Answer

ITR

Declaring less than the presumptive rate

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  1. Facts

    You can declare lower income, but then you must keep books and get a tax audit if total income exceeds the basic exemption limit, and file ITR-3. If you had opted for Sec 44AD and then opt out, you cannot return to it for the next five years.

  2. Provisions and law

    • Sec 44AD (now Sec 58)Presumptive business income at 6% of digital and 8% of other receipts for eligible businesses
    • Sec 44AB (now Sec 63)Tax audit, including when lower income than presumptive is declared
    • Sec 44AA (now Sec 62)Books of account
  3. Analysis

    On ₹1,20,00,000 turnover, 6% is ₹7,20,000; showing 3% means ₹3,60,000, saving tax on ₹3,60,000. Against that, you pay for books and audit, and lose the scheme for five years. If the low margin is a one-time event, the saving may not be worth it. Decide with your accountant before the due date.

  4. Conclusion

    1. Compare tax saved with the cost of books and audit
    2. Consider the five-year bar on re-entry
    3. If declaring lower, prepare books and get the audit
    4. File ITR-3 by the audit due date

The five-year bar in Sec 44AD(4) applies when you opt out after having opted in; check your past years before deciding.

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Presumptive income tax return, ITR-4 (Sugam), Sec 58 (old 44AD, 44ADA, 44AE)

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