F.No.153/53/2014-TPL (Pt.I)
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF DIRECT
TAXES)
****
North
Block, TPL Division New Delhi, the 26th September, 2014
Order under section 119
of the Income-tax Act, 1961
Section 44AB of the Income-tax Act, 1961 („the Act‟) read
with rule 6G of the Income-tax Rules, 1962 („the Rules‟) requires certain
persons to file tax audit report in Form No.3CA/Form No.3CB along with
prescribed particulars in Form No.3CD. Vide Notification No. 33/2014 dated 25th July, 2014, the forms
for filing tax audit report have been revised. As per section 44AB of the Act, the
tax audit report has to be obtained and furnished electronically by 30th November of the
Assessment year in case of an assessee who is required to furnish report under
section 92E of the Act and 30th September of the Assessment year in case of other
assessees.
2.
In view of the representations received
by the Central Board of Direct Taxes („the Board‟), the due date for obtaining
and furnishing of tax audit report under section 44AB of the Act for assessment
year 2014-15 in respect of assessees who are
not required to furnish
report under section 92E of the Act has been extended from
30th
September, 2014 to 30th
November, 2014 vide Order No.133/24/2014-TPL dated 20th August, 2014 in
exercise of power of the Board under section 119 of the Act. It has been
further clarified that the tax audit report filed during the period from 01.04.2014
to 24.07.2014 in the pre-revised forms shall be treated as valid tax audit
report under section 44AB.
3.
After the extension of the due date for
obtaining and furnishing of tax audit report under section 44AB of the Act, a
number of representations have been received in the Board requesting for
extension of due date for furnishing of return of income for the assessees who
are required to obtain and furnish tax audit report under section
44AB of the Act and for whom the due date for furnishing
return of income under section 139(1) of the Act is 30th September, 2014. Writ
petitions have also been filed in various High Courts for directing the Board
to extend the due date for furnishing of return of income from 30th September, 2014 to 30th November, 2014 in
conformity with the extension of the due date for filing of tax audit report.
Page 1 of 3
4.
In the High Court of Delhi, a writ
petition No.5990/2014 has been filed on this
issue.
However, before the pronouncement of judgement, the petitioner withdrew the
writ petition on 23rd
September, 2014. The High Court of Madras passed interim order on 24.09.2014 in
writ petitions No.25443 and 26306 to 26310 of 2014 and directed the Board to
consider the request of the assessees in general and consider the extension of
time for furnishing the return of income, in tune with the order passed by the
Board in F. No.133/24/2014-TPL dated 20.08.2014. It has been reported that the
High Court of Judicature at Hyderabad for the State of Telangana and the State
of Andhra Pradesh disposed the writ petition No.28159 and 28627 of 2014 with a
direction to the Board to dispose of the representation of the petitioners. The
High Court of Bombay disposed of writ petition No.2492 of 2014 vide order dated
25.09.2014 and directed the Board to look into the practical difficulties of
the petitioners and take a just and proper decision in this matter.
5.
The Gujarat High Court allowed Special
Civil Application No.12656 of 2014 with Special Civil Application No.12571 of 2014
and vide judgement dated
22.09.2014
directed the Board to modify the order under section 119 of the Act dated 20.08.2014
by extending the due date for furnishing the return of income to 30th
November, 2014. It has also been further stated in the said order that it would
be open for the Board to qualify such relaxation by extending the due date for
all purposes, except for the purpose of Explanation 1 to section 234A of the
Act.
6.
In compliance to the judgement of High
Court of Gujarat and after considering the representations made for extension
of due date for furnishing of return of income in compliance with the
directions of the other High Courts, the Board, in exercise of power conferred by section 119
of the Act, hereby extends, subject to para 7 below,
the `due-date‟ for furnishing return of income from 30th
September, 2014 to 30th November, 2014 for the assessment year 2014-15 for all
purposes of the Act, in case of an assessee, who,
(i)
is required to file his return of income
by 30th September, 2014 as per clause
(a) of Explanation 2 to sub-section (1) of section 139 of the Income-tax
Act, 1961; and
(ii)
is also required to get his accounts
audited under section 44AB of the Act or is a working partner of a firm whose
accounts are required to be audited under section 44AB of the Act.
7. There
shall be no extension of the “due date” for the purposes of Explanation
1 to section 234A (Interest for defaults in furnishing
return) of the Act and the assessees shall remain liable for payment of
interest as per the provisions of section 234A of the Act.
Page 2 of 3
8. For removal of doubt, it is clarified that for an
assessee (other than working partner of a firm which is required to obtain and
furnish tax audit report), who is required to file its return of income by 30th September, 2014 but
not required to obtain and furnish tax audit report under section 44AB, the due
date for furnishing of return of income for assessment year 2014-15 remains as 30th September, 2014.
(Rajesh
Kumar Bhoot) Director (TPL)
Copy to:-
(i)
The Chairman (CBDT), All Members, Central
Board of Direct Taxes for information.
(ii)
All Cadre Controlling Pr. Chief
Commissioners of Income-tax with a request to circulate amongst all officers in
their regions/charges.
(iii)
The Pr. Director General of Income Tax (Admn.)
Mayur Bhawan, New Delhi.
(iv)
The Director General of Income Tax (Systems)
with a request for uploading it on the Departmental website.
(v)
Commissioner of Income Tax (M&TP), CBDT.
(Rajesh Kumar Bhoot)
Director
(TPL)
No comments: