urgent sec 44Ab abount Turnover ???
This query is : Resolved
31 July 2010
my client sales during the year only 9 Lac
but purchase 1 crore...
so tax audit apply or not ???
reply??
but purchase 1 crore...
so tax audit apply or not ???
reply??
31 July 2010
Tax audit will not apply.
In the “Guidance Note on Terms used in Financial Statements” published by ICAI, “the expression “Sales Turnover” has been defined as: “The aggregate amount for which sales are effected or services rendered by an enterprises. The term ‘gross turnover/sales’ and ‘net turnover/sales’ are sometimes used to distinguish the sales aggregate before and after deduction of returns and trade discounts”
In the “Guidance Note on Terms used in Financial Statements” published by ICAI, “the expression “Sales Turnover” has been defined as: “The aggregate amount for which sales are effected or services rendered by an enterprises. The term ‘gross turnover/sales’ and ‘net turnover/sales’ are sometimes used to distinguish the sales aggregate before and after deduction of returns and trade discounts”
31 July 2010
Fact of the case
Sales amounting to Rs 9 lakh and purchase is 1 crore
Provision in Income tax Act
Turnover, sales , gross receipts exeeds 40 lakh, then Tax audit will be applicable.
Conclusion
In your cases, there is no sales exeeding Rs 40 lakh so no scope for tax audit in your case
Sales amounting to Rs 9 lakh and purchase is 1 crore
Provision in Income tax Act
Turnover, sales , gross receipts exeeds 40 lakh, then Tax audit will be applicable.
Conclusion
In your cases, there is no sales exeeding Rs 40 lakh so no scope for tax audit in your case
31 July 2010
Only turnover matters for section 44 AB. So if it does not reaches 40Lacs, No TAX Audit will apply, howsoever big is the figure of purchase.
31 July 2010
Contrary view in this judgement
Purchases will be treated as turnover
The Lordship Mrs.Sujata v. Manohar and D.P.Wadhwa J.J dismissed the special leave petition filed by the Department against the judgment dated 27/03/1996 of the Bombay High Court in ITA No. 924 of 1995, whereby the High Court rejected the reference application of the Department on the question whether the Tribunal was right in holding that the return filed by the assessee on 30th October, 1991, for the A.Y. 1991-92 was in time as it was under obligation to get its accounts audited in view of its purchases being in excess of Rs.40 lakhs and turnover connoted Sales or Purchases?[Chief CIT v. Vijay Maheshwari HUF C.C. No. 7819 of 1997 (228 ITR 157 (SC))].
Purchases will be treated as turnover
The Lordship Mrs.Sujata v. Manohar and D.P.Wadhwa J.J dismissed the special leave petition filed by the Department against the judgment dated 27/03/1996 of the Bombay High Court in ITA No. 924 of 1995, whereby the High Court rejected the reference application of the Department on the question whether the Tribunal was right in holding that the return filed by the assessee on 30th October, 1991, for the A.Y. 1991-92 was in time as it was under obligation to get its accounts audited in view of its purchases being in excess of Rs.40 lakhs and turnover connoted Sales or Purchases?[Chief CIT v. Vijay Maheshwari HUF C.C. No. 7819 of 1997 (228 ITR 157 (SC))].
31 July 2010
In the “Guidance Note on Terms used in Financial Statements” published by ICAI, “the expression “Sales Turnover” has been defined as: “The aggregate amount for which sales are effected or services rendered by an enterprises.
In the statement issued by ICAI on the companies (Auditors’ Report) Order 2003 the word ‘turnover’ has been defined as under-
“The term ‘turnover’ for the purposes of this clause may be interpreted to mean the aggregate amount for which sales are effected or services rendered by an enterprises”
In the statement issued by ICAI on the companies (Auditors’ Report) Order 2003 the word ‘turnover’ has been defined as under-
“The term ‘turnover’ for the purposes of this clause may be interpreted to mean the aggregate amount for which sales are effected or services rendered by an enterprises”
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