Extension of Due Dates for filing ITR – Decoding the Confusion

THE TAXATION AND OTHER LAWS (RELAXATION AND AMENDMENT OF CERTAIN PROVISIONS) BILL, 2020 has created a lot of confusion regarding due dates of filing Income tax Returns for FY 2019-20 and FY 2020-21 and few other due dates.

So, is the last ITR filing dates for AY 2019-20 and 2020-21 have been extended up till 31^st March 2021?

SECTION 3 of THE TAXATION AND OTHER LAWS (RELAXATION AND AMENDMENT OF CERTAIN PROVISIONS) BILL, 2020; as provided below:-

3. (1) Where, any time limit has been specified in, or prescribed or notified under, the specified Act which falls during the period from the 20th day of March, 2020 to the 31st day of December, 2020, or such other date after the 31st day of December, 2020, as the Central Government may, by notification, specify in this behalf, for the completion or compliance of such action as—

(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval, or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the specified Act; or 

(b) filing of any appeal, reply or application or furnishing of any report, document, return or statement or such other record, by whatever name called, under the provisions of the specified Act; or

 (c) in case where the specified Act is the Income-tax Act, 1961,—  

(i) making of investment, deposit, payment, acquisition, purchase, construction or such other action, by whatever name called, for the purposes of claiming any deduction, exemption or allowance under the provisions contained in—

(I) sections 54 to 54GB, or under any provisions of Chapter VI-A under the heading “B.-Deductions in respect of certain payments” thereof; or

(II) such other provisions of that Act, subject to fulfillment of such conditions, as the Central Government may, by notification, specify; or  

(ii) beginning of manufacture or production of articles or things or providing any services referred to in section 10AA of that Act, in a case where the letter of approval, required to be issued in accordance with the provisions of the Special Economic Zones Act, 2005, has been issued on or before the 31st day of March, 2020,

and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action shall, notwithstanding anything contained in the specified Act, stand extended to the 31st day of March, 2021, or such other date after the 31st day of March, 2021, as the Central Government may, by notification, specify in this behalf: 

Provided that the Central Government may specify different dates for completion or compliance of different actions: 

Provided further that such action shall not include payment of any amount as is referred to in sub-section (2): 

Provided also that where the specified Act is the Income-tax Act, 1961 and the compliance relates to—  

(i) furnishing of return under section 139 thereof, for the assessment year commencing on the—

(a) 1st day of April, 2019, the provision of this sub-section shall have the effect as if for the figures, letters and words “31st day of March, 2021”, the figures, letters and words “30th day of September, 2020” had been substituted;

(b) 1st day of April, 2020, the provision of this sub-section shall have the effect as if for the figures, letters and words “31st day of March, 2021”, the figures, letters and words “30th day of November, 2020” had been substituted;

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Section 3(1)(c) of the said bill extends the due date for various compliances under Specified Acts to 31^st March 2021. However, the 3^rd proviso of section 3(1)(c) provides an exception to this and states that in case of due date for filing Income Tax Returns for AY 2019-20 30^th September 2020 is to be substituted in place of 31^st March 2021 and in case of due date for filing Income Tax Returns for AY 2019-20 30^th November 2020 is to be substituted in place of 31^st March 2021.

Hence the due date for filing Income Tax Returns for:-

• AY 2019-20 (FY 2018-19) is 30^th September 2020,
• AY 2020-21 (FY 2019-20) is 30^th November 2020 and
• Due date for filing audit reports of AY 2020-21 would be 31^st October 2020

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The author can be reached at caidrismk@gmail.com