Tax audit rules 44ab

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27 June 2013 want to know

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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28 June 2013 Audit of accounts of certain persons carrying on business or profession.
5544AB. 56Every person,—
(a) carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds 57-58[one crore rupees] in any previous year 59[***]; or
(b) carrying on profession shall, if his gross receipts in profession exceed 60[twenty-five lakh rupees] in any 61[previous year; or
(c) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under 62[section 44AE ] 63[or section 44BB or section 44BBB], as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any 64[previous year; or]] 65[***]
66[(d) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AD and he has claimed such income to be lower than the profits and gains so deemed to be the profits and gains of his business and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year,]
get his accounts of such previous year 67[***] audited by an accountant before the specified date and 68[furnish by] that date the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed :
69[Provided that this section shall not apply to the person, who derives income of the nature referred to in 70[***] section 44B or 71[section 44BBA], on and from the 1st day of April, 1985 or, as the case may be, the date on which the relevant section came into force, whichever is later :
Provided further that] in a case where such person is required by or under any other law to get his accounts audited 72[***], it shall be sufficient compliance with the provisions of this section if such person gets the accounts of such business or profession audited under such law before the specified date and 73[furnishes by] that date the report of the audit as required under such other law and a further report 74[by an accountant] in the form prescribed under this section.
Explanation.—For the purposes of this section,—
(i) "accountant" shall have the same meaning as in the Explanation below sub-section (2) of section 288;
75[(ii) "specified date", in relation to the accounts of the assessee of the previous year relevant to an assessment year, means 76[the due date for furnishing the return of income under sub-section (1) of section 139].]]

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