An individual and HUF who are covered under section 44AB (audit case) were filling their return of income in physical form up to the assessment year 2009-10. However, recently the Central Board of Direct Taxes has amended this provision by amending rule 12. This amendment has been made by Notification No. 49/2010, dated July 9, 2010. After this modification, according to my understanding those individuals/HUFs who are covered by the audit provisions of section 44AB will have to submit their returns electronically. My query is whether this amendment is applicable from July 9, 2010 or from the beginning of the assessment year (i.e., April 1, 2010). I want to know the status of an individual (covered by section 44AB) who has already submitted his return of income in paper mode for the assessment year 2010-11 before July 9, 2010. Will he be required to again submit his return of income electronically after the issue of aforesaid notification? Kindly clarify.
After the amendment of rule 12, individuals/HUFs (covered by section 44AB) will have to submit return for the assessment year 2010-11 (or any subsequent year) electronically with or without digital signature. This rule is applicable with effect from July 9, 2010. If an individual/HUF (covered by section 44AB) has already submitted his return of income before July 9, 2010 in paper mode, he or it will not be required to again submit the same return electronically.
By:Dr. Vinod K. Singhania