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
Dear sir,
Extend Tax Audit & Income Tax Returns Due Date to 31st October, 2018
Kindly extend the Audit due date for filing Tax and ITR upto 30.11.2018. This is humbly request from all professionals. Please sir extend the date immediately.
ICAI should go to SC as early as possible to get extension as the British era Bureaucrats and worn out politician of nation will never and ever understand the genuineness of the problem faced by the Business community and Professionals who are back born of our economy . They have already killed half of the business SSI units in our country by Note ban and GST , now they have decided to collect more penalty by not extending the due date ! This present dispensation is power hungry and happy only collecting penalty not Tax !
Kindly extend the date for filing tar and itr upto 31.10.2018. This is humbly request from all professionals. Please sir extend the date immediately.
Kindly extend date of Itr and audit report
Sir, kindly extend the tax audit report and Itr filling up to 30 November 2018
exted the date to 31.
10.2018
HI SIR PLEASE EXTEND THE TAX AUDIT RETURNS DUE DATE TO 30TH NOVEMBER 2018
PLZ EXTEND TAX AUDIT DUE 31.10.2018
We are from Kerala, facing a lot of problems and back to life after a flood disaster. Kindly extend the last date for filing IT return upto 30.11.2018.
ये जेटली और उसके मंत्रालय की तानाशाही है जिसका उद्देश्य आजकल late fees औऱ पेनाल्टी से राजस्व इकठ्ठा करना हो गया है ।
Reply
Please extend tax audit due date to 15 November 2018
Pls can extend the date up to 30 November 2018.
मेरा बार एसोसिएशन से विनम्र निवेदन, अब किसी रिक्वेस्ट की ज़रूरत नही , अब हमारे पास एक ही रास्ता बचा है न्यायालय । अब हमें इन तानाशाहों से अपना हक न्यायालय द्वारा ही लेना होगा । जैसा पिछले 4 सालों में देखा गया है । जिसमें गुजरात के बार एसोसिएशन सबसे अग्रणी रहे और पूरे देशवाईयो को उनका अधिकार दिलाया । 2015 में पंजाब के गर्ग जी का भी भारी योगदान रहा जिसमें पंजाब हरियाणा उच्च न्यायालय ने CBDT को दिशा निर्देश दिया है लेकिन CBDT न्यायालय के उस निर्देश की भी अवेहलना कर रहा है । ये जेटली और उसके मंत्रालय की तानाशाही है जिसका उद्देश्य आजकल late fees औऱ पेनाल्टी से राजस्व इकठ्ठा करना हो गया है ।
I FEEL Mr. Jaitely Doesn’t understand glitches of our profession and doesn’t understand the way profession contribution in implementation and regularize the GST regime and appraching our request roothlessly
GFTC and ITBA has Requested Honourable Finance MInister to extend due date of 30th Sept. 2018 for submission of Tax Audit Reports and related I. Tax Returns for Ass. Yr. 2018-19 to 30th November 2018 vide its representation dated 17/09/2018.
what we are maintain in book as per gstr1 or gst3b, there is lot’s of problem match the book. if you r extend date, please reply immediately. you just making a rule but not properly follow. I think you must be extend the audit date. hope u understand the problem of ca and accountant. there is no time to rest them. Please stop burden.
Please extend the date up to 30.11.2018
To : The FM
Sir
Please Extend Tax Audit & Income Tax Returns Due Date to 31st October, 2018
Extend Tax Audit & Income Tax Returns Due Date to 31st October, 2018
sir please extend the audit last date 31.10.2018
dear sir alreadty 17 over 20 is approaching for gst returns please extend the date sir nothing you going to loose but we get some relief. This is our humble request for date extension.sir please sir we all very thankful to u
Sir any state is approaching court for our right for extension please be fast sir. Gst to file. Cbdt knows this requests sir that so many are writing or just we are writing and we are reading our own words.
Any hope
Dear Honorable Prime Minister and Finance Minister,
I am a practicing chartered accountant and a citizen of this independent nation. There are approximately 125000 CAs who are in full time practice like me. This number may not be a big vote bank for you to win the election. But, This number plays a vital role for generating the revenue with which you run the government. I need to write these lines with a pain that you are governing a government with a mindset of negativity. You are taking all the decisions with a preconceived notion that all citizens of the country are Liars, Tax Evaders, Law breakers. I don’t see your fault in this because you have grown up in this country looking around you the same environment. But, I will like to say with full confidence in my countrymen that take a chance and take decisions by putting trust on your citizens, your team members, your workers and more importantly on those who are playing a vital role in nation building i.e, on us chartered accountants. You will feel that nation can also develop without harassing the people.
THERE ARE FEW QUESTIONS ARISING IN MY MIND JUST PUTTING BEFORE YOU TO PONDER:
I agree that the MODI government is spending a lot of money on infrastructure development.
I agree that the MODI government is spending a lot of money on Education.
