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Home/Income Tax/Page 43

Taxchopal Latest Questions

Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

Who is eligible for presumptive taxation scheme of section 44AE?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on April 2, 2025 at 5:33 pm

    1. Who Can Opt for Section 44AE? As per Section 44AE(1) of the Income Tax Act, 1961, the presumptive taxation scheme applies to: ✅ Eligible Assessees: Individuals Hindu Undivided Families (HUFs) Partnership firms (excluding LLPs) Companies ✅ Eligible Business: The assessee must be engaged in the busRead more

    1. Who Can Opt for Section 44AE?

    As per Section 44AE(1) of the Income Tax Act, 1961, the presumptive taxation scheme applies to:

    ✅ Eligible Assessees:

    • Individuals

    • Hindu Undivided Families (HUFs)

    • Partnership firms (excluding LLPs)

    • Companies

    ✅ Eligible Business:

    • The assessee must be engaged in the business of plying, hiring, or leasing goods carriages.

    ✅ Vehicle Ownership Limit:

    • The taxpayer must not own more than 10 goods vehicles at any time during the previous year.


    2. Who is NOT Eligible for Section 44AE?

    🚫 The following categories are NOT eligible for Section 44AE:

    1. Persons owning more than 10 goods vehicles at any time during the financial year.

    2. Limited Liability Partnerships (LLPs) – Since Section 44AE applies only to individuals, HUFs, firms (excluding LLPs), and companies, LLPs cannot opt for this scheme.

    3. Businesses other than plying, hiring, or leasing goods carriages.

    4. Taxpayers who wish to declare lower income than the prescribed presumptive income – They must maintain books of account under Section 44AA and get an audit under Section 44AB, if applicable.

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Answer
Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

What provision will apply if a person opt for the presumptive taxation scheme of section 44ADA and declares his income from profession at lower rate (i.e. less than50%)?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on April 2, 2025 at 5:39 pm

    "If an assessee declares income lower than 50% of gross receipts, and his total income exceeds the basic exemption limit, he shall be required to:(a) Maintain books of account as per Section 44AA, and(b) Get his accounts audited under Section 44AB."

    “If an assessee declares income lower than 50% of gross receipts, and his total income exceeds the basic exemption limit, he shall be required to:
    (a) Maintain books of account as per Section 44AA, and
    (b) Get his accounts audited under Section 44AB.”

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Answer
Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

If a person adopts the presumptive taxation scheme of section 44ADA, then he is required to maintain books of account as per section 44AA?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on April 2, 2025 at 5:41 pm

    Requirement to Maintain Books of Account & Audit 📌 Case 1: If Income Declared is 50% or More✅ No requirement to maintain books of account under Section 44AA.✅ No requirement for tax audit under Section 44AB. 📌 Case 2: If Income Declared is Less Than 50%❌ Books of account must be maintained as peRead more

    Requirement to Maintain Books of Account & Audit

    📌 Case 1: If Income Declared is 50% or More
    ✅ No requirement to maintain books of account under Section 44AA.
    ✅ No requirement for tax audit under Section 44AB.

    📌 Case 2: If Income Declared is Less Than 50%
    ❌ Books of account must be maintained as per Section 44AA.
    ❌ Audit under Section 44AB is required if total income exceeds the basic exemption limit (₹2.5 lakh/₹3 lakh/₹5 lakh as per age category).

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Answer
Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

Is advance Tax is need to be paid if we have adopted the presumptive taxation scheme of section 44ADA?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on April 2, 2025 at 5:42 pm

    Yes, a taxpayer opting for the presumptive taxation scheme under Section 44ADA is required to pay advance tax. However, the payment schedule is different from regular taxpayers. Advance Tax Rule for Section 44ADA (Special Provision - Section 211(1)(b)) Entire advance tax (100%) must be paid in a sinRead more

    Yes, a taxpayer opting for the presumptive taxation scheme under Section 44ADA is required to pay advance tax. However, the payment schedule is different from regular taxpayers.

    Advance Tax Rule for Section 44ADA (Special Provision – Section 211(1)(b))

    • Entire advance tax (100%) must be paid in a single installment on or before March 15 of the financial year.

    • If advance tax is not paid by March 15, interest under Sections 234B & 234C will be levied.

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Answer
Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

Can we claim further deduction of expenses when we have adopted section 44ADA?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on April 2, 2025 at 5:44 pm

    No, you cannot claim additional deductions for business expenses like rent, salary, office expenses, etc., when opting for the presumptive taxation scheme under Section 44ADA. ✅ As per Section 44ADA(2), the 50% of gross receipts deemed as income already accounts for all expenses related to the profeRead more

    No, you cannot claim additional deductions for business expenses like rent, salary, office expenses, etc., when opting for the presumptive taxation scheme under Section 44ADA.

    ✅ As per Section 44ADA(2), the 50% of gross receipts deemed as income already accounts for all expenses related to the profession.

    🚫 Depreciation under Section 32 is NOT allowed separately.
    ✅ However, the written-down value (WDV) of assets will be considered after reducing deemed depreciation.

    What Deductions Are Still Allowed?

    ✅ Deductions under Chapter VI-A (like 80C, 80D, 80G, etc.) CAN be claimed.

    ✅ Some common deductions that can be claimed separately:

    • Section 80C: Investments in PPF, ELSS, Life Insurance Premium, EPF, etc. (Max ₹1.5 lakh)

    • Section 80D: Medical insurance premium paid for self & family (up to ₹25,000/₹50,000 for senior citizens)

    • Section 80E: Interest on education loan

    • Section 80G: Donations to charitable institutions

    • Section 80TTA: Interest on savings bank account (up to ₹10,000)

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Answer
Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

How to calculate taxable income in case of a person adopting the presumptive taxation scheme of section 44ADA?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on April 2, 2025 at 5:45 pm

    Formula for Taxable Income: Taxable Income=50%×Gross Receipts ✅ No deductions for expenses like rent, salaries, depreciation, etc.✅ Deductions under Chapter VI-A (like 80C, 80D, 80G) are allowed. Additional Considerations ✅ No Need to Maintain Books of Account (if 50% or more is declared).✅ AdvanceRead more

    Formula for Taxable Income:

    Taxable Income=50%×Gross Receipts

    ✅ No deductions for expenses like rent, salaries, depreciation, etc.
    ✅ Deductions under Chapter VI-A (like 80C, 80D, 80G) are allowed.

    Additional Considerations

    ✅ No Need to Maintain Books of Account (if 50% or more is declared).
    ✅ Advance Tax to be Paid in One Installment by March 15.
    ✅ ITR-4 (Sugam) Must Be Filed.

    🚫 If declaring income below 50%, books of account must be maintained & audit may be required.

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Answer
Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

Who is eligible to opt for the presumptive taxation scheme of section44ADA?

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

How to opt-out from section 44AD (presumptive taxation scheme) and what will be the consequences?

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

If a person adopts the presumptive taxation scheme of section 44AD, then is he liable to pay advance tax in respect of income from business covered under section44AD?

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  • 12 Views
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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: August 25, 2021In: Income Tax

If a person adopts the presumptive taxation scheme of section 44AD, then is herequired to maintain books of account as per section 44AA?

  • 0 0 Answers
  • 9 Views
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