About section 44ad (new)

Tax queries 553 views 3 replies

Please guide me ……

If an assessee engaged in the business of Gaments trading and having a gross annual turnover of Rs. 54 lacs and wants to show profit of Rs.1.42 lacs, is it compulsory for him to get the tax audit done?  The assessee has no other income .

 

I am confused about undermentioned paragraph .

As per section 44AD(5)  if his total income exceeds basic exemption limit then he will have to maintain books of accounts as prescribed u/s 44AA(2) and also get his books of accounts audited u/s 44AB.

The books of accounts will be required to be maintained and audited u/s 44AA(2) and 44AB respectively, only if both the conditions i.e declaring of income lower than 8% and exceeding of income above exempted limit, get fulfilled.

Replies (3)
AS PER SECTION 44AF ;;;; AS PER UR QUARRY IF HE WANTS TO SHOW PROFIT 1.42 LAC IT IS COMPULSORY TO GET AUDIT.. SEC. 44AA(2), 44AF(5) APPLICABLE ...........................................
IF HE DOESNT WANT TO GET A/C AUDITED.. SHOW PROFIT AT LEAST 8%....... NO NEED TO PREPARE BOOKS AS PER APPLICABLE SECTION ONLY SALE AND PURCHASE RECORD HAS TO MAINTAIN .......

According to clause(5) the books of accounts are to be audited u/s.44AB only when the income is below the presumptive income as well as the total income should be above the basic limit of tax slab.Hence the conditions are subject to be cumulative and hence it need not be audited if the total income is below the taxable limit.The intention of the law is only to get the presumptive taxation at 8%.So when the negative income or income below the taxable limit come they need not be audited.


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