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Which ITR Should I File?
Types of ITR Forms for
FY 2022-23, AY 2023-24
- New ITR Forms
ITR stands for Income Tax Return. The Income Tax Act,
1961 releases all the ITR forms and specifies the procedures
to be followed. This article gives an in-depth understanding
of the ITR definition and types of ITR forms.
What is ITR?
Income Tax Return (ITR) is a form in which the taxpayers
file information about their income earned and tax
applicable, to the income tax department.
The department has notified 7 various forms i.e. ITR-1, ITR-2, ITR-
3, ITR-4, ITR-5, ITR-6 & ITR-7 to date.
Every taxpayer should file his ITR on or before the specified due
date. The applicability of ITR forms varies depending on the
sources of income of the taxpayer, the amount of the income earned
and the category of the taxpayer like individuals, HUF, company,
etc.
Why should you file ITR?
MANDATORY FILING :
It is mandatory to file income tax returns (ITR) in India if
any of the conditions mentioned below are applicable to you:
1. If your gross annual income is more than the basic
exemption limit as specified below-
CONT….
Particulars Amount
For individuals below 60
years
Rs 2.5 lakh
For individuals above 60
years but below 80 years
Rs 3.0 lakh
For individuals above 80
years
Rs 5.0 lakh
CONT….
2. If you want to claim an income tax refund from the
department.
3. If you have earned from or have invested in foreign assets
during the FY.
4. If you wish to apply for a visa or a loan
5. If the taxpayer is a company or a firm, irrespective of
profit or loss.
CONT….
6. If you have 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.
Also, you are mandatorily required to file ITR even if your
income is below the basic exemption limit but you meet one
of these conditions: -
CONT….
 Deposited more than Rs. 1 crore in 'current' bank
account:
You have to mandatorily file a tax return if you have deposited a
total of Rs. 1 crore or more in one or more current accounts with a
bank. However, no such requirement has been specified for deposits
made in with post office current accounts; or
CON….
 Deposited more than Rs. 50 lakh in 'savings' bank
account:
You have to mandatorily file a tax return if you have
deposited a total amount of Rs. 50 lakh or more in one or
more of your savings bank account.
CONT….
 Spent more than Rs. 2 lakh on foreign travel:
You have to mandatorily file a tax return if you have
incurred a total expenditure of more than Rs. 2 lakh on
foreign travel whether for yourself or any other person; or
(who spent money is important)
CONT….
 Electricity expenditure is more than Rs. 1 lakh:
You have to mandatorily file a tax return if you
have incurred more than Rs.1 lakh towards
electricity consumption during the previous year;
or
CONT….
 TDS or TCS is more than Rs. 25,000:
If the tax deducted at source (TDS)/ tax collected at source
(TCS) exceeds Rs. 25,000 in the previous year. In the case of
a senior citizen (above 60 years), this limit is Rs. 50,000.
CON….
 Business turnover is more than Rs. 60 lakh:
In case you are a businessman and your total sales,
turnover, or gross receipt is more than Rs. 60 lakh during
the previous year, then you have to mandatorily file a tax
return
CONT….
 Professional income is more than Rs. 10 lakh:
You have to mandatorily file a tax return if you are engaged in
a profession and your gross receipts are more than Rs. 10 lakh
during the previous year.
CONT….
Which ITR to file?
The following Details will help you find out which type of INCOME
TAX return is applicable to you for FY 2022-23.
CONT….
ITR-1 OR SAHAJ.
This Return Form is for a resident individual whose total income for the AY
2023-24 includes:
 Income from Salary/ Pension; or
 Income from One House Property (excluding cases where loss is
brought forward from previous years); or
CONT….
 Income from Other Sources (excluding Winning from
Lottery and Income from Race Horses)
 Agricultural income up to Rs 5000.
CON….
Who cannot use ITR-1 Form?
• Total income exceeding Rs 50 lakh
• Agricultural income exceeding Rs 5000
• If you have taxable capital gains
• If you have income from business or profession
CONT….
