Hi. Answers to your queries are as under:
1. Can a partnership firm engaged in lifestyle management consultancy avail presumptive taxation scheme under section 44AD?
Yes. Such a partnership firm can avail presumptive taxation scheme under section 44AD since "lifestyle management consultancy" is outside the purview of section 44AA.
However, it would be better to offer you a word of caution.
Although it is an accepted legal position that tax statutes are to be interpreted strictly and therefore, 44AD can be availed for "lifestyle management consultancy". However, it is basically a "profession" in common parlance. Thus, the Income Tax Department may try to deny the scheme under section 44AD and instead consider the income at 50% of the gross receipts under section 44ADA. In this case, even though there is a strong ground to defend the case, the possibility of prolonged litigation cannot be ruled out. The Income Tax department has recently started this practice of denying 44AD and applying 44ADA. You may refer this recent case of Bangalore Tribunal [please search 'Arthur Bernard Sebastine Pais 44ADA indiankannon' on google if the below mentioned link is deleted by taxfull's system] https://www.itat.gov.in/files/uploads/categoryImage/[deleted]-ITA%20No.1683-Bang-2019%20Ms.pdf . Thus, you should be ready to pursue litigation if section 44AD is to be adopted.
Further, deduction of interest and remuneration paid to partners won't be allowed if 44ad is adopted.
2. Can the gross receipts in bank account from US as well as India be shown as a combined figure and presumptive income be calculated at 6% of such amount?
A single person LLC is disregarded for tax purposes in US and its income is included in the total income of the sole proprieter himself. In view of this, a detailed study of the facts of the case viz., your residential status, mode of rendering the services, etc. and relevant tax laws of both countries including the Double Taxation Avoidance Agreement between India and US (specially Article 5 and 7) is essential to determine whether the US income would be taxable in India? Whether credit of US tax will be allowed in India or credit of Indian tax be allowed in US etc (exact facts would be required to determine these positions since even a slight variation or mis-interpretation may be disastrous).
There are many other options to legally lower the tax outflow.
You can send me the detailed facts of your case to get a prima facie opinion on the same. Since contact details cannot be mentioned in the replies (the system automatically deletes them) you would be required to book a consultation through this website, which would cost you Rs. 600 and I would receive a credit of Rs. 450 out of that.
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Thanks and regards,
CA Yogesh Malpani