Section 139 of the Income-tax Act, 1961 - Return of Income - Exemption from Requirement of Furnishing Return of Income for A.y. 2011-12 Where Income Does NOT Exceed RS. 5 Lakhs - Assessee HAS Option to Avail Said Exemption
ORDER [F.NO. 142/09/2011-SO(TPL)] was issued by the Central Board of Direct Taxes on 25 July 2011. Its subject is Section 139 of the Income-tax Act, 1961 - Return of Income - Exemption from Requirement of Furnishing Return of Income for A.y. 2011-12 Where Income Does NOT Exceed RS. 5 Lakhs - Assessee HAS Option to Avail Said Exemption.
This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.
Tells field offices to accept a return of income from a taxpayer who wants to file it, even though he is within the class exempted from filing under section 139(1) for assessment year 2011-12 by Notification SO No. 1439(E) dated 23 June 2011. The exemption is an option, not a bar, and staff were refusing to receive returns from individuals with income below five lakh rupees on the footing that they need not file.
It came to the Board's notice that in some income-tax offices returns were not being received by the staff on the ground that an individual with income below five lakh rupees is not required to furnish a return.
SECTION 139 OF THE INCOME-TAX ACT, 1961 - RETURN OF INCOME - EXEMPTION FROM REQUIREMENT OF FURNISHING RETURN OF INCOME FOR A.Y. 2011-12 WHERE INCOME DOES NOT EXCEED RS. 5 LAKHS - ASSESSEE HAS OPTION TO AVAIL SAID EXEMPTION
ORDER [F.NO. 142/09/2011-SO(TPL)], DATED 25-7-2011
The Central Board of Direct Taxes had exempted a certain class of persons from the requirement of furnishing a Return of income under sub-section (1) of section 139 of the Income-tax Act, 1961 for the assessment year 2011-12, vide Notification SO No. 1439 (E), dated 23-6-2011, subject to the conditions specified in the Notification.
2. It has come to the notice of the Board that in some Income-tax offices. Returns of Income are not being received by the staff on the ground that an individual with less than Rs. 5 lakhs of income is not required to furnish his return of income.
3. Necessary instructions may be issued to the officers and staff concerned to accept Returns of Income from those taxpayers who wish to file their Return of income even if they satisfy the conditions of the above-mentioned notification.nn
You meet it where a return for assessment year 2011-12 was refused at the counter on the ground that the assessee was exempt from filing.
Source: the Income Tax Department’s own published text — its page for this instrument.
