CA Sandeep Kanoi
CBDT has vide its order dated 26.09.2013 has extended the due date for e-filing of Tax Audit Report to 31.10.2013. The order has nowhere mentioned about the due date for e-filing of Income tax Return (ITR). It seems due date for filing of ITR are been kept same. If Assessee do not file the ITR on or before 30th September 2013 he may have the following implications:-
- He may have to pay Interest U/s. 234A on taxes outstanding.
- Losses if any may not be allowed to be carried forward
- Assessee also have to Pay Statutory dues U/s. 43B on or before the filing of ITR or Due Date i.e. 30.09.2013 whichever is earlier.
- Those who filing there ITR on or before the due date i.e. 30.09.2013 will have to file Tax Audit Report either manually or electronically before 30.09.2013. If taxpayer has filed manually then he have to file the same electronically also on or before 31.10.2013.
CA Sudhir Halakhandi says that “The date extension notification is no relief at all , Professionals have wasted lot of time in faulty process of e-filing and now left with very little time to complete rest of the audits to produce the audit report to AO before 30-09-2013. ICAI should come forward to resolve the problem. “
As there in no print facility in Audit Report utility, now within 4 days Tax Professionals need to prepare the audit reports in manual formats ignoring, the time wasted in preparing audit report electronically, print it and submit at respective jurisdiction offices in long line of persons trying to submit it and then upload the return (ITR) and all these on or before 30th September 2013.
In True Terms for Tax Professional as evident from Order there is no extension for ITR or Tax Audit Report. The only thing is if Assesssee faces any problem in Tax Audit Report online upload he may file the Tax Audit Report First Manually by 30.09.2013 and then electronically by 31.10.2013
Order has created a lots of confusion by not specifying regarding ITR and CBDT needs to immediately clarify its stand on ITR filing.
Press Release by Ministry of Finance Dated 26.09.2013
Time for Furnishing the Report of Audit Electronically Extended till October 31, 2013.
It has come to the notice of the Central Board of Direct Taxes (CBDT) that many assessees who are required to file their income tax returns by September 30, 2013 are finding it difficult to upload the report of Audit electronically as prescribed under the proviso to sub-rule (2) of Rule 12 of the IT Rules for the Assessment Year 2013-14. Therefore, the CBDT has decided to extend the time for furnishing the report of Audit electronically till October 31, 2013. However, the assessees are required to file the report of Audit manually with the jurisdictional Assessing Officer by the prescribed due date, i.e. September 30, 2013. The assessees are also required to file their returns of income electronically by the prescribed due date, i.e. September 30, 2013.
Author Bio
uploading of audit report has literally become a joke for the department. presently the server is down and in the income tax department there is a huge que for submitting the report manually. Moreover when should we submit the ITR of the assessee. i guess responsible must come up with a proper solution…no doubt we have suffered a lot this month
The extension of date of manual filing of audit report beyond 30th September would mean issue of further notification for extension of filing of return also beyond 30th September. Since this is a transitional year, assessees should have been ready with the audited accounts as per provisions of section 44AB.
However, when date of filing audit report is 30th September, further one month time should be given in section 139 itself for filing return thereafter.
CBDT DON’T WORK IN FAVOR CA’S . ONE PARTY BOMBAY TAX AUDIT IN DELHI – THEN CA DEPOSIT RETURN KARNE KE LAYE DELHI JAYE KOKI RATT 30.9.2013 12.00 PMKO FILE NAHI HUI
CBDT should clearly mention is intention for extension of time to submit the TAR;
As filling the return in such cases in electronic form is mandatory vide notification no 626 (E) dated 28/03/2012, how one can submit it manually.
IT IS A CRUEL JOKE ON BOTH PROFESSIONALS AND TAX PAYERS.
THIS FACILITY OF MANUAL FILING OF AUDIT REPORTS SHOULD HAVE BEEN ANNOUNCED IN THE
FIRST WEEK OF SEPT.
WE SHOULD FIND PERMANENT SOLUTION AND NOT THIS WAY OF BEGGING.
AUDITEES SHOULD BE MADE TO FILE UN AUDITED FINANCIAL STATEMENTS IN THE OF MAY ITSELF.
SO THAT THEY WON’T COME TO US IN THE LAST WEEKS OF SEPTEMBER FOR AUDIT.
THEY WILL TAKE CARE OF ACCOUNTS ON DAY TO DAY BASIS.
