Amendment in the provisions for filing of return of income

(1)  An individual or HUF must file the return of income electronically for the previous year 2011-12 and subsequent previous year if his/its total income exceeds Rs. 10 lakhs.

(2)  A resident Individual or a resident HUF must file the return of income electronically for the previous year 2011-12 and subsequent previous year, if he/it has:

(a)  assets (including financial interest in any entity) located outside India; or

(b)  signing authority in any account located outside India.

(3)  The prescribed ITR Form SAHAJ – ITR 1 cannot be used by a resident Individual to file his return of income, if he has:

(a)  assets (including financial interest in any entity) located outside India; or

(b)  signing authority in any account located outside India.

(4)  The Form SUGAM – ITR 4S, prescribed in the case of an individual or a HUF deriving business income and such income is computed in accordance with special provisions referred to in section 44AD and section 44AE of the Act, cannot be used by a resident Individual or a resident HUF to file the return of income, if he/it has:

(a)  assets (including financial interest in any entity) located outside India; or

(b)  signing authority in any account located outside India.

Electronic filing requirement: foreign asset ownership or overseas account authority mandates e filing and bars simplified ITR forms. Amendment requires mandatory electronic filing for individuals and HUFs above the prescribed income threshold and makes resident individuals or resident HUFs with foreign assets or signing authority in foreign accounts ineligible to use the simplified ITR 1 (Sahaj) and ITR 4S (Sugam) forms, including where business income is computed under presumptive provisions.