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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.

Legal requirement:

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.

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69 Comments

  1. MITHILESH says:

    Tax Audit & Return filing date to be extended because the Accountant , Chartered accountant & Tax advocate are under very huge pressure of work due to implementation of GST.

  2. RANJAN SEN says:

    Due date should be extended as there are lot of compliances to observe this month. Govt should realize the practical problems. Actually they are taking all decisions in a cold house.

  3. BHUPESH says:

    Tremendous pressure till 10 complete GSTR 1,,,,UpTo 20 file 3 B. Only 10 days Left to finalize books .. reconcile all accounts and match 2a from books ,,,, so pl extended UpTo 30 Nov

  4. Jyoti Biswas says:

    Respected Mam, Please extend the due date of TAR & Audit Report till 30-11. Because all C.A., Tax Professional were busy in filling of Non audit case ITR till 31-8 & some festivals like Ganesh Chaturthi also in Sept. Except this 2 monthly GST Return also requried to file in Sept. Flood also effected most of the part of country. Please extend

  5. SATISH YADAV says:

    MAM WOULD REQUEST WITH YOUR GOODSELF PLEASE ARRANGE TO EXTEND DUE DATE FOR TAX AUDIT AS STILL WE HAVE OVERCOME WITH INDIVIDUAL RETURN, SO IT WILL TAKE TIME TAKING MATTER TO RECONCILE DATE WITH GST RETURN & INCORPORATE IN TAX AUDIT REPORT, SO PLEASE ARRANGE TO EXTEND THE DUE DATE FOR 30.11.2019

  6. Anand Vidyarthi says:

    Due to GST monthly and Annual Returns, the Businessmen are facing tremendous pressure.The Load of Tax Audit in between is just unbearable. Moreover September and October months are festival months. The date of tax audit should be extended atleast till 15th of November. Rather the Law Makers should realise the practical difficulty and permanently fix the date of Company and Other Audit to October month of the Assessment year.

  7. azhar says:

    dear madam kindly extend the due date for tax audit as we finished august 2019 in filing of individual cases
    just last week full rain in mumbai. Madam humble request for tax audit extension till 31.10.2019. we expect positive from you as your first year mam we will thankful for you for this

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