Nisha
16 July 2026 at 14:17

ITR-4 vs ITR 5

Hi Sir/Ma'am
We have a query regarding the filing of the Income Tax Return for a partnership firm.

The firm had been filing ITR-4 under the presumptive taxation scheme under Section 44AD in the earlier years. However, during the current financial year, the firm has no business income. While preparing the return, the Income Tax portal is prompting us to switch the return form from ITR-4 to ITR-5.

In this scenario, should we switch to ITR-5, or should we continue filing ITR-4 by offering a notional presumptive income, considering that the presumptive taxation provisions under Section 44AD are generally expected to be followed for the prescribed period once opted?

We would appreciate your guidance on the correct course of action.


Shubhakaran Sharma
16 July 2026 at 10:42

New Garden in Place of Old Garden

A completely new garden has been laid out in place of the old one in front of the school building. Should the expenditure incurred on this garden be treated as capital expenditure, and under which head in the accounts should it be recorded?


Suresh S. Tejwani

Respected Members,

I have a query regarding the reporting of Remuneration received as a Foreign Employee from a Foreign Enterprise, which is exempt under Section 10(6) of the Income-tax Act (subject to satisfaction of the prescribed conditions).

In the previous year, while using Spectrum software, we were manually entering this amount under exempt income, and the ITR was filed successfully.

However, after the latest software update for AY 2026-27, manual entry is no longer permitted. We have to select an item from the predefined list. Although the list contains "Remuneration received as Foreign Employee", selecting this option results in a JSON validation error stating "Specify Category."

On contacting Spectrum support, their executive advised us to report this income under "Income Exempt as per CBDT Circular", after which the JSON is generated successfully.

My query is:

Is there any CBDT Circular/Notification under which remuneration received as a foreign employee from a foreign enterprise is treated as exempt?
Since the exemption is available under Section 10(6) and not by virtue of any CBDT Circular, is it technically and legally correct to report it under "Income Exempt as per CBDT Circular" merely to overcome the JSON validation issue?
Has anyone else faced this issue in Spectrum or any other ITR utility? If yes, what is the correct reporting approach?

Any guidance or reference to the relevant provision, schema validation, or CBDT instruction would be greatly appreciated.

Thank you.


Naveen Kumar Jain
16 July 2026 at 09:49

Presumptive income under 2025 ACT

can set off of losses under other heads of income against business income arrived at using presumptive income scheme is not allowed under new Act? Is rebate under section 156 of 2025 Act will not apply to tax on income declared under presumptive scheme, just like capital gains are excluded?


Adi

I am opting for presumptive taxation mode in ITR-3. I am getting the following error in the final validation step.

Upload Level ValidationITR3Category of Defect B/D
You will be allowed to upload the return. There is a possible defect present in the return or some of the deduction/claim may not be allowed.
1 Error(s) found

Error Description
If you are required to prepare/maintain books of account and dividend income is reported in Profit & Loss Account, please ensure consistency between amount of dividend income reduced in Sch. BP and dividend income reported in Sch OS. Please ignore if not applicable.

Suggestions
Kindly ensure that dividend income mentioned in schedule OS should be equal to dividend income reduced from Schedule BP.

So what to do? Do I have to made entries as suggested or just upload by neglecting?


Naveen Kumar Jain

Non specified professionals were allowed to file their returns using section 44AD under 1961 Act, as they were not barred using 44AD like specified professionals who could use 44ADA. Is position any different under 2025 Act? Can they not utilise presumptive income scheme?


Biswajit Das

To show presumptive income under Section 44ADA, what should be the business code for a Contractual Photo Editor?
FYI, As per the TDS certificate, TDS has been reported under Section 194C.


Swapnil
15 July 2026 at 23:10

Under construction property in ITR

Hi

I had under construction house property in financial year 2025-26

Whether I have to disclose it in ITR for FY 2025-26 or I need to disclose it in ITR in future years when I receive possession of said house property

Please advise


binu sukumaran

Sir,
one of landlord pay local board building tax on 15.07.2026 for 25-26 payment . He also incurred Penal interest for that
1. which year he can claim deduction form his rental income
2. can he claim Penal interest also.
Please advise
With regards
Binu


Suresh S. Tejwani
15 July 2026 at 19:34

Foreign inward in ITR

If a foreign individual receives a foreign inward remittance (income received from outside India), where should this be reported in the ITR utility, if at all? If the amount is exempt from tax in India, is there any requirement to disclose it in the ITR? Kindly clarify the relevant schedule/field, if applicable.






CCI Pro



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