17. RELAXATION FROM COMPULSORY FILING OF E-RETURN OF INCOME FOR AY 2008-09 FOR REPRESENTATIVE ASSESSEE OF NON-RESIDENTS - PRESS RELEASE, DATED 23-9-2008

The Central Board of Direct Taxes, vide notification S.O. No. 752(E) dated 28.03.2008, inter-alia, notified a new return forms for all the assessee for assessment year 2008-09. It was provided in the rule 12 of Income-tax rule 1962 that, a firm required to furnish the return in Form ITR-5 and to whom provisions of section 44AB are applicable or a company required to furnish the return in Form ITR-6, shall compulsorily furnish the return of income electronically for assessment year 2008-09.

It has been brought to the notice of the Board that the agents of non-residents, within the meaning of section 160(1)(i) of the Income-tax Act, are facing difficulties in electronically furnishing the returns of non-residents. This is because of the reason that there may be more than one agent for a non-resident in India for different transactions or a person in India may be an agent of more than one non-resident. Such situations are not covered by the existing software which functions on the principle of one assessee – one PAN – one return. Accordingly, it has been decided by the Board that it will not be mandatory for agents of non-residents, within the meaning of section 160(1)(i) of the Income-tax Act, to electronically furnish the returns of non-residents for assessment year 2008-09. A circular has been issued by the Board (Circular no. 8/2008 dated 22.09.2008) to clarify the above position.

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