Query?143(1) generated with full refund but no books of a/cs

Efiling 510 views 2 replies

Query ????? Plssss Help !!!!!!!!!!
 

My Client is a businessmen doing Zorri making garments ( actually it's a kind of Labour Jobs ). During f.y 2012-2013 , his turnover was of rs . 49,27,664/= ( Income as per 26AS ) AND TDS of Rs. 49,275/= ( exact as per 26AS u/s 194C ).
 

Return was filed through online for f.y 2012-2013 with a net profit of rs. 4,18,067/= ( 8.48% on Turnover ), tax paid of Rs. 17,663/= ( with Cess) against Refund of rs. 49,275/= .
 

Till now, client has no Books of a/cs , so, for f.y 2012-2013 return filed without book of accounts and after 3-4 months ( approx ) IT DEPT (CPC Bangalore ) sent an Intimation Order u/s 143(1) with full refund amount ( along with interest 244A ) .
 

My Question :
1) After 2/3 years, If IT. DEPT( CPC BANGALORE ) transfers his file ( soft copy of return ) to Assessing Officer/ ITO for Scrutiny / Verification Purposes,and subsequently, ITO charges penalty for non maintenance of books of a/cs u/s 44AA,

Then ,, What should I do for that point of time ??

 

a) Is there any necessary to prepare books of a/cs from f.y 2012-2013 till year of scrutiny ?
If 'YES'--- Then , pls justify with Reasons / Case laws.
If ' NO ' -- Then also, justify with reasons..

Thanks..

Replies (2)
If you have filed the income under deeming provision section 44 AD and since also have declared profit above 8% there is no requirement for maintenance of books as per section 44AA.

As your turnover is below the audit limit turnover you can justify the ITO that the return is filled as per section 44 AD of the IT Act.

And no need to maintain the books of A/Cs.

In such a cases where Net profit is more than 8 % there is less chance of scrutiny. though id scrutiny comes you can justify . Do not Worry.


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