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ITAT Mumbai: AO Cannot Apply 50% Presumptive Rate U/s 44ADA to Business Income Declared U/s 44AD – Addition Deleted

Case Law Details

Case Name
Manoj Rajaram Sharma Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
Advertisement Manoj Rajaram Sharma Vs ITO (ITAT Mumbai) ITAT Mumbai: AO Cannot Apply 50% Presumptive Rate U/s 44ADA to Business Income Declared U/s 44AD – Addition Deleted In this case, the assessee, a Business Correspondent (BC) of Fino Payments Bank, declared income u/s 44AD based on commission earned from customer transactions routed through a BC merchant account. The AO, despite accepting the turnover, arbitrarily applied a 50% profit rate (akin to u/s 44ADA) instead of the statutory rate under 44AD and made an addition. The ITAT held that the activity of a BC is a business activi...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,980

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