Comprehensive Legal Commentary on Form 61A – Statement of Specified Financial Transactions (SFT)

Updated for Assessment Year 2025–26

“Compliance is the mirror of an entity’s integrity; Form 61A is one such reflection.”

1. Statutory Basis – Section 285BA of the Income-tax Act, 1961

Section 285BA was introduced by the Finance Act, 2003 and provides for obligation of specified persons to furnish a statement of financial transaction or reportable account to the income-tax authority or other prescribed authority in respect of specified financial transactions registered or recorded by them during the financial year.

This statement is filed using Form No. 61A, as prescribed under Rule 114E of the Income-tax Rules, 1962.

The primary objective is to capture high-value transactions that are likely to have a tax implication and facilitate risk-based profiling and compliance verification through tools like the Annual Information Statement (AIS) and Taxpayer Information Summary (TIS).

2. Interpretation of Section 285BA & Rule 114E

 Key Provisions:

• Section 285BA(1) mandates that a person responsible for registering or maintaining books containing a specified financial transaction must furnish a statement in respect of such transactions in a prescribed form and manner.

• Section 285BA(3) empowers the authority to notify new types of reportable transactions.

• Section 285BA(5) provides for issue of notice where no return is filed or incorrect information is furnished, requiring filing within 30 days.

• Rule 114E prescribes the nature of transactions, thresholds, and the reporting form (Form 61A).

3. Persons Required to Furnish Form 61A

As per Rule 114E(1), the following categories of persons are required to furnish Form 61A if the threshold conditions are met:

Category	Reporting Entities
Financial Institutions	Scheduled Banks, Co-operative Banks, NBFCs
Government Bodies	Post Master General, Registrar/Sub-Registrar under the Registration Act, 1908
Corporates	Companies issuing shares, bonds, debentures, or buyback
Mutual Fund Houses	Trustee/Manager of a Mutual Fund under SEBI (MF) Regulations
Forex & Travel Agents	Authorized Dealer under FEMA
Business Entities	Persons liable for tax audit u/s 44AB of the Income-tax Act

4. Reportable Transactions under Rule 114E – Thresholds for FY 2024–25

S. No.	Nature of Transaction	Threshold (Aggregate in FY)	Reporting Person
1	Cash deposit in current account	≥ ₹50,00,000	Bank / Co-op Bank
2	Cash deposit in SB/post office account	≥ ₹10,00,000	Bank / Co-op Bank / Post Master
3	Cash withdrawal from current account	≥ ₹50,00,000	Bank / Co-op Bank
4	Cash payments for DDs/POs/banker’s cheque	≥ ₹10,00,000	Bank / Co-op Bank
5	Time deposits (all accounts except renewals)	≥ ₹10,00,000	Bank / NBFC / Post Office / Nidhi
6	Credit card payments: Cash / Non-cash	≥ ₹1,00,000 / ₹10,00,000	Issuer of Credit Card
7	Purchase of bonds/debentures	≥ ₹10,00,000	Issuer Company
8	Purchase of shares	≥ ₹10,00,000	Issuer Company
9	Buyback of shares	≥ ₹10,00,000	Listed Company
10	Purchase of mutual fund units	≥ ₹10,00,000	Mutual Fund House
11	Purchase/sale of foreign currency	≥ ₹10,00,000	Authorized Dealer
12	Sale or purchase of immovable property	≥ ₹30,00,000 (or Stamp Value)	Sub-Registrar
13	Receipt of cash for goods/services	> ₹2,00,000	Any person liable to tax audit u/s 44AB

Interpretation:

• The term "aggregate" implies that reporting is not limited to a single transaction but is cumulative across the financial year.

• PAN and Aadhaar are compulsory identifiers for most SFT entries, failing which reporting is invalid.

5. Timeline for Furnishing Form 61A (AY 2025–26)

Compliance Year	Reporting Period	Due Date
AY 2025–26	1st April 2024 – 31st March 2025	31st May 2025

6. Filing Procedure – Reporting Portal

1. Registration: Register as a reporting entity at https://report.insight.gov.in with valid PAN, DSC, and principal contact details.

