law: The Income-Tax Act, 1961
  Chapter XIV
  Procedure for Assessment
  139. Return of income.-
  1[(1) Every person,-
  (a) being a 2[company or a firm]; or
  (b) being a person 3[other than a company or a firm], if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed:
  Provided that a person referred to in clause (b), who is not required to furnish a return under this subsection and residing in such area as may be specified by the Board in this behalf by notification in the Official Gazette, and who 4[during the previous year incurs an expenditure of fifty thousand rupees or more towards consumption of electricity or at any time during the previous year]fulfils any one of the following conditions, namely:-
  (i) is in occupation of an immovable property exceeding a specified floor area, whether by way of ownership, tenancy or otherwise, as may be specified by the Board in this behalf; or
  (ii) is the owner or the lessee of a motor vehicle other than a two-wheeled motor vehicle, whether having any detachable side car having extra wheel attached to such two-wheeled motor vehicle or not; or
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  (iv) has incurred expenditure for himself or any other person on travel to any foreign country; or
  (v) is the holder of a credit card, not being an "add-on" card, issued by any bank or institution; or
  (vi) is a member of a club where entrance fee charged is twenty-five thousand rupees or more, shall furnish a return, of his income 6[during any previous year ending before the 1st day of April, 2005], on or before the due date in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed:
  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 not apply:
  Providedalso that every 2[company or a firm] shall furnish on or before the due date the return in respect of its income or loss in every previous year:
  1[Provided also that a person, being a resident other than not ordinarily resident in India within the meaning of clause (6) of section 6, who is not required to furnish a return under this sub-section and who at any time during the previous year,-
  (a) holds, as a beneficial owner or otherwise, any asset (including any financial interest in any entity) located outside India or has signing authority in any account located outside India; or
  (b) is a beneficiary of any asset (including any financial interest in any entity) located outside India, shall furnish, on or before the due date, a return in respect of his income or loss for the previous year in such form and verified in such manner and setting forth such other particulars as may be prescribed:
  Provided also that nothing contained in the fourth proviso shall apply to an individual, being a beneficiary of any asset (including any financial interest in any entity) located outside India where, income, if any, arising from such asset is includible in the income of the person referred to in clause (a) of that proviso in accordance with the provisions of this Act:]
  2[Provided alsothat every person, being an individual or a Hindu undivided family or an association of persons or a body of individuals, whether incorporated or not, or an artificial juridical person, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year, without giving effect to the 3[provisions of clause (38) of section 10 or section 10 or section 10B or section 10BA] or Chapter VIA exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed.]
  Explanation 1.-For the purposes of this sub-section, the expression "motor vehicle" shall have the meaning assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988).
  Explanation 2.-In this sub-section, "due date" means,-
  (a) where the assessee4[other than an assessee referred to in clause (aa)] is-
  (i) a company5***; or
  (ii) a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or
  (iii) a working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force, The 6[30th day of September] of the assessment year;
  7[(aa) in the case of an assessee8[who] is required to furnish a report referred to in section 92E, the 30th day of November of the assessment year;
  (b) in the case of a person other than a company, referred to in the first proviso to this subsection, the 31st day of October of the assessment year;
  (c) in the case of any other assessee, the 31st day of July of the assessment year.
  Explanation 3.-For the purposes of this sub-section, the expression "travel to any foreign country" does not include travel to the neighbouring countries or to such places of pilgrimage as the Board may specify in this behalf by notification in the Official Gazette.]
  1[Explanation 4.-For the purposes of this section "beneficial owner" in respect of an asset means an individual who has provided, directly or indirectly, consideration for the asset for the immediate or future benefit, direct or indirect, of himself or any other person.
  Explanation 5.-For the purposes of this section "beneficiary" in respect of an asset means an individual who derives benefit from the asset during the previous year and the consideration for such asset has been provided by any person other than such beneficiary.]
  2[(1A) Without prejudice to the provisions of sub-section (1), any person, being an individual who is in receipt of income chargeable under the head "Salaries" may, at his option, furnish a return of his income for any previous year to his employer, in accordance with such scheme as may be specified by the Board in this behalf, by notification in the Official Gazette, and subject to such conditions as may be specified therein, and such employer shall furnish all returns of income received by him on or before the due date, in such form (including on a floppy, diskette, magnetic cartridge tape, CD-ROM or any other computer readable media) and manner as may be specified in that scheme, and in such case, any employee who has filed a return of his income to his employer shall be deemed to have furnisheda return of income under sub-section (1), and the provisions of this Act shall apply accordingly.]
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  4[(1B) Without prejudice to the provisions of sub-section (1), any person, being a company or being a person other than a company, required to furnish a return of income under sub-section (1), may, at his option, on or before the due date, furnish a return of his income for any previous year in accordance with such scheme as may be specified by the Board in this behalf by notification in the Official Gazette and subject to such conditions as may be specified therein, in such form (including on a floppy, diskette, magnetic cartridge tape, CD-ROM or any other computer readable media) and in the manner as may be specified in that scheme, and in such case, the return of income furnished under such scheme shall be deemed to be a return furnished under sub-section (1), and the provisions of this Act shall apply accordingly.]
