Answer

ITR

Situations where ITR-4 cannot be used

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  1. Facts

    No. ITR-4 cannot be used by a director of a company, a person holding unlisted equity shares, a person with foreign assets or foreign income, agricultural income above ₹5,000, or losses to carry forward, among other bars. Such filers use ITR-3.

  2. Provisions and law

    • Sec 44AD (now Sec 58)Presumptive business income at 6% of digital and 8% of other receipts for eligible businesses
    • Rule 12, Income-tax Rules 1962 (now Rule 164)Return forms and eligibility
  3. Analysis

    You can still declare the shop's income on the presumptive basis in ITR-3; only the form changes. ITR-3 asks for more details, such as director's DIN and shareholding. If you filed ITR-4 wrongly, the return may be treated as defective; fix it with a revised return in the right form. The same applies to unlisted share holders, which includes many startup employees with ESOP shares.

  4. Conclusion

    1. Check each bar against your situation
    2. If any applies, use ITR-3
    3. Declare presumptive income in ITR-3 if eligible
    4. Revise if ITR-4 was filed wrongly

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Presumptive income tax return, ITR-4 (Sugam), Sec 58 (old 44AD, 44ADA, 44AE)

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