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Section 58: Special provision for computing profits and gains of business or profession on presumptive basis in case of certain residents
Special provision for computation of income on presumptive basis in respect of certain business activities of certain non-residents
DIVISION 1
DIVISION 2
CHAPTER 7
CHAPTER 8
DIVISION 3
CHAPTER 10
CHAPTER 11
CHAPTER 12
CHAPTER 13
PRESUMPTIVE
CHAPTER
14
BUSINESS
DIVISION 4
TONNAGE TAX SCHEME FOR QUALIFYING INDIAN SHIPPING COMPANY
CHAPTER 15
TONNAGE TAX SCHEME
DIVISION 5
FAQs AND CASE STUDIES ON PRESUMPTIVE TAXATION
CHAPTER 16
16.1 Can a resident assessee freely opt in and opt out of the presumptive taxation schemes specified in Section 58(2) from tax year to tax year?
16.2 Can a resident individual avail the presumptive scheme on Sl. No.1 of the Table in Section 58(2) (earlier Section 44AD) in respect of his business as builders and developers with regard to sale of plots or flats?
16.3 If a resident individual builder/developer adopts presumptive tax scheme in Sl. No. 1 of Table in Section 58(2), what is the figure to be taken as turnover or gross receipts-actual consideration for sale of flats or plots as per sale deed or stamp duty value substituted for actual consideration where stamp duty is higher?
16.4 Should actual sales consideration for any flat or plot of a builder be substituted by Stamp Duty Value (SDV) in accordance with Section 53 where SDV is higher for computing total turnover or gross receipts?
16.5 Would it make any difference to FAQ 5 above if assessee had not challenged the stamp duty valuation before the stamp authority?
16.6
M/s XYZ & Co. is a partnership firm engaged in civil construction business. Clause 5 of the partnership deed requires the firm to maintain books of account and appoint a CA as an internal auditor to audit the books. This clause is to safeguard interests of partners especially sleeping partners. Can the firm opt for Sl. No.1 scheme?
16.7 Are firms availing Sl. No.1 of Table in Section 58(2) entitled to deduction of interest and remuneration paid to partners?
16.8 Will firms availing Sl. No.1 of Table in Section 58(2) have to amend their partnership deeds to omit “interest to partner”/“remuneration to partner” clauses?
16.9 Will partnership firms be rendered ineligible to avail Sl. No.1 of Table in Section 58(2) if they pay interest/remuneration to partners?
16.10 Is a firm running a nursing home with IPDs carrying on a business or a profession? Should it declare presumptive income under Sl. No.1 of Table in Section 58(2) @ 6% or 8% of gross receipts or under Sl. No. 3 of the said Table @ 50% of gross receipts
16.11 Whether “gross receipts” for Sl. No. 1 of the Table in Section 58(2) would include every item of income taxable under the PGBP head?
16.12 Does maintenance of books of account disqualify an eligible assessee from opting for any presumptive scheme under Sl. No.1 of Table in Section 58(2)?
16.13
M/s XYZ & Co. is a partnership firm engaged in civil construction business. Clause 5 of the partnership deed requires the firm to maintain books of account and appoint a CA as an internal auditor to audit the books. This clause is to safeguard interests of partners especially sleeping partners. Can the firm opt for Sl. No.1 of Table in Section 58(2) scheme?
16.14 Can a licensed stamp vendor avail Sl. No.1 of Table in Section 58(2) scheme? 184
16.15 Is an authorized lottery ticket agent entitled to avail Sl. No. 1 of Table in Section 58(2)?
16.16
Airline has discretion to its agents to sell air tickets at any rate between the minimum commercial price and the published price. Agent make a profit when they sell above the minimum commercial price. Can the agent avail Sl. No.1 of Table in Section 58(2)?
16.17 Whether disallowance of dues to micro or small enterprises not paid within time limit stipulated by Section 15 of MSMED Act under Section 37(2)(g) of ITA 2025 (previously Section 43B(h) of ITA 1961) apply to resident assessees who opt for any applicable presumptive taxation scheme in Section 58 of ITA 2025?
16.18 Can a resident individual not carrying on any business independently himself avail the presumptive scheme in Sl.No.1 of the Table in Section 58(2) for tax year 2026-27 in respect of salary and interest received from a business LLP in which he is a partner and his salary and interest is fully deductible for the LLP?
16.19
Can a resident individual avail any presumptive tax scheme for tax year 2026-27 in respect of his business of trading in electrical goods whose turnover is ` 1.5 crore if he is also is a partner in a firm which carries on real estate agent business and earns brokerage?
