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		<title>Income Tax on Presumptive Basis u/s 44AD, 44ADA and 44AE [ FA2018]</title>
		<link>https://www.taxheal.com/income-tax-on-presumptive-basis.html</link>
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		<dc:creator><![CDATA[CA Satbir Singh]]></dc:creator>
		<pubDate>Wed, 06 Jun 2018 03:01:16 +0000</pubDate>
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					<description><![CDATA[<p>TAX ON PRESUMPTIVE BASIS IN CASE OF CERTAIN ELIGIBLE BUSINESSES OR PROFESSIONS UNDER INCOME TAX [As amended by Finance Act, 2018] To give relief to small taxpayers from the tedious job of maintenance of books of account and from getting the accounts audited, the Income-tax Act has framed the presumptive taxation scheme under sections 44AD… <span class="read-more"><a href="https://www.taxheal.com/income-tax-on-presumptive-basis.html">Read More &#187;</a></span></p>
]]></description>
										<content:encoded><![CDATA[<h1 style="text-align: center;">TAX ON PRESUMPTIVE BASIS IN CASE OF CERTAIN ELIGIBLE<br />
BUSINESSES OR PROFESSIONS UNDER INCOME TAX</h1>
<p>[As amended by Finance Act, 2018]</p>
<p>To give relief to small taxpayers from the tedious job of maintenance of books of account and<br />
from getting the accounts audited, the Income-tax Act has framed the presumptive taxation<br />
scheme under sections 44AD of Income Tax Act, section 44ADA of Income Tax Act, and section 44AE of Income Tax Act,. In this part you can gain knowledge about various provisions of the presumptive taxation scheme of section 44AD, section 44ADA and section 44AE.</p>
<h2>Meaning of presumptive taxation scheme</h2>
<p>As per the Income-tax Act, a person engaged in business or profession is required to maintain<br />
regular books of account and further, he has to get his accounts audited. To give relief to small<br />
taxpayers from this tedious work, the Income-tax Act has framed the presumptive taxation<br />
scheme under sections 44AD, 44ADA and 44AE.<br />
A person adopting the presumptive taxation scheme can declare income at a prescribed rate and,<br />
in turn, is relieved from tedious job of maintenance of books of account and also from getting the<br />
accounts audited.</p>
<h2>Types of presumptive taxation scheme</h2>
<p>For small taxpayers the Income-tax Act has framed two presumptive taxation schemes as given<br />
below:</p>
<p style="padding-left: 30px;">1) The presumptive taxation scheme of section 44AD.<br />
2) The presumptive taxation scheme of section 44ADA.<br />
3) The presumptive taxation scheme of section 44AE.</p>
<h2>Presumptive Taxation Scheme of Section 44AD</h2>
<h3>Eligible Person u/s 44AD</h3>
<p><strong>For whom the presumptive taxation scheme of section 44AD is designed?</strong></p>
<p>The presumptive taxation scheme of section 44AD is designed to give relief to small taxpayers<br />
engaged in any business (except the business of plying, hiring or leasing of goods carriages<br />
referred to in section 44AE).<br />
The presumptive taxation scheme of section 44AD can be adopted by following persons :</p>
<p>1) Resident Individual<br />
2) Resident Hindu Undivided Family<br />
3) Resident Partnership Firm (not Limited Liability Partnership Firm)</p>
<p>In other words, the scheme cannot be adopted by a non-resident and by any person other than an<br />
individual, a HUF or a partnership firm (not Limited Liability Partnership Firm).</p>
<p>This scheme cannot be adopted by a person who has made any claim towards deductions under<br />
section 10A/10AA/10B/10BA or under sections 80HH to 80RRB in the relevant year</p>
<p>Refer <a href="https://taxheal.com/section-44ad-of-income-tax-act.html" target="_blank" rel="noopener">Section 44AD of Income Tax Act : Special provision for computing profits and gains of business on presumptive basis.</a></p>
<p><strong>Businesses not covered under the presumptive taxation scheme of section 44AD</strong></p>
<p>The scheme of section 44AD is designed to give relief to small taxpayers engaged in any<br />
business, except the following businesses:<br />
 Business of plying, hiring or leasing of goods carriages referred to in section 44AE.<br />
 A person who is carrying on any agency business.<br />
 A person who is earning income in the nature of commission or brokerage</p>
<p>Apart from above discussed businesses, a person carrying on profession as referred to in section<br />
44AA(1)is not eligible for presumptive taxation scheme.</p>
<p><strong>An insurance agent cannot adopt the presumptive taxation scheme of section 44AD</strong></p>
<p>A person who is earning income in the nature of commission or brokerage cannot adopt the<br />
presumptive taxation scheme of section 44AD. Insurance agents earn income by way of<br />
commission and, hence, they cannot adopt the presumptive taxation scheme of section 44AD.</p>
<p><strong>A person engaged in a profession as prescribed under section 44AA(1) cannot adopt the presumptive taxation scheme of section 44AD</strong></p>
<p>A person who is engaged in any profession as prescribed under section 44AA(1) cannot adopt<br />
the presumptive taxation scheme of section 44AD.</p>
