( Expert )
26 October 2007
Latest instructions and clarifications for filing ITR Forms for assessees including trusts are as follows.
The CBDT has recently issued a circular specifying instructions and clarifications on furnishing of returns in the new ITR forms:
It is mandatory for the proprietory and partnership firms, which are tax auditable u/s 44AB and companies (other than claiming exemption u/s 11) to electronically furnish the return of income/fringe benefits.
The return of income/ fringe benefits in Form ITR-7 by charitable/ religious trusts, political parties and other non-profit organisations is to be furnished in the paper form only.
The returns in the new forms (except in ITR-7) shall not be accompanied by any attachments/ annexures including any statutory form, statement showing the computation of income or tax, copies of balance-sheet, profit and loss account, TDS/TCS certificates, proof of payment of advance tax or self-assessment tax. However, all these documents should be retained by the taxpayers and be furnished in original before the Assessing officer on demand by him or during the scrutiny proceedings.
The audit report under section 44AB is not to be attached with the return. It should not be furnished separately also before or after the due date. However, an assessee should get the audit report from an accountant under said section before the due date of the furnishing of the return and should fill out the relevant columns of these forms on the basis of such report. The assessee should retain the report with himself. It may be furnished in original during the assessment proceedings. No penalty under section 271B shall be initiated or levied for not furnishing the tax audit report on or before the due date. However, if the audit report has not been obtained before the due date, provisions of section 271B shall be attracted.
In case, a return is furnished under digital signature, the date of such furnishing shall be the date of furnishing the return.