Selection of ITR for filling return

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This discussion clarifies whether an individual can file their tax return using ITR 4 under section 44ADA when TDS has been deducted under sections 194H and 194JB. The consensus is that it's possible if the commission income (194H) is declared under 'Income From Other Sources' (IFOS) and the professional services qualify for 44ADA. If not, filing ITR 3 with maintained books of accounts would be necessary.

TUSHAR KANTI BHATTACHARYA

TUSHAR KANTI BHATTACHARYA (Querist)

28 October 2021 Dear
Tax has been deducted under section 194H and 194JB can I submit the return ITR 4 u/s 44ADA or not ?
Tushar Kanti Bhattacharya

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

28 October 2021 Most likely yes, provided income under TDS 194H can be declared under head IFOS, while you are providing services as specified u/s. 44AA(1)...

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TUSHAR KANTI BHATTACHARYA

TUSHAR KANTI BHATTACHARYA (Querist)

29 October 2021 Thank You Mr. Dhirajlal Rambhiaji, for your reply but I can not understand about the term "IFOS" and I think where I declared more than 50% of profit in the case of commission agent then maintain of Books of accounts will not required . Please clarify my whole statement which I have written, I may be wrong also.
Tushar Bhattacharya

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

29 October 2021 IFOS... is short term for 'Income From Other Sources'...
As you are having commission income as well as professional income, you can file ITR4 for presumptive assessment u/s. 44ADA, (provided eligible); along with commission income under IFOS. Otherwise you need to file ITR 3 with books of account maintained.

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