ITR
Who should file ITR-3
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Facts
ITR-3 is for individuals and HUFs with income from business or profession that is not offered under the presumptive schemes, or where ITR-4 conditions are not met. F&O traders, intraday traders, partners in firms and professionals keeping books usually file ITR-3.
Provisions and law
- Sec 28, Income-tax Act 1961 (now Sec 26, Income-tax Act 2025)Profits and gains of business or profession are taxable
- Sec 44AD, Income-tax Act 1961 (now Sec 58, Income-tax Act 2025)Presumptive business income at 6% of digital or 8% of other turnover, up to ₹2 crore (₹3 crore if cash receipts are within 5%)
- Sec 139(1), Income-tax Act 1961 (now Sec 263(1), Income-tax Act 2025)Return due date: 31 July for most individuals, 31 August for non-audit business or profession, 31 October for audit cases
Analysis
ITR-4 is only for residents with total income up to ₹50 lakh using Sec 44AD, 44ADA or 44AE (now Sec 58), without capital gains beyond small listed equity gains, foreign assets or losses to carry forward. Example: a salaried person with a ₹1.2 lakh F&O loss must use ITR-3, because ITR-4 cannot show a loss to carry forward. A partner earning remuneration from a firm also uses ITR-3.
Conclusion
- List all income heads you have
- Check ITR-4 conditions: residency, ₹50 lakh limit, presumptive income only
- If any condition fails, use ITR-3
- Collect books or broker P&L statements
- File with the right form
A Savvy can do this for you
Business or professional income return, ITR-3 (including F&O and intraday)
₹4,999
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