Section 44ADA of Income tax Act
Summary of Section 44ADA of Income tax Act
Section 44ADA of Income tax Act
44ADA. (1) Notwithstanding anything contained in sections 28 to 43C, in the case of an assessee, being a resident in India, who is engaged in a profession referred to in sub-section (1) of section 44AA and whose total gross receipts do not exceed fifty lakh rupees in a previous year, a sum equal to fifty per cent of the total gross receipts of the assessee in the previous year on account of such profession or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the assessee, shall be deemed to be the profits and gains of such profession chargeable to tax under the head “Profits and gains of business or profession”.
(2) Any deduction allowable under the provisions of sections 30 to 38 shall, for the purposes of sub-section (1), be deemed to have been already given full effect to and no further deduction under those sections shall be allowed.
(3) The written down value of any asset used for the purposes of profession shall be deemed to have been calculated as if the assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years.
(4) Notwithstanding anything contained in the foregoing provisions of this section, an assessee who claims that his profits and gains from the profession 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 (1) of section 44AA and get them audited and furnish a report of such audit as required under section 44AB .]
Note on Section 44ADA of Income Tax Act
Commentary on Section 44ADA of Income Tax Act
- The pre-requisites of section 44ADA are:
|♦||The provision applies to any resident assessee carrying on Profession|
|♦||The assessee is engaged in specified Profession|
|♦||Receipts of the assessee in the previous year do not exceed Rs. 50 lakhs .|
If these pre-requisites are satisfied, the profits and gains from Profession that will be chargeable to tax will be adopted on a deemed basis as the higher of the following sum:
|♦||A sum equal to 50 per cent of Receipts from Profession during the previous year, or|
|♦||A higher amount claimed to have been earned by the assessee as profits and gains from Profession.|
- A non-resident assessee cannot opt for the scheme.
- ProfesssionProfession, for the purpose, is the one described under section 44AA(1) of the Act. They are:
(i) Legal (ii) Medical (iii) Engineering (iv) Architectural (v) Accountancy (vi) Technical consultancy (vii) Interior decoration (viii) Notified profession
The notified Profession are:
(a) The Profession of authorized representative; and the profession of film artist (actor, cameraman, director, music director, art director, dance director, editor, singer, lyricist, story writer, screen play writer, dialogue writer and dress designer) [Notification No. SO 18(E), dated 12-1-1977] (b) Profession of Company Secretary [Notification No. SO 2675, dated 25-9-1992] (c) Profession of Information Technology [Notification No. SO 385(E), dated 4-5-2001.]
Thus, any of the above profession is eligible for the scheme. The only condition is that Receipts of such Profession should not exceed Rs. 50 lakhs.
- Whether any professional activity can be regarded professionThe scheme of section 44ADA applies only to specified profession and not all professions or professional activities. Thus, it would apply only to the professions covered by section 44AA(1)
- Mandatory nature of provision of section 44ADA of Income Tax Act The new provisions are mandatory in nature, subject to the options provided .
- More than one activityAn assessee may carry on more than one activity, say, Profession; trading in some related goods; and some other professional services. Suppose, an individual is carrying on a professional activity being Profession (referred in section 44AA) having turnover of Rs. 30 lakhs as well as he is carrying on other professional activity not being Profession and a small business having turnover of Rs. 70 lakhs. section 44ADA restricts itself to Profession; in other words, they are mutually exclusive. Hence, in the above case, the individual can opt for the scheme under the section 44ADA in respect of Profession and the scheme under section 44AD in respect of small business.
- How to Compute Receipts u/s 44ADA of Income tax Act :– For computation purpose, it is necessary to determine Receipts in the concerned previous year. As Receipts need to be considered, the method of accounting applicable would be cash (and cannot be mercantile/accrual).It may be argued that even if an assessee follows accrual method for the purpose of the scheme, to compute Receipts cash method can be or rather ought to be followed.
- Examples of receipts forming/not forming part of total gross receipts
- Advance or deposits received should not form part of Receipts.
- Consideration received on sale of fixed assets employed in Profession should not form part of turnover or receipts.
- Any security or other deposit obtained from employees should not form part of Receipts.
- Service tax or any other levy (to be charged, collected and paid to the Government), as such, should not form part of Receipts.
- Reimbursement of expenditure (incurred by a person rendering services and reimbursed by a person for whom the expenditure is incurred) should also not form part of Receipts
- Receipts arising on account of sale of unusables, empties and packages may constitute part of Receipts.
- Interest (on surplus funds) and other receipts of similar nature cannot form part of Receipts.
- Incentive received from the suppliers should actually go to reduce the cost of purchase and should not form part of Receipts. Similarly, cash or other discount received on purchase should not form part of Receipts.
- Value of work-in-progress should not form part of Receipts.
- Service charges charged for delivery may form part of Receipts, having regard to terms of contract.
- When to exercise option under Section 44ADA of income tax ActA choice of option under the new provision can be availed each year. The provisions nowhere lays down that once an option is exercised under the new provision, it has to be applied for all time to come.
- Exemption from maintenance of books of account, etc. [Sub-section (4) of section 44ADA]If an assessee engaged in Profession chooses to declare in his return of income the specified profit or a higher amount, the provisions relating to maintenance of books of account (section 44AA) and audit (section 44AB) would not apply to him.
- When Accounts compulsory irrespective of turnoverUnder sub-section (4) of section 44ADA, those assessees who claim that profit from Profession is less than the deemed profit of 50 per cent of Receipts must maintain accounts, irrespective of the quantum of income or Receipts from Profession. Thus, the monetary minimum limit of income and of sales/turnover specified in section 44AA, will not apply to such assessee, insofar as Profession is concerned. Under different situations, position could be as follows (in relation to maintenance of books and/or audit thereof)
- When audit compulsory irrespective of turnoverWhen the assessees, declares lower profit, he must get the accounts audited by a chartered accountant, irrespective of the quantum of turnover from Profession. This means that the monetary turnover minimum limit of Rs. 50 lakhs specified in clause (a) of section 44AB will not apply to such assessee, insofar as section 44ADA cases are concerned.
- Other provisions of the Act to apply
The new provision of Section 44ADA deals only with computation of profits chargeable under the head ‘Business or profession’.
For computing total income liable to tax, the other provisions of the Act would apply. Thus, an assessee would be able to set off the brought forward losses or unabsorbed losses; set off of losses under other heads; and also claim deductions or rebate under Chapter VI-A.
- Advance taxThere is no exemption from payment of advance tax. An assessee would be liable to pay advance tax thereon, in terms of the provisions of Chapter XVII-C of the Act.
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