What is ITR 5
TABLE OF CONTENT

In India, as a taxpayer, it is mandatory to file your income tax each year. There are various ITR forms for different sections of Taxpayers or Assesses, like ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6, ITR 7. In the below article, we will cover everything you need to know about what ITR 5 is and whether it is relevant to you.

Also read: ITR 4 – Meaning, Who Is Eligible And How To Pay

What Is ITR 5?

Specific section of taxpayers have to file ITR 5, an income tax return form, as mandated by the Income Tax Act. ITR 5 is meant for business firms, limited liability partnerships (LLPs), bodies of individuals (BOI), artificial juridical persons (AJP), association of persons (AOPs), estates of the deceased and bankrupt, business trusts, and investment funds.

Also read: ITR-1 vs. ITR-2: Differences and Uses Every Taxpayer Should Know

Who Is Eligible To File The ITR-5 Form?

Following section of taxpayers can file the ITR 5 form:
  • Firms
  • Local authorities
  • LLPs, i.e. Limited Liability Partnerships
  • Registered or cooperative society
  • BOI, i.e. Body of Individuals
  • Association of Persons
  • A business trust
  • Estate of deceased
  • Estate of insolvent
  • Artificial Juridical person as mentioned in section 2(21)(vi) of the Income Tax Act, 1961
  • Persons as defined in section 160(1)(iii)(iv) of Income Tax Act, 1961

Anyone who is a company, LLP, AOP, BOI, an artificial juridical person as defined in section 2(31)(vii), the estate of a decedent, estate of an insolvent, business trust and investment fund, cooperative society, or local government entity can use this form.

Also read: 3 Key Restrictions On Cash Transactions Under The Income Tax Act

Exceptions For ITR-5 Form

If you fall under the below category of taxpayers, you need not file ITR-5:
  • Individual taxpayers
  • HUF
  • Company
  • Those obligated to file tax returns under section 139(4A), 139(4B), 139(4C), 139(4D), 139(4E) or 139(4F) i.e. ITR 7 form.

ITR 5 includes all types of income other than those mentioned in Section 11 of the Indian Income Tax Act. This act lays down provisions for income related to religious or charitable property. Such purposes do not form part of the total income in the ITR 5 form.

Filing Income Tax Returns Using ITR 5 Form

Now that you know the meaning of ITR 5, it is important to understand how to file your returns correctly. The Income Tax Department must receive this return form online in the following ways: by providing the return electronically with a digital signature, by transferring the data electronically, and, finally, by submitting the return's verification in Return Form ITR-V.

You can file an income tax return with the ITR 5 form online in a simple and hassle-free manner.

Here is the process.

  • You must first visit the Income Tax department's e-filing website
  • Transfer the data in the return form and digitally sign the document if you wish to submit the verification electronically.
  • To verify an electronically filed ITR 5 form, it is mandatory to sign the document digitally

If the verification is not done electronically, you will have to print two copies of the ITR-V form. Send one copy to the address for verification: Post Bag No. 1, Electronic City Office, Bengaluru–560500 (Karnataka).

Keep the second ITR-V copy for your personal records.

You are not required to attach any document ( including TDS certification) while filing ITR-5. You should match your taxes, whether deducted, collected, or paid, with your Tax Credit Statement Form- 26AS. Audit liability under Section 44AB makes it compulsory for firms to file ITR 5 electronically with a digital signature.

E- Filing of audit reports

As an assessee reporting audits under Section 10(23C)(iv), 10(23C)(v), 10(23C)(vi), 10(23C)(via), 10A, 10AA, 12A(1)(b), 44AB, 44DA, 50B, 80-IA, 80-IB, 80-IC, 80-ID, 80JJAA, 80LA, 92E, 115JB or 115VW, you have to file the report electronically on or before the last date as determined by the Income Tax department.

Also read: Deductions Under Section 80J of the IT Act

Filling Verification Documents for ITR 5 – How to Fill it?

1. Fill out the ITR verification document with the required details.
2. Mark off all items that don't apply. Make sure the verification is signed before sending the return.
3. Choose the person who will be signing the return and their position or designation.

Note: Section 277 of the Income-tax Act of 1961 entails a prison sentence and a fine that may be used to prosecute anyone found guilty of filing a fake return or accompanying schedules.

Also read: A Brief Guide to Revising Your ITR and Verifying It

Due date for filing ITR 5

Always try to file your ITR 5 form before the given due dates of the assessment year:

  • Accounts audits under the Income Tax Act: 31st October
  • Report in Form no. 3CEB has to be furnished: 30th November
  • Other cases when accounts do not need to be audited: 31st July

Structure of the ITR 5 Form

Now that you understand what ITR-5 is and who needs to file the form, let’s break down its schedules. You must follow the sequence mentioned below when filling out the form:

  • Part A
  • Schedules
  • Part B
  • Verification
Here’s what the form entails:

  • Part A: Basic information
  • Part A-BS: Your Balance Sheet as of 31st March of the assessment year
  • Part A: Manufacturing a/c for the financial year
  • Part A: Trading a/c for the financial year
  • Part A-P&L: Profit & Loss a/c for the financial year
  • Part A-OI: Other information
  • Part A-QD: Your quantitative details
  • Part B

