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.
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.
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)
