The question
1 answer
Practising chartered accountants at ERPCA · 20 Aug 2026
In short
No audit is required, and 44AD is available; whether you should use it depends on your real margin.
Audit: section 44AB applies at ₹1 crore of turnover, but the limit becomes ₹10 crore when cash receipts and cash payments are each 5% or less of total receipts and payments. At 95% digital you qualify, so no audit at ₹1.6 crore. Watch the 5%: bearer cheques and cheques not crossed account-payee count as cash.
Presumptive: section 44AD lets a resident individual, HUF or partnership with turnover up to ₹2 crore (₹3 crore when cash receipts are within 5%) declare 6% of digital receipts and 8% of cash receipts as income, with no books or audit. On ₹1.6 crore that is about ₹9.6 lakh of deemed income. Your actual profit is roughly ₹14.4 lakh, so 44AD would save tax on nearly ₹5 lakh; that is legal, because the section deems the income irrespective of actual profit. The catch is the five-year rule: once you opt in and later declare lower than 6% or opt out, you are barred from 44AD for five years and must keep books and be audited if your income exceeds the basic exemption.
Under 44AD, advance tax is one instalment, 100% by 15 March, and you file ITR-4.
Next step
If you expect to stay within ₹3 crore and keep cash low, opt for 44AD for FY 2025-26, file ITR-4 by 31 July, and keep the bank statements that prove the 95%.
General guidance on the facts given, not an engagement. Law as on the date of the answer.
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