<p><strong>A person whose total turnover or gross receipts for the year exceed Rs. 2,00,00,000 cannot adopt the presumptive taxation scheme of section 44AD</strong></p>
<p>The presumptive taxation scheme of section 44AD can be opted by the eligible persons, if the<br />
total turnover or gross receipts from the business do not exceed Rs. 2,00,00,000. In other words,<br />
if the total turnover or gross receipt of the business exceeds Rs. 2,00,00,000 then the scheme of<br />
section 44AD cannot be adopted.</p>
<p><strong>Manner of computation of taxable business income under the normal provisions of the </strong><strong>Income-tax Act, i.e., in case of a person not adopting the presumptive taxation scheme of </strong><strong>section 44AD</strong></p>
<p>Generally, as per the Income-tax Act, the taxable business income of every person is computed<br />
as follows:</p>
<p><a href="https://taxheal.com/wp-content/uploads/2018/06/44ad-presumtive-taxation.png"><img fetchpriority="high" decoding="async" class="aligncenter wp-image-62357 size-full" src="https://taxheal.com/wp-content/uploads/2018/06/44ad-presumtive-taxation.png" alt="" width="799" height="154" srcset="https://www.taxheal.com/wp-content/uploads/2018/06/44ad-presumtive-taxation.png 799w, https://www.taxheal.com/wp-content/uploads/2018/06/44ad-presumtive-taxation-300x58.png 300w, https://www.taxheal.com/wp-content/uploads/2018/06/44ad-presumtive-taxation-768x148.png 768w, https://www.taxheal.com/wp-content/uploads/2018/06/44ad-presumtive-taxation-660x127.png 660w" sizes="(max-width: 799px) 100vw, 799px" /></a></p>
<p><strong>Manner of computation of taxable business income under the normal provisions of the </strong><strong>Income-tax Act, i.e., in case of a person not adopting the presumptive taxation scheme of </strong><strong>section 44AD</strong></p>
<p>For the purpose of computing taxable business income in the above manner, the taxpayers have<br />
to maintain books of account of the business. Income will be computed on the basis of the<br />
information revealed in the books of account.</p>
<h3><strong>Computation of taxable business income u/s 44AD</strong></h3>
<p><strong>The manner of computation of taxable business income in case of a person adopting the </strong><strong>presumptive taxation scheme of section 44AD </strong></p>
<p>In case of a person adopting the provisions of section 44AD, income is computed on presumptive<br />
basis at the rate of 8% of the turnover or gross receipts of the eligible business for the year.</p>
<p>In order to promote digital transactions and to encourage small unorganized business to accept<br />
digital payments, section 44AD is amended with effect from the assessment year 2017-18 to<br />
provide that income shall be computed at the rate of 6% instead of 8% if turnover/gross receipt is<br />
received by an account payee cheque or an account payee bank draft or use of electronic clearing<br />
system through a bank account during the previous year or before the due date of filing of return<br />
under section 139(1).</p>
<p>Hence, in case of a person adopting the provisions of section 44AD, income will not be<br />
computed in normal manner as discussed earlier (i.e., Turnover less Expenses) but will be<br />
computed @ 6% or 8%, as the case may be, of the turnover or gross receipt.</p>
<p>However, a person may voluntarily disclose his business income at more than 8% or 6%, as the<br />
case may be, of turnover or gross receipt.</p>
<p><a href="https://taxheal.com/presumptive-taxation-can-not-be-applied-by-ao-if-there-is-loss-as-per-books-of-accounts.html" target="_blank" rel="noopener">Presumptive Taxation can not be applied by AO If there is Loss as per books of accounts</a></p>
<h3>Business expenses not allowed u/s 44AD</h3>
<p><strong>The presumptive income computed as per the prescribed rate is the final income and no </strong><strong>further expenses will be allowed or disallowed</strong></p>
<p>Under the normal provisions of the Income-tax Act, taxable business income will be computed<br />
after allowing deduction in respect of expenses which are deductible as per the Income-tax Act<br />
and after disallowing expenses which are not deductible as per the Income-tax Act.<br />
In case of a person who is opting for the presumptive taxation scheme of section 44AD, the<br />
provisions of allowance/disallowances as provided for under the Income-tax Act will not apply<br />
and income computed at the presumptive rate of 6% or 8% will be the final taxable income of the<br />
business covered under the presumptive taxation scheme. In other words, the income computed<br />
as per the prescribed rate will be the final taxable income of the business covered under the<br />
presumptive taxation scheme and no further expenses will be allowed or disallowed.</p>
<p>While computing income as per the provisions of section 44AD, separate deduction on account<br />
of depreciation is not available. However, the written down value of any asset used in such<br />
business shall be calculated as if depreciation as per section 32 is claimed and has been actually<br />
allowed.</p>
