Section 140 - Return by whom to be verified - Income-tax Act, 1961

Return by whom to be 7 [verified]. 140. The return under 1 [ section 115WD or ] section 139 shall be 8 [ verified ] - 2 [ (a) in the case of an individual,- (i) by the individual himself; (ii) where he is absent from India, by the individual himself or by some person duly authorised by him in this behalf; (iii) where he is mentally incapacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf; and (iv) where, for any other reason, it is not possible for the individual to 15 [ verify ] the return, by any person duly authorised by him in this behalf: Provided that in a case referred to in sub-clause (ii) or sub-clause (iv), the person 16 [ verifying ] the return holds a valid power of attorney from the individual to do so, which shall be attached to the return; ] (b) in the case of a Hindu undivided family, by the karta, and, where the karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family; 3 [ (c) in the case of a company, by the managing director thereof, or where for any unavoidable reason such managing director is not able to 12 [ verify ] the return, or where there is no managing director, by any director thereof 19 [ or any other person, as may be prescribed for this purpose ] : 4 [Provided that where the company is not resident in India, the return may be 9 [ verified ] by a person who holds a valid power of attorney from such company to do so, which shall be attached to the return : Provided further that,- (a) where the company is being wound up, whether under the orders of a court or otherwise, or where any person has been appointed as the receiver of any assets of the company, the return shall be 10 [ verified ] by the liquidator referred to in sub-section (1) of section 178; (b) where the management of the company has been taken over by the Central Government or any State Government under any law, the return of the company shall be 11 [ verified ] by the principal officer thereof; ] 17 [ or ] 18 [ (c) where in respect of a company, an application for corporate insolvency resolution process has been admitted by the Adjudicating Authority under section 7 or section 9 or section 10 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the return shall be verified by the insolvency professional appointed by such Adjudicating Authority. Explanation . For the purposes of this clause the expressions insolvency professional and Adjudicating Authority shall have the respective meanings assigned to them in clause (18) of section 3 and clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016); ] (cc) in the case of a firm, by the managing partner thereof, or where for any unavoidable reason such managing partner is not able to 13 [ verify ] the return, or where there is no managing partner as such, by any partner thereof, not being a minor; 6 [ (cd) in the case of a limited liability partnership, by the designated partner thereof, or where for any unavoidable reason such designated partner is not able to 14 [ verify ] the return, or where there is no designated partner as such, by any partner thereof 20 [ or any other person, as may be prescribed for this purpose ] . ] (d) in the case of a local authority, by the principal officer thereof; ] 5 [ (dd) in the case of a political party referred to in sub-section (4B) of section 139, by the chief executive officer of such party (whether such chief executive officer is known as secretary or by any other designation); ] (e) in the case of any other association, by any member of the association or the principal officer thereof; and (f) in the case of any other person, by that person or by some person competent to act on his behalf. ******************** Notes :- 1. Inserted vide Section 42 of the Finance Act, 2005 w.e.f. 01-04-2006 2. Substituted vide Section 44 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 before it was read as, (a) in the case of an individual by the individual himself; where the individual is absent from India, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf; 3. Substituted vide Section 40 of the Taxation Laws (Amendment) Act, 1975 w.e.f. 01-04-1976 before it was read as, (c) in the case of a company or local authority, by the principal officer thereof; (d) in the case of a firm, by any partner thereof, not being a minor; 4. Inserted vide Section 44 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 5. Inserted vide Section 44 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 6. Inserted vide Section 54 of the Finance (No.2) Act, 2009 w.e.f. 01-04-2010 7. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, signed 8. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, signed and verified 9. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, signed and verified 10. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, signed and verified 11. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, signed and verified 12. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, sign and verify 13. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, sign and verify 14. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, sign and verify 15. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, sign 16. Substituted vide Section 50 of the Finance (No. 2) Act 2014 w.e.f. 01-10-2014 before it was read as, signing 17. Inserted vide Section 45 of the Finance Act 2018 w.e.f. 01-04-2018 18. Inserted vide Section 45 of the Finance Act 2018 w.e.f. 01-04-2018 19. Inserted vide Section 67 of the Finance Act 2020 w.e.f. 01-04-2020 20. Inserted vide Section 67 of the Finance Act 2020 w.e.f. 01-04-2020