Question ID :
40715
44AD
Whether a partnership firm ( 1 partner is not a doctor) running a hospital will be eligble for presumptive taxation u/s 44ad? or will section 44ada be applicable?
Posted by
T.R.S. PATHY SENTHIL
on
Jul 10, 2020
Filed Under
DIRECT TAXES
If a doctor is free to join partnership with non-doctor partner, he will still be a professional for the porpuse of 44ADA. Aslo, running a hospital is vital activity of medical professionals which cannot be done by non- doctor person.
Hence, 44ADA is applicable in this and deemed profit would be assessed @ 50% of hospital revenue. Having a partner with no degree of medical professional is immaterial.
Posted by
SHEENU KAPOOR on
Jul 10, 2020
Answer ID :
80615
44ADA WILL BE APPLICABLE.
Posted by
SAVANKUMAR MANISHBHAI PATEL on
Jul 10, 2020
Answer ID :
80616
The said partnership firm is doing a business and not profession.
Inference :- Shalini Hospital Vs ACIT (2007) 108 ITD 534 (Hyd).
44AD can be applied.
Posted by
B.CHACKRAPANI WARRIER on
Jul 10, 2020
Answer ID :
80623
Section 44ADA is applicable as if hospital comes under medical professional .
Posted by
CA SAI KRISHNA on
Jul 11, 2020