Question 4 (b)

Business income from a trading and profit and loss account, with disallowances

12 marks

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

Question

Question 4 (b) · 12 marks

Mr. X gives his Trading and Profit & Loss Account for the tax year 2026-27, ending on 31/03/2027:

ParticularsAmount (Rs.)ParticularsAmount (Rs)
Stock, opening220000Sales1980000
Purchases1040000Stock, closing252000
Wages and Salaries320000Dividend (ABC Co. Ltd.)20000
Rates and Rent212000Discount received10000
Fee for audit20000Refund of income tax6000
Expenses on advertisement30000Interest (GH Co. Debentures)12000
Expenses, miscellaneous152000
Expenses of car25000
Taxes61000
Net Profit200000
Total2280000Total2280000

Further details are given below:

  1. Advertisement expenses include Rs. 10000, the cost of diaries and calendar given to esteemed customers of the business at Diwali, and Rs. 5000 spent on X's son birthday party.

  2. The car is used for both business and personal purposes; of the car, 2/3rd is used for the purposes of business.

  3. Taxes include Rs. 20000 of income tax paid in advance and Rs. 8000 of municipal taxes on his self-owned house, and also Rs. 15000 of custom duty that was outstanding till 31/03/2027; of this, Rs. 10000 was paid on 31/07/2027 and the rest on 20/09/2027.

  4. Miscellaneous expenses include Rs. 52000 charged as depreciation on fixed assets; as per section 32 depreciation on them is Rs. 42000 only. They also include Rs. 50000 paid as life insurance premium of Mr. X.

  5. Rs. 150000 was paid to Mrs. X for looking after the books of accounts in the office, though she does not hold the qualification needed for it; it is included in salaries and wages.

Compute, under the old tax regime, his business income under the head PGBP for the tax year 2026-27, taking the last date of filing of income tax return as 16/09/2027. (12)

Paper note: Set under the Income-tax Act, 1961 for assessment year 2025-26 (previous year 2024-25); answered under the Income-tax Act, 2025 for tax year 2026-27, so the year term moves forward by 2 years and every date in the question moves forward by the same 2 years, so that intervals, holding periods and ages are as printed. Every figure and name is as printed. No market value is given for Mrs. X's services; as she lacks the qualification, the whole salary is read as found excessive or unreasonable by the Assessing Officer. The municipal taxes of the self-owned house are read as on his residence.

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 Advertisement, car and personal expenses 3 marks 5 min
  3. 2 Taxes: income-tax, municipal tax and customs duty by the due date 3 marks 5 min
  4. 3 Depreciation, insurance premium and payment to Mrs. X 3 marks 5 min
  5. 4 Incomes credited and the business income 3 marks 5 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 municipal taxes of ₹8,000 are on the house Mr. X lives in, so they are a personal expense.
  2. Mrs. X 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 her 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 him from them (section 36(2)(a), (b) and (c)), finds the whole ₹1,50,000 excessive or unreasonable because she does not hold the qualification needed to look after the books, 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).
  3. The depreciation on the car is within the ₹42,000 allowed under section 33; only the running expenses are split for private use.

Computation of profits and gains of business or profession for tax year 2026-27

ParticularsRs.Rs.
Net profit as per profit and loss account2,00,000
Add: Expenses debited but not allowable
Son's birthday party (personal)5,000
Car expenses: one-third private use (₹25,000 × 1/3)8,333
Income-tax paid in advance (section 35)20,000
Municipal taxes on his own house (personal)8,000
Customs duty paid on 20/09/2027, after the due date of the return (section 37)5,000
Excess depreciation (₹52,000 − ₹42,000)10,000
Life insurance premium of Mr. X (personal)50,000
Salary to Mrs. X, found excessive or unreasonable as a whole (section 36(2))1,50,0002,56,333
4,56,333
Less: Incomes credited but not business income
Dividend from ABC Co. Ltd. (income from other sources)20,000
Refund of income-tax (not income)6,000
Interest on GH Co. debentures (income from other sources)12,00038,000
Profits and gains of business or profession4,18,333

Notes on each adjustment

  1. Advertisement. Diaries and calendars given to customers (₹10,000) promote the business and are allowed. The son's birthday party (₹5,000) is personal and is added back.
  2. Car. Only the business share (two-thirds) of the running expenses is allowed (section 34).
  3. Taxes. Income-tax is not a deduction (section 35). Municipal tax on a personal residence is not a business expense. Customs duty is deductible only on actual payment, but a payment made by the due date of the return (16/09/2027) counts for the year (section 37(3)): ₹10,000 paid on 31/07/2027 is allowed; ₹5,000 paid on 20/09/2027 is allowed only in the year of payment and is added back now. The other taxes in the account (₹18,000) are allowed.
  4. Depreciation. Only depreciation under section 33 (formerly section 32), ₹42,000, is allowed; the ₹10,000 extra in the books is added back.
  5. Life insurance premium. It is Mr. X's personal expense; he may claim it under section 123 (Schedule XV) in computing total income under the old regime, not as a business expense.
  6. Payment to Mrs. X. The whole ₹1,50,000 is disallowed on the Assessing Officer's finding, under section 36(2), that the entire payment is excessive or unreasonable, since she lacks the qualification for the work (assumption 2).
  7. Credits. Dividend and debenture interest are taxed under Income from other sources; the income-tax refund is a return of a tax not allowed earlier, so it is not income. Discount received (₹10,000) is a business receipt and stays. Audit fee, rates and rent, wages and other expenses are allowed in full.

The other reading

If only the excess over a reasonable amount were disallowed, the business income would be ₹4,18,333 less the amount found reasonable: for example, ₹3,58,333 if ₹60,000 a year were accepted as reasonable (₹90,000 disallowed), and ₹2,68,333 if the whole ₹1,50,000 were found reasonable (nothing disallowed). The question gives no such value, so the whole payment is disallowed above.

Where the 12 marks sit

#ComponentMarks
1Advertisement, car and personal expenses3
2Taxes: income-tax, municipal tax and customs duty by the due date3
3Depreciation, insurance premium and payment to Mrs. X3
4Incomes credited and the business income3
Total12
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