Question 3 (b)

Business income of a consultant from his profit and loss account

12 marks

Time to write
About 24 minutes
Topic
Profits and gains of business or profession
Notes
Crux notes

Question

Question 3 (b) · 12 marks
  1. Mr Ashish (45 years) is a resident individual; he provides management consultancy services to clients, both corporate and non-corporate. For the tax year 2026-27 he furnishes this information:

Profit and Loss Account (as on 31/03/2027)

ItemAmountItemAmount
Purchases200000Sales1500000
Salary, Bonus, Commission200000Income Tax refund25000
Expenditure (household)2500Gift from father20000
Expenses on advertisement100000
Administrative & office expenses15000
Conveyance & travelling expenses40000
Income Tax (paid)9000
Bad and doubtful debts: provision2000
Premium for insurance66500
Loan interest15000
Depreciation (assets)45000
Expenses on staff welfare10000
Neon Sign Board (purchase)40000
Net Profit800000
Total1545000Total1545000

Further information:

  1. Included in Salary, Bonus and Commission:
  1. Salary to Mr. Ashish's brother, Rs. 50000; the brother lacks the requisite qualification for that job.

  2. Employees' bonus, paid on 16th November 2027: Rs. 30000

  3. Salary to a non-resident, Rs. 25000, paid without TDS being deducted

  1. Included in advertisement expenditure is a cash payment of Rs. 40000.

  2. Of the staff welfare expenses, Rs. 2000 was spent on a Diwali celebration in the office, only for the staff's welfare.

  3. Depreciation on all assets, sign board included, computed under section 32: Rs. 40000.

  4. Included in Insurance Premium: Life Insurance Premium on Mr. Ashish's life, Rs. 56000.

Compute Mr Ashish's Business Income for tax year 2026-27, on the assumption that he does not wish to opt for the Default Regime and that 31/07/2027 is the due date for filing the return. (12)

Paper note: Set under the Income-tax Act, 1961 for assessment year 2024-25 (previous year 2023-24); answered under the Income-tax Act, 2025 for tax year 2026-27, so the year term moves forward by 3 years and every date in the question moves forward by the same 3 years, so that intervals, holding periods and ages are as printed. Every figure and name is as printed. The cash payment of Rs. 40000 is read as a single payment to one person in one day. No market value is given for the brother's services; as he lacks the qualification, the whole salary is read as unreasonable.

Reworded from the university paper: names and figures differ, the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

24 minfor 12 marks

Read from the question

  • ComputeHead by head: each income under its head, exempt items marked exempt, then the deductions and the tax.

Write it in this order

  1. Read the data; note exactly what is asked 2 min
  2. 1 Personal expenses, taxes, provision and refund 3 marks 5 min
  3. 2 Sign board and depreciation 2 marks 3 min
  4. 3 Brother's salary, bonus, salary to the non-resident and the cash payment 5 marks 9 min
  5. 4 Gift from father and the business income 2 marks 3 min
  6. Check: arithmetic, units (₹, %), final answer underlined 2 min

Try it first. About 24 minutes for 12 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Assumptions

  1. The brother is a relative (section 2(94)) and so a specified person (section 36(3)(a)(i), Table, Sl. No. 1). No market value is given for his services. Assumed: the Assessing Officer, having regard to the fair market value of the services, the legitimate needs of the business and the benefit derived by or accruing to Mr. Ashish from them (section 36(2)(a), (b) and (c)), finds the whole ₹50,000 excessive or unreasonable because the brother lacks the qualification the job needs, so all of it is disallowed (section 36(2), formerly section 40A(2)(a)). The Act disallows "so much of the expenditure as considered excessive or unreasonable by him" (section 36(2)); the whole goes only on that finding (see The other reading).
  2. The advertisement payment of ₹40,000 in cash was a single payment to one person in one day.
  3. The loan was taken for the business, and the insurance premium other than the life policy (₹10,500) insures business assets.
  4. The depreciation of ₹40,000 under section 33 (formerly section 32) includes depreciation on the sign board, so the board's cost is capital expenditure.

