14 May 2021
An assessee received Notice U/S 139(9) Erorr Code- 1022 as folowing : "The return of income filed by you as per the above details is considered as defective with-in the meaning of section 139(9) of the IT Act for the following reason: Reason Probable Resolution Taxpayer is offering Income under the head Profits and gains from Business or Profession. Hence, as per the provisions of Sec.44AA, the taxpayer is required to maintain books of accounts. As seen from the return of income filed, the taxpayer has offered regular business income in addition to Presumptive Income. However, Part A of the Profit and Loss Account and Balance Sheet are not filled, in respect of the regular business income. The correction of this defect has to be made by filing a corrected return. In the corrected return of income, the Balance Sheet and Profit and Loss account have to be filled, to show the basis on which regular income from business has been computed. Please note that the books of accounts are required to be audited, if the regular business income disclosed in the return is less than the limits prescribed under the presumptive taxation provisions of the Income Tax Act. Accordingly, books of account are to be maintained and the report of audit has to be furnished. Please note that if the defect is not addressed with-in the time allowed, your return of income will be treated as invalid." My Quarry is is the Commission agent is require to maintain Books U/S 44AA or not ? Please resolve my Problem. Please say how i can reply this Notice., Thanks & Regards
14 May 2021
yes 44aa is applicable for commission agent.. in other words you have to maintain books of account and trading &p/l account... you cant opt 44ad in case of commission agent
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