I FEEL THIS SOLVES OUR PROBLEMS.
we will jump into river but we wiil not bath –
WHY CBDT EXTENDED THE TIME FOR WHOM ? WHO WILL ENJOY AND WHO WILL CRY ? EVERY LAW RELTED NOTIFICATIONS MUST BE CLEARED FOR HUMANBEINGS [IF THE PROFESSIONALS OR ASSESSEE ARE BEING A HUMAN ACCORDING TO THE AUTHORITY ] OTHER WISE IT WILL TREAT AS VIRUS FOR THE INDIAN BONAFIDE.
according to the notification for the assessee may also jump into the river but should not bath.
AUDIT REPORT SHOULD BE FILED (UPLOADED) BEFORE ITR IS UPLOADED. IF TIME EXTENDED FOR UPLOADING AUDIT REPORT ELECTRONICALLY, IT SQUARELY APPLICABLE TO ITR ALSO. EVEN IF THE NOTIFICATION IS NOT SO SPECIFIC, THE MESSAGE FROM THE NOTIFICATION IS, YOU HAVE TWO OPTIONS. EITHER FILE ELECTRONICALLY OR MANUALLY (UPTO 30.09.2013) ONLY A STOP GAP. SO YOU ARE AT LIBERTY TO CHOOSE EITHER ONE. TAKE YOUR TIME TO UPLOAD REPORTS ELECTRONICALLY UPTO 31.10.2013.
PRAY GOD (GOVERNMENT) NO SCHEMA CHANGES HEREAFTER.
DO NOT WASTE YOUR TIME IN INTERPRETING THE NOTIFICATION. ARISE, AWAKE TILE GOAL (UPLOADING REPORTS) IS NOT REACHED IE BY 3110.2013
Can any body clarify as per notification issued for date extension, printed audit report need to be submitted to department, but how we can take print out of audit report by using Income tax departments software ? Any body can guess it. If print out cannot be taken by using governments software, how can we submit it in print out format to Income Tax Department ?
Dear Freinds,
it is hard to understand why the time limit is not extended at one , the utility of the department itself is not yet updated and updation is going every now and then , the department website itself is not exceled to accept the correct data,
I think the ICAI & the Tax professional Bars has not upraised the matter strongly even the election era.
ICAI seems to have not presented the case properly and CBDT has taken benefit of its weakness by playing joke on professional. CBDT is converting CAs as it’s data operator and ICAI is accepting without any protest. Jago ICAI jago
Dear Sir,my several clients not in one table, how can they send the Audit Report to submit with jurisdictional area, I hope this is a vital and practical problem, I am requesting to CBDT kindly don’t surround your valuable taxpayer on this way, please extend simply the Date of Filing in all respect up till 31.10.2013.
This is a practical problem and for this act several Taxpayers will remain thankful to the Board.
Lolly pop
Need to extension for uploading Tax Audit Totally Westing Time of Professionals.
Goswami Tusidas has already said following which truly applies to the CBDT/Ministy of Finance :-
“Nahi Janma Koi As Jag Mahi Prabhuta Pai Jay Mad Nahi”
Circular issued is really ridiculous. CAs & Tax professional have already wasted lot of time on faulty utilities provided at the fag end by Finance Ministry for which it has no regrets and has lost atiquates to seek apology for its mistakes. To rub the salt on the wounds of taxpayers and the CA/ Tax Consultants, CBDT has come out with this novel Circular which has doubled the work of CAs to file manual reports by 30-09-2013 and electronically by 31.10.13.
This shows the draconian way in which the Government / CBDT works.Crude Joke. This was just to hide their own delays and inefficiency in bringing faulty utilities at the fag end.
The representation are made by ICAI and chamber of commerce that can see in the notification of IT ,Here we need another representation to be given by trade and chamber again to the Fin. minister to remind him to the next election and its expenses and donations etc.Actually these traders are giving us the audit in last minute of the month, So they should come in first and the ministry will definitely issue a fresh notification.pray for the best and good for India and its economy.
I understand that the section 119(2)(a) empowers the CBDT to give relaxation to section 139 only and not section 44AB. That means it can extend the due date for filing return and not the date of audit report. Section 44AB wants the Report to be filed before due date. Rule cannot override the Act. In effect, there is no extention, but a procedural change. CBDT acts smart but without any effect. If this direction had come earlier we would not have wasted our time and energy on this software. In fact ICAI can only make representations and it cannot force the CBDT to take decisions. The decision is always that of the authorities. Now for the next 4 days, the site will be busy. We all have to fight for one website.
I agree with Mr. Ramakant R. Agarwal. The notification says MAY also furnish the same manually before jurisdictional AO within prescribed due date.
