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Key issues-tax audit u/s 44ab

Page no : 2

Rahul Bansal (Finalist) (35929 Points)
Replied 02 August 2011

awesome post..................bookmarked.........


CA Priya (CS Final) (1049 Points)
Replied 04 August 2011

buddy........ Excellent..... But a request....... Please post it in some word excel or pdf format so that we can dowlioad and keep.... 


Deepak Gupta (CA Student) (15922 Points)
Replied 04 August 2011

Originally posted by : Priya

buddy........ Excellent..... But a request....... Please post it in some word excel or pdf format so that we can dowlioad and keep.... 

File Attached


Attached File : 555789 792183 key issues tax audit 44ab.pdf downloaded: 289 times

sumit jain (.) (844 Points)
Replied 14 August 2011

thanks.. very useful


Prateek Jotwani (student) (201 Points)
Replied 20 September 2011

superb!!!!!!!



CA. ANiRuDDhA RAthi (CA) (554 Points)
Replied 22 February 2012

Really very nice !!!


Hemant Sahoo (Chartered Accountant) (47 Points)
Replied 25 May 2012

THANKS FOR THE POST ... VERY USEFUL


NIRANJAN KUMAR (ACCOUNTANT) (21 Points)
Replied 29 October 2012

Thanks 


kawalpreet singh (proprietor) (26 Points)
Replied 22 November 2012

Thanks sir, great work. Plz help me with my client's case- assesse(partnership firm) is real estate agent. His total commissions during f.y. is rs 900000. Salary paid to each partner(2) is rs 10000 p.m. now how to claim benefit of sec 44 AD. Thanks

kavita kadam (ARTICLE) (39 Points)
Replied 29 November 2012

Please anyone tell me that the amount of  purchase of Fixed Asset is also consider in the Definition of Turnover for Section 44AB of Income TAx Act.

If the Client having the Bussiness of Builder and Developer.

waiting for reply.

 

 

 



Harish (CA Student) (568 Points)
Replied 05 December 2012

Thanks for your efforts. It could be helpful in understanding Tax audit concept.


Dinakar C Korishettar (TRP) (42 Points)
Replied 19 July 2013

Thank you sir. It is very much useful.

But

I am not clear about the clause inserted in Section 44 AB(d).

44AB. Every person,—

[(d)  carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AD and he has claimed such income to be lower than the profits and gains so deemed to be the profits and gains of his business and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year,]

get his accounts of such previous year 67[***] audited by an accountant before the specified date

 

After reading this section some doubts will arise…

  1. ‘if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AD’ what’s it’s meaning?
  2. Whether every turnover bellow one crore is to be considered as said in section 44AD?
  3. ‘and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year’ what’s it’s meaning? Because ‘any previous year’ means whether n number of previous years or only one earlier previous year?
  4. Is there any category like General Assessee, 44AB Assessee, 44 AD Assessee and so on?

 

Kindly clear my doubts.

 

Thanks with regards

Dinakar C Korishettar

email: dinakarkc @ hotmail.com


Dinakar C Korishettar (TRP) (42 Points)
Replied 19 July 2013

I have posted the above post because...

Assessee Details…

  1. Status: Individual
  2. Previous year (F.Y. 2011-12) there is a business loss. Tax Audit done as the business Turnover was more than Rs 60 Lakhs.
  3. Other previous years income exceeded the maximum amount, which is not chargeable to income-tax and so tax audited.
  4. For the Financial Year 2012-13 (A.Y. 2013-14) net profit (Rs 1,12,478  {1.32%}) is bellow maximum exemption limit and there is an agricultural income of Rs 9,58,498. And business Turnover (Rs 85,03,769) is less than 1 Crore.
  5. He has been maintaining his books of accounts regularly.
  6. Can any Tax Consultant or TRP file his ITR4, if it is not a Tax Audit case?
  7. Which one is the last due date to file his return, if it is a Tax Audit case?

Please guide me whether his books of accounts have to be tax audited this year also or he can file his return without tax audit.

Thanks with regards,

Dinakar C Korishettar


CA.Yeshwant Mehta (President) (147 Points)
Replied 24 July 2013

Is this section applicable to foreign company having PAN card? Company from Singapore has signed a contract with Indian company to provide professional technical service for which they received big amount and TDS has been deducted by the Indian payee company. Fee received is more then 25 lacs. Valuable advise from the members will be appreciated.




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