44AD and Salary Return


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Mr. A experienced a job loss and engaged in business during FY 2020-21, receiving loans and advances. He then returned to salary employment in FY 2021-22. The query concerns the appropriate Income Tax Return (ITR) for FY 2020-21, considering options like ITR-4 under Section 44AD, ITR-3 for normal business income, or ITR-1 with other income. The discussion confirms that filing under 44AD is permissible even if business income is temporary, as it avoids future audit complications.

24 March 2022 Mr. A is having salary income regularly till FY 2019-20.
However, during COVID he lost job and was doing some business during FY 2020-21 and having banking transactions likes loans & advances.

And after situations is favorable again he has salary income for FY 2021-22.

So, normally he files ITR-1 so which return can we file for FY 2020-21 ?
Can he file ITR - 4 considering 44AD income or ITR - 3 normal business income or ITR - 1 showing other income.

Can anyone help on this.

24 March 2022 He file ITR - 4 considering 44AD


24 March 2022 Is it allowed ITR-4 if he is not complying condition of atleast 5 years ?
As here, next year there is salary income.

24 March 2022 Yes, he can claim the income u/s 44AD. Since you will not be having business income in future years then audit scenario will not arise.


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