  5[(1C) Notwithstanding anything contained in sub-section (1), the Central Government may, by notification in the Official Gazette, exempt any class or classes of persons from the requirement of furnishing a return of income having regard to such conditions as may be specified in that notification.]
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  (3) If any person who 7*** has sustained a loss in any previous year under the head "Profits and gains of business or profession" or under the head "Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, 8[or subsection (2) of section 73A] or 9[sub-section (1) or sub-section (3) of section 74], 10[or sub-section (3) of section 74A], he may furnish, within the time allowed under sub-section (1), 11*** a return of loss in the prescribed form and verified in the prescribed manner and containing such other particulars as may be prescribed, and all the provisions of this Act shall apply as if it were a return under sub-section (1).
  1[2[(4) Anyperson who has not furnished a return within the time allowed to him under sub-section (1), may furnish the return for any previous year at any time before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.]
  3[(4A) Every person in receipt of income derived from property held under trust or other legal obligation wholly for charitable or religious purposes or in part only for such purposes, or of income being voluntary contributions referred to in sub-clause (iia) of clause (24) of section 2, shall, if the total income in respect of which he is assessable as a representative assessee (the total income for this purpose being computed under this Act without giving effect to the provisions of sections 11 and 12) exceeds the maximum amount which is not chargeable to income-tax, furnish a return of such income of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed and all the provisions of this Act shall, so far as may be, apply as if it were a return required to be furnished under sub-section (1).]]
  4[(4B) The chief executive officer (whether such chief executive officer is known as Secretary or by any other designation) of every political party shall, if the total income in respect of which the political party is assessable (the total income for this purpose being computed under this Act without giving effect to the provisions of section 13A) exceeds the maximum amount which is not chargeable to income-tax, furnish a return of such income of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed and all the provisions of this Act, shall, so far as may be, apply as if it were a return required to be furnished under sub-section (1).]
  5[(4C) Every-
  (a) 6[researchassociation] referred to in clause (21) of section 10;
  (b) news agency referred to in clause (22B) of section 10;
  (c) association or institution referred to in clause (23A) of section 10;
  7[(ca)person referred to in clause (23AAA) of section 10;]
  (d) institution referred to in clause (23B) of section 10;
  (e) fund or institution referred to in sub-clause (iv) or trust or institution referred to in sub-clause (v) or any university or other educational institution referred to in 8[sub-clause (iiiab) or] 9[sub-clause (iiiad) or sub-clause (vi)] or any hospital or other medical institution referred to in 8[sub-clause (iiiac) or] 10[sub-clause (iiiae) or sub-clause (via)] of clause (23C) of section 10;
  11[(ea) Mutual Fund referred to in clause (23D) of section 10;
  (eb) securitisation trust referred to in clause (23DA) of section 10;
  7[(eba) InvestorProtection Fund referred to in clause (23EC) or clause (23ED) of section 10;
  (ebb) Core Settlement Guarantee Fund referred to in clause (23EE) of section 10;]
  (ec) venture capital company or venture capital fund referred to in clause (23FB) of section 10;]
  (f) trade union referred to in sub-clause (a) or association referred to in sub-clause (b) of clause (24) of section 10;
  1[(fa) Board orAuthority referred to in clause (29A) of section 10;]
  2[(g) body or authority or Board or Trust or Commission (by whatever name called) referred to in clause (46) of section 10;
  (h) infrastructure debt fund referred to in clause (47) of section 10,] shall, if the total income in respect of which such 3[research association], news agency, association or institution, 1[person or] fund or trust or university or other educational institution or any hospital or other medical institution or trade union 2[or body or authority or Board or Trust or Commission or infrastructure debt fund]4[or Mutual Fund or securitisation trust or venture capital company or venture capital fund] is assessable, without giving effect to the provisions of section 10, exceeds the maximum amount which is not chargeable to income-tax, furnish a return of such income of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed and all the provisions of this Act shall, so far as may be, apply as if it were a return required to be furnished under sub-section (1).]
  5[(4D) Every university, college or other institution referred to in clause (ii) and clause (iii) of subsection (1) of section 35, which is not required to furnish return of income or loss under any other provision of this section, shall furnish the return in respect of its income or loss in every previous year and all the provisions of this Act shall, so far as may be, apply as if it were a return required to be furnished under sub-section (1).]
  4[(4E) Every business trust, which is not required to furnish return of income or loss under any other provisions of this section, shall furnish the return of its income in respect of its income or loss in every previous year and all the provisions of this Act shall, so far as may be, apply if it were a return required to be furnished under sub-section (1).]
  6[(4F)Every investment fund referred to in section 115UB, which is not required to furnish return of income or loss under any other provisions of this section, shall furnish the return of income in respect of its income or loss in every previous year and all the provisions of this Act shall, so far as may be, apply as if it were a return required to be furnished under sub-section (1).]
  7[(5) If any person, having furnished a return under sub-section (1) or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return at any time before 8*** the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.]
