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PARKASH (Querist)

11 February 2015 whether tution income covered under sec 44ad. Also explain me whether eligible business include profession also u/s 44ad ?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

11 February 2015 Tution Income not covered u/s 44AD.

Word used is eligible business and therefore Profession not covered u/s 44AD.

See detail discussion from reply given in link below:

https://www.caclubindia.com/experts/itr-form-fo-ay-14-15-1731229.asp#.VNoiaPmUfUs

sivadas chettoor

sivadas chettoor (Expert)

11 February 2015 On a literal construction of the section it appears that "profession" is not covered under the expression "eligible business". It is to be noted that the section itself speaks about excluding profession specified u/s 44AA which may lead to indirect inference that 44AD covers professions other than 44AA. The word "profession" is defined and "business" also defined. The expression used is "business or profession". If both are same there is no need for the description of "profession" separately.On a purposive construction it should include profession also. It may be noted that the Hon supreme court while interpreting "business connection" held that it includes profession also!!
siva208@yahoo.com

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