The said Report SHOULD however be furnished electronically on or before 31.10.13
Here the prescribed due date for the Report has been extended to 31.10.13 by notification dt 26.9.13. Hence it MAY also be furnished manually before the concerned AO withing prescribed due date which I interpret as the extended due date of 31.10.13. It says may also. So assessees can file manually and electronically if they feel so. If still difficulty is experienced in filing electronically even till 31.10.13, the manual filing will suffice. Notification can be interpreted this way .
I THINK THAT THE GOVERNMENT THINK THAT PROFESSIONAL ARE FOOL HENCE THEY ISSUE SUCH TYPE NOTIFICATION ON 26/9/2013
Notorious, Sarcastic move by CBDT to ridicule the demand for increasing due date. How dare Chartered Accountants demand anything from us without lobbying?
Government dictat has clearly made it clear that
– We do not care a damn of your issues.
– We will change the utility on 24th September and you have to work like a Hammal and finish the work in the time.(Do hell with the Quality)
“Vinash kale Viprit Buddhi”
There are the words “should be” in the circular not “may”. So it is mandatory to submit hard copy with the AO till 30/9/2013 if not uploaded till date
what is this
for uttarakhand state which has suffered so much disaster the due date for normal return was extended but for audit there is no date extension . uttarakhand is a hill state and many roads and bridges were destroyed making the assesse incapable getting details .. even in normal circumstances it is very hard task for this hill state to reach there charterd and gather information as there is usually road blockage due to land sliding and after this recent huge disaster it is almost impossible for assesse to gather informations due to distruction of approach roadsd…..cbdt and chidambaram should take a step to help this state and its asssesse
what is rhis
MAKING US FOOL…
I totally agree with Mr. P S Prabhakar. ICAI seems to be spineless these days, when Cost Accountants could make the govt. accept their demands. The worst part is the govt made cost audit mandatory for hyder power generating Companies despite knowing the fact that other than Royalty and operating & maintenance costs there is no other cost for generating power.Only the Ministry of Corporate Affairs and the Institute of Cost Accountants know what cost audit they will conduct for hyder power generating Companies.
Dear Friend, This notification of extension of due date, is not at all an extension. The general meaning of the said notification means, 1. To file the tax audit report manually (may?) before 30/09/13. 2. Thereupon, incorporate the date and number of filing the tax audit report manually (may ?) in the ITR. 3. Thereupon, upload the ITR before 30/09/13. 4. However, the assessee have an option (?) to file the tax audit report before 31/10/13. 5. Any how, the tax audit report MUST (?) be filed before 30/09/13. 6. However, there has been no extension to file the ITR AT ALL.
From above, the notification seems to be misleading. Because 1. What is the use of word “MAY” about physical filing of tax audit report before 30/09/13. 2. In the notification the sections referred is 139 and proviso to sub rule 2 of rule 12 whereas, it should be coupled with section 44AB because the explanation (ii) of section 44AB about the specified date, directly corelates to section 139. 3. The notification is not simple to be understood or it may be a fact the authority who drafted it could not spell it correctly.
Overall, the said notification is “NOT AT ALL” for the convenience of the assessee or his tax counsel but it is only for the convenience of the CBDT to cover its loop wholes. “AND NOTHING MORE”.
CBDT made E-Filing of Income Tax Returns Mandatory.
The relvant extract of their notification no 626 (E) dated 28/03/2012 is given below:
‘Filing of returns electronically under digital signatures is already mandatory for any company required to furnish the return in Form ITR-6 or a firm required to furnish the return in Form ITR-5 or an individual or HUF required to furnish the return in Form ITR-4 and to whom provisions of section 44AB are applicable.’
If e-filing of return of income is Mandatory, will it not tantamount to not filing a return of income before the due date if filed manually?
Funny chaps sitting in cozy govt offices are playing with the lives of assessees.
Dear All,
Will the ITR utility accept uploading of Returns without attaching scanned/digitally signed 3CD Reports? If not, what to do again?
Let us try this jugglery also.
Khali pagal banaya hai department apki bar…
The normal reasons of monsoons, floods etc. for getting the IT return filing date and Tax Audit filing date extended are not there today. But far more compelling reasons are. But yet the Govt. has not bothered and issued a ridiculous notification. CBDT, which is normally ruthless with its assessees is mortally afraid to go and tell the reality to the Ministry. As such, the tax audit is an outsourced activity to CAs by which the Govt passes off majority of its scrutiny responsibility to CAs for which the costs are borne by the hapless assessees. (Of course, CAs are gleeful at the money making opportunity seldom realising the painful responsibility attached to this). On top of this, Govt is making the whole process more painful by prescribing mandatory e-filing in an infrastructure-unfriendly scenario with atrociously unreasonable timelines. I wonder what would have happened if the ICAI (it is another thing that ICAI would never ever have any semblance of guts) had categorically told the Ministry that what is not possible is NOT possible and even issued a diktat to the members not to compromise on their work and ask the CBDT and the Government to go to hell. Our servility and unquestioned compliance are taken as our weakness. This Government sucks.
