Signing and Verification of ITR - Section 140 - Income Tax - Ready Reckoner - Income Tax

Return by whom to be verified - Section 140 The return under section 139 shall be verified:- In the case o f an Individual- by the individual himself; or where he is absent from India, by the individual himself or by some person duly authorized by him on his behalf; or where he is mentally incapacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf and where, for any other reason it is not possible for the individual to sign the return, by any person duly authorized by him in this behalf. In case of (ii) and (iv) above, the person signing the return should hold a valid power of attorney from the individual to do so, which shall be attached to the return. In the case of a Hindu Undivided Family- Only by the Karta. However, in the following two cases it can be signed by any other adult member of the family: Where the karta is absent from Indian; or Where the Karta is mentally incapacitated from attending to his affairs; In the case of a Company- by the managing director thereof, or where for any unavoidable reason such managing director is not able to sign and verify the return, or where there is no managing director, by any director or any other person may be prescribed or in the case of a company being wound up, by the liquidator or in case of a company whose management has been taken over by the Central Government or the State Government, by the principal Officer thereof. However, if the company is non-resident in India, the return may be signed and verified by a person who holds a valid power of attorney from such company to do so; In the case of a Firm- by the managing partner thereof, or where for any unavoidable reason, such managing partner is not able to sign and verify the return, or where there is no managing partner as such, by any partner thereof, not being a minor; In the case of a Limited Liability Partnership- By the designated partner thereof or where for any unavoidable reason such designated partner is not able to sign and verify the return or where there is no designated partner as such, by any partner thereof; In the case of a Local Authority- By the principal officer thereof; In the case of a Political Party- By the chief executive officer of such party (whether such Chief Executive Officer is known as Secretary or by any other designation); In the case of any Other Association- By any member of the association or the principal officer; In the case of any Other Person- (i) by that person or (ii) by some person competent to act on his behalf. NOTES:- A return which is not signed or verified is not a defective return but an invalid return and therefore it is no return in the eyes of law. A notice issued u/s 143(2) in response to an unsigned and unverified return does not validate such invalid return. The general clauses Acts accepts the thumb impression, as one of the modes of signing, valid and binding therefore it is not to be considered as a ground for rejecting the application of the assessee. Where the return of income filed by the assessee was neither signed by her, nor was it verified in terms of mandate of section 140 , it was held that such glaring inherent defect could not be cured inspite of deeming effect of section 292B and the AO cannot make an assessment on invalid return.