2. Preparation:

   • Download Report Generation Utility (RGU) and Generic Submission Utility (GSU).

   • Validate data as per the prescribed schema and prepare the XML file.

3. Digital Signature: Sign and encrypt the file using GSU and DSC.

4. Upload and Acknowledgment: Upload XML, and upon validation, receive acknowledgment number on the portal and registered email.

Best Practice: Keep the Acknowledgment and XML securely archived for 6 years for audit and litigation readiness.

7. Penalties for Non-Compliance

Default	Relevant Section	Penalty
Non-filing by due date	Section 271FA	₹500 per day
Continued default after notice	Section 285BA(5)	₹1,000 per day
Furnishing inaccurate/incomplete information	Section 271FAA	₹50,000

Case Law Insight:

In M/s XYZ Pvt. Ltd. v. ITO, non-filing of SFT due to technical errors was still penalized. The court held that ignorance of procedural compliance is not a valid excuse when thresholds are met.

8. Voluntary Nil Reporting – A Strategic Practice

Though not statutorily mandated, furnishing a Nil SFT:

• Demonstrates transparency

• Prevents future notices

• Establishes internal control practices

Recommended for corporates, NBFCs, and mutual fund houses who anticipate transactions below threshold.

9. Contents & Structure of Form 61A

Part	Description
Part A	Entity-level details (PAN, category, address, responsible person)
Part B	Person-based reporting (e.g. mutual funds, bonds, shares)
Part C	Account-based reporting (e.g. bank accounts, time deposits)
Part D	Transaction-based reporting (e.g. property sale/purchase, cash for goods/services)

Each part must be filled meticulously to avoid validation failure.

10. Strategic Tips for Compliance Teams

• Implement SOPs for monthly tracking of transactions crossing thresholds.

• Use PAN/Aadhaar validation APIs to avoid rejections.

• Ensure inter-departmental coordination (Finance, Legal, Compliance).

• Review previous year SFT and reconcile with AIS/TIS to eliminate mismatches.

11. Budget 2024–25 Update (AY 2025–26)

As of April 2025, no amendments have been made to Section 285BA or Rule 114E. The thresholds and transaction categories remain unchanged. However, the ITD has strengthened data integration across PAN, GST, TDS, and SFT systems.

Expect stricter matching algorithms under AIS and TIS for FY 2024–25.

12. Conclusion – The Legal and Ethical Imperative

Form 61A compliance is not merely a statutory formality—it is the cornerstone of financial transparency, tax accountability, and reputational integrity. In an age where digital data drives assessments, omissions or inaccuracies can lead to litigation, audits, or reputational risks.

“Report not only to comply, but to control the narrative of your tax profile.”

For SFT _Compliance_Tracker_AY2025-26.xlsx please write to us

 

Analysis of Aggregated Jewellery Transactions Paid via NRE Account: Interpretations under Income Tax Act, GST Law, FEMA, and PMLA

Legal and Regulatory Compliance in respect of a Single Jewellery Sale of ₹4.5 Lakhs Paid via NRE Account 

I. Statement of Facts

A jeweller registered in India has made a sale of gold jewellery worth ₹4,50,000 (Rupees Four Lakhs Fifty Thousand only) to a buyer, who remitted payment through an NRE (Non-Resident External) account via banking channels. This transaction is one of multiple transactions made by the same buyer, i.e., part of an aggregate of multiple jewellery purchases.

The jeweller is duly registered under the GST regime, and GST was charged and invoiced on the transaction.

II. Legal Issues Involved

1. Whether multiple purchases aggregating to a higher amount attract any restriction under Section 269ST of the Income Tax Act, 1961, despite individual payments being below the threshold.

2. Whether the jeweller must comply with any reporting or KYC obligations under PMLA, owing to aggregate transaction value.

3. Whether payments from the buyer’s NRE account for multiple transactions are compliant under FEMA and RBI Master Directions.

