RETURN BY SALARIES PERSONS EARNING LESS THAN 5.00 LAC

You are aware that Last year NOTIFICATION NO. 9/2012 [F.
NO.225/283/2011-ITA(II)], DATED 17-2-2012 was issued by Central Board of
Direct Taxes (CBDT) exempting certain class of persons having income below
5.00 lac from the Source "Income from Salaries" alongwith certain other
conditions were exempted to file their return of income u/s 139(1).

It is widely believed that such employees continue to avail the benefit of
exemption, but IT IS NOT TRUE because no
such circular has been issued for AY 2013-2014 by the Board, meaning
thereby that all persons whose income exceeds maximum not chargeable to tax
are now required to file their return on or before 31st July or 30th Sep
(as the case may be).

I may also add here, that according to amended rule 12 a person having
income in excess of Rs. 5.00 Lac from any source is required to file
his/her return of income electronically.

Copy of the notification issued last year is appended below.

SECTION 139 OF THE INCOME-TAX ACT, 1961 - RETURN OF INCOME - EXEMPTION TO
SPECIFIED PERSONS FROM REQUIREMENT OF FURNISHING A RETURN OF INCOME UNDER
SECTION 139(1) FOR ASSESSMENT YEAR 2012-13
NOTIFICATION NO. 9/2012 [F. NO.225/283/2011-ITA(II)], DATED 17-2-2012
S.O........... (E). - In exercise of the powers conferred by sub-section
(IC) of section 139 of the Income-tax Act, 1961 (43 of 1961), the Central
Government hereby exempts the following class of persons, subject to the
conditions specified hereinafter, from the requirement of furnishing a
return of income under sub-section (1) of section 139 for the assessment
year 2012-13, namely:-
1. Class of persons. -An individual whose total income for the relevant
assessment year does not exceed five lakh rupees and consists of only
income chargeable to income-tax under the following head,-
(A) "Salaries";
(B) "Income from other sources", by way of interest from a saving account
in a bank, not exceeding ten thousand rupees.
2. Conditions,- The individual referred to in para 1,-
(i) has reported to his employer his Permanent Account Number (PAN);
(ii) has reported to his employer, the incomes mentioned in sub-para (B) of
para 1 and the employer has deducted the tax thereon;
(iii) has received a certificate of tax deduction in Form 16 from his
employer which mentions the PAN, details of income and the tax deducted at
source and deposited to the credit of the Central Government;
(iv) has discharged his total tax liability for the assessment year through
tax deduction at source and its deposit by the employer to the Central
Government;
(v) has no claim of refund of taxes due to him for the income of the
assessment year, and
(vi) has received salary from only one employer for the assessment year.
3. The exemption from the requirement of furnishing a return of income tax
shall not be available where a notice under section 142(1) or section 148
or section 153A or section 153C of the Income-tax Act has been issued for
filing a return of income for the relevant assessment year.