Interesting Queries on sec. 44AD

This query is : Resolved

PINKESH JAIN (Querist)
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27 February 2011 Hi Freinds,

One of my client has 39L Sales and interest income in AY 10-11.
His Total Taxable income (including interest of 3.5 L) was 370000 after expenses as business income.

I want to ask that wat would be the implication of amendment in section 44AD.

Whether the income would be
a) 39L * 8% plus 350000 interest.
or

b) (39L plus 3.5L) *8%

Its very urgent as i will have to plan his taxation for current Year.

CA KRISHNA KUMAR DARUKA

CA KRISHNA KUMAR DARUKA (Expert)
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28 February 2011 If the interest income is chargeable under the head "Income from other sources" than his turnover will be 39L and 8% will be calculated on 39L and Income from other sources will be 3.5L.

But if interest income is also a part of business income hen his gross receipts will be 39L + 3.5L and 8% will be calculated on 42.5L.

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PINKESH JAIN

PINKESH JAIN (Querist)
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28 February 2011 Thanks a lot for the reply sir,

But sir is it correct to consider the interest as a part of turnover??

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PINKESH JAIN

PINKESH JAIN (Querist)
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02 March 2011 Pls reply... its urgent!!!!!!!

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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01 August 2024 Under Section 44AD of the Income-tax Act, which pertains to the presumptive taxation scheme for small businesses, the concept of "turnover" is crucial. Here’s how interest income is treated in the context of Section 44AD:

### **Turnover Under Section 44AD**

- **Definition of Turnover:** For the purpose of Section 44AD, "turnover" typically includes the gross receipts or sales of a business. It encompasses all amounts received or receivable from the sale of goods or services in the course of business.

### **Interest Income and Turnover**

- **Interest Income Excluded:** Generally, interest income earned from investments, loans, or deposits is not considered part of the turnover for a business under Section 44AD. The turnover for the purposes of this section is limited to the income derived from the actual business operations, such as sales and service receipts.

- **Exceptions:** There are some specific scenarios where interest income may be considered part of the turnover, such as:
- **Interest on Receivables:** If a business earns interest on receivables or from loans provided in the course of its business, this interest might be included in the turnover. For example, if a trading business earns interest from delayed payments or advances given to suppliers, this interest could be part of the turnover.

- **Financial Services Providers:** Businesses primarily engaged in financial activities (like money lending, trading in financial instruments, etc.) might include interest income as part of their turnover.

### **Implications for Section 44AD**

1. **For Small Traders/Manufacturers:** If a business is engaged in trading or manufacturing and follows the presumptive taxation scheme under Section 44AD, the turnover usually includes only the receipts from business activities, not interest income.

2. **For Service Providers:** Similarly, service providers who are using Section 44AD should exclude interest income from the turnover unless it is directly related to the service they provide.

### **Reporting and Compliance**

- **In the ITR:** Ensure that interest income is reported separately under the appropriate head of income, such as "Income from Other Sources," rather than including it in the turnover for Section 44AD purposes.

- **Audit and Documentation:** Maintain clear documentation to support the classification of interest income and turnover in case of audits or scrutiny by the tax authorities.

### **Summary**

- **Interest as Part of Turnover:** Interest income is generally not considered part of the turnover under Section 44AD unless it is specifically related to the business operations.
- **Proper Classification:** Ensure correct reporting of interest income under "Income from Other Sources" and not as part of the turnover for presumptive taxation purposes.

If you have specific scenarios or cases where this classification might differ, consulting a tax advisor or professional can provide tailored guidance.