  1[(6) The prescribed form of the returns referred to 2[in sub-sections (1) and (3) of this section, and in clause (i) of sub-section (1) of section 142] shall, in such cases as may be prescribed, require the assessee to furnish the particulars of income exempt from tax, 3[assets of the prescribed nature and 4[value, held by him as a beneficial owner or otherwise in which he is a beneficiary], his bank account and credit card held by him], expenditure exceeding the prescribed limits incurred by him under prescribed heads and such other out-goings as may be prescribed.
  (6A) Without prejudice to the provisions of sub-section (6), the prescribed form of the returns referred to 5[in 6*** this section, and in clause (i) of sub-section (1) of section 142]shall, in the case of an assessee engaged in any business or profession, also require him to furnish 7[the report of any audit8[referred to in section 44AB,or, where the report has been furnished prior to the furnishing of the return, a copy of such report together with proof of furnishing the report]], the particulars of the location and style of the principal place where he carries on the business or profession and all the branches thereof, the names and addresses of his partners, if any, in such business or profession and, if he is a member of an association or body of individuals, the names of the other members of the association or the body of individuals and the extent of the share of the assessee and the shares of all such partners or the members, as the case may be, in the profits of the business or profession and any branches thereof.]
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  10[(8) (a) 11[Where the return under sub-section (1) or sub-section (2) or sub-section (4) for an assessment year is furnished after the specified date, or is not furnished, then [whether or not the 12[Assessing Officer] has extended the date for furnishing the return under sub-section (1) or sub-section (2)], the assessee shall be liable to pay simple interest at 13[fifteen per cent.] per annum, reckoned from the day immediately following the specified date to the date of the furnishing of the return or, where no return has been furnished, the date of completion of the assessment under section 144, on the amount of the tax payable on the total income as determined on regular assessment, as reduced by the advance tax, if any, paid, and any tax deducted at source:
  Provided that the 12[Assessing Officer] may, in such cases and under such circumstances as may be prescribed, reduce or waive the interest payable by any assessee under this sub-section.
  Explanation 1.-For the purposes of this sub-section, "specified date", in relation to a return for an assessment year, means,-
  (a) in the case of every assessee whose total income, or the total income of any person in respect of which he is assessable under this Act, includes any income from business or profession, the date of the expiry of four months from the end of the previous year or where there is more than one previous year, from the end of the previous year which expired last before the commencement of the assessment year or the 30th day of June of the assessment year, whichever is later;
  (b) in the case of every other assessee, the 30th day of June of the assessment year.]
  1[Explanation 2.-Where, in relation to an assessment year, an assessment is made for the first time under section 147, the assessment so made shall be regarded as a regular assessment for the purposes of this sub-section.]
  2[(b) Where as a result of an order under section 147 or section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264 3[or an order of the Settlement Commission under sub-section (4) of section 245D], the amount of tax on which interest was payable under this sub-section has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and-
  (i) in a case where the interest is increased, the 4[Assessing Officer] shall serve on the assessee, a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be a notice under section 156 and the provisions of this Act shall apply accordingly;
  (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded.]]
  5[(c) The provisions of this sub-section shall apply in respect of the assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year, and references therein to the other provisions of this Act shall be construed as references to the said provisions as they were applicable to the relevant assessment year.]
  6[(9) Where the 4[Assessing Officer] considers that the return of income furnished by the assessee is defective, he may intimate the defect to the assessee and give him an opportunity to rectify the defect within a period of fifteen days from the date of such intimation or within such further period which, on an application made in this behalf, the 4[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 anything contained in any other provision of this Act, the return shall be treated as an invalid return and the provisions of this Act shall apply as if the assessee had failed to furnish the return: Provided that where the assessee rectifies the defect after the expiry of the said period of fifteen days or the further period allowed, but before the assessment is made, the 4[Assessing Officer] may condone the delay and treat the return as a valid return.
  Explanation.-For the purposes of this sub-section, a return of income shall be regarded as defective unless all the following conditions are fulfilled, namely:-
  (a) the annexures, statements and columns in the return of income relating to computation of income chargeable under each head of income, computation of gross total income and total income have been duly filled in;
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  (b) the return is accompanied by a statement showing the computation of the tax payable on the basis of the return;
  1[(bb) the return is accompanied by the report of the audit referred to in section 44AB, or, where the report has been furnished prior to the furnishing of the return, by a copy of such report together with proof of furnishing the report;]
  (c) the return is accompanied by proof of-
  (i) the tax, if any, claimed to have been 2[deducted or collected at source]3*** and the advance tax and tax on self-assessment, if any, claimed to have been paid:
  4[Provided that where the return is not accompanied by proof of the tax, if any, 5[claimed to have been deducted or collected at source], the return of income shall not be regarded as defective if-
  6[(a) a certificate for tax deducted or collected was not furnished under section 203 or section 206C to the person furnishing his return of income;]
  (b) such certificate is produced within a period of two years specified under sub-section (14) of section 155;]
  (ii) the amount of compulsory deposit, if any, claimed to have been made under the Compulsory Deposit Scheme (Income-tax Payers) Act, 1974 (38 of 1974);
  (d) where regular books of account are maintained by the assessee, the return is accompanied by copies of-
  (i) manufacturing account, trading account, profit and loss account or, as the case may be, income and expenditure account or any other similar account and balance sheet;
  (ii) in the case of a proprietary business or profession, the personal account of the proprietor; in the case of a firm, association of persons or body of individuals, personal accounts of the partners or members; and in the case of a partner or member of a firm, association of persons or body of individuals, also his personal account in the firm, association of persons or body of individuals;
  (e) where the accounts of the assessee have been audited, the return is accompanied by copies of the audited profit and loss account and balance sheet and the 7[auditor's report and, where an audit of cost accounts of the assessee has been conducted under section 233B of the Companies Act, 1956 (1 of 1956), also the report under that section];
  (f) where regular books of account are not maintained by the assessee, the return is accompanied by a statement indicating the amounts of turnover or, as the case may be, gross receipts, gross profit, expenses and net profit of the business or profession and the basis on which such amounts have been computed, and also disclosing the amounts of total sundry debtors, sundry creditors, stock-in-trade and cash balance as at the end of the previous year.]
