https://www.taxtmi.com/caselaws?id=16739 A presumptive taxation scheme under section 44AD was treated as optional because sub-section (5) allows an assessee to claim lower profits and produce evidence, after which assessment proceeds in the ordinary manner. The contention based on section 40(b) was rejected because that provision is restrictive and does not itself create a deduction. The challenge to the vires of section 44AD and Circular No. 737 failed, and the grievance that the assessee's case fell within section 44AD(5) was held to arise from the assessment order and was to be pursued in appellate proceedings, not writ jurisdiction. en-us Tue, 28 Jan 1997 00:00:00 +0530 Wed, 09 Sep 2009 17:19:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=16739 A presumptive taxation scheme under section 44AD was treated as optional because sub-section (5) allows an assessee to claim lower profits and produce evidence, after which assessment proceeds in the ordinary manner. The contention based on section 40(b) was rejected because that provision is restrictive and does not itself create a deduction. The challenge to the vires of section 44AD and Circular No. 737 failed, and the grievance that the assessee's case fell within section 44AD(5) was held to arise from the assessment order and was to be pursued in appellate proceedings, not writ jurisdiction. Case-Laws Income Tax Tue, 28 Jan 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=16739