Taxation Bar Association, Ludhiana has requested CBDT to extend the due date for furnishing the tax audit report and Income Tax tax return to be extended for a month to 31st October 2018. Relevant Text of Representation is as follows:-

Sub: Request for Extension of due date for filing tax audit report and return of income u/s 139 of the Income-tax Act, 1961.

Respected Sir,

– Taxtion Bar Association , Ludhiana is an association of more than 250 Advocate & Tax Practitioners.

–  Section 139(1) requires the assessee whose accounts are required to be audited under Section 44AB of the Act to submit their tax audit report and the return of income electronically by 30th September 2018. Section 234F introduced vide Finance Act, 2017, mandates Fees of Rs. 1000 / Rs. 5000, in case Return of Income is not filed upto the due date specified in Explanation 2 to Section 139(1). Further, there is no remedy or relief provided in the Act, against this fee.

– Further, subsequent thereto the schema for uploading form 3CD has undergone a change. In fact this is sixth revision in tax audit report schema this year. It is known that a large part of practitioners use third party software for filing of these forms due to ease in interface of usage. Most of these suppliers had not till 5th September 2018 released the updated version of form 3CD.

– The Institute of Chartered Accountants of India (ICAI) has released an implementation guide for the revised form 3CD only on 23rd August 2018. This guide is essential for tax auditors to understand the amendments and report the same in form 3CD.

– Further the due date for filing of return of income for non tax audit cases was extended from 31st July 2018 to 31st August 2018 as the relevant forms and schema were not available on 1st day of assessment year.

– Your goodself will therefore appreciate that the effective time accorded to assesses who are subject to a tax audit u/s 44AB to get their books of account audited and also for the tax auditors to submit the tax audit report in the revised form 3CD is only from 23rd August to 30th September. The effective period is 38 days as against the statutory period of 183 days under the Act (1st April to 30th September).

– The Goods and Service Tax has been introduced in the country as a historical economic reform on 1st July 2017. The problems faced by a vast majority of tax payers in the first year of its implementation are not unknown to anyone. As per section 16(3) of the Central Goods and Services Tax Act, 2017, the last return in which input tax credit can be claimed by a registered person for the financial year 2017-18 is September 2018 failing which the tax credit shall lapse. This is requiring all the registered persons to prepare the annual reconciliation of input tax credit available and input tax credit availed for financial year 2017-18. This is a new requirement which the tax practitioners have to comply in this month.

– To facilitate the conduct of qualitative filing of Income Tax Returns and Tax Audit Reports smoothly the due date for furnishing the tax audit report and hence the tax return requires to be extended for a month atleast.

– We request your goodself to kindly consider the above issue on priority basis and issue the necessary directions as may be needed u/s 119 of the income tax Act, 1961 well in time. The above changes, would go in line with the legislative intent of providing sufficient time for conduct of tax audit and preparation and furnishing of correct Income Tax Returns.

We look forward to your kind and thoughtful intervention and taking up our request

for kind consideration.

Thanking you,

Sincerely,

Sd/-
Karan Chawla, Adv.
General Secretary
Taxation Bar Association
Aaykar Bhawan, Rishi Nagar ,
Ludhiana.
Sd/-
Inderjit Singh Malhi, Adv.
President
Taxation Bar Association

Download Request for Extension of due date for filing tax audit report by Taxation Bar Association, Ludhiana

More Under Income Tax

Posted Under

52 Comments

  1. Prasad says:

    WHY EVERY YEAR WE FIGHT WITH CBDT.
    STOP WORKING AND FILING RETURNS.
    THE CONSULTANTS HAVE WORKED HARD FOR LAST ONE YEAR RESULTING IN INCREASE IN RETURNS FILED BY 150%.
    IS NOT THE RESPONSIBILITY OF GOVT TO PROVIDE PROPER FACILITIES.
    IS IT CORPORATE GOVERNANCE ?

  2. SARASWATHI & CO., says:

    Sir,
    It is very important to extend time, all the returns like GST, Advance tax, non-tax audit return up to 31st august.,2018 and regular circus with GST returns.
    Hence, we request to extend the due date up to 31st October.,2018

  3. Shanthi Ramesh says:

    It is pertinent that the date is extended to save many for health hazards due to undue pressure in filing GST as well as IT Returns.

    Please extend the due date to 31.10.2018.

  4. Shahul says:

    Sir now I request bar association with highly practicing professionals to approach high court please. Since from 15days we are requesting cbtd but in vain now we are requesting you sir please don’t do like cbtd. Please we are awaiting your favourable reply with writ petition

  5. Abdul Salam K K says:

    We are from Kerala, We affected floods in last month and many of the production units and shops are in the process to restart their work. So our works are in pending as some of clients can not provide the details in time. Could please extend the due date to 30th Nov 2018.

