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Electronic furnishing of returns of non-residents by agents -Furnishing of returns not mandatory for the AY 2006-07
December, 02nd 2006

The CBDT, in response to certain difficulties faced by agents of non-residents in electronically furnishing the returns of non-residents, notified that it would not be mandatory for such agents to electronically furnish the returns of non-residents in Form No. 1 for the AY 2006-07.

New return Form No. 1 for companies for assessment year 2006-07 furnishing of return by representative assessees of non-residents

The Central Board of Direct Taxes, vide Notification S.O. No. 1163(E), dated 24-7-2006, inter alia, notified a new return from (Form No. 1) for companies for assessment year 2006-07. It was provided in the Form, and later explained in the Circular No. 9/2006 dated 10-10-2006 that it is mandatory for all corporate taxpayers to electronically furnish the return for assessment year 2006-07 after 24-7-2006.

2. It has been brought to the notice of the Board that the agents of non-residents, within the meaning of section 160(1)(a) 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)(a) of the Income-tax Act, to electronically furnish the returns of non-residents in Form No. 1 for assessment year 2006-07.

F. No. 133/38/2006-TPL

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