DUE DATE EXTENSION OF TAX AUDIT REPORT WILL FM LISTEN ?

You are all aware that the Ministry of Finance, vide Press Note dated 9th September, 2015, has stated that the last date for filing of ret...

You are all aware that the Ministry of Finance, vide Press Note dated 9th September, 2015, has stated that the last date for filing of returns due by 30th September 2015 will not be extended. As is evident, such a stand is devoid of the ground reality and the practicality involved and therefore is arbitrary and adamant.

A good number of our friends, sharing their thoughts with us, have expressed their dismay in the manner the matter has been dealt with by the CBDT. We totally agree with them. Accordingly, we submitted a detailed representation on 24th September, 2015 to our Hon’ble Finance Minister. Our Institute had also taken up the matter and is vigorously following the same. Writ Petition by some of our members before the judiciary is also understood to be underway. However, in order that our just request receives the deserved attention, it is necessary that each one of us contributes thereby building a mass movement.

Update :Income Tax department has extend the due date for filing income tax return and tax audit report all over India from 30.09.2015 to 31.10.2015.Notification will soon be notified 

What we Should Do ?

1. Send a representation to FM ,CBDT chairman

Accordingly, you are requested to send a suitable representation to Hon’ble Finance Minister [ajaitley@sansad.nic.in], Revenue Secretary [rsecy@nic.in] and Chairperson, CBDT [anita.kapur@nic.in]. For the purpose, enclosed [please click] is a draft prepared on the lines of the representation submitted by us as stated above which you may if so desired treat/make use of as deemed appropriate. You may also request your fellow colleagues to do so. Besides, efforts may be taken to discuss the matter with the Trade Association/Market Association etc., to the extent possible, with a view that representation are also made by such Associations. 

A copy of the representation that may be representation made may be forwarded to as cc or bcc to add to our strength – statistically as well as otherwise.

We hope members will send immediately large numbers of representations so that the authorities consider this sensitive issue on priority.

Download Draft representation letter (download and send to above address ,Make necessary corrections if necessary )

Thanks & Regards,

Team

Voice of CA

2. Start a twitter companin add #extendduedate  also add @Finminindia @pmoindia @simpletaxindia 

#Extendduedate Tweets

Add above widget in your website /blog code is give below

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Copy of draft letter

Shri Arun Jaitely Ji

Hon’ble Minister of Finance

Government of India

North Block

New Delhi.

Sub : Extension of date of filing of Income Tax Return falling due on or before 30^th September,2015 – Request regarding

May this finds Merits with Your Goodself,

Sir, at the outset, while having the fullest faith and confidence in the policies of the Union of India and also of the Govt. in force, we wish to highlight certain factual and ground realities relating to filing of ITR and also of preparation as well as submission of Tax Audit and Other Reports required to be filed in case of certain classes of individuals, HUF’s, Firm, Companies and other assessee, which return and/or reports are required to be furnished electronically on or before 30/09/2015. 

1.            The Income Tax Return Forms for the assessment year 2015-16 were notified by the Board belatedly only on 23/06/2015 (in case of assessee’s whose return were due to be filed before 31/07/2015) and on 29/07/2015 (in case of assessee’s whose return are due to be filed on or before 30/09/2015) Belated notification of ITR forms, prejudice to right to file returns till forms are notified.

While extension of due date aggregating to 37 days were permitted vide separate orders u/s 119 of the Act dated 10/06/2015 and dated 02/09/2015, thereby making the due date of returns due to be filed on or before 31/07/2015 as 07/09/2015, no extension has been permitted in case of those assessee’s whose returns and other reports are due to be filed on or before 30/09/2015.

Sir, while we are appreciative of the suo motto extension of this due date, we fail to appreciate as to what could have been the reasons for granting extension of due date to certain classes of assesses and also as to what could have been the reasons for non granting such similar extension benefit to assesses whose returns and other reports are due to be filed on or before 30/09/2015.

In this regard we seek to refer to some of the judicial developments before various High Courts in relation to Writ Petitions filed by various individuals and organizations seeking extension of due date of ITR as under:-

a)            In WP(C) 9032 of 2015, in para 22 of the order dated 21/09/2015, it has been observed by the Ld. Single Judge of Delhi High Court as under:-

“The counsel for the respondents appearing on advance notice is unable to give the reasons for the forms etc. being not available at the beginning of the assessment year on 1^st April of every year and the same thereby causing inconvenience to the practitioners of the subject.”

b)            In WP(C) 41109/2015, as informed to us by the petitioner, during the course of hearing on 23/09/2015, i.e. yesterday, the Hon’ble Karnataka High Court, headed by Ld CJ, had directed the Standing counsel of CBDT to obtain instructions / orders from CBDT. For orders on Monday, i.e. 28.09.2015.

c)            In WP(C) No.19770 of 2015, the Hon’ble Punjab & Haryana High Court had, during the course of hearing today i.e. on 24/09/2015 asked the counsel of the CBDT as to why the due date of 31^st July was extended and as to why did the CBDT notified the ITR Forms belatedly. To a further query by the Bench as to why the standing counsel of the CBDT was not replying to the queries of the Bench, the counsel of the revenue only sought time to seek instructions from the CBDT. The matter is now posted for hearing before the Hon’ble Court on 28/09/2015. It is pertinent to state here that as informed to us, the Hon’ble Court has observed that even a small change is a change and to that extent is a hindrance. 

d)           In SCA 15075/2015, during the course of hearing before the Hon’ble Gujarat High Court, today on 24/09/2015, as informed to us, the CBDT Counsel was having no instructions. The matter is now posted for hearing on 28/09/2015.

