DUE DATE EXTENSION FOR TAX AUDIT WITHOUT EXTENDING DUE DATE FOR ITR

A letter was sent by Bhartiya Kardata Sangh to the Chairman of Central Board Of Direct Taxes with a request to extend the Due Date for filing the Income-tax Returns in Audit Cases. We are reproducing here under, the contents of that letter in the public interest and for awareness of public as well as CBDT and Govt. of India. We request all such Associations of Taxpayers and Tax Consultants to send their representations to CBDT and Govt. of India on this subject :-

“SUBJECT : DUE DATE EXTENSION FOR TAX AUDIT WITHOUT EXTENDING DUE DATE FOR ITR – A SERIOUS PROBLEM, CONTROVERSY AND CONFUSION .

This year, government amended format of Form 3CD (Tax Audit Report) to be furnished u/s 44AB of the Income-tax Act, 1961 but these amendments were made very late almost in last week of July, 2014 which resulted in to late updation of various softwares and audit tools. Considering this abnormal delay, your high office (CBDT) extended ‘Due Date’ for filing the Audit Reports u/s 44AB till 30.11.2014.

For extension of this due date for obtaining and furnishing the Tax Audit Reports, an order No. F.No. 133/24/2014-TPL dated 20th August, 2014 u/s 119 was issued by the CBDT but it seems that this order for extension was issued half heatedly and it is actually meaningless in true sense. By this order, only due date u/s 44AB was extending without extending the due dates u/s 139(1) instead of extension of Due Dates u/s 139(1). It means that return of income of all Tax Audit Cases, will have to be filed u/s 139(1) on or before 30.09.2014 and such return will require information relating to audit reports too and therefore, it can be said that ITRs in such cases can’t be filed without and in absence of Audit Report u/s 44AB.

In one section of professional experts, it is being presumed that extension of due date of return filing in Auditable cases is impliedly extended by above said order but this presumption is incorrect and risky too. This presumption in any way does not help to partners of such firm which are subject to audit u/s 44AB as the partners and therefore, drafting of above said order u/s 119 with reference to only sec. 44AB, is not purposeful.

Therefore, we request your goodselves to extend the due date for filing ITR by Auditable cases u/s 44AB and for partners of such auditable firms specifically u/s 139(1) and accordingly, either above said order u/s 119 dated 20.08.2014 should be amended or new order should also be issued with specific reference to sec. 139(1) .”

Source : www.incometaxonline.co.in

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