<p><a href="https://taxheal.com/in-presumptive-taxation-ao-cant-ask-explanation-of-expenses-itat-chandigarh.html" target="_blank" rel="noopener">In presumptive taxation , AO can&#8217;t ask explanation of expenses : ITAT Chandigarh</a></p>
<h3>Maintenance of Books of Accounts under Section 44AD</h3>
<p><strong>No need to maintain books of account as prescribed under section 44AA</strong></p>
<p>Section 44AA deals with provisions relating to maintenance of books of account by a person<br />
engaged in business/profession. Thus, a person engaged in business/profession has to maintain<br />
books of account of his business/profession according to the provisions of section 44AA.</p>
<p>In case of a person engaged in a business and opting for the presumptive taxation scheme of<br />
section 44AD, the provisions of section 44AA relating to maintenance of books of account will<br />
not apply. In other words, if a person adopts the provisions of section 44AD and declares income<br />
@ 6% or 8% (as the case may be) of the turnover, then he is not required to maintain the books<br />
of account as provided for under section 44AA in respect of business covered under the<br />
presumptive taxation scheme of section 44AD.</p>
<h3>Advance Tax under Section 44AD</h3>
<p><strong>Payment of advance tax in respect of income from business covered under section 44AD</strong></p>
<p>Any person opting for the presumptive taxation scheme under section 44AD is liable to pay<br />
whole amount of advance tax on or before 15thMarch of the previous year. If he fails to pay the<br />
advance tax by 15th March of previous year, he shall be liable to pay interest as per section 234C.</p>
<p>Note: Any amount paid by way of advance tax on or before 31st day of March shall also be<br />
treated as advance tax paid during the financial year ending on that day.</p>
<h3><strong>if a person does not opt for Section 44AD</strong></h3>
<p><strong>Provisions to be applied if a person does not opt for the presumptive taxation scheme of </strong><strong>section 44AD and declares income at a lower rate, i.e., at less than 8%</strong></p>
<p>A person can declare income at lower rate (i.e., at less than 6% or 8%), however, if he does so,<br />
and his income exceeds the maximum amount which is not chargeable to tax, then he is required<br />
to maintain the books of account as per the provisions of section 44AA and <span style="color: #ff0000;">has to get his</span><br />
<span style="color: #ff0000;">accounts audited as per section 44AB</span> . <a href="https://taxheal.com/tax-audit-limit-of-rs-2-crore-apply-only-to-presumptive-taxation-scheme.html" target="_blank" rel="noopener">Tax Audit limit of Rs 2 Crore apply to presumptive taxation scheme : Press Release 20.06.2016</a></p>
<h3><strong>Consequences if a person opts out u/s 44AD</strong></h3>
<p><strong>Consequences if a person opts out from the presumptive taxation scheme of section 44AD</strong></p>
<p>If a person opts for presumptive taxation scheme then he is also require to follow the same<br />
scheme for next 5 years. If he failed to do so, then presumptive taxation scheme will not be<br />
available for him for next 5 years. [For example, an assessee claims to be taxed on presumptive<br />
basis under Section 44AD for AY 2017-18. For AY 2018-19 and 2019-20 and he offers income<br />
on basis of presumptive taxation scheme. However, for AY 2020-21, he did not opt for<br />
presumptive taxation Scheme. In this case, he will not be eligible to claim benefit of<br />
presumptive taxation scheme for next five AYs, i.e. from AY 2021-22 to 2025-26.]</p>
<p>Further, he is required to keep and maintain books of account and he is also liable for tax audit as<br />
per section 44AB from the AY in which he opts out from the presumptive taxation scheme. [If<br />
his total income exceeds maximum amount not chargeable to tax]</p>
<h2><strong>Presumptive Taxation Scheme of Section 44ADA</strong></h2>
<p><strong>For whom the presumptive taxation scheme of section 44ADA is designed?</strong></p>
<p>The presumptive taxation scheme of section 44ADA is designed to give relief to small taxpayers<br />
engaged in specified profession. refer <a href="https://taxheal.com/section-44ada-of-income-tax-act.html" target="_blank" rel="noopener">Section 44ADA  : Special provision for computing profits and gains of profession on presumptive basis.</a></p>
<h3><strong>Eligible persons u/s 44ADA</strong></h3>
<p><strong>Eligible persons who can take advantage of the presumptive taxation scheme of section </strong><strong>44ADA</strong></p>
<p>A person resident in India engaged in following professions can take advantage of presumptive<br />
taxation scheme of section 44ADA:-<br />
1) Legal<br />
2) Medical<br />
3) Engineering or architectural<br />
4) Accountancy<br />
5) Technical consultancy<br />
6) Interior decoration<br />
7) Any other profession as notified by CBDT</p>
<h3><strong>Computation of taxable income u/s 44ADA</strong></h3>
<p><strong>Manner of computation of taxable income in case of a person adopting the presumptive </strong><strong>taxation scheme of section 44ADA</strong></p>
