CA Nitesh More
1. INSTITUTION ENJOYING EXEMPTION U/S 10(23B) HAVE TO SUBMIT TAR U/S 44AB
A. SEC 10(23B) EXEMPT INCOME FROM BUSINESS OF A KHADI UDYOG ETC
B. EVEN IF INCOME FROM SUCH BUSINESS IS EXEMPTED, AS THERE IS TURNOVER FROM BUSINESS; IN MY OPINION, AUDIT U/S 44AB/44AD IS TO BE CONDUCTED AND REPORT HAS TO BE SUBMITTED
2. ITR 7 CAN BE FILED ONLINE WITHOUT DSC
IN SUCH CASE, SEND FORM V BY MANUAL SIGNING WITH RUBBER STAMP
3. ONLINE FILING OF FORM 10: PROCEDURE, NO NEED TO SUBMIT TO A.O.
PROCEDURE FOR ONLINE FILING OF FORM 10
A. LOGIN TO CLIENT ACCOUNT
B. GO TO E-FILE OPTION
C. SELECT PREPARE AND SUBMIT ONLINE FORM (OTHER THAN ITR) – OPEN
D. SELECT FORM 10
E. SIGN AND UPLOAD
4. TAR CAN BE SIGNED ON 30TH SEPT UPTO 23:59:59 PM ONLY
A. TAR CAN ALSO BE SIGNED ON 30TH SEPTEMBER AS “BEFORE” MEANS BEFORE END OF 30TH SEPTEMBER I.E BEFORE END OF 12 PM AT NIGHT IE UPTO 23:59:59PM.
B. APPROVE ALL REPORTS BY 30TH. DO NOT FORGET.
C. SO INCREASE UR SPEED, THE TIME IS RUNNING OUT
5. PROBLEM IN FILLING ONLINE 10CCB: SOLUTIONS
A. SUBMIT MANUAL RETURN WITH RETURN ETC. TO ENJOY ONE MONTH EXTENTION.
B. I THINK THERE IS PROBLEM IN SITE TO ACCEPT THIS FORM
6. ANSESTRAL PAN: HOW TO FILE RETURN & REPORT?
A. FILE MANUAL RETURN AND REPORT NOW.
B. APPLY FOR NEW PAN
C. SUBMIT RETURN WITH NEW PAN
D. SURRENDER OLD PAN BY FILLING 49 AMENDMENT (OPTION AT END OF FORM TO MENTION OTHER PAN HOLD BY ASSESSEE).
7. COMPANY ASSESSEE: TURNOVER LESS THAN 1 CR, NO TAX AUDIT NEEDED
SO JUST FILE:
A. ITR WITHOUT 3CD AND
B. 29B IF MAT PAYABLE
C. OTHER REPORT, IF APPLICABLE.
8. DUMMY PAN NO FFFPF9999F AND DIRECTORS BANK A/C DETAILS FILLED TO UPLOAD RETURN
A. MY FRIEND USED DUMMY PAN NO AS PAN WAS NOT AVAILABLE OF FOREIGN DIRECTOR.
B. IN CASE OF CLOSURE OF BANK A/C OF CO, DIRECTORS BANK DETAILS USED TO SUBMIT LOSS RETURN.
9. QUANTITY DETAILS NOT AVAILABLE, HOW TO FILL 3CD
A. WRITE “0” IN MAIN FORM AND ATTACH OBSERVATION AS OTHER REPORTS.
B. OBSERVATIONS MAY BE:
“DUE TO NATURE AND COMPLEXITY OF BUSINESS OF ASSESSEE, ASSESSEE DOES NOT MAINTAIN STOCK REGISTER”
10. DO NOT FORGET: ASSESSEE OTHER THAN CO. HAVE TO PAY ALTERNATE MINIMUM TAX (SIMILAR TO MAT) & FORM 29C HAVE TO BE FILED AS OTHER REPORT WITH 3CD.
11. IF TAR NOT UPLOADED BY DUE DATE, CA MAY BE RESPONSIBLE: ICAI GUIDANCE NOTE: WORK 18 HOURS
IF TAR NOT UPLOADED / FURNISHED BY DUE DATE, CA MAY BE RESPONSIBLE UNLESS DEFAULT ATTRIBUTABLE TO ASSESSEE’S DEFAULT. SO WORK 18 HOURS.
