Hi friends,
Background:
Assesse is a car owner, pays interest on car loan. Receives Income from ANI TECHNOLOGIES PVT LTD (Deductor) u/s 194C. Eventhough TDS deducted by deductor not reflected in 26AS (only 1 month TDS reflected out of 12 months).
Query:
1. Which ITR Form - ITR 3 or ITR 4 and which section sec 44AD or 44ADA
2. Business head code or name
3. Can we claim Interest on car loan and car maintenance
4.What about TDS of 11 months whether it will be credited in next fy.
5. whether Books of accounts has to be prepared or not.
you better to file ITR 4 if your turnover is less than 2 Crore and TDS u/s 194C means your doing contarct business not a professional service so Presumptive taxation u/s 44AD should select and must show at least 8% of your Reciepts as Profit..
if you wish to opt for Presumptive taxation no need to maintain books of accounts.. and once you opted for Presumptive taxation interest on car loan is already deemed to be allowed as business expenditure.. so no other deduction is available under chapter VI A.
if TDS for 11 months not reflected in form 26AS, please ask your Deductor for the same and ask form 16A for the same from Deductor and remit same while filing ITR-4.
ONE THING YOU MUSH KNOW IF YOU WISH TO FILE ITR-4.. THEN NEXT 4 A.Y'S YOU MUST FILE ITR-4 AND DECALARE INCOME UNDER PRESUMPTIVE TAXATION SCHEME. OTHERWISE TAX AUDIT u/s 44AB and Maintenance of books of accounts u/s 44AD will come into force.
for your business head please look at ITR once and you will easily understand what head is applicable..
CAclubindia
