CBDT denies any further extension in due dates for filing ITRs/Audit Reports

CBDT denies any further extension in due dates for filing ITRs/Audit Reports

CBDT passes order u/s 119 of Income-tax Act,1961 in F No. 370153/39/2020-TPL dt 11th January, 2021, disposing off the representations for extension of due date for filing of Audit Report u/s 44AB, in compliance with the order of hon’ble Gujarat High Court dt 8th January, 2021 given in the Writ Petition was filed by All Gujarat Federation of Tax Consultants (AGFTC)

According to detailed order passed by CBDT, the Government has not  only considered representations of various stakeholders but also has been proactive in providing relaxation to the taxpayers by extending due dates regularly.

Relying on the statistics, the CBDT has stated that that majority of the audit reports under section 44AB of the Act as well as income tax returns are filed within the last few days of the dates only. For A.Y. 2019-20 it is seen that 24% of total audit reports were filed in last 3 days before the due date. Therefore, lesser filing compliances having been made much before the due date cannot be said to be an anomalous situation.

Also, it has been stated that the Government of India has been very empathetic to the needs of the taxpayers as compared various other countries. It is apparent from the table no other country has extended the due dates  as much  as India.  Even  countries which are comparatively worse hit by COVID-19, like the USA, UK etc., have provided no or lesser extensions in due dates.

According to CBDT Any further extension would adversely affect the return filing discipline and shall also cause injustice to those who have taken pains to file the return before the due date. It would also postpone the collection of revenue thereby hampering the efforts of the Government to provide relief to the poor during these COVID times.

Regarding the cut off date for compliances, the CBDT has also relied upon several judgments of the Supreme Court holding that that fixing cut-off dates is within the domain of the executive authority and the court should not normally interfere with the fzxation of cut-off date by the executive authority unless such order appears to be on the face of it blatantly discriminatory and arbitrary.

Accordingly, CBDT has rejected all the representations for further extension of the due date.

Download CBDT Order u/s 119 Click Here >> 

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