Answer

ITR

Who can file ITR-4 Sugam

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  1. Facts

    ITR-4 is for resident individuals, HUFs and firms other than LLPs with total income up to ₹50 lakh who declare business or professional income on the presumptive basis under Sec 44AD, 44ADA or 44AE. It can also include salary, one house property, interest and limited long-term gains on listed equity.

  2. Provisions and law

    • Sec 44AD (now Sec 58)Presumptive business income at 6% of digital and 8% of other receipts for eligible businesses
    • Sec 44ADA (now Sec 58)Presumptive professional income at 50% of gross receipts
    • Sec 44AE (now Sec 58)Presumptive income for goods carriages, up to 10 vehicles
    • Rule 12, Income-tax Rules 1962 (now Rule 164)Prescribes return forms and who may use them
  3. Analysis

    Check four things: you are resident, total income is within ₹50 lakh, you choose presumptive income, and none of the bars apply. A shop owner with ₹80 lakh turnover, salary from a part time job and FD interest can use ITR-4. Someone with ₹2 lakh of short-term share gains cannot, because short-term capital gains are not allowed in ITR-4. When in doubt, ITR-3 covers everything but needs more detail.

  4. Conclusion

    1. Confirm residential status and total income under ₹50 lakh
    2. Confirm you will declare presumptive income
    3. Check the bars: director, unlisted shares, foreign assets, capital gains beyond limits, losses to carry forward
    4. Choose ITR-4 if clear, else ITR-3

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

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