CBDT has yesterday posted a message on its e-filing website which is as follows :-
Updated version of Form 3CA-3CD and Form 3CB-3CD are available in the portal. Assessee may download and use the same.
This version is named as ‘FORMS_2013_PR11’ . This is the eleventh version release of offline utility. Every time the utility been updated to remove the discrepancy and bugs in the same. So if we assume that this is the last release or this version is free from all the errors and bugs then Tax Professionals got only 15 days to fill and file tax Audit Report and other Audit Reports under the Income tax Act.
CBDT should accept its own shortcomings and immediately extend the due date for filing Tax Audit Report and other Audit Reports under the Income tax Act,1961 as demanded by CA Sudhir Halakhandi vide his article titled “Due Date for E-Filing of Tax Audit Report Should be Extended Immediately “.
I would like to take few line from a song of Aashiqui 2 written by Sandeep Nath-
Sunn raha hai na tu (CBDT)
Ro raha hoon, main (Assessee / Tax professionals)
Sun raha hai na tu
Kyun ro rahi hoon main
I Would also like to add few reasons for extension submitted by one of the netizen of taxguru Mr. Ankit Rajgaria, A CA final Student from Mumbai :-
Crisp 7 Reasons to extend the due date of Filing of returns:
1. Late Enlightment of Income Tax department this year regarding furnishing of Tax Audit Reports alongwith other forms.
2. Increase in Work Load due to extensive reporting in the new format.
3. Increase in Data Entry in Exhaustive Tax Utilities devised by the Income Tax Department.
4. Constant and Consistent Revision of the utilities by the department due to errors in the utilities.
5. Even after the recent revision under version PR11, the Utilities have some errors like validation errors in Form 29B for NIL tax liability.
6. Even after the industry has accepted the changes in the new format, the helplines of the Income Tax Department are still helpless and take bytes on different e-filing cells rather than solving the queries.
7. As the professionals are working under pressure of the September Season there might be a compromise in quality of work if the date is not extended or extended on 30.09.2013; and this is likely to happen.
Author Bio
We are not cheating govt from paying taxes but we have financial difficulties
CBDT’s attitude is atrocious. Our fraternity should show our dissent by non cooperating ‘e initiative of the cbdt by ‘pen down’strike. Atleast our ICAI take some efforts in this regard. It seems ICAI’s voices are not at all considered by FIN MIN. if any bar council members object he will immediately amend any ACT. Why can’t we ask our CAmembers in cabinet to protest and resign (will it happen?) Objecting grave injustice done to us. We can also threaten that we will vote enmasse with our family members to NAMO in next Parliament election.
Dear collegues,
You people keep crying and CBDT keeps on releasing new versions. Now PR 12 is on the screens. Your voice has not reached the deaf and dumb CBDT and the funance minister. God only should save us.
Perumal
dear surya,
you are correct and it is high time for CA fraternity to raise their voice to be heard at Delhi. The so called finance minister it seems he does not have any serious commitments to attend. For any fall of share market or fall of rupee he will attend before media and try to correct the markets. hwat is his vested interest in the markets. Similarly why should he intervene in the extention date it is the situation to be solved between the cbdt and the professionals. HIs intervention is not required. CBDT it self can take a stand and extend the time.
Sashi
Dear all professional collegues,
Iam getting a basic doubt whether we are enjoying the democracy in India or being down trodden by the tyranny admn of CBDT and finance minister.
Let us welcome the technical advancements and adapt ourself to so that let us stand in first row of development. But that advancement and adaption should be fool proof and concrete. If the CBDT is coming out with any changes they should plan it in advance and give time to the users to understand and adapt it . But now the situation is different . It is chnaging the utilities on daily basis. For the faults of the software provider and admn staff of cbdt the rest of the country should suffer.
Some of the senior professionals because of this stress and tension already became patients because they can not comprise on the quality of the work at the same time cannot cope up with the forceful changes. Even the young CAs also suffering from back pains and many other ailments by sitting before the computers continuously for hours together.
The cbdet may extent the time on last hour to cover up its mistakes and inabilities. But by that many CAs should have joined in the hospitals.
So finally what I want to say is CBDT shou;ld anounce the extention of time till 31st oct 2013 atleast by the evening of 25th sep 2013 to avoid any untoward events. In case if it is not done the CAs and the governing body ICAI should take a strong stand on this isssue and do pen down strike, may be for the first time in the history of ICAI and should show what is the need of CAs to the progress of this country. Make your voice to be heard to the deaf and dumb CBDT and so called Finance Minister.
Surya
YOU ARE REQUESTED TO GIVE TRAINING FIRST BEFORE INTRODUCTION OF ANY NEW SYSTEM.
ATTACHMENT OF DOCUMENTS, i.e, Audit report, balance Sheet, Statement of Profit and Loss is a good idea to curb frauds practice by few persons. it is suggested that before introduction of a new system proper trainee should be given to the tax payers and tax professionals.
avoid up dating soft ware as it disturbs the tax payers. FIRST GIVE TRAINING AND THEREAFTER INTRODUCE ANY NEW SYSTEM FOR TAX COMPLIANCE.
