26 September 2013
A school is running under a trust registered u/s 12 (a) (b) having profit during FY 2012-13. Query: 1. Whether the school is required to file Income Tax Return for AY 2013-14 in Form ITR-7. 2. If yes, whether electronically or paper return. 3. If not filed upto 30.09.2013, what are the consequences.
02 August 2024
For a school running under a trust registered under Section 12A/12AA, here’s how the Income Tax Return (ITR) filing requirements work:
### **1. Filing of Income Tax Return for AY 2013-14:**
- **ITR Form:** Yes, the trust operating the school must file the Income Tax Return using **Form ITR-7**. Form ITR-7 is used by trusts, estates, and associations of persons, including those claiming exemption under Section 11 or Section 12, or those receiving income from charitable or religious activities.
### **2. Mode of Filing:**
- **Filing Method:** Trusts registered under Section 12A/12AA must file their returns electronically. The Income Tax Department mandates electronic filing for most trusts and charitable organizations, especially those with a gross receipt exceeding ₹1 crore or those claiming exemptions.
### **3. Consequences of Not Filing on Time:**
- **Penalty and Interest:** If the return is not filed by the due date (typically September 30th of the assessment year for trusts), the following consequences may apply: - **Late Filing Penalty:** Under Section 271F, a penalty of ₹5,000 can be imposed for failing to file the return on time. - **Interest:** Interest under Section 234A may be levied for late filing of the return. - **Disallowance of Exemption:** The trust could face challenges in claiming exemptions under Sections 11 and 12 if the return is not filed timely.
- **Consequences of Delay:** - **Audit and Scrutiny:** Delay in filing may attract more scrutiny and a potential audit, especially if the return is filed significantly late. - **Disqualification of Exemption:** Failing to file the return within the stipulated time frame could affect the trust's eligibility to claim tax exemptions under Section 11 and 12.
### **Important Points to Note:**
- **Maintain Records:** Ensure all records and documentation are complete and accurate before filing. - **Rectification:** If the return is not filed by the due date, it can be filed late, but it’s important to address any outstanding penalties or interest. - **Consultation:** It is advisable to consult a tax professional for specific guidance, especially if facing penalties or issues related to late filing.
### **Summary:**
- **Form ITR-7** must be used for the trust. - **Electronic filing** is mandatory. - Late filing has consequences including penalties and possible disqualification from tax exemptions.
If you have any more questions or need further clarification on specific points, feel free to ask!