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Defective ITR3

Notices & Assessments 523 views 7 replies

I have a business of Computer repairing.

Gross Receipt : 4,92,000

Gross Profit     : 4,50,000

Net Business Profit : 3,18,500

FD interest Income : 1,66,500

LTCG (Filled Schedule 112A) : -10,500 ( Loss )

I filed ITR 3 with "No account case" option and " Declairing income only uder 44AD/44ADA/44AE " - NO option

Business code opted : 140008

Now I have got a defective return notice u/s 139(9) that :

Taxpayer is offering Income under the head Profits and gains from Business or Profession. Hence, as per the provisions of Sec.44AA, the taxpayer is required to maintain books of accounts. However, as seen from the return, the taxpayer has not filled up Part A of the Profit and Loss Account and Balance Sheet. Further, income from business has not been offered under presumptive taxation, if eligible.

Please suggest me how should I rectify the defect.

Can I change now the option for "Declairing income uder 44AD/44ADA/44AE " - YES  and 

Fill up the "COMPUTATION OF PRESUMPTIVE INCOME UNDER 44ADA" at serial no 62 of P/L tab ?

What would be the best for me ?

Thanks in advance !


Attached File : 2563902 20210525114556 notice 139 9 .rar downloaded: 69 times
Replies (7)

You should maintain books of accounts as your total income is more than 2,50,000 as per sec 44AA.

You can't show under 44ADA as it is not a specified profession as per 44AA.

You can go with 6%/8% as per 44AD.

 

Or else you can also try your way of showing business income PL. if further defective notice comes and go with books maintain case./44AD case.

At Sl. No. 61 under P/L (section 44AD) : the business code 140008 is not listed. Can I change my Business code in reply to defective notice?

 

As my business code is : 140008 as per filed ITR3

If I opt for fill up P/L & BS

Where shall I show my gross receipt ?

under head i) by sale of goods ii) by sale of service 

or iii) others

Please help.

Thanka !

It will be under sale of services. 

Thanks for the good suggestion.

One more question.

As per 139(9) notice my last date of submissions is 25.05.2021.

Is the last of submission of response to notice is extended for all ?

Response for 139(9) notice must be with in 15 days from the date of notice. better to complete by end of today.
there are circumstances where belated return filed lately and processed.
A.O. may condone the delay in filing in response to defective notice.
Computer repair services may be treated as business and profits can be reported as per 44ad.

Hi Did you get the solution 

i have received the same error

 

thanks,

Vineet 


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