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October 21, 2020

5 CAs Association Requested PM Modi for Tax Audit, ITR and GST due dates Extension

by CA Shivam Jaiswal in Circular and Notifications, GST, Income Tax

5 CAs Association Requested PM Modi for Tax Audit, ITR and GST due dates Extension

The Extract of the Request to PM Modi

Issued in the interest of Lakhs of tax payers and tax Professionals of the country of the country

The covid-19 pandemic has shaken the word normalcy. We appreciate protective measure taken by our Government to help the economy. However we wish to highlighting undue and unintended hardship that are currently  traced by the taxpayers.

Time line for filing of income tax and GST returns and other Audit forms

Current position : The due Date for filing of the based return for FY2018-19 (AY 2019-20) has been extended thrice  the current extended due date is November 30, 2020.

However, after an initial extension of the due date for filling of the return of income for FY 2019-20(AY 2020-21) no further relaxation announced. This has passed taxpayer to undue hardship.

The current deadlines for filing of the returns are as follows  

ParticularDue date
Income tax Returns (ITRS )for all Taxpayers (Including where audit under the income tax Act or any other act is associate) for FY 2019-2030 November 2020
Tax Audit report and transfer pricing report submission  for  FY 2019-2031ST October 2020
GST Annual Return (GSTR-9)and GST Audit (GSTR-9C) submission FY 2018-1931ST October 2020
GST Annual Return (GSTR-9)and GST Audit (GSTR-9C) submission FY 2019-2031ST December 2020

There are still many State in the country where lockdown has not been lifted the number of containment zones are rapidly changing. Furthermore there are restrictions on the number of staff member that can come to work in many cities across India the life line in terms of public transport is still not available. This has rested into very low number of people working physically in office .

Many organisation especially  MSMEs and small corporates. Majority of CA firm who carry out Audit are small and medium sized firm having limited resource to work to work and work form home. Further audit is actively that more than often that not happens on the ground and in the premises getting impacted considerably. People are more worried right now about survival than about  tax compliances.

In many case, ITR –  6 form (The income tax return form used by Business entities)   and the Tax Audit forms – Form 3CD relevance for AY 2020-21 have been amended  very recently the utility which allow the taxpayer  to file the form 3 has not yet been made available Central Board of Direct Tax (CBDT).

For corporate tax payers, the Ministry of Corporate affairs has taken particle and prudent steps of extending date of holding the the Annual General Meeting form 30 September  to  31st December 2020 it is challenging to efficiently and effectively adhere to the tax audit filing due date or 31st October 2020 and ITR filing due date of 20th November, 2020.

In the Indiirect tax spectrum for filing of GSTR 9(Annual Return) and GSTR 9C(Audit report) for FY 2018-19, the due date was extended by a month very recently upto 31st October 2020. However, the time provided is very short considering the parallel deadlines under Income Tax Act and Companies Act.

Besides, the routine deadline for GST filings for FY 2019-20 is 31st December 2020 by default, but within such short time filings cannot be effectively done. Similarly, the clarification  in respect of the treatment of certain items to be presented in GST Annual Return was provided late  as on 9th October 2020. The GSTIN Portal also presents significant difficulties in terms of filing speeds and downtime.

Work on uniform and consistent basis cannot be done due to overlapping  deadlines, which under COVID prone environment, ought to have been extended suo motu by the government.

In this connection, here is some of our members have to say:

CA Suhas Paranjpe, President, BCAS

We at BCAS are concerned with genuine difficulties faced by MSME, SME businesses and small and medium tax practitioners in compliances due to non availability of modes of conveyance, travel restrictions. Also, many are infected with Covid-19. We urge the authorities to be considerate and extend the various due dates immediately.

CA Rasesh Shah, President, CAAS

The government is not treating the taxpayers equally and fairly by not extending due dates during Pandemic when due dates for Income tax department for complying various provisions have already been extended till 31st March 2021.

Anshu Agarwal, President, LCAS

The magnitude of disruption caused in the lives and work schedules of the people of the country due to COVID 19 pandemic necessitates a liberal approach from the government in asking the tax payers and professionals to make compliances under various laws. The least the government can do is to extend due dates under various laws notably under Income tax, GST laws till 31.03.2020 at one go instead of extending it for short period every month.

CA Rajni Shah, Ahmedabad

“The Hon’ble PM has advised all Indians to take necessary precautions in this terrible Covid 19 time. There are last minute changes in Form 3CD and the utility has not yet been made available. The Finance Ministry Should have suo motu extended the due dates considering the views of the PM and looking to the grave situation in the country.”

Kumar S Jigajini, KSCAA

“Covid-19 situation continues to cause havoc in the state of Karnataka disrupting operations of businesses and CA offices. The need of the hour is to take care of self and their near ones health and not be pressurized by statutory obligation of due dates. Impending times prevalent are to humanity marks absolute interference in extension of due date of audit and return filing an early indulgence in this is appreciated.”

Our request to the Hon’ble Prime Minister of India Shri Narendra Modi:

Considering all the above difficulties, we earnestly request you to kindly prevail upon the Hon’ble Finance Minister Smt Nirmala Sitharaman to extend the due dates immediately lot.

(1) Filing of income-tax returns for all the taxpayers for A.Y. 2020-21 to 31st March, 2021;

(2) Filing of tax audit reports and transfer pricing reports for A.Y. 2020-21 to 28th  February, 2021; (3) Filing the GST Annual Return and GST Audis for FY 2018-19 to 31st December 2020;

(4) Filing the GST Annual Return and GST Admits for FY 2019-20 to 30th  June 2021.

Consequently, the timeline for filing al the reports and certificates under the Act which fall due along with or in connection with the ITR and GST filing due dates may also be extended to 31st March, 2021

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