NEW Return Forms for the Assessment Year 2008-09 - and Matters Connected thereto
Circular No. 6/2008 was issued by the Central Board of Direct Taxes on 18 July 2008. Its subject is NEW Return Forms for the Assessment Year 2008-09 - and Matters Connected thereto.
Enforces the annexure-less return for assessment year 2008-09 and protects the taxpayer who files without certificates. The return forms notified by S.O. No. 752(E) dated 28 March 2008 are annexure-less except ITR-7, and their instructions say no document, including TDS or TCS certificates and audit reports, is to be attached, the receiving official being required to detach and return anything enclosed. Chief Commissioners are told to ensure strict compliance. When such returns are processed under section 143(1), credit for tax deducted or collected at source is to be allowed on the details in the relevant schedules of the return, subject to Instruction No. 6/2008 dated 18 June 2008 for assessment year 2007-08 or any similar instruction for assessment year 2008-09, and no claim for TDS or TCS is to be disallowed merely because the certificates were not filed with the return or with Form ITR-V; the same applies to challans for advance tax and self-assessment tax. Assessees are advised to keep the computation annexures, certificates, challan counterfoils and audit reports and to produce the originals when the Assessing Officer calls for them. Form ITR-V is to be received against a Return Receipt Number as if it were a return, with separate counters set up and the forms kept in safe custody.
It came to the Board's notice that returns were still being accepted with annexures despite the instructions, contrary to the Government's stated policy and the legal provisions, and that Form ITR-V was being received without a receipt number.
| Under the 1961 Act | Now |
|---|---|
| s.143 | s.270 |
NEW RETURN FORMS FOR THE ASSESSMENT YEAR 2008-09 - AND MATTERS CONNECTED THERETO
CIRCULAR NO. 6/2008, DATED 18-7-2008The 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.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 18th 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.
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.
In a section 143(1) intimation for assessment year 2008-09 that denies TDS credit, or where a counter refuses a return or an ITR-V without enclosures or a receipt number.
It mentions. Circular No. 6/2008
Source: the Income Tax Department’s own published text — its page for this instrument.