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interpretation of sec 44AB of income tax Act

25 August 2018

44AB. Every person,—

[a] carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds one crore rupees in any previous year; or

the question as why there is requirement to use word EXCEEDS what it means and is it not sufficient to use word EXCEED only

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7 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160579 Points)
Replied 25 August 2018

For Sales & Gross receipts, being plural...... exceed is used.......

but in case of turnover being singular, grammatically exceeds is necessary.....

2 Like

CA P V N Varma (CA ) (609 Points)
Replied 25 August 2018

I agreed with Dhirajlal ji

1 Like

Lalit Lohar (43 Points)
Replied 25 August 2018

ok thanks sir , i also having same opinion but was not sure hence asked , i have one more question of the same section

44AB. 50Every person,—

[a] carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds one crore rupees in any previous year; or

why there is requirement to use word any previous year , only previous year is not sufficient ?

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160579 Points)
Replied 25 August 2018

Which previous year??!!!!!!!!!!!

(analyse.... you will get answer)

Lalit Lohar (43 Points)
Replied 25 August 2018

44AB. 50Every person,—

[a] carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds one crore rupees in ANY previous year; or

Previous year as defined under act , what is requirement to use the word here ANY

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160579 Points)
Replied 25 August 2018

The act/rule is not for particular (PY) year (till it is amended, it remains same, that too particular part gets amended), so the basic rule remains same and gets applied to any previous year..... be it 2018-19, or 2019-20, like......