Answer

ITR

Freelancer choosing between ITR-3 and ITR-4

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  1. Facts

    A resident freelancer in a specified profession with receipts within limits can declare 50% as income under Sec 44ADA and file ITR-4. Otherwise, or with capital gains beyond limits, ITR-3 is needed.

  2. Provisions and law

    • Sec 44ADA, Income-tax Act 1961 (now Sec 58, Income-tax Act 2025)Presumptive income of 50% of receipts for specified professions within limits.
    • Rule 12, Income-tax Rules 1962 (now Rule 164, Income-tax Rules 2026)Prescribes the ITR forms and who must use which form.
  3. Analysis

    The 44ADA limit is ₹50 lakh, or ₹75 lakh if cash receipts are within 5%. With ₹30 lakh receipts, 50% is ₹15 lakh income. If your real profit is lower and you want to claim it, you need books, possibly an audit, and ITR-3. Check whether your work counts as a specified profession.

  4. Conclusion

    1. Check if your profession is covered by Sec 44ADA.
    2. Check receipts against the limit.
    3. Choose ITR-4 for presumptive or ITR-3 for actual profit.
    4. File by the due date.

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