Due Dates For Compliances Under Various Provisions Of Income Tax Act As Extended On Account Of Covid-19

The disruption caused by Covid-19 has compelled the Government to extend from time to time the due dates for various compliances. Advocate V. P. Gupta has methodically set out in a tabular format all the extended due dates. This will help avoid confusion and prevent unintended breaches of the law by taxpayers. The ld. author has also identified a few important issues which need the attention of CBDT and suggested the action required to be taken by it

On account of COVID-19 there was complete lockdown w.e.f. 25.03.2020 and all the offices etc. could not work. Therefore, an Ordinance dated 31.03.2020 called “The Taxation and Other Laws (Relaxation of Certain Provision) Ordinance, 2020” was promulgated providing that any action or compliance, due date for which was falling between 20.03.2020 to 29.06.2020, shall be extended to 30.06.2020 or any other date as may be further extended by the Central Government by way of notification. Thereafter, a notification dated 24.06.2020 was issued by the government further extending time limit for certain compliances under the Income Tax Act.A notification dated 29.07.2020 was also issued subsequently by the Central Government further extending time limit for filing return of income for A.Y.2019-20. In order to validate the Ordinance and above refereed notifications, a Bill called “The Taxation and Other Laws (Relaxation of Certain Provision) Bill, 2020” was introduced in the Parliament. The aforesaid Bill was duly passed by the Parliament and on receiving assent of the President of India on 29.09.2020 it became the Act. Thereafter, notification dated 30.09.2020 has also been issued by the Government further extending time limit for filing return of income of A.Y.2019-20.

As per above referred Ordinance / notifications and the validation Act, as a general rule all the due dates, which are falling during the period 20.03.2020 to 31.12.2020, have been extended to 31.03.2021. In respect of certain compliances extended due date, however, has been restricted to a date prior to 31.03.2021 as has been specifically provided in Validation Act. Now, the extended due dates for respective compliances under various provisions of IT Act are as under: –

Sl. No.

Compliance / Action

Due date as per Act

Extended date

Remarks

1.

Filing of IT Return:

– For A.Y.2019-20

 

 

 

– For A.Y.2020-21:

  • Individuals / non audit cases
  • Audit cases
  • Companies
  • TP cases

 

31.03.2020

 

 

 

31.07.2020

31.10.2020
31.10.2020
30.11.2020

 

30.11.2020

 

 

 

30.11.2020

30.11.2020
30.11.2020
No extension

 

Date was extended vide Ordinance dated 31.03.2020 to 30.06.2020. Vide notification dated 24.06.2020 it was extended till 31.07.2020. Subsequently, it was further extended to 30.09.2020. Now, it has further been extended to 30.11.2020 vide order of CBDT dated 29.09.2020.

Due dates for all the categories of assesses was extended till 30.11.2020 vide notification dated 24.06.2020.

Interest u/s 234A, however, is payable for the extend period in case tax payable as per return is more than Rs.1 lac.

Interest u/s 234B will be also payable on the amount of short fall in payment of advance tax from 01.04.2020 to date of payment of tax.

2.

Furnishing of Reports:

  • Tax Audit Report u/s 44AB
  • TP Report u/s 92E
  • Report under other provisions like, 12A(b), 10(23C), 80I, 80IA, 80IB, 80IC, 80JJAA, 115JB, etc.

 

 

 

30.09.2020

 

31.10.2020

 

30.09.2020

 

 

31.10.2020

 

No extension

31.10.2020

 

 

Audit reports under various provisions of Income Tax Act are required to be filed one month prior to the due date for filing return of income in case of the respective assesses. Vide notification dated 24.06.2020 due date for filing audit reports in the cases of all the assesses under all the provisions of IT Act was extended to 31.10.2020.

3.

Deposit of TDS / TCS for the month of:

  • March, 2020
  • April, 2020
  • May, 2020
  • June, 2020 onwards

 

 

07.04.2020
07.05.2020
07.06.2020

7th of the following month

 

 

30.06.2020
30.06.2020
30.06.2020

No extension

Due date for payment of TDS / TCS for the months March to May was extended upto 30.06.2020. Interest for the period of delay from the due date to the date of actual payment was, however, to be paid @ 0.75% per month.
TDS/ TCS for the month of June, 2020 onwards was / is to be deposited by the 7th of the following month. Interest at the normal rate of 1% per month is payable for the delay apart from applicability of provisions relating to penalty and prosecution.

4.

