Comment on Notice under Section 139(9)? - Possible reason
commented on
06 Sep 2014, 11:20 PM
44AA: MAINTENANCE OF BOOKS OF ACCOUNTS
WHO SHOULD MAINTAIN:
a. If a person carrying on business / profession and income from such business/ profession has exceeded 1,20,000 in any of the three p.y. or current p.y. (for newly set up business)
b. If turnover / gross receipts has exceeded Rs 10 lacks in any of the three p.y. or current p.y. (for newly set up business)
For business set up in p.y.12-13 and during that year turnover has exceeded 10 lacks or income has exceeded 1,20,000, a person should maintain books of accounts.
Other cases: If turnover or income has exceeded those limits in p.y. 09-10 or 10-11 or 11-12, a person should maintain books of accounts.
Note: limits of 1,20,000 should be increased to 1,50,000 for professions notified in rule 6f.
Where assessee is showing profit under presumptive taxation u/s 44AA, 44BB, 44BBB, he is showing lower profit than prescribed in those sections .
Where assessee is showing profit under presumptive taxation u/s 44AD , he is showing lower profit than prescribed in that section and DURING THAT PREVIOUS YEAR HIS INCOME EXCEEDED THE BASIC EXEMPTION LIMIT.
So if assessee has income lower than basic exemption limit or loss , he can show profit less than 8% without maintaining books of accounts.
BOOKS TO BE MAINTAINED:
• Cash book
• Ledger
• Journal
• Bills of income for amounts exceeding Rs. 25
• Bills of exp for amounts exceeding Rs. 50
• Medical practitioner should maintain daily cash register and inventory record .
THE BOOKS SHOULD BE MAINTAIN FOR A PERIOD OF SIX YEARS FROM THE END OF THE ASSESSMENT YEAR OR IF THERE IS REASSESSMENT, UNTIL COMPLETION OF RE ASSESSMENT.
Sec 44 AB : AUDIT OF ACCOUNTS
WHO HAVE TO MAKE HIS ACCOUNT AUDITED?
• Person carrying on business and total sales, turnover or receipts has exceeded 1 crore rs. In p.y.
• Person carrying on profession and gross receipts has exceeded 25 lacks rupees in previous year
• Where assessee is showing profit under presumptive taxation u/s 44AA, 44BB, 44BBB, he is showing lower profit than prescribed in those sections .
• Where assessee is showing profit under presumptive taxation u/s 44AD, he is showing lower profit than prescribed in that section and DURING THAT PREVIOUS YEAR HIS INCOME EXCEEDED THE BASIC EXEMPTION LIMIT.
So if assessee has income lower than basic exemption limit or loss , he can show profit less than 8% without making his account audited.
HOW TO CALCULATE TURNOVER:
When 2 business: clubbed the income of both business
When 1 business and 1 profession: get the account audited if turnover of the business exceeds 1 crore or receipt of the profession exceed 25 lacks.
Note: Receipt should be from business or profession and not from the sale of fixed assets. While calculating turnover for agents, consider only commission charges.
In calculating turnover u/s 44AA and 44AB, turnover u/s 44AE shall be excluded.
LAST DATE FOR AUDIT IS 30 SEPTEMBER.
PENALTY: Non compliance will attract penalty of half percent of turnover or 1,50,000 whichever is lower.
SEC 44AD: PRESUMPTIVE TAXATION
• It is only for individual, HUF and firm (not LLP) Carrying on business except business u/s 44AE.
• ASSESSEE ‘s gross receipt should not exceed 1 crore.
• Assessee can declare 8% or higher sum of his gross receipt as his income under this section and he has no need to maintain accounts or get the accounts audited.
• So it assessee is declaring lower income than 8% and his total income exceeded basic exemption limit , he should get his accounts audited by CA u/s 44AB.
• Advance tax provision is not applicable to the assessee following sec 44AD.
• ASSESSEE cannot get deduction u/s 10AA AND business related deduction of chapter 6A. He can get deduction u/s 80c to 80G.
• All deduction u/s 30 to 38 and depreciation shall be deemed to have been allowed.
• Written down value of assets shall be calcul