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Microlesson · 5-min read

Presumptive Taxation — Section 44AD (Small Business)

# Presumptive Taxation — Section 44AD

Section 44AD provides a simplified scheme for small businesses so that they don't have to maintain detailed books or undergo audit.

## Eligible Assessee

  • Resident Individual, HUF, or Firm (not LLP)
  • Engaged in any business EXCEPT:
  • Notified Professions (covered under 44ADA)
  • Section 44AE business (goods carriage)
  • Commission business
  • Agency business

## Eligible Turnover Limit

  • Total turnover / gross receipts up to ₹2 crore in P.Y.
  • Enhanced limit: ₹3 crore, if cash receipts (incl. bearer/crossed cheque) ≤ 5% of total turnover.

## Presumptive Income

Mode of ReceiptPresumptive Income
Turnover received via A/c payee cheque/DD/ECS/electronic mode up to ROI due date6% of such turnover
Other (cash)8% of such turnover

Hence digital receipts are taxed lighter — a deliberate policy push.

## Deductions

  • No further deduction of expenses under sections 30–38 or section 40(b) (partner's remuneration/interest).
  • The 6%/8% is the final taxable income from the business.

## Books & Audit

ScenarioBooks / Audit
Opts into 44ADNot required
Does not opt AND total income exceeds basic exemption limitRequired

## The 5-Year Lock-in Rule

If the assessee declares income under 44AD in a P.Y. and then does NOT declare under 44AD in a subsequent year, he is barred from 44AD for the next 5 years following the year of non-declaration.

## Other Points

  • Advance tax: One installment by 15th March of the P.Y.
  • ROI due date: 31st July

Worked example

### Example 1

Example 1 — Mixed receipts: Mr. A's business turnover is ₹1 crore. ₹70 lacs is received digitally, ₹30 lacs in cash. Presumptive income = (70 lacs × 6%) + (30 lacs × 8%) = ₹4,20,000 + ₹2,40,000 = ₹6,60,000. No further deductions allowed.

### Example 2

Example 2 — Enhanced ₹3 crore limit: Ms. B has turnover of ₹2.8 crore, of which only ₹10 lacs is cash (3.6% of turnover). Since cash is ≤5%, the ₹3 crore limit applies and she is still eligible. Presumptive income = ₹2.7 cr × 6% + ₹10 lacs × 8% = ₹16,20,000 + ₹80,000 = ₹17,00,000.

### Example 3

Example 3 — 5-year lock-in: Mr. C declared income under 44AD for A.Y. 2025-26 but in A.Y. 2026-27 declares as per regular books. He is barred from 44AD from A.Y. 2027-28 to A.Y. 2031-32 (5 years following the year of non-declaration).

### Example 4

Example 4 — LLP: An LLP with turnover of ₹1.5 crore wishes to use 44AD. Not allowed — LLPs are specifically excluded from this section.

⚠️ Common exam mistakes

  • Applying 44AD to an LLP — only Individuals, HUFs and Firms (other than LLPs) qualify.
  • Allowing partner's remuneration/interest as a deduction from presumptive income — section 40(b) deduction is NOT available.
  • Using the 6% rate for all turnover — 6% applies ONLY to receipts through banking channels received up to the ROI due date; the rest is at 8%.
  • Forgetting that the ₹3 crore enhanced limit only applies if cash receipts are ≤5%.
  • Applying 44AD to professionals — they fall under 44ADA, not 44AD.
  • Forgetting the 5-year disqualification rule on opting out.
Bare-Act text Section 44AD · Income Tax Act, 1961 · click to expand
Section 44AD provides that in the case of an eligible assessee engaged in an eligible business, a sum equal to 8% (or 6% in respect of turnover received through prescribed electronic modes) of the total turnover or gross receipts shall be deemed to be the profits and gains of such business chargeable to tax under PGBP. No deduction under sections 30 to 38 shall be allowed. Where an eligible assessee declares profit under this section for any previous year and does not declare such profit in any of the five consecutive previous years thereafter, he shall not be eligible to claim the benefit of this section for five subsequent years.
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