Presumptive taxation under section 44ad, which was only available to businesses, has now been extended to include professionals effective from fy 201617. In simple words, the books specified under rule 6f are not required to be maintained only in case of following. Income tax for professional, advertising under section. Tax on presumptive basis in case of certain eligible businesses or professions to give relief to small taxpayers from the tedious job of maintenance of books of account and from getting the accounts audited, the incometax act has framed the presumptive taxation scheme under sections 44ad, section 44ada and section 44ae. In cases where an assessee is covered under section 44ad or 44ada or 44ae or 44bb or 44bbb but wants to claim lower income than the specified income under these respective sections then its required to maintain books of accounts as specified under section 44aa. The detailed requirements of different transactions are prescribed under section 44aa. Under the scheme of presumptive taxation, the small taxpayers are not required to maintain any books of accounts and their profits are presumed to be a certain. Section 44aa compulsory maintenance of books teachoo. In case of specified profession if gross receipts are less than 150000. As per sections 44aa of the incometax act, 1961, a person engaged in business or profession is required to maintain regular books of account under certain circumstances. As per section 44ada, the assessee must be a resident in india.
A person adopting the presumptive taxation scheme can declare income at a prescribed rate and, in turn, is relieved from tedious job of maintenance of. Use itr3 for returns, if you have both income from. Section 44aa persons required to maintain books of. In case of specified profession 2 if gross receipts exceed rs. Maintain books of accounts under subsection 1 of section 44aa, or get the accounts audited under section 44ab in respect of such income. In section 44ad, if a person claims that his income less than 8% turnover,then he has to compulsarily maintain accounts and get them audited what books to be maintained. However, in case the assessee claims that the profits and gains are lower than 50% he would be required to prepare books of accounts under section 44aa, maintain receipts of all expenses and get his. Existing financial year 2016 2017 or ay 201718it is compulsory to maintain books of accounts ifif turnover 10,00,000orpgbp income 1,20,000or bothin any of last 3 yearsin case of new business, where turnover is likely to exceed 000 or total. Section 44ada special provision for computing profits and gains of profession on presumptive basis. Section 44ada presumptive tax scheme for professionals. For income tax scrutiny by an assessing officer, there is a long list of professions which are mandated to maintain books of accounts.
Incomes of presumptive business if they claim ther income is less than specified amt mentioned in section 44ad44ae44bb44bbb for example. Section 44ada is as similar to section 44ad, the only difference is the section 44ad head presumptive professional income for small business and section 44ada is for professionals us 44aai. Itr 3 presumptive scheme us 44ada ay 201819 income. Is section 44aa and 44ada contrasting regarding the. Under this scheme of section 44ad the individuals who are running a business are not required to maintain books of account regularly. Maintenance of accounts by certain persons carrying on profession or business 44aa1 every person carrying on the legal, medical, engineering,accountancy, technical consultancy, architectural, interior decoration or any otherprofession asnotified by central board ofdirect taxes cbdt. In that case, you have to maintain proper books of accounts. Analysing section 44aa and section 44ab kl aggarwal.
Compulsory maintenance of books limit increased section 44aa. Since you have both income from specified profession as per section 44ada read with section 44aa of the income tax act, 1961 and capital gain, you will need to use itr3 for filing your tax. These include maintaining a proper set of books of accounts, getting these books of accounts audited. Maintain books of accounts under sub section 1 of section 44aa, or get the accounts audited under section 44ab in respect of such income. An assessee may claim his income to be lower than the deemed profits and gains, subject to the condition that the books of account and other documents are kept and maintained as required under section 44aa and the assessee gets his accounts audited irrespective of turnover and furnishes a report of such audit as prescribed under section 44ab. Books of accounts to be maintained by a specified profession. Section 44ada presumptive taxation for professionals the assessee filing return under section 44ada is not required to maintain books of. There are good number of compliances under the income tax act. On balance sheet page, i filled only sec 6 no accounts case as follows.
The assessee who opts for the benefits under section 44ad is also not required to get his accounts audited as required under section 44ab. As per the incometax act, a person engaged in business or profession is required to maintain regular books of account and further, he has to get his accounts audited. A daily record of all cash receipts, payments and cash balance. The taxpayer is not required to maintain books under section 44aa. This may happen, for example, if you set up a profession. All the books of accounts specified above shall be kept and maintained for a period of 6 years from the end of the relevant assessment year. What is presumptive taxation scheme under section 44ad of income tax act. Dealing with anomalies surrounding presumptive taxation u. However, a corresponding mandate in section 44aa with regard to the section 44ada is missing thus creating a chaos. Cash book means a record of all cash receipts and payments, kept and maintained on a daytoday basis and giving the cash balance in hand at the end. Such persons are mandatorily required to maintain prescribed books of accounts if their total gross receipt is more than rs. As per section 44aa2, it is mandatory to maintain books of accounts in the following cases. Is section 44aa and 44ada contrasting regarding the maintenance.
If the above persons, opts for section 44ada, then they are not required to keep and maintain books of accounts. When maintenance of books of accounts becomes compulsory. Section 44ada presumptive taxation for professionals the assessee filing return under section 44ada is not required to maintain books of account under section 44aa. Analysis of section 44ada of the income tax act, 1961. Compulsory maintenance of accounts section 44aa income.
