Totally Confused (Is maintenance of books of Accounts u/s 44AA is compulsory)???

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  1. Neha Agarwal

    Neha Agarwal Member

    In case of Non-specified employees. 3 Points are categorized for maintenance of books of Accounts u/s 44AA 1) Gross profit if exceeds Rs: 120000/- in any of last 3 previous years. 2) Turnover if exceeds Rs: 10 Lac in any of last 3 previous years. 3) If profit exceeds more than 8% on turnover u/s 44AD. Above condition are satisfied for maintenance of books of Accounts u/s 44AA. I have to file a return of a new assesse 1st time, whose returns of last previous years were filled by a Lawyer. who filled ITR-4 of previous years of return of the same assesse where he showed amount in (Gross receipts) in last three financial years (fy12-13 790500) (fy13-14 850500) (fy14-15 960000) & showed (Net profit) after deducting expenses incurred by assessee in last returns such as (fy12-13 650000) (fy13-14 740000) (fy14-15 802500). Expenses deducted by Lawyer is assumed by him not actually provided by Assessee. Assessee is running school from 1st to 5th class except school's income Assessee doesn't have any other income. He never maintains books of Accounts as he already told me. Here I am confused at previous laywer mistake. 1) why he filled ITR-4 & shown gross receipt & net profit upto the extent of that amount which make assessee in compulsion to maintain books of Accounts however as per previous years return of asseessee it is compulsory for him to maintain books of accounts. 2) Why isn't notice from department received till date to assessee as amount feeded by lawyer as net profit in previous returns enable assessee to maintain books of accounts. 3) Now I have to file assesse's return of FY 15-16 & have to show Gross receipt more than 10 lac & net receipt should be around 8.10 lac after adjusting expenses. If I file his return in ITR-4S in stead of ITR-4 in that case If I increase his turnover around 15 lac & calculate 60% profit as Rs 9 lac on which tax would be calculated. i want to know would there be any problem & notice from Dept may be receipt, If I do so and Dept may ask why I change the ITR to file return from ITR-4 to ITR4S. Please answer as early as possible as I am very confusion in case of assessee.
  2. ZED

    ZED Well-Known Member

    Mistakes were committed by the lawyer.
    ITR-4S can not be used because running a school can not be equated with carrying a business in this case , because if he is the one deriving the income from school then he (an individual) gotta be providing service in the nature of profession . (Wouldn't you agree ?)
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