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Question ID : 37995

Applicability of 44AD for 194J tds dedcution

If an assessee provides a service and his customer deducts the tds under section 194J, is this means the assessee need to show his income under section 44ADA? The Assessee is not a profession as defined by the act. Even does not possess a college ug degree.

Posted by M ASHOK on Feb 22, 2019

Filed Under DIRECT TAXES

Answer ID : 76333

Section under which TDS has been deducted cannot decide whether to report in 44AD or 44ADA. This can be decided on the basis of List of professions notified u/s 44AA read with rule 6F. Also, nature of transaction shall prevail over possessing a degree.

Posted by Ashish Kumar Goyal on Mar 02, 2019
Answer ID : 76389

Not at all. one have to have the prescribed professional qualification in rule 6F of the Income Tax Rules,1962 for claiming benefits under section 44ADA of the Income Tax Act,1961.

Posted by CA. JHA SHANKAR KUMAR on Mar 20, 2019