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Loss return

30 May 2018

A partnership firm NOT opting 44AD and regularly maintaining books of account. If it is having loss, does 44ad audit require?

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CA Sunil Kumar (Chartered Accountant) (4519 Points)
Replied 30 May 2018

‘No’ because if we read section 44AD carefully, the audit is required where profits are less than 8% of the gross receipts or turnover and the income exceeds maximum amount not chargeable to tax.
Since, the firm is taxed at an income starting from Rs. one, therefore the maximum amount not chargeable to tax is nil.

In case of loss, since there is no income, therefore it does not exceed the maximum amount not chargeable to tax and so the second condition mandating tax audit u/s 44AB r/w section 44AD is not satisfied and therefore the assessee is not required to get the accounts audited u/s 44AB.

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