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CA Sandeep Kanoi

As per CBDT Notification No. 41/2015 Dated 15.04.2015 Individual or Hindu undivided family has to file Income Tax Return in the following Manner if any Income Tax refund is claimed in the return of income for A.Y. 2015-16 or subsequent Years :-

(A) Electronically under digital signature; or

(B) Transmitting the data in the return electronically under electronic verification code; or

(C) Transmitting the data in the return electronically and thereafter submitting the verification of the return in Form ITR-V.

Exceptions to above provisions :- Individual of the age of 80 years or more at any time during the previous year and furnishing the return in Form ITR-1 or ITR-2. Relevant Extract of Amendment in Income Tax Rule 12 of Income-tax Rules, 1962 :- 

Individual or Hindu undivided family

Condition

(V) total income assessable under the Act during the previous year of the person (other than the person, being an individual of the age of 80 years or more at any time during the previous year and furnishing the return in Form ITR-1 or ITR-2),-

(i) exceeds five lakh rupees; or

(ii) any refund is claimed in the return of income;

Manner of furnishing return of income

(A) Electronically under digital signature; or

(B) Transmitting the data in the return electronically under electronic verification code; or

(C) Transmitting the data in the return electronically and thereafter submitting the verification of the return in Form ITR-V.

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0 Comments

  1. S PRAKASH says:

    Dear FM, do you think that the block money will be un earthen because of the complicated forms and procedures especially for those WHO ARE ALREADY FILING THE RETURNS AND PAYING THE TAX PROMPTLY? Then WHAT ABOUT THE PERSONS WHO ARE NOT AT ALL FILING THE RETURNS AND NOT EVEN KNOW THAT INCOME TAX ACT IS THERE IN THE COUNTRY? All your complicated procedures and forms are meant only for the honest tax payers and not for those are outside the books of the Income Tax Department. If so what is your action for those people who are outside the tax net and still leaving a more happy life than those who are paying the tax. You are asking the people who are filing the returns promptly more, more and more details but not even know that there are people who do not furnish even a single detail to the department. You have accepted that the direct tax revenue has fallen short of the target, and even the TAXBASE. To increase the tax base what are the steps taken in your budget? Not even single, but introducing complicated procedures and forms for the individual and partnership assesses and keeping 44AB audit procedure for them, knowingly well that has failed to yield any results. For what you do not understand the practicals of the mentality of the Indian tax payers? If I appoint the auditor for myself you know that the auditor will report in the best interest of me only and in favour of the department. Why you are one step forward in harassing the tax payers in the name of block money making more complicated procedures and forms? Make the tax law simple you get more revenue and activate the CBDT which is still sleeping. I will quote from the departmental web as to how even till date the CBDT has not ready to accept the returns for 2015-16.

    • 17/04/2015
    CBDT has notified ITR 1, ITR 2 & ITR 4S for AY 2015-16 and amended Rule 12 For AY 2015-16, ITR 1, ITR 2 & ITR 4S where returned income is greater than 5 Lakhs or where Refund is claimed (except where the person is 80 years or more and filing ITR 1 or 2) and ITR 3, ITR 4, ITR 5, ITR 6 & ITR 7 are mandatorily required to be e-Filed. EVC (Electronic Verification Code) has been included as a mode for verification of e-Filed return. Departmental utilities shall be made available shortly. [Refer Notification No: 41/2015 dated 15/04/2015]
    You are even unable to announce the forms and make the utilities ready for the previous year, you have not even issued notices to the AIR information mismatch details, your officers will complete the assessment only when it is time barred on 31st March, no survey and search is done on the non filers of the returns, your ASK does not have proper internet facility, assesses are not getting the refund in time, 26AS is not matching TDS has become problem, number of posts are vacant and one person is holding multiple charges, the new officers are not properly trained to handle the block money, the appeals are not heard by the CIT (Appeals) for year together, and so many practical problems has to be solved before you introduce the new forms and procedures. Hope you will take it in right sense.To over come the Hon’ Apex court and High Court orders the ordinances are introduced and will all these complications how your department CBDT will work on the fresh information? Better to SCRAP THE CBDT OR MAKE ONE MARE DEPARTMENT FOR THE INDIVIDUAL AND PARTNERSHIP FIRMS AND ONE FOR THE CORPORATE ASSESSES.
    Thanking you,
    With regards,
    S PRAKASH.

  2. Dr. Arun Draviam says:

    The IT Department’s primary job is to collect revenue. It has full cadre paid out of the tax payers money.
    It wanted to improve its internal efficiency and went for automation and out sourced most of its work.
    The Indian Railways went for automation at least 2 decades before the IT Dept. Today ticket can be booked on line and carried in one’s cell phone. But can the Railways refuse to issue ticket at the counter to the citizen who seeks to travel long or short distance, to big city or small town/ village?
    The constitutional validity of the CBDT Notification not only the present one and the earlier ones too should be reviewed. If challenge in a court of law is the only solution it is punishing the citizen. Before one resorts to RTI etc. why cannot the Dept on its onwn review its orders?

  3. Mahes Ray says:

    One of the method of submitting ITR-1 or ITR-2 is transmitting the data in the return electronically under electronic verification code. Shall be grateful to know how an individual will get such code for himself, and get his electronic return verified. Presume this is easier/ less costlier than digital signature.

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