Section 44AD of the Income Tax Act

Income-tax Act, 2025: s.58

Section 44AD of the Income-tax Act, 1961 corresponds to section 58 (Special provision for computing profits and gains of business or profession on presumptive basis in case of certain residents) of the Income-tax Act, 2025.

Read section 58 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 44AD is Nikunj Eximp Enterprises v. CIT (216 Taxmann 171), cited in 325 of the 2,222 judgments on BharatTax that turn on this section.

Leading authorities on Section 44AD

Nikunj Eximp Enterprises v. CIT
216 Taxmann 171 · 2013 · High Court
325
citing judgments

Purchases may be treated as genuine even if the purchase parties are untraceable or not available for verification, as long as there is no specific evidence from the parties themselves denying the transactions or proving them to be bogus.

Glass Lines Equipments Company Ltd. v. CIT
253 ITR 454 · 2002 · High Court
150
citing judgments

The Assessing Officer cannot selectively accept parts of a statement or seized evidence that are favourable to the revenue while rejecting other parts favourable to the assessee without proper investigation; the evidence must be considered as a whole. Additions cannot be made based on mere presumptions or surmises without further inquiry.

Venkataswami Naidu & Co. v. CIT
35 ITR 594 · 1959 · Supreme Court
133
citing judgments

A transaction is considered an adventure in the nature of trade, constituting business income, if there is a pre-determination to sell an asset at a profit. Conduct prior to purchase, as well as subsequent improvements, are relevant in determining the character of the transaction.

CIT v. Simon Carves Ltd.
105 ITR 212 · 1976 · Supreme Court
85
citing judgments
CIT v. K. S. M Guruswamy Nadar and Sons.
149 ITR 127 · 1984 · High Court
78
citing judgments

Where separate additions are made for suppressed profit and unexplained cash credits under section 68, the assessee can explain that the suppressed profit accounts for the cash credit, allowing for telescoping of additions to prevent double taxation.

(CIT v. R. Venkataswamy Naidu
29 ITR 529 · 1956 · Supreme Court
63
citing judgments

The assessee bears the onus to establish any claim for exemption, including agricultural income, by providing proper evidence and materials. The assessing officer is not primarily burdened with proving the assessee's claims.

Raja J. Rameshwar Rao v. CIT
42 ITR 179 · 1961 · Supreme Court
54
citing judgments

A transaction, even if appearing to be in the capital field or recorded as such, can constitute an 'adventure in the nature of trade,' leading to taxable income from business rather than capital gains.

CIT v. Raj Pal Bhatia
333 ITR 315 · 2011 · High Court
54
citing judgments

A statement recorded under Section 132(4) during a search operation is not considered "books of account," "documents," or "assets found or seized" for the purpose of initiating search assessments under Chapter XIVB (e.g., Section 158BD or 153C). Such a statement is created during the search and cannot solely form the basis for assessment without other incriminating material found.

Pr. CIT v. Best Infrastructure (I) Pvt. Ltd.
397 ITR 182 · High Court
53
citing judgments

Additions to income cannot be made solely on the basis of a statement or confession recorded during a search operation. Such additions require corroborating incriminating material or other independent evidence to be permissible.

Raja Bahadur Kamakhya Narain Singh v. CIT
77 ITR 253 · 1970 · Supreme Court
49
citing judgments

The Supreme Court clarifies the distinction between income chargeable as capital gains and income taxable as business profits, guiding the assessment of whether a transaction constitutes a transfer of a capital asset or is in the nature of trade.

Judgments on Section 44AD

Bhaveshbhai Haribhai Kanani, Jamnagar vs. ITO WD-1(3) Jamnagar, Jamnagar

In the result, appeal filed by the assessee is allowed

ITA 254/RJT/2025[2018-19]Status: DisposedITAT Rajkot05 Aug 2025AY 2018-19

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.254/Rjt/2025 "नधा"रण वष"/Assessment Year : 2018-19 Bhaveshbhai Haribhai Income Tax Officer, बनाम/ Kanani, Ward-1(3), Jamnagar, Taranjali Vs Buildng, Income Tax Officer, Nr. Plot No.E211, Gidc Phase- 2 Dared, Jamnagar-361008 Amber Cinema, Pt. Nehru Marg, Hospital Rod, Jamanagar-361 008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acypk 5085 F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 15/05/2025 घोषणा क" तार"ख /Date Of Pronouncement : 05/08/2025 आदेश/Order Per, Dr. Arjun Lal Saini, Am Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2018-19, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 18.11.2024, Which In Turn Arises Out Of A Penalty Levied U/S 271B Of The Act, Dated 23.11.2021. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “The Ld. Cit(A) Erred In Law As Well On Fact In Upholding Penalty Of Rs.1,50,000 Imposed By Ld.Ao U/S 271B Of The Act.”

For Appellant: Shri Chetan Agarwal, ARFor Respondent: Shri Dheeraj Kumr Gupta, Sr-DR
Section 142(1)Section 143(2)Section 250Section 271BSection 274Section 44A

Reena Bhatia, Ludhiana, Punjab vs. Jao the Income Tax Officer Ward 7(1) Ldh, Punjab

In the result, the sale figures for April to June, 2017 for Rs

ITA 339/CHANDI/2025[2018-2019]Status: DisposedITAT Chandigarh04 Aug 2025AY 2018-2019

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.339/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2018-19) Ms. Reena Bhatia Ito Ward-7(1) 64-C, Civil Lines Ludhiana. 141001 बनाम/ Vs. Udham Singh Nagar Ludhiana-141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abfpb-7700-G (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 17-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 10-01-2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 03-06-2021. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 44ASection 69A

Thottiapatti Muthusamy Mohan, Namakkal vs. The Income Tax Officer, Circle-1, Namakkal

In the result, the appeal filed by the assessee is partly allowed

ITA 1327/CHNY/2025[2016-17]Status: DisposedITAT Chennai30 Jul 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1327/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Thottiapatti Muthusamy Mohan, Vs. The Income Tax Officer, 629, Salem Road, Circle 1, Namakkal 637 001. Namakkal. [Pan:Aldpm2174M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, F.C.A. ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 30.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.03.2025 Passed By The Addl/Jcit(A)-13, Mumbai For The Assessment Year 2016-17. 2. The Assessee Raised 6 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer By Passing Exparte Order In The Facts & Circumstances Of The Case.

For Appellant: Shri T.S. Lakshmi Venkataraman, F.C.AFor Respondent: Ms. V. Supraja, Addl.CIT
Section 143(1)Section 143(2)Section 194CSection 253(6)