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Defective return u/s 143(1)

23 December 2016

ITR 4 for the AY 2016-17:filed with figures of Gross Receipt, Gross Profit, Exp. and Net Profit figures have been filled under column "Regular Books of Account of Business & Profession are not maintained. An Email from CPC received asking to fill the Balance Sheet & P&L A/c figures should be entered in the ITR form. Now what to do, as there is no books have been maintained. 1. Is the Income Tax Department right? 2. What figure I have to fill?

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20 Replies

CA Amisha (Practicing ) (161 Points)
Replied 23 December 2016

if the books are not maintained, I assume the return is filed under section 44ad. If that is the case, ITR form used by you is wrong. ITR 4S is to be used for presumptive income. Rectify it in the new form and upload in the site.

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chandan choubey (Article) (31 Points)
Replied 23 December 2016

if assessee have commission income from LIC

pankajkumar gadi (proprietor) (24 Points)
Replied 23 December 2016

Both ITR 4 and 4s require to be filled with balance sheet items. as to sundry debtors, closing stock, sundry creditors and cash in hand details

Suraj (B.Com) (44 Points)
Replied 23 December 2016

The question is about whether BS & PL is mandatory for ITR 4 ? If so then why those option of books not maintained is given... In case if there is no sundry debtors or creditors what should we do ?

Suraj (B.Com) (44 Points)
Replied 23 December 2016

if the return is presumptive taxation no books of accounts are required that is very clear from section 44AD

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VIKASH SINGH (ARTICLE) (92 Points)
Replied 23 December 2016

ITR 4 is to be filed where books of accounts are maintain but where books of accounts are not maintained and claims presumptive taxation u/s 44AD Return is to be file in Form 4S.

Suraj (B.Com) (44 Points)
Replied 23 December 2016

then explain the purpose of books not maintained clause in ITR4

Jatin (Student CA Final ) (39 Points)
Replied 23 December 2016

yaa right I had also filed some returns in ITR 4 where no books have been maintained, but I had not received any notice

VIKASH SINGH (ARTICLE) (92 Points)
Replied 23 December 2016

u can revise ur return

Rohit Deshpande (student) (99 Points)
Replied 24 December 2016

In case of LIC commission u can use form 2A

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VIKASH SINGH (ARTICLE) (92 Points)
Replied 24 December 2016

And section 143(1) is for intimation . For defective return there is specific section 139(9)

pankajkumar gadi (proprietor) (24 Points)
Replied 24 December 2016

presumptive income is the part of profit and loss account but you have to state the balance sheet items though you are have not maintained

Umar aslam et (Article assitant) (35 Points)
Replied 24 December 2016

revise your return using itr 4s then

saurabh shahu (Audit Assistant) (142 Points)
Replied 24 December 2016

Neha Gupta,

First of all login into incometaxefiling and download the XML File and open this Java Utility.. Fill the Tentative figure as Debtors, Creditors, Closing Stock & Cash in hand in B/S Sheet in bottom side also modify the BP Sheet and put the Business Profit figure in 44AD Column and save the XML and upload with response to 139(9) ....your return will be process.i also suffered from this same situation but i have done it whatever i told you in text.....