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TAX SAVING ADVICE

An Income Tax Return (ITR) is a form that taxpayers use to report their income details and tax payments to the income tax department. There are seven different ITR forms available for ITR e filing: ITR 1 through ITR 7. The appropriate form for a taxpayer depends on various factors, including their sources of income, the total amount earned, and the type of taxpayer they are (such as individuals, Hindu Undivided Families (HUFs), companies, etc.). Each taxpayer must accurately complete and submit their income tax filing by a specified deadline to comply with tax laws.

Filing income tax returns is a legal obligation for all individuals and businesses in India. Failure to file returns can result in penalties and fines. Filing income tax returns is a way to demonstrate compliance with the tax laws of the country. It helps to prevent tax evasion and ensures that citizens are contributing their fair share to the development of the country. Income tax return filing is not only a legal duty but also a financial responsibility that applies to various groups under different circumstances.

Here's a detailed look at who is required for income tax e filing:

Why Should You File ITR?

  • If you want to claim an income tax refund from the department.
  • If you have earned from or have invested in foreign assets during the FY.
  • If you wish to apply for a visa or a loan.
  • If the taxpayer is a company or a firm, irrespective of profit or loss.
  • If you have a loss from business/profession or under capital gains head, you will not be allowed to carry them forward to the next years unless you file the return before the due date.

TDS REFUND

TDS stands for Tax Deducted at Source, a method where income tax is automatically deducted from an individual's payments during certain transactions, such as salary, rent, interest, professional fees, and commissions. Typically, the recipient is obligated to pay the income tax. However, the TDS mechanism allows the tax to be collected upfront from the payments made, ensuring timely tax collection by the government.

The amount received after the TDS deduction is the recipient's net income, and they must then report the gross amount (before the TDS deduction) in their tax return.

Apart from depositing the tax, the deductor must file TDS returns. A TDS return is a quarterly report consolidating all transactions involving Tax Deducted at Source within a given quarter. TDS return filing must be completed quarterly to ensure compliance with tax regulations and avoid potential penalties. Once the TDS returns are submitted, the details will appear on Form 26 AS. While filing the TDS returns, the various details to be mentioned are:

  • The Permanent Account Number (PAN) of the person making the deduction and the payment recipient.
  • Specifics regarding the TDS payments made.
  • Details pertaining to the deposit challans.
  • This information is also mirrored in Form 26AS for the payment recipient.
  • Filing a TDS return is a compulsory procedure for those who are within the specified income tax brackets.
  • Those required to file can do so through the official e-filing portal of the Income Tax Department.

TDS return can be best described as the quarterly statement or summary of all TDS-related transactions made during the specific quarter. Typically, it comprises details of the TDS collected and deposited to the Income Tax Authority by the deductor. The essential details disclosed in a TDS return statement include the following –

  • Deductor and deductee’s PAN.
  • Particulars of TDS paid.
  • Challan details.

Notably, all details included in the online TDS return form are also disclosed in the payee’s Form 26AS. It is mandatory for all individuals who come under the purview of tax slabs prescribed by the IT department.

Similarly, the penalty has to be paid in case one furnishes incorrect information. Notably, Section 234 states that if a taxpayer fails to file TDS return within the due date, he/she must pay a penalty of Rs.200 each day until filed. Regardless, the total liability must not exceed the TDS amount at any given point in time.

INCOME TAX AUDIT

A tax audit is done by a certified Chartered Accountant who verifies the books of accounts maintained by the taxpayer and issues a tax audit report in the prescribed format. The tax audit report contains various details such as gross receipts, expenses, depreciation, tax liability, etc. Is a tax audit required.

The tax auditor shall furnish a tax audit report online by using his login details in the capacity of ‘Chartered Accountant’. Taxpayers shall also add CA details in their login portal.

Once the tax auditor uploads the audit report, the same should either be accepted/rejected by the taxpayer in their login portal. If rejected for any reason, all the procedures need to be followed again till the audit report is accepted by the taxpayer.

