ICAI has further requested CBDT to extend time for submission of Tax Audit Reports and related returns from 30th September, 2018 to 31st October, 2018 as CBDT has not followed Norms of Earlier Years of discussing Important Changes in Tax Audit Report with ICAI, there was Constant changes in Utilities relating to Tax Audit Forms, Delay in release of utilities and there were Issue in utility of ITR Form No. 5.
ICAI has made a Similar Representation earlier on 31.08.2018 which can be accessed at the following link- Extend Tax Audit Due Date to 31st October, 2018: ICAI
ICAI has made its thirs representation on 17.09.2018, which can be accessed at the following link – Extend due date to submit Tax Audit Reports & ITR: ICAI
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
(Set up by an Act of Parliament)
ICAI/DTC/2018-19/Rep – 34
10th September, 2018
Shri Sushil Chandra Ji,
Chairman,
Central Board of Direct Taxes,
Ministry of Finance,
Government of India,
North Block,
New Delhi-110 001.
Respected Sir,
Further submissions: Reg. our representation dated 31st August, 2018 for extension of time for submission of Tax Audit Reports and related returns from 30th September, 2018 to 31st October, 2018.
This has a reference to the representation no. ICAI/DTC/2018-19/Rep — 27 dated 31st August,2018 submitted to your good office with a request for extension of time for submission of Tax Audit Reports and related returns from 30th September, 2018 to 31st October, 2018.
As you are kindly aware that ‘ICAI, being a partner in nation building, has always tried to strengthen the relationship between the taxpayers and the Department by placing before your good office, the difficulties being faced by assessees in respect of matters relating to direct taxes for appropriate solution. In view of the same, members have raised their concerns which were enumerated in the aforementioned representation.
In addition, to our above submissions, please kindly consider further submissions as follows:
Page Contents
1. Norm followed in earlier years:
It is pertinent to mention that in the year 2006-07 when the tax audit report was revised through Notification No. 208/2006 dated 10,8.2006, the same was made effective prospectively for AY 2007-08 and not retrospectively. Intact, in the AY 2006-07, despite of applicability of new forms prospectively, the due date of filing tax audit reports and their corresponding ITR were extended to 30th November, 2006. Similar approach should have been adopted this time also.
2. Constant changes in Utilities relating to Tax Audit Forms:
Continuous and regular updations are being made to the utility of Form No. 3CA/3CD and 3CB/3CD. Recently, the department has released/amended the utility of Form No. 3CB on 7th September 2018. Due to the frequent changes in the utilities, tax payers are facing difficulties in filing their tax audit reports efficiently as they need time to digest the changes. Such changes are causing further time consumption on the part of members.
Further, the changes made in the utility on 1st September, 2018 in Clause No. 9(a) of Form No. 3CB, there is a requirement of mentioning the details of the partners of the firm, which is a mandatory field. The present utility does not allow the assessee to enter any data in this field and the field is locked, inspite of the status of the assessee selected as partnership firm. Kindly refer to the representation no. ICAI/DTC/2018- 19/Rep – 32 dated 07th September,2018 highlighting the same. There has been no further update in this matter and the partnership firm’s auditors are not able to complete their audits due to this error.
The relevant screenshot of the error is as below:
3. Delay in release of utilities:
Due to the delay in e-enabling of return forms, the effective time available for filing of return of income became very less, causing genuine hardship to the assessees and members of the profession. The table below shows the effective time available for filing return of income/tax audit report(TAR) of A.Y.2018-19 whose last date for filing return of income/TAR falls due on 30th September, 2018:
S. No. |
ITR Forms/ TAR |
Time
|
Date of Notification |
Date of enabling E-Filing |
Delay in release of
|
Effective time available for filing of return of income/ TAR (from the date of
|
Numb er of
|
Last modified date |
1 | ITR 3 |
days | 03.04.2018 | 18.05.20 18 | 48 days |
135 days | 5 | 07.09.2 018 |
2 | ITR 5 & 7 | 183 days | 03.04.2018 | 21.05.20 18 | 51 days |
132 days | 5 | 01.09.2 018 |
3 | ITR 6 | 183 days | 03.04.2018 | 26.05.20 18 | 56 days |
127 days | 4 | 14.08.1 8 |
4 | Form 3CA,3CB, 3CD | 183 days | 20.07.2018 | 20.08.20 18 | 143 days | 40 days | 5 | 07.09.2 018 |
The relevant screenshots of ITR Forms & Form 3CD utilities updation are as under:
The main cause of concern for our members is that they need sufficient time to discharge all their professional obligations in an effective manner. It is also to be noted that whenever there is a schema change and the release of new utility by the CBDT, it requires time to understand the changes made in comparison to the earlier version. It is also seen that whenever the new utility is released, there are issues specially relating to the blocking of the mandatory fields for reporting, resulting in delay for completion of audit (Refer Point-2 for blocking of Clause 9(a) field).