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  1. Subs. by Act 14 of 2001, s. 59, for sub-section (1) (w.e.f. 1-4-2001). Earlier substituted by 13 of 1963, s. 8 (w.r.e.f. 1-4-1962).
  As amended by Act 27 of 1967, s. 4 (w.e.f. 1-10-1967). As so amended by Act 42 of 1970, s. 26 (w.e.f. 1-4-1970).
  As amended by Act 16 of 1972, s. 26 (w.e.f. 1-4-1972). Amended by Act 4 of 1988, s. 42 (w.e.f. 1-4-1988).
  As so amended by Act 3 of 1989, s. 20 (w.e.f. 1-4-1989).Earlier amended by Act 12 of 1990, s. 34 (w.e.f. 1-4-1991).
  Amended by Act 18 of 1992, s. 59 (w.e.f. 1-4-1993).
  2. Subs. by Act 18 of 2005, s. 40, for "company" (w.e.f. 1-4-2006).
  3. Subs. by s. 40, ibid., for "other than a company" (w.e.f. 1-4-2006).
  4. Subs. by s. 40, ibid.,for "at any time during the previous year" (w.e.f. 1-4-2006).
  5. Clause (iii) omitted by s. 40, ibid. (w.e.f. 1-4-2006).
  6. Subs. by Act 21 of 2006, s. 31, for "during the previous year" (w.e.f. 1-4-2006).
  1. Subs. by Act 20 of 2015, s. 35, for the proviso (w.e.f. 1-4-2016). Earlier Substituted by Act 23 of 2012, s. 59 (w.e.f. 1-4-2012).
  2. Ins. by Act 18 of 2005, s. 40 (w.e.f. 1-4-2006).
  3. Subs. by Act 28 of 2016, s. 67, for "provisions of section 10A" (w.e.f. 1-4-2017).
  4. Ins. by Act 23 of 2012, s. 59 (w.e.f. 1-4-2012).
  5. The words, brackets and letter "other than a company referred to in clause (aa)" omitted by s. 59, ibid. (w.e.f. 1-4-2012).
  Earlier the words were inserted by Act 8 of 2011, s. 24 (w.e.f. 1-4-2011).
  6. Subs. by Act 18 of 2008, s. 30, for "30th day of October" (w.e.f. 1-4-2008).
  7. Ins. by Act 8 of 2011, s. 24 (w.e.f. -4-2011).
  8. Subs. by Act 23 of 2012, s. 59, for "being a company, which" (w.e.f. 1-4-2012).
  1. Ins. by Act 20 of 2015, s. 35 (w.e.f. 1-4-2016).
  2. Ins. by Act 20 of 2002, s. 59 (w.e.f. 1-4-2002).Earlier sub-section (1A) was amended by 13 of 1963, s. 8 (w.e.f. 14-1962).
  Earlier amended by 19 of 1970, s. 20 (w.e.f. 1-4-1971).
  3. Explanation omitted by Act 67 of 1984, s. 25 (w.ef. 1-4-1985).
  4. Ins. by Act 32 of 2003, s. 62 (w.e.f. 1-4-2003).
  5. Ins. by Act 8 of 2011, s. 24 (w.e.f. 1-6-2011).
  6. Sub-section (2) omittedby Act 4 of 1988, s. 42 (w.e.f. 1-4-1989).
  7. The words "has not been served with a notice under sub-section (2)" omitted by Act 4 of 1988, s. 42 (w.e.f. 1-4-1989).
  8. Ins. by Act 28 of 2016, s. 67 (w.e.f. 1-4-2016).
  9. Subs. by Act 11 of 1987, s. 74, for "sub-section (1) of section 74" (w.e.f. 1-4-1988).
  10. Ins. by Act 20 of 1974, s. 10 (w.e.f. 1-4-1975).
  11. The words "or by the thirty-first day of July of the assessment year relevant to the previous year during which the loss was sustained" by Act 4 of 1988, s. 42 (w.e.f. 1-4-1989).
