97[Scheme
for submission of returns through Tax Return Preparers.
139B. (1) For
the purpose of enabling any specified class or classes of persons in preparing
and furnishing returns of income, the Board may, without prejudice to the
provisions of section 139, frame a Scheme, by
notification in the Official Gazette, providing that such persons may furnish
their returns of income through a Tax Return Preparer authorised to act as such
under the Scheme98.
(2) Every Tax Return Preparer shall assist the
persons furnishing the return of income in such manner as may be specified in
the Scheme framed under this section and affix his signature on such return.
(3) For the purposes of this section,—
(a) “Tax Return Preparer” means any individual,
[not being a person referred to in clause (ii) or
clause (iii) or clause (iv) of
sub-section (2) of section 288 or an employee of
the “specified class or classes of persons”], who has been authorised to act as
a Tax Return Preparer under the Scheme framed under this section;
(b) “specified class or classes of persons” means
any person, other than a company or a person, whose accounts are required to be
audited under section 44AB or under any other law
for the time being in force, who is required to furnish a return of income
under this Act.
(4) The Scheme framed by the Board under this section
may provide for the following, namely:—
(a) the manner in which and the period for which
the Tax Return Preparers shall be authorised under sub-section (3);
(b) the educational and other qualifications to
be possessed, and the training and other conditions required to be fulfilled,
by a person to act as a Tax Return Preparer;
(c) the code of conduct for the Tax Return
Preparers;
(d) the duties and obligations of the Tax Return
Preparers;
(e) the circumstances under which the authorisation
given to a Tax Return Preparer may be withdrawn;
(f) any other matter which is required to be, or
may be, specified by the Scheme for the purposes of this section.
(5) The Scheme framed by the Board under this section
shall be laid, as soon as may be after it is framed, before each House of
Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in
the Scheme or both Houses agree that the Scheme should not be framed, the
Scheme shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that Scheme.]