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Business Tax Return Filing


All businesses operating in India are required to file income tax return each year. In addition to filing income tax return, a business may also be required to file TDS return.





ITR stands for Income Tax Return​. It is a prescribed form through which the particulars of income earned by a person in a financial year and taxes paid on such income are communicated to the Income-tax Department. It also allows carry -forward of loss and claim refund from income tax department.​Different forms of returns of income are prescribed for filing of returns for different Status and Nature of income. These forms can be downloaded from www.incometaxindia.gov.in

What are the forms of return prescribed under the Income tax law?

Under the Income-tax Law, different forms of returns are prescribed for different classes of taxpayers. The return forms are known as ITR forms (Income Tax Return Forms). The forms of return prescribed under the Income-tax Law for filing of return of income for the assessment year 2017-18 (i.e., financial year 2016-17) are as follows:

Business Tax Return Filing

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Return FormBrief Description
ITR - 1Also known as SAHAJ is applicable to an individual having salary or pension income or income from one house property (not a case of brought forward loss) or income from other sources (not being lottery winnings and income from race horses, income taxable under section 115BBDA or income reffered in section 115BBDA).
ITR - 2It is applicable to an individual or an Hindu Undivided Family who is not eligible to file Sahaj ITR-1 and whose income chargeable to income-tax under the head “Profits or gains of business or profession” is in the nature of interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by him from a partnership firm.
ITR - 3It is applicable to an individual or a Hindu Undivided Family who is carrying on a proprietory business or profession.
ITR - 4Also known as SUGAM is applicable to individuals or Hindu Undivided Family or partnership firm (other than limited liability partnership firm) who have opted for the presumptive taxation scheme of section 44AD/ 44ADA/44AE.​
ITR - 5This Form can be used by a person being a firm, LLP, AOP, BOI, artificial juridical person referred to in section 2(31)(vii), co-operative society and local authority. However, a person who is required to file the return of income under section 139(4A) or 139(4B) or 139(4C) or 139(4D) or section 139(4E) orsection 139(4F) shall not use this form (i.e., trusts, political parties, institutions, colleges, investment fund etc.)
ITR - 6It is applicable to a company, other than a company claiming exemption under section 11 (exemption under section 11 can be claimed by charitable/religious trust).
ITR - 7It is applicable to a persons including companies who are required to furnish return under section 139(4A) or 139(4B) or 139(4C) or 139(4D) or section 139(4E) or section 139(4F) (i.e., trusts, political parties, institutions, colleges, investment fund, etc.).
ITR - VIt is the acknowledgement of filing the return of income.

FAQ

The Return Form can be filed with the Income-tax Department in any of the following ways, -
  1. by furnishing the return in a paper form;
  2. by furnishing the return electronically under digital signature;
  3. by transmitting the data in the return electronically under electronic verification code;
  4. by transmitting the data in the return electronically and thereafter submitting the verification of the return in Return Form ITR-V;
Note
Where the return of income is filed in the manner given at (iv) without digital signature, then the taxpayer should take two printed copies of Form ITR-V. One copy of ITR-V, duly signed by the taxpayer, is to be sent (within the period specified in this regard, i.e., 120 days) by ordinary post or speed post to "Income-tax Department - CPC, Post Bag No. 1, Electronic City Post Office, Bengalore-560100 (Karnataka). The other copy may be retained by the taxpayer for his record.

ITR return forms are attachment less forms and, hence, the taxpayer is not required to attach any document (like proof of investment, TDS certificates, etc.) along with the return of income (whether filed manually or filed electronically). However, these documents should be retained by the taxpayer and should be produced before the tax authorities when demanded in situations like assessment, inquiry, etc.

As discussed above, no documents are to be attached along with the return of income, however, in case of a taxpayer who is required to furnish a report of audit under section 10(23C)(iv), 10(23C)(v), 10(23C)(vi), 10(23C)via), 10A, 10AA, 12A(1)(b), 44AB, 44DA, 50B, 80-IA, 80-IB, 80-IC, 80-ID, 80JJAA, 80LA, 92E, 115JB or 115VW or to give a notice under section 11(2)(a) shall furnish it electronically on or before the date of filing the return of income.

​​​Return Form ITR - 1 (SAHAJ) can be used by an individual whose total income includes:
  1. Income from salary/pension; or
  2. Income from one house property (excluding cases where loss is brought forward from previous years); or
  3. Income from other sources (excluding winnings from lottery and income from race horses, income taxable under section 115BBDA or Income of the nature referred to in section 115BBE).

