Professional Tax

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Laxman

Laxman (Querist)
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28 September 2009 whether professional tax is allowable expenditure under iT Act

CA SANJAY MUKHERJEE

CA SANJAY MUKHERJEE (Expert)
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28 September 2009 Hi Laxman,

Please read http://www.citehr.com/2840-professional-tax.html

The relevent portion of Ratan Joshi given below

Circular No: 16
Date of Issue: 18/2/1969
Section(s) Referred: 37(1)
Statute: Income-Tax Act
[15] Professional tax-Admissibility of professional tax as revenue expenditure under section 37(1) of I.T. Act, 1961.
It has been represented to the Board that the professional tax is not being allowed as a revenue expenditure under section 37(1) of the Income-tax Act, 1961 as its deduction is not covered by the specified provisions of section 40(a)(ii) of the Income-tax Act.
Section 40(a)(ii) of the I.T. Act, authorises disallowance of any sum paid on amount 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 and gains.
The professional tax levied by local authorities cannot normally be considered to fall within section 4(a)(ii) of the I.T. Act. In order to fall in this category, it would be necessary that the rate or tax is levied on the profits or gains of the business, profession or vocation and it should be assessed at a proportion or otherwise, on the basis of such profits or gains. In other words, what the section essentialy seeks to convey is to prohibit the deduction of taxes on income.
Profession taxes are levied under Entry 60 of List II of the Constitution of India which speaks of taxes on professions, rates, callings and employments. Article 276 of the Constitution makes it clear that such taxes shall not be invalid on the ground that they relate to a tax on income though the quantum of tax might to some extent depend upon the amount of income earned. Strictly speaking, a profession tax is leviable whether or not any profits or gains accrue or arise in a particular year. The payment of such tax is a necessary condition for the carrying on of business within the area of a local authority.
It would accordingly appear that the professional tax paid by a person carrying on a business or trade, can be allowed to him as a deduction under section 37(1) of the Income-tax Act, 1961.