Business code for a medical store (got notice under 139(9))

ITR 3869 views 6 replies

Karthick J

86 Points Joined June 2017

I have a partnership firm which engages in retail sale of medicines(It is a common medical store, that everyone buys medicine from). I had filed ITR4(A.Y 18-19) and paid tax under presumptive scheme(44AD). In the Nature of Business I had selected "18009 - Medical suppliers, agencies and stores". Today I got a notice under 139(9) saying "the provisions of Sec.44AD are not applicable to persons carrying on any agency business.". But my firm is not a agency business. It is a retail medical store. Now it is clear that I have to select something else in "Nature of business". The two codes which I have shortlisted are

09022 - Retail Sale of other goods in specialized stores (I am assuming medical store is a specialized store)

09028 - Retail sale of other products n.e.c (I don't know what n.e.c means)

Which code should be chosen so that I won't get any further notice for 44AD applicability? Please advise. Thanks in advance for your guidance.

Replies (6)

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

197085 Points Joined July 2016

n.e.c. – not elsewhere classified

Either of them should work...... but go for '09028' ......... Good Luck ...

Karthick J

86 Points Joined June 2017

Sir, Thank you for your excellent guidance, as always. I will choose 09028.

Just another related clarification. Now I have to just change the "Nature of Business" and "Return filed under section"(to response u/s 139(9)), and generate a new X M L. How should I upload this X M L. When I select "e-File -> Response to notice u/s 139(9)", it says "No records found"

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

197085 Points Joined July 2016

That's the big problem..........

Notice u/s. 139(9) is received first, while compliance (to reply the same) is updated about 3/4 days afterwards.

So, wait .....it will be updated by next Wednesday.....

Karthick J

86 Points Joined June 2017

Sir, Thank you again for the clarification.

Karthick J

86 Points Joined June 2017

Update.

I could never file a corrected X M L so far, as "e-File -> Response to notice u/s 139(9)", always said "No records found".
Today I a message from CPC IT department, that my original ITR has been processed. But I never did anything for the notice. Maybe IT department realized their mistake and processed it.