Professional Documents
Culture Documents
UNIVERSITY OF PUNE
PROJECT REOPRT
ON
CONCEPT OF TAXATION
DIRECT TAX
BY
MR. PUSHKARAJ DILIP SHINDE.
MCOM (PART II) (SEM III) (ROLL NO. 7914)
ACADEMIC YEAR 2021-2022.
PROJECT GUIDE
PROF. ASMITA MADAM
KHADKI EDUCATION SOCIETY’S
TIKARAM JAGANNATH ARTS, COMMERCE & SCIENCE COLLEGE
491, ELPHINSTONE ROAD, PUNE, MAHARASHTRA - 411003
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Skill Development Programme Roll No – 7914
Index:
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Declaration
I, Mr. Pushkaraj Dilip Shinde of Tikaram Jagannath Art, Commerce & Science
College MCOM (Sem- III) (Roll No- 7914) hereby declare that I have completed
this project on Concept of Taxation – Direct Tax in academic year 2021-22. The
information submitted is true & original in the best of my knowledge.
(Signature of Student)
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Acknowledgment
To list who all helped me is difficult because they are so numerous and the depth is
so enormous.
I would like to acknowledge the following as being idealistic channels and fresh
dimensions in the completion of this project.
I would firstly thank the University of Pune for giving me chance to do this project.
I would like to thank my principal, for providing the necessary facilities required
for completion of this project.
I even will like to thank our coordinator, for the moral support that we received.
I would like to thank our college library, for providing various books and
magazines.
Finally, I proudly thank my parents & friends for their support throughout the
project.
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Concept of Tax
Direct Tax
Answer:-
Direct taxes are one type of taxes an individual pays that are paid straight or
directly to the government, such as income tax, poll tax, land tax, and personal
property tax. Such direct taxes are computed based on the ability of the
taxpayer to pay, which means that the higher their capability of paying is, the
higher their taxes are.
For example, in the case of income taxation, an individual who earns more pays
higher taxes. It is computed as a percentage of the total income. Additionally,
direct taxes are the responsibility of the individual and should be fulfilled by no
one else but him.
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1. Income tax
2. Transfer taxes
- The most common form of transfer taxes is the estate tax. Such a tax
is levied on the taxable portion of the property of a deceased
individual, including trusts and financial accounts. A gift tax is also
another form wherein a certain amount is collected from people who
are transferring properties to another individual.
3. Entitlement tax
- This type of direct tax is the reason why people enjoy social programs
like Medicare, Medicaid, and Social Security. The entitlement tax is
collected through payroll deductions and is collectively grouped as
the Federal Insurance Contributions Act.
4. Property tax
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- This tax is charged when an individual sells assets such as stocks, real
estate, or a business. The tax is computed by determining the
difference between the acquisition amount and the selling amount.
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Though it is strictly implemented on every individual who does not qualify for an
exemption, there are actually numerous advantages of paying taxes directly.
They include:
1. Promotes equality
2. Promotes certainty
- The good thing about direct taxes is that they are determined and
made final before they are even paid. In the case of income tax, the
annual tax is the same every year as long as the salary does not
change.
3. Promotes elasticity
- Taxes are the earnings of the government, and when they fluctuate,
the earnings also change. They can go higher or lower.
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Income Tax
In India, Income Tax was first time introduced in the year 1860 by Sir James
Wilson in order to meet the loss caused on account of ‘military mutiny’ in
1857.
In the year 1886, a separate Income Tax Act was passed, this act was in
force for a long time, subject to the various amendments from time to time.
In the year 1918, a new Income Tax Act was passed, but again, it was
replaced by another new act of 1992. The Act of 1922 became very
complicated due to various amendments. This act remains in force to the
assessment year 1961-62. In the year 1956, the Government of India
referred to the Law Commission in order to simplify the law and also to
prevent the evasion of Tax.
Any law is in itself is not complete unless the gaps are being filled. The law
of Income Tax in India governed by the Income Tax Act of 1961 and the gaps
are being filled by the Income Tax Rules, Notifications, Circulars and judicial
pronouncement including rulings by the Tribunal.
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- The Act contains the major provisions related to Income Tax in India.
- Central Board of Direct Taxes (CBDT) is the body which looks after the
administration of Direct Tax. The CBDT is empowered to make rules
for carrying out the purpose of this Act.