<p>In case of a person adopting the provisions of section 44ADA, income will be computed on<br />
presumptive basis, i.e. @ 50% of the total gross receipts of the profession. However such person<br />
can declare income higher than 50%.<br />
In other words, in case of a person adopting the provisions of section 44ADA, income will not be<br />
computed in normal manner but will be computed @50% of the gross receipts.</p>
<h3>Business Expenses not Allowed u/s 44ADA</h3>
<p><strong>The presumptive income computed @ 50% is the final income and no further expenses will </strong><strong>be allowed</strong><br />
A person who adopts the presumptive taxation scheme is deemed to have claimed all deduction<br />
of expenses. Any further claim of deduction is not allowed after declaring profit @ 50%.<br />
While computing income as per the provisions of section 44ADA, separate deduction on account<br />
of depreciation is not available. However, the written down value of any asset used in such<br />
business shall be calculated as if depreciation as per section 32 is claimed and has been actually<br />
allowed.</p>
<h3>Advance Tax under Section 44ADA</h3>
<p><strong>Payment of advance tax in respect of income from professions covered under section</strong><br />
<strong>44ADA</strong><br />
Any person opting for the presumptive taxation scheme under section 44ADA is liable to pay<br />
whole amount of advance tax on or before 15th March of the previous year. If he fails to pay the<br />
advance tax by 15th March of previous year, he shall be liable to pay interest as per section 234C.</p>
<h3><strong>Maintenance of books of account u/s 44ADA</strong></h3>
<p><strong>Maintenance of books of account if a person opts for presumptive taxation scheme of</strong><br />
<strong>section 44ADA</strong></p>
<p>In case of a person engaged in a specified profession as referred in section 44AA(1) and opts for<br />
presumptive taxation scheme of section 44ADA, the provision of section 44AA relating to<br />
maintenance of books of account will not apply. In other words, if a person opt for the provisions<br />
of section 44ADA and declares income @50% of the gross receipts, then he is not required to<br />
maintain the books of account in respect of specified profession.</p>
<h3>If  person does not opt Section 44ADA</h3>
<p><strong>Provisions to be applied if a person does not opt for the presumptive taxation scheme of </strong><strong>section 44ADA and declares his income from profession at lower rate (i.e. less than 50%)</strong></p>
<p>A person can declare income at lower rate (i.e. less than 50%), however, if he does so, and his<br />
income exceeds the maximum amount which is not chargeable to tax, then he is required to<br />
maintain the books of account as per the provisions of section 44AA <span style="color: #ff0000;">and has to get his accounts</span><br />
<span style="color: #ff0000;">audited as per section 44AB</span></p>
<h2>Presumptive Taxation Scheme of Section 44AE</h2>
<p><strong>Applicability of the presumptive taxation scheme of section 44AE</strong></p>
<p>The scheme of section 44AE is designed to give relief to small taxpayers engaged in the business<br />
of plying, hiring or leasing of goods carriages. Refer  <a href="https://taxheal.com/section-44ae-of-income-tax-act.html" target="_blank" rel="noopener">Section 44AE of Income Tax Act  : Special provision for computing profits and gains of business of plying, hiring or leasing goods carriages.</a></p>
<h3><strong>Eligible Persons u/s 44AE</strong></h3>
<p><strong>Eligible taxpayer and eligible business for the purpose of the presumptive taxation scheme </strong><strong>of section 44AE</strong></p>
<p>The provisions of section 44AE are applicable to every person (i.e., an individual, HUF, firm,<br />
company, etc.).<br />
The presumptive taxation scheme of section 44AE can be adopted by a person who is engaged in<br />
the business of plying, hiring or leasing of goods carriages and who does not own more than 10<br />
goods vehicles at any time during the year.</p>
<p><strong>A person who owns more than 10 goods vehicles cannot adopt the presumptive taxation </strong><strong>scheme of section 44AE</strong></p>
<p>The presumptive taxation scheme of section 44AE can be adopted by a person who is engaged in<br />
the business of plying, hiring or leasing of goods carriages and who does not own more than 10<br />
goods vehicles at any time during the year.<br />
The important criterion of the scheme is the restriction on owning of not more than 10 goods<br />
vehicles<span style="color: #ff0000;"> at any time during the year.</span> Thus, if a person owns more than 10 goods vehicles at any<br />
time during the year, then he cannot take advantage of this scheme.</p>
<h3><strong>Computation of Taxable business income u/s 44AE</strong></h3>
<p><strong>The manner of computation of taxable business income in case of a person adopting the </strong><strong>presumptive taxation scheme of section 44AE.</strong></p>
<p>In case of a person who is willing to opt for the presumptive taxation scheme of section 44AE,<br />
