Section 44ad applicability

Tax queries 1080 views 4 replies

Hi, Please help me out on the querry.

Suppose an assessee has Rs 12,00,000 gross turnover, and as per the P&L account the income comes to Rs 4,00,000. What would be the Income as per 44 AD. Will it be 8% of Rs 12lacs or Rs 4 lac?

Can the assessee choose the beneficial option?

What if in the previous 3 years assessee maintains books of accounts and the average rate of Net Profit is around 35-40% and he stops to maintain books of accounts in the current PY? Can he take presumptive income of 8% ?

Replies (4)

As per sec. 44AD income will be 8% of Rs 12lacs, and
yes the assessee can choose any of the beneficial option...

Further, he stops to maintain books of accounts in the current PY if he choose Presumptive income method as per 44AD and take income @ 8%.

@ Ruteen : An assessee can chose beneficial option .... he can take presumptive income at minimum 8% of his turnover...

Dear Yogesh

In the query, there are two different cases.

1) If books are maintained

2) If no books are maintained

Further Section 44AD reads as "in the case of an eligible assessee engaged in an eligible business, a sum equal to eight per cent of the total turnover or gross receipts of the assessee in the previous year on account of such business or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the eligible assessee...." So how would one interprete the words "as the case may be"

I am not getting you clearly,, if you take presumptive income then there is no relevance that you maintain books or not,, and there is relevance of books if you claiming more or less profit than presumptive income. As the case may be interpret as a choice for assessee and both are allowable. If anything else required pls. let me know.


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