I came across very strange situation which i want to share with u all.
One of Pvt Ltd Co. has uploaded its return of income in ITR-6. ITR-V was generated showing date of filing of e-return & place was 'BY DEFAULT' shown as Mumbai as its Regd Ofifce is in Mumbai & date of verification 'BY DEFAULT' shown as Date of e-return uploaded.
Now ITR-V was given for sign to Director whose name was shown in Verification Part. Director refused to sign as he was not present in Mumbai on the date on which e-return was uploaded.
How to overcome this kind of situations? Suggest the suitable course of action.
03 August 2025
You're describing a **technical + procedural issue** in the early days of e-filing (circa 2009) under the **old ITR-V verification system**, where:
* The ITR-V form **auto-populated**:
* **Date of verification** as the **date of uploading** the return. * **Place** as per the **jurisdiction or registered office** (e.g., Mumbai).
The **Director**, whose name was auto-filled in the verification section, **refused to sign** because **he was not physically present in Mumbai** on the auto-filled verification date — raising concern about the **accuracy of the declaration**.
Let’s break this down and suggest what to do.
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### ✅ First: Understand What the ITR-V "Verification" Really Means
The ITR-V (acknowledgment) under the e-filing process is:
* A **confirmation** that the return filed is correct to the best of knowledge. * It **does not require physical presence** at the place mentioned in the form. * The **“Place” and “Date”** on ITR-V are **auto-generated by the system** and **do not carry legal implication** about physical location.
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### ✅ Clarification from Income Tax Department (Practice-Based):
By design:
* The **“place” shown in the ITR-V** is **not material** to the validity of the return. * The **Director or signatory’s presence** at that place on that day **is not required** under law. * What matters is **valid digital/e-verification**, or **signed ITR-V being sent to CPC (for that era)**.
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### ✅ Options to Handle the Situation:
#### Option 1: **Explain to Director**
* Inform him that **physical presence in Mumbai is not legally required**. * The system-generated “Place” is **not a declaration** of actual location. * Signing the ITR-V **does not create legal contradiction**.
This is the **most practical and correct route**.
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#### Option 2: **Re-file the Return (not recommended unless urgent)**
* Technically, if the return is not yet verified, you could:
* **Revise and re-upload** the return. * Choose another authorized signatory available at that time. * But this is **unnecessary**, and wasteful unless there's a **mistake in return data** itself.
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#### Option 3: **Use Digital Signature (DSC)**
* If the company files returns using a **Digital Signature Certificate (DSC)**, there's **no need to sign or send ITR-V**. * In that case, **the issue is bypassed entirely**.
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### 📎 Regarding Proof:
If the Director is still worried, you can retain an **internal note**:
> "The verification date and place are system-generated and do not imply physical presence of the signatory at the mentioned location."
You don’t need to **submit any external proof**, nor is the ITD likely to raise an objection unless fraud is suspected.
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### ✅ Summary:
| Issue | Action | | --------------------------------------------------------- | -------------------------------------------------------- | | Director refuses to sign ITR-V due to place/date mismatch | Explain it's auto-generated; signing is valid regardless | | Legal requirement for presence at location? | ❌ No | | Best solution | ✔️ Sign ITR-V and send to CPC / E-verify | | Alternate (if digitally signed) | ✔️ No need for ITR-V at all |
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Let me know if you'd like a **draft explanation** you can give to the director to clarify this.