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ITR FORM A.Y. 2019-20 KEY CHANGES
CA Rajeev Sogani ITR FORM A.Y KEY CHANGES CA Rajeev Sogani CIRC CA Rajeev Sogani
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OBJECTIVE OF AMENDMENTS IN ITR FORMS
CA Rajeev Sogani OBJECTIVE OF AMENDMENTS IN ITR FORMS To incorporate the changes made by the Finance Act, 2018 To seek additional disclosures Information that deals with Tax Litigation Information that leads to detection of Tax Avoidance CA Rajeev Sogani CIRC CA Rajeev Sogani
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Additional disclosures
CA Rajeev Sogani CIRC
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If Agricultural Income exceeds Rs. 5 Lakh
AGRICULTURALIST Relevant Forms: ITR-2,3,4,5 If Agricultural Income exceeds Rs. 5 Lakh Furnish: 1. Name of District (with PIN Code) where agricultural land is located 2. Measurement of agricultural land in acre 3. Whether agricultural land is owned or held on lease 4. Whether agricultural land is irrigated or rain-fed CA Rajeev Sogani CIRC
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Whether its shares are listed or unlisted
INDIVIDUAL DIRECTOR Relevant Forms: ITR-2,3,4 If assessee is a Director in a company at any time during the previous year, following information are to be furnished: PAN DIN Whether its shares are listed or unlisted Name of the Company CA Rajeev Sogani CIRC
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ASSESSEES HOLDING INVESTMENT IN UNLISTED EQUITY SHARES (AT ANY TIME)
Relevant Forms: ITR-2,3,4,5,6,7 Investment in Unlisted equity shares Name of Company, PAN Opening and Closing Balance Shares acquired during the year (Date of subscription, number, face value, issue price, Purchase price) No. of Shares transferred during the year and the Sales Consideration for such transfer CA Rajeev Sogani CIRC
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UNLISTED COMPANIES Relevant Form: ITR-6 Shareholders’ detail
Name, Category and PAN of Shareholder Date of Allotment, Type of Share, Number of Shares Face Value , Issue Price, Paid Up Value per share and Share Premium Previous shareholders who ceased to be shareholder Date on which ceased to be Shareholder Mode of Cessation In case of transfer, PAN of New Shareholder Share Application Money pending allotment detail Proposed issue price Share Application Money Share Application Premium CA Rajeev Sogani CIRC
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START-UPS Check on 80IAC Deduction Eligibility:
Relevant Forms: ITR 5,6 Eligibility Criteria for Startup Recognition: Incorporated as a Private Limited Company or registered as a Partnership Firm or a Limited Liability Partnership, Turnover less than INR 25 Crores, Working towards innovation/ improvement of existing products, services and processes, Potential to generate employment/ create wealth Check on 80IAC Deduction Eligibility: CA Rajeev Sogani CIRC
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UNLISTED COMPANIES Relevant Form: ITR 6
Address, Pin Code, Date and Cost of Acquisition and Purpose for it is used. Land and Building Name of Company, Opening and Closing balance, Shares acquired and transferred during the year Listed/Unlisted equity shares/ Other Securities Name, PAN of person, Opening balance, amount received and paid, interest debited, rate of interest etc. Loans and advances Registration number, cost and date of acquisition, purpose etc. Motor vehicles, Jewellery, archaeological collection etc. Name of the person, PAN, Opening balance, amount received and paid, interest credited, Closing balance Liabilities Name, PAN of entity, Amount contributed and withdrawn during the year Amount of Profit/Loss and closing balance Capital Contribution CA Rajeev Sogani CIRC
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Name, Address, PAN, TIN and Country of residence of parent company.
