ITR
Defective notice for low presumptive income without audit
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Facts
If you declare business profit lower than the presumptive rate and your income is above the basic exemption limit, the law expects books of account and a tax audit. Without them, the return can be marked defective.
Provisions and law
- Sec 139(9), Income-tax Act 1961 (now Sec 263(7), Income-tax Act 2025)The Assessing Officer can treat a return as defective, give 15 days (or more on request) to fix it, and treat it as invalid if not fixed.
- Sec 44AD, Income-tax Act 1961 (now Sec 58, Income-tax Act 2025)Presumptive income of 8% of turnover, or 6% for digital receipts, for eligible small businesses.
- Sec 44AB, Income-tax Act 1961 (now Sec 63, Income-tax Act 2025)Tax audit is needed when income is declared below the presumptive rate and exceeds the basic exemption limit.
Analysis
Say your turnover was ₹60 lakh, all digital, and you declared ₹2,40,000 profit (4%), with total income above the exemption limit. You have two routes. You can raise profit to at least 6% of ₹60 lakh, that is ₹3,60,000, in the corrected return, or get books audited and support the lower profit. Compare the extra tax under the first route with the audit cost and the risk of questions.
Conclusion
- Work out the presumptive profit at 6% or 8% for your turnover.
- Decide between declaring the presumptive profit or getting an audit.
- If auditing, get the report uploaded first.
- Upload the corrected return with matching figures.
Choosing a lower profit later can also affect your use of presumptive taxation for the next five years.
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Defective return, Sec 139(9) (now 263(7))
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