Filed Under 44AD Instead of 44ADA and Claimed Full Refund: Now Facing Audit and Penalties



The taxpayer received professional income with TDS deducted under section 194J, amounting to Rs 220,000 approx. from the total income of Rs 22,00,000. Since this was professional income, the correct section is 44ADA.

Under Section 44ADA, only 50% of gross receipts is considered as "deemed" net profit and taxed, with no requirement to report full income as profit.

But,

The taxpayer made a mistake that instead of filing under 44ADA, they filed under 44AD.

Filed Under 44AD Instead of 44ADA and Claimed Full Refund: Now Facing Audit and Penalties

Then,

AI-based systems detected mismatches in the TDS section, the nature of income, Form 26AS/TIS data and profit reporting and sent notice u/s 142(1).

2974431_20250818131721_notice_142

Why Department Send a Notice To the Taxpayer?

Section 194J TDS is for professional/technical services, which is eligible for 44ADA, not 44AD as it is a business receipt.

Under 44AD, the taxpayer must show at least 6% or 8% profit on business receipts. Here, the taxpayer is shown as 8% profit on the gross amount, leading to inflated claimed refunds.

 

By showing 100% refund claim, it implied that the profit ratio was below the allowed norms.

As per Section 44ADA, if a professional declares less than 50% profit, then they must maintain proper books and get a mandatory audit.

In this case, the taxpayer neither maintained proper books nor conducted any audit or complied with audit requirement u/s 44AB,which  became a serious compliance violation.

Consequences

  • If you failure to conduct a compulsory audit it may result in a penalty under Section 271B.
  • The wrongly claimed refund must be repaid with interest.
  • If not rectified, demand notices and forced recovery can occur.
 

Conclusion

File ITR under the correct head of income, disclose small profits/losses, cross-verify with 26AS/TIS as small mistake resulted in penalties for wrong disclosure, unmaintained books, and unperformed audits, leading to significant financial loss and harassment


24071 Views 1 Likes Comment   Share Income Tax   Report


About the Author

pro badge

Finance Professional

I write about Income Tax, GST, TDS, RBI updates, government schemes, and personal finance in India. My focus is on simplifying complex tax and compliance topics into easy-to-understand guides that help readers stay updated with the latest financial rules, investment options, and regulatory changes.

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details