Miscellaneous Provisions – Section 44AA/AB (Books & Audit)
Running a business isn't just about making profit; it's about claiming it correctly! The Income Tax Act mandates strict rules on who must keep Books of Accounts and who needs a Tax Audit by a CA.
Maintenance of Books of Accounts (Section 44AA)
Who must maintain books?
1. Specified Professionals
Doctors, Lawyers, Engineers, Architects, CAs, Movie Artists, etc.
- Requirement: MUST maintain books if Gross Receipts > ₹1,50,000 in any of the 3 preceding years.
- (Basically, almost all professionals must maintain books).
2. Business & Other Professions
- Requirement:
- Income > ₹2.5 Lakhs OR
- Turnover > ₹25 Lakhs
- (In any of the 3 preceding years).
- Small Business: If below these limits, no prescribed books needed (but basic records recommended).
Penalty: Flat ₹25,000 for failure to maintain books (Section 271A).
Compulsory Tax Audit (Section 44AB)
When your turnover crosses a threshold, your books must be audited by a Chartered Accountant.
Threshold Limits for Audit (FY 2024-25):
| Category | Audit Mandatory If... |
|---|---|
| 1. Business (Normal) | Turnover > ₹1 Crore |
| 2. Business (Digital) | Turnover > ₹10 Crore (If Cash Receipts & Payments < 5%) |
| 3. Profession | Gross Receipts > ₹50 Lakhs |
| 4. Presumptive Cases | Declaring Profit < 8%/6%/50% AND Income > Basic Exemption Limit |
Example 1:
- Mr. A (Trader) Turnover: ₹2 Crores. Cash sales 10%.
- Audit: Yes (limit ₹1 Cr crossed, cash > 5%).
Example 2:
- Mr. B (Trader) Turnover: ₹8 Crores. All digital.
- Audit: No (Limit is ₹10 Cr for digital businesses).
Example 3:
- Dr. C (Doctor) Receipts: ₹60 Lakhs.
- Audit: Yes (> ₹50L).
Presumptive Opt-Out
If you opt for Section 44AD (8% profit) and then declare lower profit (e.g., 4%) in a subsequent year, you must get an Audit done, regardless of turnover (if income > ₹2.5L).
Due Dates
- Tax Audit Report (Form 3CD): By September 30th.
- Income Tax Return (ITR): By October 31st (for audit cases).
Penalty for No Audit: 0.5% of Turnover (Max ₹1.5 Lakhs).
Summary
- Section 44AA: Keep books if Inc > ₹2.5L or Sales > ₹25L (Specified Professionals > ₹1.5L receipts).
- Section 44AB (Audit):
- Business > ₹1 Cr (₹10 Cr if 95% digital).
- Profession > ₹50 Lakh.
- Below Presumptive Limits if claiming lower income.
- Digital Push: The jump from ₹1 Cr to ₹10 Cr limit is to encourage cashless transactions.
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