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Section 44 ab

Harshil shah (CA Practice ) (24 Points)

26 December 2013

AS Per Section 44 AB Of Income Tax Wheather Purchase is included in The defination of turnover. Incase sales is below 1 Cr But The purchase amount is More Than 1 Cr Wheather Assessee Is Liable for the Income Tax Audit u/s- 44 AB?

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6 Replies

Amrin (Chartered Accountant) (215 Points)
Replied 26 December 2013

No, as per Income tax law, Purchases doesnt make a difference. Only sale t/o should not exceed 1 crore.. But yes the assessee will be liable for VAT Audit

Sanket (!..Live to Give..!) (16427 Points)
Replied 26 December 2013

The word 'turnover' has been defined as under-

"The term 'turnover' for the purposes of this clause may be interpreted to mean the aggregate amount for which sales are effected or services rendered by an enterprises"

Whether sales tax and excise duty to be included in the sales/turnover: If the sales tax/VAT and excise duty are included in the sale price no adjustment in respect thereof should be made for considering the quantum of turnover. If however, the excise duty and/or Sales Tax Account (being seperate Accounts) and payments to the authority (i.e payment of sales tax/VAT and excise duty with the treasury)are debited in the same account, they would not be included in the turnover.

Sales of Scrap: Sales of scrap shown seperately under the heading "Miscellaneous Income" will have to be included in the turnover.

Luxury Tax: Similarly a luxury tax collected by a hotelier also a trading receipt in his hand- Pandyan Hotels Ltd.v. CIT [2004] 266 ITR 172 (Mad.)

Trade Discounts: Trade Discounts can be deducted from sales. Trade Discounts are generaly allowed in the sales invoice, therefore the discount allowed in the sales invoice will reduce the sale price and therefore can be deducted from the turnover.

Cash Discount: Cash Discount otherwise than that allowed in a cash memo/sales invoice is in the nature of a financing charge and a revenue receipt and is not related to turnover. Hence the same should not be deducted from turnover.

Commission on sales: Commission on sales included in the sales payable to the consignee/third person should not be deducted from the figure of turnover for the purpose of section 44AB.

Sales Returns: Price of goods returned should be deducted from the figure of turnover even if the returns are from the sales made in earlier years.

Sales proceeds of Fixed assets: Sales proceeds of fixed assets would not form part of turnover for the purpose of section 44AB since the fixed assets are not held for resale.

Sales proceed of any investment: Sales proceed of any property held as investment in property will not form part of turnover for the purpose of tax audit. Similarly sale proceeds of any shares, securities, debentures etc which are held as investment will not form part of turnover. However if shares, securities, debentures, etc are held as stock in trade, the sale proceeds therefrom will form part of turnover for the purpose of tax audit.

M. N. JHA (CA) (8316 Points)
Replied 26 December 2013

no.........not applicable

shashin mewada (tax consultant) (26 Points)
Replied 27 December 2013

Only sale is taken as t/o. But check any other income is there or not relating to business. B'cos if gross receipt includig sale is more than 1 cr then you have to make audit...

CA Pallav Singhania (IT System Auditor) (33683 Points)
Replied 27 December 2013

No it doesn't include purchase..

it simply means..

If the total sales, turnover or gross receipts of your Business exceeds Rs.1 Crore for the financial year ending 31.03.2013 (Rs.60 Lakhs for the financial year ending 31.03.2012 and Rs.40 Lakhs for any other financial year ending before 31.03.2012),

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