Student
3986 Points
Joined July 2018
1. Sec 44AD(4) is a condition clause which is read as follows,
" Where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year, not in accordance with the provisions of sub-section (1), he shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which the profit has not been declared in accordance with the provisions of sub-section (1)"
2. So, assessee opting for presumptive taxation u/s 44AD(1) need to show the profit under this section for 5 AY succeeding the AY in which the option was opted. Any person who is failing to show the profit under sec 44AD(1) for 5 AY then this option will not be available for that person and he will need to carry out audit specified u/s 44AB(e).
3. Sec 44AB(e) is inserted for people who are eligible for option u/s 44AD(1) but failed to satisfy the condition and becomes ineligible through u/s 44AD(4).
4. It is not as such he is required to get his accounts audited u/s 44AB(e) by virtue of sec 44AD(4). Only the person who fails to show profit u/s 44AD(4) will resort to sec 44AB(e). This is the point in the introduction of sec 44AB(e).
Please correct me if the above interpretation has an alternative view.