passed under section 143(3) on 10.10.2018. The
assessee was having six vehicles and he offered income under section
44AE ... written that:
"following sub-section (2) shall be substituted for the existing
sub-section (2) of section 44AE by the Finance
same. He submitted that the assessee cannot compute it as
per section 44AE of the Income ... clarity, section 44AE of the Act is reproduced as under:-
44AE. (1) "Notwithstanding anything to the contrary contained in sections
case and in overlooking mandatory
provisions of sub-section(5) of section 44AE of the Income-tax Act, 1961 and in
no following the settled ... except challenging the jurisdiction by adverting the provision
of sub- section 5 of section 44AE could not place any evidential material
showcasing nexus of cash
income under the presumptive schemes of taxation
i.e Section 44AD and Section 44AE of the Act, therefore, the same
had to be accepted ... deeming provisions provided in the statute, viz.
Section 44AD (contract work of coal lifting) and Section 44AE
(business of plying of heavy goods vehicles
assessment made under sub-section (3) of section 143 .
(7) Notwithstanding anything contained in the foregoing provisions of this section, an
assessee may claim lower ... under sub-section (2) of section 44AA and gets his accounts audited and furnishes a
report of such audit as required under section 44AB .
Explanation
2019
A.Y. 2010-11
Page 5 of 10
Profit u/s 44AE: Rs.38,000/-
Income from Other Sources
i. Income from Work ... entrusted to this local person, income therefrom has been
assessed u/s 44AE by the AO. Nothing further consequently
remains. The on ly factual matrix
have the same meaning as in the Explanation to sub-
section (7) of section 44AE ."
4) Section
provisions of Section 44AD once immediately preceding assessment years namely
and 44AE. These sections are not applicable Assessment Years 2011-12 to 2012-13, claim ... under
presumptive taxation shame viz. 44AD.
Therefore, the provisions of section 44AD
and 44AE do not apply to the assessee.
4 The assessee has furnished
appeal before it against the
assessment order dated 28.03.2016 passed u/s 143(3) of the Income
Tax Act, 1961 (hereinafter referred ... income from other sources of Rs. 372371/-,
income under section 44AE amounting to Rs. 60000/-. Assessee during
the year also sold agriculture land situated village
under sub-section (2) of section 44AA and get
them audited and furnish a report of such audit as required
under section 44AB ... business of plying, hiring or
leasing goods carriages referred to in section 44AE;
and
(ii) whose total turnover or gross receipts in the
previous year
