What accounts need to be maintained under section 44aa. The most straightforward meaning of tax audit is an examination of your tax return by an irs indian revenue service officer. For companies the books of account are prescribed under the companies act. The assessee who opts for the benefits under section 44ad is also not required to get his accounts audited as required under section 44ab. Assessee can declare 8% or higher sum of his gross receipt as his income under this section and he has no need to maintain accounts or get the accounts audited. Section 44aa persons required to maintain books of accounts. Assessee assailed the imposition of penalty under section 271b imposed by ao on account of failure to get accounts audited under section 44ab. This section reflects the rules to maintain books of accounts and other financial records by the taxpayer properly. In case books of account are maintained in a computer system, mention the books of account generated by such computer system. In such a case, where the income exceeds the basic exemption limit of rs 2,50,000, books of accounts as required under section 44aa have to be maintained and audited as per section 44ab. No penalty us 271b for nonaudit of books of accounts us. Section 44aa compulsory maintenance of books of account under income tax act.
Which professional businessmen have to maintain books of accounts. The books of accounts are to kept and maintained for a period of six years from the end of the relevant assessment year. Section 44ab provides for the audit of books of account of an assessee engaged in business or profession. Maintenance of books of accounts us 44aa and audit us 44ab not required. Under section 44 ab of income tax act, audit of accounts is compulsory if. As per section 44aa, any person carrying on any of the following professions is required to maintain books of accounts.
Where assessee is showing profit under presumptive taxation us 44aa, 44bb. The audit under section 44ab aims to ascertain the compliance of various provisions of the incometax law and the fulfillment of other requirements of the incometax law. Income tax audit under section 44ab introduction type. Failure to keep or maintain books of account, documents, etc. If books of account not maintained penalty us 271b cannot. A monograph on compulsory maintenance of accounts has also been published and the same has been updated. Is section 44aa and 44ada contrasting regarding the.
As per these provisions, tax audit shall be conducted by a chartered accountant who ensures that the taxpayers has maintained proper books of account and complied with the provisions of the incometax act. Compulsory audit of business and profession under section 44ab of the income tax. Books of accounts to be maintained by persons not covered above. Tds rates fy 201718 rate chart of tds ay 201819 pdf sec 44ab. Audit of accounts of certain persons carrying on business or profession. Contract employees income tax provisions for contract. Lets check the details of such provision under the section 44ab. Rule 6f, books of account and other documents to be kept. Means every professional has to maintain books of accounts even if he is covering under section 44ada. When there are no books of account, the question of its audit does not arise, so as to impose penalty under section 271b.
A daily record of all cash receipts, payments and cash balance. When it is required to maintain books as per section 44aa. Taxpayers carrying on business or profession were the turnover or gross receipts exceed the prescribed limit have to get their books of accounts. Maintenance of accounts by certain persons carrying on profession or business 44aa 1 every person carrying on the legal, medical, engineering, accountancy or interior decoration or any other profession as notified by central board of direct taxes cbdt are required to maintain such books of accounts. Audit means checking of books validity, authenticity and assuring that all which has been entered into the books are true and correct. Section 44aa compulsory maintenance of books of account. Must read set off and carry forward of losses under the income tax. Public trusts under section 12ab and ii guide to special audit under section 1422a.
Section 44ab gives the provisions relating to the class of taxpayers who are required to get their accounts audited from a chartered accountant. However, in case the assessee claims that the profits and gains are lower than 50% he would be required to prepare books of accounts under section 44aa, maintain receipts of all expenses and get his. Maintaining account books refers to keeping an account of all transactions undertaken by the individual or firm during an assessment year. Audit of accounts of certain persons carrying on business or profession audit of accounts is compulsory. Income tax audit section 44ab of the income tax act.
In this case, it is sufficient to report the details of the audit as required by the chartered accountant in the form prescribed under section 44ab, i. As per section 44ad4 where an eligible assessee declares profit for any. These books should be maintained at the head office or at each of the offices. Tax audit is a systematic and independent examination of books of accounts to ascertain a correct picture of tax liability and to provide disclosures as per taxation law. According to section 44aa and rule 6f of the income tax act, there is a list of professions who need to. The impact of section 44aa and 44ab of the income tax act. This may happen, for example, if you set up a profession. Any individual covered under section 44ad, 44ae or 44af, who has declared less income than the profits estimated under these sections even if the business is. The tax audit requirement is governed as per section 44ab of the income tax act, 1961. Considering the fact that the scope of audit under the tax laws has considerably widened after the introduction of section 44ab, the taxation committee.
