Section 44aa - maintenance of books of accounts.

This query is : Resolved

sidambaraselvan (Querist)
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25 April 2017 A male assessee who is aged about 77 years and he is Advocate by profession and doing only Chamber works. His annual income by way of Advocate Profession is less than Rs.80,000/= - It is not the constant income which will be earned every year. He has income by way of pension which is constant to an extent of Rs.1,45,000/= per annum.

In this situation, Whether Section 44AA will apply to him? If so, what are all the books of accounts should be maintained by him?

Clarify that whether Advocate profession is a proprietary profession or specified profession or any other?

Which ITR form should be used by him for the Assessment Year 2017 - 2018?

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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25 April 2017 Legal profession is a specified for maintenance of books u/s 44AA. But since his gross receipts from profession is less than Rs 50 Lakhs he can file his return u/s 44ADA by showing at least 50% of his gross receipts as his income. Accordingly he will not need to maintain any books of account.

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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26 April 2017 1. Section 44AA will not apply by virtue of proviso to rule 6F(1), gross receipts being less than Rs.1,50,000.

2. Specified profession vide section 44AA(1)

3. Form ITR-3. If you go by Goyal Ji, use form ITR-4

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