44AD of IT act

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from last five years a firm was audited because of firms accounts showing below 8% profit

Now he has 40 lakhs sales , therefore 3 20 000 income will be good to declare ,

1)can I go for 44AD directly ?

2) if next year again can I go for audit if profit is less than 8% ?
Replies (3)
1)can I go for 44AD directly ?

- Yes... If Your business (& Assessee) is eligible u/s 44ad.

2) if next year again can I go for audit if profit is less than 8% ?

- Yes... If You will less than 8%/6% then audit is applicable as per sec 44AD(5).

Also audit applicable if You are opt out from sec 44ad less than 5years...
Santos what's the actual profit.

1. As per sec 44AD, if your gross profit or T.O is less than Rs. 2 crores then profit can be shown @ 8% or 6% of the T.O. 
2. For this year sec 44AD can be opted provided you fall under the eligible assessee. 
3. However from the introduction of sec 44AD(4), once this option was exercised then it needed to be followed for 5 AY from the PY in which the profit was not shown under sec 44AD(1). 
4. On failing to satisfy sec 44AD(4), the assessee shall maintain BOA and carry out audit u/s 44AB as per sec 44AD(5). 
5. If you have opted to show profit less than 8 % by maintaining BOA then sec 44AD cannot be availed for a period of 5AY from the AY in which sec 44AD(4) was not satisfied. 
6. To answer to your (1) query sec 44AD can be directly opted and no restriction
(2) You can go for audit by maintaining BOA and showing a lesser profit. But you cannot avail sec 44AD(1) for the next 5 years. 
Please correct me if the above solution has an alternative view. 


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