Filing of TDS and TCS Returns for the quarter ended:

  • 31.03.2020
  • 30.06.2020
  • 30.09.2020

 

  • 31.12.2020
  •  
  • 31.03.2021

 

 

 

31.05.2020
31.07.2020
31.10.2020

 

31.01.2021

30.05.2021

 

 

31.07.2020
31.03.2021
31.03.2021

 

No extension
No extension

 

Due date for filing TDS / TCS returns for quarter / year ended 31.03.2020 was extended till 31.07.2020 and for quarter ended 30.06.2020 and 30.09.2020 due date is extended till 31.03.2021 vide notification dated 24.06.2020 and the validation Act.
There is no extension for filing returns for the quarter ended 31.12.2020 onwards.

5.

Furnishing of TDS/TCS Certificates for quarter / year ended:

  • 31.03.2020

 

  • 30.06.2020
  • 30.09.2020

 

 

 

  • 31.12.2020

 

  • 31.03.2021

 

 

 

15.06.2020

 

15.08.2020
15.11.2020

 

 

15.02.2021

 

15.06.2021

 

 

 

15.08.2020

 

15.04.2021
15.04.2021

 

 

No extension

No extension

 

 

 

Due date for issuing TDS / TCS certificates for quarter / year ended 31.03.2020 was extended till 15.08.2020.
TDS / TCS certificates  for quarter ended 30.06.2020 and 30.09.2020 can be issued by15.04.2021 since due date for filing returns for these quarters is 31.03.2021 in terms of  notification dated 24.06.2020 and the validation Act.
There is no extension for filing returns and issuing certificates for the quarter ended 31.12.2020 onwards and accordingly, certificates have to be issued within 15 days from due date of filing return for the respective quarter.

6.

Investment for claiming exemption of capital gain:

  • Exemption u/s  54, 54B, 54D, 54F, 54G, 54GA and 54GB for capital gain earned upto A.Y.2019-2020

 

 

 

20.03.2020 to 29.09.2020

 

 

30.09.2020

 

In order to claim exemption from capital gain an assessee is required to purchase / construct residential house or agricultural land or assets for shifting of industrial undertaking within the time limit provided in the relevant section. In the cases, where time limit was expiring between 20.03.2020 to 29.09.2020, investment could be made upto 30.09.2020.

7.

Investment in specified bonds:

  • Section 54EC

 

 

20.03.2020 to 29.09.2020

 

 

30.09.2020

 

An assessee can make investment for claiming exemption from long term capital gain on transfer of land or building in specified bonds within a period of 6 months from the date of transfer. In the cases where period of 6 months was expiring between 20.03.2020 to 29.09.2020, investment could be made upto30.09.2020.

8.

Deposit in Capital Gain Account:

AY 2020-21

  • Individuals
  • Audit cases
  • Companies
  • TP cases

 

 

31.07.2020
31.10.2020
31.10.2020
30.11.2020

 

 

30.11.2020
30.11.2020
30.11.2020
No extension

 

In case capital gain / sale consideration, as the case may be,is not utilized for acquiring new asset before due date of filing the return of income, same is to be deposited in Capital Gain Account. Since the due date for filing return of income in all the cases has been extended to 30.11.2020 amount can be deposited till that date.

9.

Investments / payments made for claiming deduction

  • U/s 80C (LIC, PPF, NSC etc.)
  • 80D (Mediclaim)
  • 80G (Donations)

 

 

 

31.03.2020

31.03.2020
31.03.2020

 

 

31.07.2020

31.07.2020
31.07.2020

 

In order to claim deduction in return for A.Y.2020-21 deposits / Investments / payments had to be made by 31.03.2020. As a matter of relaxation, it has been provided that deposits / payments made till 31.07.2020 can be considered for claiming deduction in the aforesaid return, which is to be filed by 30.11.2020.

10.

Assessment under section 143(3) /144:

  • A.Y.2018-19

 

 

  • A.Y.2019-20

 

 

30.09.2020

 

31.03.2021

 

 

31.03.2021

 

No extension

 

Assessment for A.Y.2018-19 as per Act was due for completion by 30.09.2020. Now date has been extended till 31.03.2021.

Though there is no extension in date for completion of assessment till now, but same needs to be extended as notice u/s 143(2) of the Act in respect of returns filed before 31.03.2020 can be issued by 31.03.2021 and assessment can be made only thereafter.

11.

Passing of the draft order in the TP cases for:

  • A.Y.2017-18

 

 

31.12.2020

 

 

31.03.2021

 

In the cases where addition is proposed, draft order of assessment can be issued upto 31.03.2021. In other cases assessment order is to be passed by 31.03.2021

12.

Passing of order by DRP u/s 144C for:

  • A.Y.2016-17

 

 

30.09.2020

 

 

31.03.2021

 

Time limit for issuing directions by DRP in respect of draft orders for A.Y.2016-17, for which objections would have been filed in January, 2020, has been extended upto31.03.2021. Assessment order as per directions of DRP is to be passed by AO by 30.04.2021 i.e. within one month after receiving directions.

13.

