CA Sandeep Kanoi

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CBDT has vide its order dated 20.08.2014 extended the due date for e-filing of Tax Audit Report to 30.11.2014 for A.Y. 2014-15. The order has nowhere mentioned about the due date for e-filing of Income tax Return (ITR). It seems due date for filing of ITR are been kept same. If the Assessee who are covered under tax audit provisions but not under transfer pricing audit provisions do not file the ITR on or before 30th September 2014, he may have the following implications:-

  1. He may have to pay Interest U/s. 234A of the Income Tax Act,1961 on taxes outstanding.
  2. Losses if any may not be allowed to be carried forward under the provisions of section 80 Read with section 139(3) of the Income tax Act,1961.
  3. To claim deduction of Statutory expenses falling under section 43B,  Assessee have to pay these Statutory on or before the filing of ITR or Due Date of return filing (Due Date of ROI is 30.09.2014) whichever is earlier.
  4. Some of the deduction i.e. Under Section 10A, which requires Assessee to file his return on or before the due date specified under sub section (1) of section 139 may not be allowed to Assessee.
  5. If Assessee not able to file his Return on or before 30.09.2014 he may not be able to revise his Return of Income.

In True Terms for Tax Professional as evident from Order there is no extension of date for Tax Audit Report as most of the professionals prepares ITR only after completion of Tax Audit Report.

CBDT Order has created lots of confusion amongst the taxpayer and tax professionals by not specifying regarding ITR and CBDT needs to immediately clarify its stand on ITR filing.

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0 responses to “Consequences of Non Filing of ITR on or before 30.09.2014”

  1. S verma says:

    dear sir
    we want to know that if a assesee has submitted online tax audit report ( 3 CD ) within due date but ITR nor submitted before due date what will be the consequences
    thanks
    S . Verma

    • ravi ranjan says:

      Q 1. how llp can be closed if it is not find any books of accounts and not submitted it it return. please also mention the whole process of closure of llp in the case of above ?
      Q 2. what are the different penalty provision for non-filing itr and books of accounts in llp situation ?
      mail me sir answer please as quickly as possibe ………..

  2. PREMKUMAR DODEJA says:

    WHAT ARE CONSEQUENSES OF NOT FILING RETURN OF INCOME UNDER TAX AUDIT CASES FOR THE A.Y. 2014-15 BY 30.09.2014.

  3. BSKRAO says:

    DEAR NARAYANAN & NSG SIR,

    PRACTICE OF LAW IS PREROGATIVE POWER OF ADVOCATES, IT IS NOT SO IN CASE OF PRACTICE OF COST, FINANCIAL & MANAGEMENT ACCOUNTS. BECAUSE, THESE ARE ONLY POWERS VESTED ON THEM. UNDER INDIAN CONSTITUTION CAG’S ARE THERE. ISSUE ALREADY DECIDED & TO BE DECIDED ARE AS UNDER:-

    T.D.VENKAT RAO CASE:-
    Income-tax Practitioners & Chartered Accountants-Tax Audit

    CITATION NOT VISIBLE ON DATE:-
    Advocates & Chartered Accountants-Practice of Law

  4. MANDEEP SINGH says:

    Dear NSG ji,
    I think CA’s should be authorized to surgery of human beings in operation theater. They are more skilled to do act of other professions. I think CA’s can surgery in a better way than a doctor, if they are authorized for it. You should need to write letters to government CA’s also should be authorized for surgery along with practice before HIGH COURT & SUPREME COURT in future.

  5. MANDEEP SINGH says:

    PROJECT REPORT:-
    When a project report is prepared then we should keep in mind what is required for smoothly running of project & which professionals services are required to prepare a project report.

    1) Advocate:- Advocate services are must required before establishment of any project. It is duty of advocate to determine & pointed out to the owner of business. Which legal complications can arise in future, if a business is established in a particular area.

    2) CMA: CMA also plays important role in the projections & it is duty of
    CMA to give correct estimate regarding cost of a project.

    3) Market surveyor: Its duty of the the surveyor to find out actual demand
    of finished goods & availability of Raw material.