4. Whether any additional compliance is triggered under GST law due to the buyer's NRI status or transaction structure.

III. Legal Analysis and Interpretation

1. Income Tax Act, 1961

Section 269ST – Mode of Undertaking High-Value Transactions

Text of Law:
“No person shall receive an amount of two lakh rupees or more in respect of a single transaction or in respect of transactions relating to one event or occasion from a person, otherwise than by an account payee cheque or an account payee bank draft or use of electronic clearing system…”

✅ Interpretation with Aggregation:

Where multiple transactions are made by the same buyer for the same event or occasion, e.g., bridal jewellery or marriage-related purchases, the aggregate amount is considered under Section 269ST.

CBDT Clarification (Circular No. 22/2017, dated 3.07.2017):
Even if the buyer makes multiple payments under ₹2 lakh each, if they are related to a single event/occasion, the threshold of ₹2 lakh applies on an aggregate basis.

✅ Application to Present Case:

• If each payment is made via bank transfer (such as NEFT from NRE account), Section 269ST is not violated.

• No cash transaction is involved, and hence no prohibition applies under Section 269ST, even when transactions are aggregated.

✅ Conclusion:

✔ The total value is irrelevant under Section 269ST if all payments are through permitted banking modes (which includes NRE accounts via NEFT/RTGS/etc.).

2. Goods and Services Tax Act, 2017

Sections 9, 22, 31 – Levy, Registration & Invoicing

• The jeweller is liable to collect 3% GST on gold jewellery and 5% on making charges, if separately charged.

• As transactions are not exports (goods delivered in India), these are taxable domestic supplies.

• The buyer being an NRI does not exempt the supply from GST unless it qualifies as an export under Section 2(5) (which requires physical movement outside India and foreign currency realisation).

✅ Conclusion:

✔ All transactions, irrespective of buyer's NRI status, are taxable under GST if goods are delivered in India. Each transaction must be properly invoiced, disclosed in GSTR-1, and reflected in GSTR-3B.

3. FEMA, 1999 & RBI Master Directions

Section 6 & Deposit Regulations under NRE Account Use

NRE accounts are intended to allow NRIs to freely repatriate and use foreign-earned funds. RBI permits use of NRE accounts for:

• Local payments in India in INR for personal purposes.

• Purchase of goods and services for personal consumption.

✅ Key RBI Circulars:

• Master Direction – RBI/FED/2015-16/7, updated regularly, permits use of NRE balances for legitimate transactions in India.

✅ Application to Case:

• Use of NRE funds for multiple purchases of jewellery for personal use is not restricted under FEMA.

• No prior permission or reporting is required by the seller.

✔ Jeweller must retain proof of payment (NEFT/RTGS receipt, UTR number) evidencing that the payment was from an NRE account.

4. Prevention of Money Laundering Act, 2002 (PMLA)

PMLA Coverage for Jewellers – Notification dated 28.12.2020

As per the Finance Ministry Notification S.O. 2036(E) dated 28.12.2020:

• Jewellers are covered as “reporting entities” under PMLA when engaged in:

  “Cash transactions above ₹10 lakh in a single instance or in series of transactions integrally connected.”

✅ Application to Present Case:

• If all transactions are non-cash, and none exceed ₹10 lakh individually in cash, jeweller is not required to report.

• However, for transactions aggregating above ₹10 lakh, it is advisable to:

  • Maintain KYC of buyer (passport, address proof).

  • Document purpose of purchase if linked to any single event (e.g., wedding).

✅ Conclusion:

✔ No PMLA reporting is triggered in this case if all payments are through bank (even cumulatively), but voluntary KYC is strongly advised.

IV. Legal Summary Table

Law	Provision	Applicability (Aggregate Transactions)	Compliance Required
Income Tax Act, 1961	Section 269ST	✅ Not attracted if banking channel used even for multiple payments	Maintain UTR/NEFT proofs
GST Act, 2017	Sec. 9, 22, 31	✅ GST applicable per transaction; aggregation not relevant	Invoice, GSTR-1 & 3B
FEMA & RBI	FEMA Sec. 6, RBI Directions	✅ NRE account use allowed for lawful INR payments	Retain proof of remittance
PMLA, 2002	MOF Notification & Sec. 2(1)(s), 12	✅ No mandatory reporting if no cash & below ₹10L per transaction	Voluntary KYC suggested

Final Compliance Conclusion

In the present case, the sale of jewellery worth ₹4.5 lakh, even if part of multiple transactions aggregating to higher sums, is legally valid and compliant under Indian tax and foreign exchange laws provided:

• All payments are received via banking channels (including NRE accounts),

• GST is properly levied, invoiced, and filed,

• No single cash transaction exceeds ₹10 lakh, thus avoiding PMLA applicability,

• Documentation such as buyer identity (especially for NRIs), invoice, and payment trail is retained for audit and internal compliance.