Issue of Notice u/s 143(2) for:-

A.Y.2019-20:

  • Return filed before 31.03.2020
  • Return filed after 31.03.2020

 

 

 

 

 

A.Y.2020-21

 

 

 

30.09.2020

 

30.09.2021

 

 

 

 

 

30.09.2021

 

 

31.03.2021

 

No extension

 

 

 

 

 

No extension

 

Time limit of 6 months from end of thefinancial year in respect of returns filed upto 31.03.2020 has been extended upto 31.03.2021.

Time limit for issuing notices in respect of returns filed within the extended period i.e. upto 30.11.2020 will be30.09.2021.

In view of extended time limit for issuing notices, time limit for completion of assessment for A.Y.2019-20, which is, 31.03.2021 needs to be extended beyond 30.09.2021.

Assessment is to be completed by 31.03.2022

 

14.

Issue of Notice u/s148:

  • A.Y.2013-14 (within six year)
  • A.Y.2015-16 (within four year)

 

 

 

31.03.2020

31.03.2020

 

 

31.03.2021

31.03.2021

 

Notice for re-assessment is to be issued within 4 or 6 years from end of relevant assessment year depending on certain conditions.  In respect of A.Yrs.2013-14 and 2015-16, wherelimit was up to 31.03.2020, stands extended to 31.03.2021.

15.

Filing of Appeals before CIT(A) :

  • Orders received till 18.02.2020

 

 

  • Orders received between 19.02.2020 to 01.12.2020

 

 

 

30 days from receipt of order i.e. before
19.03.2020

20.03.2020
to
31.12.2020

 

 

No extension

 

 

31.03.2021

 

In these cases time limit had expired before 20.03.2020 and therefore, appeals would have been filed before the aforesaid date. Hence, there was no relaxation in these cases.

 

In the cases, where time limit for filing appeal of 30 daysfrom receipt of order of assessment / penalty / rectification is expiring between 20.03.2020 to 31.12.2020, appeal before CIT(A) can be filed till 31.03.2021. It is however, advisable to file the same at the earliest, as appeal is to be filed on-line.

16.

Filing of appeals before ITAT:

  • Orders received till 19.01.2020

 

 

  • Order received between 20.01.2020 to 01.11.2020

 

60 days from receipt of order i.e. before
19.03.2020

20.03.2020
to
31.12.2020

 

No
extension

 

 

31.03.2021

 

In these cases time limit had expired before 20.03.2020 and therefore, appeals would have been filed before the aforesaid date. Hence, there was no relaxation in these cases.

In the cases, where time limit for filing appeal of 60 days from receipt of order of CIT(A)/CIT/DRP is expiring between 20.03.2020 to 31.12.2020, appeal before ITAT can be filed till 31.03.2021. It is however, advisable to file the same at the earliest.

17.

Filing of appeals before High Court:

  • Order of ITAT received till 20.11.2019

 

  • Order of ITAT received between 21.11.2019 to 02.09.2020

 

 

120 days from receipt of order i.e. before
19.03.2020

20.03.2020
to
31.12.2020

 

 

No extension

 

 

31.03.2021

 

In these cases time limit had expired before 20.03.2020 and therefore, appeals would have been filed before the aforesaid date. Hence, there was no relaxation in these cases.

In the cases, where time limit for filing appeal of 120 days from receipt of order ofITAT is expiring between 20.03.2020 to 31.12.2020, appeal before High Court can be filed till 31.03.2021. It is however, advisable to file the same at the earliest.

18.

Revision of order by CIT:

  • u/s 263 i.e. orders passed during FY 2017-18.

 

 

 

31.03.2020

 

 

31.03.2021

 

Time limit of two years from end of financial year for revision of order passed by AO during F.Y.2017-18 was expiring on 31.03.2020 and same has extended till 31.03.2021.

19.

Filing of application for rectification:

  • u/s 154 of the Actfor orders passedby AO and CIT(A) during F.Y.2015-16.

 

  • u/s 254(2) of the Act before ITAT

 

 

31.03.2020
            

 

 

Period of 6 month falling between 20.03.2020 to 31.12.2020

 

 

31.03.2021

 

 

 

31.03.2021

 

Time limit of four years from end of financial year for rectification of orders passed by AO / CIT(A) during F.Y.2015-16 was expiring on 31.03.2020 and same has extended till 31.03.2021.

 

In the cases, where time limit of 6 months from end of the month in which order is passed by ITAT for rectification of order,is falling between 20.02.2020 to 31.12.2020, same stands extended to 31.03.2021.

20.

Any other due date under the Act

20.03.2020 to 31.12.2020

31.03.2021

As per the notifications and validation Act all the due dates falling between the period 20.03.2020 to 31.12.2020 stand extended to 31.03.2021. Accordingly, any other compliance under the Act either by the Assessee or by the Department can be made till 31.03.2021

21.

