26 June 2015
Dear Sir, One of the assessee has net profit Rs. 165000/- u/s 44ad and besides this he has rental income of 13500/- per month by letting a shop for ATM. In this regard I have following queries - 1. Whether he can use itr 4S to show his business income and rental income as well. 2. What % of deduction is allowed out of rental income as annual maintenence?
02 August 2024
For the assessment year 2015-16, **ITR-4S** (also known as ITR-4S) is designed for taxpayers who are eligible for the presumptive taxation scheme under Section 44AD. This form is used for businesses and professions where the turnover is less than ₹60 lakh and for which books of accounts are not required to be maintained under this scheme.
### 1. **Eligibility to Use ITR-4S**
**a. Business Income:** - **Yes**, the income under Section 44AD (presumptive taxation) can be reported using ITR-4S. This is suitable if the taxpayer's business turnover is less than ₹60 lakh and they are opting for the presumptive taxation scheme.
**b. Rental Income:** - **No**, ITR-4S is not suitable for reporting rental income. Rental income should be reported in a form that supports such income, like ITR-3. ITR-4S does not accommodate additional income from sources like rental income from property.
### 2. **Deduction for Rental Income**
For rental income, the following deductions are typically allowed:
- **Standard Deduction**: Under Section 24(a) of the Income Tax Act, a standard deduction of 30% of the rental income is allowed for repairs and maintenance of the property.
- **Other Deductions**: Additionally, if there is any interest on loans taken for the property, it can be claimed under Section 24(b).
### **Suggested Approach**
Since ITR-4S does not support rental income, you should use **ITR-3** for reporting both:
1. **Business Income under Section 44AD**: You can report your presumptive business income and claim the benefits of presumptive taxation.
2. **Rental Income**: You should report the rental income from the shop under the head "Income from House Property" in ITR-3.
**To summarize:**
1. **ITR-4S**: Use this form only to report business income under Section 44AD if you do not have any other type of income.
2. **ITR-3**: Use this form to report both business income under Section 44AD and rental income. You can claim the standard deduction of 30% on the rental income and any other eligible deductions.
### Filing Instructions:
1. **For Business Income**: - Report under the "Presumptive Business Income" section in ITR-3.
2. **For Rental Income**: - Report under the "Income from House Property" section in ITR-3. - Apply the 30% standard deduction on the gross rental income and any other allowable expenses.
**Conclusion**: Use **ITR-3** for a taxpayer with both presumptive business income under Section 44AD and rental income. Ensure to apply the correct deductions for rental income and maintain the appropriate records.