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44 ad in case of manufacturer

Aditya Sharma (finance advisory) (377 Points)

20 February 2016

HELLO,

One of my friend in manufacturing Shirts in his own brand name through job workers acoording to is specification.

after manufacturing he is selling the shirts in bulk quantities on WHOLESALE basis in Rajasthan.(T/O is less than 1 crore)

Can he file the return u/s 44AD???

Please reply.

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3 Replies

CA GOKUL RAJ R (Chartered Accountant) (151 Points)
Replied 20 February 2016

Dear Sir,

The presumptive taxation scheme under these provisions can be opted for by the eligible assessee who is engaged in any business (except the business of plying, hiring or leasing goods carriages referred to in section 44AE), whose turnover or gross receipts from such business do not exceed the limit of audit prescribed under section 44AB (i.e., Rs. 60,00,000 for the previous year 2011-12 and Rs. 1,00,00,000 from the previous year 2012-13). Further, these provisions can be adopted by the assessee only if he has not claimed deduction under section 10A/10AA/10B/10BA or under sections 80HH to 80RRB in the relevant year. Moreover, the provisions of section 44AD cannot be adopted by an assessee who is engaged in any profession as prescribed under section 44AA or is carrying on an agency business or is earning income in the nature of commission or brokerage. The important criteria in the scheme is the turnover or gross receipts from the eligible business. To opt for the scheme, the turnover should not exceed Rs. 1,00,00,000.

The provisions of section 44AD are applicable to such resident assessee who is an Individual, Hindu Undivided Family and Partnership Firm but not Limited Liability Partnership Firm.

If the resident assesses is an individual, HUF and partnership firm but not llp, well can declare presumptive income even in case of manufacture.

Thanks

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