194JB 10 business and technical services receipt

If for technical services on which 10% TDS is deducted on 194 Jb - money is received and STCG is also there then which ITR form will be filled.
Can I fill in ITI-3 under presemtive income sec 44aba?
Replies (4)
Quick Summary
This discussion addresses which Income Tax Return (ITR) form to use when you have received payments subject to 10% TDS under section 194JB, and also have capital gains. The consensus suggests filing ITR-3, particularly if you are considering presumptive taxation under section 44ADA of the Income Tax Act. This form accommodates both business/professional income and capital gains.

File itr 4
Sir capital gain bhi hai

Yes, file ITR 3 with presumptive assessment u/s. 44ADA IT act.

ITR-3, not ITR-4, if there's STCG:

• ITR-4 can't be used if you have capital gains, except LTCG under 112A up to Rs 1.25 lakh (from AY 2025-26). STCG (shares or MF) rules out ITR-4.

• So file ITR-3: business or professional income (you can still use 44ADA or 44AD within ITR-3, in the presumptive rows), plus Schedule CG for the STCG.

• Technical services receipts with 194J(b) TDS at 10% are typically professional (technical consultancy is a specified profession), so 44ADA applies if receipts are up to Rs 75 lakh.

• Claim the 194J TDS in Schedule TDS2.

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