Dear Mr. Nagaraja
I have gone through the letter as has been uploaded through Taxguru and it is very appropriate and proper and we all feel that it would be just and proper for the Government to take immediate steps either to rectify or to do something so as to make people comfortable in filing the returns and tax audit report. It is beyond our knowledge that what has prompted the department /Government to introduce such a harassing scheme for filing without taking proper opinion poll from the tax payer who will be the ultimate sufferer.
I dont feel that this letter or remarks so made shall open the closed eyes of the Government
Aloke Ghosh, Advocate
The CBDT should immediately beg pardon for such laches
Dear All,
Date Should extend after considering volume of work and daily updation. Dear all please let us know what we can do as an individual to support this view so that CBDT can take a decision as early as possible and not on 30.09.2013.
The CBDT Should make the announcement now itself. They have the reputation of announcing extension on 30th September 8.30 PM
Dept is now almost daily issuing new Schema. When it will issue final fool proof Schema and when CA fertility will be able to file the Retuns is now known only to God. Pending issue of final version of Schem, CBDT should immediately announce the extension to remove the stress of CAs.
Again CBDT Updated the version of ITRs (ITR3, ITR4 and ITR6) in the portal, Assessee may download and use the same.
There are many new features in 3CB and 3CD like CA’s Registration for uploading the forms, acceptances or rejection of Audit Report by assessee and then alone Ack. will be generated.How many assessee understand this procedure remains a moot question.It is CA who does everything for assessee with his digital signatures.
For quality of audit. Audit ceiling need to be increased for non-corporate assessees up to minimum 10 crore.
Since 1984 inflation increased more than 25 times. Rate of diesel in 1984 only Rs. 2.50 & now Rs. 55 to 60.
dollar rate upto 1984 Rs. 12 & after 1984 it touches 68.80. At last we need to omit unnecessary formalities under Income tax law & accounting system should be simple. Section 44 AB should be deleted for non corporate assessees.
1) Estimated scheme should be increased from 120000 to 250000
2) 44AD profit should be 4 % only for retail traders.
YES I AM FULLY AGREE WITH THIS.THE DATE SHOULD BE EXTENDED
Updated version of Form 3CA-3CD and Form 3CB-3CD released named as ‘FORMS_2013_PR11′ I don’t understand why cbdt not updated the same earlier. My question is that If any body filed the Audit report before this release whether this will be rejected?
I fully support the demand with CBDT for extension in the due date of filing the returns considering its own shortcomings.
The Honourable Union Finance Minister of India,
The Hon’ble Minister of State for Revenue,
Respected Secretaries of the Ministry and Chairman of CBDT
SUB: Grievance Pertaining to Ministry of Revenue – Direct Taxes – Suggestions to solve the issue- Immediate action requested
This is with reference to & in continuation of my email dated 25/08/2013 to you all and Grievance No. DORVU/E/2013/00401 registered in the portal on 25-08-2013 in connection with the recent introduction of online e-filing of Tax Audit other reports, 3CD, other Forms, annexures etc.
I had made out a case for total withdrawal/dropping of these provisions which cause enormous hardship, practical problems & affect a large number persons belonging to lower middle to middle income category and also Chartered accountants & Tax Professionals. I had also listed out the points which favour total withdrawal/dropping of these provisions and also requested for removal of other anomalies & hurting provisions. The full text of that email is reproduced after the end of the present mail.
Even to this date the concerned authorities & software programmers have not solved many issues, difficulties, incongruities etc., and are yet to install an error-free e-filing utility and fool-proof method.
In this connection I invite your attention to the step-by-step & slow procedure followed while introducing the e-filing of Returns of Income. Initially Limited companies followed by partnership firms subject to Tax Audit and later other entities subject to Tax Audit were covered and much later persons with incomes of above Rs. 10 lakhs were brought within the ambit. But extending the same to persons with incomes of above Rs. 5 lakhs and to Charitable Institutions is a retrograde & unfair step which should be dropped forthwith.
The Ministry of Finance & Revenue may feel that total withdrawal/dropping of all these new provisions may not be feasible as many efforts were already taken in this regard. If such is the case the following are suggested to solve the grievance/issue in an amicable manner which will be fair & reasonable to both the Govt. and the aggrieved persons.
1. The online e-filing of Tax Audit Report & other reports, 3CD, other Forms, annexures etc., should be made applicable this year only to Limited Companies having a Sales/Turnover/Gross Receipts above Rs.100 (one hundred) crores or Income of Rs. 1 (one) Crore.
2. From next year it can be extended to other entities having a Sales/Turnover/Gross Receipts Rs.100 (one hundred) crores or Income of Rs. 1 (one) Crore and above.
