CA Sharad Jain
It Is Right Time To Remind The Authorities For Timely Issuance Of TAR & ITR Forms & Utilities for Assessment Year 2016-17
INTRODUCTION :
It is generally expected that the Income Tax Return (ITR) forms and Tax Audit Report (TAR) form and utilities for uploading them on the website of the Income Tax Department should become finally available for public use, as on the Ist day of the Assessment Year e.g., for AY 2016-17 on 01st April, 2016 and, thereafter there should not be any changes therein. The changes if any required should be incorporated only in the forms and utilities for the subsequent assessment years.
In the Assessment Year 2013-14, the utility for uploading TAR were frequently changed. Due to that the tax payers / assesses and Tax Consultants, Chartered Accountants etc. had to face various difficulties and hardships. Further, when it became difficult to e file the TARs within available time limit, they had to make huge efforts (i.e., making representations to the CBDT etc.), for getting extension of the due date for submission of TAR.
Thereafter, it was generally expected that the problems of the tax payers etc. will be taken care of and in the upcoming years all the forms, utilities will be finally available well in advance. But contrary to that, again in the next assessment year i.e., Assessment Year 2014-15, the TAR forms were changed in the mid of the assessment year and again huge efforts (perhaps more than that for Assessment Year 2013-14, as this year writs were also to be filed before the various Hon’ble High Courts) were to be made by the tax payers, Tax Consultants etc. for extension of due date for filing of TARs and ITRs.
Again shockingly, the ITR forms could not have been issued for the Assessment Year 2015-16 which again caused the severe difficulties and hardship to the tax payers etc. Further, rather than to resolve the grievance of the tax payers etc., the responsible authorities adopted adamant attitude and again huge efforts were to be made and huge cost were to be incurred by the tax payers etc. for getting the extension of due dates for filing of TAR and ITRs.
Now the generally expected time for issuance of final ITRs, TAR and utilities for the Assessment Year 2016-17 i.e., 01st April, 2016 is near. Looking to the past experience it is not sure that this year also no such delays and related problems will be there. Therefore, at this time the authorities can be reminded in advance, by the representative organizations of tax payers, Tax Consultants etc., for issuance of these forms and utilities on or before 1st April, 2016.
Though it is not the duty of tax payers and Tax Consultants etc. to remind the authorities for timely issuance of forms etc. However, it will not be imprudent for them to take precautionary step of reminder to authorities rather than to face in the later stages, huge difficulties and hardships, consequent to the delayed issuance of forms etc.
Apart from the reminder for Assessment Year 2016-17, the authorities can also be given suggestions for ensuring timely issuance for forms etc. for subsequent years i.e., Assessment Year 2017-18 and onwards, which have been mentioned in subsequent paras.
SUGGESTIONS :
(a) the CBDT should remain ready with the draft Income Tax Forms and all the relevant rules when the Finance Bill containing the Income Tax provisions for the concerned Assessment Year is laid down before the Lok Sabha ;
(b) On passing of the Finance Bill by the Parliament and receipt of the assent of the Hon’ble President, the CBDT should within two months thereafter, issue the amended draft of the Forms and the relevant rules for the public comments for next one month ;
(c) After considering the public comments, the CBDT should, within next two months thereafter, issue the final Forms and the relevant rules ;
(d) thereafter, the technical staff will have sufficient time (of about 6 -7 months) to prepare the utilities up to 31st March of the Financial Year and then from 1st day of the concerned assessment year the utilities could be made available for use, on the website of the Income Tax Department.
CONCLUSION : Since 1st April, 2016 is near, it is right time to remind the authorities to ensure the ITRs and TAR and utilities for the Assessment Year 2016-17. Similarly, the Union Budget 2016-17 is under preparation. The steps as suggested for the Assessment Year 2017-18 and onwards can be taken from this budget itself. Hope that these suggestions may be helpful in avoiding delay in timely issuance of forms etc. and such in meeting the general public expectations also to prevent losses to the revenue due to consequential delay in payment of Self Assessment Tax.
