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Pamphlet - One By Six Scheme

  1. Overview
  2. Persons in respect of whom the scheme is not applicable
  3. Occupation of immovable property
  4. Subscriber to a telephone
  5. Motor Vehicle
  6. Due date
  7. Specified floor area of the immovable property for urban agglomeration of different cities
  8. When Form 2C is not filed
  9. Basic conditions of the scheme
  10. Frequently Asked Questions
One by Six Scheme
Exempt Income
Pre emptive Purchase
Appeals
Grievance Redressal
Penalties & Prosecutions
FAQs

 

Overview
In occupation of an Immovable property exceeding a specified floor area, whether by way ` of ownership, tenancy or otherwise as specified in the notification Nos. S.O. 467 (E) dated 27th June, 1997 and S.O. 668 (E) dated the 6th August, 1998.

i. Owner or the lessee of a motor vehicle.
ii. Subscriber to a cellphone.
iii. Incurring expenditure for himself or for any other person on travel to any foreign country .
iv. Holder of the credit card, not being an "add-on" card, issued by any bank or institution.

Member of a club where entrance fee charged is twenty five thousand rupees or more.

Persons in respect of whom the scheme is not applicable

  The conditions specified in clause (i) to clause (vi) do not apply to any person being a non resident.
  The conditions specified in clause (i) or clause (iii) do not apply to any senior citizen who has attained 65 years of age but is not engaged in any business or profession during the previous year. (Notification S.O. 710 (E) date 20th August, 1998).
  Travel to any foreign country does not include travel to Bangladesh, Bhutan, Maldives, Nepal, Pakistan and Sri Lanka. Travel to Saudi Arabia on Haj pilgrimage organised by Central Haj Committee and to China on pilgrimage to Kailash Mansrover are not to be regarded as travel to any foreign country (Notification Nos. S.O. 711 (E) and S.O. 712 (E) dated 20th August, 1998).

Please note that the Form must be filled up and filed in the Income-tax office even if the total income of the assessee is below the basic exemption limit of Rs. 50,000/- for the financial year 2000-01 ( relevant to Asstt. Year 2001-2002). This limit is increased to Rs. 50,000/- for the subsequent financial years.

Occupation of immovable property
This includes occupation by way of ownership, tenancy or otherwise (say, as a paying guest). Occupation may be either of residential or commercial property.If the property in question is equal to or exceeds the floor 600 sq. ft. in the case of residential property (other than huts and kutcha dwellings ) and 100 sq. ft. in the case of commercial property.

Subscriber to a cellphone
Please note that 'phone' includes only cellular telephone but not a Pager or ordinary Telephone.

Motor Vehicle
Shall have the meaning assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988. 'Motor vehicle' or 'vehicle' means any mechanically propelled vehicle adapted for use upon roads, whether the power of propulsion is transmitted there to from an external or internal source, and includes a chassis to which a body has not been attached, and a trailer but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises, or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty-five cubic centimeters. Thus, virtually all four wheelers (cars,buses, trucks, tractors, etc.) are covered under the definition of 'motor vehicle.

Due date
The due date for filing the return under proviso to section 139(I) for the assessment year 2002-2003 is 31 Oct' 2002.

Specified floor area of the immovable property for urban agglomeration of different cities

Name of the Cities
Used for Residential
(other than huts
& kutcha dwellings)
purposes in Sq.Ft.
Used for Commercial purposes in Sq.Ft.

