Open Letter to PM Modi – Deafness or Denial ???
The Finance Ministry has brought unheard number of changes in the tax laws in the last few months. Changes being made in law and clarifications provided, just 48 hours before its implementation dates. Bravo!! Certain welcome and many not so welcome ones. But really who cares or must say listen’s to a common CA.
Now this time again CBDT has proposed changes in the disclosure of tax audit reports and transfer pricing reports applicable to FY 19-20 vide its notification dated 1st Oct 2020. Sir, you would be aware all of these forms are filed online, which requires a utility again published by the CBDT for uploading forms electronically. This very utility is not yet made available on departments website as on 15th Oct 2020. But the due date of tax audit is 31st Oct 2020. What an IRONY !!
The proposed changes are in line with the new tax regime proposed in the Finance Act 2019 and Finance Act 2020. We have absolute no objections to the proposed changes. But we need answers to a 3 simple questions:
- Why and what made CBDT take a full year to implement those proposed changes in the tax audit form and transfer pricing report forms; but expects the business houses and CA’s to file audit reports in less than 30 days time ?
- Why were those changes not made at the same time when the laws were being implemented?
- Why is there no reports/ inquiry/accountability/penalties on tax officials for not providing utilities atleast 3 months before the due dates of return filing? While for making mistakes there are penalties prescribed in various acts on tax practioner’s and CA’s ?
Sir, I would like to draw your attention to a small gist of the upcoming annual and important due dates:
- 31st Oct 2020 last date to upload tax audit report of FY 19-20(irrespective when the utility will be published)
- 31st Oct 2020 last date to file GST annual audit reports of FY 18-19
- 31st Oct 2020 last date to file returns of FY 18-19
- 30th Nov 2020 last date to file individual tax returns of FY 19-20
- 30th Nov 2020 last date to file 3CEB of FY 19-20
- 30th Nov 2020 last date to file corporate tax returns of FY 19-20
Sir, an earnest request to just look once into the number of representations made across the country for various extensions. These are no ordinary organizations. These are some of the best minds the country possesses. These are the same people who also ensure that taxes are paid well on time and compliances met.
A Taxpayers Charter was recently inaugurated by you to bring in the transparency in the system. Sir, is this really transparency at your end !!!
People across the country are dying due to COVID. Professionals are forced to work from remote locations. Still the auditors are expected to meet due dates. The country is not seeing the same transparency this government is propagating on such a large scale. Why are professional bodies compelled to make representations in such large numbers? Why ask in first place. Isn’t it your duty to lead by example. Be ready first and then ask the common man to comply.
Just 20 days back, even after huge number of representations the GST annual returns date was extended on last date at about 6 pm in the evening. Sir, we are unable to fathom that if you always intended to extend it why wait till 6 pm on last date. There were high expectations from this government and now we are not seeing the same transparency being implemented.
In the end would like to conclude we hope your advanced age causes only age related deafness and not denial to the wrong doing happening to the professional bodies and business houses. Trust it reaches to you in the right spirit.
CA’s who are unable to trust what PM is advocating vs implementing.