3. Finance Act
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Every statute gains sanction from the law of land, i.e., the Constitution of
India. Similarly, the government is authorised by the Constitution to collect
the taxes. According to Article 265 of the Constitution of India, no tax shall
be levied or collected except by authority of law. [1] Thus, the tax levied and
collected must be within the competency of authority authorised by the
legislature.
The Central Government enjoys the power to collect taxes on income except
for the tax on agricultural income, which is being enjoyed by the State
Government. Entry 46 of List II of Seventh Schedule of the Constitution of
India provides that the State Government has the power to collect taxes on
agricultural income.
Concept of Income :-
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1. Cash or Kind
Income in terms of Cash is not the only way to receive income, it can also be
received in terms of a kind. The calculation of income from kind is subject to
different treatments in both Direct and Indirect Tax. When the income is
received in kind, its valuation will be made.
A man of ordinary prudence may think that the illegal income may not be
falling under the concept of income, but income tax does not make any
distinction between the incomes received from a legal or illegal source. In
CIT v. Piara Singh [2], the Supreme Court held that the loss of business of
smuggling shall be allowed for deduction under Income Tax. The rationale
behind the decision was that the smuggling activity is also regarded as a
business. Therefore, the confiscation of currency notes employed in
smuggling activity is a loss which arises directly from the carrying on of the
business.
3. Temporary or Permanent
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5. Gifts
Gifts up to Rs. 50,000 received in Cash do not constitute tax liability. Gifts in
kind having the fair value maximum up to Rs. 50,000 is not liable to tax.
However, the whole amount will be taxed if the value exceeds the
prescribed limit. Moreover, the treatment of valuation of the gift is different
in the different situation especially gifts received on occasion of marriage.
Income Tax does not make any distinction in computing income, whether it
receive in lump sum or instalment.
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1. Person
Income tax is levied on the total income of the previous year of every
person. In general terms, the meaning of a person can be interpreted in a
short term. Whereas, as per Section 2 (31), Person includes:
I. an individual,
II. a Hindu undivided family (HUF),
III. a company,
IV. a firm,
V. an association of persons (AOP) or a body of individuals (BOI),
whether incorporated or not,
VI. a local authority, and
VII. Every artificial juridical person (AJP), not falling within any of the
preceding sub-clauses.
The definition of Person starts with the word includes, therefore, the
list is inclusive, not exhaustive.
2. Assessee
An assessee is a taxpayer means a person who under the income tax act is
subject to pay taxes or any other sum of money, as defined under section 2
(7) of the Act. The expression ‘any other sum of money’ includes other such
obligations payable, for instance fine, interest, penalty and other tax etc.
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3. Assessment Year
“Assessment Year” means the year in which income of the previous year of
an assessee is taxed. The timed lap of assessment year is of twelve months
beginning from the 1st April every year. The period starts from 1st April of
one year and ending on 31st March of next year. Broadly, assessment year
is defined under section 2 (9) of the Act.
4. Previous Year
Income earned during the year is taxable in the next year. The definition of
“Previous Year” is given under section 3 of the Act. Previous Year is the year
in which income is earned. Previous year is the financial year immediately
preceding the relevant assessment year. From 1989-90 onwards, every
taxpayer is obliged to follow financial year (i.e., April 1st of one year to
March 31st of next year) as the previous year.
For a newly set up business or profession, the first previous year will start
from the day from which that business or profession has commenced, but
the period of ending will remains same (i.e., 31st March).
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Heads of Income
The first head of Income Tax heads is income from salary which this
clause essentially assimilates any remuneration, which is received by an
individual in terms of services provided by him based on a contract of
employment. This amount qualifies to be considered for income tax only
if there is an employer-employee relationship between the payer and the
payee respectively. Salary also should include the basic wages or salary,
advance salary, pension, commission, gratuity, perquisites as well as the
annual bonus.
2. 50% of [Basic salary + DA] for those living in metro cities (40% for
non-metros)
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- Leave Travel Allowance (LTA): LTA accounts for expenses for travel
when you and your family go on leave. While this is paid to you, it is
tax-free twice in a block of 4 years.
The second head of Income Tax heads is Income from house property,
According to the Income Tax Act 1961, Sections 22 to 27 is dedicated to
the provisions for the computation of the total standard income of a
person from the house property or land that he or she owns. An
interesting aspect is that the charge is derived out of the property or
land and not on the amount of rent received. However, if the property is
utilized for letting out the normal course of business, then the income
from the rent will be considered.
