GET FORM ‘C’ WITHOUT ANY HASSLE

The Maharashtra Sales Tax Department is moving with the world. The department has started a separate website http://www.mahavat.gov.in for issuing various forms related to Sales Tax. The services from this site will be available from 2nd Feb. 2009 and shall be available only for dealers who have opted for e-services.

DUE DATE OF FILLING INCOME TAX RETURN

Due date of filling income tax return for the assessment year 2008-09 is 30th Sept. 2008. This date is applicable to all i.e. partnership firms, proprietors, companies, HUF except the salaried persons. Similarly all the business or professions which have to get their A/c audited u/s. 44AB of the IT Act or under any statutaory act should also get A/c audited and file the return on or before 30th Sept.2008. For more log on to Income Tax Website.

No document (including TDS/TCS certificate, report of audit) should be

Circular No.6 /2008

F.No.142/02/2008-TPL

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

(Tax Policy and Legislation Division)

New Delhi, dated the 18th July, 2008



Subject : New Return Forms for the Assessment Year 2008-09 – and matters connected thereto – reg.


The Central Board of Direct Taxes, vide notification S.O.No.752(E) dated

28.3.2008 have notified return forms for the assessment year 2008-09. With a view to

enabling tax-payers to file returns in the electronic mode, these returns (except ITR-7)

have been made annexure-less. The instructions for filling up the return forms clearly

stipulate that “No document (including TDS/TCS certificate, report of audit) should be

attached to this form. Official receiving the return has been instructed to detach all

documents enclosed with this form and return the same to the assessee.”.

2. It has come to the notice of the Board that in spite of the directions contained in

the Instructions for filling the return forms, the practice of accepting returns, along with

annexures is still continuing. This practice goes against the expressed policy of the

Government and is not in consonance with the legal provisions. Therefore, it is

emphasized that Chief Commissioners of Income Tax must ensure strict compliance with

the provisions of law. It may be reiterated that all annexures accompanying the income

tax return forms should be detached and returned to the tax-payers by the receiving

official.

3. Further, while processing such returns under section 143(1), the credit for tax

deducted at source (TDS)/tax collected at source (TCS) shall be allowed on the basis of

details furnished in the relevant schedules of the return forms subject to Instruction

No.6/2008 dated 18

th June, 2008 issued by the Central Board of Direct Taxes in respect

of assessment year 2007-08 or any similar instructions as may be issued for assessment

year 2008-09. No disallowance of claim for TDS/TCS shall be made by the assessing

officer only on the ground that the TDS/TCS certificates have not been filed along with the

return of income or Form ITR-V. The same procedure shall also apply in respect of

challans relating to Advance Tax and Self Assessment Tax.

4. Assessees are advised to retain with themselves all annexures relating to

computation of income, TDS/TCS certificates, counterfoil of challans relating to payment

of advance tax and self assessment tax, audit reports and any other document which they

would have otherwise liked to file in support of their claims. The original documents and

certificates may be produced by them as and when called for by the assessing officer.

5. Instances have also come to the knowledge of the Board that ITR-V verification

form are being received without giving them a Receipt Number. Since ITR-V verification

form is an acknowledgement, the same should be received by giving a Return Receipt

Number, as if it were a return. Separate counters may be set-up to receive such ITR-V

verification forms. These ITR-V verification forms should be kept in safe custody.

(Sambit Tripathy)

Under Secretary to Govt. of India

Copy to


:-

i. All Chief Commissioners/Directors General of Income-tax with a request to circulate

amongst all officers in their regions/ charges

for strict compliance.

ii. Director General, National Academy of Direct Taxes, Nagpur

iii. Directors, Regional Training Institutes, Ahmedabad/ Bangalore/ Chandigarh/ Chennai/

Kolkata/ Lucknow/ Mumbai.

iv. Comptroller and Auditor General of India (40 copies)

v. Ministry of Law (10 copies)

vi. All Officers and technical sections in CBDT

vii. All Chambers of Commerce/Industry/Trade Associations.

(Sambit Tripathy)

Under Secretary to Govt. of India