The CBDT has vide order under Section 119 of the Income-tax Act, 1961 dated 27th September 2019 extended the ‘due-date’ for filing income-tax returns and tax audit report for AY 2019-20 from 30th September, 2019 to 31st October, 2019. However, there is no extension of the due date for purpose of Explanation 1 to section 234A (interest for defaults in furnishing return) of the Act and the assessees remain liable for payment of interest as per section 234A of the Act.
CBDT issues order under section 119 of the Income-tax Act,1961 dated 27th September, 2019 pertaining to extension of due date for filing of ITRs & Tax Audit Reports for AY 2019-20 in respect of certain category of taxpayers.
Order is available on:https://t.co/sOqzT8Udqs pic.twitter.com/Lu3aV48OeV
— Income Tax India (@IncomeTaxIndia) September 27, 2019
F. No. 225/157/2019/ITA.II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North-Block, ITA-II Division
New Delhi , the 27 September, 2019
Order under Section 119 of the Income-tax Act, 1961
The ‘due-date’ for filing income-tax returns for Assessment-Year 2019-20 is 30.09.2019 for assessees covered under c1ause(a) of Explanation 2 to sub-section(l) of section 139 of the Income tax Act,1961 (‘Act’) . It has been represented that some of the taxpayers are facing difficulties in filing their reports of audit and income- tax returns due to various reasons including availability of limited time with tax professionals fo r completion of audits, floods in certain parts of the country etc.
2. On due consideration of representations from various stakeholders for extending the due date, being 30th September,2019, for filing of income-tax returns and various reports of audit pertaining to assessment year 2019-20 for assessees’ covered under clause (a) of Explanation 2 to section 139(1) of the Act read with relevant provisions of the Act and Income-tax Rules, the Central Board of Direct Taxes, in exercise of its powers conferred under section 119 of the Act, hereby extends the ‘due-date’, for filing income-tax returns as well as all reports of audit (which are required to be filed by the said specified due date), from 30th September, 2019 to 31st October, 2019.
However, there shall be no extension of the due date for purpose of Explanation 1 to section 234A (interest for defaults in furnishing return) of the Act and the assessee shall remain liable for payment of interest as per provisions of section 234A of the Act.
Under Secretary to the Government of India
Is it that the extension of due date meant only for granting the benefit of carry forward of losses?
How is it possible to have two separate due dates for the two sections i.e. 139(1) and 234A, when both of them are interdependent under the Act. The last para of the circular is clearly ultra vires the provisions of the Act. ?