CBDT has once again extended the due dates of various compliances under the Income-tax Act and Direct Tax Vivad Se Vishwas Act, 2020 vide Notification No. 74/2021 in S.O. 2580(E) and Notification No. 75/2021 in S.O. 2581(E) both dated 25th June 2021. Besides, CBDT has also issued a Circular No. 12/2021 of even date to explain the extension of various due dates so notified by these two notifications.
This extension of due dates has come in the backdrop of the outbreak of the second wave of the COVID-19 pandemic and due to lockdowns imposed by almost all the state governments. This time the extension of due dates is also due to the non-functioning of the new income-tax portal which was launched on 7th June, 2021.
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 reference which is applicable from March 2021. This is updated as per the legal position till 25th June 2021.
The government has issued a Press Release on 25th June 2021 regarding enumerating the extension of various due dates under the Income-tax Act.
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.
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 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.
This series of extensions of due dates continued when Notifications No. 74/2021 and 75/2021 were issued on 25th June 2021.
Notification No. 74 of 2021 prescribes the extension of the time limit for Assessment & Penalty as well as the extension of due dates of certain compliances by the taxpayers.
This notification is issued under section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) and modifies the following notifications issued earlier in this regard for extension of various due dates-
Notification No. 93/2020 in S.O. 4805(E) dated 31.12.2020
Notification No. 10/2021 in S.O. 966(E) dated 27.02.2021
Notification No. 20/2021 in S.O. 1432(E) dated 31.03.2021
Notification No. 38/2021 in S.O. 1703(E) dated 27.04.2021
The present notification extends the time limit and due dates of completion of certain actions as specified in section 3(1)(a) and section 3(1)(b) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020).
The notification extends the date of the following actions -
1. Where the completion of any action is referred to in section 3(1)(a) of the Act No. 38 of 2020 relates to the passing of any order for assessment or reassessment under the Income-tax Act and the time limit for completion of such action under section 153 or section 153B thereof, expires on the 30th day of June, 2021, such time limit is further extended to the 30th day of September, 2021.
2. Where the completion of any action is referred to in section 3(1)(a) of the Act No. 38 of 2020 relates to the passing of any order for imposition of penalty under Chapter XXI of the Income-tax Act ends on 29th day of September, 2021 is extended to the 30th day of September, 2021.
3. Where the completion of any action is referred to in section 3(1)(b) of the Act No. 38 of 2020 relates to the intimation of Aadhaar number to the prescribed authority under section 139AA(2) of the Income-tax Act, the time-limit for such the compliance of such action is extended to the 30th day of September, 2021.
4. Where the completion of any action is referred to in section 3(1)(a) of the Finance Act, 2016 relates to sending an intimation under section 168(1) of the Finance Act, 2016 and the time limit for completion of such action expires on the 30th June, 2021, such time limit is extended to the 30th day of September, 2021. This is related to the processing of the Equalisation Levy return.
Section 3(1)(a) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) deals with the completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval, or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the specified Act.
Section 3(1)(b) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) deals with the filing of any appeal, reply or application or furnishing of any report, document, return or statement or such other record, by whatever name called, under the provisions of the specified Act.
However, this time, Notification No. 74/2021 has not prescribed an extension of date for issuance of any Notice under section 143(2) and under section 148 which expired on 30th June 2021.
Notification No. 75 of 2021 is regarding the extension of the timeline to make the payment of disputed tax without any 10% additional amount of the disputed tax under the Vivad se Vishwas Scheme. This notification is issued under section 3 of the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020) and modified the clauses of Notification No. 85/2020 dated 27th October, 2020.
Earlier the date for filing the declaration and making payment without additional amount under Vivad se Vishwas was extended from 31st March 2020 to 30th June 2020 by the Taxation and other Laws (Relaxation of Certain Provisions) Ordinance, 2020. Later again, this date was extended further to 31st December 2020 by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 by amending the Direct Tax Vivad se Vishwas Act, 2020 to extend the date for payment without 10% additional amount to 31-12-2020 in line with the relaxation provided in the Ordinance of 2020. It also empowers the Central Government to notify certain dates relating to filing of declaration and making of the payment. Earlier both the declaration and the payment without additional amount under the Vivad se Vishwas were required to be made by 31st December 2020.
CBDT vide Notification No. 85/2020 in S.O. 3847(E) dated 27.10.2020 had extended the date for making payment without 10% additional amount under the Vivad se Vishwas Scheme from 31st December 2020 to 31st March 2021.
This date of payment of disputed tax without 10% additional amount was then extended to 30th June 2021 vide Notification No. 39/2021 in S.O. 1703(E) dated 27.04.2021 under the Vivad se Vishwas Scheme.
Section 2(1)(l) of the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV) specifies that the government may notify the last date by which the scheme shall remain open and by the date by which the disputed tax shall be paid with an additional 10% amount. The “last date” is defined to mean such date as may be notified by the Central Government in the Official Gazette.