✅ No contravention arises under Section 269ST, FEMA, GST Act, or PMLA.

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Repayment of Loan in Cash – Legal Boundaries and Reasonable Cause Exception:

Case: Kamaljeet Kaur Gill v. JCIT – [2025] 174 taxmann.com 17 (Chhattisgarh High Court)

Introduction

Cash transactions are closely monitored under Indian tax laws to prevent tax evasion and promote transparency. Among the key statutory restrictions is Section 269T of the Income-tax Act, 1961, which prohibits the repayment of loans or deposits of ₹20,000 or more in cash. Violation of this provision invites penalty under Section 271E, equal to the amount repaid.

However, the law also recognizes genuine hardship through Section 273B, which provides that no penalty shall be imposed if there was a “reasonable cause” for the default. In a recent and significant ruling, the Chhattisgarh High Court offered clarity on this exemption by accepting lender-driven compulsion as a “reasonable cause.”

Statutory Framework

Section 269T – Mode of Repayment

Section 269T mandates that no person shall repay any loan, deposit, or specified advance of ₹20,000 or more otherwise than by:

• Account payee cheque,

• Account payee bank draft,

• Electronic clearing system through a bank account, or

• Prescribed electronic modes.

Objective: To curb black money and ensure traceable financial transactions.

Section 271E – Penalty for Contravention

If Section 269T is violated, Section 271E imposes a penalty equal to the amount repaid in contravention. The penalty is imposed by the Joint Commissioner and is categorized as a civil liability, not criminal punishment.

Importantly, as part of Chapter XXI (penal provisions), Section 271E is subject to strict interpretation, as consistently held by courts.

Section 273B – Reasonable Cause Clause

Section 273B provides relief by stating:

“No penalty shall be imposable... if the assessee proves that there was reasonable cause for the said failure.”

• The term “reasonable cause” is not statutorily defined.

• Courts interpret it to mean a bona fide, compelling reason preventing compliance by a prudent person under normal circumstances.

Judicial Analysis: Kamaljeet Kaur Gill’s Case

Factual Summary

• The assessee repaid loan instalments in cash exceeding ₹20,000.

• The financer insisted that repayments be made in cash.

• The Assessing Officer imposed penalty under Section 271E for violating Section 269T.

• Both the CIT(A) and ITAT upheld the penalty.

• The assessee appealed to the High Court.

High Court’s Ruling

The High Court emphasized several important legal principles:

1. Strict Construction of Penal Law:
   Section 271E being penal, must be applied narrowly and fairly. A mere technical breach without dishonest intent does not automatically warrant penalty.

2. Purpose of Section 273B:
   The Court reaffirmed that the purpose of Section 273B is to prevent hardship to bona fide taxpayers who acted under circumstantial compulsion or commercial necessity, and not to penalize honest conduct.

3. Lender’s Compulsion as Reasonable Cause:
   The assessee’s inability to repay via banking channels was due to the lender’s insistence on cash. The Court held that this external compulsion constituted a reasonable cause under Section 273B.

4. Bona Fide and Genuine Transaction:
   Since there was no intent to conceal, no evasion of tax, and the transaction was genuine, the breach was technical, not willful.

Held: The penalty under Section 271E was not leviable as the assessee had established a “reasonable cause” within the meaning of Section 273B.