Many assessees and auditors are using the softwares which are prepared by the software providers, based on the schema released by the CBDT. The software vendors take almost around a week’s time to update the software after the schema is released, due to which the working days get reduced.
More particularly, it is also our concern that the quality of audit conducted by them should not be compromised in any manner due to lack of sufficient time.
4. Issue in utility of ITR Form No. 5:
At present, the utility of ITR Form No. 5 is computing the late fee under Section 234F of the Income-tax Act, 1961 which is actually not leviable/applicable, since the return is filed within the time specified under the provisions of Section 139(1) of the Income-tax Act, 1961. Kindly refer to the representation no. ICAI/DTC/2018-19/Rep – 31 dated 07th September,2018 highlighting the same issue.
The relevant screenshot of the error is as below:
Reiteration of Suggestion:
In view of the above reasons and the reasons stated in our earlier representation, we suggest and request that the due date of filing returns of income under section 139(1) of the Income-tax Act, 1961 for assessees mentioned under clause (a) of Explanation 2 to section 139(1) and also the ‘specified date’ for filing tax audit reports be extended from 30th September, 2018 to 31st October, 2018 for AY 2018-19 as also the due date for filing tax audit reports.
We reiterate our request to grant an appointment to the undersigned as per your convenience to enable us elaborate our viewpoints.
We hope that our concerns would be favourably considered.
Yours faithfully,
-Sd‑
Chairman, Direct Taxes Committee
The Institute of Chartered Accountants of India
Sir one tension is going on when this date going to extend. Very much needed. Kerela related cases is there.please extend the date from Sept to oct
any hope for extention
Sir ji aab extend kar do, kahi der na ho jaye kahi der na ho gaya
Kindly extend due date to 31-10-2018 for AY 2018-19. Its causing inconvenience for tax auditors to comply and to the new changes in the forms. And Most importantly there is constant technology crunch, unable to download 26AS & other services in income tax website. There is also pressure during this month due to Advance tax work, DIR KYC work and GST Filings. I request your good office to consider and extend the due date immediately so that there is no compromise in quality of audit and filings
It is next to impossible to do a qualitative Taxaudit work under this pressurised environment and to file a return . The Shortage of quality staff , constant changes in audit report , more responsibility due to GST e.t.c. puts lot of mental and physical pressure on the professional fraternity , However this present inactive government is not bothered about all this and satisfied/ happy in collecting more ” penalty” !!! rather than Tax . Instead of consulting or hearing to the professional community our FM is busy in listening to bureaucrats, who always mislead and never takes responsibility . We once again ask the Government to extend the due date , by doing so the government is not doing any favour but as duty ! The common , harassed , business/ trade community is eagerly waiting to 2019.
THESE CBDT ARE ALWAYS PUT US IN TENSION IN THIS PERIOD. EVERY YEAR WE ARE REQUESTING TO EXTEND THE DATE, EVERY YEAR WE ARE EXPLAINING OUR PROBLEMS, BUT WHY GOVT NOT TAKING SERIOUSLY..
Sir if today due date not extend by govt kindly inform to media for our problems or pettition file in court and we decide that if date not extend we VOTE NOTA IN 2019 ELECTIONS
Yes Absolutely it will be extended to 31st October due frequently amendment in the prescribed forms
Sir.But who try cares for us?It is impossible for us to carry continuous works pressure in life But govt has no sympathy for us.Early announcement can give us some oxygen in our life. But who cares? for god i pray to government Please release it by extending due date up to 30-11-2018
Thanks…..