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WHICH FORMS CAN BE USE FOR FILLING AGRICULTURE INCOME RETURNS
Very Good Sharad ji
FUTHER I WISH TO ADD THAT THERE SHOULD BE AUTOMATIC EXTENTION IF THERE IS A DELAY ON DECLARATION OF FORMS. AS IT IS THE RIGHT OF THE ASSESSEE TO GET THE FORM ON 1ST APRIL OF THE YEAR. SO IF THERE IS A DELAY OF ONE MONTH AUTOMATIC EXTENTION OF ONE MONTH SHOULD BE GIVEN. IF THE DELAY IS FOR 3/4 MONTHS AUTOMATIC EXTENTION OF 3/4 MONTHS BE GIVEN.
very good and i am agree with you.
Sir,
Good Suggestion Considering Past Experience.Please Let We All Communicate To Law Maker & CBDT Through Internet Media At Their E Mail Addresses As Courtesy Reminder Call.
GOOD MOVE THROUGH TIMELY AWARENESS IN FRIENDLY MANNER ATMOSPHERE AS EXPECTED BY
INCOME TAX DEPARTMENT. RECIPROCALLY BY TAX CONSULTANTS & TAX PAYERS.
THIS ARTICLE SHOULD REACH ON THE DESK OF AUTHORITY & MAY BE IMPLEMENTED PROPERLY
SINCE THE VARIOUS HIGH COURTS HAD ALSO GIVEN THE VIEWS TO ACT ON TIMELY MANNER.
WE HOPE REPEATED MISTAKE SHOULD NOT BE MADE AT THE COST OF HARDSHIPS TO TAX PAYERS
& TAX CONSULTANTS AS EXPERIENCED IN RECENT PAST YEAR.
GOD BLESS THEM
Welcome & striking thought on reminding timely release of ITR & TAR forms by the Finance Ministry & CBDT. It should be well communicated & known to all parties in the chain of Direct Tax Regime. (FM, CBDT, Tax Payer & Tax Representatives)
Good suggestions but who cares who , assesses and practitioners ? CBDT , Ministry , they are very busy with other affairs . Assesses don’t have any UNION as like as Bank,
You may be assured that under no circumstances ITR Forms and guidance notes ,that is (Instruction sheets ) will be available within 1-April-2016 , they will take their own time.
At the end of months they are getting their salary on time , failing which _ PEN DOWN ,
You and we have to procure client’s , nursing them, perform our duties/ obligations to the regulators , satisfaction of clients , then question of payments , etc.
Looking up to the past experience, difficulty and taking recourse to the Courts a better wisdom will prevail on the authorities to release in time the ITR and TAR utilities. We sincerely hope that assesses and their consultants are not harassed and pressurised at the eleventh hour. Beauruecrats must remember that tax payers are paying taxes and not demanding any benefits.
The authorities responsible for formatting ITRs may consider the possible mistakes by assessees and possibility of avoidance of the same. The Common errors are, spelling mistakes in Name fields, wrongly entering First Middle Last Names, spelling errors in email IDs, mobile Number, Address etc. These are already available in the PROFILE section of efiling web site. Therefore, such details should get auto filled on entering PAN; if any change is required it should be made compulsory to change the needed area in the PROFILE section. Additional fields like IFSC Code, Bank A/c No, Type of A/c etc., may be added to PROFILE section and auto filled in ITRs. They may apply their mind so that possible errors by Assessees are avoided.
GOOD SUGGESTION
CBDT HAS TO TAKE NOTE OF
very nice article, suggestions….
very nice article, good suggestions…
SIR
IT IS A GOOD SUGGESTION. THIS IS REQUIRED TO AVOID SEEKING EXTENTION OF TIME AND OTHER COMPLICATION/S.
But why CBDT is required to change form every year. Income Tax Act is exist from last 5 decade and still department required update the forms every year?
thankx Sir
Fully Agree
thank u sir
We should forward this message to our council members to in favour of whom we have voted…………..
a classic reminder for the authorities well in time .
THIS IS THE BEST SUGGESTION, SIR
ICAI,Trade Organisations,should take up the issue both at Ministry level & CBDT
Very GOOD SHARAD AIN SIR
THIS IS VERY CRUCIAL TO AVOID FURTHER COMPLICATION AND HURRY
THANKS SIR
CA B S GHADAGE PUNE
fully agree with this
Very GOOD DINESH JAIN SIR
THIS IS VERY CRUCIAL TO AVOID FURTHER COMPLICATION AND HURRY
THANKS SIR
CA B S GHADAGE PUNE
good suggestion