139-9 defective notice; error code 31; b/s & p&l not filed

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 December 2016 Assessee has 2 house properties- One individual business offered u/s presumptive... And share of profits from partenrship business... Since he has two house properties I have filed his returns in ITR-4.... Now defective notice is served saying ITR b/s and p/l not filled-error code 31... This is books not maintained case....

So should i reply as...
Option 1:- in defective reply colum- as in not agree to notice stating that assessee has filed itr 4 cos of two house properties and also that assessee has offered business income under presumptive...

Option 2:- Should i file defective returns u/s 139-9 filing cash balance, gross profit.. gross receipts...expenses...net profit???? Does this also mean i need to fill in P&L a/c and balance sheet or is it suffficient filing in just cash balances and net profit as filing in balance sheeet would mean books are maintained right????

Please guide me....

Nikhil Kaushik

Nikhil Kaushik (Expert)
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26 December 2016 you dont have to fill the balancesheet and P&L. just fill the no-accounts case part of the Balance Sheet and P&L sheets. in the BP sheet, mention the whole of the profit in 44AD column.