Applicability of tax audit to partnership firm..


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This discussion clarifies the applicability of tax audits for partnership firms, particularly those involved in trading activities like equities, mutual funds, futures & options, PMS, and commodities. The general consensus is that a tax audit is not applicable unless the firm has previously opted out of Section 44AD of the Income Tax Act within the last five years. Even if a return was filed without showing income at the presumptive rate and without an audit last year, the audit may still not be required if Section 44AD was not opted out of previously.

29 June 2024 Dear sir/ Mam,

A partnership firm having nature of business of trading in equity, mf, f&o, pms etc... as per it's partnership deed.
During fy 23-24 it has t/o as below:

Sale of shares - 3079153
F & O t/o - 28388
PMS Sale value- 3806757
Commodity t/o - 171454

Total t/o - 7085752.

Is tax audit applicable???

Kindly give your valuable suggestion as soon as possible....

Thank you.

29 June 2024 No, unless the firm had opted out from sec. 44AD IT act, in any earlier FIVE years.

01 July 2024 last year return filed without showing income at 8% & audit also not done for last year.

then tax audit applicable????

01 July 2024 As such no, as it seems sec. 44AD IT act was not opted.

29 August 2024 Good Luck.


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