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Tax audit - applicable?

CA Romil Shah (CA ) (669 Points)

27 August 2019

My client residential status for F.Y 2018-19 is NRI.

In previous year, he was filing tax return u/s 44AD and was resident.

In current year, his turnover is 33 lakh and profit around is around 3 lakh.

Is Tax Audit applicable for current year?

I think no tax audit is applicable for F.Y 2018-19, since 44AD(5) is applicable to "Eligible Assesse" and NRI is not Eligible Assesse as per 44 AD. Please confirm.

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4 Replies

Priya J (Tax Consultant) (60 Points)
Replied 27 August 2019

1. Yes, It is true that Non Resident Indian as per IT Act is not an eligible assessee as per Sec 44AD.

So, He cannot calculate his income on presumptive basis.

However, A resident but not ordinarily resident individual is an eligible assessee. Kindly check his residential status as per Sec 6 of IT Act as he was resident in the preceding previous years.

2. Tax audit is not applicable for him as he is ineligible assessee under sec 44AD.

And he can show less than 8% net profit under books not maintained case. Tax Audit is not applicable.

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