16.20 Would the answer to FAQ 16.19 above be different if R was carrying on the real estate agency business also as sole proprietor?
16.21 Resident assessee Mr. PQR is owning 10 tankers and supplies them on hire to oil companies. Can he avail the scheme in Sl. No.1 of the Table in Section 58(2)(formerly section 44AD) for tax year 2026-27 in respect of his tanker hire business?
16.22 If resident HUF runs a stationery shop whose turnover is ` 1.5 crores for tax year 2026-27 and the karta (a resident) is a life insurance agent, can the karta avail the scheme in Sl. No.1 of the Table in Section 58(2)(formerly section 44AD)? Can his HUF avail the scheme in Sl. No.1?
16.23 If an individual resident in India has ` 2.5 crore turnover from his business of imitation jewellery for tax year 2026-27, and received interest and salary to working partner of ` 90 lakhs from a firm in which he is a partner. The interest and salary is fully deductible in computing the income of the firm. 4% of his turnover from imitation jewellery is received in cash. Can he avail the presumptive scheme in Sl. No.1 of the Table in Section 58(2)(formerly section 44AD)?
16.24
16.25
Ms. ABC is resident in India. She runs a beauty parlour from which gross receipts are around ` 90 lakhs in tax year 2026-27. Around 40% of these gross receipts are by UPI and rest in cash. She commenced her business on April 2, 2026 can she avail the presumptive scheme in Sl. No.1 of the Table in Section 58(2) (formerly section 44AD) for tax year 2026-27?
M/s ABC, an eligible assessee carrying out eligible business under Sl. No.1 of the Table in Section 58(2) [Previously section 44AD of ITA 1961]
16.26
16.27
16.28
Can a resident individual who runs coaching classes avail the presumptive taxation scheme in for tax year 2026-27 if his gross receipts from coaching classes are ` 1.5 crores?
Can an “eligible assessee” whose business turnover is ` 1.5 crores for tax year 2026-27 opt for Section 58(2) (Sl. No. 1 in the Table) given that his turnover from business never exceeded ` 1 crore from inception of his business till FY 2025-26 and he never opted for Section 44AD in the past?
Can the “eligible assessee” in FAQ 1 above who declared less than 8% or 6% of gross receipts as PGBP under section 44AD till previous year/FY 2025-26 (AY 2026-27) without getting accounts tax audited under Section 44AB because his gross receipts was less than ` 1 cr. avail Sl. No.1 in the Table in Section 58(2) in tax year 2026-27 without complying with Section 63 (tax audit) if gross receipts continues to be less than ` 1 cr. in tax year 2026-27?
16.29 What is the procedure for ‘opting out’ of any presumptive taxation scheme in Sl. No. 1 of Table 2 in Section 58(2)?
16.31 If an eligible assessee gets accounts audited to bid for a tender, will he be ineligible to avail Sl. No. 1 of the Table (previously Section 44AD)? Will he be deemed to have opted out of Sl. No.1 by getting his accounts audited?
16.32 If assessee declares less than 6% or 8% for a tax year where turnover exceeds ` 2 cr. limit/` 3 cr. limit, will section 58(7) be attracted?
16.33 Can a resident individual avail any presumptive taxation regime in Section 58(2) for tax year 2026-27 in respect of his business of running eleven trucks owned by him on hire?
16.34 If resident assessee owns 10 JCBs and is in the business of running them on hire, can he avail the scheme in Sl. No. 2 of the Table in Section 58(2)(formerly section 44AE) for tax year 2026-27?
16.35 Suppose Mr. A has a proprietorship business of running trucks on hire and he owns 8 trucks. Mr. A and his son are partners in a firm which also runs trucks on hire and the firm owns 10 trucks. Can Mr. A and firm both avail Sl. No. 2 of Table in Section 58(2)? Or both are ineligible?
16.36 Whether AO can make additions for discrepancies in assessee’s account books where assessee opts for any applicable presumptive tax scheme in Section 58(2)?
16.37 Can one freely opt in and opt out of Sl. No. 2 of Table in Section 58(2) scheme?
16.38 What are the consequences of opting out of Section 44AE/Sl. No. 2 of Table in Section 58(2)? Will assessee be barred for availing it for certain number of years?
16.39 If assessee claims his profits are lower than the presumptive income under Sl. No. 2 of Table in Section 58(2), will he be required to maintain books and get them audited if his total income is below taxable limit?
16.40 Are partnership firms/LLPs availing Sl. No. 2 of Table in Section 58(2) (formerly section 44AE) entitled to deduction under Section 35(e) [formerly section 40(b) of ITA 1961] in respect of interest/remuneration paid to partners?
