2. Contents
1) ITR Forms for the AY 2018-19
2) Importance for CORRECT filing of ITR
3) Changes in law which lead to change in ITR
4) Specific Changes – ITR wise
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3. 1) ITR Forms for the AY 2018-19
ITR 3
(AY 2017-18)
For Individuals and HUFs having income from proprietary business
or profession.
ITR 3
(AY 2018-19)
For Individuals and HUFs having income from profits and gains of
business or profession
ITR Forms Applicability
ITR 1 - (SAHAJ)
(AY 2017-18)
Individuals having income from salary, one house property and other
sources. Having total income upto Rs. 50 lakh.
ITR 1 - (SAHAJ)
(AY 2018-19)
Individuals being resident other than not ordinarily resident
having income from salary, one house property and other sources.
Having total income upto Rs. 50 lakh.
ITR 2
(AY 2017-18)
Individuals and HUFs not carrying on business or profession under
any proprietorship.
ITR 2
(AY 2018-19)
Individuals and HUFs not having income from profits and gains of
business or profession.
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4. ITR Forms Applicability
ITR 4(Sugam)
(AY 2017-18) & (AY 2018-19)
For person having presumptive Income from business and
profession
1) ITR Forms for the AY 2018-19
ITR 5
(AY 2017-18) & (AY 2018-19)
For person other than (i) individual, (ii) HUF, (iii) company
and (iv) person filling form ITR-7
ITR 6
(AY 2017-18) & (AY 2018-19)
For the Companies other than companies claiming exemption
under section 11
ITR 7
(AY 2017-18) & (AY 2018-19)
For the person including companies required to furnish
return under sections 139(4A), 139(4B), 139(4C), 139(4D),
139(4E), 139(4F)
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5. 2) Importance for CORRECT filing of ITR
On filing an incorrect income tax return, the assessee may receive any one of the following
notices :-
Notice u/s 139(9)- Defective Return – A response may be submitted within 15 days in
the absence of which the return shall be treated as ‘Invalid’ leading to penalties and
litigations.
Intimation u/s 143(1)- May lead to wrong processing of return and infructuous demands
may arise, leading to filing of 154 application and litigations.
Scrutiny u/s 143(2) or 148
Penalty u/s 270A Under reporting / mis-reporting of income may lead to penalty
amounting to 50% / 200% of the tax on under-reported income.
Prosecution u/s 277 – Furnish of False information
a) Where tax sought to be evaded exceeds ₹ 25,00,000/- Impressment for a term of 6
months to 7 years and fine.
b) In other case Impressment for a term of 3 months to 2 years and fine.
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6. 3) Changes in Law
Which lead to
Changes in ITR
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7. Impact of Finance Act 2017 on ITRs
Section 234F : Fee for default in furnishing Return of Income.
In ALL the ITR’s (1 To 7) under the head ‘Computation of tax liability on total
income’ an additional column has been inserted for entering the fee under 234F.
Section 194IB : Payment of rent by certain Individuals or HUFs
In ALL the ITR’s (1 To 7) in order to claim credit of such TDS, a amendment has been
done under the head ‘Tax Payment - Schedule of TDS’, to capture details of TDS
deducted by the Tenant.
We need to furnish PAN of the Tenant.
Section 115BBG : Taxes on income from transfer of carbon credit.
Section 115BBG provides that any income from transfer of carbon credit shall be
taxable at the concessional rate @ 10 %.
A new column related to this in Schedule OS (Income from other sources) and
Schedule SI (Income chargeable to tax at special rate)
Applicable to ITR 2, 3, 5, 6, 7 .
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8. Impact of Finance Act 2017 on ITRs
Section 56(2)(x) : Income form Other Source
The scope of Section 56(2)(vii) was applicable to an individual or HUF but the scope of
the said section has been extended by Section 56(2)(x) which covers all taxpayers within
its ambit.
Applicable to ITR 2, 3, 5, 6 and 7.
In the Schedule OS (Income from other sources) following have been added:
Income of nature referred in section 56(2)(x) which chargeable to tax :
a) Aggregate value of money received without considerations.
b) Immovable property without consideration - stamp duty value
c) Immovable property for inadequate consideration - stamp duty value of in excess of
such consideration
d) Any other property without considerations - FMV of such property.
e) Any other property for inadequate considerations – FMV in excess of consideration.
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9. Section 50CA : Capital gains in case of transfer of unquoted shares
Applicable to ITR 2, 3, 5, 6 and 7
Following column have been added in schedule CG (Capital Gains):
1) In case of securities sold including share of company other than quoted shares,
enter the following details:
a) Full value of consideration receivable in respect of unquoted shares.
b) Fair market value of quoted shares determined in prescribed manner.
c) Full value of considerations in respect of unquoted shares adopted as per
section 50CA (higher of a or b).
