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Which Income Tax Return Form You Should File

Which Income Tax Return Form You Should File

 

Form Who is eligible to use this Return Form  Who is not eligible to use this Return Form 
ITR-1 SAHAJ This Return Form is to be used by an individual who is a resident other than not ordinarily resident,  whose total income for the Assessment Year 2020-21 does not exceed Rs. 50 lakh and who has income under the following heads:-   
(a)   Income from Salary/ Pension; or  

(b)  Income from One House Property; or  

(c)  Interest income and/ or family pension taxable under Other Sources. 

NOTE: 

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

A. This Return Form should not be used by an individual who – 

  

(a) is a Director in a company;

 (b) has held any unlisted equity shares at any time during the previous year;

 (c) has any asset (including financial interest in any entity) located outside India; 

 (d) has signing authority in any account located outside India; or 

(e) has income from any source outside India.  
B. This return form also cannot be used by an individual who has any income of the following nature during the previous year:-  

(a) Profits and gains from business and professions;  

(b) Capital gains; 

(c) Income from more than one house property;

(d) Income under the head other sources which are of following nature:-  

(i) winnings from lottery;

 (ii) the activity of owning and maintaining race horses; 

(iii) income taxable at special rates under section 115BBDA or section 115BBE;   

(e) Income to be apportioned in accordance with provisions of section 5A; or  

(f)  Agricultural income in excess of ₹5,000.  

C. Further, this return form also cannot be used by an individual who has any claims of loss/deductions/relief/tax credit, etc. of the following nature:-  

(a) any brought forward loss or loss to be carried forward under the head ‘Income from house property’;  

(b) loss under the head ‘Income from other sources’;  

(c) any claim of relief under section 90 and/or section 91; 

(d) any claim of deduction under section 57, other than a deduction under clause (iia) thereof (relating to family pension); or 

(e) any claim of credit of tax deducted at source in the hands of any other person.  

 

FORM ITR-2  This Return Form is to be used by an individual or a Hindu Undivided Family (HUF) who is not eligible to file Form ITR-1 (Sahaj) and who is not having any income under the head “Profits or gains of business or profession”.  This Return Form should not be used by an individual whose total income for the Assessment Year 2020-21includes Income under the head “Profits or Gains of Business or Profession”. 
FORM ITR-3  This Return Form is to be used by an individual or a Hindu Undivided Family who is having income under the head “profits or gains of business or profession” and who is not eligible to file Form ITR-1 (Sahaj), ITR-2, or ITR-4 (Sugam).  
FORM  ITR-4 SUGAM  This Return Form is to be used by an individual or HUF, who is resident other than not ordinarily resident, or a Firm (other than LLP) which is a resident, whose total income for the assessment year  2020-21  does not exceed Rs.50 lakh and who has income under the following heads:- 

  

(a)   Income from a business where such income is computed on presumptive basis under Section 44AD (i.e. Gross Turnover up to Rs. 2 crores) or Section 44AE (income from goods carriage up to ten vehicles); or

 (b)   Income from Profession where such income is computed on presumptive basis under Section 44ADA (i.e. Gross receipt up to Rs. 50 lakh); or 

 (c)   Income from Salary/ Pension; or

 (d)   Income from One House Property; or 

 (e)  Interest income and/or income from family pension taxable under Other Sources.    
Note 1:  The income computed on a presumptive basis under sections 44AD or 44AE or 44ADA shall be presumed to have been computed after giving full effect to every loss, allowance, depreciation, or deduction under the Income-tax Act. However, person having loss after giving effect to the proviso to sub-section 3 of Section 44AE shall file ITR5 
Note 2:  Further, in a case where the income of another person like spouse, minor child, etc. is to be clubbed with the income of the assessee, this Return Form can be used only if the income being clubbed falls into the above income categories. 

A. This Return Form should not be used by a person who – 

  

(a) is a Director in a company; 

(b) has held any unlisted equity shares at any time during the previous year; 

(c) has any asset (including financial interest in any entity) located outside India;  

(d) has signing authority in any account located outside India; or 

(e) has income from any source outside India.   

B. This return form also cannot be used by a person who has any income of the following nature during the previous year:-  
(a) Profits and gains from business and professions which is not required to be computed u/s 44AD, 44ADA or 44AE, such as income from speculative business, agency business, commission or brokerage income, etc.;  

(b) Capital gains; 

(c) Income from more than one house property; 

(d) Income under the head other sources which are of following nature:-  
(i) winnings from lottery;

(ii) the activity of owning and maintaining race horses;

(iii) income taxable at special rates under section 115BBDA or section 115BBE;    

 (e) Income to be apportioned in accordance with provisions of section 5A; or  

(f)  Agricultural income in excess of ₹5,000.  

C. Further, this return form also cannot be used by a person who has any claims of loss/deductions/relief/tax credit, etc. of the following nature:-  

(a) any brought forward loss or loss to be carried forward under any head of income;  

(b) loss under the head ‘Income from other sources’;  

(c) any claim of relief under section 90, 90A, or section 91; 

(d) any claim of deduction under section 57, other than a deduction under clause (iia) thereof (relating to family pension); or 

(e) any claim of credit of tax deducted at source in the hands of any other person.  

FORM ITR-5  This Form can be used by a person being a 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), the local authority referred to in clause (vi) of section 2(31), representative assessee referred to in section 160(1)(iii) or (iv), cooperative society, a 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, the estate of a deceased person, the estate of an insolvent, business trust referred to in section 139(4E) and 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.   
FORM ITR-6  This Return Form can be used by a company as per section 2(17) of the Income Tax Act, This form is filed by a company other than a company which is required to file a return in Form ITR-7. 

As per section 2(17) of the Income Tax Act, the company means: – 

(i) Indian Company (Domestic Company) 

(ii) Body corporate incorporated by or under the laws of a country outside India 

(iii) Any institution, association or body, whether incorporated or not & whether Indian or Non-Indian which is declared by general or special order of the board to be a company, etc.

Form ITR-7  This return form 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).  

The category of persons whose income is unconditionally exempt under various clauses of section 10, and who is not mandatorily required to furnish their return of income under the provisions of section 139, may use this form for filing return. 

 

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