16.41 Will remuneration or interest paid to partners by a firm/LLP availing Sl. No. 2 of Table in Section 58(2) (formerly section 44AE) allowable under Section 58(5) read with Section 35(e) be disallowed if the same is paid in cash exceeding the ` 10,000 limit in Section 36(4)(formerly Section 40A(3) of ITA 1961)? 197
16.42 Is TDS under Sl. No. 7 of the Table in Section 393(3) (formerly Section 194T) required to be deducted from remuneration or interest paid/credited to partners by a firm/LLP availing Sl. No. 2 of Table in Section 58(2)? 198
16.43 Mr. A is a practicing Chartered Accountant. He has entered into partnership with Mr. B another practicing CA to practice the profession of chartered accountancy under the firm name M/s AB & Co. Gross receipts of M/s AB & Co. are ` 25 lakhs per annum. They both have also formed another partnership firm AB Coaching centre through which they conduct coaching classes for Chartered Accountancy course. Gross receipts of AB Coaching Centre is ` 1.80 crore per annum. Whether the two firms can avail presumptive taxation schemes? 198
16.44
16.45
Dr. XYZ has medical practice whose gross receipts are ` 30 lakhs per annum. He has formed a private limited company with another doctor XYZ Pathological Labs Pvt. Ltd. and gross receipts of this company ` 40 lakhs per annum. Can the doctor avail presumptive taxation schemes? Can the company avail presumptive taxation schemes?
Can Practitioners of Ayurveda or Siddha systems of medicine declare their profits from practice under the presumptive scheme in Sl. No.3 of the Table in Section 58(2)?
16.46
Can dentists declare their profits from practice under the presumptive scheme in Sl. No.3 of the Table in Section 58(2)?
16.47 Can pathologists declare their profits from practice under the presumptive scheme in Sl. No.3 of the Table in Section 58(2)?
16.48 Is there any requirement that a resident specified in the Table in Section 58(2) (eligible assessee or assessee who owns not more than 10 trucks or specified assessee) should exercise his option to avail or not the applicable presumptive scheme in that Table on or before due date for filing ITR under Section 263(1) by filing any form for opting in and opting out such as Forms 10-IA to 10-IE under Income-tax Rules, 1962?
16.49
16.50
16.51
Can a resident eligible assessee or resident specified assessee declare profits in accordance with the applicable presumptive scheme in Section 58(2) in a belated ITR filed by him?
Can a resident assessee who has declared his profits in accordance with presumptive taxation scheme in Section 58(2) opt out of it by e-filing a tax audit report and filing a revised return under section 263(5) showing less than amount deemed to be profits under section 58(2)?
Can a resident eligible assessee who has claimed his profits from a specified business in Sl. No.1 of the Table in Section 58(2) to be lower than 8%/6% of gross receipts in original ITR and filed tax audit report file a revised return to opt for presumptive scheme and declare profits @ 8%/6% in revised return and pay differential tax and interest with revised return?
16.52 Whether disallowance of dues to micro or small enterprises not paid within time limit stipulated by Section 15 of MSMED Act under Section 37(2)(g) of ITA 2025 (previously Section 43B(h) of ITA 1961) apply to non-resident assessees who opt for any applicable presumptive taxation scheme in Section 61 of ITA 2025?
16.53
16.54
16.55
Mr. ABC is a resident who has availed presumptive taxation for his business from FY 2020-21 to FY 2024-25. He intends to avail section 44AD for FY 2025-26 (Assessment Year 2026-27) and Tax Year 2026-27. His turnover or gross receipts from his business is ` 1.80 crores for FY 2025-26 from third party customers. Besides these, he had dealings with the HUF of which he is a part and the sales made by him to his HUF (at arm’s length prices) amount to ` 30 Lakhs during FY 2025-26. Entire ` 30 lakhs was paid to him by HUF through NEFT. Of the sales made to third party customers, 50% was in cash. Can he avail section 44AD for FY 2025-26? Can he avail presumptive taxation scheme in Sl. No. 1 of Table in section 58(2) for Tax Year 2026-27 if same figures and pattern repeat in Tax Year 2026-27? 201
What if, in 16.53 above, Mr. ABC declares lower than presumptive profit @ 6%/8% for Tax Year 2026-27? 204
What if assessee is a CA who is a resident and holding fulltime Certificate of Practice. He opts for Sl. No. 3 presumptive taxation in Tax Year 2026-27 and his gross receipts from his individual proprietary practice are ` 45 Lakhs. He is in practice for 10 years. He also has income from activities such as writing articles and royalty from books amounting to ` 7 Lakhs. How will PGBP be computed for Tax Year 2026-27 as per Sl. No. 3? Will he be qualified to issue valuation reports determining fair value of assets under Rule 11 of the Income-tax Rules, 2026 during financial year/tax year 2027-28?