12.”XML FILE”FOR ITR 7: HOW TO GENERATE “XML FILE” FROM A “EXCEL FILE” TO BE USED PREFILL TDS DETAILS IN ITR 7
JUST SAVE EXCEL FILE AS XML
13. LEGAL HEIR RETURN: PROCEDURE FOR FILLING: AFTER APPROVAL LOG INTO L/F A/C
THE PROCEDURE IS THE FOLLOWING:
A. LOG INTO LEGAL HEIR
B. SEND REQUEST TO REGISTER AS L/H BY ATTACHING ALL DOCUMENTS
C. LOG INTO L/H
D. KEEP CHECKING “MY REQUEST”
E. THERE IT WILL APPEAR AS WHETHER APPROVED OR NOT
F. AFTER APPROVAL USING L/HEIR’S ACCOUNT ONLY YOU HAVE FILE THE RETURN
NOTE: ONCE THE REGISTRATION AS L/H IS APPROVED THE PAN OF DECEASED GETS REMOVED FROM INCOMETAX DATE BASE. SO DO NOT TOUCH DECEASED’S ACCOUNT
G. FILE WITH L/H’S ACCOUNT
H. NOW THE L/H WILL BE FILING 2 RETURNS USING HIS DSC FOR (A) HIMSELF AND (B) FOR DECEASED
14. LINE 348 PROBLEM: DO NOT GIVE QUANTITATIVE OF MATERIAL IN FRACTION: ROUND IT OFF
IN RAW MATERIALS QUANTITATIVE DETAILS U HAVE ENTERED VALUE IN FRACTION. ROUND IT OFF
15. LINE NO. 145 PROBLEM: DO NOT USE SPECIAL CHARACTER IN ADDRESS
U NHAVE USED SPECIAL CHARACTER AS BELOW
NEMCARE HOSPITAL, ROOM NO. 2/2, NILGIRI MANSION, SECOND FLOOR, G.S. ROAD, BHANGAGARH, GUWAHATI- 781005 (ASSAM)
TYPE AS BELOW
NEMCARE HOSPITAL ROOM NO. 22, NILGIRI MANSION SECOND FLOOR GS ROAD BHANGAGARH GUWAHATI 781005 ASSAM
16. LEGAL HEIR RETURN PROBLEM: UPLOAD RETURN AFTER APPROVAL OF LEGAL HEIR BY CPC & AFTER PROFILE UPDATED BY CPC
AFTER YOU HAD SUBMITTED DETAILS TO CPC WITH LEGAL HEIR CERTIFICATES ETC., CPC WILL APPROVE IT AND WILL ALSO UPDATE THE PROFILE BY INSERTING PAN NO OF LEGAL HEIR IN THE PROFILE OF DECEASED.
ABOVE CAN BE VIEWED AS FOLLOWS:
STEP A: LOG IN THE EFILLING PORTAL WITH DETAILS OF DECEASED
STEP B: GO TO PROFILE SETTING
STEP C: GO TO VIEW MY PROFILE & CHECK WHETHER PAN NO OF DECEASED IN THERE
STEP D: IF PAN NO OF LEGAL HEIR IS SHOWING , THAN UPLOAD RETURN
17. QUERY: I UPLOADING A TAX AUDIT REPORT OF A PROPRIETORSHIP BUSINESS,THE PROPRIETOR OF WHICH IS DEAD AND HIS LEGAL HEIR IS REGISTERED WITH INCOME TAX AND NECESSARY APPROVAL HAVE BEEN TAKEN BY SUBMITTING THE DEATH CERTIFICATE ETC..BUT WHEN I AM TRYING TO APPROVE THE TAX AUDIT FORM OF THROUGH THE DSC OF LEGAL HEIR,THE MESSAGE IS DISPLAYING THAT THE PAN REGISTERED AT THE E-FILING PORTAL AND THE DSC IS NOT MATCHING.WHAT TO DO.HOW TO APPROVE THE FORM
REPLY: FOLLOW INSTRUCTIONS PROVIDED IN PRECEEDING QUESTIONS.
