Association of Persons (AOP) / Body of

Individuals (BOI) / Trust / Artificial Juridical

Person (AJP) for AY 2021-22
 Forms Applicable to Association of Persons (AOP) / Body of
Individuals (BOI) / Trust / Artificial Juridical Person (AJP) for
AY 2021-22
 

Disclaimer: The content on this page is only to give an overview /

general guidance and is not exhaustive. For complete details and
guidelines, please refer Income Tax Act, Rules and Notifications.

An Association of Persons (AOP) or a Body of Individuals (BOI), whether incorporated is treated as a

person u/s 2(31) of the Income Tax Act, 1961. It is important to note that an AOP or BOI shall be deemed
to be a person, whether or not, it was formed or established or incorporated with the object of deriving
income, profits or gains.

Trust created wholly for charitable or religious purposes are allowed various benefits under the Income
Tax Act, inter-alia, exemption u/s 11. 
 

Artificial Juridical Person - If an Assessee does not fall under any of the other categories that are included
in the definition of Person then it is regarded as an Artificial Juridical Person. These entities are not
natural persons but separate entities as per law. 

1. ITR-5

This form can be used by a Person being a:

1. Firm
2. Limited Liability Partnership (LLP)
3. Association of Persons (AOP)
4. Body of Individuals (BOI)
 1. ITR-5

5. Artificial Juridical Person (AJP) referred to in clause (vii) of

Section 2(31)
6. Local Authority referred to in clause (vi) of Section 2(31)
7. Representative Assessee referred to in Section 160(1)(iii) or (iv)
8. Cooperative Society 
9. Society registered under Societies Registration Act, 1860 or
under any other law of any State
10. Trust other than Trusts eligible to file Form ITR-7
11. Estate of Deceased Person
12. Estate of an Insolvent
13. Business Trust referred to in Section 139(4E) 
14. Investments Fund referred to in Section 139(4F)

Note: However, a person who is required to file the Return of Income

u/s 139(4A) or 139(4B) or 139(4D) shall not use this form.

2. ITR-7 

Applicable for Persons including Companies who are required to furnish

return u/s 139(4A) or Section 139(4B) or Section 139(4C) or Section
139(4D)

139(4A) –  139(4B) – 139(4C) –  139(4D) –

Income derived Chief Various entities University,
from Property held Executive like Research College or
under Trust wholly Officer of Association, News other
/ in part for every Agency, etc. Institution
charitable or Political mentioned in referred in
religious purposes Party Section 10 Section 35

Note: The category of persons whose income is unconditionally

 2. ITR-7 

exempt under various clauses of Section 10, and who are not
mandatorily required to furnish their Return of Income under the
provisions of Section 139, may use this form for filing return (for
instance - Local Authority).

Forms Applicable

1. Form 26AS - Annual Information Statement

Details provided in
Provided by
the form

 Tax Deducted / 
Collected at Source
 Advance Tax / Self-
Assessment Tax
Income Tax Department (It is available on the  Specified Financial
TRACES portal that may be accessed after Transactions
logging on to e-Filing portal or Internet Banking)
 Demand / refund
 Pending / Completed
proceedings

 
 2. Form 3CA-3CD

Details provided in
Provided by
the form

Report of Audit of
Accounts and
Taxpayer who is required to get their accounts Statement of
audited by an Accountant u/s 44AB. To be Particulars required to
furnished on or before 30th September of the be furnished u/s 44AB
Assessment Year of the Income Tax Act,
1961 

3. Form 3CB-3CD

Details provided in
Submitted by
the form

Report of Audit of
Accounts and
Taxpayer who is required to get his accounts Statement of
audited by an Accountant u/s 44AB. To be Particulars required to
furnished on or before 30th September of the be furnished u/s 44AB
Assessment Year of the Income Tax Act,
1961 

 
 4. Form 10B

Details provided in
Submitted by
the form

Audit Report U/S 12A (1)

(b) of the Income Tax
Taxpayer who is required to obtain a report Act, 1961, in the case of
from an Accountant u/s 12A(1)(b) of the charitable or religious
Income Tax Act, 1961, in the case of charitable trusts or institutions is
or religious trusts or institutions to be filed 1 month
before the due date for
filing ITR u/s 139(1)

5. Form 10BB

Details provided in
Submitted by
the form

Taxpayer who is required to obtain report from Audit Report u/s

an Accountant u/s 10(23C) of the Income Tax 10(23C) of the Income
Act, 1961 Tax Act, 1961, in case of
any fund or trust or
institution or any
university or other
educational institution
or any hospital or other
medical institution
referred to in sub-clause
 5. Form 10BB

(iv) or sub-clause (v) or

sub-clause (vi) or sub-
clause (via) of Section
10(23C) is to be filed 1
month before the due
date for filing ITR u/s
139(1)

