Business Income — Presumptive Taxation (Section 58)

INCOME TAX ACT 2025 · CHAPTER IV · PART D · SECTION 58

Presumptive Taxation — Section 58

A complete guide to presumptive taxation under Section 58 of the Income Tax Act 2025 — simplified income computation for small businesses (6%/8%), goods carriage operators, and specified professionals (50%). Conditions, limits, turnover thresholds, exit rules, advance tax, and worked examples.

📘 Section: 58 — Special provision for computing profits and gains of business or profession on presumptive basis
🔄 Replaces: Sections 44AD (small business), 44ADA (professionals), 44AE (goods carriage) of the Income Tax Act 1961
📅 Effective: 1st April 2026 (Tax Year 2026-27 onwards)

What is Presumptive Taxation?

Presumptive taxation allows eligible small businesses and professionals to compute their taxable income on a deemed/presumptive basis — as a fixed percentage of turnover or gross receipts — without maintaining detailed books of account or getting a tax audit done. It dramatically simplifies compliance for the small business sector.

🏪
Small Business
6% / 8%

of turnover
Section 58(2), Sl. 1
(Old: 44AD)

🚛
Goods Carriage
₹1K/ton

per month per vehicle
Section 58(2), Sl. 2
(Old: 44AE)

⚕️
Professions
50%

of gross receipts
Section 58(2), Sl. 3
(Old: 44ADA)

Sl. No. 1 — Small Business (Replaces Section 44AD)

Who Can Opt — "Eligible Assessee" [Section 58(11)(a)]

All five conditions must be satisfied simultaneously:

✅ Resident Individual, HUF, or Firm (not LLP)
✅ Has not claimed deduction under Section 144 (SEZ unit export)
✅ Has not claimed any deduction under Chapter VIII-C (profit-linked income deductions)
✅ Does not carry on specified profession under Section 62(4) (legal, medical, architecture, etc.)
✅ Does not earn income by way of commission or brokerage, and does not carry on any agency business

Turnover Limits

Condition Turnover Limit Notes
Standard threshold ≤ ₹2 crore Total turnover or gross receipts
Enhanced threshold — for high-digital businesses ≤ ₹3 crore Only if aggregate of amounts received in cash does not exceed 5% of total turnover/gross receipts. A non-account payee cheque or bank draft is treated as cash [Section 58(9)].

Deemed Profit Computation

Deemed Profit = Higher of:
  (A) 6% of digital/banking receipts
      + 8% of cash receipts
  OR
  (B) Profit actually earned (if higher than A)
What counts as "digital/banking receipts" for the 6% rate?

Any amount received through specified banking or online mode during the tax year OR received before the due date of filing the ITR under Section 263(1) in respect of that tax year. This means payments received via NEFT, RTGS, UPI, account payee cheque, debit/credit card, net banking all qualify for the lower 6% rate.

Sl. No. 2 — Goods Carriage Business (Replaces Section 44AE)

Who Can Opt

Any assessee engaged in the business of plying, hiring, or leasing goods carriages who owns not more than 10 goods carriages at any time during the tax year. No turnover limit. No restriction on assessee type (any assessee — individual, company, firm etc.).

Ownership includes hire purchase: An assessee in possession of a goods carriage under hire purchase (where part payment is still outstanding) is deemed to be the owner [Section 58(11)(f)].

Deemed Income Computation

Type of Goods Carriage Deemed Income Notes
Heavy goods vehicle
(GVW > 12,000 kg)
₹1,000 per ton of GVW or unladen weight per month (or part of month) per vehicle
OR actual profit, whichever is higher
GVW = gross vehicle weight. For part months — even a single day in a month counts as full month.
Other goods vehicle
(GVW ≤ 12,000 kg)
₹7,500 per vehicle per month (or part of month)
OR actual profit, whichever is higher
Includes mini-trucks, tempos, light commercial vehicles.
Firm deducting partner's salary/interest [Section 58(5)]: Where the assessee is a firm, the salary and interest paid to partners (within limits of Section 35(e)) shall be deducted from the income computed under Section 58(2)(Sl. 2). This is a special provision — partner remuneration is deductible even under the presumptive scheme for goods carriage firms.

