• Which ITR type is used by consultant & under which section they mention the payment (done u/s 194j)?

Hi,
I worked for a company in 2018 for 4-5 months as an education consultant. The payment was made u/s 194j. 10% tax was deducted at the spot. 
My total income in the period was 188000 and a total of 18800 was deducted. I was living in BLR on rent and had no other source of income (neither from any property or business).
Since I was doing it for the first time, I referred to the information given on clear tax site. It mentioned that Consultants use ITR 4 form & put their income as profilts and gains from business. So to file ITR this year I had mentioned my whole income under 'profits from the business' & didn't mention any income under sections 44ada, or 44ad. 
I have received proper receipts & form 16 (3 copies mentioning the whole amount) as well that has all information about the deductor and tax deduction dates & challan no. etc. 

Recently, I have got an intimation by CPC that my ITR is defective. since I haven't disclosed my income in any of the 44 section, I am not eligible for ITR 4 form, but I should fill ITR 2 or ITR 5 form.

My question is what should I fill the ITR 2 form? Then, under which section should I mention the amount?
Also, in the intimation, it said that no information should be changed in the form except for the defect they mention, but I don't think that they have caught the defect right. My mistake is entering the amount in wrong section. How do I fix that? 
Also, will I be able to save my taxes? I paid 18800 on the income 188000, which is really high and I was told that later I could file tax return and save it.
Asked 5 years ago in Income Tax

Hi,

- You filed the correct form but presentation was wrong. I may assist you in filing of defective return.

 

Thanks

Vivek Kumar Arora
CA, Delhi
5015 Answers
1138 Consultations

You need to file ITR-4 against defective return notice with CORRECT PRESENTATION.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1138 Consultations

Dear Sir 

 

Here is my reply to your query:

 

You can file the revise return in response to the intimation reviced by you regarding defective return.

For that you have to login on the income tax portal and file the revise return - ITR -4 disclosing a the income "₹188000" under the section 44ADA and also disclosing the same as profit as per sec 44ADA.

 

Also make sure that some mandatory fields needs to be filled before filing the return that is 

Value of closing stock 

Value of closing debtors 

Cash in hand 

 

You can mention zero in all such fields of there is no information regarding that. 

 

I hope i will be able to resolve all your queries. And in case you need more specific solution then you need to consult a professional personally who can see all your documents and provide you the situation oriented solution.

 

Thanks and Regards

Divya Chugh  

Divya Chugh
CA, Noida
190 Answers
3 Consultations

- You only need to file the revised return of Income using ITR-4. There is no need to file ITR-2. Under ITR-4, select section 44ADA and you can show taxable income minimum of 6% of total receipts or actual prfoit whichever is higher. Please share the details on my email aroravivek1982@gmail

- In the notice, reason of defect is also mentioned. Please visit page no.2. Is it intimation u/s 143(1) or notice u/s 139(9).

- There is no need to panic and you will get refund of Rs.18,800 because your taxable income is below the threshold limit.


You can share documents. I will file it without any fees.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1138 Consultations

Hello,

 

You need to revise your return and file ITR-4 with correct disclosures.

No need to file ITR-2.

I hope that this answer satisfies your requirements. For further understanding, you can contact us directly or take a phone consultation.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Advisable to hire a CA for this rather than doing it yourself.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Dear Sir,

 

Hope you are doing well !!

 

You only need to file revised return by using ITR 4.

 

You don't need to file ITR 2.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Please share the copy of notice with us.

 

We may assist you in filing revised return.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

If thats your only income you will get the entire refund, as you have filed the return wrongly and you should have shown income u/s 44AD.

Secondly how did you show income under the head profit from business and profession in ITR 4 without filling the other mandatory fields of ITR 4.

ITR 5 is not applicable to you nor ITR 2.

If you need my assistance you can contact me personally and I shall try help you to get refund.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

They wont provide any solution you have to provide them solution for which you need actual professional, so if you need any assistance feel free to contact me.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

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