Income Tax

Extension of due date for furnishing report u/s 286 (4) of Income-tax Act 1961 

Extension of the due date for furnishing of report u/s 286 (4) of the Income-tax Act 1961 by constituent entity.

Circular  No. 9/2018

F No 370142/17/2018 -TPL

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
****

New Delhi. Dated December 26, 2018

Order under section 119 of the Income-tax Act, 1961

Vide Notification in GSR 1217 (E) dated December 18, 2018 with effect from the date of its publication in the Official Gazette, i.e., December 18, 2018; amendments to the Income-tax Rules, 1962 (the Rules) have been carried out and sub-rule (4) of Rule 1ODB has been substituted; to provide that the period for furnishing of the report under sub-section (4) of section 286 of the Income-tax Act , 1961 (the Act) by the constituent entity referred to in that sub-section shall be twelve months from the end of the reporting accounting year. 

1.1 It has been further provided that in case the parent entity of the constituent entity is resident of a country or territory, where,there has been a systemic failure of the country or territory and the said failure has been intimated to such constituent entity, the period for submission of the report shall be six months from the end of the month in which said systemic failure has been intimated. 

2. Representations from the stakeholders have been received by the Central Board of Direct Taxes (the Board) in the It has been, inter alia, stated that the constituent entity of an international group, which is resident in India, having parent entity resident in jurisdictions with which India does not have an agreement providing for exchange of the report of the nature referred to in sub-section (2) of the Act and where the reporting accounting year is calendar year based, i.e., ending on December 31 of the year, would need to furnish the report under sub-section (4) of section 286 of the Act in India by December 31, 2018. 

2.1     It has also been represented that read with the amendment  to section 286 of the Act and the substituted sub-rule (4) of rule 1ODB of the Rules, the constituent entity in such case for reporting accounting year ending on March 31, 2017 would have been required to furnish the CbCR by March 31. 2018 which is not plausible.

3. In order to remove the genuine hardship in furnishing of the report under sub-section (4) of section 286 of the Act read with sub-rule (4) of rule 10DB of the Rules caused as above, and as a one-time measure, the Board, in exercise of powers conferred under section 119 of the Act , extend the period for furnishing of said report by the constituent entities referred to under clause (a) or (aa) of said sub-section , in respect of reporting accounting years ending upto February 28, 2018, to March 31.2019.

(Niraj Kumar)
Under Secretary to the Government of India

Copy to:

  1. PS/ OSD to FM/ PS/OSD to MoS(F)
  2. PS to Revenue Secretary
  3. Chairman and Members, CBDT
  4. All Joint Secretaries/ CsiT, CBDT
  5. Directors/ Deputy Secretaries/ Under Secretaries of CBDT
  6. DIT (RSP&PR)/Systems, New Delhi
  7. The C&AG of India (30 copies)
  8. The JS & Legal Adviser , Ministry of Law & Justice, New Delhi
  9. The Institute of Chartered Accountants of India
  10. CIT (M&TP) , Official Spokesperson of CBDT
  11. 0/o DGIT (Systems) for uploading on official website

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

7 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

3 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago