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Is it compulsory to attach p&l a/c and b*s in case of 44ae?

31 March 2012

OF OUR CLIENT IS FALLING U/S 44AE.

IS IT COMPULSORY TO ATTACH THE PROFIT AND LOSS ACCOUNT AND BALANCE SHEET IN CASE OF THE ASSESEE FALLING U/S 44AE.HE'S SHOWING HIS INCOME AS PER PROFIT AND LOSS A/C(137000) IS MORE THAN THE DEEMED INCOME(84000) FOR F.Y 2009-10.

NOT AN AUDITABLE CASE U/S 44AB!!

PLEASE HELP ME TO COME OUT OF THIS!!

IT'S AN URGENT!!

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1 Replies

Sonam Bidasaria (CA) (770 Points)
Replied 02 April 2012

Sec 139(C) states that

"The Board may make rules providing for a class or classes of persons who may not be required to furnish documents, statements, receipts, certificates, reports of audit or any other documents, which are otherwise under any other provisions of this Act, except section 139D, required to be furnished, along with the return but on demand to be produced before the Assessing Officer.

Rule 12(2) provides

"The return of income required to be furnished in Form SAHAJ (ITR-1) or Form No. ITR-2 or Form No. ITR-3 or Form SUGAM (ITR-4S) or Form No. ITR-4 or Form No. ITR-5 or Form No. ITR-6 shall not be accompanied by a statement showing the computation of the tax payable on the basis of the return, or proof of the tax, if any, claimed to have been deducted or collected at source or the advance tax or tax on self-assessment, if any, claimed to have been paid or any document or copy of any account or form or report of audit required to be attached with the return of income under any of the provisions of the Act.

Hence, profit & loss and balance sheet shall not be submitted along with the ITR.