Defective return u/s 139(9) error code 31

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Hi,

I am an IT freelancer and I file my return using ITR-4. This year, I got defective return notice with error code 31 from IT dept. with below error descriptttion

"

Taxpayer having income under the head “Profits and gains of Business or Profession” but has not filled Balance Sheet and Profit & Loss Account as per requirement u/s 44AA read with section 139(9)(d).

"

From this year, Balance Sheet in the Part A - BS has been made required to be filled. Till last year, this section was not required for professionals so I have not maintained any accounts. I believe I would need to fill the 'NO ACCOUNTS CASE' in Part A - BS, but I am not sure what needs to be filled in following fields, specially number 4 'Amount of cash balance':

1. Amounts of total sundry debtors

2. Amount of total sundry creditors

3. Amount of total stock-in-trade

4. Amount of the cash balance

I think sundry debtors, creditors and stock-in-trade would be be 0 in my case but not sure. Can any of the experts please guide me?

All my income goes directly in my bank account.

Thank you!

Replies (4)

Hello Abhishek,

For an professonals it is mandatory to keep books of account u/s 44AA, hence return cannot be filed u/s 44ad, however from AY 17-18 i,e FY 16-17, professionals can file deemed income u/s 44ADA upto 8%, provided the receipt does not exceeds 50 lakhs, 

Conclusion

You need to revise your returns for earlier year and show the regular books of account.

Regards,

Easetaxsolutions

Thank you for your response. I am a freelancer with annual income under 2.5 lakhs, and as mentioned I did not maintain accounts,
can't I fill 'NO ACCOUNTS CASE' under Part A-BS in response to defective return? Please let me know.

Has there been any TDS deduction of yours in the relevant year,

 

Yes TDS deduction at source against FD.


CCI Pro

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