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Case lawNotifications2009 › Notification No. 70
Notification 22 September 2009

Notification No. 70

Amendment in Electronic Furnishing of Return of Income Scheme, 2007

What this is

Notification No. 70 was published on 22 September 2009. Its subject is Amendment in Electronic Furnishing of Return of Income Scheme, 2007.

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.2s.2, s.346, s.355
s.3s.3
s.17s.16, s.17, s.18
s.139s.2, s.263, s.349

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.

AMENDMENT IN ELECTRONIC FURNISHING OF RETURN OF INCOME SCHEME, 2007
NOTIFICATION NO. 70/2009, DATED 22-9-2009

In exercise of the powers conferred by sub-section (1B) of section 139 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), vide S.O. 1281(E) dated the 27th July, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(ii), with effect from 27th July, 2007 (i.e. the date on which the Scheme came into force).
2. In the said notification for para 5, the following para shall be substituted, namely :-
"5. Qualifications of an e-Return Intermediary.– (1) An e-Return Intermediary shall have the following qualifications, namely:-
(a) it must be a public sector company as defined in clause (36A) of section 2 of the Act or any other company in which public are substantially interested within the meaning of clause (18) of section 2 of the Act and any subsidiary of those companies; or
(b) A company incorporated in India, including a bank, having a net worth of rupees one crore or more; or
(c) a firm of Chartered Accountants or Company Secretaries or Advocates, if it has been allotted a permanent account number; or
(d) a Chartered Accountants or Company Secretaries or Advocates or Tax Return Preparers, if he has been allotted a permanent account number; or
(e) a Drawing or Disbursing Officer (DDO) of a Government Department.
(2) The e-intermediary shall have at least class II digital signature certificate from any of the Certifying authorities authorized to issue such certificates by the Controller of Certifying authorities appointed under Section 17 of the Information Technology Act, 2002 (21 of 2000).
(3) The e-intermediary shall have in place security procedure to the satisfaction of e-Return Administrator to ensure that confidentiality of the assessees’ information is properly secured.
(4) The e-intermediary shall have necessary archival, retrieval and, security policy for the e-Returns which will be filed through him, as decided by e-Return Administrator from time to time.
(5) The e-intermediary or its Principal Officer must not have been convicted for any professional misconduct, fraud, embezzlement or any criminal offence."
[F.No.133/55/2008-TPL]

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.

← Notification No. 71  ·  Notification No. 69 →

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

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