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Questions regarding 44ada plus speculative income

Tax queries 468 views 4 replies

Hello!

I have a freelancing business with turnover less than 50lakhs. I'd like to use 44ada for presumtive income of 50%.

But, I am also active in share market.

I have short term capital loss of: 25,000
Future and option loss of : 11,000
STT, Margin interest, brokerage etc is around: 3,00,000;

F&O Turnover is 90lakhs,
Share(cash) delivery turnover is  3.5 crore.

Now my questions are:
1) I am the sole owner and I hire some freelancers to help me sometimes, pay them in cash. Am I a business or a profession, do I use 44ad, or 44ada?
2) Can someone please explain how to workout the share transaction with my profession/business income? Can I still use presumtive income laws if I have speculative income, and professional income?

Thank you

Replies (4)

1. It will be treated as profession, based on the nature of work. So, section 44ADA can be applicable.

2.  As per section 43(5), F&O trading is treated as normal business transaction. Tax audit will be applicable in your case for loss. Secondly transactions in delivery case can also be of trading nature and should be assessed accordingly.

Thank you Dhirajlal for replying.

So for my professional income, I can use 44ada. Then F&O and other gains normally under various tax heads. So no conflict anywhere?

 

Is there any relation between 44ada and coming up for scrutiny. Thanks again for replying.

" Is there any relation between 44ada and coming up for scrutiny.?"

Not at all. But the magnitude of your other transactions has.

MY QUERRY IS ....

 

MY CLINT IS ADVOCATE AND IS 5 LACS TOTAL INCOME OF FEE (2) ALSO HE IS ENGAGED IN INTRADAY SHARE MARKET AND HE HAS 83000 LOSS THAT YEAR .

CAN I FILE 44ADA?

SHARE LOSS CAN BE SHOWN IN SEPCULATIVE INCOME COLUMN ?

WHAT IS THE RULES THAN ONLY 50% OF GROSS PROFIT OF GROSS RECEIPT ?

 


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