Tax Audit Sec 44AB limit for Business is 1 Crore or 2 Crore?
The Finance Act, 2021 has increased the threshold limit of turnover for tax audit u/s 44AB from Rs. 5 crores to Rs. 10 crores where cash transactions do not exceed 5% of total transactions.
Types of Audit
There are two types of audit, namely Statutory audit and Tax audit.
What is Statutory Audit?
Statutory audit is a compulsory audit for a Company governed by Companies Act, a Trust governed by Trust Act, Bank by RBI Act etc. by an external auditor to examine full accounting records of the organization.
What is Tax Audit?
A Tax Audit Sec 44AB is an audit, made compulsory by the Income Tax Act, if the annual gross turnover/receipts of the assessee exceed the specified limit. Tax audit is conducted in Sec 44AB of the Income Tax Act by a Chartered Accountant. Simply Tax Audit means, an audit of matters related to tax.
Limits of Tax Audit (Sec44AB) under Income Tax Act
According to Section 44AB of the Income Tax Act 1961 (updated upto 2017) the Tax Audit limit for
Business: An assessee need to be audited their accounts under Sec 44AB if his annual gross turnover/receipts in business exceeds Rs. 1 Crore. This provision is applicable from F.Y. 2016-17 (A.Y. 2017-18)
Profession: Rs. 50 Lakh. It means an assessee need to be audited under Sec 44AB if his annual gross receipts in profession exceeds Rs. 50 Lakh. This provision is applicable from F.Y. 2016-17 (A.Y. 2017-18)
What is Presumptive Taxation Scheme (Sec 44AD)?
Sec 44AD provides special provision for computing profits and gains of business on presumptive basis. You need not to maintain proper accounting. Your net income is estimated to be @8% of your gross receipt/turnover. From F.Y. 2016-17, net income is calculated as @6% of gross receipts are received through digital mode of payments and @8% of gross receipts are received in cash.
Businesses, whose annual gross turnover/receipt does not exceeds Rs. 2 Crore are eligible for this scheme.
You may go to the official website of Income Tax Department to read in details about Sec 44AD
You need to file ITR 4 (previously ITR4S) in F.Y. 2016-17 to avail these scheme.
Now a big controversy arises,
My Income from business exceeds Rs. 1 Crore but below Rs. 2 Crore in F.Y. 2016-17 (A.Y. 2017-18). Do I need to audit under section 44AB ?
It depends on several things, such as
If you are a Commission agent, Company or L.L.P., then you need to audit u/s 44AB as you are not eligible for sec.44AD. So, you need to be audited u/s 44AB.
If you are a resident in India and you are an Individual / HUF / Partnership firm, then if your annual gross turnover exceeds Rs. 1 Crore but below 2 Crore, you need to calculate your Net income u/s44AD and file ITR 4 in F.Y. 2016-17 (A.y. 2017-18) to avoid tax audit. Remember your Net Income should not below @8%.
If your Net profit is less than 8% of your total turnover/receipt, then you must be audited u/s 44AB even if your gross turnover is below 1 Crore.If you are eligible for sec. 44AD but want to declare income less than 8% or not want to claim benefit of sec 44AB then you should be audited u/s 44AB.
According to CBDT Press release regarding clarification on threshold limit of Tax Audit Sec 44AB and u/s 44AD,
“Section 44AB of the Income-tax Act (‘the Act’) makes it obligatory for every person carrying on business to get his accounts of any previous year audited if his total sales, turnover or gross receipts exceed one crore rupees. In case an eligible person opts for presumptive taxation scheme as per section 44AD(1) of the Act, he shall not be required to get his accounts audited if the total turnover or gross receipts of the relevant previous year does not exceed two crore rupees.
In simple words, If your annual gross turnover/receipts from business exceeds Rs. 1 Crore, you need to be audited u/s 44 AB. But you may avoid tax audit u/s 44AD if your annual gross turnover/receipt is below 2 Crore.