Section 44AE of Income Tax Act: Presumptive Taxation Scheme for Transporters

byPaytm Editorial TeamLast Updated: September 9, 2025

This article explains Section 44AE, a tax rule in India that makes life easier for small businesses with trucks or goods vehicles. It shows how tax is decided using simple monthly rates per vehicle, who can use it, what’s good and what to watch out for.

Section 44AE of Income Tax Act

Tax compliance can often be challenging for small businesses, especially transport operators who manage trucks and lorries. Recording every fuel bill, repair expense, or driver payment is time-consuming and difficult. To reduce this burden, the Income Tax Act introduced Section 44AE, a presumptive taxation scheme.

Under this scheme, instead of maintaining detailed accounts, transporters can declare a fixed income for each vehicle, based on simple calculations. This makes tax filing straightforward and predictable, allowing small businesses to focus on operations rather than paperwork.

Who Can Opt for Section 44AE?

Section 44AE is available to small goods transport operators who own or lease not more than ten goods vehicles at any time during the financial year. The scheme can be used by individuals, Hindu Undivided Families (HUFs), and partnership firms. Companies and LLPs are not eligible.

Only businesses engaged in transporting goods by road can benefit from this provision. Passenger transport vehicles, such as buses, do not qualify.

How Presumptive Taxation Works under Section 44AE

The word “presumptive” means that income is assumed rather than calculated from actual records. Instead of keeping track of every rupee earned or spent, the law prescribes a fixed monthly income per vehicle. That amount becomes the taxable income.

The calculation is simple:

  • For light goods vehicles (less than 12 tonnes), income is fixed at ₹7,500 per vehicle per month.
  • For heavy goods vehicles (12 tonnes or more), income is calculated at ₹1,000 per ton of gross vehicle weight per month.

Even if a vehicle is owned or leased for only part of a month, the entire month is counted. For example, a transporter with a 15-ton truck will be deemed to earn ₹15,000 per month from that vehicle, while a smaller 10-ton truck will be treated as earning ₹7,500 per month.

Key Benefits of Section 44AE

The main advantage of Section 44AE is simplicity. Small transporters are freed from the burden of maintaining detailed books of accounts, preserving bills, or undergoing tax audits. Tax liability becomes predictable because it is based on a fixed formula, not fluctuating expenses or uncertain profit margins. 

This scheme also helps reduce compliance costs, as professional accounting assistance is not always necessary.

Limitations and Conditions

While Section 44AE is beneficial, it has certain restrictions. The scheme cannot be used if the taxpayer owns more than ten goods vehicles at any point in the year. It applies only to goods carriage businesses and not to passenger transport. 

Another limitation is that actual expenses such as fuel, maintenance, insurance, or driver salaries cannot be separately claimed as deductions. The presumptive income figure already accounts for these.

Depreciation and Deductions

Depreciation on vehicles is considered to have been allowed under this scheme and is adjusted in the written-down value of the assets for future years. Taxpayers cannot claim depreciation separately to reduce taxable income. 

However, deductions under Chapter VI-A, such as investments in LIC or provident fund, are still available. Partnership firms can also claim deductions for partners’ salary and interest as permitted under Section 40(b).

Advance Tax under Section 44AE

Taxpayers covered under Section 44AE are required to pay advance tax if their tax liability for the year exceeds ₹10,000. In practice, they usually need to pay the full amount of advance tax by March 15 of the financial year, instead of making quarterly installments.

Switching Between Presumptive and Regular Taxation

Eligible taxpayers can choose to opt for presumptive taxation under Section 44AE. However, if they wish to declare income lower than the presumptive amount, they must maintain proper books of accounts as per Section 44AA and get them audited under Section 44AB. Switching between presumptive and regular taxation should be done carefully, as frequent changes can trigger audit requirements and increase compliance.

Comparison with Other Presumptive Schemes

The Income Tax Act provides other presumptive taxation schemes as well. Section 44AD applies to small businesses and estimates income at 8% of turnover (6% for digital receipts). Section 44ADA applies to specified professionals such as doctors and lawyers, allowing them to declare 50% of their receipts as income. 

Section 44AE is unique because it applies only to goods transport operators, with income calculated on a per-vehicle, per-month basis.

Common Mistakes to Avoid

Transporters often make errors such as including passenger vehicles, exceeding the ten-vehicle limit, or mixing personal vehicles with business ones. Another mistake is assuming that Section 44AE covers GST obligations. It only simplifies income tax. Businesses must separately comply with GST if their turnover crosses the prescribed threshold.

Practical Tips for Transporters

This scheme works best for small transport businesses with up to ten vehicles whose actual profits are close to or above the presumptive rates. To remain compliant, transporters should maintain a simple record of vehicle ownership and usage months, file returns within the due date, and pay advance tax on time. 

As the business grows or if actual profits are consistently lower than presumptive income, professional advice becomes important to decide whether to continue with this scheme or shift to regular taxation.

Conclusion : Section 44AE of the Income Tax Act is a simplified taxation scheme designed to reduce the compliance burden on small goods transport operators. By assuming a fixed income per vehicle, it eliminates the need for detailed accounts, reduces paperwork, and provides certainty in tax liability. 

However, it comes with limitations such as a cap on the number of vehicles and the inability to claim actual expenses. For many small transporters, it serves as an efficient shortcut, but as the business grows, reassessing the suitability of this scheme with professional guidance becomes essential.

FAQs

Do I need to keep detailed books of accounts?

No, unless you declare lower actual income than presumptive income.

Can I claim actual expenses like fuel and salary?

No, you cannot claim such expenses under this scheme.

What about depreciation?

You can’t deduct it, but can adjust WDV for asset tracking.

Is advance tax applicable?

Yes, due by March 15 if your tax payable exceeds ₹10,000.

How does Section 44AE compare with 44AD or 44ADA?

44AD is for small businesses (8% turnover), 44ADA for professionals (50% receipts), while 44AE is for transporters with fixed per vehicle rates.

Are GST rules affected by Section 44AE?

Section 44AE handles income tax only. You must still follow GST if required.

What documents should I keep even under Section 44AE?

Keep basic records like list of vehicles and duration of ownership/lease to justify eligibility.

Is TDS applicable to transporters under Section 44AE?

If you provide PAN, TDS may be waived under Section 194C(6). Else, TDS may apply.

What if actual income is higher than presumptive income?

You may declare higher actual income if you prefer, even under this scheme.
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