Notification: 34 Date of Issue: 1/5/2013

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GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE [CENTRAL BOARD OF DIRECT TAXES] NOTIFICATION New Delhi, the 1st day of May, 2013 Income-tax S.O. 1111 (E) . In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. (1) These rules may be called the Income-tax (3rd Amendment) Rules, 2013.

(2) They shall be deemed to have come into force with effect from the 1st day of April, 2013.

2. In the Income-tax Rules, 1962 (hereinafter referred to as the said rules), in rule 12,

(a) in sub-rule (1),- (A) for the figures “201 2 ”, the figures “201 3 ” shall be substituted; (B) in item (a),

(i) in sub-item (iii), after the words “income from race horses”, the words “and does not have any loss under the head” shall be inserted;

(ii) for the proviso, the following proviso shall be substituted, namely:- “ Provided that the provisions of this clause shall not apply to a person who,- (I) is a resident, other than not ordinarily resident in India within the meaning of sub-section

(6) of section 6 and has,

(i) assets (including financial interest in any entity) located outside India; or

(ii) signing authority in any account located outside India; (II) has claimed any relief of tax under sections 90 or 90A or deduction of tax under section 91; or (III) has income not chargeable to tax, exceeding five thousand rupees. ” ; (C) in clause (ca), for the proviso, the following proviso shall be substituted, namely:- “ Provided that the provisions of this clause shall not apply to a person who,- (I) is a resident, other than not ordinarily resident in India within the meaning of sub-section

(6) of section 6 and has,

(i) assets (including financial interest in any entity) located outside India; or

(ii) signing authority in any account located outside India; (II) has claimed any relief of tax under sections 90 or 90A or deduction of tax under section 91; or (III) has income not chargeable to tax, exceeding five thousand rupees. ” ;

(b) in sub-rule(2), the following proviso shall be inserted, namely:- “ Provided that where an assessee is required to furnish a report of audit under sections 44AB, 92E or 115JB of the Act, he shall furnish the same electronically. ” ;

(c) in sub-rule (3), in the proviso,- (A) in clause (a),

(i) for the words “ an individual or a hindu undivided family ”, the words “ a person, other than a company and a person required to furnish the return in Form ITR- 7” shall be substituted;

(ii) for the words “ ten lakh rupees” the word s “ five lakh rupees” shall be substituted;

(iii) for the figures “2012 - 13”, the figures “2013 - 14” shall be substituted; (B) after clause (aaa), the following clause shall be inserted, namely:- “ (aab) a person claiming any relief of tax under section 90 or 90A or deduction of tax under section 91 of the Act, shall furnish the return for assessment year 2013-14 and subsequent assessment years in the manner specified in clause

(ii) or clause (iii); ” (C) in clause (b), after the words, brackets and figure “in clause (i)”, the words, brackets and figures “or clause

(ii) or clause (iii)” shall be inserted.

(d) in sub-rule 4, after the words, brackets and figures “of sub - rule(3)”, the words and figures “and the report of audit in the manner specified in proviso to sub - rule

(2) ” shall be inserted.

(e) in sub- rule (5), for the figures “20 11 ”, the figures “201 2 ” shall be substituted.

3. In the said rules, in Appendix-II, for “ Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR- 4S), ITR-4 and ITR-V ” , the “ Forms SAHAJ (ITR-1), ITR-2, ITR-3, SUGAM (ITR-4S), ITR-4 and ITR-V ” shall be substituted.

[Notification No. 34 /2013/ F.No.142/5/2013-TPL] (Gaurav Kanaujia) Deputy Secretary to the Government of India Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section

(ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended by Income-tax (2nd Amendment) Rules, 2013 vide notification S.O. No.410 (E) dated 19th February, 2013.