6. Form 10

Details provided in
Submitted by
the form

Statement furnished
towards accumulation
or setting apart of
Charitable or religious trust or institution or income by a charitable
association or religious trust or
institution or association
towards specific
purpose

 
 7. Form 10A

Details provided in
Submitted by
the form

Application for
registration or
provisional registration
Charitable or religious Trust or institution or or intimation or approval
association or company or provisional
approval of charitable or
religious trust or
institution or association

8. Form 10G

Details provided in
Submitted by
the form

Application for Grant of

Approval or
continuance thereof to
Charitable or religious trust institution or fund
u/s 80G(5)(vi) of the
Income Tax Act, 1961

 
 9. Form 10BD

Details provided in
Submitted by
the form

Statement towards
particulars of donation
received for a particular
FY. To be furnished on
Charitable or religious Trust or before 31st May of
the FY immediately
following the FY in
which the donation is
received

10. Form 9A

Details provided in
Submitted by
the form

Charitable or religious trust Application furnished for

exercise of option under
clause (2) of explanation
to Section 11(1) where
application of income
falls short of 85% due to
non-receipt and needs to
be applied during the
previous year in which it
 10. Form 9A

is received

11. Form 16A

Details provided in
Provided by
the form

Form 16A is a Tax

Deducted at Source
(TDS) Certificate issued
quarterly that captures
Deductor to Deductee the amount of TDS,
Nature of Payments and
the TDS payments
deposited with the
Income Tax Department

Tax Slabs for AY 2021-22

Tax rates of AOP / BOI / AJP are given below, however they are subject to further conditions described
later. 
 

Note: Trusts which are not exempt from taxation as per relevant

provisions and require approvals / registrations under the Income Tax
Act, are assessed as AOP.
 

Total
Income Tax Rate
Income

Up to ₹
Nil
2,50,000

Ranging
between ₹
5% of income in excess of ₹ 2,50,000
2,50,001 - ₹
5,00,000

Ranging
between ₹
₹ 12,500 + 20% of income in excess of ₹ 5,00,000
5,00,001 - ₹
10,00,000

Above ₹
₹ 1,12,500 + 30% of income in excess of ₹ 10,00,000
10,00,000

Tax liability of AOP / BOI depends on whether or not share of members

of AOP / BOI are known. Accordingly, further applicable conditions are
as follows:

Nature of Member -
AOP / BOI - Assessed
AOP / BOI Assessed

Where income of none of the members Share of profits

Share
exceeds the maximum amount, which received by
 Nature of Member -
AOP / BOI - Assessed
AOP / BOI Assessed

is not chargeable to income tax (i.e.,

basic exemption limit), income of
AOP / BOI shall be taxable at a rate
applicable to an individual.

Income of AOP is assessed at

Maximum Marginal Rate where
income of any member of AOP / BOI
exceeds the maximum amount which
is not chargeable to income tax (i.e.,
basic exemption limit).

But if total income of any member of members is

AOP / BOI is taxable at a rate higher exempt in the
determined than Maximum Marginal Rate, then hands of the
income of AOP / BOI shall be members
chargeable to tax as follows:

 Portion of income attributable to

such member shall be taxable at
such high rate as applicable to
that member
 Balance portion of income shall
be taxable at the Maximum
Marginal Rate of tax (i.e., 30%
plus surcharge and HEC as
applicable)

Income is assessed at Maximum

The share of
Marginal Rate. However, if total income
Share income is
of any member is assessed at a rate
indeterminat exempt in the
higher than Maximum Marginal Rate,
e or unknown hands of the
income of AOP / BOI is assessed at that
member
higher rate

 
Surcharge, Marginal Relief and Health and Education cess

What is Surcharge?

Surcharge is levied on the amount of income tax at following rates if total

income exceeds specified limits: 

 10% - Taxable income above ₹ 50 lakh - Up to ₹ 10 crore

 15% - Taxable income above ₹ 1 crore - Up to ₹ 2 crore
 25% - Taxable income above ₹ 2 crore - Up to ₹ 5 crore
 37% - If taxable income above ₹ 5 crore
 Maximum Surcharge on income u/s 111A, 112A and 115AD is 15%

What is Marginal Relief?

Marginal Relief is relief from surcharge provided in case where the

surcharge payable exceeds the additional income that makes the person
liable for surcharge. The amount payable as surcharge shall not exceed
income earned exceeding ₹ 50 lakhs, 1 crore, 2 crore or 5 crore respectively

What is Health and Education cess?

Health and Education cess – An additional 4% Health and Education cess

is also applicable on the amount of income tax calculated according to the
above tax slabs plus surcharge (if any).

Note: An AOP / BOI who’s adjusted total income exceeds ₹ 20 lakh

shall be liable to pay Alternate Minimum Tax (AMT) at 18.5% of adjusted
total income (plus surcharge and Health and Education cess as
applicable), where the normal tax liability is less than 18.5% of
adjusted total income. 

