Income-tax Act,1961
Act No : 43
Section :
Return of income2
1 139. Return of income 2 3[(1) Every person, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed. Explanation.-In this sub-section, "due date" means- (a) where the assessee is a company, the 4 [30th day of November] of the assessment year; (b) where the assessee is a person, other than a company,- (i) in a case where the accounts of the assessee are required under ------------------------------------------------------------------- 3 Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, sub-section (1), as amended by the Finance Act, 1963, w.r.e.f. 1-4-1962; Taxation Laws (Amendment) Act, 1967, w.e.f. 1-10-1967; Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971 and the Finance Act, 1972, w.e.f. 1-4-1972, read as under: "(1) Every person, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall furnish a return of his income or the income of such other person during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed- (a) in the case of every person whose total income, or the total income of any other person in respect of which he is assessable under this Act, includes any income from business or profession, before the expiry of four months from the end of the previous year or where there is more than one previous year, from the end of the previous year which expired last before the commencement of the assessment year, or before the 30th day of June of the assessment year, whichever is later; (b) in the case of every other person, before the 30th day of June of the assessment year: Provided that, on an application made in the prescribed manner, the Income-tax Officer may, in his discretion, extend the date for furnishing the return, and notwithstanding that the date is so extended, interest shall be chargeable in accordance with the provisions of sub-section (8)." 4 Substituted for "31st day of December" by the Finance Act, 1994, w.e.f. 1-4-1994. ----------------------------------------------------------------------- 1.517 this Act or any other law to be audited 1[* * *] 2[or where the report of an accountant is required to be furnished under section 80HHC or section 80HHD], or in the case of a co- operative society, the 31st day of October of the assessment year; (ii) in a case where the total income referred to in this sub-section includes any income from business or profession, not being a case falling under sub-clause (i), the 31st day of August of the assessment year; (iii) in any other case, the 30th day of June of the assessment year.] 3[Omitted by the Finance Act, 1992, w.e.f. 1-4-1993.] 4[Omitted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-4-1985.] ----------------------------------------------------------------------- 1 The words "or in the case of a partner of a firm where the accounts of the firm are required to be so audited" omitted by the Finance Act, 1992, w.e.f. 1-4-1993. Earlier, these words were inserted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989. 2 Inserted by the Finance Act, 1990, w.e.f. 1-4-1991. 3 Prior to the omission, sub-section (1A), as inserted by the Finance Act, 1974, w.e.f. 1-4-1975 and subsequently amended, as annotated below, read as under: "(1A) Notwithstanding anything contained in sub-section (1), no person need furnish under that sub-section a return of his income or the income of any other person in respect of whose total income he is assessable under this Act, if his income or, as the case may be, the income of such other per-son during the previous year consisted only of income chargeable under the head "Salaries" or of income chargeable under that head and also income of the nature referred to in any one or more of clauses (i) to (ix) of subsection (1) of section 80L and the following conditions are fulfilled, namely:- (a) where he or such other person was employed during the previous year by a company, he or such other person was at no time during the previous year a director of the company or a beneficial owner of shares in the company (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) carrying not less than twenty per cent of the voting power; *[(b) his income or the income of such other person under the head "Salaries", exclusive of the value of all benefits or amenities not provided for by way of monetary payment, does not exceed [twenty-four] thousand rupees]; (c) the amount of income of the nature referred to in clauses (i) to (ix) of subsection (1) of section 80L, if any, does not, in the aggregate, exceed [the maximum amount allowable as deduction in his case under that section]; and (d) the tax deductible at source under section 192 from the income chargeable under the head "Salaries" has been deducted from that income." * Substituted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1- 4-1985. Prior to the substitution, clause (b) read as under: "(b) his salary or the salary of such other person, exclusive of the value of all benefits or amenities not provided for by way of monetary payment, does not exceed eighteen thousand rupees;"
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