Assessee u/s 44AE

This query is : Resolved

mayank (Querist)
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30 July 2009 i want to enquire that term assessee mention u/s 44AE does include
1. HUF
2. Firm

or only individual assessee

Maninder Jain

Maninder Jain (Expert)
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31 July 2009 Assessee includes Individual, firm, AOP, HUF

mayank

mayank (Querist)
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31 July 2009 i want to ask assessee in terms mention u/s 44AE

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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14 July 2024 Under Section 44AE of the Income Tax Act, 1961, the term "assessee" refers to an individual who is engaged in the business of plying, hiring, or leasing goods carriages. It does not explicitly include Hindu Undivided Families (HUFs) or firms.

Here’s the breakdown:

1. **Individuals:** Section 44AE primarily applies to individuals who are engaged in the business of plying, hiring, or leasing goods carriages. It provides for a presumptive taxation scheme where income is computed based on a deemed income per vehicle per month.

2. **Hindu Undivided Families (HUFs):** Typically, HUFs are treated as separate entities for taxation purposes, but specific provisions like Section 44AE are generally applicable to individuals and not to HUFs.

3. **Firms:** Similarly, firms (partnership firms) are distinct legal entities from individuals under the Income Tax Act. Section 44AE does not extend its applicability to firms.

Therefore, under Section 44AE, the term "assessee" specifically refers to individual taxpayers engaged in the specified business activity related to goods carriages. HUFs and firms would not be eligible for the presumptive taxation scheme provided under this section. If an HUF or a firm is engaged in the business of plying, hiring, or leasing goods carriages, they would need to assess their income under regular provisions applicable to them, which may involve maintaining books of accounts and filing tax returns accordingly.

For precise guidance tailored to your specific situation, consulting with a tax advisor or chartered accountant would be advisable. They can provide clarity based on the latest provisions of the Income Tax Act and any relevant updates or interpretations.