Legal Principle Emerged

Provision	Mandate / Consequence	Exception via Section 273B
Section 269T	Restricts cash repayment of loans ≥ ₹20,000	Must repay through bank/digital mode
Section 271E	Penalty = Amount repaid in violation	Strictly construed as penal
Section 273B	No penalty if reasonable cause proven	Includes external compulsion, bona fide business conduct

This decision strengthens the proposition that commercial realities, if documented and reasonable, can be valid grounds for relief from penal provisions.

Implications for Taxpayers

• Substance Over Form: Where the intent is honest and the transaction is genuine, courts will favor substance over technical formality.

• Documentary Evidence Crucial: Taxpayers relying on Section 273B must demonstrate compulsion or hardship with evidence – e.g., lender communication, cash receipts, or business records.

• Not a Blanket Exemption: This ruling does not license indiscriminate cash transactions. It merely upholds fairness in specific circumstances of compulsion beyond control.

Conclusion

The Chhattisgarh High Court’s ruling in Kamaljeet Kaur Gill v. JCIT is a welcome affirmation of taxpayer rights under the reasonable cause doctrine. It sends a clear message: penalty is not to be imposed mechanically; rather, it must be based on intention, conduct, and commercial reality.

Tax professionals and businesses should take note of this judgment when advising clients on penalty exposure under Sections 269T and 271E. Where compliance fails due to genuine business compulsions, Section 273B remains a strong shield, provided the conduct is bona fide and properly documented

May 2025 Compliance Calendar: Income Tax, TDS, GST & MCA

As we step into May 2025, businesses and individuals must navigate various compliance requirements across Income Tax, TDS, GST, and MCA. Staying on top of these deadlines is crucial to avoid penalties and ensure seamless operations. This calendar provides you with accurate and timely deadlines, so you can effectively manage compliance for the month of May 2025. 

Income Tax & TDS Compliance

Date	Compliance Area	Form / Action	Description
7 May 2025	TDS/TCS Deposit	TDS/TCS Payment	Due date for depositing tax deducted or collected during April 2025. Government offices must deposit on the same day if paid without a challan.
7 May 2025	TCS Declaration	Form 27C	Upload declarations under Section 206C(1A) for non-deduction of TCS for April 2025.
15 May 2025	TDS Certificates	Form 16, 16A (194-IA, 194M, 194S)	Issue TDS certificates for tax deducted in March 2025 under specified sections.
15 May 2025	Government TDS Filing	Form 24G	Government offices paying TDS/TCS for April 2025 without challan must file Form 24G.
15 May 2025	TCS Filing (Q4 FY 2024–25)	Quarterly TCS Statement	File quarterly statement of TCS collected during January–March 2025.
30 May 2025	TDS Challan-cum-Statement	Challan-cum-Statement (Form 27)	File TDS challan-cum-statement for April 2025 under sections 194-IA, 194-IB, 194M, 194S.
30 May 2025	TCS Certificate (Q4)	TCS Certificate	Issue TCS certificates for the January–March 2025 quarter.
30 May 2025	Entertainment Sector	Form 52A / Statement u/s 285B	Statement of payments to actors/producers for FY 2024–25.
31 May 2025	TDS Return (Q4)	Quarterly TDS Return (Form 24Q, 26Q, etc.)	Quarterly filing of TDS returns for Jan–Mar 2025.
31 May 2025	Trusts	Form 9A / Form 10	Apply income for future years / Accumulate income.
31 May 2025	SFT Reporting	Form 61A	Statement of Financial Transactions for FY 2024–25.
31 May 2025	FATCA/CRS	Form 61B	Report foreign reportable accounts for calendar year 2024.
31 May 2025	PAN Compliance	PAN Application	Mandatory PAN application for entities/persons with transactions ≥ ₹2.5 lakh in FY 2024–25.
31 May 2025	Donations	Form 10BD / 10BE	Submit statement and issue donation certificates for FY 2024–25.
31 May 2025	Zero Coupon Bonds	CA Certificate	Reporting of investments u/s 2(48).

