ACES - What is Legal validity of an e-return?
ACES stands for AUTOMATION OF CENTRAL EXCISE AND SERVICE TAX and it has been launched in 8 locations so far. Assessees can now file their periodic returns electronically through the ACES. But what is the legal validity of these returns? They cannot be signed and in ACES, there is no provision for digital signature. Can an unsigned document be taken as a legal one?
In the Income Tax e-filing of returns, they have the system of digital signatures. In case the return is not digitally signed, on successful uploading of e-Return, the ITR -V Form would be generated which needs to be printed by the tax payers. This is an acknowledgement cum verification form. The tax payer has to fill-up the verification part and verify the same. A duly verified ITR -V form should be mailed to “Income Tax Department – CPC, Post Bag No - 1, Electronic City Post Office, Bangalore - 560100, Karnataka,” BY ORDINARY POST ONLY within 30 days after the date of transmitting the data electronically.
ITR -V sent by Speed post, Registered Post or Courier will not be accepted.
No Form ITR -V shall be received in any other office of the Income-tax Department or in any other manner. In case, Form ITR -V, is furnished after the above mentioned period, it will be deemed that the return in respect of which the Form ITR -V has been filed was never furnished and it shall be incumbent on the assessee to electronically re-transmit the data and follow it up by submitting the new Form ITR -V within thirty days. This completes the Return filing process for non-digitally signed Returns.
Why is it that there is no such system in Central Excise and Service Tax? Is it simplification, complication or future litigation?
In our Seminar in Hyderabad, the Member CBDT asked, “why are you so bothered about acknowledgement?” “Because we are all afraid of the government”, I replied.