Hi
Please let us know how ITR was filed. Was it filed under 44AD?
Also, please share the extracts of the notice.
Notice under section 139 (9) error code 86
I know my query is vary challenging and interesting to all ca Will get various answers i got above notice 3 days before for assessment year 18/19 error code 86 This return is for my huf file in which source of income is x ray diagnosis centre business .incometax department treating me professional i m physicians doctor not radiologist Last year accepted when business code given was 0714 (service sector )this year code is 18004 not accepting (diagnostic centre). How to respond 1 file itr 3 profit gain Or 2 change 44ad to 44ada with increasing in gross receipt for 50percent profit earlier 30percent profit shown to show same income Or 3 change of business code and which one 4 do not agree as i m not radiologist doctors i have to pay radiologist for reporting
Asked 6 years ago in Income Tax
Net Income is 500000 and gross receipt is 750000
Asked 6 years ago
Such diagnostic centre cannot be covered under 44ADA. It is not a professional income and shall be considered as business income only. You may refer to the ruling in Income-Tax Officer vs Dr. S. Surender Reddy wherein such difference has been explained.
44AD can be opted for.
Please share the details above for further assistance.
Thnx but how to convince them (cpc department people ) if i opt for do not agree option it will be very long battle Filed return under 44ad Extract of notice same error code 86 3 points u can not apply under section 44ad as your invome is professional shor itr 3 profit gain account
Asked 6 years ago
In my opinion, it is a well established principle backed by various judicial pronouncements that it is a business and not a profession. And such business is not in the negative list of 44AD. So it won't be a long battle.
Moreover, you cannot change the business code as 18004 is specifically for diagnostic centres only.
You are running a business then how can they not accept you as business and why would they ask you to change it to profession?
Is there any TDS deducted under 194J or have you done any mistake in filing return because of which they are asking you to not file income under 44AD?
If you think you haven't done any mistake you have to disagree with them the only thing they will do is reject your return. You can even try to file complaint at e nivaran against CPC by mentioning everything in detail supported with case laws and see if they agree with it or not. If they have sent you a notice under section 143(1) demanding tax then you can also appeal before CIT (A) for same.
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Thank you
Hi,
- Either change the business code or file ITR-3.
Thanks
Dear Sir,
Hope you are doing well !!
You have two options:
1. Change the business code
2. File ITR 3.
Further, you can file appeal before CIT for the same.
Dear Sir,
Now, you can not change the business code as it is specially for diagnostic centre only.
Either you can file CIT appeal or file a complaint through e nivaran.
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