THE Rule 12 of the Income-tax Rules, 1962 mandates
that an individual or Hindu undivided family, if his or its total income
or the total income in respect of which he is or it is assessable under
the Act, during the previous year, exceeds ten lakh rupees, shall furnish
the return electronically for the assessment year 2012-13 and subsequent
assessment years.
It has been brought to the notice of the Board that the agents of non-residents,
within the meaning of section 160(1) (i) of the Income –tax Act, are facing
difficulties in electronically furnishing the returns of non-residents.
This is because there may be more than one agent of the non-resident in
India for different transactions or a person in India may be an agent of
more than one non-resident. Such situations are not covered by the existing
e-filing software which functions on the principle of one assessee-one
PAN-one return.
It has also been brought to the notice of the Board that ‘private discretionary trusts' having total income exceeding ten lakh rupees are facing problems in filing their return of income electronically in cases where they are filing their return in the status of an individual. This is because status of a private discretionary trust has been held in law as that of an ‘individual'. The existing e-filing software does not accept the return of a private discretionary trust in the status of an ‘individual'.
Accordingly it has been decided by the Board that:
(i) it will not be mandatory for agents of non-residents, within the meaning of section 160(1) (i) of the Income-tax Act, if his or its total income exceeds ten lakh rupees, to electronically furnish the return of income of non-residents for assessment year 2012-13;
(ii) it will not be mandatory for ‘private discretionary trusts', if its total
income exceeds ten lakh rupees, to electronically furnish the return of income
for assessment year 2012-13.
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