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Microlesson · 5-min read

Presumptive taxation schemes – Sections 44AD (business), 44ADA (professions), 44AE (goods carriages)

## Presumptive Taxation — Sections 44AD / 44ADA / 44AE

### Section 44AD — Eligible Businesses

ItemDetail
Eligible assesseeResident Individual, HUF, or Firm (other than LLP)
Not applicable toPersons covered u/s 44AE/44ADA; persons earning commission/brokerage; agency businesses; persons claiming benefit u/s 10AA or Chapter VI-A (Heading C)
Turnover limit₹2 crore (raised to ₹3 crore if cash receipts ≤ 5%)
Presumptive income8% of turnover received in cash; 6% of turnover received via prescribed modes (received within the P.Y. or before the 139(1) due date)

Lock-in — Section 44AD(4):

  • Once opted, the assessee must declare under Section 44AD for the next 5 consecutive A.Ys.
  • If the assessee stops declaring under 44AD in any of those years, they lose the 44AD benefit for the next 5 years following the year of non-declaration (and must maintain books / get audited if income exceeds BEL).

### Section 44ADA — Notified Professions

ItemDetail
Eligible assesseeResident Individual or partnership (other than LLP) in a notified profession u/s 44AA(1)
Gross receipts limit₹50 lakh (≤ ₹75 lakh if cash receipts ≤ 5%)
Presumptive income50% of gross receipts (or higher, if claimed)

### Section 44AE — Plying/Hiring/Leasing Goods Carriages

ItemDetail
Eligible assesseeAny assessee owning not more than 10 goods carriages at any time during the P.Y.
Presumptive income₹1,000 per ton per month (or part) for each heavy goods vehicle (gross/unladen weight); ₹7,500 per month (or part) for other goods vehicles

### Common Conditions / Clarifications

  • Deemed deductions: All deductions under Sections 30–38 are deemed already allowed. No separate set-off of depreciation or unabsorbed depreciation.
  • Business losses: Losses u/s 72, 73, 73A can be set off against presumptive income.
  • Interest & remuneration to partners: Allowed (subject to Section 40(b) limits) only under Section 44AE. NOT deductible under Sections 44AD and 44ADA.

Worked example

### Example 1

Example — 44AD income. A resident firm (non-LLP) has turnover ₹1.5 crore: ₹1 crore via bank and ₹50 lakh in cash. Presumptive income = 6% × ₹1 crore (₹6,00,000) + 8% × ₹50 lakh (₹4,00,000) = ₹10,00,000.

### Example 2

Example — 44AD(4) lock-in. A firm declares u/s 44AD in AY 2026-27 and AY 2027-28, but opts out in AY 2028-29. It loses 44AD eligibility for AY 2029-30 to AY 2033-34 and can re-opt only from AY 2034-35.

### Example 3

Example — 44ADA. A consultant has gross receipts of ₹40 lakh. Presumptive income = 50% × ₹40 lakh = ₹20,00,000 (or higher if actually claimed).

### Example 4

Example — 44AE. An operator owns 3 trucks: one heavy goods vehicle of 15 tons for 12 months and two light vehicles for 12 months each. Income = (15 × ₹1,000 × 12) + (2 × ₹7,500 × 12) = ₹1,80,000 + ₹1,80,000 = ₹3,60,000.

⚠️ Common exam mistakes

  • Allowing 44AD to an LLP — only Individual/HUF/Firm (other than LLP) qualify.
  • Applying 8% to all turnover — digital/bank receipts attract 6%.
  • Deducting partner interest/remuneration under 44AD or 44ADA — that is allowed only under 44AE.
  • Using ₹7,500 per month for heavy goods vehicles — heavy vehicles are charged at ₹1,000 per ton per month.
  • Counting more than 10 goods carriages and still applying 44AE (eligibility lost above 10).
  • Forgetting the 5-year lock-in and the 5-year disqualification under Section 44AD(4).
Reference: Sections 44AD, 44ADA, 44AE [and 44AD(4)] — Income-tax Act, 1961
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