    4) CHARTERED ACCOUNTANT: NO ROLE

    I think Project report can be prepared by an Advocate, CMA or Surveyor and There is no role of CA’s to prepare a project Report. CA,s can certify only financial data which actually exist.

  6. MANDEEP SINGH says:

    Dear NSG ji,
    I am very well known about standard issued by ICAI for projection. If we relied upon the standard issued by the ICAI for forecast. Than we reached on the conclusion that there is no role of Chartered Accountant to sign on project report. Sir standard issued by the ICAI is creating confusion in your mind.
    sir it is due to lack of knowledge in criminal laws. Its my advice please join a senior criminal Advocate for one year than you will learn what is right and wrong. Standard issued by the ICAI not over ruled criminal acts enacted by parliament.To certify vague presumptions is a crime. Now we need to determine what is deference between certification & reporting. Any wrong
    opinion also amounts to certification. I think you are very well known about Satyam auditors, They did also only reporting on financial matters.

  7. MUKAMBIKA.K says:

    Narayanan Sir, please let me know the books you have referred to extract Free Advices & Quotes

  8. MUKAMBIKA.K says:

    NSG SIR, I AM ON THE VERGE OF RETIREMENT & CONTRIBUTE FOR THE GENUINE CAUSE OF ALL TAX PROFESSIONALS & GOVT. REVENUE. AS FAR AS TAX PRACTICE IN INDIA IS CONCENRED ALL CLASS OF TAX PROFESSIONALS SHOULD BE EQUALLY LOOKED INTO BY THE TAXATION LAWS OF INDIA.

  9. NSG says:

    Dear Mr.Mandeep Singh

    When we say about the term skill, we mean not only skills in Accounting,auditing and other business matters .It also includes skills in relation to legal matters. We are very proud to say that we got the skill to interpret the legal matters also. Thank you very much Institute of Chartered Accountants of India for devising one of the toughest syllabus (you will not accept this because you are too jealousy) in the world and education programmes for its students and members. I am hundred percent sure you are fully ignorant about the chartered Accountantcy Syllabus.

    Mr.Mandeep Singh, first of all, please you try to understand the distinction between certification and reporting. A chartered accountant will not certify a projection or forecast. There is a standard issued by ICAI about this subject. If you have the habit of acquiring knowledge, please visit ICAI website and refer the relevant standard. Dear Mr.Mandeep Singh, preparation of project reports and forecasts about future profitability is a SIMPLE MATTER for a Chartered Accounatnt.Who told you that information required for projection requires Market Surveyers.?Mr.Mandeep Singh, a number of sources are available to obtain reliable inputs for preparation of projection. Therefore please do not give opinion without understanding the matter under consideration.

    According to you, interpretation skills are the monopoly of Advocates only. Dear Mr.Mandeep Singh…what a false notion is this? Do you believe that information and books about Indian laws and International laws are available only to Advocates? Inormation about rule of literal interpretation, reasonable construction, Harmonious construction, Ejusdem Generis etc is available to all persons who wish to learn that. You behave as if legal books and informations are classified documents of RAW and other intelligence agencies ,and available only to Advocates. Dear Mr.Mandeep Singh, the world has changed.

    Dear Mr.Mandeep Singh ,the chartered accountants or other non advocates are prohibited from making legal interpretation only before prescribed courts and authorities(In future, Chartered Accountants will be allowed there too because of their interpretation skills) .Chartered accountants are not prohibited from advising the advocates and other clients in relation to legal interpretations .Therefore ,Mr.Mandeep ,we will advise the advocates and our other clients whenever they want our service.

  10. NSG says:

    Dear Mookambika M

    Are you trying to threaten Chartered Accountants? Dear Mookambika, First of all you try to respect other professionals. Are you kidding? You don’t have the capacity and ability to take any action against the Chartered Accountants under CPC.We know how to deal with your actions ….please go and take action against Chartered Accountants under CPC .We Challenge you….Dear Mookambika,we are working within the framework of Indian Legal framework…We Know what are wrongful acts and what are not?We know the sanctity of Indian laws .Therefore,Dear Mokambika,don’t play with chartered accountants…please concentrate on your profession….Your character of always attacking Chartered Accountants will waste your energy only….Please use your energy for the advancement of your profession..

