Tax audit u/s 44AB: Who is it applicable to?

If you run a business or earn professional income, you’ll likely have numerous transactions, both for payments received and expenses incurred. To accurately track and record these transactions, you will need to maintain detailed financial statements and accounts.

Now in certain cases, the Income Tax Department (ITD) requires a thorough examination of these accounts to verify that they are accurately maintained and that the expenses claimed are legitimate.

This is exactly what a tax audit is.

Who conducts a tax audit?

A tax audit is carried out by a Chartered Accountant (CA), who ensures that the books of accounts and financial statements are properly maintained. The CA then includes their observations and other necessary details in the tax audit report.

Applicability of tax audit

The applicability of a tax audit depends on the turnover, sales, or gross receipts from a business or profession, along with a few specific conditions.

a) For businesses

If your business turnover crosses ₹1 crore, you need a tax audit. But if you deal mostly in digital payments, not cash, this limit becomes ₹10 crore instead. Here’s the exact rule: cash you receive must be 5% or less of your total receipts, and cash you pay out must be 5% or less of your total payments. Both need to be true. If even one goes over 5%, you’re back to the ₹1 crore limit. One small catch: a cheque that isn’t “account payee” counts as cash here, even though it’s not really cash.

Here’s a table to sum it up.

b) For professionals

For professionals, both turnover and profit reported are key in determining tax audit applicability.

Additionally, businesses and professionals may choose to opt for the presumptive taxation scheme, where tax audit applicability rules become a little different.

  • If you’re a business using the 44AD scheme, and within 5 years you show a lower profit than the scheme expects, you can’t use the scheme again for the next 5 years. During that time, you’ll need a tax audit only if your total income is above the basic exemption limit. If it’s below, you’re fine.

  • If you’re a professional using the 44ADA scheme, you can join if your receipts are ₹75 lakh or less (₹50 lakh if you use a lot of cash). If you later show a lower profit than the scheme expects, you need an audit only if your income is also above the basic exemption limit.

:bulb: The basic exemption limit rule above is only for people leaving these schemes. It doesn’t apply to the ₹1 crore / ₹10 crore rule earlier. Cross that, and you need an audit no matter what you earn.

You see, tax audit rules can get technical. You can check Income Tax Audit Applicability using our tool to quickly determine if tax audit applies to you.

What are the consequences of not conducting a tax audit?

If you miss the deadline for filing your tax audit report, you can be fined under Section 271B. The fine is 0.5% of your turnover, or ₹1.5 lakh, whichever is smaller.

Further, if you file your ITR without an audit, the return will be considered defective and a notice will be issued u/s 139(9).

Important deadlines

For taxpayers required to undergo a tax audit, the due date for filing the audit report is 30th September, and the deadline for filing the ITR is 31st October of the relevant assessment year.

Here’s a video that answers everything about tax audits.

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Let’s understand better with some examples.

  1. Ashish does intraday and F/O Trading. He has a turnover of 12 Crores and profits of 50 Lakhs. Does he require a tax audit?

    Answer: Trading in F/O and intraday segments is considered as business income and as the turnover exceeds 10 Cr, a tax audit will be applicable.

  2. Rahul runs a small retail shop and has a turnover of 8 lakhs. He incurs a loss of 2 lakhs and almost 50% of his business payments are in cash. Does he require a tax audit?

    Answer: No, Rahul does not require a tax audit. A tax audit is not mandatory because his turnover is below the threshold of 1 crore for businesses.

  3. Priya is a freelance graphic designer and has gross receipts of 15 lakhs. She has expenses of 5 lakhs. Is a tax audit applicable?

    Answer: No, Priya doesn’t need an audit. Her receipts (₹15 lakh) are well below the ₹50 lakh limit for professionals. That’s all that matters here. Her profit isn’t relevant, unless she’d chosen the 44ADA scheme and wanted to show a lower profit than usual.

  4. Sunita is a doctor with a medical practice and earns 80 lakhs in professional fees. Is she required to get an audit done?

    Answer: Yes, Sunita requires a tax audit. Her gross professional receipts exceed 50 lakhs, and a tax audit is mandatory for professionals when their gross receipts cross this limit.

  5. Ravi runs a small construction business. He used the 44AD scheme for 3 years, then started showing lower profit than the scheme expects. It’s been 2 years since then, and he earns ₹8 lakh this year. Does he need a tax audit?

    Answer: Yes. He can’t use the 44AD scheme again until 5 years pass, and he’s still in that window. Since he earns ₹8 lakh, which is above the basic exemption limit, he needs an audit. If he earned less than that, he wouldn’t.