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The third head of Income Tax heads is Income from Profits of Business in
which the computation of the total income will be attributed from the
income earned from the profits of business or profession. The difference
between the expenses and revenue earned will be chargeable. Here is a
list of the income chargeable under the head:
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i. Meaning of Salary
The salary for the purpose of calculation of income from salary includes:
a. Wages
b. Pension
c. Annuity
d. Gratuity
e. Advance Salary paid
f. Fees, Commission, Perquisites, Profits in lieu of or in addition to
Salary or Wages
g. Annual accretion to the balance of Recognized Provident Fund
h. Leave Encashment
i. Transferred balance in Recognized Provident Fund
j. Contribution by Central Govt. or any other employer to Employees
Pension A/c as referred in Sec. 80CCD
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Particular Amount
Add:
1. Fees, Commission and Bonus xxx
2. Allowance xxx
3. Perquisites xxx
4. Retirement Benefits xxx
5. Fees, Commission & Bonus xxx
Less:
1. Entertainment Allowance u/s 16 xxx
2. Professional Tax u/s 16 xxx
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iii. Allowances
What is Allowance?
Answer:
a. Dearness Allowance
b. Entertainment Allowance
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c. Overtime Allowance
e. Interim Allowance
f. Project Allowance
g. Tiffin/Meals Allowance
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h. Cash Allowance
i. Non-Practicing Allowance
j. Warden Allowance
k. Servant Allowance
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b. Entertainment allowance
d. Special Allowance
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Non-Taxable Allowances
b. Sumptuary allowances
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iv. Perquisites
Perquisites are fringe benefits that are received over and above the salary
as a result of their official position. This is taxed separately for
accountability and taxability. There are both taxable and exempted
perquisites.
Similar to how all income generating individuals and business houses are
liable to pay income tax, certain fringe benefits or perquisites are attached
to all earning individuals. Provision of medical facilities, housing allowance,
provision of official vehicle are some of the most popular examples of perks
or perquisites offered by employers to their employees.
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Classification of Perquisites
Depending upon the tax that is levied on perquisites these can be classified
into the following three heads.
a. Taxable Perquisites
b. Exempted Perquisites
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Taxable income Tax Rate (Old Scheme) Tax Rate (New Scheme)
a. 10% – Net income exceeds Rs.50 Lakhs but doesn’t exceed Rs. 1 Crore
b. 15% – Net income exceeds Rs.1 Crore but doesn’t exceed Rs 2 crore
c. 25% – Net income exceeds Rs.2 Crore but doesn’t exceed Rs 5 crore
Individual who opt for the income tax slab under the new tax regime will not be
able to avail any deduction & exemption under the Income Tax Act, 1961.
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For the FY 2019-20 and onwards, the benefit of considering the houses
as self-occupied has been extended to 2 houses. Now, a homeowner can
claim his 2 properties as self-occupied and remaining house as let out for
Income tax purposes.
A house property which is rented for the whole or a part of the year is
considered a let out house property for income tax purposes
c. Inherited Property
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The gross annual value of a self-occupied house is zero. For a let out
property, it is the rent collected for a house on rent.
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The resulting value is your income from house property. This is taxed
at the slab rate applicable to you.
When you own a self-occupied house, since its GAV is Nil, claiming
the deduction on home loan interest will result in a loss from house
property. This loss can be adjusted against income from other heads.
Note: When a property is let out, its gross annual value is the rental
value of the property. The rental value must be higher than or equal
to the reasonable rent of the property determined by the
municipality.
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A. Condition I
B. Condition II
C. Condition III
- The loan is taken on or after 1 April 1999 for the purpose of repairs or
renewal of the house property.
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Section 80EE recently added to the Income Tax Act provides the
homeowners, with only one house property on the date of sanction
of loan, a tax benefit of up to Rs 50,000.
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Under the objective “Housing for all”, the government has now
extended the interest deduction allowed for low-cost housing loans
taken during the period between 1 April 2019 and 31 March 2020.
With a view to further the benefit and give impetus to the real estate
sector, the government has extended the benefit for the FY 2019-20.
This deduction can be claimed until you have repaid the housing
loan.