Know the 31 Schedules:

  • Schedule-HP: Computing income under "Income from House Property"
  • Schedule-BP: Computation of income under “profit and gains from business or profession”
  • Schedule-DPM: Computing depreciation on plant and machinery under the ITA
  • Schedule DOA: Calculating depreciation on assets as per the Income Tax Act
  • Schedule DEP: Overview of depreciation for various Assets as per the Income Tax Act
  • Schedule DCG: Calculating deemed capital gains from the sale of depreciable assets
  • Schedule ESR: Deduction under section 35 for expenditure on scientific research
  • Schedule-CG: Computing income under Capital gains.
  • Schedule-OS: Computing income under Income from other sources.
  • Schedule-CYLA: Income statement after set off of current year’s losses
  • Schedule-BFLA: Income statement after set off of unabsorbed loss carried forward from previous years.
  • Schedule- CFL: Loss statement carried forward to the coming years.
  • Schedule –UD: Unabsorbed Depreciation
  • Schedule ICDS: Impact of income computation disclosure standards(ICDS) on profit
  • Schedule- 10AA: Computing deduction under section 10AA
  • Schedule- 80G: Eligible donation for deduction under section 80G
  • Schedule- 80GGA: Donation details used for scientific research or rural development
  • Schedule- RA: Donations details made to research associations, etc.
  • Schedule- 80IA: Computing deduction under section 80IA
  • Schedule- 80IB: Computing deduction under section 80IB
  • Schedule- 80IC/ 80-IE: Computing deduction under section 80IC/ 80-IE.
  • Schedule 80P: Deductions falling under section 80P
  • Schedule-VIA: Summary of deductions under Chapter VIA from total income
  • Schedule –AMT: Computing Alternative Minimum Tax payable under section 115JC
  • Schedule AMTC: Computing tax credit under section 115JD
  • Schedule-SI: Income statement chargeable to tax at special rates
  • Schedule IF: Information regarding partnership firms where you are a partner
  • Schedule-EI: Income statement that is not included in total income, i.e. Exempt incomes
  • Schedule PTI: Income details from investment funds or business trusts under Section 115UA, 115UB
  • Schedule TPSA: Section 92CE(2A)- Secondary adjustment to transfer price
  • Schedule FSI: Income details from outside India and tax relief
  • Schedule TR: Details of tax relief claimed for taxes paid outside the country
  • Schedule FA: Foreign Assets and Income from any source outside India
  • Schedule GST: Information reported for GST regarding turnover or gross receipt
  • Part B – TI: Computing total income
  • Part B – TTI: Computing tax liability on your total income
  • Tax payments:
    • Payment details of advance tax and tax on self-assessment
    • Summary of tax deducted at source on income other than salary (16A, 16B, 16C)
    • Details of income collected at source

Changes in the ITR-5 Form in 2022-2023

Note the important changes in the ITR-5 Form below:

  • Tax Audit limit is increased to ₹10 Crores from ₹5 Crores, where cash transactions are less than 5% of the total transactions
  • Dividend received from AY 2021-2022 is taxable
  • Section 194N states TDS deductions for cash withdrawals is not permitted to be carried forward to the following years


Also read: 5 Penalties Every Taxpayer Must Know for Income Tax Defaults

Can you save more Tax??
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FAQs – Frequently Asked Questions


  • Who is eligible for the ITR 5 form ?

    The eligibility criteria for the ITR-5 form include:

    ● Firms
    ● LLPs
    ● Associations of Persons (AOPs)
    ● BOIs
    ● Artificial Judicial Persons
    ● Cooperative Societies
    ● Local Authorities
  • What are the new rules for ITR V ?

    The new rule states a new time limit for e-verification of ITR-V, which will be 30 days from the date of filing income returns. When you file returns on or before 31st July, the previous time limit of 120 days will continue to apply. This new rule is applicable on returns filed on or after 1st August.
  • Who is not eligible for ITR 5 ?

    If you file your income returns under Section 139(4A), 139(4B), 139(4C), or 139(4D), you do not need to use the ITR-5 form.
  • Can ITR-5 be revised ?

    You can file a revised return even if your ITR has been processed. The revised return must be filed online under Section 139(5) of the ITA.
  • Can ITR-5 be filed offline ?

    It is possible to file your ITR-5 form offline. Here’s what you need to do:

    Fill out a paper form or use a bar-coded return
    You will get an acknowledgement slip along with the return when filing on paper. Keep the slip in your personal record.

 

DISCLAIMER

The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.

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In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.

Postings and monitoring

The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.

If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com

Use of Cookies

You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.  

Facilities Changes and Discontinuation

The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

Compliance with the Law

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
  • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

Restrictions on Commercial Use or Resale

Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

No Endorsements

All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

Promotional Offers

You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

Charges for use of Website

There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

No Endorsement

You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.

In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

Electronic Communications

These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

Assignment

You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

Legal Disclaimers

The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

No Solicitation

No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an  amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

Statutory Disclosure

ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF.  Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

Force Majeure

The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

No Waiver

The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Exclusive Agreement

You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

Termination

Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

Governing Law and Jurisdiction

The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

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