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CBDT circular 12 July 2010

Circular No. 402/92/2006 - MC (35 of 2010)

Of 2010 press release no. 402/92/2006 mc 35 of 2010 dated 12 7 2010

What this is

Circular No. 402/92/2006 - MC (35 of 2010) was issued by the Central Board of Direct Taxes on 12 July 2010. Its subject is Of 2010 press release no. 402/92/2006 mc 35 of 2010 dated 12 7 2010.

What it does

Announces the amendment of the electronic filing rules by Notification No. 49/2010 dated 9 July 2010, applying from the date of notification in the Official Gazette. Every company must now file its return electronically in Form No. ITR-6 under digital signature, where previously a company could file electronically with or without a digital signature. Individuals and Hindu undivided families required to get their accounts audited under section 44AB must also file electronically in Form No. ITR-4, with or without digital signature, a requirement previously confined to companies and partnership firms. The release records the audit thresholds as turnover or gross receipts from business above Rs. 40 lakh, raised to Rs. 60 lakh from assessment year 2011-12, and from a profession above Rs. 10 lakh, raised to Rs. 15 lakh from that year.

Why it was issued

The release does no more than announce the amendment of the rules; it gives no separate reason.

Who it reaches

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.44ABs.2, s.58, s.63

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

PRESS RELEASE
INCOME-TAX ACT
Mandatory filing of income-tax returns electronically in Form No. ITR-6 with digital signature by all companies
PRESS RELEASE NO. 402/92/2006 - MC (35 OF 2010), DATED 12-7-2010
The Central Board of Direct Taxes (CBDT) has amended the Rules relating to electronic filing of Income-tax returns vide Notification No. 49/2010, dated 9th July, 2010. The amended Rules will apply with effect from the date of notification in the Official Gazette.
As per the amended Rules, it is now mandatory for all companies to file Income-tax return electronically in Form No. ITR-6 with digital signature, Earlier, companies could file their electronic returns with or without digital signature.
Further, now all individuals and Hindu Undivided Families (HUFs), who are required to get their accounts audited under section 44AB of the Income-tax Act, 1961, are also required to file their Income-tax return in Form No. ITR-4 electronically with or without digital signature. Earlier, this condition was applicable only to companies and partnership firms.
Accounts are required to be audited under the Income-tax law, if turnover or gross receipts from business exceeds Rs. 40 lakh (Rs. 60 lakh from assessment year 2011-12 onwards), or if turnover or gross receipts from profession exceeds Rs. 10 lakh (Rs. 15 lakh from assessment year 2011-12 onwards).
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What to watch

Where you meet it

In tracing whether a company's return for that period was validly filed, where a paper or unsigned electronic return is said to be defective.

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Circular No. 4/FT&TR-II/2010  ·  Circular No. 3/FT&TR-II/2010 [F.No. 2/JS(FT&TR-II)/2010] →

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.