Section 44AD of Income Tax Act - Few Technical Aspects



Quick Summary
This article delves into three technical aspects of Section 44AD of the Income Tax Act, using a practical example of a civil construction business. It clarifies whether the value of materials supplied by the client should be included in gross receipts, if disallowances under Section 40A apply, and how brought forward losses and unabsorbed depreciation are treated. The analysis provides clear conclusions on each point, offering valuable insights for taxpayers opting for this presumptive taxation scheme.

Dear Students/Readers,

Let us start with a small practical scenario.

Mr. Sanjay is engaged in the business of Civil Construction undertakes small government projects. He received the following amounts by way of contract receipts:

Particulars

Rs.

Towards contract work for supply of labour

70,00,000

Value of materials supplied by Government

10,00,000

Gross receipts

80,00,000

Mr. Sanjay paid Rs.50,00,000 to labourers in cash. He has brought forward loss and unabsorbed depreciation of the discontinued business Rs.45,000 and Rs. 30,000 respectively. Mr. Sanjay would like to opt for the provisions of section 44AD of the Act.

Three technical issues

On close reading of the above-referred problem of Mr. Sanjay, following three technical aspects emerge:

Section 44AD: Key Technical Aspects Explained

(1) Whether value of material supplied by the Government are to be included in Gross Receipts for the purpose of section 44AD?

(2) Whether disallowances under section 40A get attracted for the person opting under section 44AD?

(3) Whether adjustment of unabsorbed depreciation and brought forward business loss to be allowed against the income reported under section 44AD?

Analysis and Conclusion

The first issue gets resolved with the help of CBDT circular no. 684 of CBDT dated 10-06-1994, wherein para 31.1 of the said circular clarifies that "gross receipts are the amount received from the clients for contract and will not include the value of material supplied by the client."

So far as second issue is concerned, the payment to labourers fall under section 37(1) of the Act, being a general deduction under the head “Profits and Gains from Business or Profession”. However, one of the salient features of section 44AD of the Act is that the deduction under section 30 to 38 shall be deemed to have been allowed for the person opting for it. Therefore, question of disallowance in respect of payment to labourers under section 40A(3) does not arise since same has been deemed to have been allowed.

Now, let us revert to third issue which is more interesting. One of the salient features of section 44AD is that the deduction under section 30 to 38 shall be deemed to have been allowed. And depreciation is governed by section 32(2) of the Act, falling between section 30 to 38, therefore, deemed to have been allowed, hence same cannot be adjusted while computing the income under section 44AD of the Act. On the other hand, set-off of brought forward business loss is governed by section 72, which is beyond the provisions of section 30 to 38, therefore, same shall be adjusted against presumptive income computed under section 44AD of the Act.

 

Computation of Business Income in the hands of Mr. Sanjay

Finally, what shall be the presumptive income of Mr. Sanjay opting for section 44AD of the Act? Do post your answer in comment box.

You can also listen me

 

Happy Learning,
All the best.

 

FAQ :

Gross receipts for Section 44AD purposes are the amounts received from clients for contract work and do not include the value of materials supplied by the client.

No, disallowances under Section 40A do not apply because deductions under Sections 30 to 38 are deemed to have been allowed for individuals opting for Section 44AD.

No, unabsorbed depreciation cannot be adjusted as it falls under Section 32(2), which is between Sections 30 to 38, and is therefore deemed to have been allowed.

Yes, brought forward business loss governed by Section 72, which is beyond Sections 30 to 38, can be adjusted against the presumptive income computed under Section 44AD.


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About the Author

Managing Partner

Mr. Mehul Thakker is a Fellow Member of the Institute of Chartered Accountants of India. He is a rank holder in the examinations conducted by ICAI. Expert in the field of Direct Taxes, and conducts advisory and appellate work. Authored three books onPractical aspects of Finance Act, 2003, 2008 and 2009 Authore ... Read more

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