Answer

ITR

Notice asks for books but I keep no books

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  1. Facts

    Under the presumptive scheme you are not required to keep full books for that business, but you still need records of turnover, bank statements and the year end figures you reported. The officer can ask for whatever records exist.

  2. Provisions and law

    • Sec 142(1) (now Sec 268(1))Officer can call for a return, accounts, documents or information before making an assessment
    • Sec 44AD (now Sec 58)Presumptive income for eligible small businesses
    • Sec 44AA (now Sec 62)Who must keep books of account
  3. Analysis

    Reply that books are not required under Sec 44AD and give what you do have: bank statements, GST returns if registered, sales bills, and the working of turnover and the debtors, creditors and stock reported in ITR-4. For example, show that turnover of ₹1.6 crore matches GSTR-3B and bank receipts. If the notice is about cash deposits or purchases, explain them specifically.

  4. Conclusion

    1. Say in the reply that books are not required under the presumptive scheme
    2. Attach bank statements and GST returns for the year
    3. Give the turnover working and the year end balances you reported
    4. Answer any specific question in the notice separately

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Inquiry before assessment, Sec 142(1) (now 268(1))

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