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Which ITR should i choose to file return?

28 June 2019

in 26AS only TDS of rs 7000 has been deducted.
shich itr should i choose. he has no other income.
can i choose ITR1 and put 7000 in "income from other source"??

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5 Replies

Monika Arora (learner) (347 Points)
Replied 28 June 2019

Under which section the TDS is deducted?

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Debiprasad Jana (295 Points)
Replied 28 June 2019

TDS has been deducted u/s 194H

Suresh Thiyagarajan (Student) (3986 Points)
Replied 28 June 2019

1. Sec 194H deals with deduction of tax @ 5% in respect of Commission or brokerage income. Nature of earning such income determines the taxability.
2. Two ways of commission or brokerage could be earned. One way would be a mere commission or brokerage like finalizing an agreement or a deal or bringing in some business. The person earning this type of income cannot be said that he is carrying on business or profession. Hence, this will be taxed under Income from Other Sources. Comparatively, this type of income happens mostly in abroad to my knowledge.
3. Another way is running a Business or Profession exclusively for earning a commission or brokerage income. Acting as an agent for the sale of a product, sale of shares, etc. In this case its a proper business and should be taxed under the head PGBP.
4. So, if your income comes under the first category you can file ITR 1 and show the income under Income from other sources.
5. If your income comes under the second category you have to file ITR -4 applicable for PGBP.
Please correct me if the above interpretation has an alternative view.

Debiprasad Jana (295 Points)
Replied 28 June 2019

but sir 44AD does not comply where income from agency , ommission or brokerage. ITR4 is strictly restricted for agency, commission or brokerage income

Suresh Thiyagarajan (Student) (3986 Points)
Replied 28 June 2019

1. ITR -3. Since you are showing income not on presumptive basis ITR-3 will do for you.
Please correct me if the above solution has an alternative view.