 
Investments / Payments / Incomes on which I can get Tax
Benefit
Tax deductions specified under Chapter VI-A of the Income Tax Act.
 

80G

Deduction towards Donations made to certain funds, charitable

institutions, etc.

Donation are eligible for deduction under the below categories:

Witho 100% deduction
ut
any
limit
50% deduction

Subje
ct to 100% deduction
qualif
ying
limit 50% deduction

 
 80G

Note: No deduction shall be allowed under this section in respect of

donation made in cash exceeding ₹ 2000/-.

80GGA

Deduction in respect of certain donations for Scientific Research or

Rural Development.

Donation are eligible for deduction under the below categories:

Research Association or University, College or other Institution for:

 Scientific Research
 Social Science or Statistical Research

Association or Institution for:

 Rural Development
 Conservation of Natural Resources or for afforestation 

PSU or Local Authority or an Association or Institution approved by the

National Committee for carrying out any eligible project

Funds notified by Central Government for:

 Afforestation
 80GGA

 Rural Development

National Urban Poverty Eradication Fund as set up and notified by Central

Government

Note: No deduction shall be allowed under this section in respect of

donation made in cash exceeding ₹ 2000/- or if Gross Total Income
includes income from Profit / Gains of Business / Profession.

80GGC

Sum
contrib
uted to
Politica
l Party
or
Elector
al Trust
is
allowed Deduction of total amount paid through any mode other than
as cash
deducti
on

(uubjec
t to
certain
conditi
ons)
 

80IA

Underta
king
engaged 100% of profit for 10 consecutive AY falling within a period of 15 / 20 AY
in beginning with the AY in which Assessee develops / begins operating and
Developi maintaining infrastructure facility
ng,
Maintain
(No deduction shall be allowed if development, operation, etc. started after
ing and
specified dates for specified business)
Operatin
g any
Infrastru
cture
Facility
(only
Indian
Compan
y),
industria
l parks
(any
Underta
king),
any
Power
Underta
king,
Reconst
ruction
or
Revival
of
Power
Generati
ng
Plants
(Indian
Compan
y) shall
be
 80IA

entitled to
claim
deduction

(subject to
 

80IAB

Deducti
on in
respect 100% of profit for 10 consecutive AY out of 15 AY beginning from the year
of in which a Special Economic Zone has been notified by the Central
Profits Government
and
Gains
No deduction to an Assessee, where the development of Special Economic
by an
Zone begins on or after 1st April 2017
Undert
aking
or an
Enterpr
ise
engage
d in
develo
pment
of
Special
Econo
mic
Zone

(subjec
t to
certain
 80IAB

condition
 

80IB

Deduction towards Profits and Gains from specified business.

The deduction under this section is available to an Assessee whose

Gross Total Income includes any Profits and Gains derived from the
business of:

Industrial Undertaking including an SSI in J&K

Commercial Production and Refining of Mineral Oil

Processing, Preservation and Packaging of Fruits or Vegetables, Meat and

Meat Products or Poultry or Marine or Dairy Products; Integrated Business
of Handling, Storage and Transportation of Food Grains;

(subject to certain conditions) 

100% / 25% of profit for 5 / 10 / 7 years as per conditions specified for

different types of undertakings

 
 80IBA

Profit
and
Gains
derived
from
Develop
100% of profit subject to various conditions specified
ing and
Building
Housin
g
Project
s

80IC

Deductio
n in
respect 100% of profits for first 5 AY and 25% (30% for a company) for
of next 5 AY to manufacture or produce specified article or thing
certain
Undertak
ings in
Himacha
l
Pradesh,
Sikkim,
Uttaranc
hal and
North-
Eastern
states

(subject
to
certain
 80IC

condition
s)

80IE

Deductio
n to
certain
Undertak
ings set
up in
North-
Eastern 100% of profits for 10 AY subject to various conditions specified
states

(subject
to
certain
condition
s)

80JJA

Deductio
n in
100% of profits for 5 AY where the Gross Total Income of an
respect
Assessee includes any Profits and Gains derived from the
of Profits
Business of Collecting and Processing or treating of
and Gains
Biodegradable Waste
from
Business
 80JJA

of
Collectin
g and
Processin
g of
Biodegra
dable
Waste

(subject
to certain
condition
s)

80JJAA

Deductio
n in
respect 30% of additional employee cost for 3 AY, subject to certain
of conditions
Employ
ment of
New
Workers
/
Employe
es,
applicab
le to
Assesse
e to
whom
Section
44AB
applies
 80JJAA

(subject
to
certain
conditio
ns)

80LA

Deductio
n for
Income
of
Offshore
Banking
Units
and
Internati
onal 100% / 50% of specified income for 5 / 10 AY, as per specified
Financia conditions
l
Services
Centre

(subject
to
certain
conditio
ns)