Section 16 in The Finance Act, 2018
16. Amendment of section 44AE.
- In section 44AE of the Income-tax Act, with effect from
Engg. Ltd
whereas assessee has filed his return of income u/s 44AE of the
Income Tax Act and he is not required to maintain ... books of
accounts as per provisions of section 44AE of the Income Tax
Act, 1961.
2
ITA Nos. 451, 814 & 815/JP/2018
Shri
assessee and that assessee shown the
income of Dumpers Plying u/s 44AE of the Income tax Act. Hence this
addition ... added by the AO as
additional income from Dumper Plying. Applying section 44AE of the
Income tax Act. AO estimated the income of Dumpers Plying
assessee under presumptive tax method prescribed u/s
44AE of the Act. During the course of assessment proceedings, the assessee produced
bank statements ... books of accounts and income from
transport business was offered u/s 44AE of the Act by the assessee. The trucks were
acquired
income of Rs. 1,20,000/- as per the provisions of section 44AE of the Act.
However, the AO during the assessment proceedings requires ... offered in the income tax return under the provision of Section 44AE of
the Act.
4.2 The assessee in compliance thereto justified that
income from transport business was treated
separately and accordingly, shown u/s 44AE of the Act. The Assessing Officer
added the income from transport business ... which according to assessee is to be
assessed to tax u/s 44AE , had ever been debited. Therefore, according to the
CIT(A), claiming
from Mathosri
Road Lines was admitted u/s. 44AE, that the total receipts
from plying of the six own vehicles of M/s. Mathosri Road ... lorries 'for which the income is
disclosed u/s. 44AE. This business had not been given
any separate name and the lorries had been
income to the
extent as per provisions of law u/s 44AE i.e. 4,500/- per month from one
Light transport vehicle and instead ... provisions of law
u/s 44AE while assessing the income of appellant.
4. On the facts & circumstances prevailing in the case
receipts is deemed to be the profits and gains from
business. Section 44AE provides presumptive provisions for the
assessee engaged in the business of plying ... applicable for any business (excluding a business
already covered under section 44AE ) which has a maximum gross
turnover/gross receipts of 40 lakhs
trucks which are plied and income on the basis of Section
44AE was offered for taxation. The AO, however, did not
accept the contention ... assessee owned six trucks only and net income was declared
u/s 44AE of the Act. Therefore, there is no requirement for
the assessee