Tax audit applicability

Tax queries 500 views 6 replies

Hi,

I am Just want to Know, I have reveiwing the income details of one of my client, and they have salary income of Rs.5,00,000/-(after all deductions) and loss of F&O amounting to Rs. 5200/- on the turnover of 75,000/-. whether in that case section 44AB is applicable, I also google up my query then all the articles puts me in the delima that tax audit is applicable just because of section "44AD".

Now my question whether tax audit is applicable on such meager loss and on such negligilble turnover and why we have refered section 44AD???

Replies (6)

As per section 43(5) F&O transactions are treated as non-speculative (normal) business.

As per section 44AA  for non specified business: 

  • Persons carrying on a Businesare required to maintain books of accounts if, in any of the 3 immediately preceding years, their:
    • Total Sales/ Turnover is more than Rs. 10 lakhs, OR
    • Income is more than Rs.1,20,000
  • For newly set up profession or business: If it is likely that above limits may be exceeded

As the total turnover is 75K, there is no requirement of maintaining books...............No question of tax audit....

Respected Sir,

Yes, As per section 43(5) F&O transactions are treated as non-speculative (normal) business.

But all the relevant articles referring the provision of section 44AD,, ie if your profit is less than 6% of turnover and your income exceeds the amount which is not chargeable to tax, then tax audit is applicable, the articles referring 44AD why???

Respected Sir,

Yes, As per section 43(5) F&O transactions are treated as non-speculative (normal) business. But all the relevant articles referring the provision of section 44AD,, ie if your profit is less than 6% of turnover and your income exceeds the amount which is not chargeable to tax, then tax audit is applicable, the articles referring 44AD why???  

Read more at: /forum/details.asp?mod_id=396736&offset=0

You have option to declare income under presumption, at 6% profits.

But in case your profits are lower than as prescribed under the section 44AD,  and also if total income is more than basic exemption limit, you have to maintain books of accounts as per section 44AA and further to get such books of account audited as per section 44AB. But as per section 44AA you are not required to maintain books of accounts as said earlier.....

Respected Sir,

You have said that you have "option" to declare income under presumption, at 6% profits. if we dont go/ opt 44 AD and shows loss then can we avoid tax audit provisions.

 

Yes.

I repeat: As the total turnover is 75K, there is no requirement of maintaining books (sec 44AA) ...............No question of tax audit....  
 


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