  6. Abbi says:

    Sir you know very well sir our position now 12.40night working staff gone gst work started to file 20th audit clients work is going pending so sir case with high courts sir only 12 days sir please do something sir.

  7. san says:

    Is there any representation given to Government on the numerable works with short due dates and especially penalty oriented. Clients given all the burden upon us. We have to do all them with in due dates. If we failed we have to face clients and government in a same time. We are working stress fully from last July itself. We lost everything for our Practice. How many of us are under medical treatment, how many of us suffered mental torture. So we have to give some strong representation to Government or Court. Because all Government staff have strong associations for them so they initiate protests when ever they suffered. But what we have, how we can do it. So either we have loose clients or we have to switch over other duties. What a pity on us. So please get unity and alteast tell our stress to Government. There is a proverb that “ONLY CRYING CHILD WILL GET MILK” .Thanks to all.

  8. SAN says:

    Is there any representation given to Government on the numerable works with short due dates and especially penalty oriented. Clients given all the burden upon us. We have to do all them with in due dates. If we failed we have to face clients and government in a same time. We are working stress fully from last July itself. We lost everything for our Practice. How many of us are under medical treatment, how many of us suffered mental torture. So we have to give some strong representation to Government or Court. Because all Government staff have strong associations for them so they initiate protests when ever they suffered. But what we have, how we can do it. So either we have loose clients or we have to switch over other duties. What a pity on us. So please get unity and alteast tell our stress to Government. There is a proverb that “ONLY CRYING CHILD WILL GET MILK” .Thanks to all. If any wrongly told please forgive me.

  9. MURLAI says:

    WHEN NEW TAX LAW IS IMPLEMENTED (GST) INDIRECT TAX LAW INDIA WIDE EXTENDING TIME FOR TAX AUDIT FOR THAT RELEVANT PERIOD IS MINIMUM COOPERATION TO THE TAX AUDIT ASSESSEES, BY GRANTING THAT TIME AUDIT REPORTING AND AUDITING WILL BE COMPLETED ACCURATELY , PRESUMING DEPTT. MAY KNOW ALL THESE

  10. G C PRAMANIK says:

    The introduction of revised 3CD-CB only a few days before the due date of submission audit report is quite undemocratic and dictatorship, the democratic like people should come forward and raise a voice against the undemocratic move of the present govt.
    thanks,

  11. G.C.PRAMANIK says:

    The introduction of revised 3CD-CB only a few days before the due date of submission audit report is quite undemocratic and dictatorship, the democratic like people should come forward and raise a voice against this undemocratic move of the present govt.
    thanks,

  12. ANUJ RAWAT says:

    YE EKDAM LAST ME AT LEAST 30.9.18 KO EXTEND KREGE BHAI YE TO SIRF JAB TAB RULE CHANGE KRNA JANTE HAI BAS AUR KUCHH AUR AM ADMIE SE LATE FEES WASULNA

  13. krishna chandra agarwal says:

    i request that do not make prestige issues , try to understand the situation. it is very strangable that you are making unwanted amendments in G S T, just like in E WAY bill, to win the election only, but not considering the reasonable matter to extend due date
    of tax audit

  14. RAKESH K MILWANI says:

    Chartered Accountants and Tax Practitioners will find innumerable excuses for delaying the filing of Returns, be it GST or Income Tax or MCA Annual Returns. There seems to be no justification even in requesting for extension of date for filing Return of Income

  15. Jagdish Khandelwal says:

    I think Giriji has very rightly stated that it is the time to move to the court for extension of time rather requesting the government on the issue.I think they create such a situation intentionally so that we beg them for the time and their ego get satisfied. Late fees and penalty has become their revenue collection devices.

  16. sreelathasreekumarr says:

    Dear Sir

    We have tried to upload DIR 3 INTHE WEBSITE OFMCA on 15.09.2018 . during the day the site was not working – hence we were not able to file the returns . The whole day up to 12 ;o clock we have tried ,so kindly try to extend that date also

  17. दीपेश जोशी says:

    अब तो ऐसा ही लग रहा है । इस सरकार को चुनकर गलती करी है । इतने रिप्रजेंटेशन के बावजूद अगर कोई रिस्पांस नही आता है तो ये तानाशाही ही है । दो से तीन दिन बचे होंगे तब एक्सटेंसीन का कोई मतलब नही है ।

  18. Mantu Giri says:

    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 ।

    1. KRISHNA GOPAL TULSYAN says:

      Mr.Giri ji namaskar APKE UDGAR BILKUL SAHI HAI.LEKIN AAM PUBLIC KO KYA MATLAB HAI.JITNA TO MODI JI KO HAI JETALI JI TO BAS MUGAL SHASHAN KI YADE TAJA KAR RAHE HAI……….

Leave a Comment

Your email address will not be published. Required fields are marked *