U/s.44AD vs Proviso to u/s.44AB

Sir, Till the A.Y. 2022-2023, i was under 44AD, but this from the A.Y.
2023-2024 though my turnover is less than 2 Crores, still i would like
to opt out and proceed under proviso to Section 44AB as  there is no
cash collections and cash payments and my profit is  2%. so, can I
proceed without audit u/s.44AB as the turnover limit is up to 10 Crores,
kindly enlighten me
Replies (3)
Quick Summary
This discussion explores the implications of opting out of Section 44AD for AY 2023-2024, even with a turnover under £2 crore, to use the proviso to Section 44AB. The key concern is whether an audit is necessary when profit is declared at 2% and there are no significant cash transactions. It clarifies that opting out of 44AD can lead to ineligibility for its benefits for the next five assessment years, as per sub-section (4).

You can  proceed under section 44AB  but as SUB SECTION (4) OF SECTION 44AD - You are nor eligible for filing return u/s 44AD for next Five Assessment Year.

SUB SECTION (4) OF SECTION 44AD is as under:-

(4) Where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year not in accordance with the provisions of sub-section (1), he shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which the profit has not been declared in accordance with the provisions of sub-section (1).


 

You can  proceed under section 44AB  but as SUB SECTION (4) OF SECTION 44AD - You are nor eligible for filing return u/s 44AD for next Five Assessment Year.

SUB SECTION (4) OF SECTION 44AD is as under:-

(4) Where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year not in accordance with the provisions of sub-section (1), he shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which the profit has not been declared in accordance with the provisions of sub-section (1).


 

Bur sir, I would like to proceed under clause (a),(b) of proviso to subsection (a) of section 44AD ie. without audit.

Read more at: https://www.caclubindia.com/forum/u-s-44ad-vs-proviso-to-u-s-44ab-602323.asp

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