 is employee’s contribution to the recognized provident fund, ₹47,500 of
which is credited in the employee’s account in the relevant fund before the due date
for provident fund;
(ii) ₹58,000 is bonus which is paid on 13th November, 2023;
(iii)₹44,000 is commission which is paid on 1st December, 2023;
(iv) ₹25,000 is incentive to workers, which is paid on 10th December, 2023.
(v) ₹46,000 is paid outside India in respect of which tax is not deducted at source;
(vi) ₹6,000 being capital expenditure for promoting family planning amongst employees;
and
(vii) ₹55,000 being entertainment allowance given to employees.
(c) Entertainment expenses debited to profit and loss account is ₹ 12,000.
Determine the Total Income and Tax Liability of Mr. Rakesh for the Assessment Year
2023-24.
Question: 11 [PGBP]
The profit and loss account of Mr. Mahesh for the year ending 31st March, 2023
discloses net profit of ₹3,90,000. Travelling expenses debited to the profit and loss
account include the following:
(i) ₹1,80,000 being expenditure incurred on a foreign tour, out of which ₹15,000 is
incurred in Indian currency and ₹1,65,000 in foreign currency for a visit of 8 days to
Germany; out of 8 days, 2 days are utilized by Mr. Mahesh for attending personal work.
(ii) ₹45,000 being expenditure on air–fare in India by a sales manager.
From the following profit and loss account of Mr. X for the year ended 31st March,
2023, compute his Total Income and Tax Liability for the Assessment Year 2023-24:
Additional information:
(i) Purchases include:
(a) Purchase of ₹ 1,00,000 from a relative (market price ₹80,000) and payment was
made in cash.
(b) Purchase of ₹25,000 being the products manufactured without aid of power in a
cottage industry and the payment was made to its producer and payment was made in
cash.
(c) Purchases of ₹35,000 from a person who is residing in a village having no bank and
payment was made in cash.
The profit and loss account of ABC Ltd. for the year ended 31st March, 2023 showed a
net profit of ₹8,00,000 and some of the debits and credits are as given below:
(A) Debit side of profit and loss account included the following:
(i) The depreciation provided in the books ₹60,000, however the amount computed
under the Income Tax Act ₹1,20,000.
(ii) ₹30,000 was paid to the company’s lawyer for arguing appeals of the company
before the Income Tax Appellate Tribunal against levy of penalty for some earlier
cases where appeals have been dismissed by the tribunal.
(iii) ₹2,000 being fine imposed by the municipality for violating their regulations.
(iv) Provision for Income Tax ₹35,000.
(B) The credit side of the profit and loss account included the following:
(i) Income from units of UTI ₹35,000
(ii) Dividend from Indian company ₹20,000
(C) It is also observed that both the opening stock of ₹90,000 and closing stock of
₹1,08,000 are undervalued by 10% on cost.
Compute the Total Income and Tax Liability of the company for the Assessment Year
2023-24.
Question: 14 [PGBP]
ABC Ltd., a manufacturing company, which maintains accounts under mercantile system
has disclosed a net profit of ₹12.50 lakhs for the year ending 31st March, 2023. You
are required to compute the total Income and Tax Liability of the company for the
Assessment Year 2023-24, after considering the following information, duly explaining
the reasons for each item of adjustment:
(i) Advertisement expenditure includes the sum of ₹60,000 paid in cash to the sister
concern of a director, the market value of which is ₹52,000.
(ii) Repairs of plant and machinery includes ₹1.80 lakhs towards replacement of worn-
out parts of machineries.
(iii) A sum of ₹6,000 on account of liability foregone by a creditor has been taken to
general reserve. The same was charged to the revenue account in the Assessment Year
2020-21.
(iv) Sale proceeds of import entitlements amounting to ₹ 1 lakh has been credited to
profit and loss account, which the company claims as capital receipt not chargeable to
income tax.
(v) The company has donated ₹2,00,000 to National Urban Poverty Eradication Fund.
