Presumptive taxation - practical queries

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E.g -Assesses is a Doctor. Gross receipts for FY 18-19 is 15 lakhs. Doctor is maintaing books of accounts voluntary only for self use. Profit as per books is 10 lakhs viz a viz deemed profit u/s 44ADA of 7.5 lakhs.


Assesses files IT return showing deemed profit at 7.5 lakhs and discharged the tax thereon.


In the books of accounts,he transfer profit of 10 lakhs to his capital account.


Query 1 - Whether assessee paying taxes on deemed profits even when actual profit is higher saved from any further tax liability ? Will the Income Tax authority accept a profit and loss statement showing 10 lakh profit and not do addition to income ?


Query 2 - Can a CA certify such financials ( say to be submitted to bank for loan purpose ) which would show a higher profit viz a viz the I.T return? 


Query 3 - In case assessee in next year gets liable for audit as profit is lower than deemed profit

In that case, due to voluntary maintenance of books of accounts, We have the last year financials but that would contain capital balance higher by 2.5 lakhs . What will be implication / liability of Tax Auditor signing such balance sheet where excess capital of 2.5 lakhs is the one on which income tax is not paid ? 


If any expert can lobby this issue with CBDT and get a clarificatory circular from CBDT on these aspects, it would clear the stance taken by income tax practitioners , bound the tax officers by not making any abnormal additions and reduce litigation.

please resolve the above queries

Regards
CA. Raj Doshi
Replies (5)
ans queryno-1 assesee just need to pay tax only deemed income... as in the case of presumptive taxation scheme assessee need to prepare any books of accounts until and unless declare less profit..
assume if he prepare books of personal purpose and statement showing 10L profit then why assessee will show their higher profit to tax department..???
anyone doesn't want to pay higher tax ...

Query 1 - The section 44ADA(1) says that " a sum equal to 50% of the total gross receipts of the assessee in the previous year on account of such profession, or as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the assessee, shall be deemed to be the profits and gains of such profession chargeable to tax"

This means in your case if the Assessee has earned Rs 10 lakhs as profit then he is required to offer the said profit for tax and not 50% (Rs 7.5 Lakhs). 

Query 2 -  If the proper books are maintained than a CA can certify the same for bank purpose as Income Tax and Banks are separate. But CA certifying has to satisfy himself/herself that books of accounts are true and fair. 

Query 3 -  If the assessee falls for tax audit in next financial year, the tax auditor can put a disclosure/observation that opening balances have been drawn up from unadutied balances and not subject to verification. So that the tax auditor has no implication on it.

Dear zeal ji.

What if I do not draw financials for the period. And offer under presumptive tax. My voluntary books of accounts will continue to shown profit of 7.5 lakhs. Accordingly, my capital will increase. in subsequent year during tax audit,I will put the disclosure regarding unaudited opening balances. Whats your opinion with regards acceptance at income tax dept level.?
There are various decisions "for" and "against" presumptive taxation. So if any decision is based on your facts you can go ahead with profit of 7.50 lakhs. Your return will be backed by any high court decision. So I advise look out for such case laws and then arrive at any conclusion.
Dear Zeal ji,


Does preparing  voluntary books of accounts showing profit of 7.5 lakhs tantamount to "sum higher than the aforesaid sum claimed to have been earned by the assessee" ?

can you share some case laws or any website where I can check.

Thanks alot


CCI Pro

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