Section 44ad v/s 44ada - accountancy

Page no : 2

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194897 Points)
Replied 29 March 2018

Any office set up? staff? nature of expenses?


RAJA P M ("Do the Right Thing...!!!")   (128106 Points)
Replied 29 March 2018

Yes Sir... I have a Office...
No Staffs, Only working Myself and My Wife...

Ex :
Rental, Office Rent, Electricity, Postage & Couriers, Telephone & Internet, Sweeper Salary*, Printing & Stationary, Tea & Cooldrinks And Some other expenditures.... ๐Ÿ˜Š๐Ÿ˜Š๐Ÿ˜Š๐Ÿ˜Š๐Ÿ˜Š
1 Like

S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 29 March 2018

Originally posted by : Dhirajlal Rambhia
I had already replied earlier.............

......For sec 44AD...... eligibility creteria  .............BUSINESS is to be established......
 

I think you got it.....

Dear Sir.,

What is the exact meaning "BUSINESS is to be Established"...?

1 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194897 Points)
Replied 29 March 2018

Theoretically, your's is profession (but not eligible for sec. 44ADA) and as such you should file ITR 3 (AY 2017-18) or its equivalent for next AY....... with books of accounts maintained.......

Though practically some of my colleagues prefer to file it u/s. 44ADA, and in case any defect detected by CPC afterwards..... revise it to ITR3 with same figures..

2 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194897 Points)
Replied 29 March 2018

 

What is the exact meaning "BUSINESS is to be Established"...?

 

Well I have tried to explain it with different examples...... and is practical solution to the contraversial issue, which I would not like to discuss more on this student forum, where we try to find/learn/share the solution in theoretical manner.....

 



RAJA P M ("Do the Right Thing...!!!")   (128106 Points)
Replied 29 March 2018

My Dear Sir.,

Thank You for the replies... Also i got some Clarity...

 

Originally posted by : Dhirajlal Rambhia

Theoretically,

Your's is profession (but not eligible for sec. 44ADA) - Yes Sir Understood.

As such you should file ITR 3 (AY 2017-18) or its equivalent for next AY....... with books of accounts maintained....... - Yes Sir Understood.

Though practically some of my colleagues prefer to file it u/s. 44ADA - Yes Sir Understood.

In case any defect detected by CPC afterwards..... revise it to ITR3 with same figures.. - Yes Sir Understood.

One More Question Please...

In case I'll go to ITR 3 (AY 17-18) with Books of Accounts then Profit will be Shown 50% or 8%...?

This is only My Doubt One of the Important Doubt...crying

1 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194897 Points)
Replied 29 March 2018

Debatable issue...... Practically, I will go for at least 50%.........

1 Like

RAJA P M ("Do the Right Thing...!!!")   (128106 Points)
Replied 29 March 2018

Originally posted by : Dhirajlal Rambhia
Debatable issue...... Practically, I will go for at least 50%.........

Thank You for the Clarifications and Solutions about My Doubt. The Doubt is in my mind last few Years. Now it's cleared....

 

As per Your Replies and Solutions with my understandings.... --->

* The Service treat as Profession.

* Profit will be shown @ 50% if treated Profession and can file ITR 4 or ITR 3 in AY 2017-18..

* In case opt 44ADA in AY 17-18 and Dept not accepted then will consider it as Business and File 44AD in Next    AY 2018-19..

 

Which business code is better for me :

Professionals - 0603 or 0607

OR

Service Sector - 0703 or 0714

1 Like

Saifullah Khalid (Autodidact/Curious ) (638 Points)
Replied 29 March 2018

Originally posted by : RAJA P M


Which business code is better for me :

Professionals - 0603 or 0607

OR

Service Sector - 0703 or 0714


As far as 44ADA is concerned , the only Nature of Bussiness Codes eligible are " 601 to 607 " any thing else will definitely result in "Defective return ".

