Advocate Akhilesh Kumar Sah
Requirement for extending due date of September 2019 for filing audit reports and related ITRs
The due date for a person (other than a company) whose accounts are required to be audited under the Income Tax Act, 1961, may be increased to 31st October 2019 as the numbers of cases of audit are increasing and auditors have to incorporate data of GST Returns in the audit report apart from checking of the purchases, turnover, ITC, etc., and also tax audit forms have seen changes.
There remains double work on the due date of September, firstly the audit of accounts and secondly, the filing of returns after the accounts have been audited. The huge rush at last also creates server problem at e-filing site.
According to the Explanation 2 of Section 139(1) of the Income Tax Act, 1961, for the purposes of the sub-section (1) of section 139, “due date” means,—
(a) where the assessee [other than an assessee referred to in clause (aa)] is—
(i) a company; or
(ii) a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or
(iii) a working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force, the 30th day of September of the assessment year;
(aa) in the case of an assessee who is required to furnish a report referred to in section 92E, the 30th day of November of the assessment year;
(b) in the case of a person other than a company, referred to in the first proviso to this sub-section, the 31st day of October of the assessment year;
(c) in the case of any other assessee, the 31st day of July of the assessment year.
It has been seen in the last years, the Hon’ble Courts have ordered for the enhancement of the due date of the September month looking to the inherent/practical difficulties.
Therefore, the due date of September, as above, may be increased well in advance to October 31st, 2019.