India - Income Tax Act 2010 - Saarc

1.639 CH. XIV - PROCEDURE FOR ASSESSMENT S. 139(a) being a company 1 [or a firm]; or(b) being a person other than a company 1 [or a firm], if his total incomeor the total income of any other person in respect of which he isassessable under this Act during the previous year exceeded themaximum amount which is not chargeable to income-tax,shall, on or before the due date, furnish a return of his income or the income ofsuch other person during the previous year, in the prescribed 2 form and verifiedin the prescribed manner and setting forth such other particulars as may beprescribed :(Contd. from p. 1.638)Provided further that the Central Government may, by notification in the Official Gazette,specify the class or classes of persons to whom the provisions of the first proviso shall notapply.Explanation 1.—In this sub-section, “due date” means—(a) where the assessee is a company, the 30th day of November of the assessment year;(b) where the assessee is a person, other than a company,—(i) in a case where the accounts of the assessee are required under this Act or anyother law to be audited or where the report of an accountant is required to befurnished under section 80HHC or section 80HHD or where the prescribedcertificate is required to be furnished under section 80R or section 80RR or subsection(1) of section 80RRA, or in the case of a co-operative society or in the caseof a working partner of a firm whose accounts are required under this Act or anyother law to be audited, the 31st day of October of the assessment year ;(ii) in a case where the total income referred to in this sub-section includes anyincome from business or profession, not being a case falling under subclause(i), the 31st day of August of the assessment year;(iii) in any other case, the 30th day of June of the assessment year.Explanation 2.—For the purposes of sub-clause (i) of clause (b) of Explanation 1, theexpression “working partner” shall have the meaning assigned to it in Explanation 4 ofclause (b) of section 40.Explanation 3.—For the purposes of this sub-section, the expression “motor vehicle” shallhave the meaning assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988(59 of 1988).Explanation 4.—For the purposes of this sub-section, the expression “travel to any foreigncountry” does not include travel to the neighbouring countries or to such places ofpilgrimage as the Board may specify in this behalf by notification in the Official Gazette.’99. For the meaning of the expression “every person”, see Taxmann’s Direct Taxes Manual,Vol. 3.1. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.2. See rule 12. For assessment year 2009-10, following returns were prescribed :ITR1ITR2(a) in the case of a person being an individual where the total income includesincome chargeable to income-tax under the head “Salaries” or income inthe nature of family pension as defined in the Explanation to clause (iia)of section 57 but does not include any other income except income by wayof interest chargeable to income-tax under the head “Income from othersources”,(b) in the case of a person being an individual [not being an individual towhom (a) applies] or a Hindu undivided family where the total incomedoes not include any income chargeable to income-tax under the head“Profits or gains of business or profession”,(Contd. on p. 1.640)