Income tax act section 44 ad

Under section 44AD of IT Act 1961 if the assessee does not maintain books of accounts then he can declare 8% of his total gross receipt from any business (including Speculation Business) as net profit. The higher profit may be declared by the assessee. In your case it seems that the assessee has full information of his net profit and if his net profit is more than 8% of the gross receipt which is higher in your case then the assesse will have to declare the higher profit. I m answering this question based on a problem in my Income Tax book of CA Final. In that problem the assessee had maintained P& L A/c and his net profit was more than 8% of his gross receipts. So his total profit u/s 44AD was taken as the net profit from his P&L a/c. 

So here the concept is that if the assesse has no records about his expenditure & net income , he can presume his net profit. But if he has records then he should declare 8% of his gross receipt or actual profit whichever is higher as his total income from that source. 

Please take the advise of other expert. But I believe this is the perfect answer.

Here it was presumed that the assessee is an individual/firm or HUF