Applicability of 44ad on chemist retailers

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 July 2013 please tell me that a chemist retailer cover u/s 44AD and we can file ITR form 4S for A.Y 2013-14 or not .???????????

CA.Kanhaiyalal Gupta

CA.Kanhaiyalal Gupta (Expert)
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30 July 2013 No, Chemist retailer mostly registered under in VAT, andother authoritiers like Drug License, issuance of schedule bill is compulsory, so that Chemist retailer is not eligible for 44AD

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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31 July 2013 The provisions of Section 44AD are applicable to only Civil Contractors. Therefore, your case is not covered under the definition of civil contractor accordingly you cannot file the form applicable under the provisions of section 44AD.

The provisions are as below:
Section 44AD . SPECIAL PROVISION FOR COMPUTING PROFITS AND GAINS OF BUSINESS OF CIVIL CONSTRUCTION, ETC.

(1) Notwithstanding anything to the contrary contained in sections 28 to 43C, in the case of an assessee engaged in the business of civil construction or supply of labour for civil construction, a sum equal to eight per cent of the gross receipts paid or payable to the assessee in the previous year on account of such business or, as the case may be, a sum higher than the aforesaid sum as declared by the assessee in his return of income, shall be deemed to be the profits and gains of such business chargeable to tax under the head “Profits and gains of business or profession” :

Provided that nothing contained in this sub-section shall apply in case the aforesaid gross receipts paid or payable exceed an amount of forty lakh rupees.

(2) Any deduction allowable under the provisions of sections 30 to 38 shall, for the purposes of sub-section (1), be deemed to have been already given full effect to and no further deduction under those sections shall be allowed :

Provided that where the assessee is a firm, the salary and interest paid to its partners shall be deducted from the income computed under sub-section (1) subject to the conditions and limits specified in clause (b) of section 40.

(3) The written down value of any asset used for the purpose of the business referred to in sub-section (1) shall be deemed to have been calculated as if the assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years.

(4) The provisions of sections 44AA and 44AB shall not apply in so far as they relate to the business referred to in sub-section (1) and in computing the monetary limits under those sections, the gross receipts or, as the case may be, the income from the said business shall be excluded.

(5) Nothing contained in the foregoing provisions of this section shall apply, where the assessee claims and produces evidence to prove that the profits and gains from the aforesaid business are lower than the profits and gains specified in sub-section (1), and thereupon the Assessing Officer shall proceed to make an assessment of the total income or loss of the assessee and determine the sum payable by the assessee on the basis of assessment made under sub-section (3) of section 143.

(6) Notwithstanding anything contained in the foregoing provisions of this section, an assessee may lower profits and gains than the profits and gains specified in sub-section (1), if he keeps and maintains such books of accounts and other documents as required under sub-section (2) of section 44AA and gets his accounts audited and furnishes a report of such audit as required under section 44AB.

Explanation. – For the purposes of this section, the expression “civil construction” includes – (a) The construction or repair of any building, bridge, dam or other structure or of any canal or road;

(b) The execution of any works contract.

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