• Having income from more than one house property
• If you are a Director in a company
• If you have had investments in unlisted equity shares at
any time during the financial year
CONT….
• Owning assets (including financial interest in any entity)
outside India, including signing authority in any account
located outside India
• If you are a resident not ordinarily resident (RNOR) and
non-resident
• Having any foreign income
CONT….
• If you are assessable in respect of income of another person in respect
of which tax is deducted in the hands of the other person.
• If tax has been deducted under Section 194N(cash withdrawl exceeds
20Lacs with NO ITR in last 3 years or 1 Crore if ITR files in any of
previous 3 years)
• If in case payment or deduction of tax has been deferred on
ESOP(Employee Stock Option Plan)
• If you have any brought forward loss or loss needs to be carried
forward under any income head
ITR-2
ITR-2 is for the use of an individual or a Hindu Undivided Family (HUF)
whose total income for the AY 2023-24 includes:
o Income from Salary/Pension
o Income from House Property
CONT….
o Income from Other Sources (including Winnings from Lottery and
Income from Race Horses)
o If you are an Individual Director in a company
o If you have had investments in unlisted equity shares at any time during
the financial year
CONT….
o Being a Resident but Not Ordinarily Resident (RNOR) and Non-
Resident
o Income from Capital Gains
o Having any foreign income
CONT….
o Agricultural income more than Rs 5,000
o Owning assets (including financial interest in any entity) outside
India, including signing authority in any account located outside
India
o If tax has been deducted under Section 194N
o If in case payment or deduction of tax has been deferred on ESOP
CON….
o If you have any brought forward loss or loss needs to be carried
forward under any income head
Further, in a case where the income of another person like one’s spouse,
child etc. is to be clubbed with the income of the assessee, this Return
Form can be used where such income falls in any of the above categories.
The total income can be more than Rs 50 Lakhs.
CONT….
Who cannot use this Return Form
This Return Form should not be used by an individual whose
total income for the AY 2023-24 includes Income from Business or
Profession. For declaring these types of Income, you may have to
use ITR-3 or ITR-4.
ITR-3
The current ITR-3 Form is to be used by an individual or a Hindu
Undivided Family who have income from a proprietary business or
is carrying on a profession. The persons having income from the
following sources are eligible to file ITR-3:-
 Carrying on a business or profession
 If you are an Individual Director in a company
 If you have had investments in unlisted equity shares at any time
during the financial year
 The return may include income from House property,
Salary/Pension and Income from other sources
 Income of a person as a partner in the firm
In short, individuals or HUFs who are not eligible to
file ITR-1, ITR-2, and ITR-4, should file ITR-3
ITR 4 or Sugam
The current ITR-4 applies to individuals and HUFs, Partnership
firms (other than LLPs), which are residents and whose total
income includes:-
 Business income according to the presumptive income scheme
under section 44AD or 44AE
 Professional income according to presumptive income scheme
under section 44ADA
 Income from salary or pension up to Rs 50 lakh
 Income from one house property, not more than Rs 50 lakh
(excluding the amount of brought forward loss or loss to be
carried forward)
 Income from other sources having income not more than Rs 50
Lakh (excluding income from lottery and race-horses )
CONT….
Please note that any individual earning income from the above-
mentioned sources as a freelancer can also opt for a presumptive
scheme if their gross receipts are not more than Rs 50 lakhs.
A presumptive income scheme under sections 44AD, 44AE and 44ADA
is when an individual or an entity opts to derive its income on a
presumptive basis, i.e. when the income is presumed at a minimum rate
based on a percentage of gross receipts / gross turnover or based on
ownership of commercial vehicles. However, if the business turnover
exceeds Rs 2 crore, the taxpayer will have to file ITR-3.
Who cannot use ITR-4 Form?
If your total income exceeds Rs 50 lakh
Having income from more than one house property
Owning any foreign asset
If you have signing authority in any account located outside India
CONT….
