Itr form

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Aayushman (Querist)
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28 July 2011 i am having income from salary as well as from profession, which itr form should i use to file for income tax return ITR4 or ITR4s?

And
if income is only from profession then which form is to be used?

Pls solve my query ASAP

CA Navin Jain

CA Navin Jain (Expert)
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28 July 2011 in the both case, you need to file itr-4

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Aayushman

Aayushman (Querist)
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28 July 2011 thank you sir.

For which purpose ITR4s is used?

CA Navin Jain

CA Navin Jain (Expert)
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28 July 2011 Section 44AD uses the words “Business”. The word “business” is different from “profession”. Section 2(13) defines “business” to include any trade, commerce or manufacture or any adventure in the nature of trade, commerce or manufacture. Whereas, section 2(36) defines “profession” to include vocation.

One may note that business does not include profession as held in G.K. Choksi 295 ITR 376 (SC).
Therefore section 44AD does not apply to any profession. Following are some examples of
profession: -

(a) CA/ CS/ CWA
(b) Advocate/ Authorised Representative (including Tax Practitioners)
(c) Engineer/ Architects
(d) Doctor
(e) Religious teaching [CIT vs Abdul Gani Gurdeji 213 ITR 798 (Raj.)]
(f) Politics
(g) Painter or any other artist

Following are some examples of business: -

(a) Trading of goods,
(b) Trading of shares, stocks [CIT vs Lallubhai Nagardas & Sons 204 ITR 93 (Bom.)]
(c) Manufacture/ process of any product
(d) Tailoring
(e) Beauty parlour
(f) Restaurant and Hotel
(g) Money lending
(h) Banking
(i) Commission or brokerage business
(j) Real estate trading and development
(k) Civil construction and ancillary activities
(l) Infrastructure development
(m) Nursing Home

Aayushman

Aayushman (Querist)
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28 July 2011 as per your recent reply if a person is having income from business he/she should go with ITR4s. Am i right?

e.g. If a lady is having income with a beauty parlour then she should go with ITR 4s?

CA Navin Jain

CA Navin Jain (Expert)
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28 July 2011 yes

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