Income Tax - Electronic Filing of Returns - Digital Signature Mandatory

By Vijay Kumar

CBDT has amended Rule 12 of the Income Tax Rules. Clauses ( a ) and ( aa ) of the Proviso to Rule 12(3) have been substituted by a new clause (a).

The existing clauses read as:

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);

Now the amended version reads as:

(a) a firm required to furnish the return in Form ITR-5 or an individual or Hindu Undivided Family (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 2011-12 and subsequent assessment years in the manner specified in clause (ii);

Clause (ii) requires the assessee to furnish the return electronically under digital signature.

Now the following categories of assesses are required to file the returns electronically under digital signature for assessment year 2011-12 and subsequent assessment years.

++ a firm required to furnish the return in Form ITR-5 and to whom provisions of section 44AB are applicable;

++ an individual or Hindu Undivided Family (HUF) required to furnish the return in Form ITR-4 and to whom provisions of section 44AB are applicable;

++ a company required to furnish the return in Form ITR-6

Until now, digital signature was not mandatory for firms, individuals and HUF.

CBDT Notification No. 37/2011 [F. NO. 149/68/2011-SO (TPL)], Dated: July 01, 2011