Income Tax Return of Company/LLP
Companies registered and operating a business In India for profit must File Form ITR 6. Private limited companies, limited companies, and one person companies are required to file Form ITR6.
LLPs must file income tax return using Form ITR 5. Form ITR 5 can be filed online through the income tax website using the digital signature of the designated partner. After filing LLP tax return, it is advisable for the taxpayer to print two copies of Form ITR-V.
APPLICABILITY
ITR-5 Form can be used by Firms, Limited Liability Partnerships(LLPs), Association of persons(AOPs) and Body of Individuals(BOIs), Artificial Juridical Person, Cooperative society and Local authority, provided they are not required to file the return of income under section 139(4A) or 139(4B) or 139(4C) or 139(4D) (i.e., Trusts, Political party, Institutions, Colleges, etc.).
Individuals, HUFs (Hindu Undivided Families), Companies cannot use the ITR-5 Form.
ITR-6 Form can be used only by Companies. Only companies that are not claiming exemption under section 11 (Income from property held for charitable or religious purposes) can use the form to file their Tax Returns with the Income Tax Department of India.
PENALTY
Taxpayers who do not file their income tax return on time are subject to penalty and charged an interest on the late payment of income tax. Also, the penalty for late filing income tax return on time has been increased recently. The penalty for late filing income tax return is now as follows:
Late Filing between 1st August and 31st December – Rs.5000
Late Filing After 31st December – Rs.10,000
Penalty if taxable income is less than Rs.5 lakhs – Rs.1000
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Income Tax Return
DUE DATES
The due date for income tax return filing is 31st July of every year for individual taxpayers.
The due date for income tax return filing for companies and taxpayer requiring tax audit is 30th September.
Section 44AD of the Income Tax Act deals with tax audit under Income Tax Act.
PROCESS
1. ITR PREPARATION SOFTWARE FOR THE RELEVANT
ITR Preparation Software For The Relevant Assessment Year To Your PC / Laptop From The “Downloads” Page.
2. PREPARE THE RETURN
Prepare The Return Using The Downloaded Software.
3. GATHER ALL THE INFORMATION
Gather All The Information Regarding Your Income, Tax Payments, Deductions Etc.
4. PRE-POPULATE THE PERSONAL DETAILS
Pre-Populate The Personal Details And Tax Payments/TDS By Clicking On The ‘Pre-Fill’ Button. Compare With The Information You Have To Ensure That Nothing Is Left Out.
5. ENTER ALL DATA AND CLICK ON ‘CALCULATE’
Enter All Data And Click On ‘Calculate’ To Compute The Tax And Interest Liability And Final Figure Of Refund Or Tax Payable
6. IF TAX IS PAYABLE- REMEMBER
If Tax Is Payable- Remember To Pay Immediately And Enter The Details In Appropriate Schedule. Repeat Above Step So That Tax Payable Becomes Zero.
7. GENERATE AND SAVE THE INCOME TAX RETURN
Generate And Save The Income Tax Return Data In XML Format In The Desired Path/Place On Your PC/Laptop.
8.LOGIN TO E-FILING
Login To E-Filing Website With User ID, Password, Date Of Birth /Date Of Incorporation And Enter The Captcha Code.
9. GO TO E-FILE
Go To E-File And Click On “Upload Return”.
10. SELECT THE APPROPRIATE ITR
Select The Appropriate ITR, Assessment Year And XML File Previously Saved In Step 2 (Using Browse Button).
11. UPLOAD DIGITAL SIGNATURE CERTIFICATE (DSC)
Upload Digital Signature Certificate (DSC), If Applicable.
12. PLEASE ENSURE THE DSC
Please Ensure The DSC Is Registered With E-Filing.
13. CLICK ON
Click On “Submit” Button.
14. ON SUCCESSFUL SUBMISSION
On Successful Submission, ITR-V Would Be Displayed (If DSC Is Not Used). Click On The Link And Download The ITR-V. ITR-V Will Also Be Sent To The Registered Email. If ITR Is Uploaded With DSC, The Return Filing Process Is Complete. OR The Return Is Not Uploaded With DSC, The ITR-V Form Should Be Printed, Signed And Submitted To CPC Within 120 Days From The Date Of E-Filing. The Return Will Be Processed Only Upon Receipt Of Signed ITR-V. Please Check Your Emails/SMS For Reminders On .Non-Receipt Of ITR-V.
15. UPLOAD INCOME TAX RETURN
Upload Income Tax Return Process Is Complete Now.
16. TO PREPARE AND SUBMIT ITR ONLINE
To Prepare And Submit ITR Online, Please Follow The Below Steps :
17. LOGIN TO E-FILING
Login To E-Filing Website With User ID, Password, Date Of Birth /Date Of Incorporation And Captcha.
18. GO TO E-FILE
Go To E-File And Click On “Prepare And Submit ITR Online”.
19. ONLY ITRS
Only ITRs 1 And 4S Can Be Filled Online
20. SELECT THE INCOME TAX RETURN
Select The Income Tax Return Form ITR 1/ITR 4S And The Assessment Year.
21. FILL IN THE DETAILS
Fill In The Details And Click The “Submit” Button.
22. UPLOAD DIGITAL SIGNATURE CERTIFICATE
Upload Digital Signature Certificate (DSC), If Applicable.
23. PLEASE ENSURE THE DSC
Please Ensure The DSC Is Registered With E-Filing.
24. CLICK ON
Click On “Submit” Button.
25. ON SUCCESSFUL SUBMISSION
On Successful Submission, ITR-V Would Be Displayed (If DSC Is Not Used). Click On The Link And Download The ITR-V. ITR-V Will Also Be Sent To The Registered Email. If ITR Is Uploaded With DSC, The Return Filing Process Is Complete. OR The Return Is Not Uploaded With DSC, The ITR-V Form Should Be Printed, Signed And Submitted To CPC Within 120 Days From The Date Of E-Filing. The Return Will Be Processed Only Upon Receipt Of Signed ITR-V. Please Check Your Emails/SMS For Reminders On .Non-Receipt Of ITR-V.
26. THIS ENDS THE PROCESS
This Ends The Process Of Preparing & Submitting ITR Online By Taxpayer.
FREQUENTLY ASKED QUESTIONS
ITR-5 must be filed by firms, LLPs (Limited Liability Partnerships), AOPs (Association of persons) and BOIs (Body of Individuals), artificial juridical person, cooperative society and local authority.
ITR-5 cannot be filed by Taxpayers who fall under the below category :
Assessees who are required to file the return of income under section 139(4A) or 139(4B) or 139(4C) or 139(4D) (i.e., Trusts, Political party, Institutions, Colleges, etc.)
Individuals, HUFs (Hindu Undivided Families), Companies
ITR-5 form is to be used when the assessee is one of the following :
- Firms
- LLPs (Limited Liability Partnerships)
- AOPs (Association of persons)
- BOIs (Body of Individuals)
- Artificial juridical person
- Cooperative society
- Local authority
Due date for filing the income tax return is 31st August.
ITR-6 must be filed by companies that are not claiming exemption under section 11 (Income from property held for charitable or religious purposes)
ITR-6 cannot be filed by Taxpayers who fall under the below category :
- Individuals, Hindu Undivided Family (HUF), Firm, Association of Person (AOP), Body of Individuals (BOI), Local Authority and Artificial Judiciary Person
- Companies that claim exemption under section 11 (Income from property held for charitable or religious purposes)