[Section 40]- Amounts Not Deductible for computing Profits & Gains of Business or Profession

 

Table of Contents

 

·         (1) [Section 40(a)]- Amounts Not Deductible – In the case of any assessee

o    (i)    Any interest, royalty, fees for technical services, or other sum chargeable under Income-tax  Act

o    (ii)   30% of any sum payable to a resident on which tax is deductible at source under sections 192  to 194LA

o    (iii) any sum paid on account of any rate or ‘tax’ levied on the profits or gains of any business or  profession or assessed at a proportion of, or otherwise on the basis of, any such profits or  gains.

o    (iv) any sum paid on account of wealth tax under the Wealth Tax Act and any tax of a similar  character chargeable under any law in force in any country outside India;

o    (v) (a)      any amount paid by way of royalty, licence fee, service fee, privilege fee, service charge  or any other fee or charge, by whatever name called, which is levied exclusively on, or

o    (b) any amount appropriated, directly or indirectly, from,  a State Government undertaking, by the State Government;

o    (vi) any payment which is chargeable under the head “Salaries”, if it is payable:

o    (vii) any payment to provident fund or other fund established for the benefit of employees of the  assessee,

o    (viii)         any tax actually paid by any employer on the perquisites not provided by way of monetary  payment shall not be eligible for deduction while computing the business income of the  employer.

·         (2) [Section 40(b)]- Amounts Not Deductible – In the case of a Partnership Firm: for Computing Profits and Gains of Business or Professions

·         (3) [Section 40(ba)]- Amounts Not Deductible – In the case of AOP/BOI: – for Computing Profits and Gains of Business or Professions

·         (4)  [Section 40A]- Expenses or Payments Not Deductible in certain circumstances:  – for Computing Profits and Gains of Business or Professions

·         (5)  [Section 40A(2)]- Expenses or Payments Not Deductible where such payments are made to Relatives  : – for Computing Profits and Gains of Business or Professions

·         (6)  [Section 40A(3)(a)]- Amount Not Deductible in respect of Expenditure exceeding Rs.10,000: – for Computing Profits and Gains of Business or Professions

·         (7)  [Section 40A(7)]- Disallowance in respect of Provision For Gratuity: – for Computing Profits and Gains of Business or Professions

·         (8)  [Section 40A(9)]- Disallowance in respect of Contributions to Non-Statutory Funds   – for Computing Profits and Gains of Business or Professions

 

 


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