F.No.153\/53\/2014-TPL (Pt.I)<\/p>\n
GOVERNMENT OF INDIA<\/p>\n
MINISTRY OF FINANCE<\/p>\n
(DEPARTMENT OF REVENUE)<\/p>\n
(CENTRAL BOARD OF DIRECT TAXES)<\/p>\n
****<\/p>\n
North Block, TPL Division<\/p>\n
New Delhi, the 26th September,
\n2014<\/p>\n
Order under section 119 of the
\nIncome-tax Act, 1961<\/p>\n
Section 44AB of the Income-tax
\nAct, 1961 (\u201ethe Act?) read with rule 6G of the Income-tax Rules, 1962 (\u201ethe
\nRules?) requires certain persons to file tax audit report in Form No.3CA\/Form
\nNo.3CB along with prescribed particulars in Form No.3CD. Vide Notification No.
\n33\/2014 dated 25th July, 2014, the forms for filing tax audit report have been
\nrevised. As per section 44AB of the Act, the tax audit report has to be
\nobtained and furnished electronically by 30th November of the Assessment year
\nin case of an assessee who is required to furnish report under section 92E of
\nthe Act and 30th September of the Assessment year in case of other assessees.<\/p>\n
2. In view of the representations
\nreceived by the Central Board of Direct Taxes (\u201ethe Board?), the due date for
\nobtaining and furnishing of tax audit report under section 44AB of the Act for
\nassessment year 2014-15 in respect of assessees who are not required to furnish
\nreport under section 92E of the Act has been extended from 30th September, 2014
\nto 30th November, 2014 vide Order No.133\/24\/2014-TPL dated 20th August, 2014 in
\nexercise of power of the Board under section 119 of the Act. It has been further
\nclarified that the tax audit report filed during the period from 01.04.2014 to
\n24.07.2014 in the pre-revised forms shall be treated as valid tax audit report
\nunder section 44AB.<\/p>\n
3. After the extension of the due
\ndate for obtaining and furnishing of tax audit report under section 44AB of the
\nAct, a number of representations have been received in the Board requesting for
\nextension of due date for furnishing of return of income for the assessees who
\nare required to obtain and furnish tax audit report under section 44AB of the
\nAct and for whom the due date for furnishing return of income under section
\n139(1) of the Act is 30th September, 2014. Writ petitions have also been filed in
\nvarious High Courts for directing the Board to extend the due date for
\nfurnishing of return of income from 30th September, 2014 to 30th November, 2014
\nin conformity with the extension of the due date for filing of tax audit
\nreport. <\/p>\n
4. In the High Court of Delhi, a
\nwrit petition No.5990\/2014 has been filed on this issue. However, before the
\npronouncement of judgement, the petitioner withdrew the writ petition on 23rd
\nSeptember, 2014. The High Court of Madras passed interim order on 24.09.2014 in
\nwrit petitions No.25443 and 26306 to 26310 of 2014 and directed the Board to
\nconsider the request of the assessees in general and consider the extension of
\ntime for furnishing the return of income, in tune with the order passed by the
\nBoard in F. No.133\/24\/2014-TPL dated 20.08.2014. It has been reported that the High
\nCourt of Judicature at Hyderabad for the State of Telangana and the State of Andhra
\nPradesh disposed the writ petition No.28159 and 28627 of 2014 with a direction
\nto the Board to dispose of the representation of the petitioners. The High Court
\nof Bombay disposed of writ petition No.2492 of 2014 vide order dated 25.09.2014
\nand directed the Board to look into the practical difficulties of the petitioners
\nand take a just and proper decision in this matter.<\/p>\n
5. The Gujarat High Court allowed 6. In compliance to the judgement (i) is required to file his (a) of Explanation 2 to (ii) is also required to get his 7. There shall be no extension of
\nSpecial Civil Application No.12656 of 2014 with Special Civil Application
\nNo.12571 of 2014 and vide judgement dated 22.09.2014 directed the Board to
\nmodify the order under section 119 of the Act dated 20.08.2014 by extending the
\ndue date for furnishing the return of income to 30th<\/sup> November, 2014.
\nIt has also been further stated in the said order that it would be open for the
\nBoard to qualify such relaxation by extending the due date for all purposes,
\nexcept for the purpose of Explanation 1 to section 234A of the Act.<\/p>\n
\nof High Court of Gujarat and after considering
\nthe representations made for extension of due date for furnishing of
\nreturn of income in compliance with the directions of the other High Courts,
\nthe Board, in exercise of power conferred by section 119 of the Act, hereby
\nextends, subject to para 7 below, the `due-date? for furnishing return of
\nincome from 30th September, 2014 to 30th November, 2014 for the assessment year
\n2014-15 for all purposes of the Act, in case of an assessee, who,<\/p>\n
\nreturn of income by 30th September, 2014 as per clause<\/p>\n
\nsub-section (1) of section 139 of the Income-tax Act, 1961; and<\/p>\n
\naccounts audited under section 44AB of the Act or is a working partner of a
\nfirm whose accounts are required to be audited under section 44AB of the Act.<\/p>\n
\nthe \u201cdue date\u201d for the purposes of Explanation 1 to section 234A (Interest for
\ndefaults in furnishing return) of the Act and the assessees shall remain liable
\nfor payment of interest as per the provisions of section 234A of the Act.<\/p>\n