The Efiling of ITR 4 has been made compulsory by the Income Tax Department for the Assessment year 2010-11 for those individuals and HUFs who are required to get their accounts audited u/s 44AB of Income Tax Act by a notofication No.49/2010[F.No.142/15/2010-TPL], dated 9-7-2010.Earlier it was only Firms who were liable to get their accounts audited u/s 44AB and the companies were compulsorly required to file their ITR online.
The companies filing their return of income in ITR 6 are now compulsorily required to file their return of Income online by digital signature only. Whereas the firms, individuals and HUFs covered u/s 44AB can file their return of income online both by using digital signature as well as without digital signature by sending duly signed ITR-V form (which is generated after efiling of return without digital signature) to the centralised processing centre at Bangalore.
The relevant notification issued by the Income Tax Department is reproduced hererbelow:
The companies filing their return of income in ITR 6 are now compulsorily required to file their return of Income online by digital signature only. Whereas the firms, individuals and HUFs covered u/s 44AB can file their return of income online both by using digital signature as well as without digital signature by sending duly signed ITR-V form (which is generated after efiling of return without digital signature) to the centralised processing centre at Bangalore.
The relevant notification issued by the Income Tax Department is reproduced hererbelow:
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 Income-tax 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)’
Also see: Efiling with digital signature made compulsory for Indviduals/HUFs and Firms covered u/s 44AB
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is digital signature mandatory for 44 AB cases for e-filing
Efiling with digital signatures is mandatory for companies only.
Efiling with digital signature is not mandatory for other persons covered u/s 44AB.
IF SOMEONE HAS FILED RETURN(LIABLE TO AUDIT u/S 44AB) AFTER 9TH JULY 2010 IN PAPER FORM THEN WHETHER HE HAS TO FILE ONLINE RETURN AS ORIGINAL OR REVISED
PLEASE ADVICE
Efiling of ITR has been made compulsory for all persons covered u/s44AB w.e.f the date of publication of the above notification in the official gazatte. Hence if ITR covered u/s 44AB is filed in paper format after the said notification then such return will be considered as defective.
Efiling should be done as original return and not as revised return in such case.
Thanks ! Good Post !
This is absolutely awesome step of filing their return of Income online by digital signature only. I appreciate the thought of company. They have taken very secure and useful decision .
digital id