income will be computed on an estimated basis.</p>
<p><strong>For Heavy Goods Vehicle</strong>, income will be computed at the rate of Rs. 1,000 per ton of gross<br />
vehicle weight for every month or part of a month during which the heavy goods vehicle is<br />
owned by taxpayer. In case of vehicles other than heavy goods vehicle, income will be computed<br />
at the rate of 7,500 for every month or part of a month during which the goods carriage is owned<br />
by taxpayer. Part of the month would be considered as full month.</p>
<p>Note 1 : If the actual income is higher than the presumptive rate, i.e., higher than Rs. 1,000/Rs.<br />
7,500, then such higher income can be declared.<br />
Note 2 : “Heavy Goods Vehicle” means any goods carriage having gross vehicle weight<br />
exceeding 12,000 kilograms.</p>
<p>Illustration<br />
Mr. Khush is engaged in the business of plying, hiring or leasing of goods carriage. Throughout<br />
the year 2018-19 he owned 9 goods vehicles (other than heavy goods vehicles). What will be the<br />
taxable income from the business of plying, hiring or leasing of goods carriages if he adopts the<br />
provisions of section 44AE?</p>
<p>As per the provisions of section 44AE, for Heavy Goods Vehicle, income will be computed at<br />
the rate of Rs. 1,000 per ton of gross vehicle weight for every month or part of a month during<br />
which the heavy goods vehicle is owned by taxpayer. In case of vehicles other than heavy goods<br />
vehicle, income will be computed at the rate of 7,500 for every month or part of a month during<br />
which the goods carriage is owned by taxpayer.</p>
<p>In the present case, Mr. Khush owned 9 goods vehicles (other than heavy goods vehicles)<br />
throughout the year and, hence, income will be computed as follows:</p>
<p><a href="https://taxheal.com/wp-content/uploads/2018/06/44ae-income-tax.png"><img decoding="async" class="alignnone wp-image-62359 size-full" src="https://taxheal.com/wp-content/uploads/2018/06/44ae-income-tax.png" alt="section 44ae income tax" width="946" height="327" srcset="https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax.png 946w, https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-300x104.png 300w, https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-768x265.png 768w, https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-660x228.png 660w" sizes="(max-width: 946px) 100vw, 946px" /></a></p>
<p><strong>Illustration</strong><br />
Mr. Sunil engaged in the business of plying, hiring or leasing goods carriages. He owned 5 heavy<br />
goods vehicle having gross weight of 13,000 kilograms and 4 other goods vehicle during the<br />
previous year 2018-19. What will be his taxable income as per the provisions of section 44AE?</p>
<p>**<br />
As per the provisions of section 44AE, for Heavy Goods Vehicle, income will be computed at<br />
the rate of Rs. 1,000 per ton of gross vehicle weight for every month or part of a month during<br />
which the heavy goods vehicle is owned by taxpayer. In case of vehicles other than heavy goods<br />
vehicle, income will be computed at the rate of 7,500 for every month or part of a month during<br />
which the goods carriage is owned by taxpayer</p>
<p>In the present case, Mr. Sunil owned total 9 goods vehicles in which 5 are heavy goods vehicles<br />
having gross weight of 13,000 Kilograms. Hence, income will be computed as follows:</p>
<p>&nbsp;</p>
<p><a href="https://taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-example-1.png"><img decoding="async" class="alignnone wp-image-62362 size-full" src="https://taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-example-1.png" alt="" width="772" height="515" srcset="https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-example-1.png 772w, https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-example-1-300x200.png 300w, https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-example-1-768x512.png 768w, https://www.taxheal.com/wp-content/uploads/2018/06/44ae-income-tax-example-1-660x440.png 660w" sizes="(max-width: 772px) 100vw, 772px" /></a></p>
<p><strong>The presumptive income computed at the rate of Rs. 1,000 per ton or Rs. 7,500 per goods  </strong><strong>vehicle per month is the final income and no further expenses will be allowed or disallowed</strong></p>
<p>Under the normal provisions of the Income-tax Act, taxable business income will be computed<br />
after allowing deduction in respect of expenses which are deductible as per the Income-tax Act<br />
and after disallowing expenses which are not deductible as per the Income-tax Act.</p>
<p>In case of a person who is opting for the presumptive taxation scheme of section 44AE, the<br />
provisions of allowance/disallowances as provided for under the Income-tax Act, will not apply<br />
and income computed at the presumptive rate of Rs. 1,000/Rs. 7,500 will be the final income. In<br />
other words, the income computed at the rate of Rs. 1,000/Rs. 7,500 per goods vehicle per month<br />
will be the final taxable income of the business and no further expenses will be allowed or<br />
disallowed.</p>