2) Full value of considerations in respect of securities other than quoted shares.
Applicable to ITR 2, 3, 5, 6 and
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Impact of Finance Act 2017 on ITRs
10. Impact of Other Amendments on ITRs
Capital gains exemption to be furnished in detail
Applicable to ITR 2, 3, 5 and 6
Reporting of Deduction u/s under Sections 54, 54B, 54EC, 54EE, 54F, 54GB and 115F
were being reported in a single schedule
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11. Impact of Other Amendments on ITRs
Capital gains exemption to be furnished in detail
Now for each section a different reporting column has been inserted in Schedule CG –
Point 9 – Part D.
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12. Impact of Other Amendments on ITRs
Revised Depreciation Schedule.
Applicable to ITR 3, 5 and 6
Replaced the depreciation column of 50/60/80/100 per cent with 40 per cent in case
of plant and machinery, and building.
New columns have also been inserted to enable the entities to claim proportionate
depreciation in the event of business reorganisation, i.e. demerger, amalgamation etc.
Further, a field is added to disclose the disallowance to be made in respect of
depreciation under section 38(2) if an asset is not exclusively used for business
purpose.
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13. Impact of Other Amendments on ITRs
Rule 37BA – Allocation of TDS assessable in the hand of a person other than deductee
Applicable to ITR 3, 5 and 6
Following columns has been added in schedule of TDS in ITRs
For Assessment Year 2017-18
For Assessment Year 2018-19
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14. Impact of Other Amendments on ITRs
Section 43B(g) : Sum Payable to Indian Railway for the use of railway assets – Allowable
on actual payment – Added in Other information – Tax Audit case reporting. Applicable
to ITR 3,5 & 6.
Individual taxpayers who are filing income tax return in Form ITR 2, 3 or 4 are not
required to mention the gender (i.e. male, female or transgender) as the column of gender
has been removed
The new ITR forms allow non-residents to furnish details of any one foreign bank
account for the purpose of payment of income tax refund. Applicable to ITR 2,3,4, 5 ,6
& 7)
Additional column have been added for section 58 and section 59,in Schedule OS
(Income from other sources) applicable to ITR 3,5,6&7.
Cash deposited during period 9.11.2016 to 30.12.2016 have been deleted from all ITRS.
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16. Changes in ITR- 1
Amendments
AY 2017-18 - In part B - Gross Total Income :-
• Gross income from Salary / Pension and Gross income from One House Property
was to be reported.
AY 2018-19 , - In part B - Gross Total Income under the head
Salary / Pension, break up has to be provided, comprising of
Salary (excluding item listed below)
allowances not exempt,
value of perquisites,
Profit in lieu of salary
Deduction u/s 16.
House Property, break up has to be provided, comprising of
Gross rent received /
Tax paid to local authority
Annual Value,
30% of annual Value
Interest payable on borrowed capital. ashish.kapoor@asija.in
17. Changes in ITR- 1
The said changes in breakup of head Salary and House Property are also applicable
to ITR 4.
Deletions
As the ITR – 1 is now of for Individuals being resident other than not ordinarily
resident, thus Residential status column in part A General Information have been
deleted.
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18. Changes in ITR- 2
Since ITR 2 is applicable to Individuals and HUFs not having income from profits and
gains of business or profession.
This has lead to Deletions of the following schedules in ITR 2
Part B – TI – Computation of Income – Income from PGBP
Schedule IF - Information regarding partnership firm in which you are partner
Schedule BP - Details of income from firm of which partner.
Schedule CYLA – Details of Income after Set off of current year losses – Column of
Business loss
Schedule BFLA (Brought forward losses)- Row of Income from Business or profession
Schedule CFL (Carry Forward of Losses)- Column of Business or Profession loss
Schedule AL – Assets & Liability at the end of the year – Section C - Interest held in
the assets of a firm /AOP as partner or member thereof.
Addition
In General information Tab, an option to select section 115H has been added.
Also applicable for ITR - 3 ashish.kapoor@asija.in
19. Changes in ITR- 3
Addition
Due to introduction of GST – In Part A – P&L following have been added in
In Revenue from Operations – Row C – Duties, taxes received in respect goods /
service sold following has been added
o Central goods and service tax
o State goods and service tax
o Integrated goods and service tax
o Union territory goods and service tax
Similar addition has been made with respect
o Duties and taxes paid with respect to purchase
o Rate and taxes paid to government
Deletions
Schedule BP – Computation of Income - Deduction under section 35AC have been
deleted . (Same is applicable to ITR 5 and ITR 6).
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20. Changes in ITR- 3
Amendment
AY 2017-18 -Only impact of ICDS on the profits (whether negative or positive) was
reported in Part A of OI (other information).