Having income from any source outside India
If you are a Director in a company
If you have had investments in unlisted equity shares at any time
during the financial year
Being a resident not ordinarily resident (RNOR) and non-resident
Having foreign income
If you are assessable in respect of the income of another person in
respect of which tax is deducted in the hands of the other person.
If in case payment or deduction of tax has been deferred on ESOP
If you have any brought forward loss or loss needs to be carried
forward under any income head
ITR-5
ITR-5 is for firms, LLPs (Limited Liability Partnership), AOPs
(Association of Persons), BOIs (Body of Individuals), Artificial
Juridical Person (AJP), Estate of deceased, Estate of insolvent, Business
trust and investment fund.
ITR-6
For Companies other than companies claiming exemption under
section 11 (Income from property held for charitable or religious
purposes by TRUST), this return has to be filed electronically only.
ITR-7
For persons including companies required to furnish returns under section
139(4A) or section 139(4B) or section 139(4C) or section 139(4D) or section
139(4E) or section 139(4F).
Return under section 139(4A) is required to be filed by every person in
receipt of income derived from property held under trust or other legal
obligation wholly for charitable or religious purposes or in part only for such
purposes.
CONT….
Return under section 139(4C) is required to be filed by every –
• Scientific research association;
• News agency;
• Association or institution referred to in section 10(23A);
• Institution referred to in section 10(23B);
CONTD….
• Fund or institution or university or other Educational institution or any
hospital or other medical institution.
• Return under section 139(4D) is required to be filed by every university,
college or other institution, which is not required to furnish a return of
income or loss under any other provision of this section.
CON….
• Return under section 139(4E) must be filed by every business trust
which is not required to furnish a return of income or loss under any
other provisions of this section.
• Return under section 139(4F) must be filed by any investment fund
referred to in section 115UB. It is not required to furnish a return of
income or loss under any other provisions of this section.
THANK
YOU

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1 Types of ITR forms to be filed for FY 22-23.pptx

  • 1. Which ITR Should I File? Types of ITR Forms for FY 2022-23, AY 2023-24 - New ITR Forms
  • 2. ITR stands for Income Tax Return. The Income Tax Act, 1961 releases all the ITR forms and specifies the procedures to be followed. This article gives an in-depth understanding of the ITR definition and types of ITR forms.
  • 4. Income Tax Return (ITR) is a form in which the taxpayers file information about their income earned and tax applicable, to the income tax department. The department has notified 7 various forms i.e. ITR-1, ITR-2, ITR- 3, ITR-4, ITR-5, ITR-6 & ITR-7 to date. Every taxpayer should file his ITR on or before the specified due date. The applicability of ITR forms varies depending on the sources of income of the taxpayer, the amount of the income earned and the category of the taxpayer like individuals, HUF, company, etc.
  • 5. Why should you file ITR? MANDATORY FILING : It is mandatory to file income tax returns (ITR) in India if any of the conditions mentioned below are applicable to you: 1. If your gross annual income is more than the basic exemption limit as specified below- CONT….
  • 6. Particulars Amount For individuals below 60 years Rs 2.5 lakh For individuals above 60 years but below 80 years Rs 3.0 lakh For individuals above 80 years Rs 5.0 lakh CONT….
  • 7. 2. If you want to claim an income tax refund from the department. 3. If you have earned from or have invested in foreign assets during the FY. 4. If you wish to apply for a visa or a loan 5. If the taxpayer is a company or a firm, irrespective of profit or loss. CONT….
  • 8. 6. If you have 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. Also, you are mandatorily required to file ITR even if your income is below the basic exemption limit but you meet one of these conditions: - CONT….
  • 9.  Deposited more than Rs. 1 crore in 'current' bank account: You have to mandatorily file a tax return if you have deposited a total of Rs. 1 crore or more in one or more current accounts with a bank. However, no such requirement has been specified for deposits made in with post office current accounts; or CON….