  1. Subs. by Act 4 of 1988, s. 42, for sub-sections (4) and (4a) (w.e.f. 1-4-1989).
  2. Subs. by Act 28 of 2016, s. 67, for sub-section (4) (w.e.f. 1-4-2017). Earlier sub-section (4) was substituted by Act 4 of 1988, s. 42 (w.e.f. 1-4-1989).
  3. Subs. by Act 3 of 1989, s. 20, for sub-section (4A) (w.e.f. 1-4-1989). Original sub-section (4A) was inserted by Act 19 of 1970, s. 20 (w.e.f. 1-4-1971) and substituted by Act 16 of 1972, s. 26 (w.e.f. 1-4-1973).
  4. Ins. by Act 29 of 1978, s. 2 (w.e.f. 1-4-1979).
  5. Ins. by Act 20 of 2002, s. 59 (w.e.f. 1-4-2003).
  6. Subs. by Act 14 of 2010, s. 32, for "scientific research association" (w.e.f. 1-4-2011).
  7. Ins. by Act 7 of 2017, s. 55 (w.e.f. 1-4-2018).
  8. Ins. by Act 20 of 2015, s. 35 (w.e.f. 1-4-2016).
  9. Subs. by Act 29 of 2006, s. 12, for "sub-clause (vi)" (w.r.e.f. 1-4-2006).
  10. Subs. by s. 12,ibid., for "sub-clause (via)" (w.e.f. 1-4-2006).
  11. Ins. by Act 25 of 2014, s. 49 (w.e.f. 1-4-2015).
  1. Ins. by Act 7 of 2017, s. 55 (w.e.f. 1-4-2018).
  2. Ins. by Act 8 of 2011, s. 24 (w.e.f. 1-6-2011).
  3. Subs. by Act 14 of 2010, s. 32, for "scientific research association" (w.e.f. 1-4-2011).
  4. Ins. by Act 25 of 2014, s. 49 (w.e.f. 1-4-2015).
  5. Ins. by Act 29 of 2006, s. 12 (w.e.f. 1-4-2006).
  6. Ins. by Act 20 of 2015, s. 35 (w.e.f. 1-4-2016).
  7. Subs. by Act 28 of 2016, s. 67, for sub-section (5) (w.e.f. 1-4-2017). Earlier sub-section (5) was substituted by Act 4 of 1988, s. 42 (w.e.f. 1-4-1988).
  8. The words "the expiry of one year from" omitted by Act 7 of 2017, s. 55 (w.e.f. 1-4-2018).
  1. Subs. by Act 41 of 1975, s. 38, for sub-section (6) (w.e.f. 1-4-1976).
  2. Subs. by Act 4 of 1988, s. 42, for "in sub-sections (1), (2) and (3)" (w.e.f. 1-4-1989).
  3. Subs. by Act 20 of 2015, s. 35, for "assets of the prescribed nature, value and belonging to him" (w.e.f. 1-4-2016).
  4. Subs. by Act 27 of 1999, s. 62, for "and value and belonging to him" (w.e.f. 1-6-1999).
  5. Subs. by Act 4 of 1988, s. 42, for "in sub-sections (1), (2) and (3)"(w.e.f. 1-4-1989).
  6. The words "sub-sections (1) and (3) of" omitted by Act 22 of 1995, s. 29 (w.e.f. 1-7-1995).
  7. Ins. by Act 26 of 1988, s. 35 (w.e.f. 1-4-1989).
  8. Subs. by Act 22 of 1995, s. 29, for "obtained under section 44AB" (w.e.f. 1-7-1995).
  9. Sub-section (7) omitted by Act 4 of 1988, s. 42 (w.e.f. 1-4-1989).
  10. Subs. by Act 42 of 1970, s. 26, for sub-section (8) (w.e.f. 1-4-1971). Earlier sub-section (8) was inserted by Act 13 of 1963, s. 8 (w.e.f. 28-4-1963).
  11. Subs. by Act 16 of 1972, s. 26, for the portion beginning with "Where the return" and ending with "under this subsection" (w.e.f. 1-4-1972).
  12. Subs. by Act 4 of 1988, s. 2, for "Income-tax Officer" (w.e.f. 1-4-1988).
  13. Subs. by Act 67 of 1984, s. 25, for "twelve per cent." (w.e.f. 1-10-1984).
  1. Subs. by Act 67 of 1984, s. 25, for Explanation2 (w.e.f. 1-4-1985). Earlier the Explanation was renumbered as Explanation2 thereof by Act 16 of 1972, s. 26 (w.e.f. 1-4-1971).
  2. Subs. by Act 67 of 1984, s. 25, for clause (b) (w.e.f. 1-4-1985).
  3. Ins. by Act 4 of 1988, s. 126 (w.e.f. 1-4-1989).
  4. Subs. by s. 2, ibid.,for "Income-tax Officer" (w.e.f. 1-4-1988).
  5. Ins. by s. 42, ibid. (w.e.f. 1-4-1989).
  6. Ins. by Act 44 of 1980, s. 24 (w.e.f. 1-9-1980).
  7. Clause (aa) omitted by Act 28 of 2016, s. 67 (w.e.f. 1-4-2017). Earlier clause (aa) omitted by Act 17 of 2013, s. 36 (w.e.f. 1-6-2013).
