Is tax audit compulsory for share trader??????

Tax queries 3003 views 13 replies

I purchase shares of 2 lakhs daily and sell them on the same day. (marginplus)

so the annual turnover will exceed 60 lakhs.

and as per sec 44AB of IT Act it is compulsory to get accounts audited, for the assessee whose annual turnover exceeds 60 lakhs.

so is there any provision to get rid of audit or i have to get my accounts audited......

thanks..... 

Replies (13)

 

Its compulsory to get audit if your turnover has exceeds 60Lakhs.

You can't " get rid " of audit, unless you can successfully make out a case that the trading was on behalf of others and what you get is only commission.  But in this case, the Assessing Officer will probably point out that your gross receipts (not turnover, since for commission income the term "turnover" cannot be used) still exceeded the limit u/s 44AB.

 

Don't you think that it is too much trouble just to get out of audit and risking penalty u/s 271B?

 

@ member:dnt u think dat in case of commission also ,,tax audit is there..............plz confirm dat also.......

ya in case of brokers dealing in shares of other people the turnover would not have affected the audit provisions. but as you are trading for youself I think it is better to get your accounts audited. 

Commission receipts of a broker is receipt and if it exceeds 60L then audit provisions are applcable under the IT act.

@ Gaurav

If the total of profit & loss seperately of your margin trading is above than tax audit limit , then go for tax audit. In marging trading, turnover is calculated on net effect, i.e. Sale-(purchase+brok.). Transaction of marging trading are under speculative transaction.

if your commission receipt more than 60 lkh than you need for audit otherwise you can clear the term to Assessment officer to we trade to other people behalf for only commission not for profit or loss of there share so till your commission amount not exceed 60 lac don't need to audit 

 

and simple advise if you want trouble out all these kind problem simply go for audit for account its also better for your internal and satatury purpose 

tax audit is required to be done

I think you are talking about Intra Day transaction and not delivery based transaction. In your case, if it is intra day transaction turnover of 60 lacks will be difference of sale and purchase Positive of negative.  Suppose on 01.01.2011 your  purchase is 200000 and sale of same on 01.01.2011 is 205000, on 02.01.2011 your purchase is 500000 and sale of same at 485000 (i.e.at loss)  then your turn over (for tax audit  calculation of 60 lacks) will be 5000+15000 =20000

just see the link-

/experts/turnover-caculation-422205.asp

yes Bimal

i m talking abt intraday...

can you plz give me any legal provision or case law 

The turnover calculation as I have mention is on the basis of Guidance note on tax audit (revised 2005 edition) issued by the Institute of Chartered Accountants of India. refer the same for details

IN CASE OF INTRADAY TRANSACTION    -   THE DIFFERENCE  BETWEEN SALE PRICE & PURCHASE PRICE IS CONSIDER WHILE CALCULATING RS.60 LACKS LIMIT.

What is the definition of turnover in case of income tax audit u/s 44AB...


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