due date for tax audit in case of domestic transfer pricing

[ketanvyas1975]

What will be the due date for tax audit in a case where domestic transfer pricing is applicable?
I think it is 30th November. The reason is due date for return is now specified date u/s 44AB and therefore due date in this case being 30th November, the specified date for section 44AB will also be 30th November. However, some people are still expressing doubts in this regard. I request the members to give opinion on this. Thank you to all in advance.

[ddshah]

The correct view is that the due date defined in s.139 states that the assessee who are required to furnish report in s. 92E, the due date is 30.11.2013. Hence the due date for them is 30.11.2013.

But, there is a small issue that wherever the partners are also to file their returns, one may take a view that the partners have to file the return by 30.09.2013 even though the firm may have to file the return by 30.11.2013.

[sidd.sancheti]

Explanation 2 to section 139(1) clearly specifies the due date for filing return of income in case of persons who is required to furnish report under section 92E of the Income Tax Act, 1961 is 30th day of November of the assessment year.

Explanation 2 to section 139(1) reads as under:

"Explanation 2.—In this sub-section, "due date" means,—
(a)  where the assessee other than an assessee referred to in clause (aa)] is—
(i)  a company; or
(ii)  a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or
(iii)  a working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force,
the [30th day of September] of the assessment year;
[(aa) in the case of an assessee [who] is required to furnish a report referred to in section 92E, the 30th day of November of the assessment year;]
(b)  in the case of a person other than a company, referred to in the first proviso to this sub-section, the 31st day of October of the assessment year;
(c)  in the case of any other assessee, the 31st day of July of the assessment year."