Presumtive tax u/s 44AD

An individual declare his income 8% on turnover in A.Y 2021-22 u/s 44AD. But he declares his income under regular scheme (not u/s 44AD) more than 8% on turnover in the A.Y 2022-23  Question is sec 44AD(4) applicable here? Can he opt for sec 44AD in A.Y 2023-24 ??

Replies (4)
Quick Summary
This discussion explores the applicability of presumptive taxation under Section 44AD. It addresses whether an individual who declared income at 8% under 44AD in one year, but then opted for the regular scheme declaring more than 8% in the subsequent year, can revert to 44AD. The consensus suggests that while opting for the regular scheme might restrict future 44AD use for five years, declaring a higher profit percentage under the presumptive scheme itself is permissible.

I think he cannot opt
Audit won't be applicable and I guess he can opt for presumptive since the assessee has not violated any clause.
Yes 44AD is applicable

If he opts for regular scheme he cannot use presumptive for the next 5 years. However if he continues to use presumptive he can declare more than 8% profit, say 35% if that is the actual profit and still be under presumptive. 

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