  11. Narayanan says:

    Dear Mandeep Singh, BSK RAO & Mukambika
    Free Advices & Quotes for you :-
    (1) PLEASE Concentrate in professional work that you are doing (“Do what you do, then surround yourself with people who can do what you can’t”)
    (2) Before making any comments please read the article (at least the title) (“think before you speak. Read before you think”)
    (3) Use your Commonsense (“Common sense is seeing things as they are; and doing things as they ought to be”)
    (4) Don’t be Jealous (“Jealousy is a mental cancer”)
    (5) Be Positive (“If a book about failures doesn’t sell, is it a success?”)
    (6) Read News Papers & Books. (A children’s story that can only be enjoyed by children is not a good children’s story in the slightest)
    (7) Update Your Knowledge (“The only source of knowledge is experiance”)
    (8) Prove your Skill in profession that you belongs ( The only true wisdom is in knowing you know nothing & the man is the only creature who refuses to be what he is)
    (9) Advise Positively (Wise men speak because they have something to say; fools because they have to say something)
    (10) Be a good interpreter. ( “We are addicted to our thoughts. We cannot change anything if we cannot change our thinking.”)
    PLS Remember every one knows “BARKING DOGS NEWER BITES”

  12. MUKAMBIKA.K says:

    MANDEEP SINGH JI,

    You are correct, one should invoke all applicable codes of CPC to take action on wrongful act of CAs

  13. MANDEEP SINGH says:

    NSG ji,
    I am not understand till about which skills you are talking.
    1) “Practice of law” is a skill of chartered accountants.
    2) How can Chartered accountant certify projected balance sheets & project
    reports which depends on market survey regarding consumption of any
    goods in the area. what it is skill of CA regarding market survey or he
    is only financial accountant.
    3) For your kind information those financial figure have value which are not exist & presumptions regarding financial figures not have any value & these figures are not work of CA’s & it is work of market surveyor to find correct financial figure regarding future.

    4) I think they have very well known only how can enter others professional area.

  14. MANDEEP SINGH says:

    Sir, I am explaining section 467 of IPC. It is my advice to all TAX PROFESSIONALS, please avoid certification of that documents about you are well known it is a bogs document. Also avoid stamping any Projections. When you are very well known that such presumption can’t be attained by the business in future. Sir Bank financed to assessee on the basis of these documents & it is called a valuable security in eye of law.

    SIR IT IS MY SUGGESTION ONLY. YOU FOLLOW OR NOT DEPENDS UPON YOU.

    Section 467 in The Indian Penal Code

    467. Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

  15. NSG says:

    Dear Mukambika,Mandeep and BSK Rao Sir…

    Instead of making false and fabricated allegations against Chartered Accountants as a daily routine,please prove your skills before appropriate
    authorities and get what you DESERVE….CRYING is not a criteria for professional opportunities….Skills and Expertise that matters…..

  16. MANDEEP SINGH says:

    BANK ACCOUNT: CA have no authority to attest bank a/c opening form. In which capacity he will sign on form.

    CMA DATA:- it is wrong custom which is started by Bank Auditors with the help of local branch managers. which are statutory required appointed for bank audit. CMA DATA based on presumptions & no one authority is authorized to certify future of any business. As per information provided by head offices of banks that THEY DIDN’T ISSUED ANY DIRECTIONS THAT PROJECTED REPORTS OR BALANCE SHEETS should be certify by Chartered Accountants. CMA,BALANCE SHEETS, PROJECTED BALANCE SHEETS & PROJECT REPORTS are used to get finance from bank ( called as valuable security).

    PROJECT REPORTS: CA’s have no authority to sign on project reports. It wrong trend adopted by banks. Such kinds work can create problem for those who sign these documents.

  17. BSKRAO says:

    MUKAMBIKA.K MADAM,

    ONLY ICAI MEMBERS POSSESS PROFESSIONAL EXCELLENCE IN ALL FIELDS. CORE COMPETENCE & EXPERTISE REQUIRED FOR SUCH ATTESTATION, THEREFORE SUCH CERTIFICATES HAS TO BE ISSUED BY ONLY CHARTERED ACCOUNTANTS MADAM ?

