Question 3 (a)

Presumptive income from plying, hiring or leasing goods carriages

6 marks

Time to write
About 12 minutes
Topic
Profits and gains of business or profession
Notes
Crux notes

Question

Question 3 (a) · 6 marks

For taxpayers whose business is plying hiring or leasing of goods carriage, discuss what section 44AE of the Income Tax Act, 1961 provides for computing income on an estimated basis. (6)

Paper note: Set under the Income-tax Act, 1961 for assessment year 2024-25 (previous year 2023-24); answered under the Income-tax Act, 2025 for tax year 2026-27, so the year term moves forward by 3 years and every date in the question moves forward by the same 3 years, so that intervals, holding periods and ages are as printed. Every figure and name is as printed. The question names section 44AE of the Income-tax Act, 1961; the answer gives the corresponding provision of the Income-tax Act, 2025 and says so.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6 marks

Read from the question

  • section 44AEThe section is named: open with what it says, then explain or apply it.

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Eligible assessee and the ten-vehicle limit 1½ marks 3 min
  3. 2 Rates for heavy and other vehicles; month or part of a month 2 marks 3 min
  4. 3 Other provisions no deductions, firms, books and audit, lower income 1½ marks 2 min
  5. 4 Illustration 1 mark 2 min
  6. Check: every ask answered, key terms underlined 1 min

Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks. End with step 4 in a line or two.

Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

The provision

Section 44AE of the Income-tax Act, 1961 (now section 58(2), Table: Sl. No. 2 of the Income-tax Act, 2025) lets a small transporter declare income at a fixed amount per vehicle, without keeping books of account or getting them audited. It reduces compliance for truck owners, whose receipts are often in small amounts and hard to record.

Who is covered

  1. Any assessee (individual, Hindu undivided family, firm, company) engaged in the business of plying, hiring or leasing goods carriages.
  2. whose fleet never exceeds ten goods carriages on any day of the tax year. A vehicle taken on hire purchase or instalments counts as owned even if some instalments are unpaid (section 58(11)).
  3. If the assessee owns more than ten goods carriages at any time in the year, the provision does not apply for that year, and income is computed from the books.

Income deemed (section 58(2), Table: Sl. No. 2, column E)

For each vehicle, for every month or part of a month it is owned in the year:

Type of goods carriageIncome deemed
Heavy goods vehicle (gross vehicle weight above 12,000 kg)₹1,000 per ton of gross vehicle weight (or unladen weight)
Any other goods carriage₹7,500

The presumptive amount is computed for each vehicle, for every month or part of a month it is owned, and the income is the aggregate of those amounts or the higher profit claimed to have been actually earned, whichever is higher (section 58(2), Table: Sl. No. 2, column E). Under the 1961 Act the comparison is expressly made vehicle by vehicle: the income from each goods carriage is the presumptive amount or the amount actually earned from that vehicle, whichever is higher (section 44AE(2)); the income deemed is the total of the amounts so found for all the vehicles. It does not depend on whether the vehicle was actually plied.

Other provisions

  1. No further deduction: no loss, allowance or deduction is allowed against the income so computed (section 58(4)), and the written down value of the vehicles is computed as if depreciation had been allowed each year (section 58(6)).
  2. Firm: salary and interest paid to partners are deducted from the presumptive income, within the limits of section 35(e) (section 58(5)).
  3. Books and audit: the requirements to keep books (section 62) and get them audited (section 63) do not apply, and the receipts of this business are left out in applying their monetary limits (section 58(10)).
  4. Lower income: an assessee who claims lower profit than the presumptive figure, and whose total income exceeds the basic exemption limit, must keep books and have them audited (section 58(3)).

Illustration (our own)

Mr. Sandhu owns three heavy goods vehicles of 15 tons gross vehicle weight each throughout tax year 2026-27, and buys a light goods vehicle on 10 September 2026.

  • Heavy vehicles: 3 × 15 tons × ₹1,000 × 12 months = ₹5,40,000.
  • Light vehicle: ₹7,500 × 7 months (September, a part month, counts as a full month) = ₹52,500.
  • Presumptive income = ₹5,92,500 (the total for all vehicles), unless he claims a higher profit actually earned from the business as a whole, which is then his income.

Where the 6 marks sit

#ComponentMarks
1Eligible assessee and the ten-vehicle limit1.5
2Rates for heavy and other vehicles; month or part of a month2
3Other provisions (no deductions, firms, books and audit, lower income)1.5
4Illustration1
Total6
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