CPC FAQ IS AS FOLLOWS FOR LEGAL HEIR:
18. PROBLEM DESCRIPTION: WHAT ALL DOCUMENT DO I NEED TO ATTACH AS A ZIP FILE DURING REGISTERING MYSELF AS LEGAL HEIR?
CORRECTIVE ACTION: YOU NEED TO SCAN THE FOLLOWING DOCUMENTS AND ZIP THEM IN A FILE:
· COPY OF THE DEATH CERTIFICATE OF THE DECEASED PERSON,
· COPY OF THE PAN CARD OF DECEASED PERSON,
· SELF ATTESTED COPY OF PAN CARD OF THE LEGAL HEIR.
· SELF ATTESTED COPY OF LEGAL HEIR CERTIFICATE
19. PROBLEM DESCRIPTION: WHAT IS THE ADDRESS WHERE I NEED TO SEND THE DOCUMENTS?
CORRECTIVE ACTION: YOU NEED TO SEND THE DOCUMENTS ON THE BELOW ADDRESS BY ORDINARY OR SPEED POST ONLY.
INCOME TAX DEPARTMENT
E-FILING ADMINISTRATOR
CENTRALIZED PROCESSING CENTRE,
POST BAG NO. 12,
ELECTRONIC CITY POST OFFICE,
BANGALORE – 560100
20. PROBLEM DESCRIPTION: I RECEIVED AN E-MAIL FROM INCOME TAX DEPARTMENT STATING THAT MY REQUEST FOR LEGAL HEIR HAS BEEN ACCEPTED AND I AM ASSIGNED AS THE LEGAL HEIR FOR THE DECEASED. CAN I E-FILE FOR THE DECEASED PERSON NOW?
CORRECTIVE ACTION: YES.
21. PROBLEM DESCRIPTION: I AM ASSIGNED AS THE LEGAL HEIR FOR THE DECEASED PERSON. HOW CAN I E-FILE FOR THE DECEASED PERSON?
CORRECTIVE ACTION: LOGIN USING YOUR OWN USER ID, PASSWORD AND DATE OF BIRTH. ONCE LOGGED IN, GO TO ‘E-FILE’ –> ‘UPLOAD RETURN’. SELECT THE PAN FROM THE DROP-DOWN OPTION AS THE DECEASED’S PAN. FILL THE REMAINING DETAILS ON THE PAGE AND UPLOAD XML. SIGN USING DSC IF AVAILABLE AND APPLICABLE.
22. PROBLEM DESCRIPTION: I AM TRYING TO UPLOAD INCOME TAX RETURN FOR A DECEASED BUT I AM GETTING AN ERROR MESSAGE SAYING “PAN MENTIONED ON PERSONAL/ VERIFICATION SECTION IS INVALID”. WHAT SHOULD I DO?
CORRECTIVE ACTION: PLEASE ENSURE THAT THE PAN ENTERED IN THE VERIFICATION SECTION OF THE INCOME TAX RETURN IS YOUR (LEGAL HEIR) PAN AND NOT OF THE DECEASED PERSON. ALSO, IF THE INCOME TAX RETURN IS BEING DIGITALLY SIGNED, THE PAN ENCRYPTED IN THE DSC MUST MATCH WITH THE PAN MENTIONED IN THE VERIFICATION SECTION.
23. PROBLEM DESCRIPTION: WHOSE DIGITAL SIGNATURE CERTIFICATE (DSC) CAN I USE TO E-FILE THE DECEASED’S INCOME TAX RETURN?
CORRECTIVE ACTION: YOU NEED TO USE YOUR OWN VALID DIGITAL SIGNATURE CERTIFCATE (DSC) WHICH IS REGISTERED WITH E-FILING.
24. LINE NO. 15 PROBLEM IN FORM 3CD: DO NOT FORGET TO CLICK “GENERATE XML” AFTER “VALIDATING”
A) USE GOOGLE CROME
B) I) OPEN YOUR XML AGAIN IN UTILITY &
II) VALIDATE YOUR XML AGAIN
III) GENERATE XML
IV) & UPLOAD
C) IF STILL UNABLE, TRY SAME PROCESS AFTER SOMETIME.
D) IF STILL UNABLE, FILL NEW FORM
25. SUGGESTIONS 80IE PROBLEMS: SUBMIT MANUAL REPORT & RETURN TO THE DEPARTMENT:
I ADVICE TO SUBMIT MANUAL FORM TO THE DEPARTMENT WITH RETURN SO THAT WE CAN ENJOY EXTENSION OF ONE MONTH FOR E-FILLING OF TAR. IT IS MY PERSONAL OPINION. YOU USE YOUR DISCRETION.