Still, have doubts? Ask away!

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Hii
If in PY Turnover exceeds 2cr but not more than 10cr, and all cash payments and Receipts are below 5%.But we cannot opt Presumptive scheme under sec 44AD and and actual profit is Below 6%.
Can We File Normal ITR With Balance sheet and Profit and loss statement With late fee?

Hey @Adi,

Yes, you can file the ITR without an audit as the turnover is between 2CR and 10CR. However, you’ll not be able to carry forward losses, if any, in such a case.

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Okay
Thank You So Much
If Turnover is 1.90cr and Profit is Below 6% and Filled ITR with Balance sheet and Profit and Loss Statement?

Hi @Adi,

As the turnover is between 1Cr to 2CR, a tax audit will be mandatory if the cash receipts/payments exceed 5%.

Hi if we have commission income more than 20l then tax audit is applicable… which section and books need to be maintained as per 44ab

Is tax audit applicable for salaried professional earning more than 50lacs?

Hi @Dharmendra_Pundeer

No, a tax audit is not applicable in case of salary income.
However, if your income in an FY exceeds ₹50 lakhs, make sure to fill Schedule Assets & Liabilies.
Here’s a read about Who should file Schedule AL in ITR?- Learn by Quicko for your reference.

Hope this helps!

Hey @venky_venkatesh,

Commission income is reported under the head “Income from Business and Profession” as Business. Hence, the audit applicability will be determined as per the criteria for businesses, and if the turnover is below Rs. 1CR, audit will not be applicable. However, the books of accounts need to be maintained.

Hope this Clarifies!

I have done audit of Firm u/s 44AB in form 3CB ,3CD . wherein some clerical mistake is there . Now my query is . can i revise the audit report?

Hey @vds91150,

If the audit report is not accepted by the firm you can ask them to reject the same and upload the audit report again.

Revision of audit report is not allowed unless there is some strong and valid reason. Revision is allowed under following circumstances:

  1. Revision of accounts of the taxpayer
  2. Change of law with a retrospective amendment
  3. Change in the interpretation of provisions, CBDT circular, CBDT judgment, etc
  4. Technical change in system or software

Hope this helps!

if a person has F&O turnover of say 60 lacs and profit of say 35 lacs and cash payment / receipts less than 5% , then

  1. can he opt for presumptive tax
  2. is audit required for filing such return

thnaks

Hey @deepak2508,

Following are the answers to your Queries,

  1. As per section 44AD (Presumptive Taxation for business), when you have a business turnover of less than Rs. 2Cr and books of accounts are not maintained, you can report 6% of your turnover/ gross receipts as profits. However, in the case of trading income, the financials can be maintained conveniently, and hence actual profits can be reported under regular business income.

  2. Audit is not required as the turnover is less than Rs. 1Cr.

Hope this clarifies!

share fno trading turnover limit is 10 crore ! am i right ?

thanks eleborating on point 1 , if one wants to file for presumptive tax, it is legal and allowed ( with F&0 turnover of 60 lacs and profit of 35 lacs with cash receipts/paymnt less than 5% )

Hey @HIREiN,

For any business with cash payments/ receipts less than 5%, an audit is applicable when the turnover exceeds Rs. 10Cr. Hence, as f/o trading transactions are completely digital, the turnover limit for audit will be Rs. 10Cr.

Hey @deepak2508,

As mentioned previously, as per section 44AD (Presumptive Taxation for business), when you have a business turnover of less than Rs. 2Cr and books of accounts are not maintained, you can report 6% of your turnover/ gross receipts as profits. However, in the case of trading income, the books of accounts can be maintained conveniently, although there’s no law prohibiting the opting in of Presumptive scheme for trading income, we recommend disclosing actual profits under regular business income.

mam i am sking this question for theoritical purpose to better understnad the concept of presumtptive taxation… if F&O turnover is 60 lacs and profit of 35 lacs ( and cash receipt/paymnt less than 5%) then can is it legal and allowed to claim presumtive tax on this income, your answer saying that one shd disclose profits under regular business income creates a doubt where in such case presumtive tax can be taken or not

Hello @deepak2508,

The concept of Presumptive taxation scheme is to provide relief to small taxpayers from maintaining books of accounts. It allows showing a specific percent 6/8 percent of turnover as profit or actual profit whichever is higher.

In case of FnO traders, the books of accounts are easily maintained so it is recommended not to opt in for presumptive taxation. It is no where prohibited that FnO traders cannot opt for presumptive taxation.

Hope this clarifies!

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