Further, in a case where the income of another person like spouse, minor child, etc., is to be clubbed with the income of the taxpayer, this return form can be used only when such income falls in any of the above categories.

Return Form ITR - 1 (SAHAJ) cannot be used by an individual:
  • Whose total income for the Assessment year 2018-19 exceeds Rs. 50 lakh;
  • Whose total income for the year includes income from more than one house property.
  • Whose total income for the year includes income from winnings from lottery or income from race horses or income taxable under section 115BBDA.
  • Whose total income for the year includes income chargeable to tax under the head "Capital Gains".
  • Whose total income for the year includes income of the nature refferred to in section 115BBE.
  • Whose total income for the year includes agricultural income of more than Rs. 5,000.
  • Whose total income for the year includes income from business or profession.
  • Whose total income for the year includes loss under the head "Income from other sources".
  • Who has claimed relief under section 90 and/or 91.
  • Any Resident having any assets (including financial interest in any entity) located outside India or signing authority in any account located outside India.
  • Any resident having income from any source outside India.

For A.Y 2018-19, ITR 2 can be used by an individual and Hindu Undivided Family who is not eligible to file ITR-1 Sahaj and not having income from “profit and gains of business or profession” and also not having income from “Profits and gains of business or profession” in the nature of interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by him from a partnership firm.

Further, in case where the income of another person like spouse, minor child, etc., is to be clubbed with the income of the taxpayer, this Return Form can be used if income to be clubbed falls in any of the above categories.

For A.Y 2018-19, Form ITR - 2 cannot be used by an individual and HUF whose total income for the year includes income from profit and gains from business or profession and also having income in the nature of interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by him from partnership firm

For A.Y 2018-19, Form ITR – 3 can be used by an individual or a Hindu Undivided Family who is having income from profits and gains of business or profession. However for the A.Y 2018-19, ITR-3 is also required to be filed by a person whose income is chargeable to tax under the head “Profits and gains ofbusiness or profession” is in the nature of interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by him from a partnership firm.

Form ITR – 3 cannot be used by any person other than an individual or a HUF. Further, an individual or a HUF not having income from business or profession cannot use ITR – 3.

Form ITR – 4 (SUGAM) can be used by an Individual/HUF/Firm (Other than LLP) whose total income for the year includes:
  1. Business income computed as per the provisions of section 44AD or 44AE; or;
  2. Income from Profession as computed as per the provisions of 44ADA; or
  3. Income from salary/pension; or
  4. Income from one house property (excluding cases where loss is brought forward from previous years); or
  5. Income from other sources (excluding winnings from lottery and income from race horses).

Further, in a case where the income of another person like spouse, minor child, etc., is to be clubbed with the income of the taxpayer, this return form can be used where income to be clubbed falls in any of the above categories.

Form ITR – 4 (SUGAM) cannot be used by an individual/HUF:
  • Whose total income for the year includes income from more than one house property.
  • Whose total income for the year includes income from winnings from lottery or income from race horses.
  • Whose total income for the year includes income chargeable to tax under the head “Capital Gains”.
  • Whose total Income for the year includes income taxable under section 115BBDA.
  • Whose total income for the year includes income of the nature referred to in section 115BBE.
  • Any resident having income from any source outside India.
  • Whose total income for the year includes agricultural income of more than Rs. 5,000.
  • Whose total income for the year includes income from speculative business and other special incomes.
  • Whose total income for the year includes income from agency business or income in the nature of commission or brokerage.
  • Who claims relief under section 90, 90A and/or section 91
  • Who is a resident and ordinarily resident and has any assets (including financial interest in any entity) located outside India or signing authority in any account located outside India.
  • In case of a taxpayer who is engaged in any business eligible for the presumptive taxation scheme of section 44AD or section 44AE or section 44ADA but he does not opt for the presumptive taxation scheme, then such a taxpayer has to maintain the books of account of the business as per the provisions of section 44AA and has to get these accounts audited. In such a case he cannot use ITR 4.

    Form ITR – 5 can be used by a person being a firm, LLP, AOP, BOI, artificial juridical person , cooperative society and local authority.

    Form ITR – 5 cannot be used by, a person who is required to file the return of income under section 139(4A) or 139(4B) or 139(4C) or 139(4D) or section 139(4E) or section 139(4F)(i.e., trusts, political party, institutions, colleges, investment fund, etc.).

    Form ITR – 6 can be used by a company, other than a company claiming exemption under section 11 (charitable/religious trust can claim exemption under section 11).