Sl. No. 3 — Specified Professions (Replaces Section 44ADA)

Who Can Opt — "Specified Assessee" [Section 58(11)(b)]

Resident Individual or Firm (not LLP) carrying on a specified profession under Section 62(4).
⚖️ Legal
🩺 Medical
⚙️ Engineering
🏗️ Architecture
📊 Accountancy
🎨 Interior Design
💻 Technical Consultancy
🎬 Film Artists

Gross Receipts Limits

ConditionGross Receipts LimitNotes
Standard threshold≤ ₹50 lakh
Enhanced threshold — high-digital professionals≤ ₹75 lakhOnly if cash receipts ≤ 5% of gross receipts

Deemed Profit

Deemed Profit = Higher of: 50% of Gross Receipts OR Actual profit

The 50% is a deemed deduction for all expenses including depreciation, personal expenses, capital expenditure etc. No separate deductions are allowed.

Benefits & Restrictions Under Section 58

✅ Benefits
  • No books of account required under Section 62
  • No tax audit required under Section 63
  • Advance tax in one instalment — entire advance tax by 15th March of the tax year (not the normal 4-instalment schedule)
  • All deductions — depreciation, salaries, rent, expenses — deemed to have been allowed in computing the presumptive income. No separate claims needed.
  • Simpler ITR filing
⚠️ Restrictions
  • No separate deductions — Section 58(4) bars any loss, allowance or deduction against the presumptive income
  • WDV of assets is computed as if depreciation was claimed during presumptive years [Section 58(6)] — so the WDV is reduced even without claiming depreciation
  • If actual profit is declared lower than the prescribed rate — must maintain books and get tax audit [Section 58(3)]
  • Only certain assessees can opt — ineligible for commission/brokerage/agency income, LLPs, non-residents

Exit Rules — Section 58(7) & (8)

5-Year Lock-in for Small Business (Sl. No. 1)

Where an eligible assessee (Sl. No. 1 — small business) declares income under Section 58 for a tax year, and then declares income lower than the prescribed rate in any of the 5 succeeding years:

  • The assessee becomes ineligible to claim presumptive taxation for 5 years subsequent to the year of violation
  • During those 5 barred years — must maintain books (Section 62) and get tax audit (Section 63) if income exceeds basic exemption

Example: A trader opts for presumptive in FY 2026-27. In FY 2028-29 (within 5 years), declares actual profit lower than 8% without getting audit. From FY 2029-30 to 2033-34 (5 years), cannot use presumptive scheme — must maintain full books.

Note: This exit rule applies only to Sl. No. 1 (small business). Sl. No. 2 (goods carriage) and Sl. No. 3 (professions) can exit in any year by maintaining books and declaring actual profit with audit.

Advance Tax Under Presumptive Taxation

Normal Advance Tax (Non-Presumptive)
Due Date% of Tax
15th June15%
15th September45%
15th December75%
15th March100%
Presumptive Scheme Advance Tax ✅ Simplified

Only ONE instalment:

Due Date% of Tax
15th March100%

No need to pay quarterly advance tax installments in June, September, or December. Entire advance tax by 15th March.

Worked Examples

Example 1 — Small Business (Sl. No. 1): Mixed Cash & Digital

Mr. Rajan, a resident trader. FY 2026-27 turnover = ₹1.8 crore. Of this, ₹1.2 crore received digitally/by banking, ₹60 lakh received in cash. Actual profit = ₹10 lakh.

