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Issue ID: 116527
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44AD OR 44ADA

Date 10 Jul 2020
Replies 1 Reply
Views 2979 Views
Asked by
Presumptive taxation under section 44AD may apply to partnership firms operating hospitals if not an excluded profession.
Applicability of the presumptive taxation scheme to a partnership firm operating a hospital turns on three conditions: the assessee must be an eligible resident (individual, HUF or partnership firm other than an LLP); the business must not fall within the statutory exclusions including activities treated as professional practice; and gross receipts must not exceed the statutory turnover ceiling. If the hospital activity is not treated as a profession and receipts are within the turnover threshold, the partnership may compute income under the presumptive scheme. (AI Summary)

WHETHER A PARTNERSHIP FIRM ( 1PARTNER IS NOT A DOCTOR) RUNNING A HOSPITAL WILL BE ELIGIBLE FOR 44AD?

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Replied on Jul 31, 2020
1.

As pr section 44AD on IT Act for computation of income under this section there are three important conditions:

1 Eligible assessee: Individual, HUF and Partnership Firm other than LLP being resident.

2. Eligible business: other than following

i) the business of plying, hiring or leasing goods carriages referred to in section 44AE; or

ii) a person earning income in the nature of commission or brokerage; or

iii) a person carrying on any agency business; and

iv) a person carrying on profession as referred to in sub-section (1) of section 44AA

3. Turnover should not exceed 2 crore rupees.

So, in your case you can compute income of your business under sec 44AD if Turnover does not exceed 2 crores rupees.

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