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You may have taken the loan jointly, but unless you are an owner in
the property – you are not entitled to the tax benefits. There have
been situations where the property is owned by a parent and the
parent and child together take up a loan which is paid off only by the
child. In such a case the child, who is not a co-owner is devoid of the
tax benefits on the home loan.
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Each co-owner can claim a deduction of maximum Rs 1.5 lakh towards repayment
of principal under section 80C. This is within the overall limit of Rs 1.5 lakh of
Section 80C. Therefore, you can avail a larger tax benefit against the interest paid
on home loan when the property is jointly owned and your interest outgo exceeds
Rs 2 lakh per year.
It’s important to note that the tax benefit of both the deduction on home loan
interest and principal repayment under section 80C can only be claimed once the
construction of the property is complete.
Income for House property is taxed at normal slab rate & surcharge
is also applicable as per salary income.
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Business Income is the profit that is earned from the business. It is nothing
but Total Revenue/Total turnover minus Total Expense. The profit from the
business is the taxable income/business income.
The following incomes are chargeable to tax under the head Profit and
Gains from Business or Profession:
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7 28(iiid)
Profit on transfer of Duty Entitlement Pass Book Scheme, under
Section 5 of Foreign Trade (Development and Regulation) Act,
1992
8 28(iiie) Profit on transfer of Duty Entitlement Pass Book Scheme, under
Section 5 of Foreign Trade (Development and Regulation) Act,
1992
9 28(iv) Value of any benefits or perquisites arising from a business or the
exercise of a profession.
10 28(v) Interest, salary, bonus, commission or remuneration due to or
received by a partner from partnership firm
11 28(va) a) Any sum received or receivable for not carrying out any
activity in relation to any business or profession; or b) Any sum
received or receivable for not sharing any know-how, patent,
copyright, trademark, licence, franchise, or any other business or
commercial right or information or technique likely to assist in the
manufacture of goods or provision of services.
12 28(vi) Any sum received under a Key man Insurance policy including the
sum of bonus on such policy
13 28(via) Any profit or gains arising from conversion of inventory into
capital asset.
14 28(vii) Any sum received ( or receivable) in cash or in kind, on account of
any capital assets (other than land or goodwill or financial
instrument) being demolished, destroyed, discarded or
transferred, if the whole of the expenditure on such capital assets
has been allowed as a deduction under section 35AD
15 Explanation Income from speculative transactions. However, it shall be
to section deemed to be distinct and separate from any other business.
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16 41(2) Depreciable asset in case of power generating units, is sold,
discarded, demolished or destroyed, the amount by which sale
consideration and/ or insurance compensation together with
scrap value exceeds its WDV shall be chargeable to tax.
17 41(3) Where any capital asset used in scientific research is sold without
having been used for other purposes and the sale proceeds
together with the amount of deduction allowed under section 35
exceed the amount of the capital expenditure, such surplus or the
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i. Introduction
Any profit or gain arising from transfer of capital asset held as investments
are chargeable to tax under the head capital gains. The gain can be on
account of short- and long-term gains. A capital gain arises only when a
capital asset is transferred. Which means if the asset transferred is not a
capital asset; it will not be covered under the head capital gains. Profits or
gains arising in the previous year in which the transfer took place shall be
considered as income of the previous year and chargeable to income tax
under the head Capital Gains and the concept of indexation shall apply, if
applicable.
a. Any item held for a person's business or profession (stock, ready goods,
raw material) will be taxed under the head profits and gains of business
or profession
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This is an asset that is held for not more than 36 months immediately
preceding the date of its transfer. This period of 36 months is substituted
to 12 months in case of certain assets like equity or preference shares
held in a company, any other security listed on a recognized stock
exchange of India, Units of specific equity mutual funds and Zero coupon
bonds. In case of immovable property, the period of 36 months is
substituted by 24 months.
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Stocks and units of equity diversified mutual funds qualify for long term
capital gains if held for more than a year. In case of real estate, it
qualifies for long term capital gains if it is held for more than two years.
Earlier to the Finance Act 2017, real estate was considered as a long
term capital asset only if it was held for more than three years.
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Any profits or gains arising from the transfer of a capital asset effected in
the previous year shall be chargeable to income-tax under the head capital
gains. Examples of assets are a flat or apartments, land, shares, mutual
funds, gold among many others.
