Audit U\s 44AB

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This query is : Resolved

Rajesh Rathi (Querist)

24 August 2009 one of my client was doing trading activity died in march 2009. his turnover was above 40 lacs. i want to know the procedure under the income tax act for filing the return and audit.

Ram Avtar Singh

Ram Avtar Singh (Expert)

25 August 2009 Section 44AB

AUDIT OF ACCOUNTS OF CERTAIN PERSONS CARRYING ON BUSINESS OR PROFESSION.

Every person, - (a) Carrying on business shall, if his total sales, turnover 711 or gross receipts, as the case may be, in business exceed or exceeds forty lakh rupees in any previous year, or

(b) Carrying on profession shall, if his gross receipts in profession exceed ten lakh rupees in any previous year, or

(c) Carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AD or section 44AE or section 44AF, as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any previous year, get his accounts of such previous year audited by an accountant before the specified date and furnished by that date the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed 714 :

Provided that this section shall not apply to the person, who derives income of the nature referred to in section 44B or section 44BB or section 44BBA or section 44BBB, on and from the 1st day of April, 1985 or, as the case may be, the date on which the relevant section came into force, whichever is later :

Provided further that in a case where such person is required by or under any other law to get his accounts audited, it shall be sufficient compliance with the provisions of this section if such person gets the accounts of such business or profession audited under such law before the specified date and furnished by that date the report of the audit as required under such other law and a further report in the form prescribed under this section. 716

Kaushal Jha

Kaushal Jha (Expert)

25 August 2009 every thing would be as usual except that instead of the assessee, who died in march 2009, his/her legal heir would sign the documents.

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