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Advocate Akhilesh Kumar Sah

We Would like to clarify here that many of the readers have misunderstood the article. Article by no mean says that due date has been extended but it demands extension of due date of filing of return to 30th Sep, 2017.

Due to the implementation of the GST law from 01.07.2017 and the necessity of linking of PAN with Aadhaar Number from 01.07.2017 while filing ITR, has caused severe problems to tax-payers. When the last date for filing ITR approaches the income tax e-filing site suffers great slowdown thereby leading to delay in filing the same as also once the session of login at e-filing portal is over the user has to re-enter the required details for login which involves a great hectic for the user especially in reference to the tax consultants, chartered accountants who file the large number of ITRs of their clients.

Not only this, sometimes it also happens that the site goes under repair or shows technical problems in last days, even at the eleventh  hour of filing the ITRs, which leads to the waste of the valuable time of the persons filing the ITRs .

Therefore, looking to the above problems, keeping in view the interests of the taxpayers the e-filing site should be made more well equipped with the functions which provide the users of the site to restore the work done by them before the hanging up of the site and such breakdown of the site must be prevented.

Assessees are getting messages for filing their ITR on due date of 31 July. The welfare of the honest taxpayers also lies in providing of the basic e-filing facilities and timely availability of the income tax e-filing site in working condition for the online submission of ITRs. In view of these hardships, faced by the users until the e-filing site is made more secured and strong enough the due date for the filing of returns must be extended in order to protect the taxpayers who are willing to file timely ITRs but due to the problems inherited in the site they are finding it difficult to do so on “due date”.

As per Explanation 2 of section 139(1) of the Income Tax Act, 1961, for the purposes of the sub-section (1) of section 139, “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;

(aa) in the case of an assessee who is required to furnish a report referred to in section 92E, the 30th day of November of the assessment year;

(b) in the case of a person other than a company, referred to in the first proviso to this sub-section, the 31st day of October of the assessment year;

(c) in the case of any other assessee, the 31st day of July of the assessment year.

Therefore, keeping in view the hard realities due date, 31 July of filing income tax return should be extended to 30.09.2017 as correction in the PAN and Aadhaar, wherever is not linking, is also taking time and there are problems of internet, e-filing site and works relating to newly implemented GST.

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36 Comments

  1. VIJAY KUMAR PANDA says:

    Please extend the date as i am not able to file my returns due to deactivation of my PAN.I have represented to I.T DEPT on 19-7-2017 to activate my PAN sothat i can file my returns.i am still waiting for the reply from the I.T DEPt.Therefore please extend the date.

  2. Rajesh says:

    if no. of person are misunderstood and confused , it means it need to clear heading of articles .

    but issues for extension regarding the due date of ITR is correct.

  3. Bipin Mehta says:

    Tax payers should not be compelled to do something which is impossible for them to do. In many cases, Tax payers returns are ready but they are unable to file because the I T Server is down and in some cases they are unable to link their PAN with Aadhar. So, demand of extension is justified. The finance ministry must look into the matter and give relief to Such Tax payers.

  4. pbasu says:

    Giving wide media coverage is also disturbing. It consumes lot of time of consultants, in clearing the doubts of taxpayers, coz every taxpayer starts visiting and dialling. First time filing Individulas who try to start filing on their own, consume more time and hampers the speed of the servers. Good Article. Implementation is important than imposition.

  5. amit srivastava says:

    Due to the implementation of the GST law from 01.07.2017 and the necessity of linking of PAN with Aadhaar Number from 01.07.2017 while filing ITR, has caused severe problems to tax-payers. When the last date for filing ITR approaches the income tax e-filing site suffers great slowdown thereby leading to delay in filing the same as also once the session of login at e-filing portal is over the user has to re-enter the required details for login which involves a great hectic for the user especially in reference to the tax consultants, chartered accountants who file the large number of ITRs of their clients.

    Not only this, sometimes it also happens that the site goes under repair or shows technical problems in last days, even at the eleventh hour of filing the ITRs, which leads to the waste of the valuable time of the persons filing the ITRs .

