2024 (8) TMI 1652

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....earing, ld. AR of the assessee brought to our notice return of income filed by the assessee for the AY 2020-21 wherein the status of the assessee was clearly mentioned as non-resident as residential status of the assessee in ITR 3 filed on 16.12.2020 with the acknowledgement no.826193800161220. With the above facts on record, he submitted that the authorities below proceeded to apply the provisions of section 44ADA of the Income-tax Act, 1961 (for short 'the Act') for the reason that assessee has not maintained proper books of account for carrying on the professional activities, therefore, they applied the presumptive tax @ 50%. He submitted that provisions of section 44ADA are not applicable to the non-resident and it was wrongly applied i....

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....nce, as per the provisions of section 44ADA, all deductions allowable u/s 30 to 38 are deemed to be allowed. 4.5 Therefore irrespective of the fact that the expenditure has been incorporated in a wrong column or otherwise, the entire claim of expenditure, cannot be allowed and therefore the restriction imposed by the CPC while processing the return of income u/s 143(1) and the subsequent rejection for rectification u/s 154 is found to be in order and does not call for any interference. The JAO is directed to compute the taxable income accordingly. 5. As a result, the grounds of appeal of the appellant are dismissed." Accordingly, he prayed that the addition proposed by the Assessing Officer and sustained by the ld. CIT ....

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....year 2019 20 in respect of business or profession For assessee carrying on Business - Gross turnover/Gross receipts (al +až) 0 1 Through a/e payee cheque or ale payee bank draft or bank electronle clearing system received or other prescribed electronic modes before specified date 0 2 Any other modo C h Gross profit 0 Expenses 0 Net profit 641 0 For assessee carrying on Profession Gmas turnover/Gross receipts (al+a2) 1000 1 Through a/c payce cheque or ale payee bank draft or bank electronle clearing system received before specified date al 1000 2 Any other mode 02 Gross profit 1000 Expenses 0 Net profit 1000 Total Profli (840)d+ 64(Ii)d) 6411 1000 İ T....