For income tax scrutiny by an Assessing Officer, there is a long list of professions which are mandated to maintain books of accounts. These range from legal to the film industry. There are different transactions to be maintained under Section 44AA.
The Income Tax Act specifies as to who should maintain account books for the purpose of income tax scrutiny by an Assessing Officer, if and when required. As per Section 44AA and Rule 6F, persons involved in the following professions are mandated to maintain books of account:
The Central Board of Direct Taxes is free to add professions to this list. In addition to this, the following persons also have to maintain account books:
However, the above-listed individuals are not required to maintain account books if the business turnover in any of the previous years is less than Rs. 1.5 lakh or if the new business is not expected to cross gross receipts of Rs. 1.5 lakh.
"Maintaining account books" refers to keeping an account of all transactions undertaken by the individual or firm during an assessment year. The following books of accounts have to be maintained under Section 44AA:
All relevant account books and documents have to be kept at the place of profession, or at the main office of the profession in case there are more than 1 branches, or at each branch office of the profession. These records have to be kept for 6 years after the end of the relevant assessment year. The main purpose of maintaining these records is to ensure that you are not involved in tax fraud or evasion, and if your case comes to income tax scrutiny, the Assessing Officer could check your records of transactions.
Bookkeeping is not required under the following conditions:
A Chartered Accountant has to compulsorily conduct audit of accounts for the following categories of taxpayers:
Category of taxpayer | When audit is compulsory |
An individual involved in a profession | Gross receipts exceed Rs.50 Lakh |
An individual involved in a business | Gross receipts, turnover, or total sales exceeding Rs.2 crore |
An individual under Section 44AE's presumptive income scheme | If business income is lower than presumptive income under Section 44AE |
An individual under Section 44AD's presumptive income scheme | If business income is lower than presumptive income under Section 44AD and the total income of the individual exceeds the minimum income that is tax exempt |
Category of taxpayer | Statement Form | Audit Form | Audit Due Date | Submission Due Date |
An individual involved in a profession or business who has to get audited compulsorily | Form 3CD | Form 3CA | September 30 of that assessment year | September 30 of that assessment year |
Any individual other than in the above category | Form 3CD | Form 3CB | September 30 of that assessment year | September 30 of that assessment year |
If the accounting records are not maintained by the taxpayer as per Section 44AA's requirements, a penalty under Section 271A will be levied. The maximum chargeable penalty under this section is Rs.25,000.
However, the penalty may not be levied if the taxpayer is able to prove beyond doubt that there was a reasonable cause for not being able to maintain the required accounting records.
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