Vivad Se Vishwas Scheme:

  • Payment of disputed tax without additional amount.
  • Payment of disputed tax with additional amount.

 

 

 

31.03.2020

 

After 31.03.2020

 

 

31.12.2020

 

After 31.12.2020

 

As per the scheme an assessee had to pay amount without additional amount upto 31.03.2020 and thereafter assessee had to pay the amount with additional amount. Date of 31.03.2020 has been substituted with 31.12.2020 vide Validation Act. Accordingly, an assessee can pay the amount under the Scheme without additional amount upto 31.12.2020.
 

Suggestion for CBDT

The Government (CBDT) has been quite considerate in taking cognizance of the position arising out of Covid-19. Necessary notifications have been issued well before time extending the time lines for compliances. Same have provided great relief to assesses and tax practitioners. There are however, following issues which need further attention of CBDT and necessary action in respect thereof: –

  1. As per extended dates all audit reports, including tax audit report, are required to be filed by 31.10.2020 and returns of income are to be filed by 30.11.2020. Till now Covid position has not improved satisfactorily. Offices of assesses and of Chartered Accountants are not working regularly and to their full capacity. Therefore, it is not possible to prepare, finalise and file tax audit and other audit reports before 31.12.2020. Hence, it is necessary and desirable that due date for filing all audit report should be extended by 3 months i.e. till 31.01.2021. It may also be stated in this regard that vide Circular No.28/2020 dated 17.08.2020 Ministry of Corporate Affairs has clarified that concerned Registrar of Companies will grant extension upto 3 months i.e. upto 31.12.2020 for holding annual general meetings for approval of accounts for the year ended 31.03.2020. In case accounts are  approved by 31.12.2020 it is not possible to file Tax Audit Report by 31.10.2020. Hence, extension upto 31.01.2021 is justified.
  2. Due date for filing return of income in the cases of all the assesses should be extended to 31.03.2021.
  3. Due date for completing the assessment by the department for A.Y.2019-20 at present, as per the law is 31.03.2021. There is no extension till date in this regard. Due date for issuing notices u/s 143(2) of the Act stands extended up to 31.03.2021 in respect of returns filed by 31.03.2020 and up to 30.09.2021 in respect of returns being filed during the current financial year. Therefore, due date for passing the assessment order needs to be extended till 31.03.2022.
  4. As per Vivad se Vishwas Scheme Designated Authority can issue the certificate determining the amount payable within 15 days from receipt of declaration filed by the assessee. As per Validation Act all due dates for compliance by the Authorities falling between 20.03.2020 to 31.12.2020 stands extended to 31.12.2020. Accordingly, Designated Authority can issue certificate in respect of all the applications received up to 16.12.2020 till 31.12.2020. In case certificate is issued by the DA on 31.12.2020, the assessee will not be able to make payment of amount without additional amount before 31.12.2020. Hence, date for making payment by the assessee without additional amount needs to be extended by 15.01.2021, allowing the assessee time of 15 days from receipt of the certificate issued by the Commissioner. Date till when the Scheme will remain in force also needs to be notified. It should be specified till when the assessee can file the declaration. Last date till when the payment can be made under the scheme should also be specified.
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5 comments on “Due Dates For Compliances Under Various Provisions Of Income Tax Act As Extended On Account Of Covid-19
  1. CA GAUTAM D SHAH says:

    DEAR SIR
    AN EXHAUST INFORMATIVE ARTICLE TAKING LOT EFFORT
    THANKS AND CONGRATS
    IT IS TRUE THAT DATES SHOULD BE EXTENDED FOR ITR AND TAX AUDIT FOR THE SAKE OF TAX PAYERS AND PROFESSIONALS
    AS SOON AS POSSIBLE
    WHY SO GOOD AND HELPFUL FM AND PM TAKING TIME
    ANYWAYS THANKS AGAIN

  2. CA GAUTAM D SHAH says:

    DEAR SIR
    AN EXHAUST INFORMATIVE ARTICLE TAKING LOT EFFORT
    THANKS AND CONGRATS
    IT IS TRUE THAT DATES SHOULD BE EXTENDED FOR ITR AND TAX AUDIT FOR THE SAKE OF TAX PAYERS AND PROFESSIONALS
    AS SOON AS POSSIBLE
    WHY SO GOOD AND HELPFUL FM AND PM T THANKS AGAINEAM TAKING TIME
    ANYWAYS

  3. CA Rajendra Muley says:

    Very elaborate and useful article/table.
    Suggestions are perfect and practical.
    Thanks a lot for the same.

  4. PRAVIN KUMBHAT says:

    correct sir the due date should be extended at least three to four months due to COVID19

  5. PRAVIN KUMBHAT says:

    CORRECT SIR

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