CBDT has extended the last date for intimating Aadhaar number under section 139AA(2) of the Income-tax Act, 1961 (“Act”) for the purposes of linking Aadhaar with PAN from 30th September 2021 to 31st March 2022 vide Notification No. 113/2021 dated 17.09.2021. It further extends the due date for the completion of penalty proceedings from 30th September 2021 to 31st March 2022. However, there is no extension in the completion of assessment proceedings and it is getting time-barred on 30th September 2021.
The deadline to link PAN with Aadhaar has been extended by six months to March 31, 2022, from the existing time limit of September 30, 2021, which was extended by Notification No. 74/2021 dated 25.06.2021.
With this extension, it appears to have become an infinite loop and it has been extended numerous times since the provisions to link the PAN with Aadhaar was introduced in the Income-tax Act in 2017 vide the Finance Act, 2017 (7 of 2017).
The said notification also extended the time limit for issuance of notice and passing of the order by the Adjudicating Authority under the Prohibition of Benami Property Transactions Act, 1988 to 31st March, 2022.
This notification is issued under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020.
In a Press Release dated 17.09.2021, CBDT informed that the Central Government, in continuation of its commitment to address the hardship being faced by various stakeholders on account of the Covid-19 pandemic, has, on consideration of representations received from various stakeholders, decided to extend timelines for compliances under the Income-tax Act, 1961 in the following cases, as under:
1. Time limit for intimation of Aadhaar number to the Income tax Department for linking of PAN with Aadhaar has been extended from 30th September, 2021 to 31st March, 2022.
2. The due date for completion of penalty proceedings under the Act has also been extended from 30th September, 2021 to 31st March, 2022.
3. Further, the time limit for issuance of notice and passing of order by the Adjudicating Authority under the Prohibition of Benami Property Transactions Act, 1988 has also been extended to 31st March, 2022.
This time the last date to link the PAN with Aadhaar is expiring on 30.09.2021. Finance Act, 2021 has introduced provisions to levy a fee of Rs. 1,000 under section 234H for failure to link the PAN with Aadhaar within the notified due date of 30.09.2021. Hence, once the notified due date to link the PAN with Aadhaar is extended to 31.03.2022, there will be no requirement to pay late fees of Rs. 1,000 as per section 234H if the same is linked from 1st April, 2022.
Read the full text of Notification No. 113/2021 dated 17.09.2021 on Extension of PAN-Aadhaar Linking and Penalty Proceedings Due Date
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 17th September, 2021
S.O. 3814(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, 2021and No. 74/2021 dated 25th June, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2580(E) dated the 25th June, 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, ––
(a) 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 for imposition of penalty under Chapter XXI of the Income-tax Act, —
(i) the 30th day of March, 2022 shall be the end date of the period during which the timelimit specified in, or prescribed or notified under, the Income-tax Act falls for the completion of such action; and
(ii) the 31st day of March, 2022 shall be the end date to which the time-limit for completion of such action shall stand extended;
(b) 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 31st day of March, 2022.
(B) where the specified Act is the Prohibition of Benami Property Transaction Act, 1988, (45 of 1988) (hereinafter referred to as the Benami Act) and the completion of any action, as referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to issue of notice under sub-section (1) or passing of any order under sub-section (3) of section 26 of the Benami Act,—
(i) the 30th day of June, 2021 shall be the end date of the period during which the time-limit specified in or prescribed or notified under the Benami Act falls, for the completion of such action; and
(ii) the 31st day of March, 2022 shall be the end date to which the time-limit for completion of such action shall stand extended.
[Notification No. 113/2021/ F. No. 370142/35/2020-TPL-Part 1]
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. 4805(E) dated 31st December, 2020 and was last amended vide S.O. 2580(E) dated 25th June, 2021.
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