Which section is applicable to teacher who takes private classes ???
section 44AD or Section 44ADA
10 Replies
prasad Nilugal
(3924 Points)
Replied 07 December 2018
I think. teacher. is not in list of profession , please confirm .
Anirudh
(Student)
(299 Points)
Replied 07 December 2018
No presumptive tax benefit to teachers.
Sec. 44AD is only for businesses.
Sec. 44ADA is only for specified professions which does not include teaching profession.
Sec. 44AD is only for businesses.
Sec. 44ADA is only for specified professions which does not include teaching profession.
nikhil
(F. Y. B.COM.)
(29 Points)
Replied 08 December 2018
I think,
Section 44ADA is applicable to only specified professional covered under section 44ADA.
Teachers are not covered in specified professions U/s 44ADA
Section 44ADA is applicable to only specified professional covered under section 44ADA.
Teachers are not covered in specified professions U/s 44ADA
Rakesh Bandal
(Self Employed and Agriculture)
(1349 Points)
Replied 08 December 2018
It can be treated as business income and can opt for section 44AD
as in general, to teach students it does not require any professional degree in private tutions
Anirudh
(Student)
(299 Points)
Replied 08 December 2018
The word "profession" is a term capable of very broad meaning and would encompass a variety of occupations. A person having skill, experience and competence in a line of work can be regarded as professional. It does not necessarily connate a qualification conferred by a recognized university or a course of study.
Thus teaching as such is also a profession, not business.
Thus teaching as such is also a profession, not business.
nikhil
(F. Y. B.COM.)
(29 Points)
Replied 09 December 2018
but as per law, Income from private tution is not covered in the defination of Profession.
So the Sec.44ADA is not applicable here.
So while filling the IT Retutn, Its covered u/s 44AD.
So the Sec.44ADA is not applicable here.
So while filling the IT Retutn, Its covered u/s 44AD.
Rakesh Bandal
(Self Employed and Agriculture)
(1349 Points)
Replied 10 December 2018
AT ANIRUDH
Not every person having skill, experience and competence in a line of work can be regarded as professional , as businessman also have set of knowledge and skills in his business but he can not be regarded as professional
In case of private tutions person having ability to teach can teach any student, consider the case of person teaching students of 9th or 10th std., he is not required to have any professional knowledge and can employ number of teachers to teach students and his tution may have turnover say 50 lakhs in a year then he can not be treated as professional it will be treated as business
Anirudh
(Student)
(299 Points)
Replied 10 December 2018
Dear Rakesh,
As per S. 2(13) of the Income Tax Act, 1961, unless the context otherwise requires, the term “business” includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture.
Where, in case of private tuitions, do u see any trade, commerce or manufacture?
As per S. 2(13) of the Income Tax Act, 1961, unless the context otherwise requires, the term “business” includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture.
Where, in case of private tuitions, do u see any trade, commerce or manufacture?
Rakesh Bandal
(Self Employed and Agriculture)
(1349 Points)
Replied 10 December 2018
can you please explain
what is 'trade', 'commerce', 'manufacture' and adventure or concern in the same
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