Extension!

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 dated 29^th Aug 2021, extends the due dates for electronic filling of such forms as under.

1. The application for registration or intimation or approval under Section 10(23C), 12A, 35(1i)/(iay(ii) or 80G of the Act in Fom No. 10A required to be filed on or before 30 June,2021, as extended to 31s August,2021 vide Circular No.12 of 2021 dated 25.06.2021, may be filed on or before 31 March,2022;
2. The application for registration or approval under Section 10(23C), 12A, or 80G of the Act in Form No.10AB, for which the last date for fling falls on or before 28h February,2022 may be filed on or before 31March, 2022;
3. The Equalization Levy Statement in Form No.1 for the Financial Year 2020- (3) 21, which was required to be filed on or before 30 June, 2021, as extended to 31st August, 2021 vide Circular No.15 of 2021 dated 03.08.2021, may be filed on or before 31st December, 2021;
4. The Quarterly statement in Form No. 15CC to be furnished by authorized (5) dealer in respect of remittances made for the quarter ending on 30 September, 2021, required to be furnished on or before 15 October, 2021 under Rule 37BB of the Rules, may be furnished on or before 31st December, 2021;
5. Uploading of the declarations received from recipients in From No. 15G/15H (6) during the quarter ending 30 June, 2021, which was originally required to be uploaded on or before 15 July,2021, and subsequently by 31 August,2021, as per Circular No.12 of 2021 dated 25.06.2021, may be uploaded on or before 30 November, 2021;
6. Uploading of the declarations received from recipients in Form No. 15G/15H during the quarter ending 30th September, 2021, which is required to be uploaded on or before 15th October,2021, may be uploaded on or before 31st December,2021:
7. Intimation to be made by Sovereign Wealth Fund in respect of investments made by it in India in Form lI SWF for the quarter ending on 30th June,2021, required to be made on or before 31st July,2021 as per Circular No.15 of 2020 dated 22.07.2020, as extended to 30th September, 2021 vide Circular No. 15 of 2021 dated 03.08.2021, may be made on or before 30th November, 2021;
8. Intimation to be made by Sovereign Wealth Fund in respect of investments made by it in India in Form lI SWF for the quarter ending on 30th September,2021, required to be made on or before 31 October, 2021 as per Circular No.15 of 2020 dated 22.07.2020, may be made on or before 31st December, 2021
9. Intimation to be made by a Pension Fund in respect of each investment (10) made by it in India in Form No. 108BB for the quarter ending on 30th June,2021, required to be made on or before 31 July, 2021 under Rule 2DB of the Rules, as extended to 30th September, 2021 vide Circular No. 15 of 2021 dated 03.08.2021, may be made on or before 30th November, 2021.
10. Intimation to be made by a Pension Fund in respect of each investment (11) made by it in India in Form No. 10BBB for the quarter ending on 30 September, 2021 required to be made on or before 31 October,2021 under Rule 2DB of the Rules, may be made on or before 31th December, 2021;
11. Intimation by a constituent entity, resident in India, of an international (12) group, the parent entity of which is not resident in India, for the purposes of sub section (1) of section 286 of the Act, in Form No.3CEAC, required to be made on or before 30h November,2021 under Rule 10DB of the Rules, may be made on or before 31th Dec, 2021;
12. Report by a parent entity or an alternate reporting entity or any other (13) constituent entity, resident in India, for the purposes of sub-section (2) or subsection (4) of section 286 of the Act, in Form No. 3CEAD, required to be furnished on or before 30h November,2021 under Rule 10DB of the Rules, may be furnished on or before 31st December,2021;
13. Intimation on behalf of an international group for the purposes of the (14) proviso to sub-section (4) of section 286 of the Act in Form No. 3CEAE, required to be made on or before 30th November,2021 under Rule 10DB of the Rules, may be made on or before 31st Dec,2021.

Important Judicial Precedents

1. ITAT: Rectification of post-search return by Revenue on completed assessment sans incriminating material-invalid. Ngenox Technologies Pvt. Ltd.[TS-821-ITAT-2021(DEL)]

Holds “Assessing Officer is not permitted to make changes in whatever determined in regular assessment proceeding on the basis of the return of income filed, in absence of any incriminating material”; ITAT holds Revenue’s action to deny the carry forward of loss on account of late filing of return u/s 153A as unjustified: ITAT DEL.

• Mallangouda Patil HUF vs. ITO – Karnataka HC – TS-792-HC-2021 – order dated 12-08-2021

Even if assessment is completed before 01.04.2021, since the Faceless Assessment scheme was notified on 12.09.2019, non-compliance of procedures of the said scheme would render assessment invalid.

• Vetrivel Miverals vs. ACIT – Madras HC – 129 taxmann.com 126 – order dated 03-08-2021.

Search & Seizure – Assessment order passed in violation of principles of natural justice and provisions of section 65B of Indian Evidence Act liable to quashed and matter remanded for de-novo assessment.

• Skyline Engineering Contracts (India) Ltd vs. DCIT – Delhi High Court – TS-793-HC-2021 – order dated 23-08-2021.

AO cannot recover demand in excess of 20% of total demand without recording reasons for the same as per office memorandum and same is liable to be refunded to the assessee.

• Kohinoor Indian Pvt. Ltd vs. ACIT – Amritsar ITAT – in ITA No. 234/Asr/2017 – order dated 16-08-2021.

Tribunal held that I-pad is not a substitution for computers/laptops which have various utilities or functions, though some functions are common in I-pad. It also held that in common parlance I-pad is considered as communication device with some additional feature of computer. It also noted that Apple store sells I-pad not as a computer but as a communication/ entertainment device. Ultimately, Tribunal held that I-pad is not a computer and hence depreciation at lower rate i.e. 15% would be available and not a higher depreciation at 60% as in the case of computer.

• HIGH COURT OF CHHATTISGARH AT BILASPURW.P.(T) No. 149 of 2021 Palak Khatuja, W/o. Shri Vinod Khatuja,  R/o. C/o Shri Nanak Ram Khatuja, Green Park Colony, Jarhabhata, P.S.Civil Lines, Bilaspur, Chhattisgarh Pin 495001.

Held that the pandemic and lock down prevailed all over India. The people could not file their return or comply with the various mandate of Income Tax Act. Considering such situation for the benefit of the assessee and to facilitate the individual to come out of woods the time limit framed under Income Tax Act was extended. Likewise certain right which was reserved in favour of the Income Tax Department was also preserved and was extended at parity. Consequently the provisions of Section 148 which was prevailing prior to the amendment of Finance Act, 2021 was also extended. Here in this case, the power to issue notice under Section 148 which was prior to the amendment was also saved and the time was extended. In a result, the notice issued on 30.06.2021(Annexure P-1) would also be saved. Therefore, no interference is required to be made in the said issuance of notice and accordingly the petitions are dismissed.