Computation of business income for tax year 2026-27

ParticularsRs.Rs.
Net profit as per profit and loss account8,00,000
Add: Expenses debited but not allowable
Household expenditure (personal)2,500
Income-tax paid (section 35(a))9,000
Provision for bad and doubtful debts (only debts actually written off are allowed)2,000
Life insurance premium on Mr. Ashish's life (personal)56,000
Neon sign board (capital expenditure)40,000
Depreciation as per books45,000
Salary to his brother (section 36(2))50,000
Bonus paid on 16th November 2027, after the due date of the return (section 37)30,000
Salary to a non-resident without deduction of tax at source (section 35(c))25,000
Advertisement paid in cash, above ₹10,000 (section 36(4))40,0002,99,500
10,99,500
Less: Items not allowed or not business income
Depreciation allowable under section 3340,000
Refund of income-tax (not income)25,000
Gift from his father (a capital receipt from a relative, not income)20,00085,000
Profits and gains of business or profession10,14,500

Notes on each adjustment

  1. Personal items: household expenditure and the premium on his own life are not business expenses; the premium may be claimed under section 123 in computing total income under the old regime, within the aggregate limit of ₹1,50,000 for all the sums listed in Schedule XV and subject to that Schedule's conditions.
  2. Taxes: income-tax is not deductible (section 35(a)), and its refund is not income.
  3. Provision for doubtful debts: a provision is not allowed for an ordinary business (section 31).
  4. Sign board and depreciation: the board is a capital asset; depreciation under section 33 (₹40,000, including the board) replaces the book depreciation.
  5. Brother's salary: the whole ₹50,000 is disallowed on the Assessing Officer's finding, under section 36(2), that the entire payment is excessive or unreasonable, since the brother lacks the qualification for the job (assumption 1).
  6. Bonus: allowed only on actual payment, but a payment by the due date of the return (31/07/2027) counts for the year (section 37(3), the due date of the return under section 263(1), here the date the question sets; as substituted by the Finance Act, 2026, section 263(1) gives a business assessee whose accounts need no audit until 31 August 2027, which does not change the result); paid on 16th November 2027, it is allowed only in tax year 2027-28.
  7. Salary to a non-resident: a salary paid to a non-resident (or payable outside India) is wholly disallowed where tax was deductible on it at source under Chapter XIX-B and was not deducted, or was deducted but not paid (section 35(c)). Here it was not deducted.
  8. Cash payment: where a payment, or the aggregate of payments made to a person in a day, exceeds ₹10,000 and is not made through a specified banking or online mode, the expenditure is disallowed in full (section 36(4)). The limit is ₹35,000 only for payments for plying, hiring or leasing goods carriages (section 36(6)), which an advertisement payment is not. Section 36(7) lifts this rule only in the cases and circumstances prescribed by the Rules, having regard to the banking facilities available, business expediency and other relevant factors; nothing in the question places this advertisement payment in such a case, so the whole ₹40,000 is disallowed.
  9. Staff welfare: the ₹2,000 Diwali celebration for staff is a business expense and is allowed. Interest on the business loan and the travelling, office and advertisement expenses (other than the cash payment) are allowed.

The other reading

If only the excess over a reasonable amount were disallowed, the business income would be ₹10,14,500 less the amount found reasonable: for example, ₹9,84,500 if ₹30,000 were accepted as reasonable (₹20,000 disallowed), and ₹9,64,500 if the whole ₹50,000 were found reasonable (nothing disallowed). The question gives no such value, so the whole payment is disallowed above.

Where the 12 marks sit

#ComponentMarks
1Personal expenses, taxes, provision and refund3
2Sign board and depreciation2
3Brother's salary, bonus, salary to the non-resident and the cash payment5
4Gift from father and the business income2
Total12
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