Kanpur Income Tax Bar Association (KITBA) has made a representation to CBDT Chairman for extending the period for filing return for Assessment Year 2017-18 under Section 139(4) of Income Tax Act, 1961 to 31.7.2018. Text of the Representation is as follows:-
KANPUR INCOME TAX BAR ASSOCIATION
First floor Aayakar Bhawan, Civil Lines, Kanpur – 208 001
Central Board of Direct Taxes,
Sub: Representation for extending the period for filing return for Assessment Year 2017-18 under Section 139(4) of Income Tax Act, 1961.
The undersigned as President of KITBA begs pardon to submit the following for your kind consideration and sympathetic orders:-
(1) As per provisions contained under sub-section (4) of Section 139 of Income Tax Act, 1961, an assessee was allowed to file his belated return of income before the expiry of one year from the end of relevant assessment year or before the completion of assessment, whichever is earlier. Therefore, for assessment year 2016-17. The assessee was allowed to file return under Section 139(4) till 31.3.2018.
(2) By Finance Act, 2016, with effect from 1.4.2017 i.e. assessment year 2017-18, the provisions of sub-section (4) were amended and now for assessment year 2017-18 and onwards, the assessee is allowed to file his return of Income at any time before the end of relevant assessment year or before the completion of assessment, whichever Is earlier, i.e. after 31.3.2018, an assessee is not allowed to file return under Section 139(4) for A.Y. 2017-18.
(3) Sir, this amendment is made for the first time, which has curtailed one year time for filing of belated return under Section 139(4). Although the provision was widely publicised by Hon’ble CBDT, but even then there are thousands of cases, where due to lack of awareness or some other reason, the assessees could not file return of assessment year 2017-18 till 31.3.2018.
(4) As per provisions contained under Section 119(2)(a), Hon’ble Board is fully authorized to grant extension of time for filing return of income, the date prescribed under Section 139 for the purpose of proper and efficient management of work of assessment and collection of revenue.
In view of facts and circumstances narrated above, Hon’ble Board is humbly requested kindly to pass order under Section 119(2)(a) allowing the assessee to file return of income for Assessment Year 2017-18 under Section 139(4) till 31.7.2018. It will not only be in the interest of revenue, as huge amount of tax will be collected, but also be a strong tax payers friendly step, in furtherance of Income Tax Department’s well publicised and propagated Historical programme OUT-REACH, started during last year, if the assessees are allowed to file the return, as requested.
Submitted for kind consideration.
Kanpur Income Tax Bar Association.