LIC AGENT COMMISSION WHICH ITR SHOULD BE FILE

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An LIC agent who received commission income of Rs 5,87,000 in FY 2020-21 is unsure which Income Tax Return (ITR) to file, especially after receiving a notice for a defective return (139(9)) last year. The agent doesn't maintain books of accounts and had filed ITR 3 previously, which led to the notice requiring a Profit & Loss account and Balance Sheet. The agent is seeking advice on whether to file ITR 3 again to avoid penalties or if there's a better alternative, given the lack of expenses and office.

Kiran S. Bhoite

Kiran S. Bhoite (Querist)
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05 October 2021 I AM LIC AGENT , IN F.Y 2020-21 I RECEIVED COMMISSION AMOUNT RS. 5,87,000. AND TDS DEDUCTED FOR THAT AMOUNT. I AM NOT MAINTAIN ANY BOOKS OF ACCOUNTS. WHICH ITR SHOULD I FILE?
LAST YEAR I FILED ITR 3, BUT DEPARTMENT SEND ME NOTICE REGARDING 139(9) DEFECTIVE RETURN, IN THAT NOTICE THEY WANTS PROFIT AND LOSS A/C AND BALANCESHEET. BUT I HAVE NO OFFICE AND NO CLAIMING ANY EXPENSES. COMMISSION RECEIVED DIRECTLY DEPOSIT INTO BANK. SO, I AM IN DELEMMA. WHETHER I FILED ITR 3. IT IS ATTRACT TO DEFECTIVE U/S 139(9) OR IF I NOT FILED IT LEAVED ME PENALTY OR INTEREST.
WHAT SHOULD I DO? PLEASE HELP.
I AM NOT YET MAINTAIN ANY BOOKS OF ACCOUNTS.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 October 2021 File ITR 3.
In p and l fill full income zero expenses.
In balance sheet fill bank balance and equivalent share capital.
That's filling bs and p and l in your case, your return will be accepted.

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Kiran S. Bhoite

Kiran S. Bhoite (Querist)
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05 October 2021 Thank you sir,
I will give response in same manner for my defective return of last year also. Is it Ok sir?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 October 2021 Yes, it's okay......

Kiran S. Bhoite

Kiran S. Bhoite (Querist)
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11 October 2021 I have problem while filing defective return. I received 139(9) defective return. In that they required to file defective along with Profit and loss Account and Balancesheet. I am fill all requirement. when i filing this return there are some error is shown i.e. In Schedule VI A, total deductions under Part B- Deduction in respect of certain payments is not equal to total of individual deductions claimed under Part B- Deduction in respect of certain payments. I Check all data is correct. What should I do

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