As per section 44AA, persons carrying on the professions specified above are mandatorily required to maintain their books of accounts. However the persons who are not covered in the list of professions specified under section 44AA which are mentioned above are mandatorily required to maintain their books of accounts only if:
If th income from business or profession exceeds Rs.1,20,000/- or the Total Sales/Turnover/Gross Receipts exceeds Rs. 10,00,000 in any of the previous 3 years.
If the Business or Profession is newly set-up, it would be required to maintain books of accounts if the income from business or profession is likely to exceed Rs. 1,20,000 and the Total Sales/Turnover/Gross Receipts likely to exceed Rs. 10,00,000.
If the taxpayer is covered underSection 44AD/ Section 44AE/ Section 44AF and the taxpayer has claimed his income in the income tax return to be lower than the profits or gains deemed under section Section 44AD/ Section 44AE/ Section 44AF respctively.
As per Section 128 of Companies Act, 2013
- (1) Every company shall prepare and keep at its registered office books of
account and other relevant books and papers and financial statement for every financial year
which give a true and fair view of the state of the affairs of the company, including that of its
branch office or offices, if any, and explain the transactions effected both at the registered
office and its branches and such books shall be kept on accrual basis and according to the
double entry system of accounting; Provided that all or any of the books of account aforesaid and other relevant papers
may be kept at such other place in India as the Board of Directors may decide and where such
a decision is taken, the company shall, within seven days thereof, file with the Registrar a
notice in writing giving the full address of that other place;Provided further that the company may keep such books of account or other relevant
papers in electronic mode in such manner as may be prescribed
- (2) Where a company has a branch office in India or outside India, it shall be deemed
to have complied with the provisions of sub-section (1), if proper books of account relating
to the transactions effected at the branch office are kept at that office and proper summarised
returns periodically are sent by the branch office to the company at its registered office or the
other place referred to in sub-section (1).
- (3) The books of account and other books and papers maintained by the company
within India shall be open for inspection at the registered office of the company or at such
other place in India by any director during business hours, and in the case of financial
information, if any, maintained outside the country, copies of such financial information shall
be maintained and produced for inspection by any director subject to such conditions as
may be prescribed;Provided that the inspection in respect of any subsidiary of the company shall be done
only by the person authorised in this behalf by a resolution of the Board of Directors.
- (4) Where an inspection is made under sub-section (3), the officers and other employees
of the company shall give to the person making such inspection all assistance in connection
with the inspection which the company may reasonably be expected to give.
- (5) The books of account of every company relating to a period of not less than eight
financial years immediately preceding a financial year, or where the company had been in
existence for a period less than eight years, in respect of all the preceding years together with
the vouchers relevant to any entry in such books of account shall be kept in good order:
Provided that where an investigation has been ordered in respect of the company
under Chapter XIV, the Central Government may direct that the books of account may be kept
for such longer period as it may deem fit.
- (6) If the managing director, the whole-time director in charge of finance, the Chief
Financial Officer or any other person of a company charged by the Board with the duty of
complying with the provisions of this section, contravenes such provisions, such managing
director, whole-time director in charge of finance, Chief Financial officer or such other person
of the company shall be punishable with imprisonment for a term which may extend to one
year or with fine which shall not be less than fifty thousand rupees but which may extend to
five lakh rupees or with both.