GST Compliance

Date	Compliance Area	Form / Action	Description
10 May 2025	GST Filing (TDS/TCS)	GSTR-7 & GSTR-8	File GSTR-7 (TDS returns) and GSTR-8 (TCS returns) for April 2025.
11 May 2025	GST Filing (Monthly)	GSTR-1	File GSTR-1 for April 2025 (mandatory for taxpayers with turnover exceeding ₹5 crore or those opting for monthly filing).
13 May 2025	GST Filing (QRMP)	Invoice Furnishing Facility (IFF)	Optional filing for QRMP taxpayers, reporting invoices for April 2025.
20 May 2025	GST Filing (Monthly)	GSTR-3B	File GSTR-3B for April 2025 (for taxpayers who file monthly returns).
25 May 2025	GST Payment (QRMP)	PMT-06	Payment of tax by QRMP taxpayers for April 2025 using the PMT-06 challan.
31 May 2025	GST Compliance	ITC-03	Filing for reversal of input tax credit by taxpayers opting into the Composition Scheme for FY 2025–26.

MCA Compliance

Date	Compliance Area	Form / Action	Description
30 May 2025	Deposit Reporting	DPT-3	Report details of deposits and outstanding monies as of 31 March 2025 (await confirmation from MCA).
30 May 2025	Share Capital Audit	PAS-6	Reconciliation of share capital audit report for the half-year ending 31 March 2025.

Additional Notes

• GST Due Dates are consistent unless amended by a government notification.

• MCA forms like DPT-3, MSME Form 1, and LLP Form 11 may have deadlines in May—please verify on MCA portal.

• Forms 9A, 10, 10BD, and 10BE are crucial for charitable and religious trusts.

• PAN compliance is mandatory for individuals/entities involved in transactions ≥ ₹2.5 lakh in FY 2024–25.

• Form 61A and 61B are mandatory for reporting entities, including banks, NBFCs, depositories, mutual funds, registrars, etc.

 

New ITR Forms Notified for AY 2025–26

A Comprehensive Analysis of Key Changes, Applicability, and Strategic Considerations

Issued by: Central Board of Direct Taxes (CBDT)
Notification: Income-tax (Twelfth Amendment) Rules, 2025
Effective from: 1st April 2025
Legal Authority: Rule 12 of the Income-tax Rules, 1962

Overview

The Central Board of Direct Taxes (CBDT) has notified revised Income Tax Return (ITR) Forms ITR-1 (Sahaj) and ITR-4 (Sugam) for Assessment Year (AY) 2025–26, via the Income-tax (Twelfth Amendment) Rules, 2025. These forms are applicable for income earned during Financial Year (FY) 2024–25, and introduce important structural, compliance, and disclosure updates relevant for resident individuals and small taxpayers.

The Appropriate Form 

ITR-1 (Sahaj) – For Resident Individuals (Excl. Not Ordinarily Resident)

Eligible if all of the following apply:

• Total income ≤ ₹50 lakh

• Income sources:

  • Salary/Pension

  • One house property

  • Other sources (e.g., interest)

  • LTCG u/s 112A up to ₹1.25 lakh

  • Agricultural income ≤ ₹5,000

Not eligible if:

• Director in a company

• Holds unlisted shares

• Has foreign assets/income

• Claiming tax relief for ESOPs

• Covered under Section 194N

ITR-4 (Sugam) – For Presumptive Income Taxpayers

Applicable to:
Resident Individuals / HUFs / Firms (excluding LLPs) who:

• Opt for presumptive taxation under Sections 44AD, 44ADA, 44AE

• Have total income ≤ ₹50 lakh

• Earn LTCG u/s 112A not exceeding ₹1.25 lakh

Not eligible if:

• Director in a company

• Owns foreign assets or earns foreign income

• Agricultural income > ₹5,000

• Not ordinarily resident or a non-resident

Changes Introduced (AY 2025–26)

1. Capital Gains under Section 112A (up to ₹1.25 lakh)

• Taxpayers earning LTCG from listed securities up to ₹1.25 lakh can now file ITR-1 or ITR-4.

• Mandatory reporting includes ISIN, acquisition cost, and sale consideration.

