Itr 4 v/s itr 4s query

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Dear Sir/Madam,

In FY 2014-15, I had loss about 5 lakhs from intraday share trading and less than 1 lakh income from Salary + Bank Interest. I filled ITR4 form against which I got IT notice under section 143(2) for Limited Scrutiny. I have submitted my proof of loss but this is pending from IT dept side.

In the FY 2015-16, my total income is around Rs. 5 Lakhs including consulting fee under 194J. I filled the ITR4 for this year as well but I got Notice u/s 139(9) in absence of entries in balance sheet. I replied to notice with “Not Agree” citing reason that I have no consultancy firm and it is single job which I am doing and getting salary but under 194J. Further response from IT dept is still pending.

Now in the FY 2016-17, my income which is around 7 lakhs, is again under 194J. So can fill ITR 4 now (ITR 4S in previous year)? In that form can I show total earning as 7 lakhs and some amount e.g. 1-2 lakhs as expenses for providing consultancy? Can the question arise that why you are showing expense when in last year ITR I have given explanation that I am not working as consultancy firm but kind of salaried employee??

What best should I do with good intention?

Thanks for your time and possible reply.

Replies (1)

" What best should I do with good intention?"

That is good part of you........

If the consultation charges received are due to any professional services as specified u/s. 44AA........

You can file ITR 4 for AY 2017-18, with presumptive assessment of Rs. 7 lakhs receipt, by declaring minimum 3.50 lakhs as taxable gains.........  No question of earlier year can be asked for this year declaration, which is as per rules.......... no question of defective return....


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