Sir.But who try cares for us?It is impossible for us to carry continuous works pressure in life But govt has no sympathy for us.Early announcement can give us some oxygen in our life. But who cares? for god i pray to government Please release it by extending due date up to 30-11-2018
Thanks…..
Dear Sir,
Pls Refer previous year extensions, at the time of previous year their is no that much of pressures like VAT,Service Tax & Etc., then also extended but now We are facing several problems in GST. so pls extend the date at least upto 30.11.2018 please issue the Notification/ Circular to that effect as soon as possible.
Please extend the date for minimum 0ne month.
Lots of pressure and mently disturb so extend the date for a month.
SIR KYA HUM LOG SUSIDE KAR LE MAI ACCOUNTANT HOON GST KARE KI AUDIT
To.
Shri Sushil Chandra Ji,
Chairman,
Central Board of Direct Taxes,
Ministry of Finance,
Government of India,
North Block,
New Delhi-110 001.
Respected Sir,
Sir please extend the tax audit due date from 30.09.2018 to 31.10.2018. Sir we are realy uncontrolable to do work becoz too much work load of GST & We were busy up to 31.08.2018 for filing of individual ITR returns. So please kindly extend the due date up to 31.10.2018..It is better to announce on 17.09.2018.
Thanking You
Yours truly
Mohammad Gous Pasha
Tax Consultant..
Please Extend Due Date immidiately..
Do not delay more in announcement of notification
CBDT’s delay is increasing our pressure..
If you do delay…we r unable to do our work in perfact manner..
plz
its a request and its a need…
Pls extend due date 31.10.2018 we are in live fully pressur and deprecion. Pls extend pls pls pls
GST 9C released on13.09.2018 which will effect TAX Audits so we have to carefully verify all the matters. So kindly Extend the due for filling 44ab Cases till 30.11.2018
Please Extend Due Date 30 Sep To 31 Oct-18
Please Extend Due Date 30 Sep To 31 Oct-18
Please Extend Due Date 30 Sep To 31 Oct-18
please extend due date 30.11.2018
Hope a positve response on monday 17.08.18
as changes in form 3 CB CD are being brought out even upto now its important professionals be given due time to complete their job effectively. Time should be extended to 30 Oct in the least.
This is suicidal situation for us so please extend the due date up to 31-10-2018
DEAR SIR
WE REQUEST URGOODSELF TO DO THE NEED FULL, AS IT IS HIGH TIME WE EXPECT SOME RESPONSE FROM CBDT ASAP. INSTEAD OF IGNORING IT, ALTHOUGH IT IS REPRESENTED BY ICAI TWICE. WE HOPE FOR POSITIVE RESPONSE .
Very arrogant and unjustifiable attitude by the Ministry of Finance and Finance Minister. They will declare the dates on 28th only. till then they are busy in collecting taxes for forthcoming elections. I doubt it is a government or goondas..
what will be the use of date extension on 28th or end of month.
