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Presumptive Income u/s 44AD of Income Tax Act, 1961 [w.e.f. AY 2011- 12]. Applicability Any business except the business of plying, hiring or leasing goods carriages specified u/s 44AE whose Total Turnover or Gross Receipts in the Previous Year does not exceed Rs. 60 Lakhs.
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Presumptive Income u/s 44AD of Income Tax Act, 1961 [w.e.f. AY 2011- 12]
Applicability • Any business except the business of plying, hiring or leasing goods carriages specified u/s 44AE • whose Total Turnover or Gross Receipts in the Previous Year does not exceed Rs. 60 Lakhs. Amount of Presumptive Income • 8% of the Total Turnover or Such higher sum as declared by the Assessee. * Presumptive Income u/s 44 AD or a higher sum declared by the Assessee, will be deemed to be the Profits and Gains of Business or Profession.
Eligible Assessee • Resident Individual, • Resident HUF • Resident Partnership Firm [ but not being a Limited Liability Partnership Firm, and • Deduction u/s 10A, 10AA, 10B, 10BA or 80-IA / IAB / IB / IC / ID / IE / 80 JJAA / 80 LA / 80 QQB / 80 RRB is not claimed in the relevant assessment year. Advance Tax • Provisions relating to Advance Tax payment are not applicable to an Eligible Assessee, in so far as they relate to the Eligible Business. .
Other Important Considerations • Material Supplied by the Contractee at a Fixed Cost to the Civil Construction Contractor shall not be included in the Gross Receipts or Turnover u/s 44AD - Brij Bhusan Lal Parduman Kumar 115 ITR 824 [SC] • Civil Construction includes • Construction or repair of any building, bridge, dam or other structure or any other structure or of any canal or road, • Execution of any works contract like works relating to electrical fitting, plumbing, land filling, landscaping work, etc. - Circular 684 dated 10.06.94 • Interior Decoration does not come under the business of Civil Construction - Sanjay Kataria 3 SOT 18 [Del.] • “Calculation of Rs. 60 lacs“ – Its not aggregate of all eligible business, but can be calculated for each eligible business separately.