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Microlesson · 5-min read

Smart View — Structure of PGBP (Sec 28 to 44)

# PGBP Chapter — Smart/Bird's-Eye View (Sec 28 to 44)

This is the scaffolding of the PGBP chapter. Once you remember which section covers what, every problem can be slotted into this map.

## The Skeleton

```

Sec 28 Charging Section — what income is part of PGBP

Sec 29 Computation: Income (-) Expenses

Sec 30-37 Expenses Allowed

├── Sec 30 Building expenses (rent, repairs, insurance)

├── Sec 31 Plant & Machinery, Furniture (repairs, insurance)

├── Sec 32 Depreciation (incl. Additional Depreciation)

├── Sec 35 Scientific Research expenditure

├── Sec 35AD Specified Business (cold chain, warehouse, hotel, etc.)

├── Sec 35D Preliminary Expenses

├── Sec 35DDA VRS Expenses

├── Sec 36 List of Specific Expenses (insurance, bonus,

│ employee contribution, bad debts, interest, etc.)

└── Sec 37 General Section — residual expenses

(Conditions: wholly & exclusively for business,

not capital/personal, not illegal)

Sec 40(a) Disallowances — TDS default, taxes, salary to partner etc.

Sec 40A Excessive payments, related-party, cash payments > ₹10,000

Sec 41 Deemed Income — Recovery of bad debts/exp. earlier allowed

Sec 43 Definitions (actual cost, WDV, transfer etc.)

Sec 43A Forex fluctuation

Sec 43B Allowed only on payment basis (statutory dues, MSME, etc.)

Sec 44AA Books of Account — Compulsory maintenance

Sec 44AB Tax Audit

Sec 44AD Presumptive — Business (8% / 6%)

Sec 44ADA Presumptive — Profession (50%)

Sec 44AE Presumptive — Goods Carriage (₹1,000 / ₹7,500 per ton p.m.)

```

## The PGBP Computation Format

```

Net Profit as per P&L xxx

Add: Expenses debited but not allowable

(Sec 40(a), 40A disallowances) xxx

Add: Sec 41 deemed income (if not credited) xxx

Less: Income credited but not taxable under PGBP (xxx)

(Dividend, FD interest, share of firm profit etc.)

Less: Allowable expenses not debited (Sec 30–37) (xxx)

Less: Depreciation (Sec 32) (xxx)

--------------------------------------------------------

Profits & Gains of Business or Profession xxx

```

## Decision: Books or Presumptive?

```

Is assessee covered u/s 44AD / 44ADA / 44AE & opts for it?

├── YES → Declare presumptive income → No need to maintain books u/s 44AA

│ → No audit u/s 44AB

└── NO → Maintain Books of Account (44AA)

→ Get them audited if turnover > limit (44AB)

```

Worked example

### Example 1

Example — Routing a problem: Question gives Net Profit ₹10 lakh, Depreciation already debited ₹50,000 (Companies Act), Dividend received ₹20,000 credited to P&L. Routing: (i) Add back Companies Act Dep, (ii) compute IT Dep u/s 32 and reduce, (iii) reduce dividend (taxable in IFOS), (iv) check Sec 40(a) / 40A disallowances. Final figure = PGBP.

### Example 2

Example — Choosing Section: A tax practitioner with gross receipts of ₹40 lakh wants to declare presumptive income. Applicable section = 44ADA (Profession), presumptive income = 50% of gross receipts = ₹20 lakh.

⚠️ Common exam mistakes

  • Mixing Sec 35 (scientific research) with Sec 35AD (specified business) — they are different deductions with very different conditions.
  • Using 44AD limits (₹2/3 cr) for professionals — for them, use 44ADA limits (₹50L/75L).
  • Computing depreciation under Companies Act instead of Sec 32 — for PGBP only Sec 32 depreciation is relevant.
  • Not adding back the Companies Act depreciation that is already debited to P&L before applying Sec 32 depreciation.
Bare-Act text Sections 28, 29, 30–37, 40, 40A, 41, 44AA, 44AB, 44AD, 44ADA, 44AE · Income-tax Act, 1961 · click to expand
Section 29: The income referred to in section 28 shall be computed in accordance with the provisions contained in sections 30 to 43D.
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