Itr4 audit versus no audit option (equity trading)

ITR 249 views 1 replies
I am a professional engineer and my main source of income is from my job salary and I fall in 30% tax slab based on my salary. In addition, I also do equity trading heavily. I have intraday profit(1 lac), equity-delivery based profit (1.2 lac) and long-term capital gains profit (10 lac) all these three from the equity trading. I don't do any F&O. I am filing ITR4 first time because I have started trading.
 
I would like to know your guidance on which option I choose among the below two options for filing ITR4?
 
Option1 :
In this option, I show intraday profit (1 lac) as my business income on a 4 lac turnover, equity delivery profit of 1.2 lac as short term capital gains (tax STCG 15%) and long-term gains of 10 lac (no tax on LTCG). Hence in this option, when I file ITR4 then I will not need to go for CA audit because my turnover is 4 lac and intraday profit is 1 lac which is more than 8% of turnover.
 
Option 2:
In this option, I show intraday profit (1 lac) as my business income on a 4 lac turnover, equity delivery profit of 1.2 lac also as my business income whose turnover is 90 lac and long-term gains of 10 lac as captial gains (no tax on LTCG). Hence in this option,  when I file ITR4 then I will be requiring the CA audit because my turnover in this case will become 94 lacs (i.e. total of 4 lac turnover from intraday and 90 lacs turnover from equity delivery) and profit will be 2.2 lac (i.e. total of 1 lac from intraday and 1.2 lac from equity delivery. In this option, my profit of 2.2 lac will be less than 8% of turnover of 94 lac which will require CA audit while filing ITR4.
 
I would like to know your guidance of which of the two options should I choose when I file ITR4. That is, should I show intraday as business income alone which is option 1 and doesn't require CA audit **OR** should I show both intraday and equity delivery based option as business incomes and go for CA audit which is option 2?

I understand that whichever option I choose then I will need to follow that option in ITR4 in all the subsequent years to come, is that right?
 
Thanks.
Replies (1)

1. As your main source of income is Salary. the other incomes can be taken as income from other sources and just ITR 2 can also be filled.

2. Still you can go with option 1, file ITR 4; may be with no account case, with no audit liability u/s. 44AB, declaring ST and LT (exempt) gains, and 1 lakh intra day income under income from other sources. (mainly because your total TO is just 4 lakhs). 

3. Prepare and maintain accounts with all the transaction details ready, for future enquiry, if any. When you are declaring all the incomes/gains with payment of all the due taxes, any other difficulty would be least. (if at all, I think the transactions of short term deliveries)


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