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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2020-21
- Courts
- All ITAT, ITAT Mumbai
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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...






