Topic

section 44ad

5 articlesLatest July 2026
Section 44AD Income Tax Act | Presumptive Taxation Invalid Beyond Rs. 1 Crore Turnover; Disallowed Expenses Must Be Reconsidered on Remand : ITAT Pune
Case Law Analysis
|Income Tax Appellate Tribunal

Section 44AD Income Tax Act | Presumptive Taxation Invalid Beyond Rs. 1 Crore Turnover; Disallowed Expenses Must Be Reconsidered on Remand : ITAT Pune

The ITAT Pune has ruled that a partnership firm cannot claim presumptive taxation under Section 44AD once gross receipts surpass Rs. 1 crore, even if income was initially declared at 8%. Crucially, it directed the Assessing Officer to reconsider disallowed business expenses on remand, reinforcing that denial of presumptive benefit does not automatically justify blanket expense rejection without proper scrutiny.

Section 44AD | Profit Estimation for Unaccounted Business Must Be Reasonable & Grounded in Audited Accounts, Not Arbitrary Presumptions : ITAT Ranchi
Case Law Analysis
|Income Tax Appellate Tribunal

Section 44AD | Profit Estimation for Unaccounted Business Must Be Reasonable & Grounded in Audited Accounts, Not Arbitrary Presumptions : ITAT Ranchi

ITAT Ranchi slashed the presumptive profit rate from 8% to 3% for an unaccounted electronic goods business, ruling that tax authorities cannot impose arbitrary additions without rejecting books or proving higher margins. The decision reinforces that presumptive taxation under Section 44AD must align with actual business performance, protecting small traders from speculative assessments.