Presumptive taxation for professionals in IT Act

Presumptive taxation for professionals in IT Act

This scheme for the presumptive taxation for professionals was introduced in 2017. The objective of this scheme was to make the tax filings simple and easy. Section 44ADA of income tax Act covers this provision. Let us have a look at the text of section reproduced here: 

44ADA. (1) Notwithstanding anything contained in sections 28 to 43C, in the case of an assessee, being a resident in India, who is engaged in a profession referred to in sub-section (1) of section 44AA and whose total gross receipts do not exceed fifty lakh rupees in a previous year, a sum equal to fifty per cent of the total gross receipts of the assessee in the previous year on account of such profession or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the assessee, shall be deemed to be the profits and gains of such profession chargeable to tax under the head “Profits and gains of business or profession”.

(2) Any deduction allowable under the provisions of sections 30 to 38 shall, for the purposes of sub-section (1), be deemed to have been already given full effect to and no further deduction under those sections shall be allowed.

(3) The written down value of any asset used for the purposes of profession shall be deemed to have been calculated as if the assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years.

(4) Notwithstanding anything contained in the foregoing provisions of this section, an assessee who claims that his profits and gains from the profession are lower than the profits and gains specified in sub-section (1) and whose total income exceeds the maximum amount which is not chargeable to income-tax, shall be required to keep and maintain such books of account and other documents as required under sub-section (1) of section 44AA and get them audited and furnish a report of such audit as required under section 44AB.”

salient features of presumptive taxation for professionals in Income Tax Act: 

1. 50% of gross receipts will be assumed as income for the purpose of calculation of income tax.
2. No deduction for any expanse will be available.
3. No deduction for depreciation will be available.
4. No need to maintain books of accounts.
5. No need for a tax audit. Gross receipts of last year shall not be more than Rs. 50lac.