Can you opt for ITR 4 (presumptive income) if you have capital gains?

Yeah I think you do need to maintain books of accounts. It should be easy though, as you can get trade details from Zerodha.

Hello everyone!

I have professional income and STCG this financial year.
Last year i filed under presumptive taxation as i just had professional income and no capital gains.

I went through the above discussion and i understood that i can file under presumptive taxation (44ADA) and capital gains in ITR 3. I went through ITR-3 on the IT website. I even downloaded their Java program.

I can’t find any column to file for presumptive income in ITR 3. Like their is a separate and simple column in ITR 4.

Can anyone pls guide me how to go above it? Where to enter the information. The only infomation i have is my gross reciepts for the year.

Pls help.

Thanks and regards.

It’s there at Profit and loss sheet in the bottom NO ACCOUNT CASE heads.

It’s not that simple in ITR-3. You need to work around a bit. I think item 4 in Schedule BP is what you are looking for. And also item 35(i) and (ii).
If you look at these, they are disabled by default. I remember there is a way to enable them or get the correct values auto-populated - you just have to file the rest of the ITR correctly and it works. I don’t remember exactly how I got it to work as it was a year ago.

great answer.
spot on.
very few know about these options.

Great Point but one q …the moment return is filed under ITR 3 (with presumptive profession income only and capital gains ) does it mean we have to submit PL and BS? Also do we have to maintain books of accounts.

You don’t need to maintain proper books of accounts if you file entirely under the presumptive scheme. In general the rules would remain same as if you were using ITR4. You have to use a different form - ITR-3 - in this case to communicate your return to the tax office because you happen to have capital gains/losses, but in my opinion the law and rules applicable (section 44AD/ADA) would not change and you won’t need to maintain proper accounts.

However, for example if you have both business and professional income, for example business income from F&O and professional income from freelancing, and you choose to opt for presumptive income in only one of these, you would probably need to keep the books of accounts for the other one if that’s applicable for you under section 44aa.

Another case would be if you are declaring using presumptive income but declaring profits to be below the threshold - for example below 50% for professionals.

You may also separately be required to maintain books of accounts in some other cases, for example if you have/had a GST registration I think maintaining proper books of accounts becomes compulsory for the time period you were registered under GST.

But in general I think the entire point of section 44AD and ADA is to give small taxpayers a break from the hassles of accounting and so you generally don’t need to maintain proper books if you are filing presumptive income.

And in this case, you would need to fill only the no accounts case in the Balance Sheet and P&L sections of the ITR.

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