Applicability of sec 44ad for a partnership-

Tax queries 636 views 3 replies

Hi

I have a question- If the taxable income of a partnership is negative i.e loss , is the assessee required to maintain books of accounts/get it audited under tax audit to comply with presumptive tax provisions?

The relevant section is copied below

(5) Notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee who claims that his profits and gains from the eligible business is lower than the profits and gains specified in sub-section (1) 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.

My view is that since the total income ( loss in this case)  does not exceed maximum amount not chargeable to tax, there is no need to obtain tax audit certificate.

The turnover for the buisiness is just Rs 3.5 Lacs.  loss after working partner remuneration of  Rs 1.5 lacs  is Rs (85000)

Views on this much appreciated

 

Replies (3)

what i have referred from V.K.Singhania you don't have to maintain books.

hi ,

        you must get your accounts audited,as the bold letter wht u have highlighted is for individuals and HUF,for partnership there is no limit called maximum amount chargeable and all to partnership firm,they r liable to tax thts it

the moment they disclose less than 8 percent get accounts audited

second question is why do they go to 44ad when they have losses,anyways the question is get books of account audited

regards

sripal jain

I also agreed with Sir CA Sripal Jain as sec 44AD is applicable for the profits 8% or higher of Gross Receipts/Turnover

and if you want to show less than 8% or losses you may have to get your accounts audited.


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