Last date for filing of income tax audit report is 31st October of the subsequent year in case the taxpayer has entered into an international transaction and 30th September of the subsequent year for other taxpayers. The subsequent year itself is the assessment year.

You must file the tax audit report on or before the due date of filing the return of income. It is 31st October of the subsequent year in case the taxpayer has entered into an international transaction and 30th September of the subsequent year for other taxpayers. The subsequent year itself is the assessment year.

Form No. 3CA/3CB is a format of audit report, whereas Form 3CD is a Statement of particulars required to be furnished under Section 44AB of the Income-tax Act. If the assessee is required to get his books of accounts audited under any other law, it is sufficient for him to get his accounts audited under that law and furnish a report of such audit and a report in form 3CA and 3CD by a Chartered Accountant by the prescribed due date.

ITR-1

Also 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 undersection 115BBDAor income reffered in section 115BBDA or income referred in section 115BBE).

Who can use ITR-1

Return Form ITR - 1 (SAHAJ) can be used by an individual whose total income includes:

  • Income from salary/pension.
  • Income from one house property (excluding cases where loss is brought forward from previous years).
  • 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).

Documents Required for Filing ITR 1

ITR Sahaj Forms are attachment-less forms. This means that taxpayers are not required to attach any documents.

However, taxpayers should retain the following documents for their records and be prepared to produce them before tax authorities if requested, particularly in situations like assessments or inquiries.

  • Form 16: Provided by all your employers for the relevant financial year.
  • Form 26AS: Ensure that the TDS details in Form 16 match those in Part A of Form 26AS.
  • Receipts: Retain receipts for exemptions or deductions (e.g., HRA allowance or Section 80C/80D deductions) not submitted to your employer on time to claim them directly on your income tax return.
  • PAN Card: Your Permanent Account Number (PAN) card is essential for identification.
  • Bank Investment Certificates: Details of interest earned from bank accounts, such as bank passbooks or fixed deposit certificates.

ITR-2

Form 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 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..

TR 2 Form Eligibility

ITR-2 forms are used by individuals or Hindu Undivided Families whose total income for the assessment year includes:

  • Income from Salary/Pension; or
  • Income from House Property; or
  • Income from from short-term or long-term capital gains/ sale of investments/ property.
  • Income from Other Sources (including Winnings from Lottery and Income from Race Horses)
  • Foreign Assets
  • Individuals generating income of Rs.5000 and above from agricultural sources
  • Individual who is a director of the company or an individual invested in unlisted equity shares
  • The total income generated from above-mentioned sources may be Rs.50 lakh and above

If the Income Tax Returns are clubbed with a spouse, minor child etc, then their returns can only be filed together if the sources of income are similar to the ones mentioned above. Should there be a variation in earnings in even one category, the Assessee is liable to fill up a separate and relevant Income Tax Returns Form.

Documents Required to file ITR 2

  • A copy of last year's tax return
  • Bank Statement
  • TDS certificates
  • Savings certificates/Deductions
  • Interest statement showing interest paid to you throughout the year.
  • Balance Sheet, P&L Account Statement and other Audit Reports wherever applicable.
  • In case you earn from salary, you require Form 16 issued by your employer.
  • In case you have earned interest from savings account or fixed deposit, and TDS was deducted, you require a TDS certificate.
  • You will require Form 26AS for verification of TDS on your salary as well as other source of income
  • In case you are living in rented premises, you will require rent receipts for calculating HRA
  • In case you have capital gains in shares, you will need summary of profit or loss statement
  • To calculate interest income, you will require bank passbook, Fixed Deposit Receipts (FDR)
  • In case you have incurred loss and wish to claim it, then you will need relevant documents to support it.
  • In case you wish to save tax under Section 80C/ 80G/ 80D or 80GG, then you will need relevant documents to support it
  • In case you wish to claim any loss, you will require a copy of ITR-V
  • ITR-3

    What Is the ITR 3 Form?

