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Business turnover excludes capital gain on sale of fixed assets under section 44ab

kirti Thakkar (Artical assistant) (11 Points)

11 December 2015

I want Supreme Court case laws for above mentioned topic !

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Kumar Purohit (Articled Assistant) (653 Points)
Replied 05 January 2016

Computation of Total Turnover for the purpose of Tax Audit ICAI has through a Guidance Note clarified the following points:- Where a person is carrying on 2 Business/2 Professions � the total turnover of both the businesses shall be clubbed together and tax audit shall be liable to be conducted if the Total Turnover exceeds Rs. 1 Crore/ Rs. 25 Lakhs as the case may be. Where a person is carrying on business as well as profession and the Turnover of the business is Rs. 1.2 Crore and the Gross Receipts of the profession is Rs 22 Lakhs. In such a case, ICAI has clarified through a Guidance Note that the Assessee is liable to get the Tax Audit done of both the business as well as profession because the Gross Receipts from the business exceed the limit of Rs. 1 Crore. However, if his Total Turnover was Rs. 95 Lakhs and Gross Receipts from business was Rs. 22 Lakhs, he would not be required to get his Tax Audit done. In case where a person has a total turnover of Rs. 98 Lakhs and has sold a Car for Rs. 8 Lakhs. In such a case, the total amount on adding up becomes Rs. 1.06 Lakhs i.e. above Rs. 1 Crore. Confusion arose whether the person is liable to get an audit done in this case and ICAI has clarified that the turnover will not include any amount on the sale of the fixed asset as it was held by the person for business use and not for the purpose of sale. ICAI has further clarified that the amount received from the following items shall not be included while computing the Total Sales/Total Turnover/ Gross Receipts:- Sale Proceeds of Fixed Assets Sale Proceeds of Assets held as Investments Rental Income Income by way of Interest unless assessable as Business Income Any expense which is reimbursable to the Agent by the Client

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Kumar Purohit (Articled Assistant) (653 Points)
Replied 05 January 2016

kirti Thakkar (Artical assistant) (11 Points)
Replied 06 January 2016

Thanks for the answer but I want case laws of Supreme Court on the above mentioned issue! If you have it then plz lemme know okay ! Thanking you once again ! :-)