Filling of balance sheet and p&l

ITR 878 views 13 replies

Received this notice by my friend

"Assessee has claimed loss under the head profit and gains of business or profession, however he has to fill Balance sheet and Profit and Loss account. Incase assessees falls under section 44AD/44AE/44ADA, assessee also has to get his books of account audited if the income offered is less than the prescribed limits as per the provisions of the Income Tax Act."

My query as follows:

If the person is not having the receipts and profits as specified in Sec 44AA,then such person need not not maintain books of accounts. Even the person didn't opted for presumptive taxation. Then why he has to fill balance sheet and profit and loss ac in income tax return? Is there any specific provision like that?

*He is having only loss and no other incomes. Turnover is also less than the specified limits u/s 44AA.He is not a professional also.

 

Replies (13)
Have you filed the ITR via new income tax utility (.json) ??

No sir..its related to ay 20_21

They are having less than 25lakhs gross receipts and loss from the business 

You have to fill Balance Sheet and P&L.

As you are not claiming 44AD/ADA, you have to file ITR 3 form. Which is specifically for business/profession and it requires details of BS and p&l.

Though audit will not be applicable, but fill the details.
Sir,but sec 44aa says,if gross receipts are less than 25lakhs and having loss then no need of maintaining BOA..
You are correct, no doubt.

But department is concerned that, as you are not maintaining books of accounts then how can you say that you incurred losses.

This means you have maintained books, which has to be shared with the department.
In website they didn't enabled option for uploading the itr for previous years also..I was just puzzled how to file the return if I agree for the same
If you try to revise/rectify it from new utility/website (.json), it will show an error that audit will be applicable u/s 44AD/ADA, which I think is not correct.

So file the ITR using private softwares such as computax, etc
While generating notice they gave an option for itr uploading but it was not enabled yet..

yes sir..I will try to upload it from private website.shall I revise or rectify the return sir..which option is better?
That depends on content of notice and other parameters.

Which you to decide.
Notice is only regarding filling of bs and pl
Kindly check the due date for revising, if it is available then go for revise.

If not, then you will have to rectify it.

(I'm not updated with the latest filing dates)
Ok sir..thankyou so much for your valuable info...


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