44ad -- which form to choose

Hello, have been filling ITR 4(Sugam) for previous years., but the proprietor is now retired and has closed the company and hasnot made any billing in financial year. He has got some payments less then 50000 but that was from previous billing outstandings. so can he go for ITR 2 sugam instead since the total billing is 0? He needed to show capital gain so thats why he cant file ITR4 and wants to avoid ITR3.

Thanks