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Section 44AD presumptive taxation: profit calculation with examples

For small traders and businesses, Section 44AD offers a simple deal: declare at least 6% or 8% of turnover as profit, skip detailed books and audit, and pay advance tax once by 15 March. Under the Income-tax Act, 2025 the scheme is Section 58. Here is how it works.

Section 44AD of the Income-tax Act, 1961 – now Section 58 of the Income-tax Act, 2025, merged in a table with the schemes for professionals and transporters – lets small businesses compute income as a fixed percentage of turnover. It saves the cost of detailed books and audit and reduces disputes.

Who is eligible

Condition Rule
Person Resident individual, HUF or partnership firm (not LLP)
Business Any business, except plying/hiring goods carriages (44AE), commission/brokerage, agency business
Not for Professions under Section 44AA(1) (they use 44ADA)
Turnover ≤ ₹2 crore; ≤ ₹3 crore if cash receipts ≤ 5% of total receipts
Excluded Those claiming deductions under Sections 10A, 10AA, 10B, 10BA or 80HH–80RRB in the year

Presumptive rates

Receipts Minimum profit
Received by account-payee cheque, draft, ECS, UPI or other electronic mode by the due date of return 6%
Cash and other receipts 8%

You can always declare a higher profit. Once income is computed under 44AD, all business expenses (including depreciation, partner salary and interest) are deemed allowed.

Worked example 1: kirana and wholesale trader

Example: Rakesh runs a grocery wholesale business in Alipur. Turnover in FY 2025-26: ₹1.85 crore, of which ₹1.70 crore was received through bank/UPI and ₹15 lakh in cash.

Component Amount Rate Presumptive income
Digital receipts ₹1,70,00,000 6% ₹10,20,000
Cash receipts ₹15,00,000 8% ₹1,20,000
Total ₹1,85,00,000 ₹11,40,000

His actual profit, by his own estimate, is about 5%. Declaring 6.2% average avoids books and audit. Under the new regime, tax on ₹11,40,000 (with no other income) is nil because of the ₹12 lakh rebate – a significant advantage.

Worked example 2: the ₹3 crore limit

Example: Neha Enterprises, a partnership firm in Wazirpur, has turnover of ₹2.75 crore, with cash receipts of ₹11 lakh (4%).

  • Cash receipts ≤ 5% → limit is ₹3 crore → eligible.
  • Presumptive income = 6% × ₹2.64 crore + 8% × ₹11 lakh = ₹15,84,000 + ₹88,000 = ₹16,72,000.
  • Firm tax at 30% + 4% cess (no surcharge below ₹1 crore) ≈ ₹5,21,664.
  • No deduction for partners' remuneration or interest.

If cash receipts were 7%, the limit would be ₹2 crore and the firm would be out of 44AD, needing books and a tax audit.

Opting out and the five-year lock-in

If you opt for 44AD in a year and then declare lower profit in any of the next five years, you cannot use 44AD for the following five years. During that period, you must maintain books and get an audit whenever income exceeds the basic exemption limit.

Example: A trader opts for 44AD in FY 2023-24, declares 4% in FY 2025-26 (opting out). He cannot use 44AD from FY 2026-27 to FY 2030-31.

Books and records

Formal books under Section 44AA are not required for 44AD cases, but you should keep:

  • bank statements and UPI reports to prove the digital/cash split;
  • purchase and sales invoices (GST records);
  • stock details;
  • records supporting turnover in the return (it is matched with GST returns and AIS).

Advance tax

Pay 100% by 15 March. Missing it attracts interest of 1% per month under Section 234C for the March shortfall and 234B if unpaid by 31 March.

ITR form

ITR-4 (individuals, HUFs, firms other than LLPs) if total income ≤ ₹50 lakh and no other disqualification; otherwise ITR-3 (individuals/HUFs) or ITR-5 (firms).

Under the 2025 Act

From Tax Year 2026-27, the scheme is in Section 58 with the same limits and rates. The audit trigger for declaring lower profit is in Section 63. See the tax audit checker.

Common mistakes

  • Counting digital receipts received after the return due date as "6%" – they are 8%.
  • Using 44AD for commission agents or professionals.
  • Partnership firms deducting partner salary from presumptive income.
  • Declaring lower profit one year without realising the five-year bar.
  • Mismatch between GST turnover and turnover in ITR.

Key takeaway

44AD suits small traders with margins near or above 6–8%. Keep digital receipts high to use the 6% rate and the ₹3 crore limit, pay advance tax by 15 March, and think twice before opting out. Our ITR and accounting teams help traders in Rohini, Narela and Bawana choose and document the presumptive scheme.

Official references

Provisions discussed (summaries in our Law Library):

Official sources to verify the current text, notifications and circulars:

Frequently asked questions

What is the turnover limit for Section 44AD?

₹2 crore, increased to ₹3 crore where cash receipts do not exceed 5% of total turnover or gross receipts in the year.

Who cannot use Section 44AD?

LLPs, companies, non-residents, persons carrying on professions under Section 44AA(1), persons earning commission or brokerage income, and agency businesses. Those who claimed certain deductions (like 10A, 80-IB) are also excluded.

Can I declare profit below 6% or 8%?

Yes, but then you must maintain books of account and get a tax audit if your total income exceeds the basic exemption limit. If you opt out within five years of opting in, you cannot use the scheme for the next five years.

When is advance tax due for 44AD taxpayers?

The entire advance tax is payable on or before 15 March of the financial year.

Is a partnership firm under 44AD allowed to deduct partners' salary?

No. From FY 2016-17, presumptive income under Section 44AD is final – no further deduction is allowed for partners' remuneration or interest.

Can a trader with a loss use 44AD?

If actual profit is below the presumptive rate, the trader can declare the lower profit but must keep books and get a tax audit if income exceeds the basic exemption limit, and the five-year bar applies.

Is GST part of turnover for 44AD?

Turnover for 44AD should exclude GST collected, as GST is not part of the business's income.

Can a person with commission income use 44AD for other business?

Commission income itself is excluded, but a separate eligible business can be offered under 44AD while commission is computed under normal provisions.

This article is general information on the law as on 10 November 2026, written for educational purposes. It is not professional advice for your case. Section numbers under the Income-tax Act, 2025 should be confirmed with the official section mapping on the Income Tax Department website before use in filings.

CA Dilbagh Singh
CA Dilbagh SinghChartered Accountant in practice and Member of the Institute of Chartered Accountants of India, with 15 years in practice in income tax, GST, audit and company compliance. Office: Rohini, Delhi.Related service: Tax audit & statutory audit · Tools: free tax tools · Law Library

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