    ITR 3 Form is a return form that individual taxpayers and members of Hindu Undivided Families can use to file income tax returns. To be eligible to file ITR with this form, you must have a proprietorship or a business as one of your income sources.

    ITR 3 has various tabs for you to report your source of income as salary, capital gains and house property. You can file tax returns with ITR Form 3 online by visiting the official portal of the Income Tax Department. You must verify your details in this form physically or electronically before the final submission.

    Who Is Eligible to File ITR 3 Form?

    Now that you have a brief idea of what ITR 3 means, let’s take you through the eligibility criteria that you must fulfil to file returns with it.

    • Individuals with proprietary business as their source of income
    • Individuals whose income source is a profession
    • Income by way of interest, salary, bonus, commission or remuneration received by him from a partnership firm.
    • If a person is earning from house property, pension or salary, their source of income falls under income from other sources. Such individuals can file returns with ITR 3.
    • Non-Resident Individual
    • Anybody with income-producing assets situated outside of India.

    In short, any individual earning income under the head “profits or gains from profession or business” who is not eligible to file ITR-1, ITR-2 or ITR-4, has to file Form ITR-3.

    Documents required for ITR 3 Form

    To file your income tax return (ITR) on Taxvisor for ITR-3, the following documents are needed.

    • PAN (Permanent Account Number)
    • Aadhaar Card
    • Bank account details (account number and IFSC code)
    • Form 16, if applicable (for salaried individuals)
    • Details of your investments
    • Books of accounts (if you have a business or professional income)
    • Having these documents ready will make the ITR filing process smoother and more efficient

    ITR-4

    Presumptive Taxation Scheme

    Small businessmen might not have sufficient resources to keep accurate accounting records and determine the profit or loss. Due to this, managing the income and taxes from such a business is challenging. Therefore, the Income Tax Department has established some simple regulations under which your income depends on your company's gross receipts. This is known as the presumptive method, in which tax payments are made on an estimated basis.

    The features of the presumptive taxation scheme are listed below:

    • The maintaining of books of accounts is not required under the presumptive taxation scheme.
    • Any business expenses cannot be deducted from this income.
    • By 15 March, the business owner must pay 100% of the advance tax. There is no requirement to adhere to the quarterly Advance Tax instalment due dates (i.e., in June, September, and December).
    • The estimated net income is 8% of the total cash receipts. However, the net income is estimated to be 6% of such gross receipts for payments made online.

    Form ITR – 4 (SUGAM) can be u​sed by an Individual/HUF/Firm (Other than LLP)​ whose total income for the year includes:

    • Business income computed as per the provisions of section 44AD or​44AE; or​
    • Income from Profession as computed as per the provisions of​44ADA; or
    • Income from salary/pension; or
    • Income from one house property (excluding cases where loss is brought forward from previous years); or
    • Income from other sources (excluding winnings from lottery and income from race horses dividend income in excess of Rs. 10 lakhs or unexplained Income, etc. as 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 where income to be clubbed falls in any of the above categories.

    ITR 5

    What is the ITR 5 Form?

    The ITR-5 form from the Income Tax Department is designed for filing income tax returns by entities such as firms, LLPs, Association of persons (AOPs), Body of Individuals (BOIs), Artificial Juridical Person (AJP), Estate of deceased, Estate of insolvent, Business trust, and investment fund.

    Who is Eligible to File the ITR-5 Form?

    This form can be used by the following persons

    • Firm
    • Limited Liability Partnership (LLP)
    • Association of Persons (AOP)
    • Body of Individuals (BOI)
    • Artificial Juridical Person (AJP) referred to in clause (vii) of Section 2(31)
    • Local Authority referred to in clause (vi) of Section 2(31)
    • Representative Assessee referred to in Section 160(1)(iii) or (iv)
    • Cooperative Society
    • Society registered under Societies Registration Act, 1860 or under any other law of any State
    • Trust other than Trusts eligible to file Form ITR-7
    • Estate of Deceased Person
    • Estate of an Insolvent
    • Business Trust referred to in Section 139(4E)
    • Investments Fund referred to in Section 139(4F)

    However, a person who is required to file the return of income under section 139(4A) or 139(4B) or 139(4D) shall not use this form. Not sure which ITR form you need to use? Read our guide for help.

