CA Sandeep Kanoi

We have compiled here the Rule 12 based on the RECENT amendments vide Notification No. 41/2015, Dated-15th day of April, 2015  for ready reference of our readers. 

[Return of income and return of fringe benefits.

12. (1) The return of income required to be furnished under sub-section (1) or sub-section (3) or sub-section (4A) or sub-section (4B) or sub-section (4C) or sub-section (4D) or sub-section (4E) of section 139 or clause (i) of sub-section (1) of section 142 or sub-section (1) of section 148 or section 153A relating to the assessment year commencing [on the 1st day of April, [2015]] shall,—

[(a)         in the case of a person being an individual where the total income includes income chargeable to income-tax, under the head,—

(i)           “Salariesor income in the nature of family pension as defined in the Explanation to clause (iia) of section 57; or

(ii)          “Income from house property”, where assessee does not own more than one house property and does not have any brought forward loss under the head; or

(iii)         “Income from other sources, except winnings from lottery or income from race horses, [and does not have any loss under the head]

               be in Form [SAHAJ] (ITR-1) and be verified in the manner indicated therein:]

               [Provided that the provisions of this clause shall not apply to a person who,—

(I)  is a resident, other than not ordinarily resident in India within the meaning of sub-section (6) of section 6 and has,—

(i) assets (including financial interest in any entity) located outside India; or

(ii) signing authority in any account located outside India; or

(iii) income from any source outside India;

(II)  has claimed any relief of tax under section 90 or 90A or deduction of tax under section 91; or

(III)  has income not chargeable to tax, exceeding five thousand rupees. ]

(b) in the case of a person being an individual [not being an individual to whom clause (a) applies] or a Hindu undivided family where the total income does not include any income chargeable to income-tax under the head “Profits or gains of business or profession”, be in Form No. ITR-2 and be verified in the manner indicated therein;

(c) in the case of a person being an individual or a Hindu undivided family who is a partner in a firm and where income chargeable to income-tax under the head “Profits or gains of business or profession” does not include any income except the income by way of any interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by him from such firm, be in Form No. ITR-3 and be verified in the manner indicated therein;

(ca)   in the case of a person being an individual or a Hindu undivided family deriving business income and such income is computed in accordance with special provisions referred to in section 44AD and section 44AE of the Act for computation of business income, be in Form SUGAM (ITR-4S) and be verified in the manner indicated therein:

[Provided that the provisions of this clause shall not apply to a person who,—

(I) is a resident, other than not ordinarily resident in India within the meaning of sub-section (6) of section 6 and has,—

(i) assets (including financial interest in any entity) located outside India; or

(ii) signing authority in any account located outside India; or

(iii) income from any source outside India;”;

(II)  has claimed any relief of tax under section 90 or 90A or deduction of tax under section 91; or

(III) has income not chargeable to tax, exceeding five thousand rupees. ]

(d) in the case of a person being an individual or a Hindu undivided family other than the individual or Hindu undivided family referred to in clause (a) or clause (b) or clause (c) [or clause (ca)] and deriving income from a proprietory business or profession, be in Form No. ITR-4 and be verified in the manner indicated therein;

(e) in the case of a person not being an individual or a Hindu undivided family or a company or a person to which clause (g) applies, be in Form No. ITR-5 and be verified in the manner indicated therein;

(f) in the case of a company not being a company to which clause (g) applies, be in Form No. ITR-6 and be verified in the manner indicated therein;

(g) in the case of a person including a company whether or not registered under section 25 of the Companies Act, 1956 (1 of 1956), required to file a return under sub-section (4A) or sub-section (4B) or sub-section (4C) or sub-section (4D) or sub-section (4E) of section 139, be in Form No. ITR-7 and be verified in the manner indicated therein;

(h)          [***]

(2) The return of income required to be furnished in Form SAHAJ (ITR-1) or Form No. ITR-2 or Form No. ITR-3 or Form SUGAM (ITR-4S) or Form No. ITR-4 or Form No. ITR-5 or Form No. ITR-6 [or Form No. ITR-7] shall not be accompanied by a statement showing the computation of the tax payable on the basis of the return, or proof of the tax, if any, claimed to have been deducted or collected at source or the advance tax or tax on self-assessment, if any, claimed to have been paid or any document or copy of any account or form or report of audit required to be attached with the return of income under any of the provisions of the Act: ]

 [Provided that where an assessee is required to furnish a report of audit specified under sub-clause (iv), (v), (vi) or (via) of clause (23C) of section 10, section 10A, section 10AA, clause (b) of sub-section (1) of section 12A, section 44AB, section 44DA, section 50B, section 80-IA, section 80-IB, section 80-IC, section 80-ID, section 80JJAA, section 80LA, section 92E, section 115JB or section 115VW or to give a notice under clause (a) of sub-section (2) of section 11 of the Act, he shall furnish the same electronically.]

