Query regarding 44ad of income tax act 1961.

This query is : Open

Guest

Guest (Querist)

10 July 2018 Dear Sir,

I have a query regarding 44AD r.w.t 44AB of Income tax act 1961.

query is as follows along with supporting provisions and FAQs.

PFA act of 44Ab, 44Ad and FAQs mentioned on income tax site (https://www.incometaxindia.gov.in/_layouts/15/dit/mobile/faqs/faq-questions.aspx?key=FAQs+on+Tax+on+Presumptive+Taxation+Scheme&k=)

As mentioned in ACT under 44AB, that if assessee had opted 44AD in earlier previous year and now he is opting out from 44AD during the current previous year then he is liable to get audit of book of a/c.

but in FAQs
there is Two points mentioned,

in first point, it is mentioned that if assessee is not opting 44AD and opt normal provision of income tax then normal provision ( turnover - expeneses = income ) will apply, then assessee will require to maintain books of account. and if t/o exceeds Rs. 1 crore then audit u/s 44ab will be applicable.

In Second point, it is mentioned that a person who is eligible for 44ad declares his income at a lower rate ( at less than 8%/6%), if he does so and his income exceeds maximum amount not chargeable to tax, then he is required to maintain books of account as per 44AA and has to get his accounts audit u/s 44Ab.

Please go through and suggest me that if a partnership firm(formed in may 2017) declares 90 lakh turnover and profit at 3.33% of 3 lakh and he does not opt 44ad he opt normal provision ( turnover - expeneses = income ) and maintain books of accounts as per 44AA and file ITR 5 ( applicable to partnership firm). then, is he liable to audit?

i will be very thankful.