Tuesday, October 12, 2021
HomeIncome TaxSection 140: Who must Sign or Verify an Income Tax Return

Section 140: Who must Sign or Verify an Income Tax Return

Every income tax return (ITR) filed must be mandatorily signed by the appropriate person (authorized by income tax law) confirming that the information and particulars given in the return are correct and in accordance with the income tax law and also confirming that he/she is the competent person to make and verify the return.

In this article, we will be discussing a little more in detail as regards who is authorized to sign an income tax return.

The return under section 139 shall be verified:

Verification of Return U/s 139 in the case of an ‘Individual’

  1. by the individual himself; or
  2. where he is absent from India, by the individual himself or by some person duly authorized by him on his behalf; or
  3. where he is mentally incapacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf and
  4. where, for any other reason it is not possible for the individual to verify the return, by any person duly authorized by him on this behalf.

In the case of (ii) and (iv) above, the person verifying the return should hold a valid power of attorney from the individual to do so, which shall be attached to the return. Except in cases mentioned in clause (ii), (iii), or (iv) above, the return of income must be verified by the individual personally and not by his agent even if the agent holds a valid power of attorney.

Verification of Return U/s 139 in the case of a Hindu Undivided Family (HUF)

only by the Karta. However, in the following two cases it can be verified by any other adult member of the family:

  1. where the Karta is absent from India; or
  2. where the Karta is mentally incapacitated from attending to his affairs;

Verification of Income Tax Return U/s 139 in the case of a Company

  1. by the managing director thereof, or
  2. where for any unavoidable reason such managing director is not able to verify the return, or where there is no managing director, by any director thereof or
  3. in the case of a company being wound up, by the liquidator or
  4. in case of a company whose management has been taken over by the Central Government or the State Government, by the Principal Officer thereof.

However, if the company is non-resident in India, the return may be verified by a person who holds a valid power of attorney from such company to do so;

Verification of Tax Return U/s 139 in the case of a Firm

  1. by the managing partner thereof, or
  2. where for any unavoidable reason, such managing partner is not able to verify the return, or where there is no managing partner as such, by any partner thereof, not being a minor;

Verification of ITR U/s 139 in the case of a Limited Liability Partnership (LLP)

by the designated partner thereof or where for any unavoidable reason such designated partner is not able to verify the return or where there is no designated partner as such, by any partner thereof;

Verification of Return U/s 139 in the case of a Local Authority

by the principal officer thereof;

Verification of Return U/s 139 in the case of a Political Party

by the chief executive officer of such party (whether such Chief Executive Officer is known as Secretary or by any other designation);

The signing of Return U/s 139 in the case of Any Other Association

by any member of the association or the principal officer;

The signing of Return U/s 139 in the case of Any Other Person

  1. by that person or
  2. by some person competent to act on his behalf.
Vikas Sharmahttp://taxclue.in
A writer by passion. Reading and traveling in my free time enhances my creativity in work. I enjoy exploring my creative side, and so I keep myself engaged in learning new skills.

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