Defective return as stated by cpc

ITR 366 views 9 replies

Tathagata Basu

Accountant

32 Points Joined June 2013

I am an Accountant do work with one company on retainership agreemnt from last 9 years. They deduct TDS from my professional service fees u/s.194J. I file my return every year to get the refund and I declare income over 50% of my Gross receipt. This year I have declared 1.72 lacs for Gross receipt ( as stated in Form 16A) Rs.3.18 Lacs.

Now I found that CPC has determined my return as defective stating that I did not fill up Profit & Loss account and Blance Sheet.

Now my question is whether it is mandatory to prepare profit and loss account and balance sheet in my case ? Please be noted that I am not a CA or Cost Accountant.

I have disagreed with the view and replied on line. Now what would be my next step? I need the refund back immediately.

Please suggest me.

Replies (9)

ACA Anurag

Enjoy the little things

14706 Points Joined August 2012

Dear User,

In case you have filled ITR 4 and not filled the coloum of mandatory field then it would be treated as defective return . Fill the mandatory coloum and file the return in response of 139(9)

Hope your query is resolved

Kindly like if my response has helped you

Tathagata Basu

Accountant

32 Points Joined June 2013

Hi Mr.Anurag,

Thanks for reply. I have filed ITR-4 online therefore there is no chance of missing any mandatory field. I have uploaded the X M L file. They have not issue me any notice U/s.139(9) it was a dispyaled in the dashboard under pending action and I have replied in the same and submitted.

Please advise.

Thanks

anchal verma

article

141 Points Joined January 2014

have you chosen the section 44 ad income under form 4

Tathagata Basu

Accountant

32 Points Joined June 2013

Like wise every year I have choosen Income From Business profession. And Shown Gross Receipt less Expenditure and Net profit as Income from Business Profession. I am fllowing the same from FY:2010-11 on wards.

Thanks

anchal verma

article

141 Points Joined January 2014

what have u uploaded in the pending action

Tathagata Basu

Accountant

32 Points Joined June 2013

Hi,

Yes I have just reply in action and submitted in Pending Action.

saurabh kumar

Tax Consultant

348 Points Joined July 2016

Are you really sure that accounts are not to be maintained u/s 44AA?If the income from business/profession exceeds the Rs. 150000 in case of specified or Rs. 120000 in case of non specified business books of accounts needs to be maintained.If you think that your accountancy profession is non specified profession since you are not a CA or Cost Accountant and keep yourself in to other profession category even then on the basis of income you need to maintain books of accounts that is why you have got the intimation of defective return for not giving details of P/L and Balance Sheet.