Can section 44ada and 44 aa both be applicable for a person?

Tax queries 338 views 6 replies

 I am a medical profeessional. My gross receipt in a year is less than 50 lakh (and is above 10 lakhs) and I intend to go for presumptive taxation under section 44 ADA . I would declare my expense to be 50% and for the remaining 50%, I intend to pay tax. But two questions arise:

 

1)Do I still need to maintain an accounts book? (eventhough I don't have to get it audited? Some opine that section 44 ADA only talks about not getting audited under specified conditions. But still section 44 ADA doesn't negate section 44 AA and that I would have to maintian a book of accounts (but need nt audit it)

 

2) Can I claim expenses to be 50% eventhough I may not have that much expense in reality? Suppose my total gross receipt is 48 lakhs this year and I claim expenses to be 50%, would it be OK if my bank balance increase by 35 lakhs this year? (Because if 50%of my income is used up as expenses, I should have used up atleast 24 lakhs and only 24 lakhs should have remained). Can a high bank balance be an issue?

Replies (6)
You can opt Sec 44ADA...
If you opt presumptive taxation (44ada) then no need books of accounts...
Also you can get deductions chapter VI -A related...
evant assessment years.
(vii) The eligible assessee opting for presumptive taxation scheme will not be required to
keep and maintain books of account under section 44AA(1) and get the accounts
audited and furnish a report of such audit as required under section 44AB in respect
of such income unless the assessee claims that:
(a) the profits and gains from the aforesaid profession are lower than the profits
and gains deemed to be his income under section 44ADA(1); and
(b) his income exceeds the maximum amount which is not chargeable to income-tax
Above statement is extracted from finance bill passed by the finance ministry .

From the above statement it is very clear that the once you opt for Section 44ADA you are under no obligation to maintain Books of Account.

Dr.Vijay, you are not required to maintain Books of Account if you are opting for Section 44ADA.

One of the biggest problem today prevailing in India is that the every body start speaking on every subject without having any expertise on that subject. So please beware from that people.
#2 Yes you can claim 50% of receipt as deduction irrespective of your actual expenditure, because Section 44ADA is presuming it.

Thank you so much for the answer. Though many people have replied that I need not keep a book of accounts and that my actual expenses could be lower....you have for the very first time provided the documentary evidence to support this interpretation

 

Yes...I downloaded the pdf file from the www.incometaxindia.gov.in website. I have made it into a winrar file and is attaching it here for easy reference for any future information seekers

 

Once again..thank you so much for this authentic answer

Welcome 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register