No further extension in I-T filing due dates, holds Gujarat HC – Times of India


MUMBAI: The Gujarat high court declined to intervene and difficulty a ‘writ of mandamus’ to the Central Board of Direct Taxes (CBDT) for additional extending the deadlines to file the tax audit report and the Earnings-tax (I-T) returns as much as March 31.
The All Gujarat Federation of Tax Consultants had filed a writ petition with the excessive court docket searching for extension of the submitting due dates for the monetary 12 months ended March 31, 2020.
Ordering extension of the due dates could upset the whole functioning of the federal government and will result in undesirable outcomes, the excessive court docket acknowledged. Nonetheless, it added that the CBDT could contemplate issuing an applicable round taking a lenient view as regards the implications of late submitting of tax audit report – regarding penalties prescribed underneath part 271B of the I-T Act.
Consequent to submitting of the writ petition, the excessive court docket requested the CBDT to look into the matter. Following this, CBDT issued an in depth order on January 11 and acknowledged that within the backdrop of the pandemic, the federal government had been thoughtful and had prolonged the due dates infrequently.
For example, the due date for submitting the I-T returns for non-audit circumstances was prolonged thrice from the unique due date of July 31, 2020 to January 10, 2021. For taxpayers who’re required to get their accounts audited, the due date was prolonged from October 31, 2020 to now stand at February 15, 2021.
Tax audit reviews may now be filed by January 15, 2021 versus the unique due date of August 30, 2020. Backed by statistics, the CBDT additionally submitted that the variety of returns filed for the FY 2019-20 (5.95 crore as of Jan 10) already exceeded these filed within the earlier 12 months by round 6%.
The counsel for the Federation argued that “…The CBDT had very conveniently and consciously not addressed itself to the onerous actuality that the utilities for E-filing the tax audit reviews and I-T returns have been launched at a belated stage.”
For example, substantive amendments have been made within the type of the tax audit reviews on October 1 and the utilities have been launched solely on October 22.
This had created an entire state of disarray. Even when the 2 subsequent extensions are considered, then the overall time out there is just 85 days as an alternative of 183 days, the counsel identified.
Nonetheless, the excessive court docket held that CBDT will need to have taken its resolution to not lengthen the dates additional, after due deliberations.



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