respected members
my query is that: I filled return of an assessee in ITR 4 Business and profession and fill Iten No.53 as who have not books of accounts now assessess got notice under section 139 (9) that return is defective with code 31 means not filled profit and loss account and balance sheet . Assessee has not any authantatic details for profit and loss so plz help how we fill return again
thanks
Was the client required to maintain books u/s. 44AB?
What was the Business shown?
thanks sir for reply on my query.
No assessee was not under 44ab and education business show( home tutuion ) only for 150000/-pa
You could have files ITR4S SUGAM but check whether now you can file the same by making a online grievance in the portal
Dear Abhijit,
I think that if you fill ITR 4 under income from other sources head by showing tution fees then there will be no problem for it.
From my knowledge I know that if your tution centre registered then you can show it in business and profession head in ITR 4. But as I think it is not registered then you can show it Income from other sources head in ITR 4
check whether item no 6 is also filled? or in space of balance sheet the data is shown under books of accounts maintained section?
also in aknowledgement , "general part A: section 44AA status is shown as NO or not.
if above clarifications are confirmed then department usually does not send notice.
As per sec 44AA maintenance of books of accounts of necessary if their total income from business/profession(other than specified) exceeds 120000 or in case of gross receipts exceeds 1000000 in any of the previous three years.Income tax department has sent the notice beacuse you should not have filled item no. 53 since as per the above section maintenance of books of accounts is necessary.
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