2. Expanded Scope of Mandatory Return Filing [Section 139(1)(vii)]

Return filing becomes mandatory, even below basic exemption limit, if:

• Deposits in current accounts > ₹1 crore

• Foreign travel expenses > ₹2 lakh

• Electricity bill payments > ₹1 lakh

3. Opt-Out of New Tax Regime (Section 115BAC)

• Taxpayers opting out of the default regime must file Form 10-IEA before the due date as per Section 115BAC(6).

4. Detailed Income & Deduction Disclosures

• Clearer fields for:

  • Salary breakup (basic, allowances, etc.)

  • House property interest

  • Source-wise interest income

  • Section-wise deductions under Chapter VI-A (80C, 80D, 80G, etc.)

5. Comprehensive Bank Account Reporting

• All non-dormant bank accounts held during the year must be disclosed (including account number, IFSC, etc.).

6. TDS/TCS Reconciliation Requirement

• Mandatory matching of credit with Form 26AS, AIS, Form 16/16A.

7. Schedule AL (Assets & Liabilities)

• Required in ITR-4 if income exceeds ₹50 lakh.

• Must disclose immovable assets, jewellery, vehicles, shares, loans, and liabilities.

Comparative Table of ITR Forms – AY 2025–26

Feature	ITR-1 (Sahaj)	ITR-4 (Sugam)	ITR-2	ITR-3
Applicable To	Resident Individuals (excluding NOR)	Resident Individuals, HUFs, Firms (Non-LLP) under presumptive scheme	Individuals/HUFs not eligible for ITR-1	Individuals/HUFs with income from business/profession
Income Limit	Up to ₹50 lakh	Up to ₹50 lakh	No limit	No limit
Allowed Sources of Income	Salary, one house property, other sources, LTCG u/s 112A, Agri ≤ ₹5K	Presumptive business income (44AD/ADA/AE), LTCG u/s 112A, Agri ≤ ₹5K	Salary, house property, capital gains, other income, foreign	Business/professional, capital gains, foreign, other incomes
LTCG under Section 112A (≤ ₹1.25L)	✅ Allowed	✅ Allowed	✅ Allowed	✅ Allowed
Foreign Assets/Income	❌ Not Allowed	❌ Not Allowed	✅ Allowed	✅ Allowed
Company Directorship	❌ Not Allowed	❌ Not Allowed	✅ Allowed	✅ Allowed
Unlisted Equity Holding	❌ Not Allowed	❌ Not Allowed	✅ Allowed	✅ Allowed
Audit Requirement	❌ Not Applicable	✅ If turnover > limits or opting out of presumptive scheme	✅ If conditions met	✅ If turnover exceeds audit threshold
Schedule AL (Assets & Liabilities)	❌ Not Required	✅ Required if income > ₹50 lakh	✅ Required if income > ₹50 lakh	✅ Required if income > ₹50 lakh
Form Complexity	Simple	Simple to Moderate	Moderate	Complex

Strategic Cautions

• Loss Reporting: ITR-1/4 restrict set-off of house property loss to ₹2,00,000. Use ITR-2/3 if claiming higher set-off.

• Incorrect Form = Defective Return: Can lead to notices under Sections 139(9), 142(1), 148, or 153A.

• Business Audit: If business turnover exceeds ₹1 crore (or ₹10 crore if cash receipts <5%), audit under Section 44AB becomes mandatory.

• Mismatch in TDS/TCS and AIS can trigger scrutiny – always reconcile before filing.

Conclusion

The updated ITR-1 and ITR-4 forms are designed for simplicity but come with enhanced disclosure obligations. Taxpayers must exercise caution while selecting the appropriate form, especially in light of new inclusions like capital gains, mandatory filing thresholds, and opt-in/opt-out from new tax regimes.

Navigating the Phase-3 GST Compliance: HSN Reporting and Document Issuance for May 2025

As the Goods and Services Tax (GST) framework evolves into a more data-centric and audit-ready system, the Central Board of Indirect Taxes and Customs (CBIC) has introduced Phase-3 of GSTR-1/1A compliance, effective from the May 2025 tax period onwards. This phase mandates HSN-wise outward supply reporting (Table 12) and document issuance summary reporting (Table 13) across all registered taxpayers.

This article presents a clear understanding of the legal foundation, interpretation of obligations, and compliance procedures—crucial for every GST-registered business.