(3) The return of income referred to in sub-rule (1) shall be furnished by a person mentioned in column (ii) of the Table below to whom the conditions specified in column (iii) apply, in the manner specified in column (iv) thereof:-

Table

Sl.
Person
Condition
Manner of furnishing return of income
(i)
(ii)
(iii)
(iv)
1 Individual or Hindu undivided family Individual or Hindu undivided family 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.

(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;

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.

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.

Explanation.- For the purposes of this sub-rule “electronic verification code” means a code generated for the purpose of electronic verification of the person furnishing the return of income as per the data structure and standards specified by Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems).’

(4) The Principal Director-General of Income-tax (Systems) or Director-General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture and transmission of data and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to furnishing the returns in the manners specified in clauses (ii), (iii) and (iv) of sub-rule (3). [and the report of audit or notice in the manner specified in proviso to sub-rule (2)]

(5) Where a return of income relates to the assessment year commencing on the 1st day of April,[2014] or any earlier assessment year, it shall be furnished in the appropriate form as applicable in that assessment year.]

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9 responses to “Rule 12 of Income Tax Rules wef 1st April 2015”

  1. rangwala manoj says:

    I have received letter from Income tax Dep asking me to submit return AY2017-18 in accordance with rule 12of Income tax rules 1962 duly verify accordance with provisions of section 140 of Act what is meaning of above paragraphs

    • TSMCUBL says:

      We are Coop. Urban Bank at Hyd. We have recd. IT Dpt. notice for submitting details for AY 2017-18, as per rule 12 u/s 140 of IT act

  2. Alok kumar Gupta says:

    I have received letter from Income tax Dep asking me to submit return AY2017-18 in accordance with rule 12of Income tax rules 1962 duly verify accordance with provisions of section 140 of Act what is meaning of above paragraphs

  3. Praveen Joy says:

    Hi friends,
    One person, Mr. A,having 3 heads of income,namely Salary, Business and profession and other income and tax is computed according to 44AD for the AY 2015-16. Still he is not filed the ITR. Which option he has to follow, whether paper return or electronic form? If it is electronic form, under which section he has to file?

  4. pankaj says:

    kindly brief me over the same issue.

  5. Rama Chandra Majhi says:

    I have received a letter from Income Tax Deptt.questioning me:- (a) prepare a true and correct return of your income of A.Y.2015-16 in respect of which you are assessable under the Income Tax act,1961 during the previous year relevant to the assessment year mentioned above. The return should be in the appropriate form as prescribed in Rule 12 of the Income Tax Rules, 1962. It should be duly verified and singed in accordance with the provisions of section 140 of the said Act and delivered at my office.

    I am not able to understand the meaning of the above paragraph wherein I have duly filled up in the right form and calculated in right manner where is my fault ? please advise me in my e-mail address

  6. vijay khanna says:

    I do not understand why govt wants any indivual to disclose his entire income to his employer especially when he can declare all his income in ITR to the govt. it cannot remain secret and can create jelousy. it is very private matter. Why any person other than income tax department should know what his total earnings are. If he does not tell his employer but mention everything in his return, will be breaking any law? kindly let me know the reply for it. I calculate my tax liability and deposit tax according on in september, december and march of every year. How my employer comes in. he should be worried about my salary and deductions only.

  7. Ramalingam says:

    Dear Sir,

    Thanks for the explanation of Rule 12 of Income Tax Rules wef 1st April 2015. The explanation indicates if the exempted income is more than Rs 5,000/- ITR 1 is not applicable. In this regard if the interest income of PPF is more than 5,000/- then ITR 1 is applicable???? Kindly clarify

    Thanks.
    Ramalingam

  8. B.Chackrapani Warrier says:

    Read.

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