  18. MUKAMBIKA.K says:

    NSG Sir, In fact, ICAI (Financials) is moving in the direction what you have said. It is evident from following instances :-

    1. Bank A/c Opening Forms require attestation of CAs.
    2. CMA Reports to banker are signed by CAs.
    3. Tax Law Audit Reports in Income-Tax Law & VAT Law are required
    to be signed by only CAs.
    4. Certificates from only CAs to Pollution Control Board hitting the
    very purpose of Air & Water Act. Ie, Pollution Control Board just
    building-up documents & records.
    5. Project Reports prepared by prospective business man required to
    be signed by CAs.

  19. NSG says:

    Dear Mukambika

    Not only 3ca.3cb and 3cd ,,,all audit reports under the companies act
    .Banking Regulation Act,Insurance Act ,Doctors prescription ,autopsy report,manufacturers invoice,VAT invoice ,Death certificate,Birth Certificate Marriage Certificate…….and P AGREEMENT IF ANY BETWEEN JAPAN AND INDIA IN PROPOSED VISIT OF MODI TO JAPAN should be signed by Advocates.

  20. MANDEEP SINGH says:

    MUKAMBIKA.K JI,
    I agree with you form 3CD related to legal opinion on income tax law & only advocates should be authorized to sign on form 3CD.

  21. MUKAMBIKA.K says:

    B.S.K.RAO Sir,

    Form No.3CA & Form No.3CB has to signed by persons conducting audit of accounts of business enterprise & Form No.3CD wherein section wise wrong claims are required to be reported (Practice of Income-Tax Law), has to be signed by Tax Advocates, Correct Sir ?

  22. MANDEEP SINGH says:

    Mr NSG JI,
    If anybody makes Practice of others Profession than it is called “unauthorized Practice”. If Chartered Accountants are giving legal advice or doing interpretation of laws than it is ” unauthorized Practice of law”.
    Please read definition of unauthorized practice of law. Mere appearance clause under any act doesn’t authorized to you for practice of law. For your kind information section 45 of Advocates act 1961 explain punishment for unauthorized practice of law( which may extended upto six months).SECONDLY HON’BLE SUPREME COURT IN A.K BALA JI CASE HAVE GIVEN ORDER that nobody involve himself in unauthorized practice of law even in non litigation matters. For your kind information for making contempt of court also punishable under courts contempt act which may be extended upto six months.

    Now it depends upon you. whether you will leave it or continuously will make contempt of Hon’ble SC order.

  23. MANDEEP SINGH says:

    Mr NSG ji,
    Please tell which accounting entries makes you more skilled in legal interpretation than advocates, pl tell me. sir if you have keen interest in Advocacy & legal practice. Please pass LL.B & enroll as an Advocate with State Bar Council. Then You can do freely “practice of Law”.
    I am watching near about 15 years CHARTERED ACCOUNTANTS do have interest in writing books of assessee. which is their core Practice area provided by Chartered Accountant act 1949. THEY ARE MORE INTERESTED TO BECOME AN ADVOCATE.

    SIR IF YOU DON’T INTERESTED IN PRACTICE OF ACCOUNTANCY THAN WHAT IS NEED OF CHARTERED ACCOUNTANT ACT 1949.

  24. BSKRAO says:

    LEGALLY SPEAKING FORM NO.3CA & 3CB ALONG WITH FORM NO.3CD SHOULD BE ISSUED BY TAX ADVOCATES ONLY AND CAS SHOULD ONLY ASSIST TAX ADVOCATES FOR ISSUE OF TAX AUDIT REPORT U/S 44AB OF INCOME-TAX ACT.

