
ITR-4 Sugam and Presumptive Taxation — Sections 44AD (6% / 8% of Turnover up to ₹3 Crore), 44ADA (50% of Receipts up to ₹75 Lakh) and 44AE (Goods Vehicles): Who Can Use It, the No-Books No-Audit Deal, the Five-Year Lock-In, How to Fill ITR-4 and When ITR-3 Is the Better Choice
Video Explanation & Insights
Traders filing ITR-4: what to keep in mind
4 videos on this topic
The three presumptive sections
| Section | Who | Deemed income | Limit |
|---|---|---|---|
| 44AD — business | Resident individual, HUF or partnership firm (not LLP) carrying on any business except agency, commission/brokerage, plying goods vehicles (44AE) and 44AA(1) professions | 8% of turnover; 6% of the part received digitally (account-payee cheque/draft, bank transfer, UPI) by the return due date | Turnover up to ₹2 crore; ₹3 crore if cash receipts are within 5% of total receipts |
| 44ADA — profession | Resident individual or partnership firm in a specified profession — legal, medical, engineering, architecture, accountancy, technical consultancy, interior decoration, film artists, company secretaries, IT professionals notified | 50% of gross receipts (a higher figure may be declared) | Receipts up to ₹50 lakh; ₹75 lakh if cash receipts are within 5% |
| 44AE — goods carriages | Anyone owning not more than 10 goods vehicles at any time in the year | ₹1,000 per ton of gross vehicle weight per month for heavy vehicles (over 12,000 kg); ₹7,500 per vehicle per month for others — for every month or part owned | 10 vehicles |
- •All deductions under sections 30 to 38 (rent, salaries, depreciation, interest) are deemed already allowed — nothing more can be claimed against the presumptive income; the written-down value of assets is still reduced by notional depreciation.
- •Partnership firms under 44AD/44ADA cannot deduct partners' remuneration and interest separately from the deemed income (the 2016 amendment) — the deemed figure is final.
- •Chapter VI-A deductions (80C, 80D…) and the regime choice apply to the total income as usual; the presumptive income is simply the business/profession head.
- •GST and income tax turnover must match; the AIS shows the GST-reported turnover and the department compares it with the 44AD figure.
Who can use ITR-4 Sugam — and who cannot
ITR-4 is the short form for presumptive taxpayers: a resident individual, HUF or partnership firm (other than an LLP) with total income up to ₹50 lakh, income from business or profession computed under 44AD, 44ADA or 44AE, plus salary or pension, one house property, other sources and agricultural income up to ₹5,000, and from this year LTCG under section 112A within the ₹1.25 lakh exemption. It cannot be used by directors, holders of unlisted shares, those with foreign assets or income, non-residents, anyone with capital gains beyond that exemption, more than one house property, brought-forward losses, 194N TDS, deferred ESOP tax, or income above ₹50 lakh — such a presumptive taxpayer files ITR-3 and declares the presumptive income there.
The five-year rule and the audit trap
- 1Once you declare income under 44AD, you are expected to continue for five consecutive years. Declare a lower profit than 6%/8% in any of those years (with total income above the basic exemption) and you lose 44AD for the next five years — and must keep books and get audited under section 44AB for the year you opted out.
- 244ADA has no five-year lock: a professional may declare 50% one year and actual profit with books the next, but declaring less than 50% with income above the exemption requires books and an audit under 44AB(d).
- 344AE has no lock either; declaring less than the deemed amount needs books and audit.
- 4Turnover crossing the limit (₹2/3 crore, ₹50/75 lakh) ends eligibility for that year — the whole income is computed under normal provisions with books, and audit applies if the 44AB thresholds are crossed.
- 5The 5% cash test counts receipts, not payments, and includes cheques that are not account-payee; keep the bank statement evidence.
Filling ITR-4
- 1Part A: personal details, regime choice (Form 10-IEA is needed to opt out of the new regime because there is business income; the choice binds for future years until you switch back once), whether books are maintained (no), and the 44AD/44ADA/44AE history.
- 2Schedule BP: gross turnover split into digital and cash receipts, the deemed income at 6%/8%; for 44ADA the gross receipts and 50%; for 44AE the vehicle-wise table (registration, tonnage, months owned).
- 3Financial particulars: sundry debtors, sundry creditors, stock-in-trade and cash balance as on 31 March — mandatory even without books; GSTIN and GST turnover.
- 4Salary, house property, other sources and the 112A gains schedule as applicable; deductions under VI-A in the old regime.
- 5Tax paid: TDS/TCS from 26AS, advance tax — presumptive taxpayers pay the whole advance tax in one instalment by 15 March (interest under 234C only if that is missed), self-assessment tax if any.
- 6Submit, e-verify within 30 days; due date 31 August (no audit); a belated ITR-4 attracts the ₹5,000 fee and loses the old-regime option.
Presumptive or books — the comparison
| Factor | Presumptive (ITR-4) | Books (ITR-3) |
|---|---|---|
| Real margin | Best when the actual net margin exceeds 6–8% (business) or 50% (profession) | Best when margins are thin, or the year is a loss |
| Compliance | No books, no audit, one advance-tax date | Books, possibly audit, four advance-tax dates |
| Deductions | None beyond the deemed figure | Actual expenses, depreciation, interest, partners' remuneration |
| Losses | Cannot be declared | Set off and carried forward eight years |
| Lenders | Some banks ask for a computation and GST returns instead of financials | Full financials available |
| Flexibility | Five-year lock under 44AD | Switch to presumptive any year if eligible |
ITR-4 and presumptive tax: questions we are asked
Only if the work falls within a specified profession (technical consultancy, IT-notified professions qualify; pure design services are argued either way) — otherwise use 44AD as a business at 6%.
Yes — the limit is ₹3 crore when cash receipts are within 5%; declare 6% on the digital portion and 8% on the cash portion.
Yes — declaring a higher income is always allowed and is sensible when the bank wants a bigger profit for a loan.
Yes, 100% by 15 March in one instalment; interest under 234B/C applies if it is not paid.
No — agency and commission income are excluded, and LLPs cannot use 44AD or 44ADA.
Yes — eligibility and cash-test check, presumptive-versus-books comparison, Form 10-IEA, advance tax and ITR-4/ITR-3 filing.