03 February 2022
I have a query regarding Section 44AD. Can we have more than one business for a single assessee, under the presumptive taxation u/s 44AD, where the turnover under each business is below Rs 2 Crores. For Example, Mr X has two businesses, one is trading of goods and another is consulting (not falling under the definition of professional). Trading business has turnover of Rs 1.90 crores and consulting business has turnover of Rs 1.75 Crores. Can he treat each business independently for the purpose of section 44AD and declare the taxable income as 8% or 6% under each business, although the combined turnover is more than Rs 2 Crores. The relevant section reads as under: 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" Whereas, they have defined the key terms of eligible assessee and eligible business as follows:
"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 [two crore rupees]
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