1. Section 139(1)(a) explanation has been amended which reads as under: –
Explanation 2- In this sub section due date means, –
a) Where the assesse is
i. A company
ii. A person other than company whose accounts are required to be audited under this Act or any other law for the time being in force or
iii. A partner of the firm whose accounts are required to be audited under this Act or under any other Act for time being in force
iv. Spouse of the partner if the firm is liable to get its accounts to be audited and the provisions of section 5A applies to such spouse,
due date shall be 31st October of the assessment year
b) In case of assesse including partners of the firm or the spouse of such partner if the provisions of section 5A applies to such spouse, being such assesse, who is required to furnish a report referred to in section 92 E, due date shall be 30 th November of the assessment year.
c) In case of any other assesse, due date shall be 31stJuly of the assessment year.
Prior to the Finance Act 2021, where the accounts of the firm were required to be audited under this Act or any other Act, the due date for furnishing the return of income of the firm and their partners was 31st October of the assessment year.
Explanation 2 to section 139(1)(a) has now been amended by Finance Act 2021, to provide that where the accounts of the firm were required to be audited under this Act or any other Act, then the due date of furnishing the ROI by the firm and its partners and the spouse of the partners shall be 31st October of the assessment year, if the provisions of section 5A are applicable to such spouse.
Section 5A: -Apportionment of income between spouse governed by Portuguese Civil Code
Where the husband and wife are governed by the system of community of property, the income of the husband and the wife under any head of income shall not assessed as that of such community of property (whether treated as association of person or body of individuals), but the income of the husband and of the wife under each head of income other than salaries shall be apportioned equally between the husband and wife and the income so apportioned shall be included separately in the total income of the husband and of the wife respectively,and the remaining provision of the Act shall apply accordingly.
Where the husband or as the case may be, the wife governed by the aforesaid system of community of property has any income under than head salaries, such income shall be included in the total income of the spouse who has actually earned it.
In view of this section 5A requires equal apportionment of income except salary income between spouses governed by Portuguese Civil Code . The due date for filing of the return in respect of the spouse of the partner shall be 31 st October of the assessment year.
Prior to the Finance Act 2021, where the assesse being a firm whose is required to furnish a report under section 92E, the due date of furnishing the ROI shall be 30th November of the assessment year.
The Finance Act 2021, has amended the explanation 2 to section 139(1)(a) to provide that where the assesse being a firm who is required to furnish a report under section 92 E, then the due date of filing ROI of the firm, its partners and the spouse of the partner shall be 30th November of the assessment year.
Provided that the spouse of the partner is covered by the provisions of section 5A. (Apportionment of Income between spouses governed by Portuguese Civil Code)
2. Section 139(4) has been amended which reads as under: –
Any person who has not furnished a return within the time allowed under sub-section (1), may furnish the return for any previous year at any time before three months prior to the end of the relevant assessment year or before the completion of the assessment, which- ever is earlier.
Prior to the amendment vide Finance Act 2021, if any person had not furnished the ROI within the time allowed under section 139(1), then that person was required to furnished the ROI before the end of the relevant assessment year. In the Finance Act 2021 the time period to file return under section 139(4) has been reduced by 3 months i.e. the person who has not filed his ROI within the time prescribed under section 139(1), then the person may file its ROI, within three months prior to the end of the relevant assessment year or before the completion of the assessment, which- ever is earlier.
3. Section 139(5) has been amended which reads as under: –
Any person, having furnished a ROI under sub-section (1) of section 139 or sub section (4) of section 139, discovers any omission or any wrong statement therein, may furnish a revised return at any time before the three months prior to the end of the relevant assessment year or before the completion of the assessment, which- ever is earlier.
Prior to the amendment vide Finance Act 2021, any person who has furnished the ROI under section 139(1), or section 139(4), discovers any omission or any wrong statement, then the person may file a revised ROI at any time before the end of the relevant assessment year or the completion of the assessment, which-ever is earlier. The section has amended which provides that he may file the revised ROI prior to the three months from the end of the relevant assessment year or completion of the assessment, which-ever is earlier.
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