<p>However, in case of a taxpayer, being a partnership firm, opting for the presumptive taxation<br />
scheme, from the income computed at the presumptive rate of Rs. 7,500 per goods vehicle per<br />
month, further deduction can be claimed on account of remuneration and interest paid to partners<br />
(computed as per the Income-tax Act).</p>
<p>While computing income as per the provisions of section 44AE, separate deduction on account<br />
of depreciation is not available, however, the written down value of any asset used in such<br />
business shall be calculated as if depreciation as per section 32 is claimed and has been actually<br />
allowed.</p>
<h3><strong>Maintenance of books of account u/s 44AE</strong></h3>
<p><strong>No need to maintain books of account as prescribed under section 44AA</strong></p>
<p>Section 44AA of the Income-tax Act, 1961 has provisions relating to maintenance of books of<br />
account by a person engaged in business/profession. Thus, a person engaged in<br />
business/profession has to maintain books of account of his business/profession according to the<br />
provisions of section 44AA.</p>
<p>In case of a person opting for the presumptive taxation scheme of section 44AE, the provisions<br />
of section 44AA relating to maintenance of books of account will not apply. In other words, if a<br />
person adopts the provisions of section 44AE and declares his income at the rate of Rs. 7,500 per<br />
goods vehicle per month, then he is not required to maintain the books of account as provided for<br />
under section 44AA in respect of business covered under the presumptive taxation scheme of<br />
section 44AE.</p>
<h3><strong>Advance tax u/s 44AE</strong></h3>
<p><strong>Applicability of the provisions relating to payment of advance tax</strong></p>
<p>There is no concession as regards payment of advance tax in case of a person who adopts the<br />
presumptive taxation scheme of section 44AE and, hence, he will be liable to pay advance tax<br />
even if he adopts the presumptive taxation scheme of section 44AE.</p>
<h3><strong>if a person does not opt Section 44AE</strong></h3>
<p><strong>Provisions to be applied if a person does not opt for the presumptive taxation scheme of </strong><strong>section 44AE and declares income at a lower rate, i.e., at less than Rs. 1,000 per ton or Rs. </strong><strong>7,500 per goods vehicle per month.</strong></p>
<p>A person can declare his income at lower rate (i.e., at less than Rs. 1,000 per ton or Rs. 7,500 per<br />
goods vehicle per month). However, if he does so, then he is required to maintain the books of<br />
account as per the provisions of section 44AA and has to<span style="color: #ff0000;"> get his accounts audited under section</span><br />
<span style="color: #ff0000;">44AB.</span></p>
<h2>Judgments on Income Tax on Presumptive Basis</h2>
<p><a href="https://taxheal.com/presumptive-taxation-can-not-be-applied-by-ao-if-there-is-loss-as-per-books-of-accounts.html" target="_blank" rel="noopener">Presumptive Taxation can not be applied by AO If there is Loss as per books of accounts</a></p>
<p><a href="https://taxheal.com/in-presumptive-taxation-ao-cant-ask-explanation-of-expenses-itat-chandigarh.html" target="_blank" rel="noopener">In presumptive taxation , AO can&#8217;t ask explanation of expenses : ITAT Chandigarh</a></p>
<h2>Multiple Choice Questions on Income Tax on Presumptive Basis</h2>
<p>MCQ ON TAX ON PRESUMPTIVE BASIS IN CASE OF CERTAIN ELIGIBLE BUSINESSES</p>
<p>Q1. The presumptive taxation scheme of section 44AD is designed to give relief to small<br />
taxpayers engaged in any business including the business of plying, hiring or leasing of goods<br />
carriages.<br />
(a) True (b) False<br />
Correct answer : (b)<br />
Justification of correct answer :</p>
<p>The presumptive taxation scheme of section 44AD is designed to give relief to small taxpayers<br />
engaged in any business except the business of plying, hiring or leasing of goods carriages<br />
referred to in section 44AE.</p>
<p>Thus, the statement given in the question is false and hence, option (b) is the correct option.</p>
<p>Q2. The presumptive taxation scheme of section 44AD cannot be adopted by __________.<br />
(a) Resident Individual (b) Resident HUF<br />
(c) Resident Partnership Firm (d) Limited Liability Partnership Firm<br />
Correct answer : (d)<br />
Justification of correct answer :<br />
The presumptive taxation scheme of section 44AD can be adopted by following persons:<br />
1) Resident Individual<br />
2) Resident Hindu Undivided Family<br />
3) Resident Partnership Firm (not Limited Liability Partnership Firm)<br />
Thus, option (d) is the correct option.</p>
<p>Q3. A person who is carrying on any agency business and a person who is earning income in the<br />
nature of commission or brokerage cannot adopt the provisions of section 44AD.<br />
(a) True (b) False</p>
<p>Correct answer : (a)<br />
Justification of correct answer :<br />
The scheme of section 44AD is designed to give relief to small taxpayers engaged in any<br />
business, except the following businesses:<br />
 Business of plying, hiring or leasing of goods carriages referred to in section 44AE.<br />