26. SUBMIT 29C AS OTHER REPORT WITH FORM 3CD AND IT THAT FOR IS NOTIFIED IN FUTURE AS ONLINE, WE WILL FILL IT. BUT IT’S MY VIEW. USE UR DISCRETION.
27. ITR 7 CAN BE FILLED MANUALLY. HOWEVER, 10B IS TO BE FILED ONLINE
28. STEPS TO FIND 10CCE, 10CCBBA, 10CCBC, 49C, 56F, 66, 3CA, 3AD, 3AE, 3CE, 3EAETC
STEP1: LOG IN AS ASSESSEE & ADD FOR THE RELEVANT FORM SAY, FOR FORM 10CCB
STEP2: LOG IN AS CA
STEP3: CLICK “PREPARE & SUBMIT ONLINE FORM” UNDER “E-FILE”
STEP4: SELECT RELEVANT FORM AND PROCEED
29. SUGGESTIONS PAN NOT AVAILABLE FOR RELATED PARTY TRANSACTION:
DO NOT DISCLOSE THIS TRANSACTION IN ONLINE FORM. PREPARE AN EXCEL SHEET AND ATTACH IT AS OTHER REPORTS
30. HOW TO RESET PASSWORD WITH NEW DSC INSTANTLY: STEPSWISE SOLUTIONS TO RESET PASSWORD WITH HELP OF NEW DSC
STEPA: LOGIN AS FORGET PASSWORD.
STEPB: UPLOAD VALID DSC.
STEPC: PROVIDE NEW PASSWORD.
31. HOW TO FILE 10CCB ETC. IF ASSESSEE HAVE TWO OR MORE UNDERTAKINGS
NOTE: TO ENABLE CAS TO FILL UP THIS FORM, I HAD PREPARED THESE STEPS. THIS IS NOT PRESCRIBED BY DEPARTMENTS. YOU USE YOUR DISCRETION AND FILE.
STEPA: PREPARE PHYSICAL TAX AUDIT REPORTS AS USUAL I.E. TWO OR MORE TAX AUDIT REPORTS SIGNED BY SAME OR DIFFERENT CAS.
STEPB: PREPARE ONE “ONLINE CONSOLIDATED FORM” AND UPLOAD. WHILE PREPARING THIS FORMS, YOU WILL NOT BE ABLE TO DISCLOSE MANY DATES AND OTHER INFORMATIONS UNDERTAKINGWISE IN THE ONLINE FORM. WRITE ALL THESE INFORMATIONS IN A SEPARATE SHEET UNDERTAKINGWISE & ATTACH IT WITH P/L & B/S WITH ONLINE FORM. ALTERNATIVELY, YOU CAN ALSO ATTACH SCAN COPY OF PHYSICAL FORMS WITH P/L & B/S FOR BETTER DISCLOSURE OF FACTS.
32. 29C IS APPLICABLE FOR F.Y.2012-13:
ASSESSEE CLAIMING DEDUCTION U/S 80IA,IB ETC MAY ALSO HAVE TO SUBMIT FORM 29C . SUBMIT IT AS OTHER REORT WITH FORM 3CD.
33. CARES WHILE UPLOADING ONLINE 3CD
CARE1: IF YOU HAVE ANY COMMENTS OR OBSERVATIONS, U CAN ATTACH IT AS “OTHER REPORTS”.
CARE2: DO NOT FORGET TO FILE:
A. NOTES OF ACCOUNTS & SCHEDULE OF B/S & P/L AS THERE ARE FORMING PART OF FINANCIAL STATEMENTS
B. STATUTARY AUDIT REPORT, IN CASE OF COMPANY.
C. EXCISE REPORTS & COST AUDIT REPORT, IF ANY
CARE3: DO NOT FORGET TO FILE RETURN BY MENTIONING THE DATE OF FURNISHING OF REVISED FORM 3CD.
34. HOW TO FILE TWO OR MORE PHYSICAL TAX AUDIT REPORT OF SAME ASSESSEE AUDITED BY SAME/DIFFERENT CAS:
STEP A: PREPARE PHYSICAL TAX AUDIT REPORTS AS USUAL I.E. TWO OR MORE TAX AUDIT REPORTS SIGNED BY SAME OR DIFFERENT CAS.