OTHER CHANGES Foreign Companies to report about their ultimate and immediate parent company : Name, Address, PAN, TIN and Country of residence of parent company. [ITR 6] Reporting of profit on conversion of Inventory into Capital Asset (Sec 28). [ITR 3,5,6] CA Rajeev Sogani CIRC
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NON-RESIDENTS Number of days of stay in India
Jurisdiction of residence Tax Identification Number CA Rajeev Sogani CIRC
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Data Safety CA Rajeev Sogani CIRC
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COMPARISON WITH FORM 3CD
Particulars ITR Form 3CD Shareholding details required × Details of Loans given Details of Loans taken Investment in Unlisted Equity Shares Disallowance u/s 14A Reporting by Start-up Companies CA Rajeev Sogani CIRC
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Changes w.r.t each Head of Income
House Property Salary Capital Gain Business and Profession Other Sources House Property CA Rajeev Sogani CIRC
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CHANGES- SALARY Reporting of Gross Salary, Amount of exempt allowances, Perquisite and Profit in lieu of Salary. Furnishing of TAN of employer is mandatory if TDS is deducted on salary income. Relevant Forms: ITR-1,2,3,4 CA Rajeev Sogani CIRC
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Now three options are available for selecting “type of property”:
CHANGES - HOUSE PROPERTY Relevant Forms: ITR-1,2,3,4,5,6,7 Arrears/Unrealized Rent received during the year is to be reported property-wise. Now three options are available for selecting “type of property”: a) Self Occupied Property b) Let-out c) Deemed let out CA Rajeev Sogani CIRC
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CHANGES - BUSINESS/ PROFESSION
Relevant Forms: ITR-3,5,6 In new ITR forms, in place of existing Part A P&L, following new Parts have been inserted: a) Manufacturing Account b) Trading Account c) Profit & Loss Account Reporting of Name, Address and PAN of the Debtor in case of Bad Debt (More than Rs. 1,00,000/- ) If there is income from Speculative activities furnish: a)Turnover from Speculative activities b)Gross Profit, c)Expenditure d)Net Income from speculative activities CA Rajeev Sogani CIRC
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Reporting of Disallowance u/s 14A
CHANGES – BUSINESS / PROFESSION Additional Disclosures Separate reporting is required for income generated from partial agricultural and partial business operations. (Rule 7A,7B and 8 of Income Tax Rules) Turnover as per GST Return and the GSTIN Number of the assessee is to be reported Reporting of Disallowance u/s 14A If an assessee is liable to Audit under any act other than the Income-Tax Act, then assessee has to mention the Act, Section and Date of furnishing the Audit Report If assessee is not liable to maintain books of accounts u/s 44AA, furnish: Gross Receipt ,Gross Profit, Expense and Net Profit CA Rajeev Sogani CIRC
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Separate reporting of interest paid to partners by firms
CHANGES – BUSINESS / PROFESSION Earlier requirement of Reporting Deleted Reporting of business transactions with registered and unregistered suppliers (under GST) Separate reporting of interest paid to partners by firms CA Rajeev Sogani CIRC
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CHANGES - CAPITAL GAINS
Relevant Forms: ITR-2,3,5,6 Transfer of Immovable property Furnishing of information of Buyer is mandatory Name and PAN Percentage share in case of joint buyer Address and Pincode of the property Amount CA Rajeev Sogani CIRC
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CHANGES - INCOME FROM OTHER SOURCES
CA Rajeev Sogani CHANGES - INCOME FROM OTHER SOURCES Relevant Forms: ITR-2,3,4,5,6,7 Taxable amount of recognized PF need to be reported assessment year wise along with: a) Income benefit b) Tax benefit Mandatory to specify nature of each taxable Income. Disclosure of deduction claimed for Family Pension u/s 57(ii)(a) CA Rajeev Sogani CIRC CA Rajeev Sogani
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CHANGES - INCOME FROM OTHER SOURCES
Relevant Forms: ITR-2,3,4,5 Separate Reporting of Interest Income: Saving bank deposits Deposits (i.e., fixed deposits, etc.) Income-tax Refund In the nature of pass through income Others Disclosures of: a) Accrual or receipt of dividend income taxable under Section 115BBDA b) Income by way of winnings from lotteries, crossword puzzle etc. CA Rajeev Sogani CIRC
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CHANGE- DEDUCTION/EXEMPTIONS
Specific disclosure for deduction u/s 80GGA with following information: a) Relevant Clause under which deduction is claimed b)Name, Address and PAN of donee c) Amount of donation made in Cash and in other mode Reporting of donation u/s 80G a) Donation made in cash b) Donation made by other mode Deduction u/s 10AA is to be allowed from Total Income of Assessee and not from the Total Income from the Eligible Undertaking CA Rajeev Sogani CIRC
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CHANGE- PRESUMPTIVE TAXATION
Additional Information u/s 44AD/44ADA/44AE is to be furnished: a) Name of business b) Business code c) Description of business Separate schedules to report income taxable on presumptive basis u/s 44AD, 44ADA, 44AE. CA Rajeev Sogani CIRC
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Changes pertaining to CA Rajeev Sogani CIRC
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CHANGES - TRUSTS Details of registration under any other law also required to be furnished. Reporting of Income not eligible for Section 11 exemption due to violation of Section 13(1)(c)/(d) Separate fields for claiming exemption u/s 10(23AAA), 10(23EC), 10(23ED), 10(23EE) have been inserted. CA Rajeev Sogani CIRC