    Form ITR – 6 cannot be used by a company claiming exemption under section 11 (charitable/religious trust can claim exemption under section 11).

    Form ITR – 7 can be used by persons including companies who are required to furnish return under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D) orsection 139(4E) or section 139(4f) (i.e., trusts, political party, institutions, colleges, investment fund, etc.).

    Form ITR – 7 cannot be used by a person who is not required to furnish return under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D) or section 139(4E) orsection 139(4F) (i.e., trusts, political party, institutions, colleges, investment fund, etc.).

    -tax Department has established an independent portal for e-filing of return of income. The taxpayers can log on to www.incometaxindiaefiling.gov.in for e-filing the return of income.

    The Income-tax Department has provided free e-filing utility (i.e., software) to generate e-return and furnishing of return electronically. The e-filing utility provided by Department is simple, easy to use and also contains instructions on how to use it. By using the e-filing utility, the taxpayers can easily file their returns of income. Utility can be downloaded from www.incometaxindiaefiling.gov.in

    In case of queries on e-filing of return, the taxpayer can contact 1800 4250 0025.

    E-payment is the process of electronic payment of tax (i.e., by net banking or SBI’s debit/credit card) and e-filing is the process of electronically furnishing of return of income. Using the e-payment and e-filing facility, the taxpayer can discharge his obligations of payment of tax and furnishing of return easily and quickly.

    No, on the contrary by not filing your return inspite of having taxable income, you will be liable to the penalty and prosecution provisions under the Income-tax Act.

    Filing of return is your duty and earns for you the dignity of consciously contributing to the development of the nation. Apart from this, your income-tax returns validate your credit worthiness before financial institutions and make it possible for you to access many financial benefits such as bank credits, etc.

    E-filing can be done from any place at any time and it saves time and efforts. It is simple, easy and faster. The e-filed returns are generally processed faster as compared to returns filed manually.

    If you have sustained a loss in the financial year, which you propose to carry forward to the subsequent year for adjustment against subsequent year(s) positive income, you must make a claim of loss by filing your return before the due date.

    Sr. No.Status of the taxpayerDue date
    1Any company other than a company who is required to furnish a report in Form No. 3CEB under section 92E (i.e. other than covered in 2 below)September 30 of the assessment year
    2Any person (may be corporate/non-corporate) who is required to furnish a report in Form No. 3CEB under section 92ENovember 30 of the assessment year
    3Any person (other than a company) whose accounts are to be audited under the Income-tax Law or under any other lawSeptember 30 of the assessment year
    4A working partner of a firm whose accounts are required to be audited under this Act or under any other law.September 30 of the assessment year
    5Any other assessee (See Note)July 31 of the assessment year .
    Note : The due date for e-filing of tax-return had been extended to August 05 for the Assessment Year 2017-18 vide Order No. F. No. 225/270/2017/ITA.II

    Yes, if you have not furnished the return within the due date, you will have to pay interest on tax due. If the return is not filed up to the end of the assessment year, in addition to interest, a penalty of Rs. 5,000 shall be levied under section 271F. [No penalty section 271F would be levied w.e.f. Assessment Year 2018-19]

    Note: W.e.f. assessment year 2018-19, fee as per section 234F is required to be paid if return is furnished after due date. Fee for default in furnishing return of income will be as follows:

    1. i. Rs. 5000 if return is furnished on or before the 31st day of December of the assessment year;
    2. ii. Rs. 10,000 in any other case
      However, late filing fee shall not exceed Rs. 1000 if the total income of an assessee does not exceed Rs. 5 lakh.

    Return of income which has not been furnished on or before the due date specified under section 139(1) is called belated return. Belated return of income is furnished under section 139(4).

    Any person who has not furnished a return of income within the time period allowed under section 139(1) or within the time period allowed under a notice issued under section 142(1), may furnish return for any previous year at any time before the expiry of one year from the end of the relevant assessment year or before completion of the assessment, whichever is earlier. (Applicable till assessment year 2016-17)

    In assessment year 2017-18, any person who has not furnished a return of income within the time period allowed under section 139(1), may furnish return for any previous year at any time before the end of the relevant assessment year or before completion of the assessment, whichever is earlier. From A.Y 2018-19 and onwards a belated return attracts late filing fees under section 234F.

    As per section 234F, late filing fees of Rs.5,000 shall be payable if return furnished after due date specified under section 139(1) but before 31st December of the assessment year. In other cases, late filing fees of Rs. 10,000 is payable. However amount of late filing fees to be paid cannot exceed Rs.1,000, if the total income of the person does not exceed Rs.5 lakhs.