AY 2018-19 - Separate reporting of both profit and loss (and not on net basis) in
Schedule OI, Schedule BP (Computation of income from business or profession and
Schedule ICDS.
This amendment is also applicable for ITR 5 & 6
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21. Changes in ITR- 4
Addition
In Schedule BP following tab is added related to GST :
Amendments
In Assessment Year 2017-18 in Schedule BP under tab financial particulars following
were reported:
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22. Changes in ITR- 4
In Assessment Year 2018-19 following are reported:
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23. Changes in ITR- 5
All changes of ITR – 5 have already been covered in
Previous Slides.
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24. Changes in ITR 6
Additions
Ownership Information has been added in PARTA –GEN
For Companies who draw their Financial Statement in Compliance to Ind AS will
have to furnish the Balance sheet is Part A–BS-Ind As and not at Part A-BS and Profit
& Loss in Part A–P&L-Ind As and not at Part A-P&L.
In schedule MAT , assessee is required to specify the additions and deductions made in
the book profit due to application of Ind As on the company.
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25. Additions
Schedule FD – Break-up of payment /receipts in foreign currency (applicable to assessee
who is not liable to get its accounts audited under Section 44AB)
Schedule GST – Break-up of payment /receipts in foreign currency (applicable to assessee
who is not liable to get its accounts audited under Section 44AB).
New column has been added in Part A - P&L to provide details of apportionment made by
the companies for the CSR activities and in Part A – OL other information disallowance u/s
37 with respect to CSR expense incurred have been added.
Changes in ITR 6
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26. Changes in ITR 7
Additions
In Schedule LA Political parties following additions are made:
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27. Changes in ITR 7
In Part A Gen Personal Information in Details of the project /institutions run by you
following changes have been made :
Assessment Year 2017-18
Assessment Year 2018-19
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28. Changes in ITR 7
Section 12A(1)(a) - Reporting of Change in Objects and approval, subsequent to
previous approval u/s 12AA
Changes in Part B TI Statement of Income for the period ended.
Assessment Year 2017-18PDF 1.
Assessment Year 2018-19PDF 2.
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30. Disclaimer
This presentation is prepared by our firm to provide a gist of the applicable changes in
income tax returns in the Financial Year 2017-18
For the detailed insight and for the better understanding of various provision of the said
law the said presentation should be read along with related provision of the Income tax
Act, 1961 and Income Tax Rules 1962.
Neither our firm nor any partner or an employee or an article of our firm shall be
responsible for any decision taken on the basis of said presentation and without obtaining
any professional guidance or consultation of the matter for which reliance was made on
the presentation .
Hinweis der Redaktion
As per Section 194IB – “Any person being individuals or HUFS pays rent to any person exceeding 50000 for a month or a part of month during the previous year shall deduct an amount equal to five percent of such income as income- tax there on.”
Erstwhile provisions of Section 56(2)(vii) were applicable only to an individual and HUF. It provides that any sum of money or any property received by an individual or HUF without consideration or for inadequate consideration (in excess of Rs. 50,000) shall be taxable as income from other sources
Section 50CA which provides that if unlisted shares are transferred at a price which is less than its FMV, the sales consideration shall be deemed to be the price as calculated by a Merchant Banker or a CA on the valuation date and obtain a valuation report fir sale of unquoted shares.
The CBDT vide Income tax (Twenty Ninth Amendment) Rules, 2016, dated 07-11-2016 had restricted the highest rate of depreciation for any block of asset to 40 per cent
The provisions of Section 40(a)(ia) disallow 30% of certain expenditures if tax is not deducted in respect of those expenditures in accordance with Chapter XVII-B or if tax is deducted but not deposited on or before the due date for filing of return of income.
If certain cases, where there is a common income subjected to TDS, the assessees face difficulties in proving their claim for TDS Credit. Similarly, where a person is entitled to claim the credit for tax deducted in the name of another person, i.e., inheritance, etc.
Currently, the Income Tax Department matches the TDS disclosed in ITR with the amount of TDS as shown in Form 26AS and in case of mismatch, the department asks the assessee to reconcile the mismatch
Section 115H (who is a non-resident Indian in any previous year, becomes assessable as resident in India in respect of the total income of any subsequent year)
Section 35 AC – Deduction for Expenditure on Eligible projects or scheme – With drawn by Finance Act 2016 w.e.f 1/4/17
With So Much info being asked, do you think will it possible to do so with OUT Books ???
(E15, E19, E20, E22 are mandatory and others if available)
The Finance Act, 2017 has inserted a new Explanation 2 with effect from Assessment Year 2018-19 to effect that any donation to another charitable institution registered under Section 12AA with a specific direction that it shall form part of the corpus of the donee, shall not be treated as application of income for charitable or religious purposes