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 “2012”, the figures “2013” 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 words “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 “2011”, the figures “2012” 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.