STEP B: YOU CAN UPLOAD “SINGLE XML FILE” ONLY FOR EACH TYPE OF FORM (REPORT). THERE ARE SIX TYPES OF FORMS AVAILABLE AT THE TIME OF UPLOADING. THESE ARE FORM 3CA-3CD, FORM 3CB-3CD, FORM 3CEB, FORM6B, FORM10B, FORM 10BB, FORM 29B.
NOTE 1: SUPPOSE, YOU HAVE TWO PHYSICAL FORMS 3CB-3CD. SO, A CONSOLIDATED ONLINE FORM 3CB-3CD WILL BE PREPARED AND EFILLED BY ANY CA AMONG THOSE CA WHO SIGNED PHYSICAL TAX AUDIT REPORT.
NOTE 2: KINDLY NOTE THAT IF YOU HAVE ONE FORM 3CA-3CD, AND ONE FORM 3CB-3CD, THAN EACH FORM WILL BE UPLOADED SEPARATELY BY SAME OR DIFFERENT CAS WHO SIGNED PHYSICAL REPORT.
STEP C: SELECT WHO WILL FILE ONLINE FORM IF YOU HAVE TWO OR MORE SAME FORM SIGNED BY DIFFERENT CAS AMONG THOSE WHO SIGNED PHYSICAL REPORT.
STEP D: PREPARE ONE “ONLINE CONSOLIDATED FORM” AND UPLOAD .
STEP E: IF YOU HAVE ANY COMMENTS OR OBSERVATIONS, YOU CAN ALWAYS ATTACH IT AS OTHER REPORT.
35. NEW STEPWISE PROCESS TO FILE REVISE ONLINE 3CD?
STEP A: PREPARE RECTIFIED XML AS USUAL
STEP B: WHILE UPLOADING, SELECT REVISE OPTION (ENABLED YESTERDAY)
STEP C: SELECT WHY YOU ARE REVISING FORM 3CD OUT OF THE FOLLOWING:
I) REVISION OF ACCOUNTS OF COMPANY, AFTER ITS ADOPTION IN AGM
II) CHANGE OF LAW
III) CHANGE IN INTERPRETATION
IV) OTHERS
STEP D: UPLOAD XML, IT WILL BE REVISED.
36. HOW TO UPLOAD XML PREPARED IN E-PR11/SOFTWARE WITH EPR12:
THOSE WHO HAVE PREPARED THEIR TAR IN E-PR 11 WITH SOFTWARE OR WITH E-PR11 UTILITY BUT HAVE NOT YET UPLOADED THE SAME:
KINDLY OPEN THE XML (PREPARED IN SOFTWARE OR E-PR11) IN PR 12 AND VALIDATE IT UNDER EPR12. SAVE THE SAME AND UPLOAD IT.
(HOWEVER, IN CASE YOU HAVE REPORTED ANYTHING AGAINST CLAUSE 30 OR 31 OF TAR IN E-PR11, PLEASE RE-ENTER THOSE TWO CLAUSES IN E-PR12 TO AVOID SWAPPING OF THE INFORMATION FOR THESE TWO CLAUSES)
37. REVISED PLANNING FOR TAR & ITR FOR 30TH SEPTEMBER IN VIEW OF PRESS RELEASE ON NOTIFICATIONS ISSUED YESTERDAY
FOR LOSS CASES:
EFILE TAR AS WELL AS ITR
FOR PROFIT CASES:
EFILE TAR & SUBMIT BELATED RETURN
CONSEQUENCES IF ITR NOT FILED BEFORE DUE DATE I.E. IF BELATED RETURN FILED
A. THERE IS NO PENALTY.
B. LOSSES, IF ANY, WILL NOT BE ALLOWED TO BE CARRIED FORWARD
C. ASSESSEE ALSO HAVE TO PAY STATUTORY DUES U/S. 43B ON OR BEFORE THE FILING OF ITR OR DUE DATE I.E. 30.09.2013 WHICHEVER IS EARLIER.
