Computing profits and gains of business on presumptive basis: Clause 58 of the Income Tax Bill, 2025 vs. Section 44AD of the Income-tax Act, 1961

Clause 58 Special provision for computing profits and gains of business or profession on presumptive basis in case of certain residents.

Income Tax Bill, 2025

Introduction

The Income Tax Bill, 2025, introduces Clause 58, a statutory provision that aims to simplify the computation of profits and gains for certain businesses and professions by allowing a presumptive taxation scheme. This clause is significant as it seeks to reduce the compliance burden on small taxpayers and aligns with the government's objective to enhance ease of doing business. This article will provide a comprehensive analysis of Clause 58, focusing on item 1 of the table corresponding to section 44AD, and compare it with the existing provisions u/s 44AD of the Income-tax Act, 1961.

Objective and Purpose

Clause 58 is designed to offer a simplified taxation scheme for small businesses and professionals by allowing them to declare income on a presumptive basis. The legislative intent is to streamline tax compliance, reduce administrative burdens, and encourage voluntary tax compliance among small taxpayers. Historically, presumptive taxation has been a policy tool used to bring informal sector businesses into the tax net, thereby broadening the tax base.

Detailed Analysis

Key Provisions of Clause 58

1. Scope and Applicability:

Clause 58 applies to specified businesses or professions with a turnover or gross receipts not exceeding specified limits. It excludes businesses such as plying, hiring, or leasing goods carriages and certain professions.

2. Presumptive Income Calculation:

For businesses other than those excluded, the presumptive income is calculated as:

- 6% of turnover received via specified banking or online modes.

- 8% of turnover received through other modes.

- Alternatively, the actual profit claimed, whichever is higher.

3. Compliance Requirements:

Assessees claiming lower profits than the presumptive rate and whose total income exceeds the non-taxable limit must maintain books of accounts and undergo an audit.

4. Restrictions and Conditions:

The provision includes conditions under which the presumptive scheme can be availed and stipulates a five-year lock-in period for consistent application of the scheme.

Comparison with Section 44AD of the Income-tax Act, 1961

1. Eligible Assessee and Business:

- Clause 58: Targets individuals, Hindu Undivided Families (HUFs), and firms (excluding LLPs) engaged in eligible businesses.

- Section 44AD: Similarly applies to individuals, HUFs, and partnership firms (excluding LLPs) but with a broader definition of eligible business.

2. Turnover Threshold:

- Clause 58: Sets a threshold of Rs. 2 crore, extendable to Rs. 3 crore if cash receipts do not exceed 5%.

- Section 44AD: Initially set at Rs. 2 crore, with similar provisions for cash receipt limits.

3. Presumptive Income Rate:

- Clause 58: Offers a differentiated rate based on the mode of receipt (6% for digital, 8% for others).

- Section 44AD: Initially set at 8%, with a reduced rate of 6% for digital transactions post-2016 amendments.

4. Compliance and Audit Requirements:

- Clause 58: Requires maintenance of books and audit if actual profits are lower than presumptive and income exceeds the basic exemption limit.

- Section 44AD: Similar requirements post-2016 amendments, with additional conditions for opting out of the scheme.

5. Lock-in Period:

- Clause 58: Introduces a five-year lock-in period for consistent application.

- Section 44AD: Similar provisions to prevent frequent switching between presumptive and regular taxation.

Practical Implications

The introduction of Clause 58 is expected to simplify tax compliance for small businesses and professionals, reducing the need for detailed bookkeeping and audits. It encourages digital transactions by offering a lower presumptive rate for such receipts, aligning with the government's digital economy initiatives. However, businesses must carefully evaluate their eligibility and the implications of the lock-in period before opting for the scheme.

Comparative Analysis

Clause 58 and Section 44AD share a common objective of simplifying tax compliance for small taxpayers. However, Clause 58 introduces more nuanced provisions, particularly in terms of digital transaction incentives and compliance requirements. The differentiation in presumptive rates based on transaction modes is a notable feature that aligns with contemporary policy goals.

Conclusion

Clause 58 of the Income Tax Bill, 2025, represents a significant evolution in presumptive taxation policy, offering a modernized framework that incentivizes digital transactions and simplifies compliance for small taxpayers. While it shares foundational elements with Section 44AD of the Income-tax Act, 1961, it introduces enhancements that reflect current economic and technological trends. Future reforms could focus on further expanding the scope of eligible businesses and refining compliance mechanisms to enhance the scheme's effectiveness.

 

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Full Text:

Clause 58 Special provision for computing profits and gains of business or profession on presumptive basis in case of certain residents.

 

Dated: 10-3-2025