Which itr form to use?

Dear Tax Gurus,

I am a Software Consultant providing personal consulting services. I dont have a company or anything like that - just personal consulting which I get paid nominally. My annual income last year was around less than 5 Lakhs from this consultancy. Can I use Form ITR 4S - SUGAM to file returns? It looks to me like I comply with the requirements. Wanted expert advice.

Thanks

Sanjay

 

Replies (2)

In my personal view , you are carrying a profession read sec44AA of act, so you cannot file  ITR4S sugam as this form used for assessee covering u/s 44AD and 44AE, which is for business and not profession. There is distinction between business and profession.

 

Also

does Rs 5lac is profit or 5 lac revenue??

 

If it is revenue then file ITR4 giving full details of income and expenditure

If it is profit, then check the revenue if it is more than 15 lakh then you should get accounts audited and if this less than 15 lakh then normally iTR4 apply

 

You can wait for others reply also

thanks

In terms of Sub Section (6) of Section 44AD, you cannot use presumptive taxation for a Profession. In my view, giving personal consulting of any kind is a pure profession. It hardly matters, whether you in giving it in capacity of individual (proprietor), or in form of partnership or company. You should file your return in Form ITR - 4.

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