In its notification on July 13, the Income Tax Department has allowed one-time relaxation to the taxpayers for such one- time relaxation for the taxpayers under the verification of tax-returns that are pending due to non-filling of the Form ITR-V. The relaxations have been given those pending due to the non-filling of the form of ITR-V Form and processing such returns. This one-time benefit is for the taxpayers for the verification of tax returns for the assessment years 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20 that are unresolved due to non-filing of ITR-V Form and the further processing of such returns.

In cases where an assessed and had uploaded his ITR form electronically which was incomplete due to incompletion of the ITR-V form for verification within the time-limit prescribed time-limit under section 139 of the Act, now as per the latest notification the IT department has permitted verification of such returns either through submission of a physical copy of the ITR-V form to the CPC Bengaluru or through the EVC or OTP mode. However, such a process of a verification process must be completed by 30th November 2020 and no further time shall be allowed.

An  Income-tax Return (ITR) that is uploaded and filed electronically without a digital signature, it is necessary for the taxpayer to authenticate such ITR by applying any one of the following ways till the extent of the time- limit up to maximum of 120 days from date of submitting the ITR through-

i. Through Aadhaar OTP

ii.  Through ITR e-filing account with the help of net banking

iii. EVC through Bank Account Number

iv. EVC through Demat Account Number

v. EVC through Bank ATM

vi. Through a registered post of the duly signed copy of ITR-V.

Why the notification was passed?

Multiple requisitions had been brought into consideration of the CBDT where taxpayers were facing problems submitting their ITRs. As a result of which many of them were still pending to be electronically filed to the IT Department for the submission of a valid ITR-V Form. The consequences of non-filing of the form ITR-V within the time prescribed under the act is significant because delay in filling such form could be declared a “ Non-est” in law, subsequently following the actions as specified in the Income-tax Act,1961 (Act) of non-filling the IT returns.

Thus, this one-time benefit is being provided with an intent to resolve the objections of the taxpayers dealing with the hardships related to non-filling of ITR-V for the assessment year As resolving the grievances of the taxpayers associated with non-filing of ITR-V for earlier Assessment years and to regulate such returns that either is Non-est or are still pending due to without non-filling of the  ITR-V form have been covered under this relaxation.

Where the returns are related to the Assessment Years 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20 which were uploaded electronically by the taxpayer within the time allowed under section 139 of the Act and which are pending submission ITR-V Form for the want of submission, the CBDT permits verification of such returns either by sending a duly signed physical copy of ITR-V either through registered post or by the mode of EVC/OTP.

Nevertheless, where the IT department has already taken reported to any other measure provided in the Act to ensure a filling of return by the assessee on the pronouncing such return as” Non-est” no relaxation shall be provided.

Conclusion 

This notification has benefitted such a large number of taxpayer assesses who were unable to verify their ITRs in the past due to a lack of knowledge regarding the prescribed procedure. The notification provides a good opportunity to such individual taxpayers to regularize their ITRs and fulfill their present as well as their past compliances and accordingly receive tax refunds stuck earlier due to faults in the procedural system.

Through this order, the Government has not only relieved the present worries of taxpayers by permitting them to validate their past years earlier ITRs by 30th September, and also agrees with the process of such forms of such past ITRs till 31st December 2020.

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Disclaimer: The contents of this article are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.

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