Chapter 19 Income Return and Assessment of Tax

Section 97 : Submission of income return not required

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1) Except where the Department issues a written order, any of  the following persons shall not be required to submit the income return for any income year pursuant to Section 96:

a) Out of the persons mentioned in clause (a) of Section 3, any person who is not required to pay tax in that income year,

b) Any person mentioned in clause (c) of Section 3 in that income year,

c) Any resident natural person  to which sub-section (3) of Section 4 applies in that income year,

c1) Section 95A in such income year. A natural person having only the income referred to in sub-section (6B) (6C) (6D)

d) If the owner of a motor vehicle depositing tax pursuant to sub-section (13) of Section 1 of Schedule I is an individual except for a sole proprietorship firm, such a natural person,

e) A natural person not willing to submit an income return having income only from the disposal of non-business taxable property.

2) Notwithstanding anything contained in sub-section (1), a natural person having an income of more than forty lakh rupees in any income year shall submit the income return pursuant to Section 96.

3) The individual required to submit the return pursuant to sub-section (2) shall include in it the income gained from business exemption benefit referred to in clause (d) of Section 5, sub-section (3) of Section 7, clause (a) of sub-section (3) of Section 8, clause (a) of sub-section (3) of Section 9 and Section 11, in addition to the income required to be included.

Provided that it shall not be mandatory to include a meeting allowance and interest in income.

4) The income referred to in clause (c) of Section 3 and income from tax exemption under Section 11 of the Act shall be deducted from the income set pursuant to sub-section (3).

Provided that it need not be deducted where a meeting allowance and interest income have not been included.

5) The format of the income returns to be submitted pursuant to sub-section (2) shall be as specified by the Inland Revenue Department.

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