India - Income Tax Act 2010 - Saarc

S. 139 I.T. ACT, 1961 1.642Explanation 2.—In this sub-section, “due date” means,—(a) where the assessee is—(i) a company; or(ii) a person (other than a company) whose accounts are required tobe audited under this Act or under any other law for the timebeing in force; or(iii) a working partner of a firm whose accounts are required to beaudited under this Act or under any other law for the time beingin force,the 12 [30th day of September] of the assessment year;(b) in the case of a person other than a company, referred to in the firstproviso to this sub-section, the 31st day of October of the assessmentyear;(c) in the case of any other assessee, the 31st day of July of the assessmentyear.Explanation 3.—For the purposes of this sub-section, the expression “travel toany foreign country” does not include travel to the neighbouring countries or tosuch places of pilgrimage as the Board may specify in this behalf by notification 13in the Official Gazette.]14[(1A) Without prejudice to the provisions of sub-section (1), any person, beingan individual who is in receipt of income chargeable under the head “Salaries”12. Substituted for “31st day of October” by the Finance Act, 2008, w.e.f. 1-4-2008.13. For notified places of pilgrimage and neighbouring countries, see Taxmann’s Direct TaxesCirculars.14. Inserted by the Finance Act, 2002, w.e.f. 1-4-2002. Earlier sub-section (1A) was amendedby the Finance Act, 1963, w.r.e.f. 1-4-1962, the Taxation Laws (Amendment) Act, 1970, w.e.f.1-4-1971, the Finance Act, 1974, w.e.f. 1-4-1975, the Finance Act, 1982, w.e.f. 1-4-1983, theTaxation Laws (Amendment) Act, 1984, w.e.f. 1-4-1985 and the Finance Act, 1985, w.e.f.1-4-1986 and later on omitted by the Finance Act, 1992, w.e.f. 1-4-1993. Prior to omissionsub-section (1A) read as under :‘(1A) Notwithstanding anything contained in sub-section (1), no person need furnish underthat sub-section a return of his income or the income of any other person in respect ofwhose total income he is assessable under this Act, if his income or, as the case may be,the income of such other person during the previous year consisted only of incomechargeable under the head “Salaries” or of income chargeable under that head and alsoincome of the nature referred to in any one or more of clauses (i) to (ix) of sub-section (1)of section 80L and the following conditions are fulfilled, namely :—(a) where he or such other person was employed during the previous year by a company,he or such other person was at no time during the previous year a director of thecompany or a beneficial owner of shares in the company (not being shares entitledto a fixed rate of dividend whether with or without a right to participate in profits)carrying not less than twenty per cent of the voting power;(b) his income or the income of such other person under the head “Salaries”, exclusiveof the value of all benefits or amenities not provided for by way of monetary payment,does not exceed twenty-four thousand rupees;(c) the amount of income of the nature referred to in clauses (i) to (ix) of sub-section (1)of section 80L, if any, does not, in the aggregate, exceed the maximum amountallowable as deduction in his case under that section; and(d) the tax deductible at source under section 192 from the income chargeable under thehead “Salaries” has been deducted from that income.’