Answer

ITR

Best judgment notice for a closed small business

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  1. Facts

    Without books, the officer can estimate profit reasonably based on turnover data from GST, bank credits or AIS. You can still help by giving whatever records exist.

  2. Provisions and law

    • Sec 144, Income-tax Act 1961 (now Sec 271)If you do not file a return or do not comply with notices under Sec 142(1) or 143(2), the officer can assess to the best of judgment after a show-cause notice giving you a date to be heard.
    • Sec 44AD, Income-tax Act 1961 (now Sec 58)A small business can declare presumptive profit of 8% of turnover, or 6% for digital receipts.
  3. Analysis

    Gather bank statements, GST returns and any purchase bills to show actual turnover and expenses. If turnover was ₹30,00,000 mostly by digital receipts, offering presumptive profit around 6% is a reasonable basis. Explain the closure date and why records are thin. A fair, documented estimate is better than letting the officer treat all credits as income.

  4. Conclusion

    1. Collect bank statements and GST returns for the year.
    2. Work out turnover from them.
    3. Offer a reasonable profit with reasons.
    4. Explain the closure and missing books.
    5. Reply before the date in the notice.

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Best judgment assessment, Sec 144 (now 271)

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