Manager - Finance & Accounts
58323 Points
Joined June 2010
Hey Arora! Great questions — these sections can be confusing. Let me clarify the differences and help you with your specific scenario.
Overview of Sections 44AD, 44ADA, and 44AE (Presumptive Taxation)
Section |
Applicability |
Business Type |
Turnover Limit |
Who should use it? |
44AD |
Small businesses (other than professionals) |
Eligible businesses like trading, manufacturing, or services (except professionals) |
Up to ₹2 crore turnover |
Small businesses except professionals/agency |
44ADA |
Professionals |
Professionals covered under section 44AA(1) like lawyers, doctors, architects, advertising agencies (mostly professionals) |
Up to ₹50 lakhs gross receipts |
Professionals including some advertising agencies |
44AE |
Transporters |
Transporters owning not more than 10 goods vehicles |
Based on number of vehicles |
Transport business |
Your Scenario: Advertising Business / Agency
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Is advertising business covered under 44AD or 44ADA?
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This depends on whether it’s a professional service or a business.
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If it’s advertising agency services (agency work with clients), usually it’s considered a professional service and falls under 44ADA.
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If it’s purely sale of advertising space (like you selling internet advertising space) without agency functions, it may fall under 44AD as a business.
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Your SAC code: 998365 (Sale of Internet advertising space)
This generally classifies as business income, not professional services.
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GST & Income:
Since GST registration was surrendered and you had limited sales (₹8 lakhs) with no books maintained, presumptive taxation under 44AD seems appropriate.
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Websites saying agency work is excluded from 44AD:
True, agency services (i.e., professional services where advice, consultancy is involved) come under 44ADA. But if you are just selling space, it’s more like business income (44AD).
About your Profit & Filing:
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₹8 lakhs turnover and ₹34,000 net profit on presumptive basis sounds aligned with 44AD (8% of turnover is presumed profit, here ₹64,000, so ₹34,000 actual is less but you pay tax on presumptive amount).
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If you choose 44ADA, presumptive profit is 50%, but your income is small, so 44AD may be more beneficial here.
Filing ITR:
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If you select ITR-4 under 44AD or 44ADA, you can still declare STCG (Short Term Capital Gains) separately in the same return.
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STCG (like from sale of debt mutual funds) is separate from presumptive business income and should be reported in the ITR-4 form in the appropriate schedule (Schedule CG).
Summary:
Question |
Recommended Approach |
Advertising agency or business? |
Since you sell internet ad space (SAC 998365) without agency service, use 44AD. |
Filing ITR |
Use ITR-4 with presumptive income under 44AD. |
STCG inclusion |
Yes, include STCG separately in ITR-4. |
If you want, I can help you with a sample ITR-4 fill-up or suggest how to report your capital gains properly. Would you like that?