Delhi (Including Gurgaon,Faridabad, Ghaziabad
and Noida )

600
100

Mumbai

600
100

Chennai

1000
125

Calcutta

1000
125

Bangalore

800
125

Hyderabad

1100
125

Jaipur

1100
125

Kanpur

1100
175

Pune

800
125

Ahmedabad

800
125

Ludhiana

800
125

Chandigarh

1100
125

Surat

1100
125

Vadodara

1100
175

Kochi

1100
125

Kozhikode

1100
175

Trivandrum

1100
175

Coimbatore

1100
125

Madurai

1100
175

Bhopal

1100
175

Indore

1100
125

Jabalpur

1100
175

Vijayawada

1100
175

Visakhapatnam

1100
175

Agra

1100
175

Meerut

1100
175

Allahabad

1100
175

Lucknow

1100
175

Varanasi

1100
175

Dhanbad

1100
175

Patna

1100
175

Jamshedpur

1100
175

Kalayan

1100
175

Nagpur

1100
125

Thane

1100
175

When Form 2C is not filed
If a person who is required to furnish a return of his income as required by the proviso to sub-section (1) of section 139, that is under the scheme fails to furnish such return on or before the due date, he shall be liable to pay by way of penalty, a sum of five thousand rupees. (Rs.5000/-
)

Basic conditions of the scheme

The person must not be furnishing the return under section 139(1).

The person must be residing in a notified area.

Frequently Asked Questions
 

Q.

A person is already filing his returns regularly. Is he also required to file a return in Form 2C if he fulfils any of the above conditions ?

Ans.

No.

 

Q.

What is the last date for filing return in Form 2C for F.Y. 2001-2002 ?

Ans.

The last date for filing of such return for the F.Y. 2001-2002 is 31-10-2002.

 

Q.

Who are exempted from filing their return in Form 2C?

Ans.

Persons who are exempted

  1. The Person is non-resident during the year.
  2. Any senior citizen (i.e. those individuals who have attained 65 years of age), provided that he is not engaged in any business or profession, and he does not satisfy any one of the criteria mentioned at from (iii) to (vi) above (He may satisfy either or both of criteria mentioned at (i) and (ii) above).
  3. Following Foreign travel is exempt:
    To Bangladesh, Bhutan, Maldives, Nepal, Pakistan, and Srilanka, or to Saudi Arabia on Haz Pilgrimage organised by Central Haj Committee, or to China on pilgrimage to Kailash Mansoravor organized by the Ministry of External Affairs.

 

Q.

What is the penalty for non-filing of returns in Form 2C by persons satisfying one of the six criteria?

Ans.

Non-filing of return of income which is required to be filed as above before the due date, may attract penalty of Rs.500/- (even for persons having non-taxable income) as per the proviso to Section 271F of I.T.Act. Notice u/s 142(1) can be served requiring the person to file his return failing which further penal action would follow.

 

Q.

Has this return in Form 2C to be filed every year?

Ans.

Yes. So long as a person continues to fulfil ANY ONE of the SIX conditions he is required to file his return in Form 2C every year, unless he files his return of income u/s 139(1) per independent liability to do so.

 

Q.

Are only individuals covered by this scheme?

Ans.

The scheme applies to any person irrespective of status i.e. even HUF, AOP, Co-operative Societies; Local Authority etc. would have to file return if it satisfies any one of the six criteria.

 

Q.

How is the Department going to identify people who satisfy one or more of the six criteria?

Ans.

The Department has since compiled a comprehensive database of persons/entities covered by one or more of the six criteria. Such data base has inputs from relevant agencies (e.g. Registrar of Properties, RTO etc.). This data base has already been put to use whereby the department is issuing letters advising, at the first instance, persons concerned to file returns, which would be followed up by statutory notices with all their attendant legal implications.

 

Q.

The general perception among the public is that once somebody is on the records of the Income tax Department he can expect frequent queries from the department and would suffer resulting harassment. Is it correct?

Ans.

Over the past so many years the policy of the Income Tax Department has been "Taxation with Trust" where-by majority of Income Tax Returns are accepted as such except for necessary processing for issuing refunds. Hardly 3% of the total returns are selected for in-depth scrutiny. As per the latest guidelines, the selection of a return of income for scrutiny has to be based on specific information and cannot be based on the whims of the Officer. The fear of harassment should be discarded.