Does non filing of income tax return considered as opting out of 44AD

This query is : Resolved 

12 May 2025 If a person have filed his ITR in presumptive scheme 44AD for past 2 years and in 3rd year he did not filed his ITR at all (Missed filing his ITR) Does non filing of income tax return considered as opting out of 44AD? or can he file his ITR of 4th and 5th year in 44AD?

12 May 2025 No rule or any case in favor or against the fact. Balance can tilt on either side.
You are eligible to file ITR under sec, 44AD IT act. While ITO can deny your claim under scrutiny.
For safety purpose, you can file updated return for the missed year.



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