Notice u/s 139(9) for return filed in ITR-3
I have received a notice u/s 139(9) for my return filed in ITR-3 for AY 2017-18. Error code is 180, saying that "a) The Gross receipts is not mentioned in the Profit & Loss
A/c, OR b) The profit shown is less than 6% of the gross
receipts as prescribed u/s 44AD but has not mentioned the
maintenance of the books of accounts and audit report
u/s 44AB in Part A-General and the total income exceeds
the maximum amount not chargeable to income tax".
I filed my ITR u/s 44AD in ITR-3, so maintenance of the books of accounts(44AA) and audit report u/s 44AB were not required and these were selected as ‘NO’ in Part A-General. Business code mentioned was that for Trading.
Being compliant u/s 44AD Gross receipts (Rs 1035831) and net profit (Rs 318769) were provided under 53(i)a and 53(i)d respectively under NO ACCOUNT CASE in Part A-P & L. Gross receipt is well below the upper limit of 2 crore and profit shown is more than 30% as prescribed u/s 44AD.
In schedule BP, item A4 and A35i were used to convey it appropriately that business income needs to be considered u/s 44AD.
Last year, I submitted the return (in ITR-4) in exactly the same manner, which got duly processed.
Also, while trying to SUBMIT response to the notice in incometaxindiaefiling.gov.in, it says "No records found".
I would appreciate experts suggesting the resolution.
Thanks in advance!
Anil Kumar
CAclubindia
