Return verification by a power of attorney holder

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dhananjay ranade (Querist)
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18 July 2013 Note on difficulties faced in submitting Income Tax Return for an Assessee settled and residing in USA.

Assessee is a citizen of USA and has interest income in India. He is assessed to tax with International Taxation Division at Scindia House, MUMBAI.

Assessee has authorized his Brother to sign all documents and operate his Bank account through a Power of Attorney and Income tax Returns up to A.Y. 2011 – 12 were submitted manually. Income Tax Return for A.Y. 2012 – 13 was electronically submitted and ITR V, duly signed by POA holder, was sent to CPC Bangalore.

POA holder’s name is mentioned under verification clause and return generated for A.Y. 2013 – 14, but the same is not accepted by CPC Bangalore for mismatch of verification clause.

In this connection, we had a talk with CPC BANGALORE and they insist on the ITR V and return to be signed by the Assessee or to verify the return under a Digital Signature.

Section 140 (a) (ii) allows the Return to be signed by an authorized person in case Assessee is absent from India.

Assessee’s case is squarely covered by the above provision and CPC Bangalore should accept the return duly verified by a duly authorized person.

For Assessment year, 13 – 14 assessee is required to furnish the return electronically and hence the above query.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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18 July 2013 If you have tried by changing the profile details etc., then it is better to get signed the return from the Assessee so that he can directly remit the same to CPC Bangluru. You may mail the password saved PDF file to him. 120 days time is sufficient
for an existent assessee from any part of the world.
.

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