CBDT vide Circular No. 19/2022 dated 30.09.2022 extends the due date for filing various reports of audit for the Assessment Year 2022-23 under various provisions of the Income-tax Act, 1961 (‘Act’) from 30th September, 2022 to 7th October, 2022 for certain categories of assessees.
The Board has stated that in consideration of difficulties faced by the taxpayers and other stakeholders in the electronic filing of various reports the time limit to furnish various tax audit reports under any provisions of the Act has been extended from 30.09.2022 to 07.10.2022.
This extension is granted by the Board in the exercise of the powers conferred to it under section 119 of the Act.
The Circular further states that the extension of the time limit for furnishing tax audit reports shall apply only in the case of assessees referred to in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act.
This clause (2) of Explanation 2 to section 139(1) covers the following assessees-
(i) a company; or
(ii) a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or
(iii) a partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force or the spouse of such partner if the provisions of section 5A apply to such spouse.
In other words, it covers those assessees whose due date for filing of return of income is prescribed as 31st October.
This extension shall apply inter alia to tax audit reports in Form 3cA-3CD, Form 3CB-3CD and Form 10B (applicable for Trusts or NGOs registered u/s 12A/12AB).
The due date to file the tax audit report is expiring on 30th September, 2022.
Finance Act, 2020 has prescribed the “Due Date to file a Tax Audit Report”. It is provided that the due date to furnish a tax audit report is one month prior to the due date of filing of return of income. Hence, the due date to file a tax audit report is linked with the ITR filing due date.
Clause (ii) of the Explanation to section 44AB defines the expression “specified date” as the due date for furnishing the return of income under section 139(1) to mean one month prior to the due date for furnishing the return of income under section 139(1).
A similar amendment is also carried on in section 92F to provide for a due date of filing of a tax audit report which is required to be obtained under section 92E. Prior to the amendment, the tax audit report was required to be filed on or before the due date specified in section 139(1) which is 30th November of the assessment year.
After the amendment by the Finance Act, 2020, the due date to furnish the tax audit report is preponed with the return filing due date under section 139(1) and it is provided that the tax audit report shall be furnished one month prior to the due date for furnishing the return of income under section 139(1). The provision is in the same line with section 44AB.
Similar amendments have been made in all the sections of the Act that mandate the filing of audit reports along with the return of income or by the due date of filing of return of income.
Read the full text of the CBDT Circular No. 19/2022 dated 30.09.2022 on Extension of Due Date for furnishing Tax Audit Reports
Circular No. 19/2022
F. No. 225/49/2021/ITA-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
*****
New Delhi, dated 30th September 2022
Subject: - Extension of timeline for filing of various reports of audit for the Assessment Year 2022-23– reg.
On consideration of difficulties faced by the taxpayers and other stakeholders in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in exercise of its powers under Section 119 of the Act, extends the due date of furnishing of report of audit under any provision of the Act for the Previous Year 2021- 22, which was 30th September 2022 in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act, to 07th October, 2022.
Sd/-
(Ravinder Maini)
Director to the Government of India
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