Sec 44ad taxation & books

Others 627 views 5 replies

Hello frenz,

A doubt regarding Sec 44AD. Take the case of a Partnership firm. Turnover is Rs.80 lacs (less than Rs.1 Crore). So no Tax Audit. Their Profit as per Accounts is Rs.  20 lacs.

But in order to pay lesser tax amount, it was decided to use sec44AD minimum 8% profit on Turnover which comes to Rs.6,40,000. 

Now the profit being 640,000 the maximum allowable remuneration to partners is Rs.474,000. (Ignore interest on capital).

And tax payment is made for Rs.166,000 @ 30% which is Rs.49,800.00

Now the firm is approaching a bank for a loan. The bank wants Financial Statements for the previous year.

Now in the Accounts, Profit is 20lacs. Remuneration is Rs.12 lacs. ( which are different from the Income Tax Return Viewpoint)

Wont this look absurd? Or it is very much correct and acceptable to present such statements which are not in sync with the Income Tax Return??

Thanx in Advance.

Replies (5)

you can not show different amount of the profit in the financial statments of the same entity in same year, if you show less profit ( although higher than 8%) to save tax and higher profit in bank to show better profitability it is not a tax planning its tax evasion and yes in your language its absurd.

the books of accounts should show the same amount of profit as shown in income tax return.

Thanks sir. Also With regard to the same section, what will haapen when a person filing under 44AD, who is supposed to have deducted TDS, has not done so, what will happen to the disallowance part?

 

If an Assessee adopts Sec.44AD then disalloance under sec.40(a)(ia) can not be made. i.e not applicable. Refer CIT vs Surendra Paul case law decided by Honorable Punjab & Huryana High Court.

Section 44AD is mainly for those assesses that would not have a Balance sheet, P& L Account and other accounting records except Bank statements. The Firm should have declared 20L profit and paid tax properly. Now It will be improper to manipulate the accounts and bring the profit exactly to 8% also there will be a problem in carry forward of balances to the next year as no balances will tally.

Even if  income is declared under section 44AD, stating 8% profit , Preparation of B/S, P&L is required for other Acts like MVAT, Service Tax, etc. so it is my suggesion to shown actual income &


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