Tax Consultant
1596 Points
Posted on 07 July 2026
ITR-3 with both Section 44AD presumptive business income and LTCG is a common scenario. Here is how to handle it:
ITR FORM SELECTION: ITR-3 is correct if you have business income (presumptive under 44AD) plus capital gains. ITR-4 is NOT suitable if you have capital gains - use ITR-3.
HOW TO FILL:
1
Business Income in Part B-P&L
- Under Section 44AD, declare 8% of gross receipts (or 6% if receipts are via banking channels) as presumed profit
- No need to maintain books if turnover is under Rs 3 crore and you declare 44AD income
2
Capital Gains in Schedule CG
- Fill Schedule 112A for equity shares and equity mutual funds
- Remember AY 2026-27 period split: pre-July 23, 2024 gains at 10% with Rs 1 lakh exemption; post-July 23, 2024 at 12.5% with Rs 1.25 lakh exemption
- LTCG on other assets: Schedule CG > Long Term > Other than listed securities
3
Tax Calculation
- Business income under 44AD is taxed at slab rates
- LTCG on equity (Section 112A) is taxed at flat 10%/12.5% with exemptions, separately from slab
- STCG on equity is taxed at 20% (post July 23, 2024) or 15% (pre July 23, 2024)
NOTE: If your business turnover exceeds Rs 3 crore, or if your declared profit is less than 8%, you cannot use Section 44AD and must maintain books.
For guidance on TDS on contractor payments if your business makes such payments: [TDS on Contractor Payments Section 194C Guide India](https://taxgarden.in/blog/tds-on-contractor-payments-section-194c-393-guide-india)