D. HE MAY HAVE TO PAY INTEREST U/S. 234A ON TAXES OUTSTANDING.
38. CBDT PRESS RELEASE ON EXTENSION OF TIME FOR FILING TAR/ ROI FOR AY 2013-14
FURTHER TO THE ORDER DATED 26.09.2013 ISSUED U/S 119(2)(A) OF THE ACT EXTENDING THE DUE DATE FOR THE ELECTRONIC FILING OF THE TAX AUDIT REPORT TO 31.10.2013, THE CBDT HAS ISSUED A PRESS RELEASE DATED 26.09.2013 CLARIFYING THAT THE PRINT COPY OF THE TAX AUDIT REPORT AS WELL AS THE RETURN OF INCOME HAS TO BE FILED BY THE PRESCRIBED DUE DATE OF 30.09.2013 AND THAT THERE IS NO EXTENSION OF THAT TIME LIMIT.
39. RELAXATION IN REQUIREMENT OF ELECTRONIC FURNISHING ONLY; REQUIREMENT TO FILE REPORT MANUALLY WITHIN DUE DATE AND FILE ELECTRONICALLY WITHIN 31/10/2013
CBDT IN EXERCISE OF POWER UNDER SEC 119(2)(A)O F THE IT ACT, 1961 READ WITH SEC 139 AND RULE 12, HAS DECIDED TO RELAX THE REQUIREMENT OF FURNISHING THE REPORT OF AUDIT ELECTRONICALLY AS PRESCRIBED UNDER THE PROVISO TO SUB-RULE( 2) OF RULE 12 OF THE IT RULES FOR THE ASSESSMENT YEAR 2013-14 AS UNDER –
(A) THE ASSESSES,WHO ARE PRESENTLY FINDING IT DIFFICULT TO UPLOAD THE PRESCRIBED REPORTS OF AUDIT (AS REFERRED TO ABOVE) IN THE SYSTEM ELECTRONICALLY MAY ALSO FURNISH THE SAMEMANUALLY BEFORE THE JURISDICTIONAL ASSESSING OFFICER WITHIN THE PRESCRIBED DUE DATE.
(B) THE SAID REPORT OF AUDIT SHOULD HOWEVER BE FURNISHED ELECTRONICALLY ON OR BEFORE 31.10.2013.
COMMENTS OF CA NITESH MORE –
THOSE ASSESSEE WHO ARE FACING DIFFICULTIES IN ELECTRONIC FILING ARE REQUIRED TO FURNISH THE AUDIT REOPRTS MANUALLY BEFORE THE JURISDICTIONAL ASSESSING OFFICER WITHIN THE PRESCRIBED DUE DATE AND THEREAFTER FURNISH ELECTRONICALLY ON OR BEFORE 31.10.2013.
STEP A – FURNISH MANUAL AUDIT REPORT & RETURN BEFORE THE JURISDICTIONAL ASSESSING OFFICER WITHIN THE PRESCRIBED DUE DATE
STEP B – FURNISH ELECTRONICALLY ON OR BEFORE 31. 10. 2013.
40. HOW TO FILE 10CCB ETC. IF ASSESSEE HAVE TWO OR MORE UNDERTAKINGS
NOTE: TO ENABLE CAS TO FILL UP THIS FORM, I HAD PREPARED THESE STEPS. THIS IS NOT PRESCRIBED BY DEPARTMENTS. YOU USE YOUR DISCRETION AND FILE.
STEP A: PREPARE PHYSICAL TAX AUDIT REPORTS AS USUAL I.E. TWO OR MORE TAX AUDIT REPORTS SIGNED BY SAME OR DIFFERENT CAS.
STEP B: PREPARE ONE “ONLINE CONSOLIDATED FORM” AND UPLOAD. WHILE PREPARING THIS FORMS, YOU WILL NOT BE ABLE TO DISCLOSE MANY DATES AND OTHER INFORMATIONS UNDERTAKINGWISE IN THE ONLINE FORM. WRITE ALL THESE INFORMATIONS IN A SEPARATE SHEET UNDERTAKINGWISE & ATTACH IT WITH P/L & B/S WITH ONLINE FORM. ALTERNATIVELY, YOU CAN ALSO ATTACH SCAN COPY OF PHYSICAL FORMS WITH P/L & B/S FOR DISCLOSURE OF FACTS.
41. SITE MAY NOT WORK PROPERLY TOMMORROW.
42. WORK TONIGHT (WHOLE).
43. IF U UNABLE TO UPLOAD TOMMORROW & also NO MANUAL FILLING THAN PENALTY
44. IF U MANUAL FILE THAN RETURN AS WELL AS REPORTS TO BE SUMITTED
45. UPLOAD ALL REPORTS OF ALL CLIENT 1ST, THAN THINK FOR RETURN. HOWEVER, FOR LOSS CASES UPLOAD RETURN ALSO.., OTHERWISE LOSS CANNOT BE B/F.
