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Section 28 of Income Tax Act

Know about tax implications on profits and gains from business and profession under Section 28.

Last updated on: January 28, 2026

Section 28 pertains to the head ‘Profits and Gains of Business or Profession’. It outlines the sources of income earned from professional and business activities. The section also covers how these types of income sources are to be taxed.

It covers income from various sources. This includes:

  • Profits from sales or services

  • Salary

  • Commission

  • Extra funds from the brokerage

  • Interest on capital

Types of Incomes Covered u/s 28

Here are some of the income categories taxable under Section 28 of the Income Tax Act:

  • Profits earned from any business or professional activity in the previous year 

  • Income or salary received from profession or business 

  • Compensation received in the below situations :
  1. If the individual is terminated or changes are made in their contract. They must be responsible for managing the company wholly. Or, manage almost all of the firm's operations in India

  2. Individuals in an agency contract with a company. This could be for termination, management or agency contract modification.

  3. Any person concerned with business and the contract was terminated. Or, their conditions and terms have been modified.

  4. If the government takes over the controls of the corporation owned or controlled by the government 

  5. If the government takes over the business or it is controlled by a corporation. Alternatively, it may be owned by the government.

  • Income earned from trade, profession, or from activities performed for members 

  • Income earned from the following trade activities:

    1. On the profit from sales of import or export licence

    2. On the profit from the transfer of the Duty Free Replenishment Certificate (DFRC)

    3. On the profit made from the transfer of the Duty Entitlement Pass Book (DEPB)

    4. Customs duty or excise payable or repaid as drawback. This is under the Customs and Central Excise Duties Drawback Rules, 1971

    5. On the cash assistance received by an exporter under any scheme of the Government of India 

  • All the salary, interest, bonus, remuneration, commission, or other benefits received. This must be received by the partner of the firm. 

  • Benefit/perquisite, monetary or otherwise, resultant of business or exercise of profession 

  • Sum received or receivable for the following reasons:

    1. Not participating in competitive business/profession

    2. Not sharing the copyright, patent, trademark, franchise, or any other type of copyright. This is for assistance in the manufacturing or processing of goods and services

Illustrative Example to Understand Section 28 Deduction

Navigating through tax regulations can be complex. Here is an instance to help you comprehend how to compute your total tax liability.

If we assume that you operate a company that manufactures textile products. Your primary source of income will constitute ‘Profits from business’. It is fully taxable under Section 28. When you end an agreement with the supplier, you will receive compensation. It will also be taxed under the section.

Financial Content Specialist

Reviewer

Poshita Bhatt

Frequently Asked Questions

What is Section 28 of the Income Tax Act?

Section 28 defines the taxable income generated from the business or profession. This could be either directly or indirectly.

The Finance Bill of 2023 proposed an amendment to this section. It ensures that Clause (vi) applies when you get benefits and prerequisites. This could be in cash or cash and other forms.

Keyman insurance is a policy where the employer is both the policy owner and premium payer. The insured person is an employee and any benefits from a claim go to the employer.

Businesses can claim expenses incurred for conducting business operations as a deduction. This includes rent, salary, advertisement, maintenance, business loans, etc.

No, income earned from agriculture does not come under this section. All income for agricultural activity is exempt from taxation as per Section 10(1) of the Income Tax Act.

Section 28 specifies the type of income tax under the head ‘Profits and Gains from Business and Profession'. It does not provide for the registration of companies.

It lists taxable income sources under ‘Profits and Gains from Business and Profession. This includes profits from sales or services, salary, brokerage, and interest on capital.

Section 2(13) refers to business as companies conducting various activities. These include trade, commerce, manufacturing, or related activities. A profession is a job that requires specialised skill and knowledge, as per Section 2(36).

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