notice for defect u/s 139(9) error code 31

This query is : Resolved

Shivani Bhardwaj (Querist)
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24 December 2016 I have received a notice from department stating that there is defect in the ITR filed for AY16-17. Assessee has filed ITR-4 being a tuition teacher. She does not maintain regular books of accounts, so presumed income is considered. In the return filed, I have shown gross profit and net profit, where regular books of accounts does not maintained by the assessee, but nothing is shown in balance sheet pt no 6 i.e no account case section, where columns are: sundry debtors, sundry creditors and cash balance amount the defect in the notice is taxpayer having income under PGBP but has not filled B/S and P/L account as per sec 139(9)(f) r.w.s 44AA For last AY also, I have filed the return on similar lines but no objection came in that year. Please suggest what has to be done. Whether I need to agree with defect and file the rectified return, then what will be the rectification? or I need to disagree with the defect, then what reason has to be stated in the remarks column Please reply....it's urgent Thanks in advance.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 December 2016 Agree with the defect file rectified return. In the balance sheet show the bank and cash balance under asset side and show the same amount under capital ac under liability side. Fill the tuition income in the P&L ac.

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