Submission of ITR V and Issues related thereto
Jun 4, 2009 Income Tax
It has been proposed under the IT Circular 3/2009 that if the return is electronically furnished under a digital signature, the tax-payer is not required to furnish the Form ITR-V with the Income-tax Department as a follow up to the electronic transmitting of data in the return. Similarly, any return which is digitally signed by the assessee and filed with an E-Return Intermediary (ERI), who, in turn, submits the return to the Income Tax Department under his digital signature, will also be deemed to have been filed under a digital signature of the assessee and no Form ITR-V is required to be submitted. In such cases, the date of electronic transmission of the data in the return shall be the date of furnishing the return.
It has been further provided that if the assessee does not use a digital signature for electronically transmitting the data, he is required to follow-up the electronic transmission of the data by submitting the Form ITR-V with the Income-tax Department as verification of the electronic filing of the return. In such a case, the date of transmitting the data electronically will be the date of furnishing the return if the Form ITR-V is furnished within thirty days after the date of transmitting the data electronically. In case, Form ITR-V, is furnished after the above mentioned period, it will be deemed that the return in respect of which the Form ITR-V has been filed was never furnished and it shall be incumbent on the assessee to electronically re-transmit the data and follow it up by submitting the new Form ITR-V within thirty days.
The Circular also states that since the Form ITR-V is bar-coded, assessee is advised not to fold the same and post it in A4 size envelope. The assessee shall furnish the Form ITR-V to the Income-tax Department by mailing it to “Income Tax Department – CPC, Post Box No – 1, Electronic City Post Office, Bangalore – 560100, Karnataka” within thirty days after the date of transmitting the data electronically. The Post Box shall deliver all the Form ITR-V to the Centralized Processing Centre (CPC) of the Income-tax Department in Bangalore. Upon receipt of the Form ITR-V, the CPC shall send an e-mail acknowledging the receipt of Form ITR-V. The e-mail shall be sent in due course to the e-mail address furnished by the tax-payers in his return. No Form ITR-V shall be received in any other office of the Income-tax Department or in any other manner.
In the above regard, the following key issues arise for earnest consideration by the CBDT:
(i) Earlier, Form ITR-V was required to be filed by an assessee with the office of his Assessing Officer, which was duly acknowledged by affixing the Department’s stamp and seal on the same. The authenticity of this stamp and seal had evidentiary value, more particularly when copies of the same were required to be furnished before various authorities like Government Departments, Banks, Consular Offices etc. Under the proposed new guidelines, since ITR-V is to be sent by mail to Bangalore Electronic City Post Office, the concerned assessee would not receive any official acknowledgment for the acceptance of the same, except the e-mail communication as indicated to be sent in due course. It, therefore, needs to be provided that the ITR-V accompanied by the E-mail acceptance shall be treated as an authentic acknowledgement of the I.T. Return by all concerned agencies.
(ii) Under the earlier arrangement of filing ITR-V with his Assessing Officer, an assessee was confident of the same having been duly received and acknowledged. In the new scheme as proposed, he would have to now rely on the postal department to ensure that it reaches CPC, Bangalore both safely and within the stipulated time of 30 days. Under these circumstances, the proposed provision to treat the return filed electronically as deemed to never have been furnished, even for no fault on part of the assessee would result in grave adverse consequences such as levy of penal interest under Sections 234A and 234B, deprivation of the claim for carry forward of losses and deductions under Chapter VIA, etc.
(iii) Keeping in view the above, it needs to be specifically provided that an assessee shall not be held responsible for any default on account of a postal mishap and the deeming provisions that the return filed electronically was never furnished shall not operate prejudicially against the assessee. It also needs to be provided that in case an assessee does not receive an E-mail acknowledgement from the CPC within 30 days of his mailing the same, he shall have the option of remailing it again during the next 30 days and that he shall not be deemed to be in default in such a situation.
Tags: acknowledgement, acknowledgment, Assessment, Bank, CBDT, circulars, Deduction, Digital Signature, digitally, E-RETURN, electronic city, electronic filing, electronic transmission, FORM, Income tax department, ITR, ITR-V, itrs, karnataka, Return, signature, tax
July 8th, 2009 at 4:49 pm
Kindly let me know whether any no. of itr v can be sent in a common envolope
July 8th, 2009 at 4:52 pm
If I post an enlope containing itr v approximately how many days it will take for you to send e-mail acknowledging receipt of itr v
July 9th, 2009 at 1:18 am
Dear Sir,
This is not official website of Income Tax department. Once your ITR-V delivered, normally within 7days you will receive EMAIL.
