Professions - applicability of section 44ad/44ada

Tax queries 2837 views 2 replies

Professions not coming under sec 44AA(1), are not covered under section 44ADA. Also their profession does not get classified as business and hence they are also not covered under sec 44AD.This means presumptive income is not applicable to such service providers.

Then they must calculate income as per their account books maintained as per section 44aa and provide details of profit and loss and balance sheet in part A. The requirement of declaring profit more than 50% of gross earnings should not apply to them and requirement of tax audit if gross earning is less than 50 lakhs should also not apply. Am I correct?

Why notice u/s 139(9) for defective return with defect code 181 being issued under such cases?

Professions covered u/s 44AA(1) are required to maintain specified books of account, but if they chose to adopt sec 44ADA and declare 50% of gross earnings as profit, do they become exempt from requirements of section 44AA(1)?


Read more at: https://www.caclubindia.com/experts/section-44ada-2595069.asp

Replies (2)

" Professions covered u/s 44AA(1) are required to maintain specified books of account, but if they chose to adopt sec 44ADA and declare 50% of gross earnings as profit, do they become exempt from requirements of section 44AA(1)?"

YES.

" Professions not coming under sec 44AA(1), are not covered under section 44ADA."

YES

" Also their profession does not get classified as business and hence they are also not covered under sec 44AD.This means presumptive income is not applicable to such service providers."

Does that mean the business codes as per IT rules as specified below are not eligible for presumptive taxation????????

0701 Service Sector [Advertisement agencies]
0702 Service Sector [Beauty Parlours]
0703 Service Sector [Consultancy services]
0704 Service Sector [Courier Agencies]
0705 Service Sector [Computer training/educational and coaching institutes]
0706 Service Sector [Forex Dealers]
0707 Service Sector [Hospitality services]
0708 Service Sector [Hotels]
0709 Service Sector [IT. enabled services, BPO service providers]
0710 Service Sector [Security agencies]
0711 Service Sector [Software development agencies]
0713 Service Sector [Travel agents, tour operators]
0714 Service Sector [Others]
0801 Financial Service Sector [Banking Companies]
0802 Financial Service Sector [Chit Funds]
0803 Financial Service Sector [Financial Institutions]
0804 Financial Service Sector [Financial service providers]
0805 Financial Service Sector [Leasing Companies]
0806 Financial Service Sector [Money Lenders]
0807 Financial Service Sector [Non-Banking Financial Companies]
0808 Financial Service Sector [Share Brokers, Sub-brokers, etc.]
0809 Financial Service Sector [Others]
0906 Entertainment Industry [Others ]

 

if you are professional business, section 44ADA WILL BE APPLICABLE


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