Income-tax (Seventh Amendment) Rules, 2010 – Amendment in rule 12
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF DIRECT TAXES)
Notification No. 49/2010[F.No.142/15/2010-TPL], dated 9-7-2010
(INCOME TAX)
S.O. 1638(E)._In exercise of the powers conferred by section 295 read with section 139 of Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely : –
1. (1) These rules may be called the Income-tax (7th Amendment) Rules, 2010.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules 1962, in rule 12, in sub-rule (3), in the proviso, for clause (a), the following clauses shall be substituted, namely :-
“(a) a firm required to furnish the return in Form ITR-5 and to whom provisions of section 44AB are applicable shall furnish the return in the manner specified in clause (ii) or clause (iii);
(aa) an individual or HUF required to furnish the return in Form ITR-4 and to whom provisions of section 44AB are applicable shall furnish the return for Assessment Year 2010-11 and subsequent Assessment Years in the manner specified in clause (ii) or clause (iii);
(ab) a company required to furnish the return in Form ITR-6 shall furnish the return for Assessment Year 2010-11 and subsequent Assessment Years in the manner specified in clause (ii)’
F.No.142/15/2010-TPL
PAWANK . KUMAR, Director (TPL-IV)
Sir, ITR 4 online electronic filling before audit from chartered account or submit to return form indiviual type. Kindly advice immediatly Rajesh M. Borade
When the laws it has to be done in a manner in which it is to be done, it is the duty of the citizen to obey the law in order to claim the rights. Unfortunately, all of us think of rights but rarely think of obeying the law. If return has to be in a specific form, there is no second say on that, similarly if return has to be sent by e.form it is e.form and no scope to file physically, unless, the CBDT decides otherwise.
First of all, the department will not accept the return on the counter, and even if it managed by some one or is accepted by department, the return will be deemed to have never been filed or the department may term it as non-est or may ask the assessee to file the return in compliance to the law.But one thing which is very important is that , why do the professionals think of defying the law and putting of hypothetical question just based on ifs and buts.Regarding the Gentleman, who has already filed the return physically before this amendment , should obediently file a return thru new system.
Yes return is compulsorly required to be filed online in the case above mentioned above otherwise if return is filed mannualy it will be invalid return.
What if return has been filed physically before 9-7-2010.
Is it required to file electronically??
What are the consequences If someone do not E-File ITR-4 or ITR-5 who is under Tax Audit.
Kindly, reply.
Regards