  25. NSG says:

    Dear Mandeep,BSK Rao and Riddhi Siddhi

    For the time being,Chartered Accountants are not entitled to interpret law in Courts only. But there is no prohibition on making advice to Advocates by Chartered accountants.There is no case in any court in India against Chartered accountants for advising advocates on interpretation of Law.
    I have a doubt.Whether Mr.BSK Rao,Mandeep Singh and Riddhi Siddhi are the dummies of the same person who makes comment in different names.They all appears to behave and comment in the same manner ……..(I wish they are different persons)

  26. NSG says:

    Dear Mr.MANDEEP

    It is a known fact to everyone in the business circles and advocates that the Chartered Accountants are giving lot of advices including legal interpretations to various advocates for their PERFORMANCE in court.Although ,for the time being the chartered Accountants are not entitled to appear in High Court Etc,it is beneficial to the society and clients if the Charterd accountants are allowed to appear in all the courts in India in the same way as Advocates do.Chartered Accountants have more than enough skills to deal with legal matters .

    The Charterd accountants should give representations to Central govt to amend the Advocate act and other relevant acts to remove the remaining hurdles so that the the chartered Accountants can appear in courts.Chartetred Accountants already possess expert knowledge in Business laws than Advocates.CA Institute should include few more subjects such as Constitution etc in its syllabous .In the near future,I am sure Chartered Accountants will be there in High Court and supreme Court to Serve the clients and our society.Advocates Beware…….In future there will be only Chartered Accountants and few skilled Advocates in High Courts and Supreme Court……

  27. NSG says:

    Dear Mr.MANDEEP

    It is a known fact to everyone in the business circles and advocates that the Chartered Accountants are giving lot of advices including legal interpretations to various advocates for their PERFORMANCE in court.Although ,for the time being the chartered Accountants are not entitled to appear in High Court Etc,it is beneficial to the society and clients if the Charterd accountants are allowed to appear in all the courts in India in the same way as Advocates do.Chartered Accountants have more than enough skills to deal with legal matters .

    The Charterd accountants should give representations to Central govt to amend the Advocate act and other relevant acts to remove the remaining hurdles so that the the chartered Accountants can appear in courts.Chartetred Accountants already possess expert knowledge in Business laws than Advocates.CA Institute should include few more subjects such as Constitution etc in its syllabous .In the near future,I am sure Chartered Accountants will be there in High Court and supreme Court to Serve the clients and our society.Advocates Beware…….In future there will be only Chartered Accountants and few skilled Advocates in High Courts and Supreme Courts……

  28. ashok goyal advocate says:

    Respected Sir,
    When in the CBDT LETTER IT IS CLEARLY MENTIONED THAT THE ASSESSEE CAN OBTAIN AUDIT REPORT UPTO 30.11.2014 THERE IS NO NEED TO GIVE ANY COMMENTS. HOW A PERSON FILE HIS RETURN WITHOUT OBTAINING AUDIT REPORT. YOU SHOULD NOT CREATE A CONFUSION. IF A PERSON HAS NOT OBTAINED AUDIT REPORT WHAT DATE HE WILL MENTION IN HIS RETURN. T IS WRONG IF YOU THING, ADVOCATE CAN’T GIVE ANY “LEGAL OPINION” to CHARTERED ACCOUNTANTS and its depend on CA’s they accept it or not.
    BUT IT IS CRYSTAL CLEAR A CHARTERED ACCOUNTANT CAN’T GIVE LEGAL OPINION TO ANY PERSON ON TAX LAWS.
    FOR YOUR KIND INFORMATION ICAI have given information under RTI that ICAI not issued any certificate for ” Practice of Law” to its members. – See more at: https://taxguru.in/income-tax/consequences-filing-itr-30092014.html#sthash.bJwlkRba.dpuf

  29. V Sivaraman says:

    My dear most learned advocates and strong cbdt supporters,

    Part-A: The following gives due date of filing the tax return:
    Sec 139(1) Explanation 2.—In this sub-section, “due date” means,—
    (a) where the assessee [other than an assessee referred to in clause (aa)] is—
    (i) a company [***]; or
    (ii) a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or
    (iii) a working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force,
    the 30th day of September] of the assessment year;

    Part-B: Due date of furnishing audit report u/s 44AB is as under:
    44AB (Explanation (ii): [(ii) “specified date”, in relation to the accounts of the assessee of the previous year relevant to an assessment year, means [the due date for furnishing the return of income under sub-section (1) of section 139].]]

    You may please read, re-read the IT Act 139 & 44AB. The date of filing of 44AB report is dependent/based on filing of return u/s 139. and not vice-versa.