Presumptive taxation scheme for persons having income from profession for the very first time in the finance budget for the year 201617, there was a proposal made to rationalize the presumptive taxation scheme and to reduce the compliance burden. Income tax india presumptive taxation scheme income. Section 44aa has made it compulsory for certain specified professionals to maintain books of account and other documents for income tax purpose. If a taxpayer opts out of the taxation scheme of 44ada in any year, he cannot avail the benefit of 44ada in next 5 years. The section 44ada overrides only section 28 to 43c thus making it mandatory for the professionals covered under section 44ada to maintain books of accounts though they have opted for presumptive taxation scheme. Section 44ada was introduced from 01 april 2017, focusing on the income of professionals under the presumptive professional scheme. Section 44 ada presumptive tax scheme for professionals. Taxpayers carrying on business or profession were the turnover or gross receipts exceed the prescribed limit have to get their books of accounts audited by a chartered accountant. As per sec 44ada person who is an eligible assessee under sec.
Maintenance of accounts by certain persons carrying on profession or business 44aa 1 every person carrying on the legal, medical, engineering, accountancy or interior decoration or any other profession as notified by central board of direct taxes cbdt are required to maintain such. The impact of section 44aa and 44ab of the income tax act. Please give your valuable opinion after considering the above facts. This is similar to the provision given in section 44ad. There is general opinion that if an eligible assessee is opting for section 44ad and section 44ada, he is not required to maintain books of. This section provides that every person carrying on the legal, medical, engineering or architectural profession or accountancy or technical consultancy or interior decoration or any other profession as has been notified by the central board of direct taxes in the official gazette must statutorily maintain such books of accounts and other. An assesses who opts for the benefits under section 44ad is not required to maintain books of account that are required to be maintained under section 44aa.
Followings are the provisions of section 44aa of income tax act, 1961. The taxpayer is not required to get accounts audited under section 44ab. Maintaining books of accounts for professions cleartax help center. Using section 44ad, section 44ada of income tax you do not need to maintain any books of accounts. A person adopting this scheme can declare income at a prescribed rate and relieved from maintain book of accounts.
Section 44ada applicable from ay 201718 thus u cant use this for ay 201617, on medical professionals section 44aa apply thus for ay 201617 you have to maintain proper books of accounts. A person opting for presumptive taxation under section 44ada is not required to maintain books of accounts which is required to be maintained under normal case under section 44aa read calculation of interest under section 234 a, b and c of the income tax act. Presumptive taxation scheme under section 44ad of income. As per section 44ad4 where an eligible assessee declares profit for any. Followings professions will be treated as specified profession for the purpose of section 44aa and they need to maintain their books of accounts and other documents as. Section 44aa of income tax act and rule 6f of income tax rules deal with the provisions regarding maintenance of books of accounts under. Prescribed books of account and documents to be kept and maintained under section 44aa3 by person carrying on certain professions rule 6f. To give relief to small taxpayers from this tedious work, the incometax act has framed the presumptive taxation scheme under sections 44ad, 44ada and 44ae. Income tax act 44ad, 44ada, 44ae gst registration, gst. Businesses and professions are required to maintain the books of accounts for income tax purpose. Section 44ada presumptive taxation scheme go for filing. Section 44aa persons required to maintain books of accounts. The eligible assessee will not be required to maintain books of account under section 44aa1 and get the accounts audited under section 44ab in respect of.
The books of accounts are to kept and maintained for a period of six years from the end of the relevant assessment year. Sundry debtors 0 sundry creditors 0 stock in trade 0 cash balance 0. To give relief to small or medium sized taxpayers, the income tax act incorporated scheme of presumptive taxation. It will be better to file return on the basis of book results i. Journal, in case of use of mercantile accounting format. To give relief to small taxpayers from this tedious work, the incometax act has framed the presumptive taxation scheme under sections 44ad, sections 44ada, sections 44ae. If your profession is in the above list, then it is a specified profession and you are required to maintain. If claimed only deductions under section 30 to section 38. There are different transactions to be maintained under section 44aa. Those specified professionals whose gross receipts does not exceed rs. In case the profession is newly set up then you should maintain the same if it is likely that total gross receipt will exceed rs. Can a person use section 44ad and section 44ada of income. As i do not maintain books of account, i opted for presumptive income from profession 44ada and thus selected the no accounts case in itr 3 general section.
X had professional income of 7l in fy1415 but has not maintained books of accounts for that year. You are getting salary and professional income, on which tax has been deducted at source by the employer under section 192 and by the deductor, who has made payment of professional charges to you under section 194j. Section 44aa compulsory maintenance of books of account. Section 44ada is introduced by the income tax department for small and medium practitioners and professionals whose receipt is upto rs. The prescribed books of account and other documents under rule 6f2 are as. These books should be maintained at the head office or at each of the offices. In case of income from business or profession, book of accounts must be mandatorily maintained if the income exceeds rs. Maintenance of accounts by certain persons carrying on business or profession. But the biggest beneficiary is that no hassles of maintaining books of accounts related to expenses or prepare. Those specified professionals who are eligible to opt for section 44ada. Maintenance of books of accounts under section 44aa.
If the assessee opts for section 44ada, then he need not maintain books of accounts us 44aa nor should he get them audited us 44ab. Books of accounts to be maintained for income tax purpose. If a person adopts the presumptive taxation scheme of section 44ada, then he is required to maintain books of account as per section 44aa. If a person adopts the presumptive taxation scheme of section 44ada, then is he liable to pay advance tax in respect of income from profession covered under section 44ada. In case an assessee is carrying on a specified profession, maintenance of books of accounts is compulsory except when he is covered under section 44ada. Special provisions for computing income on estimated basis.
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