3. Mandatory e-filing of Returns of Income by persons with incomes of between Rs. 5 lakhs and Rs. 10 lakhs and by Charitable, Religious & other Institutions should be totally withdrawn/dropped. It can be made optional after setting right the defects in e-filing utilities and improving them.
4. More time (2 months) should be given this year for filing all kinds of Returns of Income. E-filing of Tax Audit Report & other reports, 3CD, other Forms, annexures etc., for Limited Companies exceeding the limits as stated in suggestion No. 1 should be extended up to 31 st December 2013.
5. In the ITR forms the newly introduced Schedule AL (Assets & Liabilities) the Jewellery etc., are required to be mentioned at cost. How is it possible? Movable properties like Gold Jewellery, Precious Stones, Silver Articles, Archaeological collections, drawings, painting, sculpture or any work of art etc., are mostly inherited and even if purchased, it is difficult to keep track of the same and preserve Bills etc. This should be either removed or clarified very specifically keeping in view the practical difficulties.
6. The Wealth Tax exemption limit should be raised to at least Rupees one Crore with retrospective effect and separate exemptions should be given for at least one Car, One Kg of Gold and Ten Kg of silver. The limit of Rs.5 lakhs for obtaining Valuation of Jewellery from an approved valuer is very paltry in present times and should be raised to at least Rs. 50 (Fifty) Lakhs.
7. The exemption limits of TDS in all cases except Salaries & Rent (The limit for these two be much higher) should be raised uniformly to at least Rupees one lakh which will ensure higher rate of compliance. Also these provisions should not be made applicable to 44AD cases opting for Tax Audit. The original provision considered 5% as net profit on Retail Sales /Turnover/Gross Receipts should be restored instead of the present 8% in all cases.
8. The rate of Service tax is very high and should be pegged at Five per cent and the initial exemption limit should be raised to at least Rupees Thirty lakhs which will ensure higher rate of compliance. Otherwise the tendency to escape & reduce the liability will increase especially as the net was widened to a large extent. Suitable & deserving items should be included in exemptions/negative list.
9. There are many more harsh provisions & anomalies which have to be removed/rectified urgently now and the requests would be lying with the authorities. There are other issues also, which can be solved in the ‘Proposed Direct Taxes Code’. At the time of initial introduction it was very attractive but unfortunately it is postponed so long with the result it has lost most of its sheen. The Tax Payers who were optimistic at that time are now in anxiety & confusion to note that it was prolonged for so many years with so many alterations, dilutions etc., and still do not know when it will come into effect and in what form.
10. It is a well-known and practically proven fact that high rate of taxes, cumbersome & harsh provisions will cause agony & apathy to the Tax payers and thereby compliance rate will fall drastically causing loss of Revenue. On the other hand reasonable & fair rates of taxes, clear, simple & easy provisions will contribute to high rate of compliance and thereby overall revenue will increase.
11. In fact our Prime Minister when he was the Finance Minister and our present Finance Minister in his earlier terms had proved the above points beyond doubt & rescued our economy from stagnations and ensured higher revenue collection by reducing tax rates and easing restrictions and above all caused mental peace & satisfaction to a large majority.
12. The above suggested measures along with other well-thought out changes, real simplification, corrective & concerted actions will save lot of tension, energy & time of millions of persons in all levels & on all sides that can be put to more productive use at this juncture when our country is faced with severe economic & other problems.
Kindly take actions as suggested above whole-heartedly, exhaustively, decisively & swiftly and without diluting the value & spirit of them.
Thanking You
Yours faithfully
ACN Prasad
A.C.NAGARAJA PRASAD, B.COM., F.C.A.,
M.No. 014946 – 11.09.2013
PLEASE NOTE: This email was sent to the addressees with BCC to ICAI, SIRC, and about 100 CAs on 11-09-2013. It is kindly requested that this may be circulated to as many Forums, Chambers, Associations, Regional & sub-councils, CAs and as many concerned persons as possible represtation made to Govt. from all levels.
YES
I FULLY AGREE WITH YOU.
No comments.
There is a Golden Saying in the matters of natural justice:
“No innocent person should be penalized even if 100s of culprits go scot free”.
This is now an apt situation wherein innocent professionals are being made scapegoats and CBDT is not bothered by the deficiencies in its own setup.
due to heavy work load and quality of work it must be extend the date.
Extension will definitely be granted. But will be for five or six days – as they always do. And this extension will be notified on 30th September at 6.30 p.m. as they always do.
the announcement of extension must be made well in advance to reduce the pressure and increase the quality work .
there should not be further delay in announcement of extension of due date.
Tax advocate Jitendra thacker – gandhidham kutch
ABSOLUTELY CORRECT. IF THE DATE IS NOT EXTENDED IT WILL BE A PROBLEM FOR OUR FRATERNITY.
are bayya
koi tho suno hamara bath our due date extend karo
For the sake of quality of Audit ,date should be extended soon.
Otherwise,30th Sept is hanging sword on our neck.
Deptt. should understand our difficulties .