B. The assessee must have transferred the capital asset in the previous year.
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The value of a rupee today is not same as will be its value tomorrow
because of inflation. Likewise to be fair when paying capital gain tax, the
effect of inflation on the purchase is included. For instance if you bought a
flat in January 2002 for Rs 20 lakh and sold it in January 2020 for Rs 65 lakh;
you don't pay tax on the Rs 45 lakh gain. The tax authorities allow the
concept of indexation so that you can show a higher purchase cost,
lowering the overall profit and reducing the tax you pay on the gain. Using
the inflation index, one needs to increase the purchase price of the asset to
reflect inflation-adjusted true price in the year of sale. However, the benefit
of indexation is available only in case of long-term capital gains.
(Cost Inflation Index (CII) for year in which asset is transferred or sold)
divided by CII for year in which asset was acquired or bought). So in the
above example, the year in which asset is transferred or sold is 2020-21 and
the Cost Inflation Index (CII) for 2020-21 = 301. The year in which asset is
acquired or bought is 2001-2002 and the Cost Inflation Index (CII) for 2001-
02 = 100. So the Cost Inflation Index (CII) = 301/100 = 3.01
In case of long term capital gains, the tax liability is the lower of the amount
arrived at by the two:
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x. Tax Rates
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Gains made on the sale of debt funds and equity funds are treated differently. Any
fund that invests heavily in equities (more than 65% of their total portfolio) is
called an equity fund.
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I. Section 56(2) (i) of the Income Tax Act, 1961 mentions that dividends
will always be taxed under this category. However, dividends from
companies based in India, except those covered by Section 2(22) (e),
are exempt from tax under Section 10(34).
IV. Gifts received by an individual or one who qualifies under the Hindu
Undivided Family (HUF) are also taxed under this category.
VI. Income of more than Rs.10, 000 through Recurring Deposits are liable
to deductions at a rate of 10%.
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VIII. Income earned from Fixed Deposit, when combined with your source
of income like salary, is liable for tax deductions.
IX. Income from PPF and EPF (after a service of at least 5 consecutive
years), which are exempt from tax deductions, qualify under this
head.
X. Income through the Family Pension scheme, that is, the income that
one receives on behalf of a deceased. This income attracts a
deduction of Rs.15, 000 or one-third of the family pension amount,
whichever is lesser.
XI. These incomes are taxable under this head, if they are not taxed
under the head “Profits and gains of business or profession”:
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ii. Tax Deduction That Cannot Be Claimed Under the Head ‘Income
from Other Sources’
a. Personal expenses
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Answer:-
Income tax authority [Explanation (a) to section 133A]:
"Income-tax authority" means a Commissioner, a Joint Commissioner, a Director,
a Joint Director, an Assistant Director or a Deputy Director or an Assessing Officer,
or a Tax Recovery Officer, and for the purposes of clause (i) of subsection (1),
clause (i) of sub-section (3) and sub-section (5), includes an Inspector of Income-
tax.
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Various Authorities
Section of the Income Tax Act, 1961 provides for the administrative and
judicial authorities for administration of this Act. The Direct Tax Laws Act,
1987 has brought far-reaching changes in the organizational structure. The
implementation of the Act lies in the hands of these authorities. The change
in designation of certain authorities and creation of certain new posts in the
structure are the main features of amendments made by The Direct Tax
Laws Act, 1987. The new features of authorities has been properly depicted
in a chart on the facing page. These authorities have been grouped into two
main wings:
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f. Income-tax Officers
h. Inspectors of Income-tax.
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Forms of return prescribed under the Income -tax Law for the assessment
year 2021-22:-
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ITR-5 This Form can be used by a person being a firm, LLP, AOP, BOI,
artificial juridical person referred to in section 2(31)(vii),
cooperative society, local authority Private Discretionary Trust,
Society registered under Society Registration Act, 1860, trust
other than trusts eligible to file ITR 7, estate of deceased person,
estate of an insolvent, business trust and investment fund.
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) shall not
use this form (i.e., trusts, political parties, institutions, colleges.)
ITR-6 It 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-7 It is applicable to a 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) (i.e., trusts,
political parties, institutions, colleges.).
ITR-V It is the acknowledgement of filing the return of income.
Return Forms can be filed with the Income-tax Department in any of the
following ways,
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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, Bangalore–560100 (Karnataka). The other copy may be retained by
the taxpayer for his record.
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Thank You
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