2 Like

RAJA P M ("Do the Right Thing...!!!")   (128106 Points)
Replied 29 March 2018

Thank You My Dear Mr. Dhirajlal Rambhia Sir.,

I got a Best and Suitable Reply from You... It's more helpful for My Works and PROFESSION...

 

Thanks Once Again...

heartheartheart

 yesyesyes

1 Like


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194897 Points)
Replied 29 March 2018

At times our own light goes out and is rekindled by a spark from another person.

Each of us has cause to think with deep gratitude of those who have lighted the flame within us.

Albert Schweitzer

 

Thank you........ & CCI.....

Thank you... my friends for  your overwhelming love and support.....

1 Like

Karan Kapoor (Student) (38 Points)
Replied 23 May 2025

Is a Simple Accountant a “Professional” for Income Tax Purposes?

Short answer:

No, a "simple accountant" (i.e., someone who is not a Chartered Accountant and does not hold a regulated qualification) is not considered a “professional” under the definition used in Sections 44AA and 44ADA of the Income Tax Act.


๐Ÿงพ Here's Why:

Under Section 44AA and Rule 6F of the Income Tax Rules, the term "profession" includes only certain specified professions, such as:

  • Legal

  • Medical

  • Engineering

  • Architectural

  • Accountancy โœ… (But this means a Chartered Accountant, not any person doing accounting work)

  • Technical consultancy

  • Film artist, etc.

So:

  • A Chartered Accountant (CA) is a professional under this law.

  • A bookkeeper, Tally operator, or independent accountant who is not a CA is not recognized as a "professional" under this definition.


๐Ÿ“Œ Key Distinction:

Type of Accountant Considered Professional under Tax Law? Eligible for 44ADA?
Chartered Accountant (CA) โœ… Yes โœ… Yes
Non-CA accountant / Bookkeeper โŒ No โŒ No

โœ… What Can a Simple Accountant Do?

  • You can still file your ITR as a business (service provider) under Section 44ADnot as a professional.

  • Or file under the normal provisions by maintaining books of accounts.


๐Ÿ’ฌ Conclusion:

A “simple accountant” is not treated as a professional for income tax purposes unless registered as a CA.
Therefore, Section 44ADA is not applicable to them.

Let me know more about your work or income type, and I can help suggest the best section and ITR form for you.


Karan Kapoor (Student) (38 Points)
Replied 23 May 2025

A "simple accountant" (i.e., someone who is not a Chartered Accountant and does not hold a regulated qualification) is not considered a “professional” under the definition used in Sections 44AA and 44ADA of the Income Tax Act.


๐Ÿงพ Here's Why:

Under Section 44AA and Rule 6F of the Income Tax Rules, the term "profession" includes only certain specified professions, such as:

  • Legal

  • Medical

  • Engineering

  • Architectural

  • Accountancy โœ… (But this means a Chartered Accountant, not any person doing accounting work)

  • Technical consultancy

  • Film artist, etc.

So:

  • A Chartered Accountant (CA) is a professional under this law.

  • A bookkeeper, Tally operator, or independent accountant who is not a CA is not recognized as a "professional" under this definition.


๐Ÿ“Œ Key Distinction:

Type of Accountant Considered Professional under Tax Law? Eligible for 44ADA?
Chartered Accountant (CA) โœ… Yes โœ… Yes
Non-CA accountant / Bookkeeper โŒ No โŒ No

โœ… What Can a Simple Accountant Do?

  • You can still file your ITR as a business (service provider) under Section 44ADnot as a professional.

  • Or file under the normal provisions by maintaining books of accounts.


๐Ÿ’ฌ Conclusion:

A “simple accountant” is not treated as a professional for income tax purposes unless registered as a CA.
Therefore, Section 44ADA is not applicable to them.

Let me know more about your work or income type, and I can help suggest the best section and ITR form for you.


Karan Kapoor (Student) (38 Points)
Replied 23 May 2025

A “simple accountant” is not treated as a professional for income tax purposes unless registered as a CA.
Therefore, Section 44ADA is not applicable to them.

 




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