Income opted under the ITR Form-4 applying
provisions of Section 44AD of the Act and accordingly filed her return of Income for the
Assessment ... basis.
12. Section 44AD of the Act reads as under :
"44AD (1) Notwithstanding anything to the contrary contained in sections
assessee has filed return u/s. 139(1)
on 17.10.2020 under COMPUTATION OF PRESUMPTIVE INCOME FROM
PROFESSIONS UNDER SECTION 44AD and declared ... arbitrary higher rate;
iii. section 44ADA cannot be applied indirectly to a case
falling under section 44AD .
Thus, the confirmation of addition by the Learned
assessee filed return of income
and declared business income under section 44AD of the Act. As such
the assessee, declared turnover ... percent, which is higher than the prescribed
rate under section 44AD of the Act. He also stated that he was a partner
assessee filed return of income
and declared business income under section 44AD of the Act. As such
the assessee, declared turnover ... percent, which is higher than the prescribed
rate under section 44AD of the Act. He also stated that he was a partner
assessee filed return of income
and declared business income under section 44AD of the Act. As such
the assessee, declared turnover ... percent, which is higher than the prescribed
rate under section 44AD of the Act. He also stated that he was a partner
2025
notice under section 148 of the Act, the assessee filed Return of Income under
section 44AD of the Act on 17/09/2019 declaring ... Books of Accounts. It was
argued that Sub-section (5) of Section 44AD of the Act which was substituted
by the Finance
2025
notice under section 148 of the Act, the assessee filed Return of Income under
section 44AD of the Act on 17/09/2019 declaring ... Books of Accounts. It was
argued that Sub-section (5) of Section 44AD of the Act which was substituted
by the Finance
adopted turnover.
32. In short, section 43CA can influence the base (turnover) for
section 44AD , but it cannot be used to create a second layer ... statutory substitution contemplated by section 43CA
stands, in substance and effect, already absorbed in the
turnover base used for section 44AD .
ii. Once the Assessing
this section is "any business except the
business of plying, hiring or leasing goods carriages referred to in section 44AE "
Section 44AD ... section will not apply to a person carrying
on profession as referred to in sub-section (1) of section 44AA . Professions
identified in section 44AA
disqualify a person from using the section if
the assessee maintains all condition and criteria of section 44AD of the
Income ... that section 69A of the Act cannot be applied as
neither AO nor CIT(A) have given any reason as to why Section 44AD
