(5)Notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee who claims that his profits and gains from the eligible business are lower than the profits and gains specified in sub-section (1) and whose total income exceeds the maximum amount which is not chargeable to income-tax, shall be required to keep and maintain such books of account and other documents as required under sub-section (2) of section 44-AA and get them audited and furnish a report of such audit as required under section 44-AB.Explanation. - For the purposes of this section,-(a)"eligible assessee" means,-(i)an individual, Hindu undivided family or a partnership firm, who is a resident, but not a limited liability partnership firm as defined under clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009); and(ii)who has not claimed deduction under any of the sections 10-A, 10-AA, 10-B, 10-BA or deduction under any provisions of Chapter VI-A under the heading "C.-Deductions in respect of certain incomes" in the relevant assessment year;(b)"eligible business" means,-(i)any business except the business of plying, hiring or leasing goods carriages referred to in section 44-AE; and(ii)whose total turnover or gross receipts in the previous year does not exceed an amount of forty lakh rupees. ]