In this context, CBDT has for the first time notified the “last date” for the Vivad se Vishwas Scheme. It has notified 31st October, 2021 as the last date of the scheme as per section 2(1)(l) of the DTVSV Act, 2020 vide Notification No. 75/2021 dated 25.06.2021.
The said notification has also extended the time limit to deposit the disputed tax to 31-08-2021 from the earlier extended date of 30-06-2021 without any additional amount. The declarant has to deposit the disputed tax along with 10% additional amount of the disputed tax from 1st September 2021 to 31st October, 2021 in case he fails to deposit the same by 31st August, 2021.
The time limit to file declarations for opting the scheme already expired on 31st March, 2021.
Apart from these two notifications, CBDT has also extended the time limit for various compliances of income-tax vide an Order passed under section 119 of the Act and are enumerated in the Circular No. 12/2021 dated 25th June 2021-
Notes:
1. Power to Issue Order and Notifications: This Order vide Circular No. 12/2021 is issued by exercising the inherent powers of the Board as conferred by the Income-tax Act, 1961 whereas the two notifications bearing no. 74/2021 and 75/2021 are issued by exercising the powers conferred to the government by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020).
2. 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.
3. Interest u/s 234A is payable if self assessment tax payable exceeds Rs. 1 Lakh.
4. Any tax paid by a resident senior citizen individual having no business income u/s 140A by 31-7-21 will be considered as advance tax and not self assessment tax for such senior citizen individual.
5. 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.
Gist of Extension of Various Due Dates as on 25th June, 2021
Read the full text of Circular No. 12/2021 dated 25.06.2021 on Extension of various Due Dates of Income-tax Compliances
Circular No 12 of 2021
F. No.225/49/2021-ITA-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, Dated 25th June, 2021
Subject: Extension of time limits of certain compliances to provide relief to taxpayers in view of the severe pandemic - reg.
On consideration of genuine hardship being faced by the taxpayers in making various compliances under the Income-tax Act, 1961 (hereinafter referred to as “the Act”) in view of severe pandemic, the Central Board of Direct Taxes, in exercise of its power under Section 119 of the Act, provides relaxation in respect of the following compliances as under:
1) Objections to Dispute Resolution Panel (DRP) and Assessing Officer under section 144C of the Act, for which the last date of filing under that Section is 1st June, 2021 or thereafter. may be filed within the time provided in that Section or by 31st August, 2021, whichever is later;
2) The Statement of Deduction of Tax for the last quarter of the Financial Year 2020-21, required to be furnished on or before 31st May, 2021 under Rule 31A of the Income-tax RuIes, 1962 (hereinafter referred to as “the Rules”), as extended to 30th June, 2021 vide Circular No.9 of 2021, may be furnished on or before 15th July, 2021;
3) The Certificate of Tax Deducted at Source in Form No.16, required to be furnished to the employee by 15th June, 2021 under Rule 31 of the Rules, as extended to 15th July, 2021 vide Circular No.9 of 2021, may be furnished on or before 31st July, 2021;
4) The Statement of Income paid or credited by an investment fund to its unit holder in Form No. 64D for the Previous Year 2020-21, required to be furnished on or before 15th June, 2021 under Rule 12CB of the Rules, as extended to 30th June, 2021 vide Circular No.9 of 2021, may be furnished on or before 15th July, 2021;
5) The Statement of Income paid or credited by an investment fund to its unit holder in Form No. 64C for the Previous Year 2020-21, required to be furnished on or before 30th June, 2021 under Rule 12CB of the Rules, as extended to 15th July, 2021 vide Circular No.9 of 2021, may be furnished on or before 31st July, 2021;
6) The application under Section 10(23C), 12AB, 35(1)(ii)/(iia)/(iii) and 80G of the Act in Form No. 10A/ Form No.10AB, for registration/ provisional registration/ intimation/ approval/ provisional approval of Trusts/ Institutions/ Research Associations etc. required to be made on or before 30t h June, 2021, may be made on or before 31st August, 2021;
7) The compliances to be made by the taxpayers such as investment, deposit, payment, acquisition, purchase, construction or such other action, by whatever name called, for the purpose of claiming any exemption under the provisions contained in Section 54 to 54GB of the Act, for which the last date of such compliance falls between 1st April,2021 to 29th September, 2021 (both days inclusive), may be completed on or before 30th September, 2021;
8) The Quarterly Statement in Form No. 15CC to be furnished by authorized dealer in respect of remittances made for the quarter ending on 30th June, 2021, required to be furnished on or before 15th July, 2021 under Rule 37 BB of the Rules, may be furnished on or before 31st July, 2021;
9) The Equalization Levy Statement in Form No. 1 for the Financial Year 2020-21, which is required to be filed on or before 30th June, 2021, may be furnished on or before 31st July,2021;
10) The Annual Statement required to be furnished under sub-section (5) of section 9A of the Act by the eligible investment fund in Form No. 3CEK for the Financial Year 2020-21, which is required to be filed on or before 29th June, 2021 , may be furnished on or before 31st July,2021;
11) Uploading of the declarations received from recipients in Form No. 15G/15H during the quarter ending on 30th June, 2021, which is required to be uploaded on or before 15th July,2021, may be uploaded by 31st August,2021;
12) Exercising of option under sub-section (1) of Section 245M of the Act in Form No. 34BB which is required to be exercised on or before 27th June, 2021 may be exercised on or before 31st July, 2021.
