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Amendement in Rule 12 | DSC mandatory for ITR-6

 

View Rule 12 of Income Tax

CBDT Amends Rule 12 of Income Tax, with making Digital signature mandatory for ITR-6 filing. It also makes clear about filing ITR-4 covered u/s 44AB to file electronically, either with or without Digital sign.

The amendment is happening second time in Rule 12 of Income Tax. During April, the rule of amended to add the provision of Saral II form by renaming earlier ITR-1.

To summarize the amendment:

  1. Mandatory DSC for companies: Companies filing under ITR 6 were required to file electronically (no paper returns), with or without Digital Signature. With the Amendment, ITR-6 will not be accepted without Digital Sign. Thereby Digital Signature Certificate becomes mandatory.
  2. Mandatory e-Return for Tax Audited Assessee: For Individuals / HUF falling under audit u/s 44AB were recommended to file electronically. But no clarity was available in Rule 12 in this regard, to make it mandatory. The amended Rule 12 makes such assessees to file ITR-4 electronically. No Paper Returns accepted. They can file either with or without Digital Signature.
  3. Other Categories: Other assessee cases are untouched. Firms falling under 44AB need to file electronically (no paper returns), with or without Digital Signature. Remaining categories can opt for paper returns or electronic returns, at their convenience.

--------------------- Notification ---------------------

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 Incometax 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)’

Rule Reference-Rule 12(2)

Clause(ii) Refers to furnishing of Return electronically under digital signature
Clause(iii) Refers to furnishing of Return electronically and thereafter submission of ITR-V

--------------------- Notification ---------------------

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