Tax audit applicability

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 August 2018 hi,
I done my Income Tax Audit For Assessment Year 2017-18. Now Can I File My IT Return U/s 44AD (ITR-4 SUGAM)? or mandatory to do audit?

Following is Amendment in Finance Act, 2016
Following sub-sections (4) and (5) shall be substituted for the existing sub-sections (4) and (5) of section 44AD by the Finance Act, 2016, w.e.f. 1-4-2017 :

(4) Where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year not in accordance with the provisions of sub-section (1), he shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which the profit has not been declared in accordance with the provisions of sub-section (1).

(5) Notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee to whom the provisions of sub-section (4) are applicable and whose total income exceeds the maximum amount which is not chargeable to income-tax, shall be required to keep and maintain such books of account and other documents as required under sub-section (2) of section 44AA and get them audited and furnish a report of such audit as required under section 44AB.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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13 August 2018 assuming you are satisfying all other conditions ie turnover, eligible assessee, eligible business etc, you can choose to go for 44AD. But if next year you decide to go back to non-presumptive taxation, you cannot return back to 44AD for next five years.

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