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Microlesson · 5-min read

PGBP - Items to be ADDED to Income (if not credited to P&L)

# PGBP — Items to be Added to Income (if not credited to P&L)

In addition to disallowances, certain incomes/recoveries chargeable as PGBP may not have been credited to the P&L. They must be added when computing PGBP.

## Rule

Add to PGBP income only if NOT already credited to the Profit & Loss Account.

## List of items to be added

### 1. Bad Debt Recovery in excess of unallowed portion (Sec 41(4))

The portion of bad debt recovery that corresponds to the previously allowed deduction is taxable.

Logic: When a bad debt was written off, a deduction was allowed up to a certain amount. When recovery happens later, the recovery is taxable to the extent of the earlier allowed deduction.

### 2. Sale proceeds of Scientific Research Asset (Sec 41(3))

When a scientific research asset (for which 100% deduction was claimed u/s 35) is sold without being used for business, the lower of (a) sale proceeds, or (b) deduction earlier allowed u/s 35, is taxable as PGBP income.

### 3. Remission or Cessation of Trading Liability (Sec 41(1))

If an assessee had taken deduction for a trading liability earlier, and that liability is subsequently remitted or ceases (e.g., creditor waives the dues), the remitted amount is taxable as PGBP in the year of remission.

### 4. Salary/Remuneration/Interest received from Firm (Sec 28(v))

A partner receiving salary, bonus, commission, remuneration or interest from a firm — to the extent allowed as deduction in the firm's hands — is taxable as PGBP in the partner's hands. The excess (disallowed in firm) is not taxable in the partner's hands.

## Quick reference

ItemSectionTax treatment
Bad debt recovery (allowed portion)41(4)Add to PGBP
Sale of scientific research asset41(3)Add lower of (sale proceeds/Sec 35 deduction)
Remission of trading liability41(1)Add to PGBP
Partner's salary/interest from firm28(v)Add to extent allowed in firm

Worked example

### Example 1

Example 1 — Bad Debt Recovery (Sec 41(4))

Mr. A had debtors of ₹30,000. He wrote off ₹30,000 as bad debt; AO allowed ₹18,000 (disallowed ₹12,000). In a later year, he recovers ₹23,000 (entire amount credited to P&L).

  • Recovery taxable u/s 41(4) = ₹18,000 (extent of earlier allowed deduction)
  • Since the full ₹23,000 was credited to P&L, deduct ₹5,000 to bring taxable recovery down to ₹18,000.

### Example 2

Example 2 — Scientific Research Asset (Sec 41(3))

Asset purchased for scientific research ₹10,00,000 (100% deduction claimed u/s 35). Sold next year for ₹7,00,000 without using for business.

→ Taxable u/s 41(3) = Lower of ₹7,00,000 and ₹10,00,000 = ₹7,00,000 added to PGBP.

### Example 3

Example 3 — Remission of Trading Liability (Sec 41(1))

ABC Ltd. had purchased goods worth ₹5,00,000 in FY 2022-23 (deduction taken). In FY 2025-26 the supplier waives ₹2,00,000.

→ ₹2,00,000 taxable as PGBP in FY 2025-26 u/s 41(1).

⚠️ Common exam mistakes

  • Adding the entire bad debt recovery — only the portion earlier allowed as deduction is taxable u/s 41(4).
  • For scientific research asset, comparing wrong figures — it is lower of sale proceeds vs deduction allowed u/s 35 (not cost).
  • Including the disallowed portion of partner's remuneration in partner's PGBP — only the portion allowed in firm's hands is taxable in partner's hands.
  • Forgetting that Sec 41(1) applies even if the original liability was incurred years ago — there is no time limit for remission.
Bare-Act text Section 41 & Section 28(v) · Income-tax Act, 1961 · click to expand
Section 41(1): Where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or trading liability incurred by the assessee... and subsequently during any previous year the first-mentioned person has obtained... any amount in respect of such loss or expenditure or some benefit in respect of such trading liability by way of remission or cessation thereof, the amount obtained shall be deemed to be profits and gains of business or profession. Section 41(3): Where an asset representing expenditure of a capital nature on scientific research... is sold without having been used for other purposes, the proceeds of sale together with the amount of deduction allowed under section 35 shall be deemed to be the profits and gains chargeable to tax. Section 41(4): Where a deduction has been allowed in respect of a bad debt under section 36... and subsequently any amount is recovered, the amount so recovered shall be deemed to be profits and gains of business or profession.
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