Computation of income

This query is : Resolved

Rahul (Querist)
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28 July 2014 Dear Sirs, please guide me if i can compute my income in following manner. I do not wish to opt for audit u/s 44AD & still claim a loss from speculation business. Following is the situation.
I have 3 business.
1. Tutions( total cash reciept being 275000)
2. Share trading ( Turnover being 10.75lacs & loss being 15000)
3. Speculative business ( turnover being 3lacs & loss being 1.65 lacs)

In the above situation, can i offer tution income & share trading business clubbed toghtre u/s 44AD where total turnover/reciepts will be (15.5lacs) @8% resulting in income of 1,24,000 & claim loss from speculitve business without offering it u/s 44AD.
In the above situation, my total income shall still remain withing basic exemption limit & i would thus not be required to opt for audit & can still claim loss to c/f.

Is the above logic that ive used correct? If not, any alternative?

Rahul

Rahul (Querist)
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29 July 2014 Could anybody reply to above?

Rahul

Rahul (Querist)
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29 July 2014 Could anybody reply to above?

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Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
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20 July 2024 Based on the scenario you've described, let's break down the computation of income and clarify the approach:

### 1. Tuition Income and Share Trading (Section 44AD)

- **Tuition Income**: Total receipts are ₹2,75,000.

- **Share Trading**: Turnover is ₹10,75,000 with a loss of ₹15,000.

Under Section 44AD, you can opt to offer your tuition income and share trading business together if:

- The total turnover or gross receipts from these businesses do not exceed ₹2 crores in the financial year.
- You declare income at the rate of 8% of the total turnover or gross receipts, and it is deemed as your income from these businesses.

Calculating under Section 44AD:
- Total turnover/receipts: ₹2,75,000 (Tuition) + ₹10.75L (Share trading) = ₹13.50L
- Income deemed at 8% of turnover: ₹13.50L * 8% = ₹1.08L

### 2. Speculative Business Loss

- **Speculative Business**: Turnover is ₹3L with a loss of ₹1,65,000.

For speculative business, losses can be set off against income from other speculative businesses only. You cannot set off speculative business losses against income under Section 44AD.

### Total Income Computation

- Income under Section 44AD: ₹1,08,000 (from tuition and share trading).
- Loss from speculative business: ₹1,65,000.

Net income for the year: ₹1,08,000 (income under Section 44AD) - ₹1,65,000 (loss from speculative business) = ₹(-57,000).

### Clarification

- **Basic Exemption Limit**: If your net income is negative (as in this case), you can still carry forward the speculative business loss to future years. However, you should ensure compliance with the requirement to maintain books of account and other relevant provisions even if audit under Section 44AD is not required.

- **Alternative Approach**: Since you have losses in the speculative business, they can only be set off against income from speculative business in future years. You cannot set off speculative business losses against income under Section 44AD. Therefore, the approach you've outlined is generally correct regarding Section 44AD for tuition and share trading income, but losses from speculative business cannot be set off against Section 44AD income.

### Conclusion

Ensure you comply with the provisions of the Income Tax Act regarding maintenance of books of account and filing of returns. While you do not opt for audit under Section 44AD, the speculative business losses should be carried forward and adjusted against future speculative business income only. If you have any doubts or require further clarity, consulting a tax advisor or chartered accountant would be advisable.