CBDT vide Circular No. 17/2021 dated 09th September 2021 issued an Order u/s 119 in order to extend the due date of filing of ITR and Tax Audit Report for the assessment year (AY) 2021-22 to 31st December 2021 and later dates. This is the second extension of due dates for filing of ITR and Tax Audit Reports for the AY 2021-22, primarily due to the non-functioning of the e-filing portal which was launched on 7th June 2021.
In this context, CBDT has issued a Press Release on 9th September 2021 to inform the extension of due dates of filing of return and tax audit reports for the AY 2021-22.
Unfortunately, even though an extension of due dates is granted, one needs to pay interest under section 234A if the self-assessment tax exceeds Rs. 1,00,000. This is despite the fact that the extension is given due to the non-functioning of the new income-tax portal due to which taxpayers could not file their returns. Further, many functionalities and forms are still not available but taxpayers are penalized in the form of interest liability for no fault of theirs.
This is clarified by the CBDT in its Press Release as well as the Circular which states that on consideration of difficulties reported by the taxpayers and other stakeholders in the filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22 under the Income-tax Act, 1961, CBDT has extended the due dates. Thus, it clearly shows that there is no fault on the part of the taxpayers for the delay and the resultant extension of due dates, but still, the taxpayers have to bear the interest liability.
As per the Order issued vide Circular No. 17/2021 on 9th September 2021, the due date for furnishing return of income tax return (ITR) for the AY 2021-22 in case of non-audit cases by salaried and other Individuals, HUF, firms, and other persons other than a company, where the due date as per section 139(1) is 31st July 2021 and which was earlier extended to 30th September, 2021 is further extended to 31st December 2021.
Further, where the due date for filing of tax audit reports is 30th September 2021 and was earlier extended till 31st October 2021 is extended to 15th January 2022. Consequently, the due date for filing of return for the AY 2021-22 in tax audit cases and for Companies is extended to 15th February 2022. The normal due date to file the return of income in tax audit cases under section 139(1) is 31st October 2021 which was earlier extended to 30.11.2021.
Similarly, where the due date for filing of tax audit reports for persons having international transactions or specified domestic transactions is 31st October 2021 and was earlier extended till 30th November 2021 is extended to 31st January 2022. Consequently, the due date for filing of return for the AY 2021-22 in such cases is extended to 28th February 2022. The normal due date to file the return of income in such cases under section 139(1) is 30th November 2021 which was earlier extended to 31.12.2021.
Moreover, the due date of furnishing of belated and revised Return of Income for the AY 2021-22, which is 31st December 2021 under sub-section (4) and sub-section (5) of section 139 respectively, is extended to 31st March 2022. This due date was earlier extended to 31st January 2022 against the normal due date of 31st December 2021 for the AY 2021-22.
Readers are aware that Finance Act, 2021 has reduced the time limit to file the belated and revised return under sections 139(4) and (5) respectively from AY 2021-22. Prior to the amendment, the last date to file the belated/revised return was 31st March of the relevant AY. This was reduced by three months to 31st December of the relevant AY from the AY 2021-22. Consequential amendment was also introduced in section 234F to omit the provisions related to the imposition of late fees under section 234F which was applicable of belated/revised was filed in between January and March of the relevant assessment year.
With this extension, the belated/revised return for AY 2021-22 can be filed upto 31st March 2022.
The first extension of due dates for filing of return and tax audit report was given on 20th May 2021 vide Circular No. 9/2021. At that time, almost all the States were under lockdown due to the outbreak of the second wave of COVID-19 pandemic.
The extension of due dates of income-tax return and tax audit report for AY 2021-22 vide Circular No. 17/2021 dated 9.9.2021 are as under-
Read the full text of Circular No. 17/2021 dated 09.09.2021 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22
Circular No. 17/2021
F. No. 225/49/2021/ITA-ll
Government of India Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
*****
New Delhi, 9th September, 2021
PRESS RELEASE
Subject: Extension of time lines for filing of Income-tax returns and various reports of audit for the Assessment Year 2021-22- reg.
On consideration of difficulties reported by the taxpayers and other stakeholders in electronic filing of Income-tax returns and various reports of audit under the provisions of Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in exercise of its powers under Section 119 of the Act, provides relaxation in respect of the following compliances:
1. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31st July, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th September, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st December, 2021;
2. The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which is 30th September, 2021, as extended to 31st October, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 15th January, 2022;
3. The due date of furnishing Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2020-21, which is 31st October, 2021, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st January, 2022;
4. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st October, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 15th February, 2022;
5. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 30th November, 2021 under sub-section (1) of section 139 of the Act, as extended to 31st December, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 28th February, 2022;
6. The due date of furnishing of belated/revised Return of Income for the Assessment Year 2021-22, which is 31st December, 2021 under sub-section (4)/sub-section (5) of section 139 of the Act, as extended to 31st January, 2022, vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st March, 2022;
Clarification 1: It is clarified that the extension of the dates as referred to in clauses (9), (12) and (13) of Circular NO.9/2021 dated 20.05.2021 and as referred to in clauses (1), (4) and (5) of this Circular shall not apply to Explanation 1 to section 234A of the Act, in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of sub-section (1) of that section exceeds one lakh rupees.
Clarification 2: For the purpose of Clarification 1, in case of an individual resident in India referred to in sUb-section (2) of section 207 of the Act, the tax paid by him under section 140A of the Act within the due date (without extension under Circular NO.9/2021 dated 20.05.2021 and this Circular) provided in that Act, shall be deemed to be the advance tax.
(Ravinder Maini)
Director to the Government of India.
Download Copy of CBDT Circular No. 17/2021 dated 09.09.2021 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22 in pdf format
Read the full text of Press Release dated 09.09.2021 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, 9th September, 2021
PRESS RELEASE
CBDT extends due dates for filing of Income Tax Returns and various reports of audit for Assessment Year 2021-22
On consideration of difficulties reported by the taxpayers and other stakeholders in filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22 under the Income-tax Act, 1961(the “Act”), Central Board of Direct Taxes (CBDT) has decided to further extend the due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22. The details are as under:
1. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31st July, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th September, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st December, 2021;
2. The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which is 30th September, 2021, as extended to 31st October, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 15th January, 2022;
3. The due date of furnishing Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2020-21, which is 31st October, 2021, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st January, 2022;
4. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st October, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 15th February, 2022;
5. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 30th November, 2021 under sub-section (1) of section 139 of the Act, as extended to 31st December, 2021 vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 28th February, 2022;
6. The due date of furnishing of belated/revised Return of Income for the Assessment Year 2021-22, which is 31st December, 2021 under sub-section (4)/sub-section (5) of section 139 of the Act, as extended to 31st January, 2022, vide Circular No.9/2021 dated 20.05.2021, is hereby further extended to 31st March, 2022;
It is also clarified that the extension of the dates as referred to in clauses (9), (12) and (13) of Circular No.9/2021 dated 20.05.2021 and in clauses (1), (4) and (5) above shall not apply to Explanation 1 to section 234A of the Act, in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of sub-section (1) of that section exceeds rupees one lakh. Further, in case of an individual resident in India referred to in sub-section (2) of section 207 of the Act, the tax paid by him under section 140A of the Act within the due date (without extension under Circular No.9/2021 dated 20.05.2021 and as above) provided in that Act, shall be deemed to be the advance tax.
CBDT Circular No.17/2021 in F.No.225/49/2021/ITA-II dated 09.09.2021 issued. The said Circular is available on www.incometaxindia.gov.in.
(Surabhi Ahluwalia)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT
Download Copy of Press Release dated 09.09.2021 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22 in pdf format
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