The form ITR 5 is to be used by a person being a firm, LLPs, AOP, BOI, an artificial juridical person referred to in section 2(31)(vii), the estate of deceased, the estate of insolvent, business trust and investment fund, cooperative society and local authority.
The form ITR -5 is applicable to FIRM as well as AOP, hence there is no procedural defect in filling the form. As far as tax or claim is concerned the Partnership firm is liable to pay income tax at the rate of 30% of total income. Therefore, if the firm is fall under the income tax slab, then can claim the benefit of 30% tax rate. There is no estoppel against the law however it is desirable to make changes in the PAN . The CPC may not allow the deduction , the assessee may have to file an appeal before higher authority .