31 July 2024
Yes, you can file an Income Tax Return (ITR) under both sections 44AD and 44AE for the assessment year 2012-13 if you have income from both eligible business activities. Here’s a brief explanation of each section and how to file your return:
### Section 44AD - **Eligibility**: Applies to small businesses, excluding those in the business of plying, hiring, or leasing goods carriages. - **Presumptive Taxation**: Income is presumed to be 8% of the turnover or gross receipts (or 6% if the turnover is received by digital means). - **Turnover Limit**: Up to ₹60 lakhs for AY 2012-13. - **No Requirement for Maintenance of Books**: If you opt for this scheme, you are not required to maintain detailed books of accounts.
### Section 44AE - **Eligibility**: Applies to businesses involved in plying, hiring, or leasing goods carriages. - **Presumptive Taxation**: Income is presumed to be ₹5,000 per month (or part of a month) for each goods carriage. - **Vehicle Limit**: You should not own more than 10 goods vehicles at any time during the year. - **No Requirement for Maintenance of Books**: Similar to section 44AD, if you opt for this scheme, detailed books of accounts are not required.
### Filing ITR for AY 2012-13 For AY 2012-13, you need to use the relevant ITR form. For individuals and HUFs opting for presumptive taxation, **ITR-4S (Sugam)** was used. Here are the steps to file the return:
1. **Collect Information**: - Gather details of your turnover, income, and other sources of income. - Ensure you have details of your goods vehicles if filing under section 44AE.
2. **Download ITR Form**: - Download ITR-4S (Sugam) from the Income Tax Department’s website for AY 2012-13.
3. **Fill in the Details**: - Fill in personal information, income details, and presumptive income under sections 44AD and 44AE. - Provide bank account details and other required information.
4. **Compute Tax Liability**: - Calculate your total income and tax liability. - Deduct any TDS and advance tax paid. - Ensure to claim all eligible deductions.
5. **E-File the Return**: - Login to the Income Tax e-filing portal. - Upload the filled ITR-4S form. - Verify the return using Aadhaar OTP, EVC (Electronic Verification Code), or by sending a signed physical copy of ITR-V to CPC, Bangalore.
### Filing ITR for Non-Residents For non-residents, the ITR form to be used depends on the sources of income. Typically, **ITR-2** or **ITR-3** is used for individuals having income from various sources like salary, house property, capital gains, and other sources.
1. **Collect Information**: - Gather all income details, including foreign income, if applicable. - Details of TDS, tax payments, and deductions.
2. **Download ITR Form**: - Download the appropriate ITR form (ITR-2 or ITR-3) from the Income Tax Department’s website.
3. **Fill in the Details**: - Enter personal details, residential status, and income details. - Provide information about foreign assets, if any. - Fill in bank account details.
4. **Compute Tax Liability**: - Calculate your total income and tax liability. - Deduct any TDS and advance tax paid. - Ensure to claim all eligible deductions.
5. **E-File the Return**: - Login to the Income Tax e-filing portal. - Upload the filled ITR form. - Verify the return using Aadhaar OTP, EVC, or by sending a signed physical copy of ITR-V to CPC, Bangalore.
### Important Points - **Section 44AD** and **Section 44AE** can be availed together if you have both types of income. - Ensure accurate and complete information to avoid penalties. - For non-residents, pay attention to reporting foreign income and assets.
If you need further assistance, consider consulting a tax professional to ensure compliance with all tax regulations.