Loss of partnership firm

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This query is : Resolved

Sumit Shaw (Querist)

09 June 2016 WE ARE FIRM OF TWO PARTNERS, DUE TO SOME CIRCUMSTANCES, OUR P/L IS SHOWING A LOSS OF 132000/-. CAN SOMEONE SUGGEST ME WHETHER IN THIS CASE A TAX AUDIT U/S 44AB IS REQUIRED OR NOT??

CA SUNIL K GARG

CA SUNIL K GARG (Expert)

10 June 2016 Tax Audit u/s 44AB does not depend upon profit or loss in P&L whereas it depends upon turnover during the year, whether profit is lower than 8% under section 44AD of the Income Tax Act, 1961.

Sumit Shaw

Sumit Shaw (Querist)

11 June 2016 So Instead my case it is not applicable na.. Just needs to be confirmed??

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

03 August 2024 The requirement for a tax audit under Section 44AB of the Income Tax Act is based on several criteria. For a partnership firm, the key considerations are:

### **Tax Audit Requirements under Section 44AB:**

1. **Turnover Threshold:**
- If the **turnover** of the partnership firm exceeds ₹1 crore in a financial year, a tax audit under Section 44AB is mandatory, regardless of whether the firm shows a profit or a loss.

2. **Presumptive Income:**
- If the partnership firm is claiming presumptive taxation under Section 44AD or 44AE, the audit requirements and thresholds might be different.

3. **Loss Scenario:**
- If the firm’s turnover is below ₹1 crore and it shows a loss, a tax audit is generally not required. However, if the firm has opted for presumptive taxation under Section 44AD, then the audit requirement would apply even if there is a loss.

### **Determining Your Situation:**

Based on the information provided:

1. **Turnover Below ₹1 Crore:**
- If your firm's turnover is less than ₹1 crore and you are not claiming presumptive taxation under Section 44AD or 44AE, you are **not required** to undergo a tax audit under Section 44AB.

2. **Turnover Above ₹1 Crore:**
- If your firm’s turnover exceeds ₹1 crore, a tax audit is mandatory regardless of the profit or loss situation.

3. **Presumptive Taxation:**
- If the firm is covered under presumptive taxation schemes (e.g., Section 44AD), the audit requirement would be applicable even in case of a loss.

### **Conclusion:**

If your firm's turnover is below ₹1 crore and you are not covered under presumptive taxation schemes, you are **not required** to have a tax audit under Section 44AB.

However, it’s always good practice to consult with a tax professional or accountant to confirm your specific situation and ensure compliance with all applicable regulations.

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