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Union of India - Section

Section 12 in Income Tax Rules, 1962

12. Return of income and return of fringe benefits.

(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) or sub-section (4F) 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, [2020] [Substituted '2019' by Notification No. G.S.R. 9(E), dated 3.1.2020 (w.e.f. 26.3.1962).] shall, -
(a)in the case of a person being [an individual who is a resident other than not ordinarily resident and] [Substituted for 'an individual' by the Income-tax (Second Amendment) Rules, 2018, w.r.e.f. 1-4-2018.] where the total income includes income chargeable to income-tax, under the head, -
(i)"Salaries" or 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 [or loss to be carried forward] [Inserted by the Income-tax (Second Amendment) Rules, 2018, w.r.e.f. 1-4-2018.] 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)[ has assets (including financial interest in any entity) located outside India; [Item (I) substituted by the Income-tax (Second Amendment) Rules, 2018, w.r.e.f. 1-4-2018.]
(IA)has signing authority in any account located outside India;
(IB)has income from any source outside India;
(IC)has income to be apportioned in accordance with provisions of section 5A;]
(II)has claimed any relief of tax under section 90 or 90A or deduction of tax under section 91; [***] [Word 'or' omittted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.]
(III)has agricultural income, exceeding five thousand rupees;
(IV)[ has total income, exceeding fifty lakh rupees; [Sub-clauses (IV), (V) and (VI) inserted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.]
(V)has income taxable under section 115BBDA; [***]
(VI)has income of the nature referred to in section 115BBE;]
(VII)[ owns a house property in joint-ownership with two or more persons; or [Inserted by Notification No. G.S.R. 9(E), dated 3.1.2020 (w.e.f. 26.3.1962).]
(VIII)is required to furnish a return of income under seventh proviso to sub-section (1) of section 139.]
(b)[***] [Clause (b) omitted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.]
(ba)[***] [Clause (ba) omitted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.]
(c)[ in the case of a person being an individual not being an individual to whom clause (a) applies] [Clause (c) substituted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.] of a Hindu undivided family where the total income does not include income [under the head] [Substituted for 'derived from a proprietary' by the Income-tax (Second Amendment) Rules, 2018, w.r.e.f. 1-4-2018.] business or profession, be in Form No. ITR-2 and be verified in the manner indicated therein;
(ca)in the case of a person being an individual or a Hindu undivided family or a firm, other than a limited liability partnership firm, deriving ["income under the head Profits or gains of business or profession" and such income is computed in accordance with special provisions referred to in section 44AD, section 44ADA and section 44AE of the Act for computation of such income, be in Form SUGAM (ITR-4)] [Substituted for '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)' by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.] 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; [***] [Word 'or' omitted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017 w.e.f. 1-4-2017.]
(III)has agricultural income, exceeding five thousand rupees;
(IV)[ has income taxable under section 115BBDA; or [Sub-clauses (IV) and (V) inserted by the Income-tax (Fourth Amendment) Rules, 2017, dated 29-3-2017, w.r.e.f. 1-4-2017.]
(V)has income of the nature referred to in section 115BBE;]
(VI)owns a house property in joint-ownership with two or more persons.] [Inserted by Notification No. G.S.R. 9(E), dated 3.1.2020 (w.e.f. 26.3.1962).]
(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 [***] [Word 'clause (b)' omitted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.] clause (c) or clause (ca) and [having income under the head] [Substituted for 'deriving income from a proprietary' by the Income-tax (Second Amendment) Rules, 2018, w.r.e.f. 1-4-2018.] business or profession, be in [Form No.ITR-3] [Substituted for 'Form No.ITR-4' by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.] 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) or sub-section (4F) 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-4)] [Substituted for 'Form SUGAM (ITR-4S) or Form No.ITR-4' by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.] 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, [section 115JC] [Inserted by the Income-tax (Twenty Second Amendment) Rules, 2017, w.e.f. 18-8-2017.] 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:-
Sl. Person Condition Manner of furnishing return of income
(i) (ii) (iii) (iv)
[1 [Serial No.1 and entries relating thereto substituted by the Income-tax (Fourth Amendment) Rules, 2017, dated 30-3-2017, w.e.f. 1-4-2017.] Individual or Hindu undivided family (a) Accounts are required to be audited undersection 44AB of the Act; Electronically under digital signature;
(b) Where totalincome assessable under the Act during the previous year of aperson,-(i) being anindividual of the age of 80 years or more at any time during theprevious year; or(ii) whose incomedoes not exceed five lakh rupees and no refund is claimed in thereturn of income,and who furnishes the return in Form No. SAHAJITR-1 or Form No. SUGAM (ITR-4) (A) Electronicallyunder digital signature; or(B) Transmitting thedata electronically in the return under electronic verificationcode; or(C) Transmitting thedata in the return electronically and thereafter submitting theverification of the return in Form ITR-V; or(D) Paper form;
(c) In any other case (A) Electronicallyunder digital signature; or(B) Transmitting thedata electronically in the return under electronic verificationcode; or(C) Transmitting the data in the returnelectronically and thereafter submitting the verification of thereturn in Form ITR-V;]
2 Company In all cases. Electronically under digital signature.
3 A person required to furnish the return in FormITR-7 (a) In case of apolitical party;(b) In any other case Electronically underdigital signature;(A) Electronicallyunder digital signature; or(B) Transmitting thedata in the return electronically under electronic verificationcode; or(C) Transmitting the data in the returnelectronically and thereafter submitting the verification of thereturn in Form ITR-V.
4 Firm or limited liability partnership or anyperson (other than a person mentioned in Sl. 1 to 3 above) who isrequired to file return in Form ITR-5 (a) Accounts arerequired to be audited under section 44AB of the Act;(b) In any other case. Electronically underdigital signature;(A) Electronicallyunder digital signature; or(B) Transmitting thedata in the return electronically under electronic verificationcode; or(C) Transmitting the data in the returnelectronically and thereafter submitting the verification of thereturn 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 (other than the paper form) specified in column (iv) of the Table in 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, [2020] [Substituted '2019' by Notification No. G.S.R. 9(E), dated 3.1.2020 (w.e.f. 26.3.1962).] or any earlier assessment year, it shall be furnished in the appropriate form as applicable in that assessment year.