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CHANGES - TRUSTS Schedule AI, ER and EC to be filed by trust/institutions claiming exemption u/s 11, 12, 10(23C) Schedule EC and ER require more details about expenditure incurred towards objects of trust / institution Schedule ER has been bifurcated into two categories viz. a) Establishment and Administrative Expenses, b)Expenses incurred towards objects of institution Further, separate segment has been incorporated in Schedules ER and EC for Source of Funds: a) Income derived from the property/income earned during previous year b) Income deemed as application in any preceding year c) Income of earlier years up to 15% accumulated or set apart d) Borrowed fund e) Others CA Rajeev Sogani CIRC
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CHANGES - TRUSTS MAT Reporting is not applicable as the schedule has been removed. - Reporting of “Aggregate Annual receipts” for projects/institutions run by assessee are not required. - Furnishing of Income and Expenditure statement in four Schedules IE – 1, 2, 3 and 4 Earlier Business Trusts and Investment Funds were filing ITR-7. However, from A.Y , they are supposed to file ITR – 5. CA Rajeev Sogani CIRC
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CHANGES TRIGGERED BY FINANCE ACT, 2018
CA Rajeev Sogani CIRC
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Change in E-filing Taxpayers whose Income was below Rs. 5 Lakhs were allowed to file their return physically. Every taxpayer shall file the income-tax return electronically except a super senior citizen (whose age is 80 years or above during the previous year ) who furnishes the return either in ITR-1 or ITR-4. But now CA Rajeev Sogani CIRC
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ITR 1 CHANGES -FINANCE ACT, 2018 Health and Education Cess @ 4%
Standard deduction (up to Rs. 40,000) from salary income. Sec 80TTB deduction (up to Rs. 50,000) to senior citizens CA Rajeev Sogani CIRC
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WHO CANNOT FILE ITR-1? If Agricultural Income > 5000
An assessee who held unlisted equity shares An assessee who is a director in a company. CA Rajeev Sogani CIRC
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ITR 2 CHANGES -FINANCE ACT, 2018
Changes Pertaining to Finance Act, 2018 ITR 2 Withdrawal of Sec 10(38) exemption, insertion of Sec 112A Health and Education 4% Standard deduction (up to Rs. 40,000) from salary income. Sec 80TTB deduction (up to Rs. 50,000) to senior citizens Schedule AMT inserted Section 54EC exemption on transfer of land or building only Tolerance band of 105% in case of transfer of land or building (Sec 50C) CA Rajeev Sogani CIRC
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ITR 3 CHANGES -FINANCE ACT, 2018
Changes Pertaining to Finance Act, 2018 ITR 3 Withdrawal of Sec 10(38) exemption, insertion of Sec 112A Section 54EC exemption on transfer of land or building only Tolerance band of 105% in case of transfer of land or building (Sec 50C) Gain/Loss from foreign exchange fluctuation (other than covered u/s 43A) shall be allowed u/s 43AA if in accordance with ICDS VI. Health and Education 4% Alternate Minimum 9% on units located in IFSC Marked-to-Market losses for listed securities as per ICDS-VIII. Such losses would not be allowable for unlisted or unquoted securities u/s 40A(13) Standard deduction (up to Rs. 40,000) from salary income. Sec 80TTB deduction (up to Rs. 50,000) to senior citizens CA Rajeev Sogani CIRC
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ITR 4 CHANGES -FINANCE ACT, 2018
Changes Pertaining to Finance Act, 2018 ITR 4 Standard deduction (up to Rs. 40,000) from salary income Health and Education 4% Sec 44AE amended Sec 80TTB deduction (up to Rs. 50,000) to senior citizens CA Rajeev Sogani CIRC
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WHO CANNOT FILE ITR-4? Person governed by Portuguese Civil Code
Non-Residents/Not ordinary resident If total Income > 50 Lakhs Person governed by Portuguese Civil Code Person claiming deduction u/s 80RRB/80QQB An assessee who is a director of a company or held unlisted equity shares CA Rajeev Sogani CIRC
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ITR 5 CHANGES -FINANCE ACT, 2018
Withdrawal of Sec 10(38) exemption, insertion of Sec 112A Section 54EC exemption on transfer of land or building only Tolerance band of 105% in case of transfer of land or building (Sec 50C) Gain/Loss from foreign exchange fluctuation (other than covered u/s 43A) shall be allowed u/s 43AA if in accordance with ICDS VI. Health and Education 4% Alternate Minimum 9% on units located in IFSC Marked-to-Market losses for listed securities as per ICDS-VIII. Such losses would not be allowable for unlisted or unquoted securities u/s 40A(13) CA Rajeev Sogani CIRC
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ITR 6 CHANGES -FINANCE ACT, 2018
Withdrawal of Sec 10(38) exemption, insertion of Sec 112A Section 54EC exemption on transfer of land or building only Tolerance band of 105% in case of transfer of land or building (Sec 50C) Concessional 25% for Small Domestic Companies (Turnover up to Rs. 250 Cr) Gain/Loss from foreign exchange fluctuation (other than covered u/s 43A) shall be allowed u/s 43AA if in accordance with ICDS VI. 30% on deemed dividend u/s 2(22)(e) Health and Education 4% Marked-to-Market losses for listed securities as per ICDS-VIII. Such losses would not be allowable for unlisted or unquoted securities u/s 40A(13) CA Rajeev Sogani CIRC
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ITR 7 CHANGES -FINANCE ACT, 2018 Health and Education Cess @ 4%
Claim of Depreciation as per Sec 11(6) Reporting of amounts disallowable u/s 40 or 40A CA Rajeev Sogani CIRC
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IMPACT ON ASSESSEE? CA Rajeev Sogani CIRC
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Impact on CA Rajeev Sogani CIRC
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Presented By: CA Rajeev Sogani Email ID: rsa@soganiprofessionals.com
Website:
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