 A person who is carrying on any agency business.</p>
<p> A person who is earning income in the nature of commission or brokerage<br />
Thus, the statement given in the question is true and hence, option (a) is the correct option.</p>
<p>Q4. In case of a person adopting the provisions of section 44AD, income will be computed on<br />
presumptive basis, i.e., @ _____________ of the turnover or gross receipts of the eligible<br />
business for the year if turnover/gross receipt is received by an account payee cheque or an<br />
account payee bank draft or use of electronic clearing system through a bank account during the<br />
previous year or before the due date of filing of return under section 139(1).<br />
(a) 2% (b) 6%<br />
(c) 8% (d) 10%</p>
<p>Correct Answer: (b)<br />
Justification of correct answer:<br />
In case of a person adopting the provisions of section 44AD, income is computed on presumptive<br />
basis at the rate of 8% of the turnover or gross receipts of the eligible business for the year.<br />
However, in order to promote digital transactions and to encourage small unorganized business<br />
to accept digital payments, section 44AD is amended with effect from the assessment year 2017-<br />
18 to provide that income shall be computed at the rate of 6% instead of 8% if turnover/gross<br />
receipt is received by an account payee cheque or an account payee bank draft or use of<br />
electronic clearing system through a bank account during the previous year or before the due<br />
date of filing of return under section 139(1).<br />
Thus, option (b) is the correct option.</p>
<p>Q5. While computing income as per the provisions of section 44AD, separate deduction on<br />
account of depreciation is available.<br />
(a) True (b) False<br />
Correct answer : (b)<br />
Justification of correct answer :<br />
While computing income as per the provisions of section 44AD, separate deduction on account<br />
of depreciation is not available. However, the written down value of any asset used in such<br />
business shall be calculated as if depreciation as per section 32 is claimed and has been actually<br />
allowed.<br />
Thus, the statement given in the question is false and hence, option (b) is the correct option.</p>
<p>Q6. A person opting for the presumptive taxation scheme of section 44AD will ________ to pay<br />
advance tax in respect of income from business covered under section 44AD.<br />
(a) Be liable (b) Not be liable<br />
Correct answer : (a)</p>
<p>Justification of correct answer :<br />
Any person opting for the presumptive taxation scheme under section 44AD is liable to pay<br />
whole amount of advance tax on or before 15thMarch of the previous year. If he fails to pay the<br />
advance tax by 15th march of previous year, he shall be liable to pay interest as per section 234C.<br />
Note: Any amount paid by way of advance tax on or before 31st day of March shall also be<br />
treated as advance tax paid during the financial year ending on that day.</p>
<p>Q7. The presumptive taxation scheme of section 44ADA is designed to give relief to small<br />
taxpayers engaged in any profession.<br />
(a) True (b) False<br />
Correct answer: (b)<br />
Justification of correct answer:<br />
The presumptive taxation scheme of section 44ADA is designed to give relief to small taxpayers<br />
engaged in specified profession (i.e., legal, medical, engineering or architectural, accountancy,<br />
technical consultancy, interior decoration or any other profession as notified by CBDT).<br />
Thus, the statement given in the question is false and hence, option (b) is the correct option.</p>
<p>Q8. The presumptive taxation scheme of section 44ADA can be adopted by __________.<br />
(a) Resident Individual (b) Resident HUF<br />
(c) Resident Partnership Firm (d) Resident person<br />
Correct answer: (d)<br />
Justification of correct answer:<br />
The presumptive taxation scheme of section 44ADA can be adopted by any person resident in<br />
India</p>
<p>Thus, option (d) is the correct option.</p>
<p>Q9. In case of a person adopting the provisions of section 44ADA, income will be computed on<br />
presumptive basis, i.e., @ _________of gross receipts of the specified profession for the year.<br />
(a) 2% (b) 5%<br />
(c) 50% (d) 10%</p>
<p>Correct answer : (c)<br />
In case of a person adopting the provisions of section 44ADA, income will be computed on<br />
presumptive basis, i.e. @ 50% of the total gross receipts of the profession. However such person<br />
can declare income higher than 50%.<br />
In other words, in case of a person adopting the provisions of section 44ADA, income will not be<br />
computed in normal manner but will be computed @50% of the gross receipts.<br />
Thus, option (c) is the correct option</p>
<p>Q10. While computing income as per the provisions of section 44ADA, separate deduction on<br />
account of depreciation is available.<br />
(a) True (b) False<br />
Correct answer : (b)<br />
Justification of correct answer :<br />
A person who adopts the presumptive taxation scheme is deemed to have claimed all deduction<br />
