audit compulsory or not?

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NIRAV SAVLA (Querist)

09 June 2011 MY CLIENT IS A RATION AS WELL AS NON-RATION DEALER. HIS TOTAL TURNOVER DOES NOT EXCEED 60 LAKHS FOR A.Y.2011-12. HIS RATION SALES IS APPROX 40% OF TOTAL TURNOVER. IS HE LIABLE FOR AUDIT U/S 44AB IF HIS NET PROFIT MARGIN IS LESS THAN 8%?
ALSO WILL HE BE COVERED UNDER 44AD?

CA KRISHNA KUMAR DARUKA

CA KRISHNA KUMAR DARUKA (Expert)

09 June 2011 If the turnover does not exceed 60 lakhs he falls under section 44AD, but if profit is less than 8% of turnover than he has to get his accounts audited under section 44AB provided his total income exceeds minimum liable to tax.

NIRAV SAVLA

NIRAV SAVLA (Querist)

09 June 2011 if the books of accounts are not audited u/s 44AB , will he be liable for penalty if he is covered u/s 44AD and not showing income of 8%?

CA KRISHNA KUMAR DARUKA

CA KRISHNA KUMAR DARUKA (Expert)

09 June 2011 If the accounts are not audited, I think a presumptive assessment order will be passed taking 8% profit on turnover.

NIRAV SAVLA

NIRAV SAVLA (Querist)

10 June 2011 ok
so do you mean he will not be liable for penalty for not auditing?

Rakesh Jain

Rakesh Jain (Expert)

11 June 2011 Dear Nirav,

He will be lible for penalty of a sum equal to one-half per cent of the total sales, turnover or gross receipts, as the case may be, in business, or of the gross receipts in profession, in such previous year or years or a sum of one hundred fifty thousand rupees, whichever is less.(U/s 271B.)

This is because Sec 44AD direct assesse to provision of Sec 44AB for the purpose of Audit. It means the provision of Sec 44AB shall apply and conseauence of this the assessee shall be lible for a PENALTY U/S 271B.

With Regards,

NIRAV SAVLA

NIRAV SAVLA (Querist)

21 June 2011 THANK U SIR

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