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

Sagarkumar Ishwarbhai Bhavani, Mumbai vs. ITO, Ward-32(3)(3), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 75/MUM/2023[2016-17]Status: DisposedITAT Mumbai30 May 2023AY 2016-17

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.75/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2016-17) Sagarkumar Ishwarbhai बिधम/ Ito, Ward-32(3)(3) Bhavani Room No. 105, C-Wing, Vs. 1St Floor, Kautilya D-103 D-103, Amozan Park Ii Devki Nagar Link Road, Bhavan, Bkc, Bandra Borivali-West-400103. (E), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Agupb5616P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rakesh Joshi (Amicus Curiae) Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 02/03/2023 घोषणा की तारीख /Date Of Pronouncement: 30/05/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 16.12.2022 For Ay. 2016-17. 2. Grounds Raised By Assessee Are As Under: - “1. In The Facts & Circumstances Of The Case & In Law, The Ld. Ao Erred In Wrongly Holding That Service Tax Is Liable To Be Included In The Turnover For The Purpose Of Tax Audit Which Is Against The Definition Of Turnover As Per Institute Of Chartered Accountants Of India Guidelines. Without Prejudice To The Above 2. In The Facts & Circumstances Of The Case & In Law, The Ld. Ao Erred In Adding An Amount Of Rs.8,31,631/- By Adopting Arbitrary Rate Of Net Profit @ 15% While Computing Income As Per Normal Provisions Of The Act & Wrongly Holding That The Appellant Is Outside The Purview Of Section 44Ad & The Cit(A) Erred In Partly Confirming The Same.

For Appellant: Shri Rakesh Joshi (Amicus Curiae)For Respondent: Shri Anil Gupta
Section 234ASection 274Section 28Section 30Section 44A

Mrs. Swatiben Biharilal Parekh, Dhoraji, Dist. Rajkot vs. The Pr. CIT-1, Rajkot

In the result, assessee’s appeal is allowed

ITA 30/RJT/2022[2012-13]Status: DisposedITAT Rajkot18 Apr 2023AY 2012-13

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 30/Rjt/2022 ("नधा"रण वष" / Assessment Year : 2012-13) Mrs. Swatiben Biharilal Pcit बनाम/ Rajkot-1 Parekh Vs. Yamuna Behind Mahakali Lodge St, Road Dhoraji, Rajkot-360410, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajvpp4177H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri Jayesh Dadia, A.R. अपीलाथ" ओर से /Appellant By : Shri Shramdeep Sinha, ""यथ" क" ओर से / Cit.D.R. Respondent By : सुनवाई क" तार"ख / Date Of Hearing 05/04/2023 घोषणा क" तार"ख /Date Of 18/04/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 31.01.2022 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) By The Principal Commissioner Of Income Tax, Rajkot-1 (Hereinafter Referred To As ‘The Pcit’), Arising Out Of The Order Dated 27.12.2019 Passed By The Learned Ito, Ward-2(1)(1), Rajkot Under Section 143(3) R.W.S. 147 Of The Act For Assessment Year 2012-13. Ita No. 30/Rjt/2022 (Mrs. Swatiben Biharilal Parekh Vs. Pcit) A. Y. 2012-13 - 2- 2. We Have Heard The Rival Submissions Made By The Respective Parties & We Have Also Perused The Relevant Materials Available On Record.

For Appellant: Shri Shramdeep Sinha
Section 143(3)Section 148Section 263Section 44ASection 5