Sec 40b and sec 44ad

This query is : Resolved 

09 August 2012 A partnership firm having turnover of Rs40 lacs and book profit of 1.5 lacs. However i want to show profit u/s 44AD @ 8% i.e. Rs3.2 lacs. In this on what amount will remuneration to partners u/s 40b will be calculated?
Note: Partnership deed provides for remuneration to be calculated as per provision of sec 40b

09 August 2012 The partners remuneration is deductible from the profits subject to the limits u/s 40b.
The deductibility will be as per 40b only i.e. on book profits.


10 August 2012 if profits are shown u/s 44AD, there is no requirement for maintenance of books of accounts. Hence no books and even P&L a/c is prepared. What will be book profit in this case?


11 August 2012 Income u/s. 44AD will be 320000/- @8% of 40lacs. Out of this interest and remuneration as authorised by partnership deed will be allowed u/s. 40(b)and balance if any will be liable for tax in hand of firm.

15 August 2012 Agreed with Mr. Prakash

15 August 2012 How will the book profit be calculated? Note: No books of accounts are maintained

16 August 2012 dear sanketji,

Section 44AD is a deeming section,
In other words when you opt to calculate profit under this section your profit will be deemed at fixed @ 8 % on sales whether you have maitained books or not.

You have make up your mind that book profit can be calculated only books are maitained but under section 44AD THIS IS NOT SO.


16 August 2012 You will have to keep the details of turnover which will be the basis for sec 44AD and will be usefull in future.


16 August 2012 You will have to keep the details of turnover which will be the basis for sec 44AD and will be usefull in future.



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