CA Final Paper 4 • Module 1: Substantive Tax Provisions

Chapter 3: Profits and Gains of Business or Profession (PGBP)

⚡ Fast-Track High-Yield Revision Income-tax Act, 2025 & FA 2026 Ready
⚡ Fast-Track Quick Notes 📖 Full In-Depth Notes (Theory + TYKs)

1. Depreciation Framework (Section 32 & Rules)

Asset Category Standard Rate Put to Use < 180 Days Rule Additional Depreciation
Plant & Machinery (General) 15% 50% of rate (7.5%) in Year 1 20% (balance 10% in Year 2 if put to use < 180 days).
Computers, Laptops, Software 40% 20% in Year 1 Eligible if used in manufacturing/power generation.
Commercial Buildings 10% 5% in Year 1 Not eligible.
Residential Buildings (except hotels) 5% 2.5% in Year 1 Not eligible.
Intangible Assets (Patents, Copyrights) 25% 12.5% in Year 1 Not eligible.
Closing WDV Algorithm:
$ ext{Opening WDV} + ext{Actual Additions during year} - ext{Moneys Payable (Sales/Insurance)} = ext{WDV for Depreciation}$.
• If Moneys Payable $>$ (Opening WDV + Additions), WDV becomes NIL and excess is Short Term Capital Gain u/s 50.
• If all assets in block are sold but balance remains in block, WDV becomes NIL and balance is Short Term Capital Loss u/s 50.

2. Statutory Disallowance Matrix (Sec 40 & 40A)

Section Trigger Event Disallowance Quantum Cure / Subsequent Allowance
Sec 40(a)(i) Payment to Non-Resident without TDS or non-remittance by due date 100% disallowance Allowed in year in which TDS is deposited.
Sec 40(a)(ia) Payment to Resident without TDS or non-remittance by 139(1) due date 30% disallowance Allowed in year in which TDS is deposited.
Sec 40(a)(ii) Income-tax, Surcharge, Health & Education Cess paid 100% disallowance Never allowed.
Sec 40A(2) Excessive/unreasonable payment to Relative / Associated Entity Disallowance of excess over FMV Assessing Officer's objective determination.
Sec 40A(3) Payment exceeding ₹ 10,000 per person per day in cash (₹ 35,000 for transport operators) 100% disallowance Excepted under Rule 6DD (bank holiday, agricultural produce, NEFT/RTGS).

3. Section 43B & Clause (h) MSME Mandate

Deduction allowable only on actual payment on or before the due date of filing return u/s 139(1), EXCEPT for clause (h):

CRITICAL EXAM ALERT — Section 43B(h) for MSMEs:
Any sum payable to a Micro or Small enterprise beyond the time limit specified in Section 15 of MSMED Act (15 days if no agreement; max 45 days if written agreement) is allowed ONLY in the year of actual payment! The benefit of payment up to return filing due date u/s 139(1) is NOT AVAILABLE for clause (h)!

4. Presumptive Taxation Summary (44AD, 44ADA, 44AE)

Parameter Section 44AD (Business) Section 44ADA (Profession) Section 44AE (Goods Carriages)
Eligible Assessee Resident Individual, HUF, Firm (excl. LLP) Resident Individual, Firm (excl. LLP) Any assessee owning $\le 10$ goods carriages
Turnover Ceiling ₹ 2 Crores (₹ 3 Cr if cash receipts $\le$ 5%) ₹ 50 Lakhs (₹ 75 L if cash receipts $\le$ 5%) No turnover limit (max 10 vehicles)
Deemed Profit 8% of turnover (6% for digital receipts) 50% of gross receipts Heavy vehicle: ₹ 1,000/ton/month;
Other: ₹ 7,500/vehicle/month.
Advance Tax 100% in single instalment by 15th March 100% in single instalment by 15th March 100% in single instalment by 15th March

5. High-Frequency Exam Traps

Trap 1: Cash payment split into invoices!
Sec 40A(3) applies to aggregate payments made to a person in a single day. If two bills of ₹ 6,000 each are paid in cash to the same person on the same day (total ₹ 12,000), 100% is disallowed!
Trap 2: Additional Depreciation under Sec 115BAC!
Assessees opting for the Default Tax Regime u/s 115BAC / Sec 202 CANNOT CLAIM additional depreciation u/s 32(1)(iia) or deductions u/s 35AD / 33AB.