83[Obligation to furnish annual information
return84.
285BA. (1) Any person, being—
(a) an assessee; or
(b) the prescribed person in the case of an
office of Government; or
(c) a local authority or other public body or
association; or
(d) the Registrar or Sub-Registrar appointed
under section 6 of the Registration Act, 1908 (16 of 1908); or
(e) the registering authority empowered to
register motor vehicles under Chapter IV of the Motor Vehicles Act, 1988 (59 of
1988); or
(f) the Post Master General as referred to in
clause (j) of section 2 of the Indian Post Office Act, 1898 (6 of 1898);
or
(g) the Collector referred to in clause (c)
of section 3 of the Land Acquisition Act, 1894 (1 of 1894); or
(h) the recognised stock exchange85 referred to in clause (f) of section 2 of the Securities
Contracts (Regulation) Act, 1956 (42 of 1956); or
(i) an officer of the Reserve Bank of India,
constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934);
or
(j) a depository referred to in clause (e)
of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996)85,
who is
responsible for registering, or, maintaining books of account or other document
containing a record of any specified financial transaction, under any law for
the time being in force, shall furnish an annual information return86, in respect of such specified financial transaction which is registered
or recorded by him during any financial year beginning on or after the 1st day
of April, 2004 and information relating to which is relevant and required for
the purposes of this Act, to the prescribed income-tax authority87 or such other authority or agency as may be prescribed88.
(2) The annual
information return referred to in sub-section (1) shall be furnished within the
prescribed time89 after the end of such financial year, in such
form and manner (including on a floppy, diskette, magnetic cartridge tape,
CD-ROM or any computer readable media) as may be prescribed90.
(3) For the purposes of sub-section (1),
“specified financial transaction” means any—
(a) transaction of purchase, sale or exchange of
goods or property or right or interest in a property; or
(b) transaction for rendering any service; or
(c) transaction under a works contract; or
(d) transaction by way of an investment made or
an expenditure incurred; or
(e) transaction for taking or accepting any loan
or deposit,
which may be prescribed90 :
Provided that the Board may prescribe different values for different
transactions in respect of different persons having regard to the nature of
such transaction :
Provided further that the value or, as the case may be, the
aggregate value of such transactions during a financial year so prescribed
shall not be less than fifty thousand rupees.
(4) Where the
prescribed income-tax authority considers that the annual information return
furnished under sub-section (1) is defective, he may intimate the defect to the
person who has furnished such return and give him an opportunity of rectifying
the defect within a period of one month from the date of such intimation or
within such further period which, on an application made in this behalf, the
prescribed income-tax authority may, in his discretion, allow; and if the
defect is not rectified within the said period of one month or, as the case may
be, the further period so allowed, then, notwithstanding anything contained in
any other provision of this Act, such return shall be treated as an invalid
return and the provisions of this Act shall apply as if such person had failed
to furnish the annual information return.
(5) Where a
person who is required to furnish an annual information return under
sub-section (1) has not furnished the same within the prescribed time, the
prescribed income-tax authority may serve upon such person a notice requiring
him to furnish such return within a period not exceeding sixty days from the
date of service of such notice and he shall furnish the annual information
return within the time specified in the notice.]