204
16.56
What if assessee is a CA who is a resident and holding full-time Certificate of Practice. He opts for presumptive taxation as per Sl. No. 3 of the Table in section 58(2) in Tax Year 2026-27 and his gross receipts from his individual proprietary practice are ` 45 Lakhs. He is in practice for 10 years. He also has remuneration and interest from a CA firm amounting to ` 15,00,000. The entire amount of ` 15 Lakhs is deductible for the CA firm. How will PGBP be computed for Tax Year 2026-27 as per Sl. No. 3? Will he be qualified to issue valuation reports determining fair value of assets under Rule 11 of the Income-tax Rules, 2026 during financial year/tax year 2027-28?
16.57 What is the scope of CA profession and what receipts shall be treated as part of gross receipts of profession carried on by him for computing the limit of ` 50 Lakhs/` 75 Lakhs for Sl. No. 3 of the Table in Section 58(2) and for computing 50% of gross receipts?
205
207
16.58 What receipts are not to be counted as gross receipts of a CA for the purposes of presumptive scheme in Sl. No. 3 of Table in section 58(2)?
16.59 The receipts from profession carried on by a CA in practice during FY 2026-27 is ` 47 lakhs through prescribed online and banking modes. Besides, he had cash receipts of ` 15 lakhs for income-tax return filing work and GST filing work of various small clients. He is in practice since 2014. Since FY 2016-17, he has been regularly declaring under section 44ADA all his professional receipts including cash receipts. This time for tax year 2026-27 he plans to show only ` 2 Lakhs cash receipts in his ITR to avail presumptive tax scheme (by keeping his receipts below ` 50 lakhs limit) and avoid getting his accounts tax audited under section 63. Is this a desirable course of action?
16.60
A lady doctor (qualified MBBS & MD) is works as physician on salaried basis during the day in a reputed hospital near her residence. In the evening she is consulting in her clinic. Can she avail section 44ADA or Sl. No. 3 presumptive tax scheme in respect of her receipts from her clinic?
16.61
16.62
16.63
A doctor who is resident in India runs a nursing home and also consults in his clinic. Can he avail presumptive taxation schemes in the Table of Section 58(2)?
A doctor who is resident in India consults in his clinic. He is also the partner in a nursing home. Can he and his firm avail presumptive taxation schemes in the Table of section 58(2)?
Can a traditional partnership firm (Indian Partnership Act, 1932) avail the presumptive taxation scheme in Sl. No. 1 of the Table in section 58(2) if the firm is not registered under Chapter VII of that Act relating to Registration of Firms?
16.64 Can a traditional partnership firm (Indian Partnership Act, 1932) avail the presumptive taxation scheme in Sl. No. 1 of the Table in section 58(2) if the partnership is not evidenced by a partnership deed and is based on verbal agreement between the partners?
16.65
Can a traditional partnership firm (Indian Partnership Act,1932) avail the presumptive taxation scheme in Sl. No. 2 of the Table in section 58(2) (corresponding to section 44AE of ITA 1961) if the partnership is not evidenced by a partnership and is based on verbal agreement between the partners?
16.66 Is an assessee who owns 10 or less goods carriages required to declare profits as per Sl. No. 2 if assessee has given a declaration with his PAN [See Sl. No. 8 of the Table to section 393(4)] to those responsible for making payments to him so that he can receive payments without TDS?
16.67 Is the PAN furnished by assessee who owns 10 or less goods carriage to deductors of TDS required to be valid or active PAN. Is deductor required to verify whether PAN is active and valid before acting on the declaration of the assessee?
16.68 Can an individual assessee who owns 10 or less goods carriages furnish Aadhaar Number instead of PAN with his declaration to the deductor if PAN and Aadhaar are linked?
16.69 Suppose assessee owns 4 goods carriages in tax year 2026-27 and declares his income as per Sl. No. 2 of the Table in section 58(2)(formerly section 44AE). His ITR is taken up for limited scrutiny as to whether income has been rightly declared as per Sl. No. 2. During assessment proceedings assessee states that he owned 4 goods carriages and produces RCs of these 4 goods carriages. Besides he also produced work orders from parties. AO passes assessment order determining income as per Sl. No. 1 of the Table in section 58(2) (formerly section 44AD). Can the assessee file an application for rectification of error apparent from record under section 287 (formerly section 154)?
