06 August 2014
Respected CCI members, an assessee providing engineering consultancy services to a company through a third party contractor. The contractor gives him consultancy fees after deducting TDS u/s-194J & issues Form 16A. For the A.Y. 2012-13, the assessee filed ITR-4 (business code: 0607) within due date after claiming some expenses & claimed refund which is already received & books of accounts are maintained as required u/s-44AA as engineering consultancy is a specified profession. In A.Y. 2013-14, ITR-4S (with same business code: 0607) has been filed (though not actually applicable) within due date to avoid maintaining books of accounts & again refund has been claimed & received & so doesn’t wants to revise his ITR for A.Y. 2013-14. Now for the A.Y. 2014-15, the assessee earned consultancy income for one month only & then employed on regular payroll in an another company. Can the assessee continue to file ITR-4S (but with different non-specified business code) or ITR-2 (as exempt income exceeds Rs.5,000) can be filed by mentioning such consultancy income after claiming expenses u/s-57(iii) as ‘IFOS’ to be at the least risky position?
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