After the spur in COVID cases due to outbreak of the second wave of the pandemic and due to lockdowns imposed by almost all the state governments, CBDT has on various occasions issued notifications and orders to extend the due date of various compliances under the Income-tax Act, 1961 (“Act”). All the extensions in the due date of various compliances by the department as well as by the assessee are compiled in this article as a ready referencer applicable from March 2021. This is updated as per the legal position till 25th May, 2021.
The government has taken the powers to extend various due dates under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. Besides, statutory powers are also there under the Income-tax Act.
There were series of extension of due dates in the year 2020 when the first wave of the pandemic has hit the country. Thereafter, the new series of extension has started amid the second wave of the pandemic for the compliances related to the financial year 2020-21 or which were required to be complied by 31-03-2021.
In this series, the first notification issued by the CBDT is Notification No. 20/2021 dated 31.03.2021 to extend the due date of PAN-Aadhaar linking and extension of time limit to issue the notches u/s 148 among others. In the next two successive notifications bearing No. 38/2021 and 39/2021, the Board has extended the time limit for various compliances by the income-tax department including the extension of the time limit to pass various assessment orders. Also, the Board has extended the date for payment of disputed tax under the Vivad se Vishwas Scheme without a 10% additional amount.
One month later in April 2021, vide an Order dated 30.04.2021 through Circular No. 8/2021, the government has extended certain due dates viz., the due date for payment of TDS, the due date for furnishing TDS statements, etc. Further relief was provided by an Order dated 20.05.2021 vide Circular No. 9/2021 by extending due dates of certain compliances under the Act.
CBDT has issued the following Notifications and Orders for compliances to extend the due dates which are due from March 2021 which is listed in the following table-
Also Read: Further Update-June 2021
Analysis of New Extension of Due Dates of Various Income-tax Compliances - June 2021
Notes:
1. Extension of Due date of TDS certificates in Form 16A: In case of the due date of issue of TDS certificates in Form 16, Rule 31 categorically specifies the date of 15th June within Form 16 needs to be issued. Hence, for any relief, the new extended date needs to be notified, as done in this case. On the contrary, in case of issue of TDS certificates in Form 16A, Rule 31 states that the same needs to be issued within 15 days from the due date of furnishing the TDS statements as per Rule 31A. Hence, once the due date to furnish the TDS statements is extended, there is no need to extend the due date to issue the TDS certificates in Form 16A. It is automatically extended to 15 days once the due date for furnishing TDS statements is extended. Hence, when the due date for furnishing the TDS statement for the 4th Quarter of FY 2020-21 is extended to 30-6-2021, the due date to issue the TDS certificates is automatically extended to 15-7-2021 by virtue of Rule 31(3). No separate order is required for such extension.
2. Interest u/s 234A is payable if self-assessment tax payable exceeds Rs. 1 Lakh.
3. Any tax paid u/s 140A by a resident senior citizen individual having no business income by 31-7-21 will be considered as advance tax and not self-assessment tax for such senior citizen individual.
4. No extension of the due date for payment of TDS/TCS for the month of March 2021 which expires on 30th April 2021 despite the fact that many of the states were under full lockdown on that date and still continuing.
5. No extension of the due date for payment of TDS/TCS for the month of April 2021 which expires on 7th May 2021 despite the fact that many of the states were under full lockdown on that date and still continuing.
6. Even though there is an extension given for the TDS statement for the 4th Quarter of the FY 2020-21, there is no extension of the due date for the TCS statement for the 4th Quarter of the FY 2020-21.
7. There is no relief for applicability of extended date to lower TDS certificates and submission of Form 15G/Form 15H
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