Sir, while at one hand, for umpteen reasons stated inter alia, extension of due date of return of income falling due on or before 30/09/2015 is being sought, we fail to appreciate as to why appropriate information and directions are not even being provided to the standing counsel of the CBDT. This is keeping not even the assesses and the practioners under the dark but is also not showing any light to the CBDT own counsels.

2.            Incompatibility of Java Software with IT website. Please note that the Java Version being used by the Income Tax Departments Website is version 8 while the latest Java Version is version 10. The movement, a computer system is being connected to the Internet, the Java version automatically is updating to 10 thereby causing technical latches. We fail to appreciate as to why, the dream of Hon’ble Prime Minister of `Digital India’ is being restricted to version 8 instead of 10.

3.            The factum of slowing down of the Income Tax Department Website is not unknown. The website has been noted for its slow down and we cannot forget what happened on 30^th /31^st August 2015, which was also admitted when extending due date till 7^th of Sept, 2015. Similar snarls, you would appreciate have occurred in past and there is no likely hood that they would not occur in future.

4.            The provisions of the Companies Act,2013 have been made applicable only w.e.f. 01/04/2014 and this is the first assessment year of the changed Company Law Provisions. There are practical difficulties and complications in making compliances. One such example is computation of amortization or depreciation wherein the information is to be obtained from an assessee since the date of acquisition of the assets and then changes are required to be done for each year till 31/03/2014.

Sir, infact there are lot many clarifications even on the provisions of Companies Act, 2013 which have been notified after 31/03/2015 and have been made applicable w.e.f. 01/04/2014. 

5.            It is stated with utmost respect that there are certain clauses in form 3CD wherein no updations have been made / carried out even after the law required so.

a.                         Your goodself would righly appreciate the amendment to section 40(a)(i) by Finance Act, (no.2) of 2014, wherein reference to section 200(1) was omitted and was substituted with section 139(1). Unfortunately no change was carried out in Form 3CD in corresponding clause no. 21.

Thus there would be mis reporting in so far as in cases of TDS on  payments to non residents and Foreign Companies, wherein TDS deposited after date prescribed U/S 200(1) but before due date U/S 139(1), though allowable under the provisions of Act, would not be allowable and have to be so reported in Form 3CD. We anticipate that this being so, another committee such being Justice A.P.Shah Committee would again be required to look into the illegal disallowances in case of payments made to non residents.

b.                        Similarly, in point no.34(a) of Form 3CD, there is no reference to TDS deducted U/S 194DA which ought to have been stated.

c.                         Yet another classical example is amendment to section 40(a)(ia) by Finance Act, (no.2) of 2014, wherein 30% of the payment on which tax has not been deducted or having been deducted has not been deposited on or before the due date of filing Income Tax Return U/S 139(1). Unfortunately clause 21 of present Form 3CD seeks details of disallowance where entire payment is required to be stated and not the 30% of the payment whereof.

Sir, there are similar other inconsistencies in Form 3CD which, in case time is permitted to us, could be well brought to your goodself’s contentions. We appreciate your stern ability as a tax administrator and as a pragmatic person and are optimistic that atleast time would be given to us to make a presentation before you to highlight such infirmities in Form 3CD which are in consistence to the provisions of Income Tax Act.

        

         We understand that similar other changes were suggested to the CBDT by our Alma Mater, ICAI, which have found not been considered in Form 3CD.

6.            In yet, ground finding merit is additional disclosure requirements (for purported similar reasons date was extended this year from 31.07.201 till 31.08.2015), qua: -

a.                         Qua foreign assets and income in ITR Forms 4,5,6 & 7.

b.                        Qua details of each and every bank account with account no., bankers, type of account etc.

7.            That incidentally 30^th Sept, 2015 is the last date of closure of compliance window under section 59 of The Black Money Act, 2015.

8.            That there are frequent changes in ITR utilities by the Income Tax Department, even during A.Y. 2015-16. This is evident from e-filing portal wherein the ITR Form 6 & 7 though notified on 29/07/2015 and released on 07/08/2015 were modified / changed on 22/08/2015. Under these circumstances, when the procedural law is not being allowed to be clear, how can we expect that the tax practitioners and assesses at large, would not face inconvenience

9.            That the procedure for obtaining digital signatures has under gone a recent change and while 3-4 days are being taken in obtaining a digital signature, wherein an assessee or a tax practitioner, as the case may be, is personally required to visit the vendor. Yet there are further problems in affixation of digital signatures and practically 2 to 3 hours are being taken in each such effort.

