Rebate u/s 87A with 44AD

Page no : 4

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182831 Points)
Replied 30 October 2017

" If the turn over is rs. 50 lakhs and we show the profit Rs. 400000 and above.... Then after we can book  remuneration and Interest...?"

No remuneration or interest deductible provided the profit shown u/s. 44AD.........

(& once capital of firm after tax ..... is divided as per shares, no taxability in the hands of partners)

But if income declared u/s. 44AA/44AB....... partner's remuneration & interest deductible u/s 40(b)........ and no tax audit liability provided profits declared be 6/8% or more after all such  deductions.....

1 Like

RAJA P M ("Do the Right Thing...!!!")   (128096 Points)
Replied 13 November 2017

Dear Mr Dhirajlal Rambhia Sir.,

After due date of Tax Audit we ll pay penalty @ 0.5% of the T/O....
What is the above due date for after complete of the Tax Audit due date...?
Any time limit or Other charges...?
1 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182831 Points)
Replied 13 November 2017

 
 

After due date of Tax Audit we ll pay penalty @ 0.5% of the T/O....

Ans:  Yes, but the penalty u/s. 271B is charged by ITO, not been paid at the time of filing.

If assessee has a valid reason for not filing the tax audit report than fine or penalty will not be charged.

What is the above due date for after complete of the Tax Audit due date...?

For AY 2017-18....... it will be counted from 7th November, 2017.

It is counted upto the date of  filing return along with audit report, even though audit report might be completed much earlier.

Any time limit or Other charges...?

No time limit but within the specified time limit as per section 139(4).

No other charges but late filing penalty of 0.5% of T.O. upto maximum limit of  Rs.1.50 lakhs.

Refer: section-44ab-tax-audit-report-and-penalty-for-late-filing

 
2 Like

RAJA P M ("Do the Right Thing...!!!")   (128096 Points)
Replied 22 November 2017

Dear Sir.,

As our discussion and your valuable reply.... If i move the account asfollowing....

>>> T/O Rs. 1.62crs U/s 44AD - If shown in Profit  - then Show it 8% = 12.95 LAKHS (12.95lakhs X 30% = 389000 + 11650 =          400,500      + 40000 (Int : 234) = 4,40,500...

>>> T/O Rs. 1.62crs U/s 44AD - If shown in Loss - then no need any payments except late fee if imposed by AO

>>> T/O Rs. 1.62crs U/s 44AB - If shown in Loss - then ll be pay the late filing fee 0.5% or 1.5 lakhs*


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182831 Points)
Replied 22 November 2017

Exactly...........

Option 1 Safest in practice

Option 2 Most likely to get Scrutiny notice because of cash transactions. (Also some expert differ and opined for compulsory tax audit)

Option 3 : OK, but to be submitted with tax audit report

Good Luck

1 Like


RAJA P M ("Do the Right Thing...!!!")   (128096 Points)
Replied 22 November 2017

Thank you for the Reply Sir...
Also Sorry for the inconvenience/disturbamce and misunderstanding.....

If scrutiny is (2) then how can ready for scrutiny and required documents...??! 😇😇😇
4 Like

RAJA P M ("Do the Right Thing...!!!")   (128096 Points)
Replied 23 November 2017

Good Morning My Dear Mr Dhirajlal Rambhia Sir...
Have A Nice Day....
3 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182831 Points)
Replied 23 November 2017

Good Morning Dear........

Well .... Here the process differs from case to case.........

In general only cash receipts, bank statements and sales register are required for justification of the Turnover, but because of loss declaration....during the process if any advances/deposits/loans or withdrawals by partners are found then these requires justification with verifications/confirmations. (This is specifically because your query started with some discriminatory transactions of partners) 

2 Like

RAJA P M ("Do the Right Thing...!!!")   (128096 Points)
Replied 23 November 2017

Yes Sir...
You are exactly. The transactions are not like that and also I reported to the partners...

Even the case is not suitable for Tax Audit...! 👎👎👎
4 Like

S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 23 November 2017

Dear Mr. Dhirajlal Rambhia Sir.,

 

Thank you for your support for every clarifications and Your advices....smiley

As per our discusions 'U/s 44AD no availability of Remuneration and Interest to Partners"...

Please give the followings for your solutions...

1. If pay 8% or more and the partners can avail the profit amount as per sharing as salary...?

2. At the time of running business the partners withdraw the amounts in "Current Account - (Capital)". It's treat as salary...?

3. Also we discuss the tax paid profit amounts in excempt to partners hand. Then How to file his ITR...

Thanks & Regards

S ELAVARASI

2 Like


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182831 Points)
Replied 23 November 2017

1. The shares of the tax paid capital can be shared as per mutually agreed term of the partnership. Working partner may withdraw appropriately more share.

2. No. The same is treated as capital withdrawal.

3. In ITR 3 there is  Schedule-IF: Information regarding partnership firms in which assessee is a partner.............. which is to be filled as ........

""Schedule-IF,-
(i) This Schedule has to be filled for each firm in which you are partner.
(ii) In case you are partner in more than 5 firms, a separate sheet may be enclosed giving the details in same format.
(iii) In column 1 of the Schedule, furnish the name of the firm and in column 2 furnish the PAN No. of the firm in which the assessee is a partner. In column 3 and 4, the percentage share and amount of share in the profit of the firm as computed in accordance with the provisions of the Income-tax Act. Such share is exempt from tax in hands of the partner.
(iv) In column 5, please furnish the amount of capital balance (including the capital on which you are entitled for an interest) in the firm in which you are partner."""

2 Like

RAJA P M ("Do the Right Thing...!!!")   (128096 Points)
Replied 02 December 2017

Good Morning My Dear Mr Dhirajlal Rambhia Sir...

Please give your solutions for my doubts about partnership...

1. If I ll show the profit above 8percentage and file regular return as per sec 44AA and without audit...??

and another big question...
2. If we file u/s 44ad we can't claim depreciation. Am I right...?
If yes, what condition for the "FIXED ASSETS"? The WDV values are standing the value in every year or....?
1 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182831 Points)
Replied 02 December 2017

1. Yes, provided Turnover below 1 Cr.

2. YES.

The depreciation on assets is deemed to have been adjusted in the declared profits under presumptive scheme. Thus the value of the assets would be as per WDV.


RAJA P M ("Do the Right Thing...!!!")   (128096 Points)
Replied 02 December 2017

If WDV is 100000, then it's continued 100000 without changing...?
1 Like


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182831 Points)
Replied 02 December 2017

It will get reduced by the depreciation rate as applicable over the asset. (every year)

The written-down value (abbreviated as WDV) is the depreciated value of an asset (movable or immovable) for purposes of taxation.

 



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