44Ad salary+capital gain+f&o

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hi,

I have salary income of rs.4.5 lac+some CG and f& o loss of rs.3.5 lac on rs.36 lac turnover

can I file 44 ad and declare 6% profit
if yes please let me know how to calculate tax payable amt
Replies (4)

1. According to sec 44AD, an eligible assessee carrying on an eligible business whose T.O does not exceed Rs. 2 crores during the year will be eligible to opt presumptive taxation scheme. 
2. Trading in Futures & Options (F&O) will be considered as a non-speculative business and it will be eligible to be set off and carry forward as a normal business loss. Hence sec 44AD will be considered as an eligible business. 
3. As per sec 71, it can be set off against any other income other than salaries. 
4. Hence in your case, since you have a loss under the head F&O it is better to show the loss under the normal provision and carry forward the same rather than paying tax u/s 44AD on a presumptive basis. But you can pay tax @ 6% on the T.O of Rs. 36 lakhs and file ITR-4 relation to it. 
Please correct me if the above solution has an alternative view. 

but if I file normal ITR 3 then I have to file tax audit report??

1. Turnover limit for business is Rs. 1 core for conducting tax audit as per sec 44AB. F&O trading is a business and only if the T.O exceeds Rs. 1 crore tax audit u/s 44AB will become mandatory. 
2. In your case tax audit will not be applicable. You can file ITR 3 without showing audit tax audit report. 
Please correct me if the above solution has an alternative view. 

Have read somewhere if taxable income is exceeds basic exemption limit and have f &o loss...there is provision for compulsary fillubg of ITR along with tax audit report.. Is it right?


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