can any body help me?

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VIPIN KUMAR (Practicing) (309 Points)
Replied 09 March 2010

Dear friends,

The ITO has rejected ITR 4 in this case.

pavanreddy (Student) (104 Points)
Replied 10 March 2010

the production manager means

1.he is working an employee in his employer or

2. he is working as a consultant in his producer

if he satishfy first conditon take form 16 from his employer and file in form ITR-1

if he satishfy second conditon he file his return in ITR-4

Rajat Singhal CA,CS,CFA (Senior Manager (F&A)) (254 Points)
Replied 10 March 2010

Dear Pavan as Vipin had already said, that he was issued form 16A that means the employer and employee relation does not exist.

In this case the manager is providing his technical services and getting the fees for it so, it shoulb be charged as professional income and ITR-4 should be accepted.

Regards

Rajat

Divya K S (CA) (289 Points)
Replied 10 March 2010

Agree with Mr. Rajath.

Profession definition in Income Tax Act 1961 includes Production Manager of film industries. Hence, its a professional income & ITR 4 must be filed.

VIPIN KUMAR (Practicing) (309 Points)
Replied 10 March 2010

So what should i do? ITR - 4 has been rejected. Should i file return in ITR - 2?

Divya K S (CA) (289 Points)
Replied 10 March 2010

You can write a letter to the ITO stating that the profession is included as per the definition of Profession u/s 44AA of Income Tax Act, 1961. Hence, ITR 4 has been filed.

Other's opinion can be sought.

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