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The summary of the changes effected by the Income-tax (7th Amendment) Rules, 2010 is as under :

1. Now, 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);

2.Now, 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), i.e., electronically under digital signature. In other words, now a company cannot transmit the data in the return electronically and thereafter  submit the verification of the return  in  Form  ITR-V.

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Income-tax (Seventh Amendment) Rules, 2010 – Amendment in rule 12

Notification No. 49/2010[F.No. 142/15/2010- TPL], dated 9-7-2010

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)’

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0 Comments

  1. mahesh says:

    is it mandatory e-filing of return of income for the assessment year 2009-10 for individuals/HUf who are subject to tax audit u/s 44 AB according to the latest guidelines issued by CBDT vide notification dated 09-07-2010 ?. I think it is for only 2010-11 assessment year.kindly give me your valuable suggestion in this regard

  2. mahesh says:

    is it mandatory e-filing of return of income for the assessment year 2009-10 according to the latest guidelines issued by CBDT vide notification dated 09-07-2010 ?. I think it is for only 2010-11 assessment year.kindly give me your valuable suggestion in this regard

  3. akshat says:

    I dnt know what govt wants to prove by making all these.. These things only increases confusion nothing else.. By the way one good thing is that the ITR V which we had to send to bangluru will not have to be send for the companies returns

    TO YV Jagannadha Rao..
    yes the paper return will be accepted if the client is not covered U/s 44AB even if its company and still have to file ITR 4

  4. ITR-4 ONLINE says:

    Circular says that this shall come into force from the date of their publication in the official gazette.

    May be, returns submitted prior to this amendment/notification are valid.

    Take your own decision after consulting/taking some views from others

  5. YASHVEER ARYA ADVOCATE says:

    Is there any clarification received for returns already filed in paper format with I T Department in case of individuals and HUFs subject to audit U/s. 44AB before circular received? Please if there is any clarification on the above please forward. Thanks

  6. Sunil Sanganeria says:

    There is no such clarification given by the Department. It indicates that those who have already filed his return physically has to resubmit his return electrinically otherwise his return will be defective nad he will be treate as no return has been filed by him.

  7. CA Pinal Jariwala says:

    Is there any clarification received for returns already filed in paper format with I T Department in case of individuals and HUFs subject to audit U/s. 44AB before circular received? Please if there is any clarification on the above please forward. Thanks

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