    I hope the good sense will pervail over CBDT to set right this anomaly.
    Probably the advocates taken go to court like in the case of TDS on service tax and compel the CBDT to rectify.

  30. MANDEEP SINGH says:

    MR,NSG JI,
    Interpretation or legal opinion on any laws including tax law is exclusive right of advocates not of non Advocates. Recently ICAI had defend its case before UP high court by saying that when their members are appeared before tax authority than they are not involve themselves in ” Practice of Law” They are performing “Practice of Accountancy”
    Mr NSG sir when ICAI have admitted they are not doing ” Practice of law” then why your wasting your time on interpretation of laws. Please limit to your own core area practice of accountancy.
    SIR IT IS WRONG IF YOU THING, ADVOCATE CAN’T GIVE ANY “LEGAL OPINION” to CHARTERED ACCOUNTANTS and its depend on CA’s they accept it or not.
    BUT IT IS CRYSTAL CLEAR A CHARTERED ACCOUNTANT CAN’T GIVE LEGAL OPINION TO ANY PERSON ON TAX LAWS.
    FOR YOUR KIND INFORMATION ICAI have given information under RTI that ICAI not issued any certificate for ” Practice of Law” to its members.

  31. NSG says:

    Dear BSKRAO Sir

    HAVE YOU READ SEC 44 AB , SEC 139 & ORDER ISSUED BY CBDT FOR OBTAINING & FURNISHING THE AUDIT REPORT U/S 44AB ?

    IF YOUR COMMONSENSE DOES NOT WORKS, YOU BETTER TO CONSULT WITH AN EXPERT BEFORE GIVING SUGGESTIONS TO GREAT TAX PROFESSIONALS

  32. SUBHAJIT BANERJEE says:

    Dear All

    1)Is the CBDT order means extension of specified date for obtaining Tax Audit Report by the asessee.

    2) If yes , then there is an extension of specified date for obtaining tax audit report by the assessee up to 30-11-2014 .

    3) Now without obtaining the tax audited accounts and report how an assessee can submit his return . because on on the basis of tax audit report there will be addition and alteration in income .

    4) now please let me know the procedure for furnishing the Income Tax Return without getting The Tax Audited Accounts And Tax audit Report..

  33. C P CHUGH says:

    Dear All,

    I think my friend Mr Rao is correct while disecting Board’s order dated 20/08/2014 extending the due date for obtaining and furnishing of TAR.

    S. 44AB mandates to every person to whom the provision of this section are applicable to obtain and furnish TAR prescribed under the section or or before specified date.

    Explanation to section states that the specified date is due date for furnishing of return u/s 139(1)

    Now the board has extended the specified date (to obtain and furnish TAR upto 30th Nov) which inter alia would automatically extend due date for furnishing of return u/s 139(1) only in cases where provisions of section 44AB are applicable and TAR is required to be furnished.

    Thanks

  34. CA ROHIT NARANG says:

    Sir be clear . Give your opinion clearly

  35. Kuttan says:

    Dear Learned Tax Advocate BSK Rao Sir…..

    Please advise for the participants of TAX GURU on the notification by CBDT
    by applying your common sense you claimed to have possess………..

  36. BSKRAO says:

    I SUGGEST TAX PROFESSIONALS TO ONCE AGAIN READ SECTION 44AB, SECTION 139 & NOTIFICATION ISSUED FOR UPLOADING TAX AUDIT REPORT, INSTEAD OF ALLEGING THE LEARNED OFFICIALS IN C.B.D.T. PLEASE APPLY YOUR COMMON SENSE.

  37. BSKRAO says:

    DEAR ALL TAX PROFESSIONALS, KINDLY READ THE ABOVE NOTIFICATION ALONG WITH SECTION 44AB, SECTION 139 & NOTIFICATION ISSUED FOR UPLOADING THE TAX AUDIT REPORT, YOU WILL GET ANSWERS TO ALL YOUR QUESTIONS ? OR CONSULT LEARNED TAX ADVOCATE IN THE MATTER.

