Easy Office
LCI Learning

Notice u/s 139 (9) error 86

This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
21 October 2017 I have received a notice from IT department for having filed defective return for AY 2017-18. The notice says: Error Code 86
As per Section 44AD(6) of the Income Tax Act, 1961, the provisions of Sec.44AD are not applicable to – (1) persons carrying on professions that are referred to in Sec.44AA(1), (2) persons earning income in the nature of commission or brokerage, and (3) persons carrying on any agency business.As seen from the return of income filed, the nature of business code mentioned is 00301 General commission Agents, which falls in the categories mentioned above. Hence, the provisions of Sec.44AD are not applicable, in your case.

Possible resolution: As the provisions of Section 44AD are not applicable, in your case, the claim of computing profits and gains of business on presumptive basis, under this special provision is not allowable. Hence, the above defect has to be corrected by way of computing the profits and gains of business under the normal provisions and not under Sec.44AD and offering the same.

I am a post office agent so put 0301-General Commission Agents.
I DID THE SAME FILLING FOR LAST YEAR BUT DID'NT FACE THIS PROBLEM....
Please help and suggest what should I do.

21 October 2017 You are not eligible to claim benefit under 44AD so accept the mistake and file return correct it.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
21 October 2017 mr. CA R SEETHARAMAN how??????





21 October 2017 commission........ not covered under 44AD.
If last year it has been allowed does not give you any right that it should be allowed this year as well....

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
21 October 2017 SIR Amol S Joglekar

PLS TELL ME WHAT CAN I DO.....NOW....

21 October 2017 Accept the error. File revise return u/s 139(9) within 15 days of notice.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
22 October 2017 SHOULD I HAVE TO FILE ITR 3 INSTEAD OF ITR4?(as i saw in a article where itr3 has been mention for filling of income by commission)

OR
BY computing the profits and gains of business under the normal provisions i still get my return back

pls reply


22 October 2017 File ITR 3 instead of 4.




22 October 2017 Please do as directed by CA R Seetharaman



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries