Overseas revenue

391 views 5 replies
IT technocrat receiving revenue from overseas company directly to bank for the jobs done in India. No TDS done. Could such aggregate inflows be subjected to 44AD and show 6% profit as income?
Replies (5)
No not at all.

Kindly suggest the alternative.  During pandemic, assessee quit job and started taking IT jobs by of his own working from home.  Overseas company sends amount in INR directly to his account. No TDS.  So, this has to be construed as business receipts!

Of course you can opt for presumptive taxation. It seems you are asking about an individual, so the section will be 44ADA with a lower limit of 50 lakhs to be eligible.

TDS deduction on its own does not define the nature of the income nor does it define the income as business or profession. The source of the funds (ie from within India or outside) also does not mean much here.

Pretty much all the software related services are eligible for 44ADA and only the IT Training / Cyber Cafe type of activities are counted under 44AD.

So ultimately you need to decide depending on the type of activity and the gross receipts from that activity.

Here's the list of eligible activities with business codes for 44AD and 44ADA:

44AD, with a 2 crore limit of gross receipts
14007 Cyber cafe
14009 Computer training and educational institutes


44ADA, with a 50 lakh limit of gross receipts
14001 Software development
14002 Software consultancy
14003 Data processing
14004 Database activities and distribution of electronic content
14005 Other IT enabled services
14006 BPO services
14008 Repair and maintenance of computing equipment

Yes, you can claim this income under the presumptive taxation scheme u/s 44ADA of the Income Tax Act, 1961.

This scheme will only apply if your gross receipts do not increase Rs. 50 Lakhs. 

44AD is for business other than professionals

44ADA is specifically for professionals. 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
Featured 16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT, CA SemiQualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
ARTICLESHIP 23 July 2026
Article

Gianender & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details