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if return is not filled on due date whether 44AF availed

This query is : Resolved 
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(Querist)
08 December 2008 One of our client retail trade business .having turnover of less than Rs.40,00,000/- but he could not file his return before due date can he get presumption of 5% of turnover in this case.
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
08 December 2008 Yes.
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Kapil Arora

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Kapil Arora (Expert)
08 December 2008 Yes as per Sec.139 the assessee can avail the faciilty that is availaible in Sec 44Af of Income Tac Act,1961
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CA Tilak Raj Sharma

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CA Tilak Raj Sharma (Expert)
08 December 2008 Yes.
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