10.        Power and Electricity Situation in some parts of India, such as Karnataka and Other parts of South India is presently adverse and we have been informed that there are power failures ranging between 4 to 6 hours on a daily basis. This is affecting the work of the professionals as well

11.        That the Form 3CA, 3CB, 3CD & Form 10B have been updated / changed unfortunately again on 24/09/2015 and there is every case that the changes so made in the online utility must have not been notified to the public at large.

12.        That certain important and ominous Festivals are being observed in September, some of which are as under : -

a.                         Holy festival of EID falling on 25.09.2015.

b.                        Ganesh Chaturthi and Ganesh Visarjan in some parts of India, particularly in Maharastra, being financial capital of country.

c.                         Holy Jain days of ‘Paryooshan” and “Das Lakshan”

13.        That further there is Bleak Internet connectivity due to low signals and the website of the department is also being held in dark purportedly due to scheduled maintenance. This is also impacting the work flow.

14.                                                                                That September, 2015 happens to be the month wherein the time limit stated in proviso to section 143(2) with respect to returns filed for Assessment Year 2014-15 is also expiring on 30/09/2015. Notices U/S 143(2) are being served on assesses and the counsels are being thereafter requested to represent. In case of non representations / appearance, your field formations are imposing penalty u/s 271(1)(b) of the Income Tax Act.

15.                                                                                That 25^th, 26^th and 27^th September happens to be Bank Holidays and for small assesses there would be no provision or manner to deposit the taxes due on their income to be returned. In the absence of tax payments, the returns would not be filed and a chaotic situation is further expected once the banks opens for business on 28^th September,2015.

That infact various Writs have been filed before various High Courts, whose summary is as under: -

WP no./Title	Hon’ble High Court	Next Date of hearing
WP(C) No. 9032/2015	Delhi	Heard on 21.9.15. CBDT directed to notify income tax forms on 1st april of each assessment year.
SCA 15075/2015	Gujarat	Filed on 15.09.2015 and notice issued on 21.09.2015. During the course of hearing on 24/09/2015, the CBDT counsel was directed to seek instructions. Next hearing on 28.09.2015 at item no. 1
WP(C) No. 19770 of 2015	Punjab and Haryana	During the course of hearing on 24/09/2015, the CBDT counsel sought adjournment  to  seek instructions. Next hearing on 28.09.2015.
WPL/2764/15	Mumbai	Next date of Hearing is 29.09.2015. The Court has informed that irrespective the decisions of other High Courts, the matter would be heard at length.
Public Interest Litigation vide WP(c.) DBCW 11037/15	Rajasthan (jodhpur)	The matter was heard at length on 24-09-15 and has been posted for Monday on priority for final disposal.
WP(C) no. 17178/2015 dated 21.09.15	Orissa (cuttak)	The date of hearing was 23.09.15. The matter is posted for hearing on 25.09.15.
WP(C) No. 41109/2015 dated 21.09.15	Karnataka	The case is listed for orders for 28.09.15

Sir, such an action, acceding thereby to our above request would only bring satisfaction and appreciation in the mind of the common man towards the tax laws as well as tax administration.

Sir, It is submitted that your goodself will appreciate that these are some of the illustrative yet non exhaustive reasons, wherein, each reason so stated aforesaid, warrants, in bonafide circumstances, administrative action u/s 119(2)(a) of the Act, in public interest, extension of the due date referred in Explanation 2 to section 139(1) of the Act. Your goodself will further appreciate that we are in a Democratic Republic wherein the motto of the present Govt. is a non adversial tax regime. This motto, trust, we understand is to be followed in letter and spirit.

It is submitted that the extent and magnitude of the situation is not only inferable from above facts but also from the ground realities where umpteen Chartered Accountants across India are reeling under huge mental pressure and stress. Many of them have also suggested to stage Dharnas as well as demonstrations, including but not limited to press and media coverages, Black Badges, Hand Notes etc.

We must appreciate that while being in a democratic set up, not only Chartered Accountants but also the assesses at large expect the Govt. to be fair as well as reasonable moreso when these assesses contribute towards the Govt. exchequer and which money is thereafter used for carrying out the welfare of the country. We Chartered Accountants are consciously aware of our responsibilities of conducting tax audit but in case appropriate time is not permitted to us, the quality of the Audit Reports would suffer and there would be then another set of protacted litigation for explaining `reasonable cause’. 

We know that judiciary, across India, with respect to various Writ Petitions filed, shall be taking its own course and decision, yet we are making this prayer so as to yet again bring to your humble notice the cogent reasons and warranting circumstances. We understand that there are adequate safe guards and mechanism under Income Tax Act to secure the interest of the Revenue. Yet, a prayer is being made to look into the interest of the common man also on just, bonafide as well as equitable grounds too.

Regards

C/C

1.            The Revenue Secretary, Government of India.

2.            The Chairperson, CBDT, New Delhi.