  • 10.  Deposited more than Rs. 50 lakh in 'savings' bank account: You have to mandatorily file a tax return if you have deposited a total amount of Rs. 50 lakh or more in one or more of your savings bank account. CONT….
  • 11.  Spent more than Rs. 2 lakh on foreign travel: You have to mandatorily file a tax return if you have incurred a total expenditure of more than Rs. 2 lakh on foreign travel whether for yourself or any other person; or (who spent money is important) CONT….
  • 12.  Electricity expenditure is more than Rs. 1 lakh: You have to mandatorily file a tax return if you have incurred more than Rs.1 lakh towards electricity consumption during the previous year; or CONT….
  • 13.  TDS or TCS is more than Rs. 25,000: If the tax deducted at source (TDS)/ tax collected at source (TCS) exceeds Rs. 25,000 in the previous year. In the case of a senior citizen (above 60 years), this limit is Rs. 50,000. CON….
  • 14.  Business turnover is more than Rs. 60 lakh: In case you are a businessman and your total sales, turnover, or gross receipt is more than Rs. 60 lakh during the previous year, then you have to mandatorily file a tax return CONT….
  • 15.  Professional income is more than Rs. 10 lakh: You have to mandatorily file a tax return if you are engaged in a profession and your gross receipts are more than Rs. 10 lakh during the previous year. CONT….
  • 16. Which ITR to file? The following Details will help you find out which type of INCOME TAX return is applicable to you for FY 2022-23. CONT….
  • 17. ITR-1 OR SAHAJ. This Return Form is for a resident individual whose total income for the AY 2023-24 includes:  Income from Salary/ Pension; or  Income from One House Property (excluding cases where loss is brought forward from previous years); or CONT….
  • 18.  Income from Other Sources (excluding Winning from Lottery and Income from Race Horses)  Agricultural income up to Rs 5000. CON….
  • 19. Who cannot use ITR-1 Form? • Total income exceeding Rs 50 lakh • Agricultural income exceeding Rs 5000 • If you have taxable capital gains • If you have income from business or profession CONT….
  • 20. • Having income from more than one house property • If you are a Director in a company • If you have had investments in unlisted equity shares at any time during the financial year CONT….
  • 21. • Owning assets (including financial interest in any entity) outside India, including signing authority in any account located outside India • If you are a resident not ordinarily resident (RNOR) and non-resident • Having any foreign income CONT….
  • 22. • If you are assessable in respect of income of another person in respect of which tax is deducted in the hands of the other person. • If tax has been deducted under Section 194N(cash withdrawl exceeds 20Lacs with NO ITR in last 3 years or 1 Crore if ITR files in any of previous 3 years) • If in case payment or deduction of tax has been deferred on ESOP(Employee Stock Option Plan) • If you have any brought forward loss or loss needs to be carried forward under any income head
  • 23. ITR-2 ITR-2 is for the use of an individual or a Hindu Undivided Family (HUF) whose total income for the AY 2023-24 includes: o Income from Salary/Pension o Income from House Property CONT….
  • 24. o Income from Other Sources (including Winnings from Lottery and Income from Race Horses) o If you are an Individual Director in a company o If you have had investments in unlisted equity shares at any time during the financial year CONT….
  • 25. o Being a Resident but Not Ordinarily Resident (RNOR) and Non- Resident o Income from Capital Gains o Having any foreign income CONT….
  • 26. o Agricultural income more than Rs 5,000 o Owning assets (including financial interest in any entity) outside India, including signing authority in any account located outside India o If tax has been deducted under Section 194N o If in case payment or deduction of tax has been deferred on ESOP CON….
  • 27. o If you have any brought forward loss or loss needs to be carried forward under any income head Further, in a case where the income of another person like one’s spouse, child etc. is to be clubbed with the income of the assessee, this Return Form can be used where such income falls in any of the above categories. The total income can be more than Rs 50 Lakhs. CONT….
