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Presumptive Taxation Scheme

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Presumptive Taxation Simplified as Income Tax Act 2025 Merges 44AD, 44ADA & 44AE

Income Tax : The Income Tax Act, 2025 replaces Sections 44AD, 44ADA, and 44AE with a unified Section 58 framework. While the structure has been...

May 6, 2026 2529 Views 0 comment Print

Analysis of Presumptive Taxation under Section 58 of Income Tax Act, 2025 

Income Tax : The issue addresses the consolidation of multiple presumptive taxation provisions into a single section. The framework simplifies ...

May 5, 2026 4395 Views 0 comment Print

Presumptive Taxation under Section 58 of Income Tax Act, 2025

Income Tax : The Income Tax Act, 2025 introduces Section 58, consolidating earlier presumptive taxation schemes into one unified framework. It ...

April 6, 2026 2841 Views 4 comments Print

MAT Exemption Extended to More Presumptive Businesses of Non-Residents: Budget 2026

Income Tax : The amendment removes MAT for additional specified non-resident businesses taxed on a presumptive basis. This ensures uniform tax ...

February 3, 2026 876 Views 0 comment Print

Presumptive Taxation for Residents – 1961 Act via-a-vis 2025 Act

Income Tax : The issue examines how presumptive taxation is consolidated under Section 58. The key takeaway is that structural simplicity masks...

January 25, 2026 8409 Views 0 comment Print


Latest News


MEF empanelment date extended – Firms under Presumptive Taxation not to submit Financial Statements

CA, CS, CMA : There is no requirement for submitting the Financial Statements i.e. Balance Sheets and Income & Expenditure Account for the appli...

October 9, 2020 1284 Views 0 comment Print


Latest Judiciary


ITAT Delhi Rejects Revenue Appeal Over Presumptive Taxation & Jewellery Additions

Income Tax : The ITAT Delhi held that once income higher than the presumptive rate under Section 44AD was declared, the assessee was not requir...

May 12, 2026 294 Views 0 comment Print

GST Not Income Under Section 44B; Statutory Levy Excluded from Presumptive Taxation

Income Tax : The Tribunal held that GST collected is not part of income for presumptive taxation under section 44B. It ruled that GST is a stat...

March 28, 2026 681 Views 0 comment Print

Cash Deposits Cannot Be Treated as Unexplained Under Presumptive Tax Scheme: ITAT Kolkata

Income Tax : The Tribunal held that once income is declared under the presumptive taxation scheme of Section 44AD, individual cash deposits can...

February 19, 2026 8334 Views 0 comment Print

Section 69A Addition on Demonetisation Deposits Deleted in 44AD Presumptive Case: ITAT Delhi

Income Tax : ITAT held that cash deposits during demonetization were explained as business sales declared under Section 44AD. Without disprovin...

February 17, 2026 1581 Views 0 comment Print

ITAT Chandigarh Accepted Presumptive Income Despite Demonetization Cash Deposits

Income Tax : The Tribunal held that cash deposits could not be fully treated as undisclosed when income was declared under section 44AD. The ke...

February 2, 2026 339 Views 0 comment Print


ITAT Mumbai Upholds 8% Presumptive Income on Demonetisation Cash Deposits

January 19, 2026 435 Views 0 comment Print

The dispute involved taxability of large cash deposits made during demonetisation. The appellate authority granted relief for deposits in regular notes while sustaining the balance as unexplained income. The Tribunal upheld this approach, finding it consistent with law and facts.

Managed IT Services and Presumptive Tax: Avoiding 44ADA Misclassification

December 28, 2025 1116 Views 0 comment Print

Explains when IT services qualify for 44AD or 44ADA, highlighting classification risk and compliance requirements under the “cash ≤ 5%” rule.

Section 44AD Case Can’t Become Blanket Cash Addition; ITAT Surat Sets Aside ₹5.09 Cr Assessment

December 19, 2025 825 Views 0 comment Print

The ITAT held that additions based on incorrect and unreconciled bank data cannot be sustained. The assessment was remanded for fresh verification of actual cash deposits and credits.

8% Presumptive Profit Upheld Where No Books Maintained: ITAT Chennai Backs CIT(A)’s Estimation

December 15, 2025 441 Views 0 comment Print

ITAT Chennai confirmed that 8% profit estimation for a civil contractor was reasonable, rejecting the assessee’s 6% claim and AO’s 10% estimate, emphasizing consistency with subsequent years’ presumptive returns.

Assessment Set Aside as AO Incorrectly Applied Section 44AD to Transport Income

December 12, 2025 936 Views 0 comment Print

The Tribunal held that Section 44AD could not be applied to a goods carriage business excluded under Section 44AE and restored the matter for fresh examination. The AO must verify conditions under Section 44AE and recompute income accordingly.

Section 44AF Overrides Section 139(9); Defective Return Notice Unjustified: Telangana HC

December 8, 2025 774 Views 0 comment Print

The Court held that Section 44AF, as a special provision, overrides the requirements of Section 139(9). It ruled that treating the return as defective was unjustified and directed issuance of the refund.

Audit Rules Under Presumptive Taxation Scheme: IT Act 1961 vs IT Act 2025

December 1, 2025 2016 Views 0 comment Print

The 2025 Act introduces compulsory tax audit for businesses declaring profits below 6% or 8% of turnover. The shift eliminates the earlier opt-out condition, expanding audit applicability from 2026-27.

Cash credits recorded in book attract Section 68 even under presumptive taxation

November 9, 2025 696 Views 0 comment Print

Delhi ITAT held that cash credits recorded in a cash book attract Section 68 even under presumptive taxation. The Tribunal sustained ₹78 lakh addition but deleted profit addition.

ITAT Orders 8% Presumptive Income for Unsubstantiated Transport Claims

November 8, 2025 471 Views 0 comment Print

The Tribunal directed estimation of income at 8% under Section 44AD after disallowing expenses due to lack of evidence in Friends Transport Carrier vs ITO.

Legitimate Tax Planning Not Evasion: ITAT Affirms Presumptive Tax on Truck Business

November 6, 2025 630 Views 0 comment Print

The Tribunal held that income declared under Sections 44AE and 44AD by a transport HUF owning 10 trucks was valid. Additions for alleged profit diversion were deleted as the AO’s suspicion of tax evasion lacked evidence.

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