BULLETIN(Issue No.134)DT.25-09-2021
Compiled by Vinod Kumar Goel, Advocate
CIRCULARS/NOFICIATIONS
CBDT EXTENDS DUE DATES FOR FILING OF INCOME TAX RETURNS AND VARIOUS REPORTS OF AUDIT FOR ASSESSMENT YEAR 2021-22
PRESS RELEASE, DATED 9-9-2021
On consideration of difficulties reported by the taxpayers and other stakeholders in filing of Income-tax Returns and various reports of audit for the Assessment Year 2021-22 under the Income-tax Act, 1961(the "Act"), Central Board of Direct Taxes (CBDT) has decided to further extend the due dates for filing of Income-tax Returns and various reports of audit for the Assessment Year 2021-22. The details are as under:
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The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31st July, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th September, 2021 vide Circular No.9/2021 dated 20-5-2021, is hereby further extended to 31st December, 2021; |
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The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which is 30th September, 2021, as extended to 31st October, 2021 vide Circular No.9/2021 dated 20-5-2021, is hereby further extended to 15th January, 2022; |
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The due date of furnishing Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2020-21, which is 31st October, 2021, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20-5-2021, is hereby further extended to 31st January, 2022; |
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The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st October, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th November, 2021 vide Circular No.9/2021 dated 20-5-2021, is hereby further extended to 15th February, 2022; |
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The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 30th November, 2021 under sub-section (1) of section 139 of the Act, as extended to 31st December, 2021 vide Circular No.9/2021 dated 20-5-2021, is hereby further extended to 28th February, 2022; |
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The due date of furnishing of belated/revised Return of Income for the Assessment Year 2021-22, which is 31st December, 2021 under sub-section (4)/sub-section (5) of section 139 of the Act, as extended to 31st January, 2022, vide Circular No.9/2021 dated 20-5-2021, is hereby further extended to 31st March, 2022; |
It is also clarified that the extension of the dates as referred to in clauses (9), (12) and (13) of Circular No.9/2021 dated 20-5-2021 and in clauses (1), (4) and (5) above shall not apply to Explanation 1 to section 234A of the Act, in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of sub-section (1) of that section exceeds rupees one lakh. Further, in case of an individual resident in India referred to in sub-section (2) of section 207 of the Act, the tax paid by him under section 140A of the Act within the due date (without extension under Circular No.9/2021 dated 20-5-2021 and as above) provided in that Act, shall be deemed to be the advance tax.
CBDT Circular No.17/2021 in F.No.225/49/2021/ITA-II dated 9-9-2021 issued. The said Circular is available on www.incometaxindia.gov.in.
EXTENSION OF PAN AND ADHAAR LINKING DATE
The last date to link Aadhaar with PAN has been extended by the government. The last date for linking Aadhaar with PAN will now be March 31, 2022. Earlier, the last date to link PAN card with Aadhaar card was September 30, 2021. There has been an extension of 6 months granted for PAN-Aadhaar linking.
Keeping in view the difficulties faced by taxpayers, the Central Government had earlier also issued a notification regarding extention of the last date for the intimation of Aadhaar number and linking thereof with PAN to September 30, 2021 which now has been extended till end March 31, 2022.
CASE LAWS
Cooperative Rabobank UA Vs. Commissioner of Income Tax (International Taxation), Mumbai-2 [2021] 130 taxmann.com 10 (Bombay)
Direct Tax Vivad Se Vishwas Act does not authorise recovery of interest paid earlier by Department under section 244A of IT Act by adding same to amount of disputed tax.
Shirmoni Gurdwara Parbandhak Committee Vs. Commissioner of Income Tax [2021] 129 taxmann.com 214 (Amritsar – Trib.)
Where assessee, a statutory body created under Sikh Gurudwara Act, 1925 was enacted for administration of Sikh Gurudwaras was also engaged in numerous charitable activities like running School, colleges, Medical colleges, Hospitals, Library, Sarai, Lunger, flood relief camps etc., for benefit of all communities/religions, activities of assessee could not be termed as being done only for benefit of particular community/religion, hence, assessee would be entitled to benefit under section 80G(5)(ii).
Krishna Gopal Tiwary Vs. Union of India [2021] 129 taxmann.com 168 (SC)
Payment of Gratuity Act was amended by Central Act No. 15 of 2010 which received assent of President on 17-5-2010. In terms of sub-section (2) of section 1 of Amending Act, a Notification was issued by Government of India on 24-5-2010 appointing said date as date on which Amending Act came into force.