    Therefore, looking to the above problems, keeping in view the interests of the taxpayers the e-filing site should be made more well equipped with the functions which provide the users of the site to restore the work done by them before the hanging up of the site and such breakdown of the site must be prevented.

    Assessees are getting messages for filing their ITR on due date of 31 July. The welfare of the honest taxpayers also lies in providing of the basic e-filing facilities and timely availability of the income tax e-filing site in working condition for the online submission of ITRs. In view of these hardships, faced by the users until the e-filing site is made more secured and strong enough the due date for the filing of returns must be extended in order to protect the taxpayers who are willing to file timely ITRs but due to the problems inherited in the site they are finding it difficult to do so on “due date”.

    As per Explanation 2 of section 139(1) of the Income Tax Act, 1961, for the purposes of the sub-section (1) of section 139, “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;

    (aa) in the case of an assessee who is required to furnish a report referred to in section 92E, the 30th day of November of the assessment year;

    (b) in the case of a person other than a company, referred to in the first proviso to this sub-section, the 31st day of October of the assessment year;

    (c) in the case of any other assessee, the 31st day of July of the assessment year.

    Therefore, keeping in view the hard realities due date, 31 July of filing income tax return should be extended to 30.09.2017 as correction in the PAN and Aadhaar, wherever is not linking, is also taking time and there are problems of internet, e-filing site and works relating to newly implemented GST.

  6. JAGANNATHA BASAPPA says:

    it is good message to everybody, i am also facing problem from morning , i am not able to file my income tax returns due to income tax website not working

  7. Shyama Bhat says:

    Mostly I T Department playing game in this regard because, the site will be available after evening. Hope it is purposely doing like this to give trouble to assessees and auditors

  8. SARAVANAN says:

    Due date to be extended.
    30th July 2017 – Night from 10.00 Pm onwards income tax e-filing website not working.
    Message displayed on 31st early morning (5.00 AM) Website is down due to Maintenance.

  9. Paul says:

    Good article. Question from a common man is that while Common Man is forced to comply everything within timelines even with the poorest infrastructure available in the Country, does Government Machinery have timelines, responsibility and accountability and are they penalized for their slack, lethargic approach.

  10. Dattatraya Vaidya says:

    An hour ago, I was trying to submit my return, i.e. at about 5 a.m. in the morning of 31.7.2017. I keep getting the server error. One screen said that it is under service will start after 9 hours. It means, I can not submit my return before 2 p.m. and depending of the progress of the service, may take still more time. It will cause more internet jam on the server. I wonder what will happen. I am individual. I have the necessary screen shot and video recording to prove what I have said. Hopefully, I should be able to file it in time. In case some one finds a problem and fails to submit it in time, for no fault of his own, post your email id and I will send you the necessary screen shots. It may help you.

  11. Sourav Chatterjee says:

    During last 4 days I have lost my precious two hours daily by hearing the contents of sms’s and emails in detail, which was send by the Income Tax dept. GST took most parts of the months of June & July, we the practitioners literally get two to three weeks to file income tax returns. heavy rain which caused devastating flood in the different parts of the country also a big issue. govt should consider all the facts to extend the due date.

  12. N.L.N.SWAMY says:

    Because of PAN linking with Aadhar ,slow website it is needed to extend the timefor filing of IT returns of non tax audit to 30-09-2017 and tax audit returns to 31-10-2017

  13. GANDHI MOHAN BHARATI says:

    This is NOT the only reason. The Central Govt have extended reporting date of TDS to 30th May; Form 16/16A to be given by 15 June; there is always difference in AS.
    It is a herculean task to make organisations like SBI, HDFC, ICiCI to listen to our grievances and correct the mistake and get it reflected in 26AS. Invariablly, I lose to the giants and ofcourse naturally to the greater Giant the Govt.
    Let the Govt firstr put in place a real grievance redressal mechanism and aid the honest tax payer whose TDS has already been collected. Give due credit and take to task the deductors. Asking the Assessee seems to be unfair..

  14. Sarbjit Randhawa says:

    I only wonder why everyone waits till the last minute to file the ITRs. Form 16/16A are available by the end May or latest by the first week of June. Almost Two months are available to file the returns. Those who delay must suffer. In any case everyone is required to keep his accounts updated on daily basis.

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