46. DONOT FORGET TO UPLOAD 29B, 29C ETC.
47. DONOT FORGET ALTERNATE MINIMUM TAX .
48. DONOT FORGET TO ATTACH COMPANY AUDIT REPORT AS AN ATTACHMENT WITH FORM 3CD, DO NOT FORGET TO ATTACH SCHEDULES, NOTES.
49. FOR 80IE PROBLEM AND OTHER PROBLEMS SUCH AS PAN STATUS PROBLEM, FILE MANUAL REPORTS AND RETURN TO ENJOY EXTENDED ONE MONTH FOR EFILLING.
50. PASSWORD CAN BE RESET WITH UNREGISTERED DSC.
51. IF U SUBMIT BELATED ITR THAN NO PENALTY HOWEVER, IT CAN NOT BE REVISED.
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Author can be reached at moreassociate@gmail.com
CPC APPROVED ME A LEGAL HEIR OF THE DEATH PERSON. IN THE FORM 3CB-3CD , WHOSE NAME I FILL IN THE PAN SECTION
To probe further:
Anyone, especially a CA or lawyer in tax practice, is expected to be aware and have made a conscious note of the several aspects with which the Delhi HC has dealt with in its landmark judgment and given useful directions to the Revenue. Those are aimed at resolving the varying types of woes faced by taxpayers in the matter of being allowed proper credit for TDS; more particularly, all such woes requiring to be additionally remedied in the aftermath of the CPC coming into being.
In the judgment, one such aspect, to which the court’s attention was drawn, is noted to be set out, as under:
Q
6. the Returns of the assesses who have expired are filed by legal heirs, and, in case of refund, the same is issued by CPC in the name of dead person only. This causes great harassment to get the same rectified online or through assessing officer.
UQ
As may be readily seen, much emphasis, rather exclusively, has been laid on, (a) tax returns filed by ‘legal heirs’ (LHs), and (b) harassment confronted with in refund claims filed online. Further, so far as could be seen (subject to/pending a thorough reading of the judgment), the referred grievance has not been gone into in any greater details, or argued out, in all its ramifications; hence the court has not been persuaded to issue appropriate directions to the Revenue, comprehensive enough to cover all possible types of situations. To mention just one, besides others, not so covered, is instance of return filed not by LH (in its legal meaning), but by say, an executor or administrator of the deceased estate, pending full and final distribution of the estate to its beneficiaries as willed by the deceased.
Turning to the newly introduced and mandated online registration of LH, one’s independent viewpoints have been shared herein before, in brief though, so also elsewhere, to the best of own limited ability. Now, It is left only to the learned professionals in tax practice, presumed to be knowledgeable, and duly equipped, to take on and pursue to the end of having the inherent problems sorted out, amicably, with the ideally desired co-operation of the Revenue; without unwittingly waiting for the “moment of truth “ (- of crisis ?) to come heavily knocking.
TO attempt and dilate further:
In one’s honest view, the idea silently given shape and stealthily introduced via back door deserves to be given more insightful thoughts; and to keep doing so, until the inherent short comings /deficiencies come to be realised. It is now left to one and all concerned, especially advising /assisting CAs and lawyers in tax practice, in the larger interests of their clientele / taxpayers obligated to comply, to intelligently probe, from all angles, into the subject requirement brought in as part of the CPC in function . And if agreed / conceded, they are expected to pursue with the CBDT to having the things set right. For this purpose, the CBDT needs to be made to realize that the subject requirement, if considered in proper light, is not warranted at all; and is not likely to stand the tests of common sense, being bereft of any sound logic ; and, if were to be challenged, is quite unlikely to find favorable consideration by the judiciary. To be precise, in one’s well thought out viewpoint, going by wisdom to be gathered in hindsight, the said requirement , seemingly brought in ‘impulsively’, suffers from the same faulty logic, fallacy and deficiencies as the other idea of ‘Form V’ rolled out ( – the reference is to the obligation imposed on tax payers, to send a hard copy of the acknowledgment and further ensure to having it received and taken on record by the CPC)- as originally introduced , but had to be later rolled back.
