Shankar Sharma (Accounts Exec. - Fresher) (85 Points)
06 October 2010income from Goods carriage business (u/s 44AE-Estimated income) is 172000/-. NO ACCOUNT CASE/accounts not maintained. ITR4 filled in.. is it right .
Section 271A - Penalty for non maintenance of books of accounts is Rs.25, 000. Every Individual who
are having turnover more than 1,20,000 in a year shall need to maintain books of accounts. Naturally all
individuals who has 40 laks as turnover need to maintain books of accounts
what is mean by indicated in red, corresponding to 44AE
Samiksha
(Articles)
(345 Points)
Replied 06 October 2010
As per section 271a
"Section 271A
FAILURE TO KEEP, MAINTAIN OR RETAIN BOOKS OF ACCOUNT, DOCUMENTS, ETC.
Without prejudice to the provisions of section 271, if any person fails to keep and maintain any such books of account and other documents as required by section 44AA or the rules made thereunder, in respect of any previous year or to retain such books of account and other documents for the period specified in the said rules, the Assessing Officer or the Commissioner (Appeals) may direct that such person shall pay, by way of penalty, a sum which shall not be less than two thousand rupees but which may extend to one hundred thousand rupees."
and explaination to Section 44AE says
"(5) The provisions of sections 44AA and 44AB shall not apply in so far as they relate to the business referred to in sub-section (1) and in computing the monetary limits under those sections, the gross receipts or, as the case may be, the income from the said business shall be excluded."
Hope this will help u
CA Himanshu Bansal
(Risk Manager)
(2345 Points)
Replied 08 October 2010
If an Assessee is covered under Section 44AD, 44AE, 44AF, 44BB & 44BBB , it is not necessary for him to maintain books of accounts UNLESS he wants to DECLARE HIS INCOME LOWER THAN WHICH IS PRESCRIBED UNDER RELEVANT SECTIONS .
Live class on PF & ESI Enrollment & Returns Filing(with recording)
CAclubindia