Legal Foundation: CBIC Notification & GST Law Basis

The reporting framework is rooted in the following key legal provisions:

• Section 37 of the CGST Act, 2017 – Governs the furnishing of outward supply details in GSTR-1.

• Rule 59 of the CGST Rules, 2017 – Specifies the content and format of GSTR-1 returns.

• Notification No. 78/2020 – Central Tax dated 15.10.2020 – Prescribes mandatory HSN code reporting thresholds.

• Notification No. 14/2022 – Central Tax dated 05.07.2022 – Introduces Table 12 (HSN Summary) and Table 13 (Document Summary) in revised GSTR-1 schema.

• Circulars/FAQs issued by GSTN and CBIC – Provide implementation clarifications and tech updates.

HSN Reporting in Table 12 – Legal Obligation & Compliance

From May 2025, businesses must mandatorily fill Table 12: HSN-wise Summary of Outward Supplies in GSTR-1, based on their Aggregate Annual Turnover (AATO):

AATO Threshold	Minimum Digits of HSN Code Required
Up to ₹5 crore	4-digit HSN code
More than ₹5 crore	6-digit HSN code

As per Notification 78/2020-Central Tax, failure to report correct HSN codes can attract penal consequences under Section 122 of CGST Act for furnishing incorrect returns.

Mandatory Fields to Report under Table 12:

• HSN Code (4/6 digits based on turnover)

• Description of goods/services

• UQC (Unit Quantity Code)

• Total quantity

• Taxable value

• Rate-wise breakup of IGST/CGST/SGST

Interpretation Note:
The compliance intent is to standardize classification, improve inter-state data reconciliation, and reduce tax evasion through invoice-level analytics.

Document Issuance Reporting in Table 13 – Purpose & Procedure

Table 13 of GSTR-1 requires businesses to report document issuance summary during the tax period. It applies uniformly to all taxpayers irrespective of turnover.

Documents to be reported:

• Invoices (B2B, B2C large/small, exports, etc.)

• Credit Notes & Debit Notes

• Delivery Challans

• Inward supply invoices received from unregistered persons (self-invoicing)

• Receipt Vouchers, Refund Vouchers, Payment Vouchers, etc.

Details Required:

For each document type:

• Opening serial number

• Closing serial number

• Total number issued

• Total number cancelled

• Net issued documents

Compliance Insight:
Under Rule 56(1)(v) of CGST Rules, businesses must maintain a register of all invoices and serially numbered documents. Table 13 strengthens enforcement by digitally tracking issuance integrity.

Procedural Steps to Ensure Compliance

Action Area	Recommended Steps
1. HSN Code Classification	Conduct an HSN audit of all goods/services. Use CBIC’s official GST Tariff 2024 as reference.
2. ERP / Software Update	Update accounting systems to support Table 12 and Table 13 auto-population. Ensure UQC & tax rate tagging.
3. Document Series Management	Maintain single or multiple series for each document type. Ensure serial continuity and cancellation tracking.
4. Internal Training	Conduct in-house workshops for finance and tax personnel to interpret Table 12 & 13 correctly.
5. Pre-Filing Validation	Use the GSTR-1 offline tool or ERP integration to perform a test return before May 2025 submission.

Penal Implications for Non-Compliance

Non-Compliance	Consequence
Omission/misstatement of HSN code	Penalty u/s 122(1)(vii) – ₹10,000 or higher
Missing document summary	Notice or audit under Section 61/65
Repeated default	GST registration suspension under Rule 21A

The May 2025 transition to Phase-3 GSTR-1 compliance is not merely procedural—it reflects the government’s push toward digitally intelligent tax governance. Accurate HSN reporting and detailed document issuance tracking will soon be benchmarks for audit readiness and registration continuity.

Taxpayer Checklist:

• ✅ Classify HSNs correctly as per turnover slab

• ✅ Automate document tracking & issuance reports

• ✅ Train staff for new GSTR-1 tables

• ✅ Align ERP with Table 12 & 13 schema

• ✅ Monitor CBIC/GSTN updates for schema changes