44ADA & ITR3, Income Tax

[Vikram Mundan]

A medical doctor (covered under 44AA(1) wishes to use 44ADA in ITR3.

ITR3 is required because there is short term & long term capital gain from mutual fund.

I am told that 44ADA overrides provisions only section 28 to section 43C & does not override 44AA (3) & rule 6F although 44AA(1) is mentioned in 44ADA.

Due to this reason I'm told, 44AA(3) & rule 6F are applicable in ITR3 & so 44AA has to be followed in ITR3 & 44ADA cannot be used in ITR3.

Question is, if a doctor can use 44ADA in ITR4, then why can he not use 44ADA in ITR3?

Posts / Replies

[Nandan Khambete]

ITR form framed by CBDT cannot decide benefits under Income Tax Act. You can claim 44ADA in ITR 3.