Net profit % is less than 8 % is tax audit compulsory

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Dear All,

Client is having turnover of Rs. 20 Lakhs for FY 13-14, Net Profit is 5 % i.e Rs. 100000/- and Salary income Rs.5 Lakhs, Housing loan Interest Loss is Rs. (150000), Interst income of Rs. 5000/- Gross Total Income is Rs. 400000/- Is audit compulsory ? Does it invite compulsory scrutiny ?

Please Reply

CA Rajesh Poddar

 

 

Replies (12)

But Sir, specified profession or Business? 

 

Section 44AD States that two conditions must be met:
1. The net profit of the specified business is lower than 8% of the specified person.
2. The total income must exceed the total income not chargeable to tax.

In your case the second criteria is met. kindly confirm whether the person and business is within the meaning of specified business and person as per act. if yes then yes it's applicable.

If the business is such that it falls u/s 44ad then declaring profit less than 8% invites tax audit. 

Business of tours and travel

 

Dear Sir,
The business you've informed is part of specified business. so 44ad is applicable

My startup having 20lakh turnover and my profit comes around 4% as income , then as per you NO AUDIT u/s44AD, but my CA saying below 8% i must have to get my accounts audited??

Dear Mr. Ajay,
please read my above comments. less than 8% then tax audit applicable

So far by reading of bate act wide sec.44AD , I found that the expression AND is used in both conditions of tax audit, that's why a question in my mind if it was either or case why AND used rather 8% OR total income greater than non taxable limit must have been used.

I hope you getting my point.pls refer bare act.

 

an eligible assessee who claims that his profits and gains from the eligible business

are lower than 8% and

whose total income exceeds the maximum amount which is not chargeable to income-tax,

shall be required

to keep and maintain such books of account and other documents as required under sub-section (2) of section 44AA 

and

get them audited and furnish a report of such audit as required under section 44AB.

 

Above is extract from bare act, 

& it's clear if profit <8%, audit is required, unless total income is below exemption slab

is audit required when we maintain books of account but firm profit less then 8% and our turnover less then 1cr.(firm is Tour and travel)

 

Hello Everyone,
A proprietor Business (labour Contractor) , having actually loss as per books, can he declare 6-8% profit u/s 44AD (all transactions are in Bank for Receipts & Payments ) and file the returns without getting book audited.
Waiting for Your Valuable Suggestions
Thanking you

 

If u r profit is less than 8 % and the income exceeds the maximum amount which is not chargeable to tax then one needs to get his accounts audited.


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