Search Results For: 44AB


QUERY: A is having salary of about Rs. 30 lakhs. He has also done F & O transactions in shares. As per guidance note on tax audit of ICAI total of favourable and unfavourable differences shall be taken as turnover in F & O transaction. For A.Y. 2013-14 favourable difference is 80 lakhs and unfavourable difference is 10 lakhs, hence, A has paid income tax on Rs. 70 lakhs. Whether A is required to maintain books of account and get tax audit or can A claim that he does not maintain books of account, and offer business income @ 8% of Rs. 70 lakhs as per section 44AD?
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The Guidance Note on Tax Audit under section 44AB of the Income-tax Act, 1961 states that in case of Derivatives, Futurer and options the difference between total favourable and unfavorable is to be considered as turnover for the purpose of deciding the limit under section 44AB of the Act.

QUERY: A firm carrying of eligible business having an annual turnover of ₹ 1.25 crore declares income from business as per accounts at ₹ 13 lakhs which is higher than the deemed income of ₹ 10 lakhs u/s. 44AD.
Can such firm claim deduction from its income on account of remuneration/ interest to partners?
One possible interpretation is that it is only when income as per accounts is less than deemed income of 8% and the assessee returns income at 8% the firm will not be allowed to claim such deduction. To put it differently, when income declared is more than 8% (as in the above example), benefit of deduction u/s. 40 (b) would be available.
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The presumptive scheme of taxation has been introduced for sparing the small assessee from need for compulsory maintenance of accounts u/s. 44AA and tax audit under section 44AB.

QUERY: ABC partnership firm is engaged in retail business. It sale for F.Y. 2016-17 is Rs. 40/- lakhs. Net profit, before remuneration to partners, but after interest to partners is Rs. 1,40,000/-. The firm gives remuneration Rs. 1,50,000/- to partners and thus, there is a net loss of Rs. 10,000/- In this situation, are books of account of firm liable to Audit under section 44AD r.w.s 44AB?
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From the above stated fact, it is clear that during the financial year 2016-17, a firm has incurred loss of Rs. 10,000/-, however, its turnover is less than Rs. 1/- crore, so a firm is eligible assessee under section 44AD of the Act.

QUERY: Radiology & pathological laboratory run by a physician (M.D./ M.B.B.S. not specialized in radiology or Bio-chemistry) will be considered as profession or business for limits of tax audit?
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S. 2(13) of the Income-tax Act, 1961 defines ‘business’ which includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture. The word ‘business’ is one of wide import and it means activity carried on continuously and systematically by a person by the application of his labour or skill with a view to earning an income.

QUERY: The Government of Maharashtra have appointed authorised Stamp Vendor to sell stamp papers and other stamps at fixed rate of commission and he purchases stamp papers from stamp office after deducting his commission amount from value of Stamp paper. The total stamp paper purchased during the year exceeds Rs. 60 lakhs in F.Y. 2011-12 but commission amount is approximately Rs. 2 lakhs. Whether provision of section 44AB is attracted?
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Section 44AB reads as “every person carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds sixty lakh rupees in any previous year”.

Thus, the section refers only to credit side of Profit & Loss account

QUERY: Mr. P is Professional Engineer and has following source of income:

• Share of profit from engineering partnership firm Rs. 15,00,000/-

• Remuneration from the said firm Rs. 9,00,000/-

• Share of profit from proprietary concern Rs. 13,00,000/-

Whether Mr. P is required to get his accounts audited u/s. 44AB?
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No, as Mr. P’s gross receipts from the profession are less than Rs. 25/- lakhs. As per Guidance Note on Tax Audit under section 44AB of the Income-tax Act, 1961 issued by

QUERY: A is having salary of about Rs. 30 lakhs. He has also done F & O transactions in shares. As per guidance note on tax audit of ICAI total of favourable and unfavourable differences shall be taken as turnover in F & O transaction. For A.Y. 2013-14 favourable difference is 80 lakhs and unfavourable difference is Rs. 10 lakhs, hence, A has paid income tax on Rs. 70 lakhs. Whether A is required to maintain books of account and get tax audit or can A claim that he does not maintain books of account, and offer business income @ 8% of Rs. 70 lakhs as per section 44AD?
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The Guidance Note on Tax Audit under section 44AB of the Income-tax Act, 1961 states that in case of Derivatives, Futurer and options the difference between total favourable and unfavorable is to be considered as turnover for the purpose of deciding the limit under section 44AB of the Act.