CBDT on 21st April 2022 has issued a notification whereby they have amended the Income Tax Rules 1962 to be named Income Tax Ninth Amendment Rules, 2022 so as to further extend the conditions for filing the Income Tax return by persons referred to in Sec 139(1)(b).

Income Tax Department has specified new conditions whereby the assessee has to file Income Tax Return mandatorily upon satisfaction of any one or more than one condition as specified in the Notification no 37/2022.

The above conditions of mandatorily filing of ITR under the Seventh Proviso to Section 139(1) are to be considered even if the income of the assessee is below the basic exemption limit.

Filing of ITR under the seventh proviso to section 139(1)

S.No.Particulars
In the case of BusinessIf the total sales, turnover or gross receipts exceeds Rs. 60 Lakhs during the previous financial year
In the case of the ProfessionIf the total receipts exceed Rs. 10 Lakhs during the relevant previous year
TDS and TCS – In the case of a personIf the aggregate of tax deducted at source and tax collected at source during the previous financial year is Rs. 25,000/- or more.  

For Instance, Mr. X is a resident individual whose TDS is Rs. 13,000/- and TCS is Rs. 14,000/- during the relevant previous year and his income is below the basic exemption limit for the said year. In this case, Mr. X is mandatorily required to file the return of income for the relevant assessment year.  

Provided that, the amount of Rs. 25,000/- will be substituted to Rs. 50,000 if the person is a resident who is of the age of 60 or more at any time during the previous year.  

For Instance, Mr. Y (62 years) is a resident individual whose TDS is Rs. 23,000/- and TCS is Rs. 34,000/- during the relevant previous year and his income is below the basic exemption limit for the said year. In this case, Mr. X is mandatorily required to file the return of income for the relevant assessment year as the aggregate amount of TDS and TCS exceeds Rs. 50,000/-.    
Deposit in Saving bank accountIf the consolidated amount of deposit in any one or more than one saving bank account of the person is Rs. 50 lakh or more during the previous financial year.

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