M.M. Aqua Technologies Ltd. Vs. Commissioner of Income Tax, Delhi-III [2021] 129 taxmann.com 145 (SC)
Assessee, claimed deduction under section 43B based on issue of debentures in lieu of interest accrued and payable to financial institutions which was disallowed by Assessing Officer but allowed by Commissioner (Appeals) and said order was confirmed by Tribunal. High Court based on Explanation 3C to section 43B disallowed deduction under section 43B and held that to claim deduction under section 43B, actual payment is essential and any interest which had been converted into loan or borrowing could not be deemed to have been actually paid.
Commissioner of Income Tax (TDS) Vs. Intas Pharmaceuticals Ltd. [2021] 129 taxmann.com 347 (Gujarat)
Where assessee pharmaceuticals company incurred expenses for providing services such as taxi services, booking of air-tickets, cost of souvenir, etc. for conferences of doctors, in view of facts that these doctors were not bound to prescribe medicines as suggested by assessee and, therefore, there existed no agency relationship between assessee and doctors, said expenses incurred by assessee for doctors could not be treated as "commission" liable for deducting tax at source under section 194H.
Vetrivel Minerals Vs. Assistant Commissioner of Income Tax, Central Circle-2, Madurai [2021] 129 taxmann.com 126 (Madras)
Where assessment orders passed in case of assessee under section 153A, pursuant to search operation were passed in gross violation of principles of natural justice as revenue had not given all panchnamas to assessees, copies of all materials seized which were used for framing assessment had not been supplied to assessee, no opportunity for cross examination had been provided and section 65B of Evidence Act had not been complied with before admitting electronic evidence, matter was to remanded back to Assessing Officer for adjudication afresh.
Piramal Enterprises Limited Vs. Addl/Jt./Dy./Assistant Commissioner of Income Tax/Income Tax Officer, Delhi [2021] 129 taxmann.com 18 (Bombay)
'Faceless Assessment' commences vide its sub-section (1) with a non-obstante clause and compulsively requires assessment under sections 143(3) and 144 shall be by prescribed procedure contained in sub-section (1) of section 144B in cases referred to in sub-section (2) thereof. Faceless assessment not made in accordance with procedure laid down under section 144B would be non est.
Further, as per provisions of section 144B, when hearing has been envisioned and incorporated, it is imperative to observe principles of natural justice as stipulated.
Tata Communications Transformation Services Ltd. Vs. Assistant Commissioner of Income Tax, 14(1)(2), Mumbai [2021] 128 taxmann.com 247 (Bombay)
Section 148, read with section 149, of the Income-tax Act, 1961 and section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 - Income escaping assessment - Issue of notice for (TLA Act, 2020) - Assessee challenged constitutional validity of section 3 of TLA Act, 2020 and Notification No. 20/2021, dated 31-03-2021 issued thereunder on ground that despite section 148 and various other provisions had been substituted by Finance Act, 2021 with effect from 1-04-2021, TLA Act, 2020 allowed revenue to issue reassessment notice under non-existent old provisions of section 148 on or after 1-4-2021 - Assessee, thus, submitted that impugned notice dated 21-5-2021 which was based on non-existent earlier provisions of section 148 could not be issued and authority was not empowered to issue same - Whether on facts, notice was to be issued to revenue and Attorney General of India - Held, yes [para 2][In favour of assessee]
Sh. Babu Khan Vs. Income Tax Officer, Ward-1(2), Meerut vide ITA No. 2397/Del/2018.
I find some force in the above arguments of the Learned Counsel for the Assessee. When the assessee has submitted copy of Agreement to Sell of the agricultural land, at least the A.O. could have called the person who had given so much money to the Uncle of the assessee as advance. Further the submission of the assessee before the A.O. that some amount is deposited out of his agricultural income and previous withdrawals from the Bank which were available for deposit in the Bank Account also not considered properly. Considering the totality of the facts and circumstances of the case and in the interest of justice, I deem it proper to restore the issue to the file of A.O. with a direction to grant one more opportunity to the assessee to substantiate his case and decide the issue as per fact and Law. The A.O. may conduct necessary enquiry as he deems 15 ITA.No.2397/Del./2019 Shri Babu Khan, Meerut. proper by directing the assessee to produce the person from whom the advance has been received for sale of land by his Uncle. The assessee is also hereby directed to appear before A.O. and adduce the evidence to the satisfaction of the A.O. regarding source of deposit without seeking any adjournment under any pretext, failing which, the A.O. is at liberty to pass appropriate Order as per Law. I hold and direct accordingly. Grounds raised by the assessee are accordingly allowed for statistical purposes. 7. In the result, appeal filed by the assessee is allowed for statistical purposes.
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