Query regarding applicability of Sec 44AB

Stat Audit 1495 views 5 replies

      1.   We are authorised agent of the state govt. company.

2.   Our name is appearing on the invoice as an agent.

3.   Goods are dispatched by govt. co.(G) directly to Buyer(B). Invoice is raised by G. directly on B. even excise gate pass also made directly in the name of B.

4.   We are taking responsibility of payment and hence major payments are made through us.

5.   Govt. gives us commission at prescribe % by way of quantity rebate and same is shown as are Income in the Profit & Loss A/c.

6.   We also charges are Buyer our service charges for procurement and finance of material purchased by them. We raised Debit Note on them and in turn they pay the same, it is also known as our income.

7.   We don’t include any sales/purchase as our Turnover since at no times we are owner of goods.

8.   Commission paid to us is in the nature of  Delcrader (guarantying payments).

  

       There is no formal written agreement between us and Govt. co.

In our Balance sheet outstanding receivable from Buyers are more than our turnover in Profit & loss A/c (Commission) as it includes material cost which we have paid to Govt. co. and to be recorded from Buyer.

 

I.T.O. went to treat full turnover including material cost on our turnover and the same amount goes beyond 40 lakhs wants to charges 271B penalty for not filling 44ab audit report.

Replies (5)

Sir,

We have sales turnover of 30 lakhs, but during the year we have net loss ,

 then whether it is mandatory to get our accounts audited u/s 44ab?

As per act if sales of Rs. 40 lakhs then in our case is it mandatory for accounts has to be get audited?

please guide

 

Sudhir.

44AB will not be applicable in your organisation because section 44AB will be applicable if the turnover will be Rs 40 lakhs or more in the FY.

Finally there are any loss or profit in your profit & loss account will not be  considered for section 44AB. 

Rajesh - As your company is a commission agent so commission entry should be there. But you have paid material value to G and collect it from B. It looks like a trading company and it proves that there are some trading profit along with commission you are received. So ITO has taken a correct stand in your case. You will be logically liable for penalty.

Sir, we are Transporters i.e. giving tempos on hire and have got turover of Rs. 11,46,000/- and does not opt for the 44AF Applicability (i.e. specifically for transporters).

Whether Section 44AB would be applicable to us???

Ms. Payal, 44AB will not applicable in your case as the transport falls under business category which needs the turnover of Rs. 40 lacs for carrying out of tax audit.


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