  38. CA Amit Ganar says:

    Dear Professionals

    Please think on the issue that even if you want to file return before filling of Tax audit report, what we have to mention the date of audit report in ITR?

    I think schema validator will not allow future date.

  39. T V Srinivasa Gupta says:

    Hello,

    Why all the Chartered Accountants are thinking so, There is a full of clarity in the circular as per my vision. Where the Audit Report is to be submitted in the form of 3CB 3CD or 3CA 3CD is applicable up to 30.11.2014.
    In all other cases where the Audit is required in any other law for which the reports have not changed. That they are required to file with in the due date i.e.30.09.2014.

    With out filling the DAte of Audit REport as well as furnishing date ITR4 or ITR5 or any Income tax return is not giving validation to generate the xml file. with out XML file how one can file the Return.

    So, Pl.check the Returns with out giving the dates or post dates get it validate ? obsolutely not, Pl.all the guys’ pl.go through the Return format try once,

    u will know the better result with out asking any person.

  40. RAMANDEEP SINGH says:

    In case of late return, assessee can not file revise return if found mistakes in the said return.Assessee can file belated return

  41. pcbhandari says:

    Could not understand this (5th para)
    Those who filing there ITR on or before the due date i.e. 30.09.2013 will have to file Tax Audit Report either manually or electronically before 30.09.2013. If taxpayer has filed manually then he have to file the same electronically also on or before 31.10.2013.

  42. CA ABHIJIT BANERJEE says:

    1)Does the CBDT order means extension of specified date for obtaining Tax Audit Report by the asessee.

    2) If yes , then there is an extension of specified date for obtaining tax audit report by the assessee up to 30-11-2014 .

    3) Now without obtaining the tax audited accounts and report how an assessee can submit his return . because on on the basis of tax audit report there will be addition and alteration in income .

    4) now please let me know the procedure for furnishing the Income Tax Return without getting The Tax Audited Accounts And Tax audit Report..

    CA ABHIJIT BANERJEE

  43. Arvind Bhargava says:

    Dear Friends,

    CBDT circular order dated 20.08.2014 lacks clarity. There is flaw in the Notification in practical terms. It suffers from vice of non application of mind. Generally, Both the things i.e. Tax Audit and Filing of ITR run together except special cases. Association of Tax Practitioners and Chartered Accountants should represent before CBDT bringing into their notice this discrepancy and its consequences with far reaching effects. They will definitely take cognizance and issue clarification in larger public interest to put the confusion to an end.

    Thanks

  44. C A K C AGARWAL says:

    Shree Sandeep jee,
    Kindly tell me, what you mean by the clause no 5, in which you have given the reference for filing the return before 30-9-2013. I think that this relate to the asst year 2013-2014, but now we have to file the return for the asst. year 2014-15

    C A K C Agarwal, ALLD

  45. CA SUSHIL AGRAWAL says:

    Dear Sir,
    It is expected from the Office bearers of the ICAI and also the Tax Practitioners that they should discuss the matter with Ministery of Finance and CBDT and see that due date u/s 139(1) is also extended till 30/11/2014. One has to fill up the ITR and furnish the detail of Tax Audit date, Audited Balance sheet, Trading & P/L A/c, unless we finish the audit the return cannot be uploaded and in view of this only the extention of date for 44AB do not serve any purpose. It is a matter of common sense and respectfully it should be applied and proper solution be sort out immediately. It is the need of the hour.

  46. V Sivaraman says:

    Who else other than CBDT give such a stupid circular.

    After all ignoring the Legal provisions of the Income Tax Act on TDS, they issued a notification making deduction of TDS on SERVICE TAX also. All the TDS provisions of the IT act says the deduction must be made on “income comprised there in.” I do not know which brilliant person felt that Service Tax, Air / Train / Bus ticket / Hotel-Bills are also an “INCOME”.

    GOD Bless the TAX PAYERS and Return filers

  47. C P CHUGH says:

    Hi Sandeep,
    Chapter VI Part C (Other Incomes not chargeable to tax) also mandates filling of return on or before due date specified u/s 139(1). Hence those failing to do so shall also loose benefit of deduction under the chapter such as 80IA,80IB and 80IC etc.

    Thanks

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