Answer

ITR

Presumptive tax filers and the regime choice

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  1. Facts

    Yes. Presumptive income under Sec 44AD or 44ADA is still business or professional income. To use the old regime you must file Form 10-IEA by the due date. The presumptive rates are the same under both regimes.

  2. Provisions and law

    • Sec 44AD (now Sec 58)Presumptive income of 6% or 8% of turnover for eligible small businesses
    • Sec 115BAC (now Sec 202)New regime is the default; business filers opt out with Form 10-IEA by the Sec 139(1) due date
  3. Analysis

    Presumptive taxation only changes how income is measured, at 6% or 8% of turnover under Sec 44AD (now Sec 58). The regime choice changes slab rates and deductions. A shop owner with ₹8 lakh presumptive income and few deductions often pays less under the new regime. If you want old regime deductions, file the form before the ITR-4 due date.

  4. Conclusion

    1. Compute presumptive income.
    2. Compare old and new regime tax.
    3. File Form 10-IEA if choosing the old regime.
    4. File ITR-4 quoting the acknowledgement.

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