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Can a doctor running his private clinic file sugam (itr-4s)?

Prasant Kumar Nayak (Engineer) (26 Points)

13 March 2017

Hi, My brother is doctor and running his private clinic. Can you please let me know whether he can file his return for AY 2017-2018 using SUGAM (ITR-4S)? It would be great if you can answer ASAP as he need to fill advance tax on or before 15th March 2017. Thanks in advance.

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9 Replies

CA V KARTHICK (Chartered Accountant in Practice) (506 Points)
Replied 13 March 2017

No a Medical Professional Cannot be file return under 44AD.

Therefore he cannot file return in ITR-4S.

CA PuRvI M!$rA (-) (2260 Points)
Replied 13 March 2017

Professionals can not file SUGAM (ITR 4S). They have to file ITR 4 only.

(Guest)

To be more precise, if turnover of all business of eligible assessee,

excluding business covered by section 44AE, exceeds Rs.2 Crore,

taxpayer has to get accounts audited u/s 44AB and option to file

return on presumptive basis u/s 44AD in respect of any particular

business or part of business or division thereof will not be available.

Your business other than the business of plying and hiring

vehicle declared u/s 44AE is already covered by tax audit

provision u/s 44AB for the reason that your turnover therefrom is

exceeding Rs. 1 Crore. Resultantly, the benefit of presumptive

taxation u/s 44AD in respect of I and III business would not be

available to you. You have to get the Business I and III also audited

& income of it cannot be offered for taxation on presumptive

basis u/s 44AD. Limit of Rs. 1 Crore for tax audit is assessee-wise

and not business-wise. Only exception is in respect of income

from plying, hiring or leasing of your own goods carriages. You

can offer income from goods carriages on presumptive basis u/s 44AE

& tax audit would not be mandatory in such case.

Abdul Azeez (Article Assistant) (26 Points)
Replied 13 March 2017

IT 4 is appropriate for him

Studentsca (CA Practice ) (3577 Points)
Replied 13 March 2017

Specified professionals us 44aa can file their returns us 44 ADA as inserted by FA 16.
ADVANCE TAX TO BE paid on relevant dates as applicable.
Hence he can file Form Itr form 4S

CA CMA Sagar Jaiswal (Finance professional) (665 Points)
Replied 14 March 2017

If you fall in any of the below mentioned case you cannot file ITR-4S

Income from commission or brokerage
Income from Agency business
Income from Profession – those who are carrying on profession of legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, an authorized representative, film artist, company secretary and information technology. Authorized representative means – any person, who represents someone, for a fee or remuneration, before any Tribunal or authority under law. Film Artist includes a producer, actor, cameraman, director, music director, art director, dance director, editor, singer, lyricist, story writer, screenplay writer, dialogue writer, dress designer – basically any person who is involved in his professional capacity in the production of a film.
Own more than one house property
Earned Speculative income like winning from lotteries, horse races
Agriculture income or exempt income more than Rs 5,000
Have Capital gains
Losses to be carried forward
Holds any assets outside the country or has any financial interest in any foreign entity
Is a signing authority in any bank account located outside India
Any resident having income from any source outside India
Claimed relief under Section 90 or 91

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Studentsca (CA Practice ) (3577 Points)
Replied 14 March 2017

Check out new Section 44ADA for more clarity.
Also New form ITR 4S will be available for AY 17-18.

GOKUL K JADHAV (Master of Commerce & CA final Student) (156 Points)
Replied 16 March 2017

The Sugam ITR-4S Form is the Income Tax Return form for those taxpayers who have opted for the presumptive income scheme as per Section 44AD and Section 44AE of the Income Tax Act.

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