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Appellant Allowed Under Section 44ADA for Working Partner's Remuneration in Presumptive Taxation Scheme

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Full Text of the Document

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....The ITAT allowed the appellant's appeal, directing the AO to assess the assessee under section 44ADA. The tribunal rejected the Revenue's contention that the assessee, receiving remuneration as a working partner, was ineligible for the presumptive taxation scheme under section 44ADA. It held that neither claiming expenditure nor carrying out independent professional activities outside the partnership is a precondition for invoking section 44ADA. The tribunal applied a strict interpretation, overruling the AO's and DR's arguments, and clarified that remuneration received as a partner in a firm engaged in specified professional activities qualifies for presumptive income computation under section 44ADA. The matter was remanded for assessment in accordance with the applicable law.....