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Compulsory Tax Audit Under Section 44AB – Profits and Gains of Business and Profession

Section 44AB of the Income Tax Act, 1961 mandates a compulsory tax audit for businesses and professionals exceeding specified turnover/gross receipt thresholds. The audit ensures compliance with tax laws and accurate reporting of income, deductions, and taxes. 1. Applicability of Tax Audit A.  For Businesses SCENARIO THRESHOLD EXCEPTIONS General Rule Turnover > ₹1 crore – Reduced Cash Transactions (≤5%) Turnover […]

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Compulsory Tax Audit Under Section 44AB Even if Accounts Are Audited Under Other Laws

Yes, a tax audit under Section 44AB is compulsory even if the accounts are already audited under: Other laws(e.g., Companies Act, 2013, GST, RBI regulations) Other provisions of the Income Tax Act(e.g., Section 44DA for non-residents) However, the compliance process differs based on whether another audit has been conducted. 1. When Accounts Are Audited Under Other Laws (e.g., Companies Act) Form

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Rule 6G: Report of Audit of Accounts under Section 44AB

1. Purpose of Rule 6G Prescribes the forms and mannerfor submitting tax audit reports Mandates the format and contentsof audit reports to be filed Ensures standardized disclosureof financial information to tax authorities 2. Key Forms Prescribed FORM APPLICABILITY DUE DATE Form 3CA For taxpayers already required to audit under other laws (Companies Act, etc.) 30th September Form 3CB

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Section 44AD: Special Provisions for Computing Profits & Gains of Eligible Businesses

Section 44AD provides a presumptive taxation scheme for small businesses, allowing them to declare income at a fixed rate without maintaining detailed books of accounts. 1. Applicability ✅ Eligible Businesses: Retail traders Wholesalers Manufacturers (turnover ≤ ₹2 crore) Service providers(except professionals covered under Section 44ADA) ❌ Excluded Businesses: Professionals(doctors, lawyers, CAs – covered under Section 44ADA) Transport operators(covered under Section 44AE)

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Section 44ADA: Presumptive Taxation Scheme for Professionals

Section 44ADA of the Income Tax Act, 1961 provides a simplified presumptive taxation scheme for eligible professionals, allowing them to declare income at a fixed rate without maintaining detailed books of accounts or undergoing a tax audit. 1. Applicability ✅ Eligible Professionals: Doctors(Physicians, Surgeons, Dentists) Lawyers(Advocates, Solicitors) Chartered Accountants (CAs) Architects Engineers Interior Designers Technical Consultants Film Artists(Actors, Directors, Musicians) Company Secretaries (CS) Other notified professionals

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Section 44AE: Presumptive Taxation Scheme for Goods Carriage Businesses

Section 44AE of the Income Tax Act, 1961 provides a simplified presumptive taxation scheme for businesses engaged in plying, hiring, or leasing goods carriages. It allows taxpayers to declare income at a fixed rate without maintaining detailed books of accounts or undergoing a tax audit. 1. Applicability ✅ Eligible Businesses: Owners of goods carriages(trucks, trailers, lorries, etc.) Transport operators(hiring or leasing vehicles) Individuals, HUFs, or firms(not

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Tax Implications of Specific Management Decisions in Business

1. Dividend Declaration vs. Retained Earnings Dividends: Taxable in shareholders’ hands (10% TDS if >₹5,000) No deduction for company (Dividend Distribution Tax abolished) Retained Earnings: No immediate tax impact Future capital gains tax when shares are sold Tax-Smart Approach: Retain earnings if shareholders are in high tax brackets; declare dividends if tax-efficient. 2. Lease vs.

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Section 45(1): Basis of Charge for Capital Gains

Section 45(1) of the Income Tax Act, 1961 is the foundational provision that defines how and when capital gains are taxed. It establishes that any profits arising from the transfer of a capital asset in a financial year shall be chargeable to tax under the head “Capital Gains”. 1. Key Principles Under Section 45(1) A.  Chargeability Conditions For capital gains to be taxable: There must be

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Capital Asset [Section 2(14)] – Definition & Tax Implications for Capital Gains

1. Legal Definition (Section 2(14)) A capital asset means: Property of any kind held by an assessee (whether connected with business/profession or not) Includes: Real estate (land, buildings) Securities (shares, bonds, mutual funds) Jewelry, art, antiques Vehicles (if not stock-in-trade) Intangible assets (goodwill, patents, copyrights) Exclusions (Not treated as capital assets): Stock-in-trade (business inventory) Personal effects (clothing,

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Types of Capital Assets for Capital Gains Taxation

Capital assets are classified into different categories under the Income Tax Act, 1961, each with unique tax implications. Below is a structured breakdown: 1. Classification Based on Nature A. Tangible Capital Assets 1.  Immovable Property Land & buildings (residential/commercial) Tax Treatment: STCG (≤24 months):Slab rate LTCG (>24 months):20% with indexation 2.  Movable Assets Jewelry, gold, precious

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