Intra Day loss carry forward

Hello Sir,

My client is having professional income and filing ITR under 44ada 

This year he is having speculative business income -77k , turn over is 2 .2 lakhs, and stcg ,-30 k, ltcg 35 k

Now my query is 

1 can he carry forward speculation losees with out audit, and balance sheet 

Or 

2 he has to choose 44 ad for speculation business without cary forward losses and show income as 6 percent I e 13 k and also show another professional income under 44ada in New scheme 

What is best option for this case without audit and balance sheet in New scheme and for carry forward of losess 

Thank you for reply 

 

Replies (8)
Quick Summary
This discussion explores how to handle intra-day speculative business losses for a client filing under Section 44ADA. The core question is whether these losses can be carried forward without an audit and balance sheet. The advice leans towards using Section 44AD for the speculative income at a 6% declared profit, while keeping the professional income under 44ADA, as using both 44AD and 44ADA simultaneously is generally not permitted.

The best option for your case, without an audit and balance sheet , is to opt for section 44AD for the speculation business, declaring income at 6% (i.e. 13k), and also show another professional income under section 44ADA in the New scheme.

i am not sure if you can technically use 44AD once you are a professional covered under 44ADA!

 

 

Ok sir thank you.both ...but again now as per above  ...I am asking... can I opt both 44ad and 44 ada at the same time .... please answer if possible....

Thank you 😊 

no. as answered above. Once you pick 44ADA, you are legally barred from 44AD as 44AD specifically bars people engaged in 44AA(1) professions.

Ok sir thanks...than what option I have available ....,,? For speculation income 

have you filed return under 44AD in previous years?

Last year I filed 44ada in ITR 3 form, due to having some share income so can't choose form ITR 4,

 

Assuming the ₹77,000 is a genuine speculative business loss, he cannot claim it merely by choosing presumptive taxation. Section 44AD does not apply to speculative transactions, and reporting 6% of ₹2.2 lakh as presumptive income would not convert a speculative loss into 44AD income. Section 44ADA may still be used for eligible professional receipts, subject to its conditions.

  • To claim and carry forward the speculative loss, file the applicable ITR by the due date under section 139(1), disclose the speculative business and loss, and maintain records sufficient to support the computation. The loss can be set off only against speculative business profits and carried forward for up to four assessment years.
  • A tax audit is not automatically required just because the loss is claimed. Audit exposure depends on the applicable business turnover and profit rules, including section 44AB; the stated ₹2.2 lakh turnover alone does not settle this without knowing the nature of transactions and the relevant tax-audit conditions.
  • A balance sheet is not, by itself, a prerequisite to carry forward the loss, but proper books and evidence of the transactions are important. The ₹30,000 STCG and ₹35,000 LTCG are reported separately and cannot be set off against the speculative loss.
  • The new tax regime does not remove these loss-reporting requirements. The correct ITR form and the treatment of the professional receipts depend on the assessment year, the client’s other income and whether the professional work qualifies under section 44ADA.

The key workflow is to separate professional receipts, speculative transactions and capital gains before finalising the return. Manual reconciliation across broker statements, books and tax schedules is difficult; automation can reduce repetitive work while professional judgment remains in control. At Jir AI, our 2,000+ AI agents and 650+ integrations streamline GST, ITR, TDS, TCS and other compliance workflows, helping reduce manual workload by up to 70%. For support with compliance workflows, connect with us on WhatsApp: https://wa.me/message/3HVOZ7HIY4ESC1

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