am an accountant and working under heavy pressure for gst return and tax audit. please extend the date upto 31st october to release some pressure and also request to announce it asap. we are very much under pressure as all our time was consumed upto 31st aug for finalising non audit cases in view of penalty
Please Extend Due Date 30 Sep To 31 Oct-18
केंद्रीय प्रत्यक्ष कर बोर्ड के अध्यक्ष महोदय से निवेदन है कि समस्त आईटी दाखिल करने के फॉर्म निश्चित रूप से अप्रैल माह के प्रथम सप्ताह में जारी करें जिसमें ऑडिट रिपोर्ट के सभी प्रकार के प्राप्त फॉर्म प्रथम सप्ताह तक उपलब्ध हो एवं यह सुनिश्चित करें कि स्थिति के पश्चात ऑडिट रिपोर्ट के फॉर्म में किसी प्रकार का कोई संशोधन नहीं किया जाएगा जिसे प्रत्येक चार्टर्ड अकाउंटेंट एवं व्यापारी अच्छी तरह से समझ कर रिपोर्ट दाखिल करने में सहज महसूस करे एवं विभाग को यह बात अच्छे से समझ लेनी चाहिए कि प्रत्येक ऑडिट एवं रिटर्न दाखिल करने का कार्य पेशेवर व्यक्ति जैसे कि चार्टर्ड अकाउंटेंट कर सलाहकार एडवोकेट के माध्यम से किया जाता है एवं उन्हें इस कार्य को करने के लिए एक उचित एवं पर्याप्त समय देना आवश्यक है ताकि इनके द्वारा दाखिल किए जाने वाले आयकर रिटर्न त्रुटि होने की संभावना समाप्त हो जाए इस संदर्भ में केंद्रीय प्रत्यक्ष कर बोर्ड के समुचित अधिकारी से पुनः निवेदन करता हूं कि ऑडिट रिपोर्ट दाखिल करने की अंतिम तिथि में न्यूनतम 1 माह की अतिरिक्त समयसीमा प्रदान की जाए धन्यवाद
केंद्रीय प्रत्यक्ष कर बोर्ड के अध्यक्ष महोदय से निवेदन है कि समस्त आईटी दाखिल करने के फॉर्म निश्चित रूप से अप्रैल माह के प्रथम सप्ताह में जारी करें जिसमें ऑडिट रिपोर्ट के सभी प्रकार के प्राप्त फॉर्म प्रथम सप्ताह तक उपलब्ध हो एवं यह सुनिश्चित करें कि स्थिति के पश्चात ऑडिट रिपोर्ट के फॉर्म में किसी प्रकार का कोई संशोधन नहीं किया जाएगा जिसे प्रत्येक चार्टर्ड अकाउंटेंट एवं व्यापारी अच्छी तरह से समझ कर रिपोर्ट दाखिल करने में सहज महसूस करे एवं विभाग को यह बात अच्छे से समझ लेनी चाहिए कि प्रत्येक ऑडिट एवं रिटर्न दाखिल करने का कार्य पेशेवर व्यक्ति जैसे कि चार्टर्ड अकाउंटेंट कर सलाहकार एडवोकेट के माध्यम से किया जाता है एवं उन्हें इस कार्य को करने के लिए एक उचित एवं पर्याप्त समय देना आवश्यक है ताकि इनके द्वारा दाखिल किए जाने वाले आयकर रिटर्न त्रुटि होने की संभावना समाप्त हो जाए इस संदर्भ में केंद्रीय प्रत्यक्ष कर बोर्ड के समुचित अधिकारी से पुनः निवेदन करता हूं कि ऑडिट रिपोर्ट दाखिल करने की अंतिम तिथि में न्यूनतम 1 माह की अतिरिक्त समयसीमा प्रदान की जाए धन्यवाद
Please extend tax audit due date atleast 31st october 2018
Sirji, This is BJP Government, Heart Less PM & FM.
Apni Jeb Bharne se Fursat ho to Hamari Sunage. Kyonki inhe pata hai 2019 ke Chunav bhi yeh hi Jitenge
sir,All CA’s under the pressure now,doing work like anything almost 14-18 hour spending at office, giving notification after 20th no useful,update with 1 or 2 days,
sir,earlier giving notification is better, now all ca’s
are under the pressure, giving notification after 20th no useful.
Sir, we ,professional are under very heavy pressure, please extend the date of tax audit
This is a deep request on behalf of Auditors,Tax Practitioners and Business community who comes under tax audit for filing income tax returns for F.Y.2018-19 from 30th September 2018 to 31st October 2018. The reason being is this is the first of year of GST,in which so many problems faced in respect of GST software resulting in delayed in filing the Returns and even some times wrong returns have been filed, which is needed to be rectified. If the the date extends for one month it will be highly appreciated.
Sir can we expect by evening or by tomorrow good news of extension. First time institute presented requesting representations twice. Before last year we went to high Court in this first state is karnataka. So tomorrow please file for extension.
Due date for filing of 44AB returns should be after the due date for filing audit report under GST. Reason being several changes are likely to take place in GST returns filed between July 17 to March 18. We can not report different figures of sales or purchases in GST and Incometax returns. This being first year of GST regime, all of us have to correct the GST returns in September GST returns for which due date is 31st October. So, unless GST returns are finalised, it’s very very difficult to finalise income tax returns.
