Section 44 AD

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Hi,

      My question is that if the Firm has a annual turnover of 25 Lakh showing annual Profit of150000 (6%). 

As per the Provisions of Section 44 AD (5)

(5) Notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee who claims that his profits and gains from the eligible business are lower than the profits and gains specified in sub-section (1) 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) ofsection 44AA and get them audited and furnish a report of such audit as required under section 44AB.

In our Case our Income is Below the Maximum amount Not Chargeable to Tax. 

So Whether the firm is required to gets his account audited.?

& My Second Question is ,

If the Audit is applicable ,whether in the following year TDS liability is Applicable or not.?

 

Thanks

Vishal 

Replies (12)

yes audit is applicable as profit is below 8%

Thanks Dear,

What will Happen if my sale is 19 lakh.?

Thanks

As My income is 150000 which is Less than maximum amount no chargeable to Tax. Whether Audit is Compulsory.

& if Yes than what will happen if my Sale is 20 lakh & my profit is 160000 (8%).

 

Thanks 

Vishal

vishal your understanding is correct. you are not liable for audit in both cases. but in first case your gross total income from all sources should not be above 160000

Thank Mayur Sir,

                                 That means if my sale is 19 lakh with profit of RS 133000(7%). than we are not required to gets his account audited.

& please show some light on the applicability on TDS Provision if My sale is below 60 Laks.

whether TDS is applicable on next year..

Thanks

Vishal

Sir i Think In the First Case i am not correct which is as below because my profit is 6%.

 My question is that if the Firm has a annual turnover of 25 Lakh showing annual Profit of Rs 150000 (6%)

Correct me if i am Wrong

Thanks

if income is below 160000 then you are not liable for audit but you have to maintain books of accounts as per 44AA. whether your turnover is 25L or 19 L .

I think Sec. 44AD not talks about TDS.

 

TDS provisions always be applicable.

Thanks Mayur Sir,

                                Sir I think if Sec 44 AD attracts then TDS provisions not applicable because of the Following paragraph in TDS sections..

Provided further that an individual or a Hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which such commission or brokerage is credited or paid, shall be liable to deduct income-tax under this section:]

Siir It is Clearly written that if the limit of Sec 44 AB( i.e 60 Lakh) exceeds then TDS provision is Applicable.

As in our Case our Sales is below 60 lakh, then how the TDS provisions is applicable.

 

Correct me if my View is Wrong

 

Thanks

Vishal

please read the original query " where the assessee is a FIRM" here no exemption is available, so all such provisions does not apply on assessee, 

you have to get audited below 8% and there is tax from zero, TDS provision start from zero in case of firm.

Hi Vishal,

The said firm is subject to maintenance of Books of Account as required u/s 44AA and get them audited as required u/s 44AB since the maximum exemption limit of Rs 160000 and whatever, is applicable for individuals and not for firms. Firms fall under the tax net of 30% how much ever its income may be.

Sorry to all..

Firm here means Prop Firm.ie Indiviual

 

yes audit is applicable as profit is below 8%



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