Section 44ad - Will only 6% or 8% be added to my capital?

Tax planning 792 views 7 replies

I want to switch to ITR-4S under section 44AD. I am running an eligible business, no doubt on that. In the past years, my profit ratio has been well above 6% of the gross receipts, even upto 40% in some years, but it's very inconsistent. All my receipts are digital so I am eligible for presumptive income @ 6%.

 

Assuming my turnover is 1 Crore, my presumptive income would be Rs. 6 lakhs. After availing the deduction u/s 80C, my taxable income will be Rs. 4.5 lakhs. I will pay the applicable tax on this.

 

I don't even know the actual profit since I don't maintain books, as relaxed by this provision.

 

Now, my question is whether only Rs. 6 lakhs will be considered as my addition to the capital and any excess amount (out of the recorded digital turnover) found in my bank/investment will be considered as undisclosed income (liable for penalty etc.).

 

If so, what is the main benefit of section 44AD? Is it just freedom from bookkeeping for the eligible assesses, or should it be considered as a discounted slab in income tax, and any amount within the digital turnover could be considered as capital?

Replies (7)
under 44AD you can pay tax @ 8% presumptive rate and you can assume 6% if the same is received via digital channel......
Yes... Why not?

But, Consider Yourself self as per Your view is going correct...

Sorry, please help me understand your response, particularly to my specific query.

as I think you most go with 8%
as 6% May be also assume if totally received via
digital way but it may create problem in future
as proper demonstration is not possible
you have the option to estimate income at rates higher than 6% or 8% but income so estimated should match the asset accretion plus drawings.

Thanks for your response, but I haven't got my answer yet. If my gross digital receipt is 1 crore and I show presumptive income of 6 lakhs, and I had made a mutual fund investment of 20 lakhs. Can the IT department consider 14 lakhs (20-6) as my undisclosed income and impose penalty etc.? 

Apparently investment in MF does not match the declared income, and IT department is likely to ask to explain the source of investment. If investment is not explained or partly explained, the amount remaining unexplained will be treated as income and taxed and also will attract penalty. Before filing return please take care that there is a parity between declared income and investment. Investment may also be explained by past accumulated income, if any.


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