Organization : Income Tax Department Mumbai
Service Name : Tax Return Preparer Scheme
Location : Mumbai
Website : http://www.incometaxmumbai.gov.in/tax-return-preparer-scheme
Tax Return Preparer Scheme :
Ministry Of Finance (Department of Revenue) (Central Board of Direct Taxes) New Delhi, the 28th November, 2006 Notification (Income-tax)
Related : Income Tax Department Mumbai Complaints Procedure : www.statusin.in/10551.html
S.O. 2039(E). In exercise of the powers conferred by sub-section (1) of section 139B of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby frames the following scheme, namely : –
1. Short title, commencement and application:
** This scheme may be called the Tax Return Preparer Scheme, 2006.
** It shall come into force on the first day of December, 2006.
** Save as otherwise provided in the Scheme, it shall be applicable to all eligible persons.
2. Definitions:
In this Scheme, unless the context otherwise requires :
a. “Act” means the Income-tax Act, 1961 (43 of 1961);
b. “Board” means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);
c. “eligible person” means any person being an individual or a Hindu Undivided Family;
d. “Partner Organisation” means an organisation or agency selected by the Board and with whom an agreement has been entered into by the Board or the Resource Centre authorising it to act as Partner Organisation under this Scheme;
e. “Resource Centre” means the Directorate of Income Tax constituted by the Board to act as the Resource Centre under this Scheme;
f. “Tax Return Preparer” means any individual who has been issued a “Tax Return Preparer Certificate” and a “unique identification number” under clause (viii) of paragraph 4 of this Scheme by the Partner
Organisation to carry on the profession of preparing the returns of income in accordance with the provisions of this Scheme:
Provided that a person being a person:
** (i) referred to in clause (ii) or clause (iii) or clause (iv) of sub-section (2) of section 288; or
** (ii) who is in employment and income from which is chargeable to income-tax under the head “salaries”
** shall not be entitled to act as “Tax Return Preparer”
g. Words and expressions used herein but not defined and defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Educational qualification for Tax Return Preparers:
** Any individual who holds a graduation degree from a recognized Indian University in the fields of Business
** Administration or Management or Commerce or Economics or Law or Mathematics or Statistics shall be eligible to act as Tax Return Preparer.
4. Enrollment, training and certification to persons to act as Tax Return Preparers:
The Partner Organisation shall, for the purpose of enrollment, training and certification to persons to act as Tax Return Preparers follow the following procedure, namely:-
** It shall invite applications from Indian citizens having requisite educational qualification, who are desirous to act as Tax Return Preparers:; rovided that a person who is of the age of more than thirty-five years on the first day of the October immediately preceding the day on which applications are invited shall not be eligible to apply: Provided further that an application shall be invalid unless it is accompanied with a fee of one hundred rupees;
** It shall require the person applying to act as Tax Return Preparer to indicate in the application form the preferences for centres where at training may be imparted to him;
** It shall, in accordance with the criteria laid down by the Resource Centre with prior approval of the Board, carry out the screening of the applications so received and select the persons to appear in a test for their enrollment;
** It shall carry out a test for enrollment of persons who have been selected on screening; (v) It shall enroll the persons (for each centre of training separately) who qualify at the test for enrollment: Provided that no person shall be enrolled unless he makes a deposit of one thousand rupees with the Partner Organisation;
** It shall train the persons so enrolled in accordance with the curriculum provided by the Resource Centre;
** It shall, after completion of training, conduct an examination of the enrolled persons in accordance with the procedure as laid down by the Resource Centre;
** It shall issue a “Tax Return Preparer Certificate” and a “unique identification number” to the persons who are declared as successful in the examination so conducted;
** It shall refund the deposit (without any interest thereon) received from the person declared as successful in the examination so conducted.
5. Preparation of and furnishing the Return of Income by the Tax Return Preparer:
An eligible person may, at his option, furnish his return of income under section 139 of the Act for any assessment year after getting it prepared through a Tax Return Preparer: assessment year after getting it prepared through a Tax Return Preparer: Provided that the return of income for an assessment year shall not be prepared and furnished through a Tax Return Preparer, if:
(i) an eligible person is carrying out business or profession during the previous year relevant to such assessment year and accounts of the business or profession for that previous year are required to be audited under section 44AB of the Act or under any other law for the time being in force; or
(ii) eligible person is not resident in India during the previous year relevant to such assessment year:
** Provided further that an eligible person shall not furnish a revised return of income under sub-section (5) of section 139 of the Act for any assessment year through a Tax Return Preparer unless he has furnished the original return of income for that assessment year through such or any other Tax Return Preparer: Provided also that a return of income which is required to be furnished in response to a notice under clause (i) of sub-section (1) of section 142 or section 148 or section 153A of the Act shall not be prepared and furnished through a Tax Return Preparer.
** The Tax Return Preparer shall prepare and furnish the return of income to the Assessing Officer having the jurisdiction over the concerned assessee or to any other officer or agency as may be directed by the Resource Centre with the approval of the Board and hand over the acknowledgement of having furnished the return to the concerned eligible person.
6. Duties and obligations of eligible person:
An eligible person opting to furnish his return of income under this Scheme shall:
** ensure that his return of Income falls under this Scheme;
** approach and give his consent to any Tax Return Preparer to prepare his return of income for any assessment year;
** before verifying and signing the return, ensure that the facts mentioned in the return are true and correct;
** certify the amount which has been paid by him under this Scheme to the Tax Return Preparer for preparing and furnishing of his return of income;
** take a receipt of the payment made to the Tax Return Preparer and produce the same before the Resource Centre or Partner Organisation or Assessing Officer, if required.