71-88. Substituted by the IT
(Fourth Amdt.) Rules, 2007, w.e.f. 14-5-2007. Prior to its substitution,
rule 12, as amended by the IT (Seventh Amdt.) Rules, 2006, w.e.f. 24-7-2006, IT
(Eleventh Amdt.) Rules, 2006, w.e.f. 19-10-2006, IT (Fifth Amdt.) Rules, 2006,
w.e.f. 1-6-2006, IT (Fifth Amdt.) Rules, 2004, w.e.f. 1-4-2004, IT (Sixth
Amdt.) Rules, 2003, w.e.f. 14-5-2003, IT (First Amdt.) Rules, 2003, w.e.f.
28-1-2003 [as corrected by Notification No. SO 258(E), dated 5-3-2003], IT
(Thirteenth Amdt.) Rules, 2002, w.e.f. 24-6-2002, IT (Tenth Amdt.) Rules, 2001,
w.e.f. 2-7-2001, IT (Thirteenth Amdt.) Rules, 1998, w.e.f. 9-9-1998, IT (Fourth
Amdt.) Rules, 1998, w.e.f. 1-4-1998, IT (Eighth Amdt.) Rules, 1997, w.e.f.
27-6-1997 [as corrected by Notification No. SO 870(E), dated 15-12-1997], IT
(Sixteenth Amdt.) Rules, 1995, w.e.f. 23-8-1995, IT (Fourth Amdt.) Rules, 1995,
w.e.f. 1-6-1995, IT (Third Amdt.) Rules, 1994, w.e.f. 1-6-1994, IT (Eighth
Amdt.) Rules 1991, w.r.e.f. 1-4-1989, Direct Tax Laws (Amdt.) Act, 1987, w.e.f.
1-4-1989, IT (Amdt.) Rules, 1981, w.e.f. 1-4-1981, IT (Second Amdt.) Rules,
1979, w.e.f. 1-4-1979, IT (Fifth Amdt.) Rules, 1976, w.e.f. 21-6-1976, IT
(Amdt.) Rules, 1976, w.e.f. 1-4-1976, IT (Second Amdt.) Rules, 1972, IT (Amdt.)
Rules, 1971, IT (Amdt.) Rules, 1968, IT (Second Amdt.) Rules, 1967, IT (Third
Amdt.) Rules, 1964, IT (Amdt.) Rules, 1962, read as under :
‘12. Return of
income and return of fringe benefits.—(1) The return of income
required to be furnished under sub-section (1), or proviso to sub-section (1),
or sub-section (2), or sub-section (3), or sub-section (4A), or sub-section
(4B) or sub-section (4C) of section 139 or sub-section (4D) of section 139 or
clause (i) of sub-section (1) of section 142 or the return of fringe
benefits required to be furnished under sub-section (1) or sub-section (2) of
section 115WD or under sub-section (3) of section 115WH shall,—
(a) in the case of a
company not being a company to which clause (c) applies, be in Form No.
1 and be verified in the manner indicated therein;
(b) in the case of a
person not being a company to which clause (a) applies, and not being a
person to whom clause (c) applies—
(i) where the total
income includes any income chargeable to income-tax under the head “Profits and
gains of business or profession”, be in Form No. 2 and be verified in the
manner indicated therein;
(ii) [***]
(iii) where the total
income does not include any income chargeable to income-tax under the head
“Profits and gains of business or profession” be in Form No. 3 and be verified
in the manner indicated therein :
Provided that the assessee to whom clause (b)
applies shall also have the option of filing the return in Form No. 2D : Saral:
Provided further that in the case of an individual or a Hindu undivided family,
resident in India, where the total income does not include income chargeable to
income-tax under the head “Profits and gains of business or profession” or
“Capital gains” or agricultural income, the assessee shall also have the option
of filing the return in Form No. 2E : Naya Saral on or before 31st day of July,
2006:
Provided also that in the case of an individual,
resident in India, where—
(a) his total income
includes income chargeable to income-tax under the head “Salaries”;
(b) the income from
salaries before allowing deductions under section 16 of the Income-tax Act,
1961 does not exceed rupees one lakh fifty thousand;
(c) his total income
does not include income chargeable to income-tax under the head “Profits and
gains of business or profession” or “Capital gains” or agricultural income; and
(d) he is not in
receipt of any other income from which tax has been deducted at source by any
person other than the employer;
the assessee shall also have the option of filing return in
Form No. 16AA :
Provided also that in the case of an
assessee being an individual or a Hindu undivided family, resident in India,
where—
(a) the total income
does not include income chargeable to income-tax under the head “Profits and
gains of business or profession” or “Capital gains” or agricultural income;
(b) no relief under
section 89 in respect of arrears or advance of salary is claimed; and
(c) he does not own
more than one house property,
the assessee shall also have the option of filing the return
in Form No. 2F and the return in this Form shall not be accompanied by a
statement showing the computation of the tax payable on the basis of the
return, or proof of the tax, if any, claimed to have been deducted at source or
the advance tax or tax on self-assessment, if any, claimed to have been paid;
(c) in the case of a
person [including a company whether or not registered under section 25 of the
Companies Act, 1956 (1 of 1956), in receipt of income derived from property
held under trust or other legal obligation wholly for charitable or religious
purposes, or in part only for such purposes, who claims exemption under section
11, be in Form No. 3A and be verified in the manner indicated therein;
(d) in the case of a
person required to file a return under proviso to sub-section (1) of section
139, be in Form No. 2C and be verified in the manner prescribed therein;
(e) in the case of a
person required to file a return under sub-section (4C) of section 139 or
sub-section (4D) of section 139, be in Form No. 3A and be verified in the
manner indicated therein;
(f) in
the case of a person who—
(i) is
required to furnish the return of income and also the return of fringe benefits
but has filed the return of income in Form No. 1 or Form No. 2 or Form No. 2D
or Form No. 3A for the assessment year 2006-07 before the publication of these
rules or opts to furnish the return of income in Form No. 2D; or
(ii) is not required
to furnish the return of income but is required to furnish the return of fringe
benefits,
the return of fringe benefits shall be in
Form No. 3B and be verified in the manner indicated therein.
(1A) The return setting forth the total
income including the undisclosed income for the block period required to be
furnished under clause (a) of section 158BC shall be in Form No. 2B and
be verified in the manner indicated therein.
(2) Notwithstanding anything contained in sub-rule (1),—
(a) where a return of
income relates to the assessment year commencing on the 1st day of April, 1961,
or any earlier assessment year, it shall be furnished in the appropriate form
prescribed in rule 19 of the Indian Income-tax Rules, 1922, and shall be
verified in the manner indicated therein;
(b) where a return of
income relates to the assessment year commencing on the 1st day of April, 1962,
or the 1st day of April, 1963, or the 1st day of April, 1964, it shall be
furnished in the appropriate form in force immediately before the 1st day of
April, 1967, and shall be verified in the manner indicated therein.
(3) The return of income or the return of fringe benefits to be
furnished in Form No. 1 or Form No. 2 or Form No. 3 or Form No. 3B shall not be
accompanied by a statement showing the computation of the tax payable on the
basis of the return, or proof of the tax, if any, claimed to have been deducted
at source or the advance tax or tax on self-assessment, if any, claimed to have
been paid or any document or copy of any account or Form or report of audit
required to be attached with the return of income or the return of fringe
benefits under any of the provisions of the Income-tax Act, 1961.’