For knowing more, the viewpoints shared on the related/closely connected topic of, – TDS woes , and the genuine bickering of / hardships meted out to taxpayers as given vent and to be found in public domain , might have to be purposely looked into.
To add:
Suggest that any professional in practice, having had any hand-on experience, should usefully share the outcome, for the benefit of the rest, ON: had an attempt been made, and also succeeded, in e-filing by an ‘individual’ as LR of a deceased ‘individual’,- by simply ensuring to fill in the Verification his PAN, but clearly indicating on the face of the return, in slots wherever allowed, that it is a return of income of the deceased , with so and so PAN, for whom he is acting as a LR as per the scheme of the Act. Depending on the success or otherwise of such an attempt,of course, if not successful,the problem would be required to be taken on with, and try and have resolved by, the Revenue by making an effective representation.
Hope the suggestion is clear enough for anyone to get a grip of it.
OFFHAND (To share Own viewpoints):
The write-up is seen to have fairly summed up, in substance, the long list of do’s and don’ts on the subject of, – E-filling Of Tax Audit Report (TAR) & Income Tax Return, To my understanding, these pertain to specific areas of relevance to persons required to comply with the TAR requirement and tax return filing of the law.
In some of the contexts, the term “legal heir” has been employed. This, however, is not seen to be a term used as such, anywhere in the IT Act. In particular, ‘legal heir ‘is not the concept adopted for the purposes of Sec. 139 and /or of the realted/connected sections in CHAPTER XV – LIABILITY IN SPECIAL CASES.
Anyone having an exposure or statutory obligation to compliance with the requirements of the IT Act, including among others the tax return filing,needs to take a conscious note of and be reasonably aware of the implications of the referred provisions. In short, as read and understood by one, those are provisions which must be of every concern not only to a person who is a ‘legal heir’ within its legal meaning but also quite a few others to whom CHAPTER XV , in terms , applies.
With the foregoing in mind, in one’s independent perspective, the guidelines from the Revenue as summed up in the write-up do not cover all such cases being other than ‘legal heir’ as envisaged there under. To put it simply, the requirement of special “Legal Heir – Registration”, etc., do not seem to call for compliance by all others who are obligated to file a tax return as “legal representatives” or “representative assesses” coming within the purview of the “SPECIAL CASES”.
No need to add, the foregoing aspects are of every relevance, also to tax return filing under the status of ‘individual’, on behalf of ‘deceased’ , as his legal representative, including a designated nominee, in respect of ‘income’ accruing or arising or received up to the date of demise, for which a separate tax return has to be filed. Recommend to have a mindful look into the applicable separate guidelines/FAQs available online, to have a clear-cut understanding, with no unwarranted confusion in anyone’s own mind.
Over to the law experts at large, particularly in tax practice, to make an in-depth study; and take up the matter suitably with the CBDT , to the end of having resolved all the problems faced or foreseen in e-filing , at the earliest.
In pith and substance, the suggestion is that, should it be called for, the shortcomings/deficiencies in the CPC in place should be plugged in with necessary correctives, so that e-filing is made quite simple, taxpayer friendly and hassle- free.
If an assessee is not required to get its accounts audited u,s 44ab, but the bank in which he is having cc limit asks for his audit report then what should he do
Thank u Nitesh More,under pressure of your work also you tried to
help CA FRATERNITY.WE NEED PEOPLE LIKE U.
THANK U ONCE AGAIN
thanks
WE ALL PRACTISING CAs ARE EXTREMELY GRATEFUL TO YOU CA NITESH MORE FOR SUCH AN ILLUSTRATIVE AND INFORMATIVE WRITE UP. IT LOOKS LIKE ONE STOP SOLUTION TO ALL THE EFILING WOES FACED BY WE CHARTERED ACCOUNTANTS. I HAVE NO EXACT WORDS TO EXPRESS MY GRATITUDE TOWARDS YOUR SUCH A KIND GESTURE. I SALUTE YOU ME. MORE
Very Good Practical Suggestion even at this last hour
Dear CA Mr. Nitesh,
Relating to Signing of TAR..
why “before specified date” here means 30th sept. 11:59:59…
on plain reading it is before specified date i.e. by 29th sep.
if here before means same date than there is no meaning of “on or before” specified date.
Kindly clarify.
THanks for comprehensive tips