Return in Saral II (ITR-1)
S.D. Singh
(Querist) 02 July 2010
This query is : Resolved
ITO not accepting saral-II i.e. ITR-1 for the Income from other sources only. He is stating for filing ITR-1, you must have some income from salary also, otherwise filr ITR-2. Is he right. But in instructions with ITR-1, it is clearly mentioned that there is no such binding. Advice.
A V Vishal
(Expert) 02 July 2010
Instructions for filling out Income Tax Return FORM SARAL-II ITR-1
These instructions are guidelines for filling the particulars in this Return Form. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962.
1. Assessment Year for which this Return Form is applicable: This Return Form is applicable for assessment year 2010-2011 only, i.e., it relates to income earned in Financial Year 2009-10.
2. Who can use this Return Form
This Return Form is to be used by an individual whose total income for the assessment year 2010-11 includes:-
(a) Income from Salary/ Pension; or
(b) Income from One House Property (excluding cases where loss is brought forward from previous years); or
(c) Income from Other Sources (Excluding Winning from Lottery and Income from Race Horses).
Further, in a case where the income of another person like spouse, minor child, etc. is to be clubbed with the income of the assessee, this Return Form can be used only if the income being clubbed falls into the above income categories.
Kumar Thadhani
(Expert) 03 July 2010
Follow the instructions as given by expert Mr. Vishal.
S.D. Singh
(Querist) 03 July 2010
Poor replies. I know the instructions. I wanted to know whether ITO is right or not in view of instructions / law.
AMIT BAJAJ ADVOCATE
(Expert) 03 July 2010
You can file ITR 1 in your case provided income from other source donot include income from lottery or horce races.
The word used between salary, other source and one house property is "OR" which clears the position here
Vineet
(Expert) 05 July 2010
Dear Mr Singh, you are absolutely correct in your stand. But what to do with poor little AOs.
If the AO is still adamant in accepting the return in ITR-1, why don't you try online filing. It is much easier and provides other facilities such as access to form 26AS.
The other method is wait for Last week of July. The department will accept everything in those special counters.
soumitra basu
(Expert) 05 August 2010
Your ITO is bound to accept the Return in Form No. ITR1.
