Tax Audit And Presumptive Taxation

Introduction

A tax audit in India is a detailed examination of the books of accounts of a taxpayer to ensure that they comply with the provisions of the Income Tax Act, 1961. It is conducted under Section 44AB of the Act.

Who is required to get a tax audit?

A tax audit is mandatory for certain individuals and businesses, based on turnover, gross receipts, or profits:

1. For Business:

  • If the total sales, turnover, or gross receipts exceed ₹1 crore in a financial year.
  • This limit is increased to ₹10 crore if:
    • The aggregate of all cash receipts does not exceed 5% of total receipts.
    • The aggregate of all cash payments does not exceed 5% of total payments.

2. For Professionals:

  • If the gross receipts exceed ₹50 lakhs in a financial year.

3. For Presumptive Taxation Scheme (like under Section 44AD, 44ADA):

              1. Section 44AD – For Small Businesses

            Who can opt: Resident individuals, HUFs, and partnership firms (not LLPs) engaged in any business except:

  • Businesses involving agency or commission/brokerage
    • Professions as per Section 44AA (like doctors, lawyers, etc.)
  • Turnover limit: Up to ₹2 crore
  • Presumed income:
    • 8% of turnover (if received in cash)
    • 6% of turnover (if received digitally)
  • No need to maintain books of accounts or get a tax audit (unless claiming lower income)
  • If a person claims income lower than the presumptive income and their total income exceeds the basic exemption limit.

2. Section 44ADA – For Specified Professionals

  • Who can opt: Resident individuals who are professionals (like doctors, lawyers, architects, engineers, CA, etc.)
  • Gross receipts limit: Up to ₹50 lakhs
  • Presumed income: 50% of total gross receipts
  • No need to maintain detailed books or get a tax audit (unless claiming lower income)

3. Section 44AE – For Goods Transport Business

  • Who can opt: Anyone owning and operating not more than 10 goods vehicles
  • Presumed income:
    • ₹1,000 per ton per vehicle per month (for heavy goods vehicles)
    • ₹7,500 per vehicle per month (for other goods vehicles)

Benefits of Presumptive Taxation:

  • No requirement to maintain detailed books of accounts
  • No tax audit (if conditions are met)
  • Simplifies tax filing for small taxpayers
  • Reduces compliance burden

Important Points:

  • If you opt out after choosing presumptive taxation, you may not be allowed to re-enter the scheme for 5 years.
  • If you declare lower income than the presumptive rate, and your total income exceeds the basic exemption limit, you must maintain books and get a tax audit done.

Due Date for Tax Audit:

  • Generally, 30th September of the assessment year (for FY 2023–24, due date is 30th September 2024).

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