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What is Special provision for computing profits and gains of business of plying, hiring or leasing goods carriages? Section 44AE of Income Tax Act 1961

Special provision for computing profits and gains of business of plying, hiring or leasing goods carriages is defined under section 44AE of Income Tax Act 1961. Provision under this section is:

Section 44AE of Income Tax Act "Special provision for computing profits and gains of business of plying, hiring or leasing goods carriages"

Section 44AE. (1) Notwithstanding anything to the contrary contained in sections 28 to 43C, in the case of an assessee, who owns not more than ten goods carriages at any time during the previous year and who is engaged in the business of plying, hiring or leasing such goods carriages, the income of such business chargeable to tax under the head "Profits and gains of business or profession" shall be deemed to be the aggregate of the profits and gains, from all the goods carriages owned by him in the previous year, computed in accordance with the provisions of sub-section (2).

[(2) For the purpose of sub-section (1), the profits and gains from each goods carriage shall be an amount equal to seven thousand five hundred rupees for every month or part of a month during which the goods carriage is owned by the assessee in the previous year or an amount claimed to have been actually earned from the vehicle, whichever is higher.]
(3) Any deduction allowable under the provisions of sections 30 to 38 shall, for the purposes of sub-section (1), be deemed to have been already given full effect to and no further deduction under those sections shall be allowed :

 

Provided that where the assessee is a firm, the salary and interest paid to its partners shall be deducted from the income computed under sub-section (1) subject to the conditions and limits specified in clause (b) of section 40.

(4) The written down value of any asset used for the purpose of the business referred to in sub-section (1) shall be deemed to have been calculated as if the assessee had claimed and had been actually allowed the deduction in respect of the depreciation for each of the relevant assessment years.

(5) The provisions of sections 44AA and 44AB shall not apply in so far as they relate to the business referred to in sub-section (1) and in computing the monetary limits under those sections, the gross receipts or, as the case may be, the income from the said business shall be excluded.

(6) Nothing contained in the foregoing provisions of this section shall apply, where the assessee claims and produces evidence to prove that the profits and gains from the aforesaid business during the previous year relevant to the assessment year commencing on the 1st day of April, 1997 or any earlier assessment year, are lower than the profits and gains specified in sub-sections (1) and (2), and thereupon the Assessing Officer shall proceed to make an assessment of the total income or loss of the assessee and determine the sum payable by the assessee on the basis of assessment made under sub-section (3) of section 143.

(7) Notwithstanding anything contained in the foregoing provisions of this section, an assessee may claim lower profits and gains than the profits and gains specified in sub-sections (1) and (2), if he keeps and maintains such books of account and other documents as required under sub-section (2) of section 44AA and gets his accounts audited and furnishes a report of such audit as required under section 44AB.

Explanation.-For the purposes of this section,-
89[(a) the expression "goods carriage" shall have the meaning assigned to it in section 2 of the Motor Vehicles Act, 1988 (59 of 1988);]

(b) an assessee, who is in possession of a goods carriage, whether taken on hire purchase or on instalments and for which the whole or part of the amount payable is still due, shall be deemed to be the owner of such goods carriage.

   
 

Income Tax Act 1961

What are Other deductions? General, What is Building, etc., partly used for business, etc., or not exclusively so used? Section 36, 37 and 38 of Income Tax Act 1961

What are Amounts not deductible? Section 40 of Income Tax Act 1961

What are Expenses or payments not deductible in certain circumstances? Section 40A of Income Tax Act 1961

What are Profits chargeable to tax? Section 41 of Income Tax Act 1961

What are Special provision for deductions in the case of business for prospecting, etc., for mineral oil? Section 42 of Income Tax Act 1961

What are Definitions of certain terms relevant to income from profits and gains of business or profession? Section 43 of Income Tax Act 1961

What are Special provisions consequential to changes in rate of exchange of currency? Section 43A of Income Tax Act 1961

What is the meaning of Certain deductions to be only on actual payment? Section 43B of Income Tax Act 1961

What is  Special provision for computation of cost of acquisition of certain assets? Section 43C of Income Tax Act 1961

What is  Special provision for full value of consideration for transfer of assets other than capital assets in certain cases? Section 43CA of Income Tax Act 1961

What is  Special provision in case of income of public financial institutions, public companies, etc.? Section 43D of Income Tax Act 1961

What is Insurance business Special provision for deduction in the case of trade, professional or similar association? Section 44 and 44A of Income Tax Act 1961

What is Maintenance of accounts by certain persons carrying on profession or business? Section 44AA of Income Tax Act 1961

What is the provision regarding Audit of accounts of certain persons carrying on business or profession? Section 44AB of Income Tax Act 1961

What is Special provision for computing profits and gains of business on presumptive basis? Section 44AD of Income Tax Act 1961

What is Special provision for computing profits and gains of business of plying, hiring or leasing goods carriages? Section 44AE of Income Tax Act 1961

What is Special provisions for computing profits and gains of retail business? Section 44AF of Income Tax Act 1961

 

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