Answer

ITR

Opting out of Sec 44AD and the five-year lock-in

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  1. Facts

    Yes, but under Sec 44AD(4) (now within Sec 58) a person who opts out after using the scheme cannot use it again for the next five years. If income is then below the presumptive rate and above the basic exemption, a tax audit is required.

  2. Provisions and law

    • Sec 44AD(4), Income-tax Act 1961 (now Sec 58, Income-tax Act 2025)A person who opts out of Sec 44AD cannot use it for the next five years
    • Sec 44AB(e), Income-tax Act 1961 (now Sec 63, Income-tax Act 2025)Tax audit where income is shown below the presumptive rate after the Sec 44AD(4) lock-in applies and income exceeds the basic exemption
    • Sec 44AD, Income-tax Act 1961 (now Sec 58, Income-tax Act 2025)Presumptive business income at 6% of digital or 8% of other turnover, up to ₹2 crore (₹3 crore if cash receipts are within 5%)
  3. Analysis

    Example: a trader declared 6% under Sec 44AD in FY 2024-25 and has a ₹1 lakh loss in FY 2025-26. Opting out means ITR-3 with books, and since income is below 6% the audit question arises; if total income is below the exemption limit, audit under Sec 44AB(e) may not apply. Plan before switching.

  4. Conclusion

    1. Check the years you used Sec 44AD
    2. Compute income on books
    3. Check whether audit is triggered
    4. Decide with your CA before filing
    5. File ITR-3 with the right details

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