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Likewise under section 44ADA for assessees engaged in profession referred to in subsection (1) of section 44AA such as legal, Medical, Accountancy, Technical Consultancy. Interior Decoration etc., if their gross receipts are less than Rs. 50 Lakhs, then 50% of the turnover shall be deemed to be the income from Business, unless they declare more than that and any deduction allowable under sections from 30 to 38 shall deemed to have been allowed. It has been specifically stated that no further deductions under those sections shall be allowed. Right from the inception in the case of Firms no deduction was specifically allowed as it was allowed u.s. 44AD.
Similarly under section 44AE for Assessees engaged in business of plying, leasing or hiring of trucks owning not more than 10 trucks at any time during the previous year, income will be estimated @ Rs. 7,500/- p.m. per truck unless they declare more than that and any deduction allowable under sections from 30 to 38 shall deemed to have been allowed. In the case of Firms, interest and salary were specifically allowed as deduction subject to limits specified under section 40(b). Further the concession extended u.s 44AD with regard to receipts in modes other than cash is not proposed.
Though under all these sections if lower income is offered they have to maintain the prescribed books of account and get them audited under section 44AB, under section 44AD alone the return can be filed even without audit report also and such returns will be subjected to scrutiny under section 143(3).
Fortunately the restriction stipulated under section 44AD relating to denial of benefit of presumptive taxation for five years once the assessees offer less income after offering income under this scheme is not found in sections 44ADA & 44 AE.
While, in the case of Firms, the salary and interest, which were specifically allowed for assesses offering income under section 44AE, the specific proviso is missing in sections 44AD and 44ADA. In my opinion since it has been provided in section 44AD and 44ADA that only ‘deduction allowable under sections from 30 to 38 shall deemed to have been allowed and no further deduction under those sections shall be allowed, the Assessees, which are Firms, offering income under sections 44AD and 44ADA can claim the salary and interest paid to Partners also about which there is no mention in sections 30 to 38 and the allowable limits are specified in section 40(b) only. Moreover it is also reasonable to allow the deduction of interest and salary to Partners since the same will be subjected to tax in their hands along with other incomes earned by them.
Likewise the concession in the rate of calculation of income offered for digital transactions under section 44AD may be extended to the Assessees who are offering income under section 44ADA and 44AE also.
The rate of 50% of gross receipts to be offered as income is very high for professionals. Few Professionals who give opinion/advise/consultation only may be able to retain 50% of their gross receipts as profit. But other regular professionals, who are in majority, have to maintain regular office supported by trained staff with computer, vehicle etc., wherein they will not be able to retain 50% of their earnings as profit. This may be brought to at least 25%.