• Books of account

Hi everyone,
                         My brother sells some plastics items and toys on streets via cart. (Hindi- mara bhai Thele pe toys bechta hein). He earns a profit of 20000 Per month but he has not maintained any books of account. Can he file ITR without accounts of books . How Can he file ITR and which form he should use for filing ITR.


                   I run a small business. My total income is 2 lakh annually. I have filed my ITR from 2005 to 2018. Can I deposit 10 lakh ruppe in cash in total of 13 years.--
My calculation : 2 * 13 = 26 lakh 
expenses : 15 lakh
savings : 11 lkah

Are above calculations are justifiable. 
Asked 6 years ago in Income Tax

Hi

Yes, ITR 4 can be filed under presumptive taxation of section 44AD considering profit to be 8% of the turnover.

Cash deposits of such an amount is not advisable. Moreover, after the demonetization in 2016, such calculations are not at all justifiable.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Yes your brother can file return without books of accounts. He can use ITR 4 i.e. presumptive taxation.

You can also file return in same manner.

Vivek Kumar Arora
CA, Delhi
4853 Answers
1047 Consultations

5.0 on 5.0

Does the cash relate to your past incomes? And what is the reason for doing so?

It's not possible to discuss such things at this open platform. I request to contact someone personally, may be through a phone consultation.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Yes, your brother can file ITR 4 under presumptive taxation.

It is not advisable to deposit such kind of cash in bank account. It is sure to seek attention of the tax authorities. Going forward please deposit your savings periodically which you will be easily able to justify.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

You can deposit but it should be substantiated in future if required.

Vivek Kumar Arora
CA, Delhi
4853 Answers
1047 Consultations

5.0 on 5.0

Hi,

Yes, your brother can file ITR 4 without books of accounts. He can use presumptive basis of taxation under section 44AD.

Please let us know hat have you done with your cash at the time of demonetization ?

Please feel free to call/ revert in in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

hii

Your brother can file ITR for AY 2018-19 in ITR form 4 u/s 44AD Presumptive basis.

practically you are right but after demonetization you cant deposit Rs. 10 Laksh in your bank saying this is your accumulated savings , thus its better to deposit 5-5 lakh in your and your brothers account saying income of AY 2017-18, 2018-19 and some accumulated saving of past.

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

Ok..this is better than before. Assuming that these deposits have been made in a phased manner and not together, it should be fine since I think you can easily justify that mostly the entire income of yours is in cash.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

It seems reasonable to me. I don't anticipate any problem.

Please feel free to call/ revert in in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

ok then no problem you can justify your deposit and said deposit through accumulated savings and earnings.

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

I don't think there is any problem as you deposited in multiple years for which ITR had also been filed by you but still I recommend you that cash deposited should have proofs of it's generation or source.

Vivek Kumar Arora
CA, Delhi
4853 Answers
1047 Consultations

5.0 on 5.0

Ok.. in that case it's not a problem.

But, you should consider regular deposits of lower amounts in the bank.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Hi,

For filing the business tax return, one should file ITR 4 taking presumptive taxation route to save on taxes.

Under this option law gives you enough choice to report presumptive income for your business.

Once the income is reported in a financial year and amount has been paid for the same towards taxes, no further taxation will happen on the same amount getting deposited in the bank account.

Thanks

Damini

Damini Agarwal
CA, Bangalore
407 Answers
31 Consultations

5.0 on 5.0

Hello,

Yes, your brother can file IT Returns. Either ITR - 1 or ITR - 3 in case he wants to file Balance Sheet or ITR - 4 on a presumptive basis.

For your Cash Deposit since it is done on a regular/ early basis is not a problem if you would have deposited the entire amount in one go it would have been a big problem.

Make it a point to deposit regular sums every month than depositing in one go, it will help you save all the hassle and inquiry part.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, FCA, LLB, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

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