Income Tax Return

Dear All,

I want to know that If person has only Comission Income then his Income tax return should be filed under income from business means ITR-4 or it should be under income from other sources, means ITR-2.

As for filing ITR-4 we have to also submit balance sheet.

Also from AY 2008-09 if Income tax return has not filed, due to Income below tax slab, but there is refund to claim from IT Dept, so can we file return of AY 2008-09 onwards now & if yes then is there any panelty for late filing.

pls. help me with your good answers & suggestions.