Audit of accounts of Apartment Association

As per income tax , the requirement of audit is covered under section 44AB , while filling of the Income tax return is covered under 139 . section 44AB covers those case where the assessee is engaged in the business or profession and corsses the threshold limit in terms of receipt , sales , turnover or gross receipt . Considering the case it is assumed that Apartment association is neither carrying out any business or profession . However there is second proviso is there which says the deemed compliance of the above requirement if the assessee who are required to get its accounts audited under different law and they have got the accounts audited within the specified date .

So as per Income tax , the apartment association may not be required to get its accounts audited , but it may be required to get its audited under other law , then they have to get the accounts audited .

Now for the filling of the return section 139 (1)(b) tiggers and considering the apartment association as a BOI ( body of Individuals ) , which states that " every person , being a person other than company or firm , if his total income exceeds amount for which it is not chargeable to tax , then it has to file the return . Further the seventh proviso of this section states that every person for which the income exceeds the maximum amount not chargeable to tax shall file the ITR as per prescribed format .

Thus for getting the accounts audited there is different threshold limit and for filling the ITR there is different threshold limit . In summary as per the above , if the law other than Income tax does not prescribe for the audit of accounts , the ITR can be filed without the audit under section 44AB .

If the association is registered and the bye laws of the association require audit, then audit is mandatory. If the association is not claiming exemption of its income u/s 11, then audit is not mandatory. However, if its income is more than Rs 1 Cr., then audit may be required, if the association's income is considered as business income.

What is the constitution of Apartment Association, if it is a society registered under State Societies registration Act then Societies registration Act mandates that accounts of body should be audited and adopted by the general body every year. Further if it is an unregistered association then kinly check the bye laws to ascertain, whether audit is reguired by the bye laws then if required then get it audited. Yes income tax return can be filed based on unaudited accounts, but the audit is mandated bylaw the income tax officer may insist on production of audited accounts.

A cooperative society u/s 44AA, is required to maintain books of accounts and other documents as may enable the Assessing Officer to compute its total income in accordance with the provisions of the Income Tax Act. Further, its accounts are required to be audited by a Chartered Accountant u/s 44AB notwithstanding the fact that its accounts are subjected to audit by the administrative department (Directorate of Cooperative Audit) as provided in the State Cooperative Laws. However, tax audit provisions are generally not applicable to societies which do not carry on any business. For example, housing societies in the years of construction of building premises, provisions of section 44AB would not apply as there is no business activity.