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Microlesson · 5-min read

Income Chargeable under PGBP [Section 28]

# Incomes Chargeable under PGBP [Section 28]

Section 28 is the charging section listing what falls under business/profession income.

## The Chargeable Items

1. Profits of any business/profession carried on by the assessee at any time during the previous year.

2. Compensations received on termination/modification of:

  • Management of a company's affairs,
  • An agency in India,
  • Management of government-owned/controlled property or business,
  • Terms of business contracts.

3. Income from specific services performed by a trade, professional or business association for its members.

4. Export incentives for assessees in export business:

  • Profit on sale of Import Entitlements
  • Cash Assistance against exports
  • Customs/Excise Duty Drawback
  • Profit on transfer of DEPB scheme / Duty-Free Replenishment Certificates.

5. Perquisites from business/profession — whether in cash or kind, convertible into money or not (e.g., rent-free accommodation).

6. Sums received by partners from their firm:

  • Interest, salary, bonus, commission (by any name) — taxable as business income to the extent the firm was allowed deduction. If disallowed to the firm, NOT taxed to the partner.
  • Share of profit from the firm is EXEMPT under Sec 10(2A).

7. Sums under an agreement (received/receivable, cash/kind):

  • Compensation for NOT carrying out an activity (non-compete).
  • Compensation for NOT sharing IP / commercial rights (know-how, patents, trademarks, techniques).
  • Exceptions: Sum for transferring the right to manufacture/produce/carry on business → taxed under Capital Gains; compensation from the Montreal Protocol multilateral fund → NOT assessable under PGBP.

8. Keyman Insurance Policy proceeds received by employer → taxable as business income.

9. Conversion of Inventory to Capital AssetFMV on date of conversion is taxable as business income.

10. Capital assets linked to Sec 35AD → proceeds taxable when the asset is discarded/destroyed/transferred (irrespective of the 8-year link under 35AD(7A)).

Worked example

### Example 1

Example (Partner's remuneration): A firm pays its partner ₹6,00,000 salary but, due to Sec 40(b) limits, only ₹4,50,000 is allowed as deduction to the firm.

  • The partner is taxed on ₹4,50,000 as business income (the allowed portion).
  • The disallowed ₹1,50,000 is NOT taxed in the partner's hands.
  • The partner's share of profit from the firm is exempt under Sec 10(2A).

### Example 2

Example (Non-compete fee): Mr. S receives ₹10,00,000 for agreeing not to carry on a competing business for 3 years.

  • This is taxable under Sec 28 as business income (compensation for not carrying out an activity).
  • Contrast: if instead he transferred the right to manufacture his product, it would be taxed under Capital Gains, not PGBP.

⚠️ Common exam mistakes

  • Taxing the partner on the full remuneration received — only the portion allowed as deduction to the firm is taxable; the disallowed part is not.
  • Taxing a partner's share of profit — it is exempt under Sec 10(2A).
  • Treating a non-compete fee as a capital receipt — it is specifically taxed under PGBP (Sec 28).
  • Treating consideration for transferring the right to manufacture as PGBP — it is a Capital Gains item.
  • Forgetting that FMV of inventory converted into a capital asset is business income at the date of conversion.
Reference: Section 28 — Income-tax Act, 1961
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