Can businessman show his net profit below 8 %

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Shaikh Mujahid (Querist)
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25 December 2013 Can any one tell me that any businessman who is proprietor can show his net profit below 8% without conducting audit

CA DHEERAJ

CA DHEERAJ (Expert)
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25 December 2013 YES HE SHOW BELOW 8 % PROFIT WITHOUT AUDIT BUT SUBJECT TO HIS TOTAL INCOME NOT MORE THAN MAXIMUM AMOUNT NOT CHARGABEL TO TAX

Shaikh Mujahid

Shaikh Mujahid (Querist)
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25 December 2013 I dont understand

Shaikh Mujahid

Shaikh Mujahid (Querist)
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25 December 2013 Kindly explain

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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25 December 2013 An assessee can show income less than 8% of gross receipts provided his income does not exceed the exemption limit, i.e., Rs. 2 lakh or 2,50,000 (senior citizen) or 5,00,000 (super senior citizen)as the case may be.

In such a case, he is NOT required to maintain books of accounts and NOT get his accounts audited.

CA DHEERAJ

CA DHEERAJ (Expert)
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26 December 2013 Yes Siddhartha Bhardwaj Said Same Thing which i want to said

Shaikh Mujahid

Shaikh Mujahid (Querist)
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26 December 2013 Some CAs are saying that you can file ITR4 showing less than 8% (which is required as per Sec. 44AD) maintaining books of account without doing audit.But as per my knowledge if a businessman not showing profit as per Sec. 44AD than he has to do audit.
Kindly clarify me and give me suggestion what to do.
I have doubt that if i file ITR 4 showing profit less than 8% than ITO will issue notice for not filing audit report.
The T.O. is 96 lacs

CA DHEERAJ

CA DHEERAJ (Expert)
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26 December 2013 your turnover is 96 lakhs and 8% of 96 laksh = 7.68 laks

so is best option (and my opinion) is go for audit if your profit is less then 8 %

don't take risk this is problamatic issue

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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26 December 2013 Please read Section 44AD(5) which provides that an assessee who shows income less than 8% of turnover AND whose total income EXCEEDS the maximum amount not chargeable to tax is required to maintain books of accounts and get his accounts audited.

Accordingly, BOTH the conditions have to be satisfied simultaneously:

1. Income declared is less than 8%
AND
2. Income EXCEEDS the exemption.

So if you show income less than 8% AND income is less than exemption limit, then assessee is NOT required to maintain books of accounts and NOT required to get his accounts audited.

Shaikh Mujahid

Shaikh Mujahid (Querist)
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30 December 2013 Thank you all for your cooperation

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