ITR FORMS :- Who Can or Who Can Not use ITR 1 (Sahaj), ITR 2, ITR 3, ITR 4S (Sugam), ITR 4, ITR 5 , ITR 6 or ITR 7

Friday, June 5, 2015 | comments

Friends,  There is confusion in selection of Income Tax Return Forms.  Many time a person think that he has such income that what ITR form should be submitted by him.  To remove the confusion, the following table in given in the interest of income tax assessee :-



ITR Form No’s 
Who can use  ?
Who can not use ?
ITR - 1 (Sahaj)

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 or losses under this head). 
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 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 exempt 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 section 91
·         Who is a resident and ordinarily resident and having any assets (including financial interest in any entity) located outside India or signing authority in any account located outside India.​

ITR - 2
Return Form ITR – 2 can be used by an individual or a Hindu Undivided Family whose total income for the year includes:
·         Income from Salary / Pension; or
·         Income from House Property; or
·         Income from Capital Gains; or
·         Income from Other Sources (including 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 if income to be clubbed falls in any of the above categories. ​

Return Form ITR – 2 cannot be used by an individual or HUF whose total income for the year includes income from Business or Profession.
ITR -3
Return Form ITR – 3 can be used by an individual or a Hindu Undivided Family who is a partner in a firm and income chargeable to income-tax in his/its hand under the head "Profits or gains of business or profession" does not include any other income, except the income by way of any interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by him from such firm.
In case a partner of the firm does not have any income from the firm by way of interest, salary, etc., and has only exempt income by way of share in the profit of the firm, he shall use Form ITR – 3 only and not Form ITR-2. ​

Form ITR – 3 cannot be used by an individual or HUF whose total income for the year includes income from Business or Profession under any proprietorship.​
ITR -4S (SUGAM)
Form ITR – 4S (SUGAM) can be used by an individual/HUF whose total income for the year includes:
(a) Business income computed as per the provisions of section 44AD or ​44AE; or​; or
(b) Income from salary/pension; or
(c) Income from one house property (excluding cases where loss is brought forward from previous years); or
(d) 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 – 4S (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 exempt 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 profession as referred to in section 44AA(1).
• 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 9090A 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 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 his accounts audited. In such a case he cannot use ITR 4S. Such a taxpayer has to file its return of income in Form ITR – 4.

ITR - 4
Form ITR – 4 can be used by an individual or a Hindu Undivided Family who is carrying on a proprietary business or profession. ​
Form ITR – 4 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 – 4
ITR - 5
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)​ (i.e., trusts, political party, institutions, colleges, etc.).
ITR - 6
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).​
ITR - 7
​​​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)​​​ (i.e., trusts, political party, institutions, colleges, etc.).​
Form ITR – 7 cannot be used by a person who is not required to furnish return under s section 139(4A) or section 139(4B)​ or section 139(4C) or section 139(4D)​ (i.e., trusts, political party, institutions, colleges, etc.). ​

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