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How to respond for intimation u/s 139(9)

Noor Ahmed Khan (125 Points)

10 May 2021  
For the AY 2020-21, for my client who has Income from bank kiosk, common service center & insurance commission I have filed under "Non specified profession - without books of accounts" (obviously without balance sheet and p&l)
Recently he received a defective notice that "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" and asking to submit a balance sheet and P&L.
This is how I have been filing for him for the past 3 years and we have never had this issue before. My client's income is less than 4 lakhs.  
Wondering how and why this popped up.  
Please suggest what to do..

 7 Replies

Rajib Saha (Accounts Officer) (203 Points)
Replied 10 May 2021

Same problem with my brother also. Kindly advise.

Lotus Choudhary (1056 Points)
Replied 10 May 2021

You have to prepare balance sheet and Profit & Loss Account and file ITR-3.

jitendra gupta (14 Points)
Replied 10 May 2021

Go for itr 4 as section 44AA amended

Raghavendra Kamath (143 Points)
Replied 11 May 2021

But agency commission and brokerage business is not eligible under section 44AA

Lotus Choudhary (1056 Points)
Replied 11 May 2021

Agreed with raghavendra ji.

veerendar singh (tax consultant) (2818 Points)
Replied 11 May 2021

For 3 years you had been doing it wrong Noor. why do you consider your client a professional? i think he is doing business. draw out simple balance sheet and p&l and on that basis file another return

Raghavendra Kamath (143 Points)
Replied 11 May 2021

If you do away with balancesheet, populate true and fair view of his assets and liabilities. It is hard practically as clients do not co-operate

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