Rule 6g, report of audit of accounts to be furnished. If the gross receipts are not expected to exceed rs. Section 44aa has made it compulsory for certain specified professionals to maintain books of account and other documents for income tax purpose. Businesses and professions are required to maintain the books of accounts for income tax purpose. Coming to the section, in case of individual and huf, where gross receipts turnover are less than 8% and total income exceeds basic exemption limit then only books of accounts are required to be maintained and the same are to be audited. In case of assessee covering under section 44ad, this section will be applicable only if provisions of sub section 4 of section 44ad are applicable in his case and his income exceed the maximum amount which is not chargeable to tax. So it assessee is declaring lower income than 8% and his total income exceeded basic exemption limit, he should get his accounts audited by ca us 44ab. Taxplanner has a total turnover gross receipts of rs. Maintain books of accounts under sub section 1 of section 44aa, or get the accounts audited under section 44ab in respect of such income. Section 44ada presumptive taxation for professionals the assessee filing return under section 44ada is not required to maintain books of account under section 44aa. As per section 271a of the act, 1961 if a person fails to maintain or retain books of accounts and other documents then the assessing officer or the commissioner shall charge a sum by way of penalty of twentyfive thousand rupees. As per section 271b, if any taxpayer who is required to comply with the section 44ab fails to get their accounts audited, he shall be liable to.
Further, what has been referred in section 44ab is the books of accounts maintained in the regular course of business and where an admission is made by the assessee based on third party statement during the course of survey that the amount found deposited in the bank account belongs to the assessee, it cannot be said that regular books of. An irs officer will verify your income and also check the deduction in profit that it is accurate or not. No books of accounts maintained no penalty under section 271b for failure to get its audited. If their yearly receipt is more than 25 lakhs as a professional then they have to compulsorily do an it audit under section 44ab of it act. Such persons are mandatorily required to maintain prescribed books of accounts if their total gross receipt is more than rs. Compulsory maintenance of books of accounts under section 44aa of income tax act. Every person covered under sub section 4 of section 44ada, i. The prescribed books of account and other documents under rule 6f2 are as follows. Maintenance of books of accounts individuals advisory. Alleged undisclosed turnover not to be considered while. Books of accounts are required to be maintained for 6 years from the end of relevant assessment year.
Penalty under section 271b cant be levied for failure to. Section 44ad as well as section 44ada is not superseding section 44aa. Section 44aa gives details of who all are required to maintain books of accounts for the purpose of income tax. In the instant case, assessee was selected for scrutiny assessment to examine the source of cash. Section 44aa compulsory maintenance of books teachoo. Income tax audit under section 44ab of income tax act. Analysing section 44aa and section 44ab kl aggarwal. In case the profession is newly set up then you should maintain the same if it is likely that total gross receipt will exceed rs. Followings are the provisions of section 44aa of income tax act, 1961. The provisions of this section deals with the various phases of the assesses profession or business.
An assesses who opts for the benefits under section 44ad is not required to maintain books of account that are required to be maintained under section 44aa. No books of accounts maintained no penalty under section. Any other profession that may be notified by cbdt in future. When maintenance of books of accounts becomes compulsory. Rule 6f, books of account and other documents to be kept and maintained under section 44aa3 by persons carrying on certain professions march, 2018 rule 6ga, form of report of audit to be furnished under sub section 2 of section 44da. The detailed requirements of different transactions are prescribed under section 44aa. Persons carrying on nonspecified professions or any business section 44aa2 if his total income from business or profession exceeds rs. Books of accounts that need to be maintained under section 44aa of it act.
As per section 44ab, if a person has already audited his accounts under any other law, then he need not get his accounts audited to comply with the requirement of this section. Tax audit under section 44ab of income tax act 1961 in. Ito, the jaipur bench of itat held that penalty under section 271b of the income tax act, 1961 cannot be levied for nonaudit of books of accounts under section 44ab of the income tax act. Presumptive taxation scheme for persons having income from profession for the very first time in the finance budget for the year 201617, there was a proposal made to rationalize the presumptive taxation scheme and to reduce the compliance burden. Under income tax, only specified persons are required to have a tax audit. If turnover or income has exceeded those limits in p. Income tax officer, the jaipur bench of the income tax appellate tribunal itat held that penalty under section 271b of the income tax act, 1961 cannot be levied for nonaudit of books of accounts under section 44ab of the income tax act.
If the taxpayer is covered under section 44ad section 44ae section 44af. Those persons requires to maintain and keep books of accounts when. Section 44ab of the incometax act, 1961 contains the provisions for the tax audit of an entity. The following books of accounts have to be maintained under section 44aa. During the year under consideration the assessee was required to maintain the books of account as per the provisions of section 44aa of the act and got the same audited as per the provisions contained in section 44ab of the act but the assessee did not get the accounts. As per section 44aa, maintenance of books of accounts is compulsory. This helps in maintaining complete information regarding tax, income, and deductions of the taxpayer. Under section 44ab in this article, we will cover every aspect of tax audit as per income tax act. Which professionalbusinessmen should maintain books of accounts. The assesse needs to oblige the provisions of section 44ab of the income tax act while he or she is preparing the account books of his or her business.
1037 815 1422 1657 461 1604 1467 1512 391 44 354 835 1399 549 1299 416 1460 173 375 290 834 1436 645 882 1398 438 852 1675 128 1433 1556 895 952 1437 1270 1120 809 729 646 1175 469 873 862 490 1317