ComputationAmount
6% of digital receipts: 6% × ₹1.2 crore₹7,20,000
8% of cash receipts: 8% × ₹60L₹4,80,000
Deemed profit (A)₹12,00,000
Actual profit (B)₹10,00,000
Taxable income under Sec 58 = Higher of A and B₹12,00,000

Note: Rajan can opt for presumptive since turnover ≤ ₹2 crore. He is an eligible assessee — resident individual, no SEZ/commission/agency income.

Example 2 — Goods Carriage (Sl. No. 2)

Mr. Suresh owns 3 trucks: (1) HGV of 20 ton GVW (owned all 12 months), (2) HGV of 16 ton GVW (owned 8 months), (3) Light truck — non-heavy (owned all 12 months). Actual profit declared = ₹5 lakh.

VehicleDeemed Income
Truck 1: ₹1,000 × 20 ton × 12 months₹2,40,000
Truck 2: ₹1,000 × 16 ton × 8 months₹1,28,000
Truck 3: ₹7,500 × 12 months₹90,000
Total deemed income (A)₹4,58,000
Actual profit (B)₹5,00,000
Taxable income = Higher of A and B₹5,00,000
Example 3 — Professional (Sl. No. 3)

Dr. Priya, a resident doctor. FY 2026-27 gross receipts = ₹45 lakh. Actual expenses = ₹30 lakh. All receipts via digital mode.

ComputationAmount
Deemed profit: 50% × ₹45L₹22,50,000
Actual profit: ₹45L − ₹30L₹15,00,000
Taxable income (higher of two)₹22,50,000

Dr. Priya can opt as gross receipts ≤ ₹50L. She pays no advance tax until 15th March. No books, no audit. But her taxable income is ₹22.5L — higher than actual profit of ₹15L. She may reconsider if actual expenses are very high.

Practical Q&A

QuestionAnswer
A firm (not LLP) has turnover of ₹2.5 crore with 90% digital receipts. Can it use Section 58?Yes — it qualifies for the enhanced ₹3 crore limit since cash receipts ≤ 5% of turnover. Eligible assessee conditions also met (firm, not LLP, resident, no commission/agency). Deemed profit = 6% × ₹2.25 crore + 8% × ₹0.25 crore.
Can a doctor with ₹60L gross receipts opt for Section 58?No — gross receipts exceed ₹50L. Even if 95%+ digital (to claim ₹75L limit), ₹60L < ₹75L only if cash ≤ 5%. If cash receipts are ≤ ₹3L (5% of ₹60L), then yes — can opt under ₹75L enhanced limit.
A CA firm (partnership) wants to use presumptive scheme. Can they?Yes — a firm (not LLP) of CAs qualifies as a "specified assessee" for Sl. No. 3 (profession). Gross receipts ≤ ₹50L (or ₹75L if digital). Partner salary/interest rules under Section 35(e) do NOT apply to professional presumptive — only to goods carriage (Sl. No. 2).
Trader opts for presumptive in FY 2026-27. In FY 2027-28, declares actual profit of 5% of turnover (below 8%) without audit. Consequences?Section 58(7) triggers — declared lower income within 5 years (FY 2026-27 to 2030-31 is the window). Presumptive scheme barred for FY 2028-29 to FY 2032-33 (5 years). Must maintain books and get audit if income exceeds basic exemption.
If presumptive income is ₹15L and actual income is ₹12L, which is taxable?₹15L — the higher of deemed and actual. The assessee cannot declare lower than the deemed rate without losing the scheme (and getting audited).
An individual has both salary income of ₹8L and business turnover of ₹1.5 crore. Can Section 58 apply to the business income?Yes — Section 58 applies to the business component. Total income = ₹8L salary + presumptive business income (6%/8% of ₹1.5 crore). Both heads are included in total income for tax rate purposes.
📌 Source: Income Tax Act 2025, Act No. 30 of 2025 — Section 58 (pages 82–83), as published in the Gazette of India Extraordinary dated 21st August 2025. Use the Section Cross-Reference tool to map 1961 Act sections to 2025 Act equivalents.
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