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Section 44ADA Eligibility

Presumptive Tax — Who Qualifies?

Section 44ADA applies to specified professionals. Declare 50% of gross receipts as profit — no books, no audit (if below threshold), file simple ITR-4.

Books of Accounts

Maintain Books or Use Presumptive?

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Section 44ADA — Presumptive Scheme (No Books Required)
Declare at least 50% of gross professional receipts as net income. No need to maintain books, no depreciation claimed, no audit required (if receipts ≤ ₹75 lakh). Simply file ITR-4. Ideal for most professionals with limited actual expenses. Choose if: Actual expenses < 50% of income.
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Regular Books Method (ITR-3) — Full Accounts Required
Maintain proper books including cash book, journal, ledger. Claim actual expenses: clinic rent, staff salaries, medical equipment depreciation, car (40% business use), professional subscriptions, malpractice insurance. File ITR-3. Tax audit mandatory if receipts exceed ₹50 lakh. Choose if: Actual expenses > 50% of income.
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When Books Are Compulsory — Mandatory Books Threshold
Even under 44ADA, books of accounts must be maintained if: (1) you opt out of presumptive scheme in any year (and face a 5-year bar), (2) income exceeds ₹2.5 lakh (IT Act Section 44AA), or (3) receipts exceed ₹25 lakh in any 3 preceding years. Penalty for non-maintenance: ₹25,000 (u/s 271A). Consult CA before opting out of 44ADA.
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Opt-Out Consequences — 5-Year Lock-In Rule
If you opt for 44ADA in a year but later want to opt out and declare lower profit, you cannot return to the presumptive scheme for the next 5 consecutive assessment years. This is a critical decision — TaxClue advises on the optimal long-term approach. Major decision — plan carefully.
Common Questions

Professional Tax — FAQs

Under Section 44ADA, your deemed profit = 50% of ₹40 lakh = ₹20 lakh. From this ₹20 lakh, you can still deduct: standard deduction of ₹75,000 (if filing as individual), Section 80C (₹1.5 lakh), NPS 80CCD(1B) (₹50,000), health insurance 80D, and other eligible deductions. After deductions, if taxable income is say ₹17 lakh, tax under the new regime would be approximately ₹2.1 lakh. Under old regime with maximum deductions, could be lower. TaxClue computes both scenarios for you.
Pure medical consultation services by a doctor are generally exempt from GST (exempted under GST Notification 12/2017). However, if a doctor also provides cosmetic surgery (not medically necessary), sells medicines/products, or provides specialised non-clinical advisory services, those may attract 18% GST. Clinical establishments and hospitals providing health care services are also exempt. Consult TaxClue to confirm GST applicability for your specific practice type.
Professional tax (PT) is a state-level tax on salaried individuals and self-employed professionals. It is levied in Maharashtra, Karnataka, West Bengal, AP, Telangana, Tamil Nadu, Gujarat, and a few other states — but NOT in Delhi, UP, Haryana, Rajasthan, etc. The maximum PT that can be charged is ₹2,500 per year (constitutional limit). Professionals must obtain an Enrolment Certificate (EC) and pay PT annually or monthly, depending on the state. Failure attracts penalties up to 3x the unpaid amount.
Lawyers providing services to non-individuals (companies, firms, etc.) must pay GST under reverse charge mechanism (RCM) — effectively meaning their clients pay the GST. If turnover exceeds ₹20 lakh, voluntary/mandatory registration is recommended. Chartered Accountants, Company Secretaries, and Cost Accountants must register for GST if professional fee income exceeds ₹20 lakh annually. B2B billing clients will prefer GST-registered professionals as they can claim input tax credit on fees paid.
Under Section 44ADA (presumptive scheme), no separate deductions are allowed — the 50% deemed profit is the only deduction from receipts. However, under the regular books method (ITR-3), you can claim: proportionate home rent/depreciation for the consultation room, electricity, internet, and medical equipment. The area used for professional purposes vs personal use ratio must be documented. TaxClue helps maintain proper records and justify the proportionate claim.
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