  1. Subs. by Act 22 of 1995, s. 29, for clause (bb) (w.e.f. 1-7-1995). Earlier clause (bb) was inserted by Act 26 of 1988, s. 35 (w.e.f. 1-4-1989).
  2. Subs. by Act 21 of 2006, s. 31, for "deducted at source" (w.e.f. 1-4-2007).
  3. The words "before the 1st day of April, 2008" omitted by Act 18 of 2008, s. 30 (w.e.f. 1-4-2008).
  4. Ins. by Act 20 of 2002, s. 59 (w.e.f. 1-6-2002).
  5. Subs. by Act 21 of 2006, s. 31, for "claimed to have been deducted at source" (w.e.f. 1-4-2007).
  6. Subs. by s. 31, ibid., for clause (a) (w.e.f. 1-4-2018).
  7. Subs. by Act 32 of 1985, s. 29, for "auditor's report" (w.e.f. 1-4-1985).
  8. The proviso omitted by Act 22 of 2007, s. 44 (w.e.f. 1-6-2006). Earlier the proviso inserted by Act 21 of 2006, s. 31 (w.e.f. 1-6-2006).
  9. Sub-section (10) omitted by Act 49 of 1991, s. 44 (w.e.f. -4-1991).
  1[139A. Permanent account number.-
  (1) Every person,-
  (i) if his total income or the total income of any other person in respect of which he is assessable under this Act during any previous year exceeded the maximum amount which is not chargeable to income-tax; or
  (ii) carrying on any business or profession whose total sales, turnover or gross receipts are or is likely to exceed 2[five lakhrupees] in any previous year; or
  (iii) who is required to furnish a return of income under 3[sub-section (4A) of section 139;or
  (iv) being an employer, who is required to furnish a return of fringe benefits under section 115WD,] 4[or]
  4[(v) being a resident, other than an individual, which enters into a financial transaction of an amount aggregating to two lakh fifty thousand rupees or more in a financial year; or
  (vi) who is the managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of the person referred to in clause (v) or any person competent to act on behalf of the person referred to in clause (v),] and who has not been allotted a permanent account number shall, within such time, as may be prescribed, apply to the Assessing Officer for the allotment of a permanent account number.
  5[(1A) Notwithstanding anything contained in sub-section (1), the Central Government may, by notification in the Official Gazette, specify, any class or classes of persons by whom tax is payable under this Act or any tax or duty is payable under any other law for the time being in force including importers and exporters whether any tax is payable by them or not and such persons shall, within such time as mentioned in that notification, apply to the Assessing Officer for the allotment of a permanent account number.]
  6[(1B) Notwithstanding anything contained in sub-section (1), the Central Government may, for the purpose of collecting any information which may be useful for or relevant to the purposes of this Act, by notification in the Official Gazette, specify, any class or classes of persons who shall apply to the Assessing Officer for the allotment of the permanent account number and such persons shall, within such time as mentioned in that notification, apply to the Assessing Officer for the allotment of a permanent account number.]
  7[(2) The Assessing Officer, having regard to the nature of the transactions as may be prescribed, may also allot a permanent account number, to any other person (whether any tax is payable by him or not), in the manner and in accordance with the procedure as may be prescribed.]
  (3) Any person, not falling under sub-section (1) or sub-section (2), may apply to the Assessing Officer for the allotment of a permanent account number and, thereupon, the Assessing Officer shall allot a permanent account number to such person forthwith.
  (4) For the purpose of allotment of permanent account numbers under the new series, the Board may, by notificationin the Official Gazette, specify the date from which the persons referred to in sub-sections (1) and (2) and other persons who have been allotted permanent account numbers and residing in a place to be specified in such notification, shall, within such time as may be specified, apply to the Assessing Officer for the allotment of a permanent account number under the new series and upon allotment of such permanent account number to a person, the permanent account number, if any, allotted to him earlier shall cease to have effect:
  Provided that the persons to whom permanent account number under the new series has already been allotted shall not apply for such number again.
  (5) Every person shall-
  (a) quote such number in all his returns to, or correspondence with, any income-tax authority;
  (b) quote such number in all challans for the payment of any sum due under this Act;
  (c) quote such number in all documents pertaining to such transactions as may be prescribedby the Board in the interests of the revenue, and entered into by him:
  Provided that the Board may prescribe different dates for different transactions or class of transactions or for different class of persons:
  1[Provided further that a person shall quote General Index Register Number till such time Permanent Account Number is allotted to such person;]
  (d) intimate the Assessing Officer any change in his address or in the name and nature of his business on the basis of which the permanent account number was allotted to him.
  2[(5A) Every person receiving any sum or income or amount from which tax has been deducted under the provisions of Chapter XVIIB, shall intimate his permanent account number to the person responsible for deducting such tax under that Chapter:
  *
  *
  *
  *
  Provided further that a person referred to in this sub-section shall intimate the General Index Register Number till such time permanent account number is allotted to such person.
