Recently we received an email from A CA from Delhi in which he said that Income Tax officers are not accepting ITR 3 and 4 despite no refund and income being less than 5 Lakh. The CA has further mailed that department is not accepting even Manual Wealth tax Return and asking them to file the same online. In this case department was correct in their approach, as with amendment in law related to Income Tax and Wealth tax Returns, Assessee Compulsorily needs to file ITR3, ITR 4 and Wealth tax Return for A.Y. 2015-16 online.
With this email One thing stuck to my mind that due to frequent changes in Rules 12 related to Income tax Returns even members in profession are not fully aware of the rules related to Mode of Filing of Incomer Tax Return i.e When it is Mandatory to File Income tax Return online and when it is optional. Further when it Mandatory to File Return Online with Digital Signature and when the same can be filed online without digital Signature.
A. Wealth Tax Return-
As per Notification No. 32/2014 dated 23-06-2014 Wealth Tax Return is Mandatorily filed online with Digital Signature for all classes of Assessee.
B. Income Tax Return
As per Rule 12 of Income Tax Rules as amended vide
Notification No. 24/2014, Dated: April 1, 2014
Notification No. 41/2015 Dated-15th day of April, 2015
| Sl. | Person | Condition | Manner of furnishing return of income |
| (i) | (ii) | (iii) | (iv) |
| 1 | Individual or Hindu undivided family | (a) Accounts are required to be audited under section 44AB of the Act; | Electronically under digital signature |
| (b) Where (a) is not applicable and,-
(I) the return is furnished in Form No. ITR-3 or Form No. ITR-4; or (II) the person, being a resident, other than not ordinarily resident within the meaning of sub- section (6) of section 6, has, (A) assets (including financial interest in any entity) located outside India; or (B) signing authority in any account located outside India; or (C) income from any source outside India; (III) any relief, in respect of tax paid outside India, under section 90 or 90A or deduction of tax under section 91 is claimed; or (IV) any report of audit referred to in proviso to sub-rule (2) is required to be furnished electronically; or (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; |
(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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| (c) In any other case. | (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; or (D) Paper form; |
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| 2 | Company | In all cases. | Electronically under digital signature. |
| 3 | A person required to furnish the return in Form ITR-7 | (a) In case of a political party; | Electronically under digital signature; |
| (b) In any other case | (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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| 4 | Firm or limited liability partnership or any person (other than a person mentioned in Sl. 1 to 3 above) who is required to file return in Form ITR-5 | (a) Accounts are required to be audited under section 44AB of the Act; | Electronically under digital signature; |
| (b) In any other case. | (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. |
Hello All
there is no notification which says that wealth tax returns will not be accepted in paper mode (i mean NON AUDIT CASES)
but ITD people are not accepting the returns as such
i hope any one among us should take some NEWS channel people along and publish the same
This move by the IT department to not accept paper return for Form BB is causing a lot of trouble for taxpayers, especially old people who do not have much income but possess only wealth.
Furthermore, since AY 15-16 will be the last year for filing Wealth tax return, the Government must issue some form of notification that paper returns can be accepted.
A lot of people, especially senior citizens are complaining that this move by the IT department is unnecessary and for a government that came to power claiming to remove “Tax terrorism”, this harassment of honest taxpayers does not bode well.
I pray that the govt. will issue some notification on this soon.
What about the wealth tax returns for citizens over 80 years of age? Even in case of quite a few citizens below that age (for them also) getting a digital signature certificate now will not be an easy task. Further, if wealth tax is being abolished, what use will be the DSC?