of expenses. Any further claim of deduction is not allowed after declaring profit @ 50%.<br />
While computing income as per the provisions of section 44ADA, separate deduction on account<br />
of depreciation is not available. However, the written down value of any asset used in such<br />
business shall be calculated as if depreciation as per section 32 is claimed and has been actually<br />
allowed.<br />
Thus, the statement given in the question is false and hence, option (b) is the correct option.</p>
<p>Q11. A person opting for the presumptive taxation scheme of section 44ADA will ________ to<br />
pay advance tax in respect of income from business covered under section 44ADA.<br />
(a) Be liable (b) Not be liable<br />
Correct answer : (a)<br />
Justification of correct answer :<br />
Any person opting for the presumptive taxation scheme under section 44ADA is liable to pay<br />
whole amount of advance tax on or before 15th March of the previous year. If he fails to pay the<br />
advance tax by 15th March of previous year, he shall be liable to pay interest as per section 234C.<br />
Thus, option (a) is the correct option.</p>
<p>Q12. The scheme of section 44AE is designed to give relief to small taxpayers engaged in the<br />
business of__________.<br />
(a) Plying, hiring or leasing of goods carriages (b) Provision store<br />
(c) Medical store (d) Departmental store<br />
Correct answer : (a)<br />
Justification of correct answer :<br />
The scheme of section 44AE is designed to give relief to small taxpayers engaged in the business<br />
of plying, hiring or leasing of goods carriages.<br />
Thus, option (a) is the correct option.</p>
<p>Q13. The presumptive taxation scheme of section 44AE can be adopted by a person who is<br />
engaged in the business of plying, hiring or leasing of goods carriages and who does not own<br />
more than ________ goods vehicles at any time during the year.<br />
(a) 50 (b) 30<br />
(c) 10 (d) 5<br />
Correct answer : (c)<br />
Justification of correct answer :<br />
The presumptive taxation scheme of section 44AE can be adopted by a person who is engaged in<br />
the business of plying, hiring or leasing of goods carriages and who does not own more than 10<br />
goods vehicles at any time during the year.<br />
Thus, option (c) is the correct option.</p>
<p>Q14. In case of a person who is willing to opt for the presumptive taxation scheme of section<br />
44AE, income will be computed @ Rs. 5,000 per month during which the goods vehicle is<br />
owned by him during the year and part of the month would be ignored.<br />
(a) True (b) False<br />
Correct answer : (b)<br />
Justification of correct answer :<br />
In case of a person who is willing to opt for the presumptive taxation scheme of section 44AE,<br />
for Heavy Goods Vehicle, income will be computed at the rate of Rs. 1,000 per ton of gross<br />
vehicle weight for every month or part of a month during which the heavy goods vehicle is<br />
owned by taxpayer. In case of vehicles other than heavy goods vehicle, income will be computed<br />
at the rate of 7,500 for every month or part of a month during which the goods carriage is owned<br />
by taxpayer. Part of the month would be considered as full month.<br />
Thus, the statement given in the question is false and hence, option (b) is the correct option.</p>
<p>Q15. A partnership firm adopting the provisions of section 44AE can claim further deduction on<br />
account of remuneration and interest paid to partners (computed as per the Income-tax Act) from<br />
the income computed at the presumptive rate.<br />
(a) True (b) False<br />
Correct answer : (a)<br />
Justification of correct answer :<br />
In case of a taxpayer, being a partnership firm, opting for the presumptive taxation scheme, can<br />
claim further deduction on account of remuneration and interest paid to partners (computed as<br />
per the Income-tax Act) from the income computed at the presumptive rate.<br />
Thus, the statement given in the question is true and hence, option (a) is the correct option.</p>
<p>Reference : <a href="https://www.incometaxindia.gov.in" target="_blank" rel="noopener">https://www.incometaxindia.gov.in</a></p>
<p><a href="https://taxheal.com/new-releases-in-book-store"><img loading="lazy" decoding="async" class="alignnone wp-image-60848 size-full" src="https://taxheal.com/wp-content/uploads/2018/05/tax-books.png" alt="Income Tax on Presumptive Basis u/s 44AD, 44ADA and 44AE" width="960" height="540" srcset="https://www.taxheal.com/wp-content/uploads/2018/05/tax-books.png 960w, https://www.taxheal.com/wp-content/uploads/2018/05/tax-books-300x169.png 300w, https://www.taxheal.com/wp-content/uploads/2018/05/tax-books-768x432.png 768w, https://www.taxheal.com/wp-content/uploads/2018/05/tax-books-660x371.png 660w" sizes="auto, (max-width: 960px) 100vw, 960px" /></a></p>
<p>presumptive taxation for professionals, presumptive taxation for ay 2018-19, section 44ada of income tax act, how to calculate presumptive income, eligible business under section 44ad,</p>
<p>section 44ada of income tax act for ay 2018-19,</p>
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