  (5B) Where any sum or income or amount has been paid after deducting tax under Chapter XVIIB, every person deducting tax under that Chapter shall quote the permanent account number of the person to whom such sum or income or amount has been paid by him-
  (i) in the statement furnished in accordance with the provisions of sub-section (2C) of section 192;
  (ii) in all certificates furnished in accordance with the provisions of section 203;
  (iii) in all returns prepared and delivered or caused to be delivered in accordance with the provisions of section 206 to any income-tax authority;
  4[(iv) in all 5*** statements prepared and delivered or caused to be delivered in accordance with the provisions of sub-section (3) of section 200:]
  Provided that the Central Government may, by notification in the Official Gazette, specify different dates from which the provisions of this sub-section shall apply in respect of any class or classes of persons:
  Provided further that nothing contained in sub-sections (5A) and (5B) shall apply in case of a person whose total income is not chargeable to income-tax or who is not required to obtain permanent account number under any provision of this Act if such person furnishes to the person responsible for deducting tax, a declaration referred to in section 197A in the form and manner prescribed thereunder to the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil.
  (5C) Every 6[buyer or licensee or lessee] referred to in section 206C shall intimate his permanent account number to the 7[person responsible for collecting tax] referred to in that section.
  (5D) Every 7[person] collecting tax in accordance with the provisions of section 206C shall quote the permanent account number of every 6[buyer or licensee or lessee] referred to in that section-
  (i) in all certificates furnished in accordance with the provisions of sub-section (5) of section 206C;
  (ii) in all returns prepared and delivered or caused to be delivered in accordance with the provisions of sub-section (5A) or sub-section (5B) of section 206C to an income-tax authority;]
  1[(iii) in all 2*** statements prepared and delivered or caused to be delivered in accordance with the provisions of sub-section (3) of section 206C.]
  (6) Every person receiving any document relating to a transaction prescribed under clause (c) of sub-section (5) shall ensure that the Permanent Account Number 3[or the General Index Register Number] has been duly quoted in the document.
  (7) No person who has already been allotted a permanent account number under the new series shall apply, obtain or possess another permanent account number.
  4[Explanation.-For the removal of doubts, it is hereby declared that any person, who has been allotted a permanent account number under any clause other than clause (iv) of sub-section (1), shall not be required to obtain another permanent account number and the permanent account number already allotted to him shall be deemed to be the permanent account number in relation to fringe benefit tax.]
  (8) The Board may make rules providing for-
  (a) the form and the manner in which an application may be made for the allotment of a permanent account number and the particulars which such application shall contain;
  (b) the categories of transactions in relation to which Permanent Account Numbers 3[or the General Index Register Number] shall be quoted by every person in the documents pertaining to such transactions;
  (c) the categories of documents pertaining to business or profession in which such numbers shall be quoted by every person;
  3[(d) class or classes of persons to whom the provisions of this section shall not apply;
  (e) the form and the manner in which the person who has not been allotted a Permanent Account Number or who does not have General Index Register Number shall make his declaration;
  (f) the manner in which the Permanent Account Number or the General Index Register Number shall be quoted in respect of the categories of transactions referred to in clause (c);
  (g) the time and the manner in which the transactions referred to in clause (c) shall be intimated to the prescribed authority.]
  Explanation.-For the purposes of this section,-
  (a) "Assessing Officer" includes an income-tax authority who is assigned the duty of allotting permanent account numbers;
  (b) "permanent account number" means a number which the Assessing Officer may allot to any person for the purpose of identification and includes a permanent account number allotted under the new series;
  (c) "permanent account number under the new series" means a permanent account number having ten alphanumeric characters 5***;]
  3[(d) "General Index Register Number" means a number given by an Assessing Officer to an assessee in the General Index Register maintained by him and containing the designation and particulars of the ward or circle or range of the Assessing Officer.]