I agree that the MODI government is spending a lot of money on upliftment of poor.
I agree that the MODI government is spending a lot of money on medical facilities.
I agree that the MODI government is spending a lot of money on foreign travel.
I agree that the MODI government is spending a lot of money on advertisement of above activities.
BUT THE BIG QUESTION IS THAT FROM WHERE THIS MONEY IS COMING?
You will also agree that it is coming from Income Tax Payers.
You will also agree that it is coming from GST Payers. i.e., Consumers and Businessman
You will also agree that it is coming from VAT and Excise of Petrol and Diesel.
You will also agree that it is coming from other taxes.
You will also agree that it is coming from interest, late fees and penalties on above taxes.
NOW EVEN BIGGER QUESTION IS THAT WHOM YOU NEED TO GENERATE THIS REVENUE SMOOTHLY?
You will agree that you will need Chartered Accountant to Prepare Income Tax Return and Chalan.
You will agree that you will need Chartered Accountant to Prepare GST Return and Chalan.
You will agree that you will need Chartered Accountant to Prepare VAT Return and Chalan.
You will agree that you will need Chartered Accountant to verify accounts and certify Tax Audit Report.
You will agree that you will need Chartered Accountant to verify accounts and certify GST Audit Report.
You will agree that you will need Chartered Accountant to verify accounts and certify VAT Audit Report.
BIGGEST QUESTION IS THAT WHAT YOUR GOVERNMENT HAS GIVEN TO A CHARTERED ACCOUNTANT IN LAST TWO YEARS?
EXTENDED WORKING HOURS
STRESSED MENTAL HEALTH
DISTURBED SOCIAL AND FAMILY LIFE
HIGH BLOOD PRESSURE
ANXIETY ABOUT DEADLINES
STRUGGLE TO STRIKE WORK LIFE BALANCE
SATIRE BY YOUR SWEET TONGUE
It is not just about extending or not extending a deadline of filing tax audit report, but it is about to maintain grace of the profession, giving respect to the high standards followed by the members of the profession and dedication with which the members are serving for the cause of nation. The only request by a loyal citizen of the country and a professional is LEARN TO HAVE TRUST AND GIVE RESPECT IF YOU WANT THE SAME IN NEXT ELECTION.
Please the extend the time limit
Not to request govt
Show his courage and all ca stop filling till extention of audit date
Single audit should not be uploaded
Date should be extended
Please extend the date up to 30.11.2018
Respected authorities extension of date is very
needful to us as a taxation professional because so many causes around us which are creating problems to clients and as well as professional
A film’s dialogue “Mangne ki tarah maang, ‘Khuda’ apne bandon ki iltejayen kabhi nahi thukrata” Mughl-e-Azam’. But in this sovereignty Rights to demand is restricted, prohibited. although beg an ‘Alms’ is may be requested. Such as in last year’s 7 days ‘Alms’ to taxpayer (a back bone of economy) which has gone on ventilator at that time, That 7 days taken them out in ICCU from ventilator, at the last time announcement. by CBDT.
FM,
Sir, Gain Blessings for your Good Health/Long Life and Election’19 of all Tax Payers/ITR Preparers by Extension of due date of ITR (Audit).
Extend Tax Audit & Income Tax Returns Due Date to 31st October, 2018
SIR
EXTENSION AND NOT ANY RELAXATION IS THE BURNING DEMAND OF THE HOUR AND THAT TOO BECAUSE OF GST COMLICATIONS THROUGHOUT THE YEAR AND OUR WORTHY
OFFICERS MUST GRANT
due to g s t to file income tax returns work is very burden pl extend time up to dec31st 2018 to file it returns
dear sir alreadty 17 over 20 is approaching for gst returns please extend the date sir nothing you going to loose but we get some relief. This is our humble request for date extension.sir
sir i request all c a associations from all corner of country to file with high court or supreme court from their respective states for the sake of us. clients are not co operating first they want gst to file.
The Bad & arrogant FM.
Sir Please extend the Last Date for Audit 30/11/2018.
sir please extend the audit last date 31.10.2018
Now it should be clear that date will be extend or not by respective authority.
When there was not GST burden, in previous years we have filed Audit ITR on or after 31/10. Then why in this year it is asked to file on 30/9
This is relay not possible to do before 31/09/2018 its like harassment
Yes Absolutely it will be extended to 31st October2018
WHY CBDT IS SO ARROGANT?
KIDLY EXTENDED THE AUDIT LAST TO OCT 31ST 2018.
AND THE SAME BE NOTIFIED BY GOVT CIRCULAR.
Please extend due date up to 31.10.2018 atleast and notify the same ASAP.
ANY HOPE FOR EXTENTION
Please Extend Due Date immidiately.
Do not delay more in announcement of notification
CBDT’s delay is increasing our work pressure.
Sir today 17 clients not Co operating gst to file on, 20 please extend the audit cases till October 31 do the needful. Twice Icaa has requested for extension.