Please extend date up to 30th November
CBDT ask to file the TAR and ITR in time what they declared but not in mood to give a quick response to representation of ICAI which is issued twice.
THE GOVERNMENT SHOULD TAKE NECESSARY STEPS TO EXTND THE DEADLINE TO 31-10-2018. THE GOVERNMENT MUST SEE THE WORRIES OF TAX PROFESSIONALS, ACCOUNTANTS, TAX PRACTITIONERS CAUSED MAINLY DUE TO GST REGIME. SELF-EMPLOYED PEOPLE WHO ARE ASSOCIATED WITH THEM ARE ALSO IN TROUBLE.
केंद्रीय प्रत्यक्ष कर बोर्ड के अध्यक्ष महोदय से निवेदन है कि समस्त आईटी दाखिल करने के फॉर्म निश्चित रूप से अप्रैल माह के प्रथम सप्ताह में जारी करें जिसमें ऑडिट रिपोर्ट के सभी प्रकार के प्राप्त फॉर्म प्रथम सप्ताह तक उपलब्ध हो एवं यह सुनिश्चित करें कि स्थिति के पश्चात ऑडिट रिपोर्ट के फॉर्म में किसी प्रकार का कोई संशोधन नहीं किया जाएगा जिसे प्रत्येक चार्टर्ड अकाउंटेंट एवं व्यापारी अच्छी तरह से समझ कर रिपोर्ट दाखिल करने में सहज महसूस करे एवं विभाग को यह बात अच्छे से समझ लेनी चाहिए कि प्रत्येक ऑडिट एवं रिटर्न दाखिल करने का कार्य पेशेवर व्यक्ति जैसे कि चार्टर्ड अकाउंटेंट कर सलाहकार एडवोकेट के माध्यम से किया जाता है एवं उन्हें इस कार्य को करने के लिए एक उचित एवं पर्याप्त समय देना आवश्यक है ताकि इनके द्वारा दाखिल किए जाने वाले आयकर रिटर्न त्रुटि होने की संभावना समाप्त हो जाए इस संदर्भ में केंद्रीय प्रत्यक्ष कर बोर्ड के समुचित अधिकारी से पुनः निवेदन करता हूं कि ऑडिट रिपोर्ट दाखिल करने की अंतिम तिथि में न्यूनतम 1 माह की अतिरिक्त समयसीमा प्रदान की जाए धन्यवाद
am an accountant and working under heavy pressure for gst return and tax audit. please extend the date upto 31st october to release some pressure and also request to announce it asap. we are very much under pressure as all our time was consumed upto 31st aug for finalising non audit cases in view of penalty
Is any writ filed before any highcourt? or any one is going to file?
sir
its high time if u issue the circular atleat tomorrow it will be a great releif . since its all in time and tension . pl do extend till nov 30 2018
thanks
sir
its high time if u issue the circular atleat tomorrow it will be a great releif . since its all in time and tension . pl do extend till noc 30 2018
thanks
SIR PLEASE POST THIS ON SOCIAL MEDIA FOR EFFECTIVE RESPONSE
It is humble request to extend the due date of tax audit from 30 Sep 2018 to 31 Oct 2018. Because I am also an accountant and very stressed due to due date of tax audit of 30 Sep. I want to share one more thing that to match GSTR2A with purchases as per books is also very tedious job. Because 2017-18 was the first GST year and there were number of confusions and complications to manage all the data in accuracy. So its a request from me and all the accountants.
Awaiting the due date extension notification asap…
Thanks
Dear Sir,
All CAs are expecting an extension on account of genuine reason and to maintain the integrity and to perform on the accountability they have on the part of Income Tax Department. You should now not delay too much It is really the right time to declare the extension already you will have to give extension for Kerala due to flood. So kindly please be a humble and declare the extension atleast by 17th. Since there is no value of the same if you will declare after 20th kindly take you valuable step in time. The CA who are filing the TAR in hurry may have to go for compromise in quality which is required to be maintained by them.