Section 44AD: Presumptive Taxation for Business Income

Extract of Section – 44AD of Income-tax Act, 1961

Special provision for computing profits and gains of business on presumptive basis.

44AD. (1) Notwithstanding anything to the contrary contained in sections 28 to 43C, in the case of an eligible assessee engaged in an eligible business, a sum equal to eight per cent of the total turnover or gross receipts of the assessee in the previous year on account of such business or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the eligible assessee, shall be deemed to be the profits and gains of such business chargeable to tax under the head “Profits and gains of business or profession” :

Provided that this sub-section shall have effect as if for the words “eight per cent”, the words “six per cent” had been substituted, in respect of the amount of total turnover or gross receipts which is received by an account payee cheque or an account payee bank draft or use of electronic clearing system through a bank account during the previous year or before the due date specified in sub-section (1) of section 139 in respect of that previous year.

(2) Any deduction allowable under the provisions of sections 30 to 38 shall, for the purposes of sub-section (1), be deemed to have been already given full effect to and no further deduction under those sections shall be allowed.

(3) The written down value of any asset of an eligible business shall be deemed to have been calculated as if the eligible assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years.

(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).

(5) Notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee to whom the provisions of sub-section (4) are applicable and whose total income exceeds the maximum amount which is not chargeable to income-tax, shall be required to keep and maintain such books of account and other documents as required under sub-section (2) of section 44AA and get them audited and furnish a report of such audit as required under section 44AB.

(6) The provisions of this section, notwithstanding anything contained in the foregoing provisions, shall not apply to—

 (i)  a person carrying on profession as referred to in sub-section (1) of section 44AA;

(ii)  a person earning income in the nature of commission or brokerage; or

(iii)  a person carrying on any agency business.

Explanation.—For the purposes of this section,—

(a)  “eligible assessee” means,—

 (i)  an individual, Hindu undivided family or a partnership firm, who is a resident, but not a limited liability partnership firm as defined under clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009); and

(ii)  who has not claimed deduction under any of the sections 10A, 10AA, 10B, 10BA or deduction under any provisions of Chapter VIA under the heading “C. – Deductions in respect of certain incomes” in the relevant assessment year;

(b)  “eligible business” means,—

 (i)  any business except the business of plying, hiring or leasing goods carriages referred to in section 44AE; and

(ii)  whose total turnover or gross receipts in the previous year does not exceed an amount of 58[two crore rupees].

Categories: Income Tax

View Comments (20)

  • sir I Declare my income below 8% or 6% and my total turnover is below 1 crore is applicable to me section 44AB under income tax act becase tax audit is applicable who turnover is exceeding 1 crore

  • Abolish Personal Income Tax all together and save time & money of both the Individuals & the Government. this is a counterproductive tax as on date, with scope of assured GST collection. Government should concentrate on Corporate tax and other sources of income than waste the time of wealth generators with more and more complicated & implicating schemes such as this. These individuals will generate more wealth which they are going to either Save or spend. Either way they will be helping the government either directly or indirectly. Why kill their incentive by such complicated taxation policy !

  • Whether turnover for the purpose of section 44AD shall be inclusive of GST??? or net of GST??

  • From which year the compulsory period of 44ad will start? Is it A.Y.2017-18 OR A.Y.2018-19. Suppose assessee has chosen 44AD in A.Y.2017-18 and wishes to switch over to tax audit from A.Y.2018-19, is this permissible or not?

  • All the complicated rules framed under I T Acts and amendments introduced therein till date are only for noncompliance by the tax-payers and/or compelled to commit mistakes in filing thereof. GoI and its officials involved in framing the rules and implementations are much-much below par standards and they are completely culprits of tarnished intentions.

    Not to abide the rules by the majority of peoples in India is the best solution. We should go ahead.....

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