Mr. Sunil is a leading lawyer of Mumbai. He deposits in the bank all the receipts and
always pays all the expenses by cheque. The analysis of his bank account for the year
ended 31st March, 2023 is asunder:
Mr. Sunil has not opted for presumptive taxation of Income u/s 44ADA. Compute his
Total Income, Tax Liability and Tax Payable after taking into account the following
information:
(i) 10% of the motor car expenses relate to personal use.
(ii) Salaries include employer’s contribution to Recognised Provident Fund of ₹18,000
which was credited on 01.07.2023.
(iii) Mr. Sunil stays in his house, the gross annual value of which is ₹ 16,800.
Following are the expenses which have been included in the above account in respect of
this house:
(a) Municipal taxes: ₹ 2,000.
(b) Repairs: ₹500
Question: 16 [PGBP]
(i) Gross total income of Mrs. BANSAL, aged 60, a resident of Delhi for the financial
year 2022-23 is ₹4,00,000. It includes an income of ₹20,000 from the business of
dealing in shares on which she has paid securities transaction tax of ₹1,800 and it has
not been debited to the profit and loss account. She has also deposited ₹10,000 in her
public provident fund account with the State Bank of India.
Compute her Tax Liability for the Assessment Year 2023-24.
(ii) ABC Ltd., a domestic company, is engaged in the business of sale/purchase of shares
and the company has computed its income ₹11,00,000 after debiting securities
transaction tax of ₹1,85,000.
Compute Tax Payable by the company for the Assessment Year 2023-24.
(iii) Mr. Rohan is engaged in the business of sale/purchase of shares and he has
computed its income ₹18,00,000 after debiting securities transaction tax of ₹2,10,000.
Compute Tax Payable by Mr. Rohan.
Question: 17 [PGBP]
Determine the previous year in which the expenditure is allowable in the following cases
(TDS is supposed to be deducted with regard to all the payments and all the payments
are in India):
(i) ABC Ltd. has made payment of interest on 10th, June 2022 and has deducted tax at
source on the same date and has deposited the amount on 08.07.2022.
(ii) The company has paid commission on 10.03.2023 and has deducted tax on the same
date but it was paid on 05.04.2023.
(iii) The company has paid fees for professional services on 31.03.2023 and deducted
tax at source on the same date but the tax was paid on 07.04.2023.
(iv) The company has paid to a contractor on 31.03.2023 and tax was deducted on the
same date but it was paid on 01.06.2023.
(v) The company has paid technical fees on 01.01.2023 and no tax has been deducted at
source.
(vi) The company has paid brokerage on 01.04.2023 and has deducted the tax on the
same date and has paid it on 07.04.2023.
Following is the profit & Loss account of Mr. Aman, a dealer in shares and securities
for the year ended on 31st March, 2023:
Profit and loss account of Mr. Kishan for the previous year 2022-23 is asunder:
Additional informations:
(i) Salaries and wages include the sum of ₹1,60,000 paid to Mr. Kishan
(ii) Payment of interest includes:
(a) Interest to his major son ‘X’ amounting to ₹30,000 @ 15% on a deposit of
₹2,00,000
(b) Interest to Mr. Kishan amounting to ₹30,000 @ 12% p.a.
(c) Interest of ₹20,000 paid on loan taken for the payment of income tax liability.
(iii) The amount of depreciation allowable is ₹40,000.
(iv) Mr. Kishan has purchased National Saving Certificate VIII issue on 31.03.2023 for
₹40,000 and has deposited ₹60,000 in public provident fund account during the year
2022-23.
Compute Tax Liability of Mr. Kishan for the Assessment Year 2023-24.
Question: 20 [PGBP]
Mr. X has computed his income under the head business/profession ₹10,00,000 and he
has debited the following amount.
(1) Cost of goods sold ₹ 7,00,000, out of which ₹ 4,00,000 paid to a relative for
Mr. Raju, aged 75 years, has submitted his profit and loss account for the year ending
31.03.2023 as given below:
Additional information:
1. Opening and closing stocks are undervalued by 10%.
2. Franchises were purchased on 01.07.2022 and were put to use on 03.10.2022.
3. Advertisement expenditure relates to a neon sign board which was purchased and put
Mr. Bablu furnishes the following trading, profit and loss account for the previous year
ending on 31.03.2023.