Play safe and file ITR by 31st October 2022 for AY 2022-23 in cases in which any audit report under provisions of Income-tax Act, 1961 is not required to be electronically furnished. Although audit report under other enactment is required. Extended date of Seventh November, 2022 may not apply in such cases.

[DEV KUMAR KOTHARI]

Link and references:

Section 139(1) of Income-tax Act, 1961 

https://www.taxmanagementindia.com/visitor/detail_act.asp?ID=3285

Circular No. 19/2022 F. No. 225/49/2021/ITA-II dt. 30.09.2022  https://www.taxmanagementindia.com/Print/print_circular.asp?ID=65903

Circular No. 20/2022  F. No. 225/49/2021/ITA-II dated 26^th  October 2022  https://www.taxmanagementindia.com/visitor/detail_circular.asp?ID=65959

A. Due date originally fixed:

As per S.139 Due date to file ITR is fixed as 31st October in case of a company or ) 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;

B. Extension for filing audit reports required under IT Act to 07.10.2022:

Vide Circular dated 30th September, 2022 on consideration of difficulties faced by the taxpayers and other stakeholders in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), Was extended to 7th October ,2022.

This circular is only about various reports of audit under the provisions of the Income-tax Act,1961 (Act),

And not in relation to any other audit report under any other law like the Companies Act, 2013.

C. Extension to file ROI to 07.11.2022:

Vide Circular dt. 26.10.2022 extension of due date to 07.11.2022 is In consequence to extension of due date for various reports of audit in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act to 07^th October 2022 by Circular No. 19/2022 dated 30.09.2022.

D. Therefore, this extension is not applicable in cases where any audit report was not  required to be electronically  filed  under Income-tax Act by 30.09.2022.

We can also consider this aspect from another practical  angle,  that is under the Companies Act 2013 a company  is generally required  to hold Annual General Meeting latest by 30.09.2022 in which audited accounts are to be approved and adopted by AGM. If any further report is not required  to be furnished electronically under Income tax Act, 1961, then extension to file ITR is not applicable.

For ready reference  effective parts of relevant provisions  and Circulars are reproduced below with highlights added:

From Section 139:

Explanation 2.-In this sub-section, "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  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 or the spouse of such partner if the provisions of section 5A applies to such spouse,

the 31st day of October of the assessment year;

Circular No. 19/2022 F. No. 225/49/2021/ITA-II dated 30th September 2022

Subject: - Extension of timeline for filing of various reports of audit for the Assessment Year 2022-23– reg.

On consideration of difficulties faced by the taxpayers and other stakeholders in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in exercise of its powers under Section 119 of the Act, extends the due date of furnishing of report of audit under any provision of the Act for the Previous Year 2021-22, which was 30th September 2022 in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act, to 07th October, 2022.

Circular No. 20/2022  F. No. 225/49/2021/ITA-II   dated 26^th  October 2022

Subject: - Extension of due date for furnishing return of income for the Assessment Year 2022-23- reg.

In consequence to extension of due date for various reports of audit in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act to 07^th October 2022 by Circular No. 19/2022 dated 30.09.2022, Central Board of Direct Taxes (CBDT), in exercise of its powers under Section 119 of the Income-tax Act, 1961 (Act), extends the due date of furnishing of Return of Income under sub-section (1) of section 139 of the Act for the Assessment Year 2022-23, which is 31^st October 2022 in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act, to 07^th November, 2022.