71[Persons deducting tax to furnish prescribed returns.
72206. 73[(1)] The prescribed person74 in the case of every office of
Government, the principal officer in the case of every company, the prescribed
person74 in the case of every
local authority or other public body or association, every private employer and
every other person responsible for deducting tax 75[before the 1st day of April, 2005] under
the foregoing provisions of this Chapter 76[shall,
within the prescribed time after the end of each financial year, prepare and
deliver or cause to be delivered] to the prescribed income-tax authority77 78[or
such other authority or agency as may be prescribed], such returns79 in such form and verified in such
manner and setting forth such particulars as may be prescribed:]
80[Provided
that the Board may, if it considers necessary or expedient so to do, frame a
scheme81 for the purposes of
filing such returns with such other authority or agency referred to in this
sub-section.]
82[(2)
Without prejudice to the provisions of sub-section (1), the person responsible
for deducting tax under the foregoing provisions of this Chapter other than 83[the prescribed person in the case of
every office of the Government and] the principal officer in the case of every
company may, at his option, deliver or cause to be delivered such return to the
prescribed income-tax authority in accordance with such scheme as may be
specified by the Board in this behalf, by notification in the Official Gazette84, and subject to such conditions as may
be specified therein, on or before the prescribed time after the end of each
financial year, on a floppy, diskette, magnetic cartridge tape, CD-ROM or any
other computer readable media (hereinafter referred to as the computer media)
and in the manner as may be specified in that scheme :
85[Provided
that the prescribed person in the case of every office of Government and the
principal officer in the case of every company responsible for deducting tax
under the foregoing provisions of this Chapter shall, deliver or cause to be
delivered, within the prescribed time after the end of each financial year,
such returns on computer media under the said scheme.]
(3) Notwithstanding anything contained in any other
law for the time being in force, a return filed on computer media shall be
deemed to be a return for the purposes of this section and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof of production of the
original, as evidence of any contents of the original or of any fact stated
therein.
(4) Where the Assessing Officer considers that the
return delivered or caused to be delivered under sub-section (2) is defective,
he may intimate the defect to the person responsible for deducting tax or the
principal officer in the case of a company, as the case may be, and give him an
opportunity of rectifying the defect within a period of fifteen days from the
date of such intimation or within such further period which, on an application
made in this behalf, the Assessing Officer may, in his discretion, allow; and
if the defect is not rectified within the said period of fifteen days or, as
the case may be, the further period so allowed, then, notwithstanding anything
contained in any other provision of this Act, such return shall be treated as
an invalid return and the provisions of this Act shall apply as if such person
had failed to deliver the return.]
|
Supported by :
http://www.taxmann.net |
|
|