Itr return

This query is : Resolved

Gaurav Sharma (Querist)
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17 July 2014 WITH RESPECT,

I have one query as follows:
That I am working in the Government Sector on contract basis as a Legal Retainer. My annual salary is Rs 30000. I joined in the year 2013 July (Month). That i received a sum of Rs 193267 in the financial year 2013-14 as a Fee and my organization issued FORM 16 A for the same and tax is deducted at rate of 10% as per section 194J of Income Tax Act, 1961. My TDS amount is Rs 19327.

In order to claim my TDS amount i have to file an ITR in the Assessment Yesr 2014-15.

I want to know which ITR form should i file.

Whether ITR-1 or ITR-4 because many people suggested that in order to claim TDS amount i can fill ITR-1 also because my income received in the financial year is below Rs 200000 i.e non taxable and i can File ITR-1 and there is no harm in it and even my TDS amount will be refunded to me safely without any problem by IT department.

BUT as per 194J i am getting fees for professional services and income from profession cover under ITR-4.

So i want to know again whivh ITR should ITR should i file...ITR-1 or ITR-4

Please Advise. I am really confused. I have to file my ITR early and i am first time Tax Payer.

Regards.
Gaurav Sharma

Nikhil Kaushik

Nikhil Kaushik (Expert)
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17 July 2014 you need to file ITR-4 only. ITR -1 is not applicable to you.

Gaurav Sharma

Gaurav Sharma (Querist)
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17 July 2014 But income received is not taxable i.e below Rs 2 Lakh.

why not ITR-1 sir. Please through light on it..

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Nikhil Kaushik

Nikhil Kaushik (Expert)
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17 July 2014 itr-1 is not applicable to professional income. quantum of income is not relevant.

Gaurav Sharma

Gaurav Sharma (Querist)
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17 July 2014 SO it mean if someone filed ITR-1 who is like me also...he didn't get any refund for TDS claim..

Nikhil Kaushik

Nikhil Kaushik (Expert)
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17 July 2014 it means that return would be fallacious. and if you ask me there are good chances that return may be referred to the jurisdictional AO for checking.

Gaurav Sharma

Gaurav Sharma (Querist)
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17 July 2014 But if the same if filed through professional CA and in fact he filed on behalf of someone...in the matter...

Nikhil Kaushik

Nikhil Kaushik (Expert)
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17 July 2014 well can't help if even CAs file wrong returns...

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