Yes, mandatory ...
1. No..... Before any presumptions.
2. GTI before any deductions (though some experts differ on the view, and interprete it as GTI after all such deductions)
"Now even if other heads income exceeds max amt not chargeable to tax I think this condition is for those who opt for presumptive scheme."
Yes, this is the impression we get after amendment in the section vide Finance Bill, 2016.
Earlier to the amendment the audit was mandatory for such conditions, but after the amendment the condition lapsed in drafting. ICAI has asked certain clarification from department on various issues, this being one of them.
Without any clarification from CBDT, it has become matter of dispute.
So, it is upto you to choose; I do not confirm.
As far as F&O transactions are concern, it is a non-speculative business.. 'Eligible' for deemed profit as per section 44AD(1).
Read: Sr. 55. Section 44AD – Clarifications required regarding provisions of section 44AD Page .. 87 from....
icai.org/prebudget memorandum 2018 dtc
Extracted as follows::
The treatment in respect of a situation, where the eligible assessee has an eligible business with turnover LESS than 1 crore (say Rs. 50 Lakhs) and has declared profit LESS than 8% (or 6%, as the case may be), for the first time in the previous year 2016- 17 or in the previous years 2016-17 and thereafter, has not been covered by the amended provisions.
The erstwhile section 44AD(5) required such assessee to maintain their books of account and other documents as per the provisions of section 44AD and also get the accounts audited and furnish a report of such audit under section 44AB of the Income-tax Act, 1961. Such eligible assessee are in a state of confusion as to whether or not they are required to get their books of account audited and furnish the same as per the provisions of section 44AB of the Act.
Suggestion::
It is suggested that appropriate clarification be issued as to, whether or not, the eligible assessee carrying on an eligible business, who:
a) has NOT in any previous year declared profits in accordance with the provisions of section 44AD AND
b) has total income exceeding the maximum amount which is not chargeable to income-tax AND
c) has a turnover less than the limits prescribed under section 44AB AND
d) claims the profits from the eligible business to be less than 8% (or 6% as the case may be) of total turnover or gross receipts shall be required to get the books of accounts audited and furnish a report of such audit as required under section 44AB of the Income-tax Act, 1961.
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