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Is showing income above 50% compulsory for profession even if not opting for 44ada?

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We are a partnership firm and our CA is insisting that we have to file under section 44ADA as our TDS is deducted under professional services. And if we show profit less than 50% then we have to have compulsory audit. He is aso insisting that that partner salary and interest is allowed to be deducted above the 50% profit. Our total gross receipts were around 21 Lakh.

He is saying that govt has started section 44ADA this year only and every other professional service should show profit above 50% or else get audited.

When I tell him not to opt for section 44 ADA he is saying that it is compulsory. Is he trying to dupe me into paying audit fees? What other section do we file under if we don't opt for section 44 ADA? Please help.

Replies (6)

What is your business or profession?

We are a media agency. We make corporate videos, make websites, handle corporate social media accounts etc.

What is the section of TDS deduction, while receiving payments?

All all partners professionals as specified u/s.44AA of IT act?

 

Most TDS is cut under 194J, and some under 194C (2%). As we are a small firm, we don't have any clear cut defined positions/responsibilities. We mostly take contract from corporates and hire people to execute them. We also do some work ourself. I am not sure whether we qualify a businessmen or professionals. But if we assume that we are defined as professionals, then do we still need to get audited?

For your analysis........ Doctors  (may be individual or as partnership firm) ( though professionals as specified in act), when run hospital or nursing home...... it is treated as business and not profession (case law: Salini hospitals)

Engineers, architects..... , also qualified under the act as eligible for sec. 44ADA (only specified professions are included as per sec. 44AA of the act), when provide professional services are eligible u/s. 44ADA; but same person (or their firm) take contract of any construction work... are eligible u/s. 44AD (as business).......

similarly coaching classes, financial intermediatories, etc...

Though there is no specific rule for deduction of TDS u/s. 194J, it is deducted over professionals as well as over business firms providing any professional or technical services; but all these entity do not qualify for sec. 44ADA....... They may be doing business by employment/hiring services of professionals. So, analysis your activity...


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