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Doubt on sec44ad

CA Raviteja (Risk Management) (585 Points)

27 January 2012

Friends, i have a doubt regarding Sec44AD presumptive income. Are there any receipts which fall under Sec44AD and where Income is considered at 12.5% of Gross Receipts for AY 2010-11? If an assessee is engaged in Works contracts business and wnats to tax under presumptive income, what is the rate?

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9 Replies

GOPAL AGGARWAL (DOING NOTHING) (1339 Points)
Replied 27 January 2012

HE HAS TO SHOW only 8% net profit nothing else AND IN CASE OF PARTNERSHIP FIRM INTT AND SLARY TO PARTNERS ARE ALLOWABLE. THERE IS NO RATE OF 12.5% IN SCETION 44AD YOU HAVE HEARD IT FROM SOME WRONG SOURCE. "IF I AM WRONG PLEASE LET ME KNOW"

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(Guest)

Section 44AD has been inserted inthe Income-tax Act to replaceexisting sec.44AD 744AF.
The new Section will be aplicable to any business ( whether it is Retail trade,or Civil construction or any other business)

The provisions of this Section will be applicable if the following conditions are satisfied:

1.Assessee eligible for the purpose of this Section has to be an Individual/a HUF/a Partnership Firm( not being a LLP);
2.The assessee has not claimed any deduction u/s.10A,10AA,10B,10BA,80HHto 80RRB in the relevant Assessment Year;
3.The is not engaged in the business ofplying,hiring,or leasing goods carriages referred to u/s. 44AE; and
4. Total Turnover/ Gross Receipt of the Assessee in the previous year should not exceed Rs. 60.00 lakhs.

THUS THE PROFIT SHOULD BE SHOWN AT 8% OF THE GROSS RECIPT AND THERE IS NO PROVISON OF 12.5% OF GROSS RECIPT

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Pradeep Poojari (CA FINAL) (34 Points)
Replied 27 January 2012

As per Sec 44AD- The relevant assesse has to declare minimum profit i.e., 8% of the Total Turnover and also he can declare higher profit i.e., more than 8% of Total Turnover as his profit.

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CA Raviteja (Risk Management) (585 Points)
Replied 27 January 2012

So as Mr.Pradeep said, as the minimum rate is 8%, can we show higher rate, say 12.5% considering our actual profit?

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Abdul Khader (STUDENT) (192 Points)
Replied 27 January 2012

Amount of Presumptive Income shall be 8% of the Total Turnover or such higher sum as declared by the Assessee.

In case of Civil Construction or Contract Business

Turnover = Gross Receipts - materials supplied by contractee

(Note: Sec 44AD is applicable only if turnover is less than or equal to 60 Lakhs)

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Ramanuj (Accountant.) (834 Points)
Replied 27 January 2012

As per sec 44AD any assesse has declared minimum profit 8% if less than 60 lac gross receipt during the years. assesse show excess profit as you like. not less than 8 %

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vishwanath ( ) (46 Points)
Replied 27 January 2012

As per sec 44AD any assesse has declared minimum profit 8% if less than 60 lac gross receipt during the years. assesse show excess profit as you like. not less than 8 %

if profit is shown below 8% then assesee will be subject to tax audit us 44AB

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PADMANABHAN K K (CA) (364 Points)
Replied 28 January 2012

The assessee has to declare a higher income if such income is more than 8% of the gross recipts as the obligation to declare the correct income is not excused by these provision