Notice 139 (9)
This query is : Open
06 October 2017
Dear Sir / Madam,
I got notice sec 139(9), pls let us know what need to do now...
Error Description Probable resolution
1 86
As per Section 44AD(6) of the Income Tax Act, 1961, the
provisions of Sec.44AD are not applicable to – (1) persons
carrying on professions that are referred to in
Sec.44AA(1), (2) persons earning income in the nature of
commission or brokerage, and (3) persons carrying on any
agency business.As seen from the return of income filed,
the nature of business code mentioned is 00301 General
Commission Agents, which falls in the categories
mentioned above. Hence, the provisions of Sec.44AD are
not applicable, in your case.
Probable resolution
As the provisions of Section 44AD are not applicable, in
your case, the claim of computing profits and gains of
business on presumptive basis, under this special provision
is not allowable. Hence, the above defect has to be
corrected by way of computing the profits and gains of
business under the normal provisions and not under
Sec.44AD and offering the same
I got notice sec 139(9), pls let us know what need to do now...
Error Description Probable resolution
1 86
As per Section 44AD(6) of the Income Tax Act, 1961, the
provisions of Sec.44AD are not applicable to – (1) persons
carrying on professions that are referred to in
Sec.44AA(1), (2) persons earning income in the nature of
commission or brokerage, and (3) persons carrying on any
agency business.As seen from the return of income filed,
the nature of business code mentioned is 00301 General
Commission Agents, which falls in the categories
mentioned above. Hence, the provisions of Sec.44AD are
not applicable, in your case.
Probable resolution
As the provisions of Section 44AD are not applicable, in
your case, the claim of computing profits and gains of
business on presumptive basis, under this special provision
is not allowable. Hence, the above defect has to be
corrected by way of computing the profits and gains of
business under the normal provisions and not under
Sec.44AD and offering the same
06 October 2017
If you have filed return under section 44AD on no accounts basis and has not furnished full balance sheet and P&L in return, you have to see whether your case does not fall under prohibited categories specified under section 44AD. If does fall, then you will have to prepare full balance sheet and P&L account and furnish the same in the return. Online response is to be given to notice u/s 139(9) and error needs to be corrected by uploading the corrected XML within 15 days otherwise return will be tendered invalid.
06 October 2017
If you have filed return under section 44AD on no accounts basis and has not furnished full balance sheet and P&L in return, you have to see whether your case does not fall under prohibited categories specified under section 44AD. If does fall, then you will have to prepare full balance sheet and P&L account and furnish the same in the return. Online response is to be given to notice u/s 139(9) and error needs to be corrected by uploading the corrected XML within 15 days otherwise return will be tendered invalid.
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07 October 2017
Dear Mr.Abhishek,
I just file on Presumptive income & profit basis. so there should not required any balance sheet PL. Is this Raised due to Commission agent code somthing ? if we can save to provide details than pls let us know. it was just simple return.
I just file on Presumptive income & profit basis. so there should not required any balance sheet PL. Is this Raised due to Commission agent code somthing ? if we can save to provide details than pls let us know. it was just simple return.
09 October 2017
Commission or agency business can not be shown under section 44AD.
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12 October 2017
So now what can i do in this case?
Can i revised return in another code or what other way ? Pls help
Can i revised return in another code or what other way ? Pls help
09 November 2017
You have to rectify the defect by showing income under profit and loss account and not under section 44AD.
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13 November 2017
Dear Sir,
When i am going to Response 139(9) from Income tax site than it is asking for upload XML file but i have no XML file b'coz yet i do not change.
if i am replying by revised filing u/s 139(9) than he took me back on Response 139(9) on income tax returns.
When i am going to Response 139(9) from Income tax site than it is asking for upload XML file but i have no XML file b'coz yet i do not change.
if i am replying by revised filing u/s 139(9) than he took me back on Response 139(9) on income tax returns.
14 November 2017
Yes you have to upload corrected XML in response to notice u/s 139(9).
14 November 2017
But sir how i find out XML file.
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