On consideration of difficulties reported by the taxpayers and other stakeholders in electronic filing of certain Forms under the provisions of the Income-tax Act, 1961 read with Income-tax Rules, 1962 (Rules), Central Board of Direct Taxes (CBDT), in exercise of its powers under section 119 of the Act, extends the due dates for electronic filling of such forms as under.
- 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;
- 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;
- 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;
- 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;
- 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;
- 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 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.
- 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.
- The due date for completion of penalty proceedings under the Act has also been extended from 30th September, 2021 to 31st March, 2022.
- 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.
Important Judicial Precedents
- High Court Of Bombay-Chander Arjandas Manwani V. National Faceless Assessment Centre.[2021] 130 taxmann.com 445-Faceless Assessment Scheme, 2019 provides that where a modification is proposed in assessment order, National e-Assessment Centre shall provide an opportunity to assessee by serving a notice calling upon him to show cause as to why assessment should not be completed as per draft assessment order, hence, where assessee’s request for personal hearing had been ignored and mandatory draft assessment order had not been issued to assessee, thus, impugned order having been passed without following requirements of Faceless Assessment Scheme, 2019 being non est was to be quashed and set aside
- High Court Of Bombay –Zeus Housing Company V. Union of India.[2021] 130 taxmann.com 360(Bombay)-Where lower authorities had passed assessment order and issued demand notice under section 156, alleging that assessee failed to provide any documentary evidence or even respond to show cause notice issued to it but print out of e-proceedings response acknowledgement from Income Tax Department shows that reply to show cause notice alongwith various annexures have been submitted by assessee, since authorities had not considered reply filed by assessee before passing assessment order, assessment order and demand notice under section 156 was to be quashed and set aside.
- Allahabad HC- quashes the reassessment notices issued after Mar 31, 2021 under the old regime of reassessment, thus, allows Assessees’ writ petitions challenging the reassessment proceedings initiated pursuant to CBDT Notifications issued for extending the time-limit for issuing notices u/s 148; Rejects Revenue’s submission that a practical approach needs to be adopted since the time-limits were extended in the wake of COVID-19 pandemic; Disagrees from the view taken by Chhattisgarh HC, leaves it open to the Revenue for issuing fresh notices under the new regime.