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Itr form fo ay 14-15

This query is : Resolved 

19 May 2014 I would like to know which ITR is to be used by person having income from TUTIONS


19 May 2014 ITR4 should be used.

19 May 2014 you can use ITR 4S provided you comply with conditions provided in section 44AD.


21 May 2014 Sir,
I cannot under stand conditions in section 44 AD.

I have interest and income from tuitions can you tell me which form is to be used


21 May 2014 conditions are simple. as long as your revenue is Less than 1 cr and you are doing an eligible business, you need to offer income at 8% of total revenue and tax thereon.

21 May 2014 As Section 44AD specifically mentions the word business, therefore section cannot be applied in case of professionals.


21 May 2014 dear sanjay,

44AD only excludes 44AA(1) professions.

21 May 2014 Dear Nikhil Ji..the term used in section 44AD is eligible business. Though professions in section 44AA(1) has been specifically excluded and 44AA(1) does not include teaching profession it is a profession and not business.

So do you think that or are of the view that it will be applicable to teaching profession.

My stress is on eligible business:

"eligible business" means,—

(i) any business except the business of plying, hiring or leasing goods carriages referred to in section 44AE; and

(ii) whose total turnover or gross receipts in the previous year does not exceed an amount one crore rupees.

Please share your views...


21 May 2014 Dear Sanjay ji,

It is a natural thing that income tax act doesnt add even single word without purpose. The whole purpose of excluding 44AA(1) was to tell what is not included in 44AD. had the intention was to exclude the whole of professions, 44AD could have simply state that no profession is covered under it!

22 May 2014 Then the word eligible business or profession I.e., profession other than 44AA (1) profession should have been used.

22 May 2014 you have to maintain the books of accounts and file the return in form ITR-4.

if your income is above rs. 120000/- then you have to maintain book of account u/s 44AB


22 May 2014 Sirs,

Do I have to maintain the Books of account?

I GOT SOME INFORMATION ON NET

7344AB. 74Every person,—

(a) carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds 74a[forty lakh rupees] in any previous year 75[***]; or

(b) carrying on profession shall, if his gross receipts in profession exceed 75a[ten lakh rupees] in any 76[previous year; or

(c) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under 77[section 44AD or section 44AE or section 44AF] 78[or section 44BB or section 44BBB], as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any 79[previous year,]] 80[***]


1. My approximate net Income from
Tuitions is Rs. 125000/-
2. Interest Income Rs.75000/-
3. There is some investment qualified under
section 80 c

If I have to maintain Books of accounts then Can I file ITR 4S


22 May 2014 Sanjay..u can interpret it the way you prefer. My opinion is based on multiple discussions with several experienced professionals specially in regards to coaching

22 May 2014 THANKS NIKHILJI

SINCE I AM NOT ACCOUNTS PROFESSIONAL I WANTED TO MAKE SURE THAT I FILE RIGHT ITR

22 May 2014 sirs,
1.Can you tell me what are the deductions available under CHAPTER VIA HEADING C

2. How to show PPF interest In ITR4S?

3. One of the conditions of Section 44AD for eligible assessee is " assessee should not have claimed any deduction UNDER CHAPTER VIA HEADING C" please explain this


23 May 2014 In reply to the PM-

I concur with the view of Sanjay Gupta Ji.

23 May 2014 Warrier Ji,

the same question was once discussed with tax experts such as Girish ahuja in specific context of Tuition/coaching classes. He concurred with the view that tuition classes can be included.

On the same basis returns were filed and as on today assessment is on. So lets see if the AO concurs or not.

23 May 2014 Thanks to Dr. Girish Ahuja.



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