Presumptive Taxation Under ITA explained: this guide covers what Presumptive Taxation Under ITA means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The presumptive taxation scheme under the Income Tax Act 2025 allows small businesses and professionals to declare income at a prescribed percentage of turnover/gross receipts without maintaining detailed books of account. This significantly reduces compliance burden. One section — section 58 of the Income-tax Act, 2025 (replacing sections 44AD, 44ADA and 44AE of the 1961 Act) — covers three taxpayer categories through its Table Sl. Nos. 1, 3 and 2.
Section 58, Table Sl. No. 1 (old 44AD) — Small Businesses
Who is eligible?
- Resident individuals, HUFs, and partnership firms (not LLPs)
- Engaged in any business (excluding specified professions, agency business, or commissions)
- Turnover ≤ Rs. 3 crore (if cash receipts ≤ 5% of turnover; otherwise limit is Rs. 2 crore)
Deemed Income
- 8% of turnover (cash receipts portion)
- 6% of turnover (digital/banking receipts portion)
Benefits
- No books of account required
- No tax audit required
- Advance tax payable as single instalment by 15 March
Restrictions
- If you opt out within five years of opting in (declaring a lower profit in any of the five years that follow), you cannot use the scheme for the five tax years after that year (section 58(7))
- No further deductions from the presumptive income (no depreciation, salary, etc.)
- Losses not allowed to be carried forward if section 58 (Table Sl. No. 1) is opted
Section 58, Table Sl. No. 3 (old 44ADA) — Professionals
Who is eligible?
- Resident individuals and partnership firms engaged in specified professions
- Specified professions: Legal, Medical, Engineering, Architecture, Accountancy, Technical Consultancy, Interior Decoration, and CBDT-notified professions
- Gross receipts ≤ Rs. 75 lakh (if cash receipts ≤ 5%; else Rs. 50 lakh)
Deemed Income
50% of gross receipts is treated as taxable income. The professional need not justify actual expenses.
Benefits and Restrictions
- Similar to Table Sl. No. 1 — no detailed books, no audit
- Advance tax as single instalment by 15 March
- No deduction for actual expenses except the 50% already presumed
Section 58, Table Sl. No. 2 (old 44AE) — Transporters (Goods Carriages)
Applicable to taxpayers owning up to 10 goods carriages at any time during the Tax Year. Deemed income per vehicle per month:
| Type of Vehicle | Deemed Income/Month |
|---|---|
| Heavy goods vehicle (> 12 MT) | Rs. 1,000 per ton of gross vehicle weight |
| Other goods vehicle | Rs. 7,500 per vehicle per month |
Comparison Table: Section 58 Sl. No. 1 (old 44AD) vs Sl. No. 3 (old 44ADA)
| Feature | Table Sl. No. 1 (old 44AD) | Table Sl. No. 3 (old 44ADA) |
|---|---|---|
| Applicability | Small businesses | Specified professionals |
| Turnover limit | Rs. 3 crore (cash receipts up to 5%) | Rs. 75 lakh (cash receipts up to 5%) |
| Deemed income % | 6% (digital) / 8% (cash) | 50% of gross receipts |
| LLP eligibility | No | No (partnership firms other than LLPs are eligible) |
| Books of accounts | Not required | Not required |
| ITR form | ITR-4 (Sugam) | ITR-4 (Sugam) |
When Should You NOT Choose Presumptive Taxation?
- When actual profit is below the prescribed percentage (losses or thin margins)
- When significant capital expenditure/depreciation makes actual computation beneficial
- When carrying forward business losses from prior years
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