16.70 Suppose in the above case, AO found from evidence put to the assessee (after giving assessee opportunity to rebut) that assessee owned 11 goods carriages at some point of time during the tax year. Is AO’s order in scrutiny assessment justified?
16.71 During tax year 2026-27, the assessee (a resident individual) owned 10 trucks upto March 2027. On 29th March, 2027, he sold a truck and received consideration for the same on the same date. He delivered the truck to the buyer on the same date. The truck got registered in buyer’s name only in April, 2027. On 30th March, 2027, he received new truck ordered by him with RC in his name on 31st March, 2027. Can he declare his income from trucks as per Sl. No. 2 of Table in section 58(2) ? Or should he declare as per Sl. No. 1 of the said Table?
16.72 PQR & Co., a traditional partnership firm, is carrying on transportation business with 4 resident individuals as its partners. The business is carried on though 8 trucks purchased from firm’s bank account but trucks are registered in the names of the Partners (2 trucks in each partner’s name). Can the firm declare its business income in accordance with Sl. No. 2 given that RC of trucks are in partners’ names and not in firm name?
16.73
16.74
Where assessee owning 10 or less goods carriages gets his accounts audited and e-files tax audit report and declares profits in ITR lower than presumptive profit under Sl. No. 2 for Tax Year 2026-27, can AO apply Sl. No. 1 presumptive scheme(6% or 8% of gross freight receipts) to assess his income?
Assessee (a resident individual) is engaged in retail business of manufacturing and selling ladies garments. Assessee files ITR for tax year under Sl. No. 1 of Table in section 58(2) declaring turnover of ` 30,00,000 and presumptive income of ` 2,40,000 as PGBP in his ITR. Later on, during scrutiny of his case, AO finds 2 huge cash deposits of ` 40,00,000 each. Can AO treat ` 80,00,000 as unexplained income under section 104 read with section 195 (section 69A read with section 115BBE of ITA 1961]? Assessee’s sole source of income is his business and he had explained the two big deposits as from on PQR exports. Assessee was unable to establish to AO’s satisfaction that it was from PQR exports.
16.75
16.76
16.77
What if in FAQ 16.74. above, AO made additions @ 12% of ` 80,00,000 as business profits on the ground that another assessee with similar facts profile as the assessee agreed to additions @ 12%?
If some customers of an assessee have made direct deposits of cash into bank account of assessee, for the sake of declaring presumptive income under Sl. No. 1, will assessee have to apply 8% rate to these receipts or 6% rate while declaring profits as per Sl. No. 1 of the Table in section 58(2)?
Mr. Q, a resident individual and a CA holding part-time COP, received ` 45,00,000 as fees from his third party clients during Tax Year 2026-27. He receives ` 12,00,000 from his HUF of which he is member and takes no part in its business (approval taken from ICAI) for handling ITR and GST filings of the HUF. What will be his gross receipts and what is the amount to be offered to tax under Sl. No. 3 of Table in section 58(2) for Tax Year 2026-27? Can he issue valuation reports under Rule 11, cost certification reports and Form No. 4 during Tax Year 2027-28?
16.78
Mr. R, a resident individual and a CA holding full-time COP, received ` 45,00,000 as fees from his third party clients during Tax Year 2026-27. Of these ` 12,00,000 were fees for internal audits and concurrent audits of banks from which TDS has been deducted under Sl. No. 6(iii) of Table in section 393(1). Mr. R is not an employee of any of these banks. He is not on their muster rolls and receives none of the benefits that the
employees of officers of these banks receive. However, he gets paid monthly for these internal and concurrent audits. Mr. R offers 50% of ` 45,00,000 (i.e. ` 22,50,000) as PGBP for TY 2026-27under section 58. In his case selected for scrutiny, the AO states that ` 12,00,000 is actually salary income as it is received monthly. Therefore, his PGBP is 50% of ` 33,00,000 = ` 16,50,000. His salary income is ` 12,00,000 less standard deduction of ` 75,000. Therefore his total income is ` 27,75,000 (16,50,000 + 11,25,000). Has the AO rightly proceeded under law in computing Mr. R’s income?
16.79 Can AO make additions for bogus purchases where assessee has declared income from his business under Sl. No. 1 of the Table in section 393(1)?
16.80 Whether a resident individual opting for section 44AD, section 44ADA or section 44AE must disclose investments in equity shares, gold, silver etc. made out of drawings from his sole proprietorship business in ITR 4 Sugam for AY 2026-27?
16.81 If a firm opts for section 44AD opts for section 44AD, section 44ADA or section 44AE for AY 2026-27, what should be disclosed by it as investments under Financial Particulars of Business?
APPENDICIES
