After getting RAP from M.P. High court for extension of due date for complete disregard to Supreme Court order CBDT clarifies that for the purpose of counting the period(s) of limitation for filing of appeals before the CIT(Appeals) under the Act, the taxpayer is entitled to a relaxation which is more beneficial to him and hence the said limitation stands extended till further orders as ordered by the Hon’ble Supreme Court in Suo Motu Writ Petition (Civil) 3 of 2020 vide order dated 27th April 2021. Earlier CBDT extended the limitation period till till 31st May 2021 vide Circular No. 8 of 2021 on 30th April 2021.
Circular No. 10/2021
F. NO. 225/49/2021/ITA-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, Dated 25th May, 2021
Subject: Clarification regarding the limitation time for filing of appeals before the CIT(Appeals) under the Income-tax Act, 1961 (the Act)
1. The Central Board of Direct Taxes has issued Circular No. 8 of 2021 on 30th April 2021 providing various relaxations till 31st May 2021 including extending time for filing the appeals before CIT(Appeals). At the same time, the Hon’ble Supreme Court vide order dated 27th April 2021 in Suo Motu Writ Petition (Civil) No. 3 of 2020 restored the order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 directed that the period(s) of limitation, as prescribed under any General or Special Laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders.
2. The Central Board of Direct Taxes, clarifies that if different relaxations are available to the taxpayers for a particular compliance, the taxpayer is entitled to the relaxation which is more beneficial to him. Thus, for the purpose of counting the period(s) of limitation for filing of appeals before the CIT(Appeals) under the Act, the taxpayer is entitled to a relaxation which is more beneficial to him and hence the said limitation stands extended till further orders as ordered by the Hon’ble Supreme Court in Suo Motu Writ Petition (Civil) 3 of 2020 vide order dated 27th April 2021.
(Prajna Paramita)
Director to the Government of India.
Copy to:
1. PS to M./ PS to MoS (F).
2. PS to Revenue Secretary.
3. Chairman (CBDT) & All Members of CBDT.
4. All CCsIT/CCsIT/Pr. DGslT/DGsIT.
5. All Joint Secretaries/CsIT, CBDT.
6. Directors/Deputy Secretaries/Under Secretaries of CBDT.
7. Web Manager, with a request to place the order on official Income-tax website.
8. CIT (M&TP), Official Spokesperson of CBDT with a request to publicize widely.
9. JCIT, Data Base Cell for placing it on gov.in.
10. The Institute of Chartered Accountants of India, IP Estate, New Delhi.
11. All Chambers of Commerce.
12. The Guard File.
Author Bio
Is this extension applicable to a return to be filed in response to a notice u/s 148 where the return was supposed to be originally filed on 15.04.21 but extended further to 31.5.21 by Circular No 8. Can it be further extended as per this Circular No 10 or this Circular is just applicable to filing of appeals.?
The CBDT Circular No. 8/2021 has extended dates for various compliances [Item (a) to (f) in the Circular], where as the present Circular refers to extension for only filing of appeal before CIT(Appeals). The CBDT is not at all justified in not extending other dates on the same lines. The CBDT must come out with further clarification.
Is this extension applicable to a return to be filed in response to a notice u/s 148 where the return was supposed to be originally filed on 26.04.21 but extended further to 31.5.21 by Circular No 8. Can it be further extended as per this Circular No 10 or this Circular is just applicable to filing of appeals.?