  • 28. Who cannot use this Return Form This Return Form should not be used by an individual whose total income for the AY 2023-24 includes Income from Business or Profession. For declaring these types of Income, you may have to use ITR-3 or ITR-4.
  • 29. ITR-3 The current ITR-3 Form is to be used by an individual or a Hindu Undivided Family who have income from a proprietary business or is carrying on a profession. The persons having income from the following sources are eligible to file ITR-3:-
  • 30.  Carrying on a business or profession  If you are an Individual Director in a company  If you have had investments in unlisted equity shares at any time during the financial year  The return may include income from House property, Salary/Pension and Income from other sources  Income of a person as a partner in the firm
  • 31. In short, individuals or HUFs who are not eligible to file ITR-1, ITR-2, and ITR-4, should file ITR-3
  • 32. ITR 4 or Sugam The current ITR-4 applies to individuals and HUFs, Partnership firms (other than LLPs), which are residents and whose total income includes:-  Business income according to the presumptive income scheme under section 44AD or 44AE  Professional income according to presumptive income scheme under section 44ADA  Income from salary or pension up to Rs 50 lakh
  • 33.  Income from one house property, not more than Rs 50 lakh (excluding the amount of brought forward loss or loss to be carried forward)  Income from other sources having income not more than Rs 50 Lakh (excluding income from lottery and race-horses ) CONT….
  • 34. Please note that any individual earning income from the above- mentioned sources as a freelancer can also opt for a presumptive scheme if their gross receipts are not more than Rs 50 lakhs. A presumptive income scheme under sections 44AD, 44AE and 44ADA is when an individual or an entity opts to derive its income on a presumptive basis, i.e. when the income is presumed at a minimum rate based on a percentage of gross receipts / gross turnover or based on ownership of commercial vehicles. However, if the business turnover exceeds Rs 2 crore, the taxpayer will have to file ITR-3.
  • 35. Who cannot use ITR-4 Form? If your total income exceeds Rs 50 lakh Having income from more than one house property Owning any foreign asset If you have signing authority in any account located outside India CONT….
  • 36. Having income from any source outside India If you are a Director in a company If you have had investments in unlisted equity shares at any time during the financial year Being a resident not ordinarily resident (RNOR) and non-resident Having foreign income
  • 37. If you are assessable in respect of the income of another person in respect of which tax is deducted in the hands of the other person. If in case payment or deduction of tax has been deferred on ESOP If you have any brought forward loss or loss needs to be carried forward under any income head
  • 38. ITR-5 ITR-5 is for firms, LLPs (Limited Liability Partnership), AOPs (Association of Persons), BOIs (Body of Individuals), Artificial Juridical Person (AJP), Estate of deceased, Estate of insolvent, Business trust and investment fund.
  • 39. ITR-6 For Companies other than companies claiming exemption under section 11 (Income from property held for charitable or religious purposes by TRUST), this return has to be filed electronically only.
  • 40. ITR-7 For persons including companies required to furnish returns under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D) or section 139(4E) or section 139(4F). Return under section 139(4A) is required to be filed by every person in receipt of income derived from property held under trust or other legal obligation wholly for charitable or religious purposes or in part only for such purposes. CONT….
  • 41. Return under section 139(4C) is required to be filed by every – • Scientific research association; • News agency; • Association or institution referred to in section 10(23A); • Institution referred to in section 10(23B); CONTD….
  • 42. • Fund or institution or university or other Educational institution or any hospital or other medical institution. • Return under section 139(4D) is required to be filed by every university, college or other institution, which is not required to furnish a return of income or loss under any other provision of this section. CON….
  • 43. • Return under section 139(4E) must be filed by every business trust which is not required to furnish a return of income or loss under any other provisions of this section. • Return under section 139(4F) must be filed by any investment fund referred to in section 115UB. It is not required to furnish a return of income or loss under any other provisions of this section.