Digital signature mandatory for individuals for ay 2012-13 ?


This query is : Resolved 

11 June 2012 Sir/ Madam,

As per Amended Rule 12 of the Income Tax Rules, 1962, My understanding is that An individual whose total income exceeds Rs 10 lakhs has to e-file his ITR. So, Individual subject to tax audit U/s 44AB is required to e-file and DIGITAL SIGNATURE IS NOT MANDATORY.

Please guide if my understanding is correct. Amendment in Rule 12 is reproduced below for your ready reference.

Thanking you,


GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
NOTIFICATION
New Delhi, the 28
th
day of March, 2012
Income-tax
S.O. 626 (E).- In exercise of the powers conferred by section 295 of the
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 (3rd Amendment) Rules,
2012.
(2) They shall come into force on the 1st day of April, 2012.
2. In the Income-tax Rules, 1962,-
(A) in rule 12,–
(i) in sub-rule (1),-
(a) for the figures “2011”, the figures “2012” shall be
substituted;
(b) after clause (a), the following proviso shall be inserted,
namely:-
“Provided that the provisions of this clause shall not
apply to a person being an individual, who is a resident
and has
(i) assets (including financial interest in any entity)
located outside India; or
(ii) signing authority in any account located outside
India.”; (c) after clause (ca), the following proviso shall be inserted,
namely:-
“Provided that the provisions of this clause shall not
apply to a person being an individual or Hindu undivided
family, who is a resident and has
(i) assets (including financial interest in any entity)
located outside India; or
(ii) signing authority in any account located outside
India.”
(ii) in sub-rule(3), in the proviso, clause (a) shall be renumbered
clause (aaa) and before clause (a), as so renumbered the
following clauses shall be inserted, namely:-
“ (a) an individual or a Hindu undivided family, if his or its total
income, or the total income in respect of which he is or it is
assessable under the Act during the previous year, exceeds ten
lakh rupees, shall furnish the return for the assessment year
2012-13 and subsequent assessment years in the manner
specified in clause(ii) or clause(iii);
(aa) an individual or a Hindu undivided family, being a resident,
having assets (including financial interest in any entity) located
outside India or signing authority in any account located outside
India and required to furnish the return in Form ITR-2 or ITR-3 or
ITR-4, as the case may be, shall furnish the return for
assessment year 2012-13 and subsequent assessment years in the
manner specified in clause (ii) or clause (iii);” (iii) in sub-rule (5), for the figures “2010”, the figures “2011” shall
be substituted;
(B) in Appendix-II, for “Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S),
ITR-4 and ITR-V”, the “Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S),
ITR-4 and ITR-V” shall be substituted. [Notification No.14 /2012/ F.No.142/31/2011 -TPL]
(Ashis Chandra Mohanty)
Under Secretary to the Government of India
Note.- The principal rules were published in the Gazette of India,
Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification
number.S.O.969(E), dated the 26
th
March, 1962 and last amended by Incometax ( 2
nd
Amendment) Rules, 2012 vide notification S.O. No 227(E) dated
6/2/2012.

11 June 2012 As per PROVISO (aaa) to the Income Tax Rule 12(3) Individuals under tax audit have to E-file the returns under D igital signatures
only.

12 June 2012 Thank you, sir


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