Trader
2616 Points
Joined August 2009
You can apply 44AF ONLY IF THE TURNOVER IS RETAIL TRADE. There should be no wholesale trade or manufacture. If an hassessee has a shop and also a fast food counter in the shop and, buys coke, icecream, biscuits and resells the packs or bottles at MRP, that portion is retail trade. However, if it prepares fast food for serving, that does not come under retail trade. You have to seperate the retail trade and other businesses. Deduct the retail trade turnover. Now:-
1) If you apply 44AF and offer 5% of retail trade turnover for tax. No problem for audit. However, the rest of your business after deducting the retail trade should not exceed 40 lakhs, otherwise in any case you will have to audit. You can still claim 44AF on retail trade and audit other businesses if > 40L.
2) If you show the profit below 5% of turnover in retail trade or even a loss, even if your aggregate business in total is < 40L, you will still have to audit.