    E-filing Audit Reports

    In case an assessee who is required to furnish a report of audit under sections 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 he shall file the report electronically on or before the date of filing the return of income.

    ITR-6

    What is the ITR-6 Form?

    Companies apart from companies that which are claiming for exemption under section 11 should refurbish their income tax return in the ITR-6 Form. Companies that can claim exemptions under Section 11 are the ones who hold their income from property for religious or charitable purposes.

    ITR 6 applies to all companies except those claiming an exemption under Section 11 of the Income Tax Act. Section 11 applies to income derived from property held under a trust or legal obligation for charitable or religious purposes. Therefore, companies with income used for charitable or religious purposes are not eligible to file ITR 6.

    Applicable Entities

    Companies registered under the Companies Act of 2013 or the Companies Act of 1956 are required to file the ITR 6 Form. This includes:

    • Private Limited Company
    • One Person Company
    • Public Limited Company

    When to File ITR-6 Form?

    • According to the Income-Tax Act, accounts must be audited by 31 October of the assessment year.
    • The deadline for submitting a report in Form No. 3CEB is 30 November of the assessment year.
    • Alternatively, if the accounts do not require an audit, the deadline is 31 July of the assessment year.

    Which companies claim an exemption under Section 11?

    Under Section 11, the following sorts of entities are eligible to claim exemption:

    • Religious Institutions: Temples, mosques, churches, gurudwaras, and other places of worship are involved in religious activities, the spread of a certain religion, and communal welfare.
    • Charitable Trusts: Trusts established for charity objectives, such as advancing any other item of wide public use, providing healthcare, advancing education, or helping the impoverished, etc.
    • Political Parties: Section 11 exempts political parties registered under the Representation of the People Act, 1951, from paying certain taxes on their income.
    • Societies: Non-profit organisations that participate in activities like education, healthcare, promotion of culture, sports, etc. and are registered under the Societies Registration Act.
    • Section 8 Companies: Companies formed in accordance with Section 8 of the Companies Act of 2013 (formerly Section 25 of the Companies Act of 1956), which are dedicated to advancing charity endeavours, social welfare, or any other non-profit goals.

    ITR-7

    The CBDT notifies 7 various ITR forms to file the ITR. The Income Tax Act of 1961 releases all the ITR forms and specifies the following procedures. Taxpayers need to accurately fill out the relevant ITR form and file it with the Income Tax Department within the specified due date. Filing an incorrect or incomplete ITR can lead to penalties and legal consequences. In this excerpt, we will talk about ITR-7, and how to file and download ITR-7. If you are confused with the relevant form to file ITR, leave it to Taxvisor. When you file ITR with Taxvisor, we select the right ITR form automatically for you.

    The following are the sections, as per which ITR-7 should be filed by an individuals and companies:

    • Income of religious and charitable trusts that comes under Section 139 (4A)
    • Income of Political Parties under Section 139 (4B)
    • Earning of Scientific research institutions as per Section 139 (4C)
    • Income of education institutions such as university, college, or other institutions that comes under Section 139 (4D)

    Eligibility Criteria for ITR-7

    • The following individuals and associations are eligible to file the ITR-7 form.
    • All individuals who obtain income from property if said property is in the name of a trust.
    • All individuals who receive income for the sole purpose of charity or a religious offering.
    • Any political party that earns a net income that is more than the ceiling limit that is exempt from income tax.
    • Associations that carry out scientific research.
    • News organisations and companies.
    • Organisations as mentioned in Section 10(23A) and Section 10(23B).
    • Educational institutions such as school, colleges or universities.
    • Medical institutions such as hospitals, clinics etc.

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