Income tax under presumptive taxation

Tax planning 336 views 10 replies
If some one is declaring his income on presumptive basis under sec 44AD for AY 18-19 and wants to declare his income more than 6/8 % of gross turnover. Can he do so or can declare only 6/8 % of gross turnover.. And if declare excess than 6/8 % any additional requirement imposed by law??? Please suggest...
Replies (10)

    Under  section 44 AD  , income would be presumed to be  8%  of the total turnover of the assessee, only  if the  total turnover of the aeeessee is less than  2 Crore.  In case the total turnover of the  assessee  is more than  Rs 2  crore, income would be computed as per  the normal  provisions of  the income tax act . (i.e.  Revenue - expence - Depreciation )  and the assessee would also be required  to get his accounts audited under  section  44 AB.

    

Yes,he can voluntarily declared his business income u/s 44 AD more than 8/6%,no further additional requirement

Refer the link

https://www.incometaxindia.gov.in/tutorials/13.%20tax%20on%20presumptive%20basis%20in%20case%20of%20certain%20eligible%20businesses.pdf

Yes...
He can avail the benefit as per sec 44AD... No more restriction...
Yes i know the provision condition of Rs 2 Crore but i am asking can declare more than 6/8%, (say 15%), but in actual income may be greater than 15% of turnover also... Can he do so???
Yes... You can show 8% if your profit above 8 percentage ...
Thanks.. Means no complications will be there if assess wants to take benefit of sec 44AD and declare his income @ 15% (not 6/8%) of turnover and actual income may be higher than declared income even. Later on can AO ask the sources of income and questioned for not paying the tax on actual income..
Yes... Exactly...

In above section we ll show the profit 8 percent is must. Also we can show the profit above 8%/6% no more restriction as per sec 44AD and the section says the same way....
Thanks for the reply...But doubt is that , in one of the return processed under 143(1) for sec 44AD and 44AE there is written tax >/= 50% of turnover and >/= Rs 7500 respectively. But in the same format for 44AD, tax = 6/8% no greater than sign mentioned there for AY 17-18. However till AY 16-17 greater than sign was there for sec 44AD also. And one of the consultant suggested that it would be safe side to declare the income at exact rate (6/8%) instead of higher...Since if we do the higher declaration AO can ask for the sources of income and for non payment of tax on such income.. In my opinion AO can not ask any question when we are taking the benefit of sec 44AD until turnover is go excess by 2 Crore though how much excess is our actual profit..

Yeah...

Your opinion is exactly AO can't anything if we file above 8%...

Thanks to all for your response.


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