Amendment to Rule 12 and Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S), ITR-4 AND ITR-V - substituted - 34/2013 - Income Tax

GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF DIRECT TAXES Notification No. 34 New Delhi, the 1 st day of May, 2013 Income Tax S.O.1111 (E) - In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:- 1. (1) These rules may be called the Income-tax ( 3rd Amendment ) Rules, 2013. (2) They shall be deemed to have come into force with effect from the 1st day of April, 2013. 2. In the Income-tax Rules, 1962 (hereinafter referred to as the said rules), in rule 12 (a) in sub-rule (1),- (A) for the figures 2012 , the figures 2013 shall be substituted; (B) in item (a), (i) in sub-item (iii), after the words income from race horses , the words and does not have any loss under the head shall be inserted; (ii) for the proviso, the following proviso shall be substituted, namely:- Provided that the provisions of this clause shall not apply to a person who,- (I) is a resident, other than not ordinarily resident in India within the meaning of sub-section (6) of section 6 and has,- (i) assets (including financial interest in any entity) located outside India; or (ii) signing authority in any account located outside India; (II) has claimed any relief of tax under sections 90 or 90A or deduction of tax under section 91 ; or (III) has income not chargeable to tax, exceeding five thousand rupees. ; (C) in clause (ca), for the proviso, the following proviso shall be substituted, namely:- Provided that the provisions of this clause shall not apply to a person who,- (I) is a resident, other than not ordinarily resident in India within the meaning of sub-section (6) of section 6 and has,─ (i) assets (including financial interest in any entity) located outside India; or (ii) signing authority in any account located outside India; (II) has claimed any relief of tax under sections 90 or 90A or deduction of tax under section 91 ; or (III) has income not chargeable to tax, exceeding five thousand rupees. ; (b) in sub-rule(2), the following proviso shall be inserted, namely:- Provided that where an assessee is required to furnish a report of audit under sections 44AB , 92E or 115JB of the Act , he shall furnish the same electronically. ; (c) in sub-rule (3), in the proviso,- (A) in clause (a), (i) for the words an individual or a hindu undivided family , the words a person, other than a company and a person required to furnish the return in Form ITR-7 shall be substituted; (ii) for the words ten lakh rupees the words five lakh rupees shall be substituted; (iii) for the figures 2012-13 , the figures 2013-14 shall be substituted; (B) after clause (aaa), the following clause shall be inserted, namely:- (aab) a person claiming any relief of tax under section 90 or 90A or deduction of tax under section 91 of the Act , shall furnish the return for assessment year 2013-14 and subsequent assessment years in the manner specified in clause (ii) or clause (iii); (C) in clause (b), after the words, brackets and figure in clause (i) , the words, brackets and figures or clause (ii) or clause (iii) shall be inserted. (d) in sub-rule 4, after the words, brackets and figures of sub-rule(3) , the words and figures and the report of audit in the manner specified in proviso to sub-rule (2) shall be inserted. (e) in sub-rule (5), for the figures 2011 , the figures 2012 shall be substituted. 3. In the said rules, in Appendix-II, for Forms SAHAJ (ITR-1), ITR-2 , ITR-3 , SUGAM (ITR-4S) , ITR-4 and ITR-V , the Forms SAHAJ (ITR-1) , ITR-2 , ITR-3 , SUGAM (ITR-4S) , ITR-4 and ITR-V shall be substituted. F.No.142/5/2013-TPL (Gaurav Kanaujia) Deputy Secretary to the Government of India Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended by Income-tax (2nd Amendment) Rules, 2013 vide notification S.O. No.410 (E) dated 19th February, 2013.