ITR 1 or ITR 2

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An Individual has only interest income from Bank Deposits. There is no salary income or any exempt income. What form is to be used? ITR 1 or ITR 2? Is it necessary that there necessarily should be salary income for using ITR 1? The table in the income tax directorate site is ambiguous in this respect.

Replies (13)

ITR 1 is suitable for individuals having Salary/pension and Interest income and who donot have income from house property.

u must go for ITR -1

ITr-1 is suitable for this case.

Please send me the excel formate of ITR-1. My mail ID is manoj.a @ next.co.in

you will get in income tax web site all the forms...see the link below

 

incometaxindiaefiling.gov.in/portal/index.jsp

ITR 1 you can fill.

copy paste from Income tax website

For Individuals, HUF

S.No For Þ Individual Individual, HUF
Source of Income ß ITR-1 ITR-2 ITR-3 ITR-4
1 Income from Salary/Pension
2 Income from Other Sources (only Interest Income or Family Pension)
3 Income/Loss from Other Sources  
4 Income/Loss from House Property  
5 Capital Gains/Loss on sale of investments/property  
6 Partner in a Partnership Firm    
7 Income from Proprietary Business/Profession      

 

ITR 1 to file thanx for the table Mr. Praveen

ITR 1 seemed to be the obvious choice. I also tried filling in the electronic ITR 1 form without salary detail. There was no error message when generating the xml. So obviously the salary fields need not necessary be filled. But the department may later raise an issue that just because a electronic form doesnt give an error, this is no reason to file the wrong form (An interesting debate can be rasied on this issue too).

I had already mentioned the table in the Incometax website was ambiguous. The reason I raised the question in the first place and which I mentioned in my query was:

a) Is it absolutely necessary that there should be salary income for one to use ITR 1? Please note the use of the words "income from salary/pension AND interest".

b) Why is ITR 2 not applicable?

Is the table mentioned above clear in this case or is it ambiguous? And before ayone raises it, I did write to ask @ incometaxgov.in about this. There is no reply. There was no response when i tried the the contact phone number.

The practical way is of course to file ITR 1 because its simpler. However there is a caveat from the IT Department that filing of a wrong form means that the return is not filed at all. (Though I seem to have aread a tribunal decision wherein the filing of a wrong form was requested to be condoned). 

ITR 1 seemed to be the obvious choice. I also tried filling in the electronic ITR 1 form without salary detail. There was no error message when generating the xml. So obviously the salary fields need not necessary be filled. But the department may later raise an issue that just because a electronic form doesnt give an error, this is no reason to file the wrong form (An interesting debate can be rasied on this issue too).

I had already mentioned the table in the Incometax website was ambiguous. The reason I raised the question in the first place and which I mentioned in my query was:

a) Is it absolutely necessary that there should be salary income for one to use ITR 1? Please note the use of the words "income from salary/pension AND interest".

b) Why is ITR 2 not applicable?

Is the table mentioned above clear in this case or is it ambiguous? And before ayone raises it, I did write to ask @ incometaxgov.in about this. There is no reply. There was no response when i tried the the contact phone number.

The practical way is of course to file ITR 1 because its simpler. However there is a caveat from the IT Department that filing of a wrong form means that the return is not filed at all. (Though I seem to have aread a tribunal decision wherein the filing of a wrong form was requested to be condoned). 

Sorry about the double post. Page loading problem. Moderators may please remove the second post.

I went back to basics and read up Rule 12. Sub rule 1(a) now seems clear that there first has to be salary income for using ITR 1. Therefore in the present case ITR 1 will not apply.

ITR 2 is for individuals (and HUFs) for whom ITR 1 does not apply and who have income other than income from Business or Profession (Sub rule 1(b)). Therefore in th present case, ITR 2 will apply.

As an aside, ITR 1 will also not apply when there is exempt income or when there is clubbing of income. It struck to me that as professionals we have to ask a client who has only salary and interest income if the deposits on which interest is earned are in his own name or in the name of 'wife/minor children'. If the latter we will have to file ITR 2. What a complicated life we have been led to. :)

Krishnan
 

 vk is right

ITR 1


CCI Pro

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