July 9th, 2009 at 1:23 am
Yes you can. Read our article on mode of sending ITR http://www.taxguru.in/income-tax/what-mode-to-use-to-send-itr-to-bangalore-speed-post-registered-post-courier-ordinary-post.html
July 13th, 2009 at 8:00 am
Atleast they should have accepted registered post. Why is IT Dept. shying away from acknowledging the receipt of ITR-V by post. This clearly shows that they want to have a ready made alibi that they did no receive the hardcopy of ITR-V in case of any bungling happens at their end. Electronic submission seems risky.
August 5th, 2009 at 10:54 am
I have one question & same is happen with me. I had file e-filling and submit the hard copy to Bangalore. that same is being received there but no confirmation email from them nor in showing any status of receiving in MY Account. in such case what should assesses do? Bangalore office is not taking responsibility of sending email of confirmation. pls help
August 6th, 2009 at 10:36 am
I had done e-filling of Return and post hard copy of ITR V by ordinary post to Bangalore as per Income Tax Dept circular but after 10 days no confirmation of e mail received nor in showing any status of receiving in MY ACCOUNT.
1 )Normally how many days it takes place to send email for acknowledgeing receipt of ITR V.
2 ) Why only by Ordinary post
3 ) Why we suffer if Post office
not deliver the same within time or they fold our envelope.
August 7th, 2009 at 2:43 am
1. Normally how many days department will take is not specified but you may expect within 15 days from posting as normally in India it takes 10 days to deliver.
2. As address contain POST Box No. so we can send only by Normal Post.
3. Even I don’t have answer for this. Only FM can reply this.
August 7th, 2009 at 5:07 am
Shall I send three ITR V in one envelope.
August 8th, 2009 at 1:37 am
In my opinion there is no problem in sending more then one ITR in one envelope.
August 18th, 2009 at 2:03 am
In the verification paragraph of ITR-V, what has to be filled up in the last line: “I further declare that I am making this return in my capacity as……..and I am also competenet to make this return and verify it.”
Do yo have to write your name after”as” and before “and”? Or do you write “individual”? Please clarify. Is this point not clarified by the IT department somewhere in their rules/websites?
August 18th, 2009 at 1:22 pm
The capacity in which you sign you should write
In case of Individual it can you yourself or Authorised signatory
In case of HUF it can be Karta or Authorised signatory
In case of Partnership it can be Partner or or Authorised signatory
In case of Company it can be director or or Authorised signatory
August 19th, 2009 at 2:03 am
Dear Sandeep Kanoi, thanks for the tips about filling up the verification paragraph last line. What you have suggested is common sense but I wanted to be sure since a wrong filling up should not result in rejection of Form-V submission by post. I have decided to fill up the declaration as “I further declare that I am making this return in my capacity as (my name)and I am also competenet to make this return and verify it.”
Hope this is ok. Will be grateful for a confirmation in the IT official website and where to find it.
August 19th, 2009 at 11:47 pm
write your email address in your ITR and income tax department will send you a confirmation of the same on email. Income tax department have not yet specified any website where you can check the return status.
August 21st, 2009 at 1:29 am
Provision for indicating email id exists while filling up the online return and must be availed of since the proof of submission/receipt by the IT dept will be a scanned copy mailed to your email ID as attachment and no separate hard copy to your address.
November 3rd, 2009 at 6:58 am
What if we have not received the confirmation of receipt of the acknowledgement from the IT Department till now (date3/11/2009). Should we send another copy of the acknowledgement or should we wait till 60 days are over. Please help.
November 4th, 2009 at 12:18 am
If more then 20 days already passed its better to resend the copy of the acknowledgment instead of waiting for the same. Within 60 days your acknowledgment should reach there, if it doesn’t then it will be assumed that you haven’t filed your return and you have to file it again. Have you checked you acknowledgment status online by logging into your account in the Menu My Account and Sub menu E-filing Process Status? Do check in the same too.