I cannot but agree more with my fellow professionals for the valuable professional time that has to be wasted by us in doing R&D with the specified e-form 3CA/CB-CD at the dictates of CBDT who seems to have scant respect and value for professionals time. The whole approach seems to be with a sole target to generate more revenue by penalty and interest (by inducing deliberate defaults) rather than appreciating the efforts put in by professionals with valuable suggestions in compliance
Not useful for extension of due datesssssssss……..
abhiraj ranawat sir i agree with u and chidambarm down down
Dear Friends. In my opinion and strict interpritation of notification, it says ,” may also furnish the same manually………”
There is word “MAY” and not “SHALL” and hence in my opinion it is optional to file audit report manually.
Please Share your opinion.
I feel CBDT thinks it is more clever to cover its its fault of late and changing of e filing system or It thinks the Assesses and CA are foolish and their demand can be satisfy by this Lolypop.
THIS IS NOT EXTENTION THE DUE DATE
Dear All, what was the need of of issuing this Circular. Tax professional have already wasted lot of time on faulty utilities provided by Finance Ministry for which it has no regrets. To rub the salt on the wounds of taxpayers and the CA/ Tax Consultants office further M/S CBDT has come out with this novel Circular which says to file manual reports by 30-09-2013. If such was the intention of the Ministry they could have come out with such Circular about a month ago. In effect all tax payments incl other dues will now have to be made before 30-09 and no credit for c/f losses also AND ALSO PENALTY U/S 271B if the return is not filed before 30-09.This shows the callous way in which the Government / CBDT handles its taxpayers and tax professionals not working with Government. Crude Joke. This was just to ratify/ hide their own delays and in efficiency in bringing faulty utilities. This is really really anti public. The ministry could have just extended the due date by 5-10 days.
not at all worth in extending & allowing a mere 4days
Government can take 1 year time to Decide format of service tax return. You can alter schema 12 times. But you don’t want to allow assessee to get some extra times even when fault is on part of Income Tax Department.
Dear All, what was the need of of issuing this Circular. Tax professional have already wasted lot of time on faulty utilities provided by Finance Ministry for which it has no regrets. To rub the salt on the wounds of taxpayers and the CA/ Tax Consultants office further Mr. Chidambaram has come out with this novel Circular which says to file manual reports by 30-09-2013. If such was the intention of the Ministry they could have come out with such Circular about a month ago. In effect all tax payments incl other dues will now have to be made before 30-09 and no credit for c/f losses also if the return is not filed before 30-09.This shows the callous way in which the Government handles its taxpayers and tax professionals not working with Government. Crude Joke. This was just to ratify/ hide their own delays and in efficiency in bringing faulty utilities. Mr. Chidambaram elections are nearby. Get ready to loose your seat as well as Government. This is really really anti public. He could have just extended the due date by 10 days.
no satisfy, who will pay two time audit report preparation fee, manually and electronically.
Without extending the date of filing of ITR, this extention for Tax Audit report does not serve any purpose.When filing the ITR, the Tax audit report must also be enclosed in the xml format.
the headless BUREAUCRATS should be removed from the CBDT and finance ministry The professinals should be appointed for these posts
sir,
Where is the extention?Is the CBDT does not know that the return of income should be filed along with the audit report?The bureaucracy is the main reason for all these and they are also responsible for all these.
Evident that the representation may have been on the footing that though CA’s would be ready with Tax Audit Report, but electronically uploading it within 30 Sep would create problems. Agree with S Harikrishna ” Dont Play with us CBDT”
CA Prasun Kumar Bhattacharyya
The date for filing the Tax Audit report is extended due to errors in the XML filing Tools of CBDT.
CBDT’s stand in not extending the due date in real term seems draconian. Are we living in true Democracy where the genuine demand of C.A are simply turned down?
What about the time lost by us during these 26 days in trying to upload the tax audit reports ? Who will compensate those time ? And if at all you have to declare this only why not the same declared 15 days before ? You have allowed us only 4 days. It is nothing but saying that you can choose any colour provided it is black
Dont Play with us CBDT