India - Income Tax Act 2010 - Saarc

1.779 CH. XVII - COLLECTION AND RECOVERY - DEDUCTION AT SOURCE S. 206within the prescribed time after the end of each financial year, prepare anddeliver or cause to be delivered] to the prescribed income-tax authority 34 35 [orsuch other authority or agency as may be prescribed], such returns 36 in suchform and verified in such manner and setting forth such particulars as may beprescribed:]37[Provided that the Board may, if it considers necessary or expedient so to do,frame a scheme 38 for the purposes of filing such returns with such otherauthority or agency referred to in this sub-section.]39[(2) Without prejudice to the provisions of sub-section (1), the person responsiblefor deducting tax under the foregoing provisions of this Chapter other than40[the prescribed person in the case of every office of the Government and] theprincipal officer in the case of every company may, at his option, deliver or causeto be delivered such return to the prescribed income-tax authority in accordancewith such scheme as may be specified by the Board in this behalf, by notificationin the Official Gazette 41 , and subject to such conditions as may be specifiedtherein, on or before the prescribed time after the end of each financial year, ona floppy, diskette, magnetic cartridge tape, CD-ROM or any other computerreadable media (hereinafter referred to as the computer media) and in themanner as may be specified in that scheme :42[Provided that the prescribed person in the case of every office of Governmentand the principal officer in the case of every company responsible for deducting34. See rule 36A. The prescribed authority under rule 36A is Director General of Income-tax(Systems)/NSDL.35. Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.36. See rules 36 and 37 and Form Nos. 24 and 26. Also see rule 37A and Form No. 27Q.37. Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.38. See Scheme for Furnishing of Paper Returns of Tax Deducted at Source, 2005.39. Sub-sections (2), (3) and (4) substituted for sub-sections (2) and (3) by the Finance Act,2003, w.e.f. 1-6-2003. Prior to their substitution, sub-sections (2) and (3), as inserted by theFinance Act, 1997, w.e.f. 1-4-1997, read as under :“(2) Notwithstanding anything contained in any other law for the time being in force, areturn filed on a floppy, diskette, magnetic cartridge tape, CD-ROM or any other computerreadable media as may be specified by the Board (hereinafter referred to as the computermedia) shall be deemed to be a return for the purposes of this section and the rules madethereunder and shall be admissible in any proceedings thereunder, without further proofof production of the original, as evidence of any contents of the original or of any factstated therein.(3) A return filed under sub-section (2) shall fulfil the following conditions, namely :—(a) while receiving returns on computer media, necessary checks by scanning thedocuments filed on computer media will be carried out and the media will be dulyauthenticated by the Assessing Officer; and(b) the Assessing Officer shall also take due care to preserve the computer media byduplicating, transferring, mastering or storage without loss of data.”40. Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-4-2005.41. See Electronic Filing of Returns of Tax Deducted at Source Scheme, 2003. See also rule37B and Form No. 27A.42. Substituted by the Finance (No. 2) Act, 2004, w.e.f. 1-4-2005. Prior to its substitution,proviso read as under :“Provided that the principal officer shall, in the case of every company responsible fordeducting tax under the foregoing provisions of this Chapter, deliver or cause to bedelivered, within the prescribed time after the end of each financial year, such returns oncomputer media under the said scheme.”