Due date for ROI, TAR, other reports remains 30th September just e-TAR can be filed by 31.10.13

[CA DEV KUMAR KOTHARI]

Due date for ROI, TAR, other reports remains 30^th September just e-TAR can be filed by 31.10.13

Link and references:

Sections 119 and 139 and other provisions requiring filing of various reports ( specifically covered under Rule 12(2) namely sections 44AB, 92E, 115JB) under the Income-tax Act, 1961 (ITA) and other reports to claim deductions and exemptions and other compliances by due date.

Rule 12 (2) of the Income-tax Rules 1962 (ITR).

Order under Section 119 of the Income-tax Act 1961 vide F. No. 225/117/2013/ITA.II issued by   the Central Board of Direct Taxes on New Delhi, the 26^th of September, 2013

Recent Circular:

Recently above referred circular has been issued by CBDT about uploading of Tax Audit Report ( e-TAR for short). The same is reproduced after this write-up with highlights for analysis. The operative part of the circular is as follows:

(a) The assesses, who are presently finding it difficult to upload the prescribed Reports of Audit (as referred to above) in the system electronically may also furnish the same manually before the jurisdictional Assessing Officer within the prescribed due date.

(b) The said Report of Audit should however be furnished electronically on or before 31.10.2013.

Observations:

As per above circular, the relaxation apply only to those assesses who are presently finding it difficult to upload the e-TAR. Therefore, the assessee must be ready to show genuine and bonafide difficulties faced by him in uploading the e-TAR. General explanation may not be acceptable.

In case of such difficulties assessee should furnish the physical TAR manually before the jurisdictional Assessing Officer within the prescribed due date to avoid consequences of non compliances of S. 44AB.

The e-TAR should be furnished electronically on or before 31.10.2013.

Therefore we find no exemption or relaxation except that e-TAR can be electronically uploaded by 31.10.2013.

No change in due date:

There is no change in due date for any other purposes the same remain 30^th September 2013. Non filing or return or TAR and other applicable certificates and reports on or before 30^th September 2013 he may lead to the following consequences:

1. Default in compliance for filing of ITR, TAR and other certificates of reports required to be filed by due date.

2. Interest U/s. 234A if applicable will be levied.
3. Eligible losses will not be carried forward.
4. Penalty for not filing of TAR may be attracted.
5. Deductions, exemptions etc. which are required to be supported with certificate or report of CA may not be allowed in case those are not filed before due date.

Circular with highlights is reproduced below:

Order under Section 119 of the Income-tax Act 1961 Dated 26^th September 2013