Student
3986 Points
Joined July 2018
1. As per sec 44AB tax audits will be applicable only if the gross receipts exceed Rs. 50 lakhs during the year. However, for a person who is opting to pay tax under sec 44ADA @ 50% of gross receipts tax audit will not be applicable.
2. However, sec 44ADA(4) clearly states that once you decide to show profit lower than 50% of your gross receipts, tax audit u/s 44AB and books of accounts u/s 44AA needs to be maintained provided income exceeds the maximum amount not chargeable to tax.
3. If not for sec 44ADA(4), the provision would have been clear and simple that "if the gross receipts are less than Rs. 50 lakhs irrespective of whether a person is opting for presumptive taxation or not tax audit u/s 44AB will not be applicable for him. Since the gross receipt condition specified u/s 44AB is Rs. 50 lakhs and the law cannot ask a person to carry out tax audit if his gross receipt is less than Rs. 50 lakhs".
4. However on introduction of sec 44ADA(4), it gives a overall change to interpretation by "only if a person who opts for presumptive taxation u/s 44ADA or shows profit more than profit that would have been shown under sec 44ADA will be excluded from tax audit even his gross receipts is less than Rs. 50 lakhs."
5. For the removal of confusion lets take an example :
Mr. A decided to show profit under normal profit and his gross receipts come to Rs. 20 lakhs which is less than Rs.50 lakhs. His profit comes to Rs.7 lakhs. But this profit is less than profit under presumptive taxation (if in case he opts, 50% of gross receipts) of Rs. 10 lakhs. Now as per sec 44ADA(4), he compulsory need to carry out audit u/s 44AB even the fact remains that his gross receipts are less than Rs. 50 lakhs.
6. The overall point in having the slab limit of Rs. 50 lakhs is not to unnecessarily burden the small taxpayers.
7. From the above angle, we can say that if your gross receipt is less than Rs. 50 lakhs tax audit should not be applicable. But by the introduction of sec 44ADA(4), it makes it mandatory to carry out audit u/s 44AB due to profit being lower than profit u/s 44ADA(1).
Expect the department to clarify on this issue.
Please correct me if the above solution has an alternative view.