  1. Subs. by Act 22 of 1995, s. 30, for section 139A (w.e.f. 1-7-1995).
  2. Subs. by Act 21 of 1998, s. 41, for "fifty thousand rupees" (w.e.f. 1-8-1998).
  3. Subs. by Act 18 of 2005, s. 41, for "sub-section (4A) of section 139" (w.e.f. 1-4-2006).
  4. Ins. by Act 13 of 2018, s. 44 (w.e.f. 1-4-2018).
  5. Ins. by Act 10 of 2000, s. 58 (w.e.f. 1-6-2000).
  6. Ins. by Act 21 of 2006, s. 32 (w.e.f. 1-6-2006).
  7. Subs. by s. 32, ibid., for sub-section (2) (w.e.f. 1-6-2006).
  1. Ins. by Act 21 of 1998, s. 41 (w.e.f. 1-8-1998).
  2. Ins. by Act 14 of 2001, s. 60 (w.e.f. 1-6-2001).
  3. The first proviso omitted by Act 23 of 2004, s. 33 (w.e.f. 1-4-2005).
  4. Ins. by Act 21 of 2006, s. 32 (w.e.f. 1-6-2006).
  5. The word "quarterly" omitted by Act 33 of 2009, s. 53 (w.e.f. 1-10-2009).
  6. Subs. by Act 23 of 2004, s. 33, for "buyer" (w.e.f. 1-10-2004).
  7. Subs. by Act 21 of 2006, s. 32, for "seller" (w.e.f. 1-4-2007).
  1. Ins. by Act 21 of 2006, s. 32 (w.e.f. 1-6-2006).
  2. The word "quarterly" omitted by Act 33 of 2009, s. 53 (w.e.f. 1-10-2009).
  3. Ins. by Act 21 of 1998, s. 41 (w.e.f. 1-8-1998).
  4. Ins. by Act 18 of 2005, s. 41 (w.e.f. 1-4-2006).
  5. The words "and issued in the form of a laminated card" omitted by Act 13 of 2018, s. 44 (w.e.f. 1-4-2018).
  1[139AA.Quoting of Aadhaar number.-
  (1) Every person who is eligible to obtain Aadhaar number shall, on or after the 1st day of July, 2017, quote Aadhaar number-
  (i) in the application form for allotment of permanent account number;
  (ii) in the return of income:
  Provided that where the person does not possess the Aadhaar Number, the Enrolment ID of Aadhaar application form issued to him at the time of enrolment shall be quoted in the application for permanent account number or, as the case may be, in the return of income furnished by him.
  (2) Every person who has been allotted permanent account number as on the 1st day of July, 2017, and who is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to such authority in such form and manner as may be prescribed, on or before a date to be notified by the Central Government in the Official Gazette:
  Provided that in case of failure to intimate the Aadhaar number, the permanent account number allotted to the person shall be deemed to be invalid and the other provisions of this Act shall apply, as if the person had not applied for allotment of permanent account number.
  (3) The provisions of this section shall not apply to such person or class or classes of persons or any State or part of any State, as may be notified by the Central Government in this behalf, in the Official Gazette.
  Explanation.-For the purposes of this section, the expressions-
  (i) "Aadhaar number", "Enrolment" and "resident" shall have the same meanings respectively assigned to them in clauses (a), (m) and (v) of section 2 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016;
  (ii) "Enrolment ID" means a 28 digit Enrolment Identification Number issued to a resident at the time of enrolment.]
  1. Ins. by Act 7 of 2017, s. 56 (w.e.f. 1-4-2017).
  2[139B. Scheme for submission of returns through Tax Return Preparers.-
  (1) For the purpose of enabling any specified class or classes of persons in preparing and furnishing returns of income, the Board may, without prejudice to the provisions of section 139, frame a Scheme, by notification in the Official Gazette, providing that such persons may furnish their returns of income through a Tax Return Preparer authorised to act as such under the Scheme.
  (2) Every Tax Return Preparer shall assist the persons furnishing the return of income in such manner as may be specified in the Scheme framed under this section and affix his signature on such return.
  (3) For the purposes of this section,-
  (a) "Tax Return Preparer" means any individual, [not being a person referred to in clause (ii) or clause (iii) or clause (iv) of sub-section (2) of section 288 or an employee of the "specified class or classes of persons"], who has been authorised to act as a Tax Return Preparer under the Scheme framed under this section;
  (b) "specified class or classes of persons" means any person, other than a company or a person, whose accounts are required to be audited under section 44AB or under any other law for the time being in force, who is required to furnish a return of income under this Act.
  (4) The Scheme framed by the Board under this section may provide for the following, namely:-
  (a) the manner in which and the period for which the Tax Return Preparers shall be authorised under sub-section (3);
  (b) the educational and other qualifications to be possessed, and the training and other conditions required to be fulfilled, by a person to act as a Tax Return Preparer;
  (c) the code of conduct for the Tax Return Preparers;
  (d) the duties and obligations of the Tax Return Preparers;
  (e) the circumstances under which the authorisation given to a Tax Return Preparer may be withdrawn;
  (f) any other matter which is required to be, or may be, specified by the Scheme for the purposes of this section.
  (5) The Scheme framed by the Board under this section shall be laid, as soon as may be after it is framed, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Scheme or both Houses agree that the Scheme should not be framed, the Scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Scheme.]
  2. Ins. by Act 21 of 2006, s. 33 (w.e.f. 1-6-2006).
  1[139C. Power of Board to dispense with furnishing documents, etc., with return.-
  (1) The Board may make rules providing for a class or classes of persons who may not be required to furnish documents, statements, receipts, certificates, reports of audit or any other documents, which are otherwise under any other provisions of this Act, except section 139D, required to be furnished, along with the return but on demand to be produced before the Assessing Officer.
  (2) Any rule made under the proviso to sub-section (9) of section 139 as it stood immediately before its omission by the Finance Act, 2007 shall be deemed to have been made under the provisions of this section.
  1. Ins. by Act 22 of 2007, s. 45 (w.e.f. 1-6-2006).
  139D. Filing of return in electronic form.-
  The Board may make rules providing for-
  (a) the class or classes of persons who shall be required to furnish the return in electronic form;
  (b) the form and the manner in which the return in electronic form may be furnished;
  (c) the documents, statements, receipts, certificates or audited reports which may not be furnished along with the return in electronic form but shall be produced before the Assessing Officer on demand;
  (d) the computer resource or the electronic record to which the return in electronic form may be transmitted.]