Query on Tax Audit under Sec 44AB

Q & A ForumCategory: QuestionsQuery on Tax Audit under Sec 44AB
Vai asked 8 years ago
Hi Sreekanth, I have income only from Bank Deposit interests and bit of trading in share market. No other business or professional income. I am not in Trading business and do some occasional share trading like millions of Indians do. Due to small a STCG, I am filing ITR-2 to show that capital gain income, Last year I had done couple of intraday trades (no F&O), rest all delivery based trading but with all gains are under STCG category. I had purchased shares of Rs. 1,22,850, sold them at Rs.1,29,860, net STCG was Rs.7010. All these are cumulative numbers for FY17/18. If I club purchase and sell value, my turnover is Rs.2,52,710 which makes my returns just 2.77%. On some internet posts, it is mentioned that “If your Net income is below @ 8% of your annual gross turnover/receipt, then you must be Tax audited u/s 44AB even if your gross turnover is below 1 Crore”. (There is no lower limit mentioned.) So my questions are: 1. Do I need to get Tax Audit done? 2. If answer is ‘Yes’ then can I declare more STCG to cross this 8% boundary, in order to avoid further headache? Note that I am not in any kind of business including trading and never maintained account as such. 3. Will I be considered in Trading Business for these small transactions? 4. Does Annual gross turnover includes both Purchase as well as sell value OR its just sale value of shares? 5. Is there credible source which can describe Section 44AB and 44AD in simple, non-confusing language? If you have any please share. Appreciate your response as early as possible as the ITR filing deadline is approaching very fast. Thank You.
1 Answers
Sreekanth Staff answered 8 years ago

Hi,
Apologies for the late reply..I have been not keeping well for the last one week..
I guess, your case may not require any Tax Audit.
You may kindly go through below articles (or) consult a CA as well.

vishalpatel1756 replied 8 years ago

Hello Srikanth,

Is this audit rules applicable to Mutual Fund Investment by Non-Resident-Indian?

I read through Article 1 & 2 but every where it says “Business or Profession”, is Mutual Fund trading considered a Business in this context?

Thanks,

Vish

Sreekanth Staff replied 8 years ago

Dear Vish,
Tax audit applicable if income falls within the ambit of tax audit.
Trading of Shares is different from trading in mutual funds. The later may not be treated as ‘Speculation business’, hence tax audit is not required.
You may kindly consult a CA as well.

vishalpatel1756 replied 8 years ago

Thank you Sreekanth

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