Zerodha,
If any trader is in loss and he/she does not file his/her income returns then will there be any problem? Because income tax rule also says that one does not need to file return if he/she has not crossed the taxable limit.
Yes it seems so, because of the section 44AD
Below is an excerpt from the blog
http://www.zerodha.com/z-connect/blog/view/taxation-simplified
**Section 44AD – Everyone using ITR4 will need to have their books audited – added on June 8, 2013
A lot of us (traders using ITR4), would have received notices for the assessment year 2012-2013 (FY 2011-2012) with various errors. We have been able to conclude after speaking to various CAs that this is because of the new clause which was added to section 44AD.
Section 44AD until AY 2011-2012 was meant only for businesses in civil construction. From AY 2011-2012, this was made to include all businesses including the business of trading. What this section states is that even if your turnover is less than 1 crore, if your profit is less than 8%
(if you made a loss also), you will still need to have your books audited by a CA. This seems like a decision taken by CBDT without understanding the impact on infrequent or lower volume traders.
What this means is that all of us no matter how big or small will have to maintain our books of accounts constantly updated using our contract notes, bank statements and DP statements. At the end of every year we will need to have this audited by a CA. If you have made a loss, make sure to declare it otherwise an assessment officer tomorrow who has no knowledge about the markets might ask you to pay taxes + penalty even though you have made a loss. It will cost a little money to go meet a CA and get him to audit your books, this will be much better than avoiding showing your trading business or not filing your returns especially in a scenario where the income tax department is going completely online and then having to speak to an assessment officer with the income tax department.
All those of you who have received notices for the last assessment year it is most likely because you are showing a loss or profit of less than 8% of your turnover and don’t have the books audited by a CA. The advice would be to go meet your CA and plan on how to file your revised returns. It is possible that your CA may not know about this, you can guide him to this blog.