(Prajna Paramita)
Director to the Government of India
Download CBDT Circular No. 12/2021 dated 25.06.2021 on Extension of various Due Dates of Income-tax Compliances in pdf format
Read the full text of Notification No. 74/2021 dated 25.06.2021 on Extension of Due Dates of certain Income-tax Compliances
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 25th June, 2021
S.O. 2580(E).—In exercise of the powers conferred by sub-section (1) of section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) (hereinafter referred to as the said Act), and in partial modification of the notifications of the Government of India in the Ministry of Finance, (Department of Revenue) No. 93/2020 dated the 31st December, 2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 4805(E), dated the 31st December, 2020 and No. 10/2021 dated the 27th February, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii),vide number S.O. 966(E) dated the 27th February, 2021 and No. 20/2021 dated the 31st March, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii),vide number S.O 1432(E) dated the 31st March, 2021 and No. 38/2021 dated 27th April, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 1703(E) dated the 27th April, 2021, (hereinafter referred to as the said notifications), the Central Government hereby specifies for the purpose of sub-section (1) of section 3 of the said Act, that, —
(A) where the specified Act is the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act) and,—
(i) the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to passing of any order ,-
(a) for assessment or reassessment under the Income-tax Act, and the time limit for completion of such action under section 153 or section 153B thereof, expires on the 30thday of June, 2021 due to its extension by the said notifications, such time limit shall further stand extended to the 30th day of September, 2021;
(b) for imposition of penalty under Chapter XXI of the Income-tax Act,—
(i) the 29th day of September, 2021 shall be the end date of the period during which the time limit specified in, or prescribed or notified under, the Income-tax Act falls for the completion of such action; and
(ii) the 30th day of September, 2021 shall be the end date to which the time limit for completion of such action shall stand extended;
(ii) the compliance of any action, referred to in clause (b) of sub-section (1) of section 3 of the said Act, relates to intimation of Aadhaar number to the prescribed authority under sub-section (2) of section 139AA of the Income-tax Act, the time-limit for such the compliance of such action shall stand extended to the 30th day of September, 2021
(B) where the specified Act is the Chapter VIII of the Finance Act, 2016 (28 of 2016) (hereinafter referred to as the Finance Act) and the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to sending an intimation under sub-section (1) of section 168 of the Finance Act, and the time limit for completion of such action expires on the 30th June, 2021 due to its extension by the said notifications, such time limit shall further stand extended to the 30th day of September, 2021.
[Notification No. 74/2021/ F. No. 370142/35/2020-TPL]
SHEFALI SINGH, Under Secy., Tax Policy and Legislation Division
Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide S.O. No. 4805(E) dated 31st December, 2020 and was last amended vide S.O. 1703(E) dated 27th April,2021.
Download CBDT Notification No. 74/2021 dated 25.06.2021 on Extension of Due Dates of certain Income-tax Compliances in pdf format
Read the full text of Notification No. 75/2021 dated 25.06.2021 on Extension of time limit under Vivad se Vishwas Scheme
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 25th June, 2021
S.O. 2581(E).—In exercise of the powers conferred by section 3 of the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020), the Central Government hereby makes the following amendments in the notification of the Government of India, Ministry of Finance, (Department of Revenue), number 85/2020, dated the 27thOctober, 2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub- section (ii), vide number S.O. 3874(E), dated 27th October, 2020, namely:—
In the said notification,—
(i) in clause (b), for the figures, letters and words “30th day of June, 2021”, the figures, letters and words“31st day of August, 2021” shall be substituted;
(ii) in clause (c), for the figures, letters and words “1st day of July, 2021”, the figures, letters and words“1st day of September, 2021” shall be substituted;
(iii) after clause (c), the following clause shall be inserted, namely: —
“(d) 31st day of October, 2021 shall be the last date under clause (l) of sub-section (1) of section 2 of the said Act.”.
2. This notification shall come into force from the date of its publication in the Official Gazette.
[Notification No. 75/2021/F.No.IT(A)/01/2020-TPL]
SHEFALI SINGH, Under Secy., Tax Policy and Legislation Division
Note: The principal notification was published in the Gazette of India, Extraordinary, Part-II Section-3, Sub Section (ii) vide S.O. 3847(E), dated 27th October, 2020 and was subsequently amended vide notification number S.O.4804(E) dated 31st December, 2020 published in the Gazette of India, Extrordinary, Part II, Section 3, Sub-section (ii) dated the 31st December, 2020 and notification number S.O.471(E), dated 31st January, 2021 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) dated the 31st January, 2021 and notification number S.O.964 (E), dated 26th February,2021 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub- section (ii) dated the 26th February, 2021 and notification number S.O.1704(E) dated 27th April, 2021 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) dated the 27th April, 2021.
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