New changes in tax return forms for the a/y 2013-14

Good Morning to All CCItes

CBDT vide NOTIFICATION NO. 34/2013 [F.NO.142/5/2013-TPL]/SO 1111(E), DATED 1-5-2013 Incorporated new changes in Income tax return filing forms for the A/Y 2013-14 as below:

- Return in ITR 1 can't be filed if assessee incurs losses under the head 'Income from other sources

- Return in ITR 1 can't be filed if assessee claims tax relief or has any income which is exempt under Chapter III

-Return in ITR 4S can't be filed if assessee claims tax relief or has any income which is exempt under Chapter III

-Mandatory e-filing of audit reports

-Mandatory e-filing of return if income exceeds Rs. 5,00,000 or assessee claims tax relief

-List of forms to be used by different persons for filing of return of income for the Assessment Year 2013-14

A comparative chart and list of tax return forms is given below :-

Form	Existing position		New Position
Form Sahaj (ITR 1)	Return in ITR 1 can't be filed if assessee incurs losses under the head 'Income from other sources'
	An individual if his total income includes: (a) Salary and family pension; (b) Income from one house property (excluding losses); (c) Income from other sources but does not include: • Winnings from lottery; and • Winnings from horse races.	An individual if his total income includes: (a) Salary and family pension; (b) Income from one house property (excluding losses); (c) Income from other sources but does not include: • Winnings from lottery; • Winnings from horse races; and • Loss under this head.
Form Sahaj (ITR 1)	Return in ITR 1 can't be filed if assessee claims tax relief or has any income which is exempt under Chapter III
	Return in ITR 1 cannot be filed by a resident person (other than not ordinarily resident in India), if he has: (a) Any asset (including financial interest) located outside India; (b) Signing authority in any account located outside India.	Return in ITR 1 cannot be filed by a resident person (other than not ordinarily resident in India), if he has: (a) Any asset (including financial interest) located outside India; (b) Signing authority in any account located outside India; (c) Claimed any relief of tax under Section 90, 90A or 91; (d) Incomme exceeding Rs. 5,000 which is not chargeable to tax. In other words, if assessee claims exemption in respect of any income under Section 10, 10A, 10AA, etc.
Form Sugam (ITR 4S)	Return in ITR 4S can't be filed if assessee claims tax relief or has any income which is exempt under Chapter III
	Return in ITR 4S cannot be filed by an Individual or a HUF deriving income as referred to in Sections 44AD or 44AE, if it has: (a) Any asset (including financial interest) located outside India; (b) Signing authority in any account located outside India.	Return in ITR 4S cannot be filed by an Individual or a HUF deriving income as referred to in Sections 44AD or 44AE, if it has: (a) Any asset (including financial interest) located outside India; (b) Signing authority in any account located outside India; (c) Claimed any tax relief under Section 90, 90A or 91; (d) Income exceeding Rs. 5,000 which is not chargeable to tax. In other words, if assessee claims exemption in respect of any income under Section 10, 10A, 10AA, etc.
Audit Report	Mandatory e-filing of audit reports
	No such requirement	E-filing of following audit reports shall be mandatory in following cases: (a) Audit report under Sec. 44AB in respect of books of account; (b) Audit report under Sec. 92E in respect of international transaction; or (c) Audit report under Sec. 115JB in respect of MAT computation.
Mandatory e-filing of return	Mandatory e-filing of return if income exceeds Rs. 5,00,000 or assessee claims tax relief
	It is mandatory for an individual or an HUF to e-file the return of income if its total income exceeds Rs. 10,00,000	(a) It is mandatory for every person (not being a co. or a person filing return in ITR 7) to e-file the return of income if its total income exceeds Rs.5,00,000 (b) Every person claiming tax relief under Section 90, 90A or 91 shall file return in electronic mode.

List of forms to be used by different persons for filing of return of income for the Assessment Year 2013-14

*Individual and HUF*
Nature of income	ITR 1 (Sahaj)	ITR 2	ITR 3	ITR 4	ITR 4S (Sugam)
Income from salary/ pension	Yes	Yes	Yes	Yes	-
Income from one house property (excluding losses)	Yes	Yes	Yes	Yes	-
Income or losses from more than one house property	-	Yes	Yes	Yes	-
Income not chargeable to tax which exceeds Rs. 5,000	-	Yes	Yes	Yes	-
Income from other sources (other than winnings from lottery and race horses or losses under this head)	Yes	Yes	Yes	Yes	-
Income from other sources (including winnings from lottery and race horses)	-	Yes	Yes	Yes	-
Capital gains/loss on sale of investments/ property	-	Yes	Yes	Yes	-
Share of profit of partner from a partnership firm	-	-	Yes	Yes	-
Income from proprietary business/ profession	-	-	-	Yes	-
Income from presumptive business	-	-	-	-	Yes
Details of foreign assets	-	Yes	Yes	Yes	-
Claiming relief of tax under sections 90, 90A or 91	-	Yes	Yes	Yes	-

*Other Assesses*
*Nature of income*	*ITR 5*	*ITR 6*	*ITR 7*
Firm	Yes	-	-
Association of persons (AOP)	Yes	-	-
Body of Individuals (BOI)	Yes	-	-
Companies other than companies claiming exemption under Sec. 11	-	Yes	-
Persons required to furnish return under: (1) Section 139(4A); (2) Section 139(4B); (3) Section 139(4C); and (4) Section 139(4D)	-	-	Yes