India - Income Tax Act 2010 - Saarc

S. 139 I.T. ACT, 1961 1.64856[(c) The provisions of this sub-section shall apply in respect of the assessmentfor the assessment year commencing on the 1st day of April, 1988, or any earlierassessment year, and references therein to the other provisions of this Act shallbe construed as references to the said provisions as they were applicable to therelevant assessment year.]57[(9) Where the 58 [Assessing] Officer considers that the return of incomefurnished by the assessee is defective, he may intimate the defect to the assesseeand give him an opportunity to rectify the defect within a period of fifteen daysfrom the date of such intimation or within such further period which, on anapplication made in this behalf, the 58 [Assessing] Officer may, in his discretion,allow; and if the defect is not rectified within the said period of fifteen days or,as the case may be, the further period so allowed, then, notwithstanding anythingcontained in any other provision of this Act, the return shall be treated as aninvalid return and the provisions of this Act shall apply as if the assessee hadfailed to furnish the return :Provided that where the assessee rectifies the defect after the expiry of the saidperiod of fifteen days or the further period allowed, but before the assessmentis made, the 58 [Assessing] Officer may condone the delay and treat the return asa valid return.Explanation.—For the purposes of this sub-section, a return of income shall beregarded as defective unless all the following conditions are fulfilled, namely :—58a(a) the annexures, statements and columns in the return of incomerelating to computation of income chargeable under each head ofincome, computation of gross total income and total income havebeen duly filled in;58a(b) the return is accompanied by a statement showing the computationof the tax payable on the basis of the return;59[(bb) 58a the return is accompanied by the report of the audit referred to insection 44AB, or, where the report has been furnished prior to thefurnishing of the return, by a copy of such report together with proofof furnishing the report;](c) 58a the return is accompanied by proof of—(i) the tax, if any, claimed to have been deducted 60 [or collected] atsource 61 [***] and the advance tax and tax on self-assessment, ifany, claimed to have been paid :56. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.57. Inserted by the Finance (No. 2) Act, 1980, w.e.f. 1-9-1980.58. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.58a. See also section 139C. Rule 12 now provides that the return of income shall not beaccompanied by any document or copy of any account or form or report of audit requiredto be attached with return of income under any of the provisions of the Act.59. Substituted by the Finance Act, 1995, w.e.f. 1-7-1995. Prior to its substitution, clause (bb)was inserted by the Finance Act, 1988, w.e.f. 1-4-1989.60. Inserted by the Finance Act, 2006, w.e.f. 1-4-2007.61. Words “before the 1st day of April, 2008” omitted by the Finance Act, 2008, w.e.f.1-4-2008. Earlier the quoted words were inserted by the Finance (No. 2) Act, 2004, w.e.f.1-4-2005 and amended by the Finance Act, 2006, w.e.f. 1-4-2006 and the Finance Act, 2005,w.e.f. 1-4-2005.