Applicablity of sec 44ab for doctor assesse

Stat Audit 1522 views 5 replies

pls clarify on this. Assesse is a doctor. runs a multi speciality clinic. His professional Receipts is more than Rs. 15.00 lakhs for AY12-13.  ITR & financial is prepared in doctor's individual name & not in the name of clinic. compulsory tax audit is not done even though Receipts exceeds Rs. 15.00 lakhs. his auditor claims that since financial is prepared in individual name tax audit is not required, if financial would have been prepared in the name of clinic compulsory audit would be applicable.

Pls confirm this justification is correct or not.

Replies (5)

Doctor is required to get his books audited under section 44ab .

 

According to 44ab any assesse under profession  is required to get his accounts   audited by a Chartered Accountant.

and any assesse includes individual also

 

 

 

 

Please clarify who owns the clinics - the doctor alone or he owns them jointly with others. If the clinics are owned by any partnership firm, then that firm becomes liable for tax audit and not the doctor (assuming that the AY 2012-13 mentioned by you is correct since tax audit limit for AY 2013-14 is Rs. 25 lacs).

 

If clinics are owned by the doctor as a sole proprietor, Income Tax Act recognises only an individual as a person and clinics will not be a separate person to be assessed distinctly. Hence tax audit is very much applicable to the doctor.

thanks for ur replies.

clinic is owned by the doctor as proprietor. but doctors do not get their clinics registered like business firms. query relates to AY 12-13 wherein tax audit is applicable for Receipts more than 15 lakhs.

the auditor claims he has been following this since AY 11-12. all proceedings for the AY 11-12 is over & they have not received any notice for not conducting compulsory audit. so his justification stands valid.

but as per my understanding sec 44AB is applicable.

pls confirm if there is any way the assesse points stand valid

Gross receipts vary each year. If he did not receive any notice for AY 2011-12, that could be because his gross receipts might be less than tax audit turnover criterion for that year. In absence of complete details, I cannot comment. Further, I do not agree with statement that doctors do not get their clinics registered like business firms. Each professional, be it doctor or CA, has to get registered with a governing authority. A doctor will have to register with a medical association that regulates their profession and his entire receipts will be considered while determining tax audit applicability.

i agree with you Milind. I too had argued the same with doctor's auditor. but he does not seem to be convinced. regarding registration I was referring for req of clinic & not of doctor himself thanks for all ur replies


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