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May 19, 2021

Request for Extension of due dates of ITR/TDS/TCS

by CA Shivam Jaiswal in Income Tax

Request for Extension of due dates of ITR/TDS/TCS

Tax Bar Association, Nizamabad has made a request for Extension of Due date in filing the Return of Income under Income tax act for the AY 2020-21 (Financial year ending 31st of March 2020) and timelines for TDS/TCS compliances for AY 2021-22.

Copy of letter form Tax Bar Association to FM

TAX BAR ASSOCIATION

Nizamabad

Date: 17.05.2021

To
The Hon’ble Minister of Finance
Govt of India
New Delhi

To
The Central Board of Direct Taxes
New Delhi
India

Sir / Madam

Sub: Request for Extension of Due date in filing the Return of Income under Income tax act for the Asst year 2020-21 (Financial year ending 31st of March 2020) and timelines for TDS/TCS compliances for AY 2021-22– reg.

In view of the severe pandemic, the C.B.D.T Vide Circular No. 08/2021 F. No. 225/49/2021/ITA-II dated 30.04.2021, had extended the timelines up to 31.05.2021, for certain compliances by the Tax payers under Income Tax Act 1961.

Though, numerous representations were made requesting extension even before March 2021 and thereafter, circular was issued Dt: 01-05-2021; by which time one month period involved in extension lapsed. It may please be noted that the assessee has to bear the burden of interest U/s. 234A, B and C for an extra month; i.e. had the extension been granted in the month of March for one month, the assessee would have filed the returns by this date, i.e. before the end of April 2021. Further the facility to upload the returns electronically was made ready only after a week from the date of notification of extension. Therefore the net extension was of only about 23 days and that too after 37 days of original deadline of 31st of March 2021.

However, the Pandemic has not ended and the conditions have worsened since then. Many of the States have declared lockdown on own and the spread of the disease has multiplied because of community spread. States like West Bengal and Karnataka are under lockdown till the end of May 2021. States of Maharashtra, Telangana, Delhi, Bihar, Kerala and other States are under lockdown till the end of this month and the return to normalcy is still uncertain. Complying with the Covid safety norms, people are willing to stay at home to be safe. Most of the Tax Professionals have closed their offices and their staffs are not attending to their regular duties. Commuting to the offices and places of business has become tough and for restricted hours and consequently filing of Returns of income is not possible unless normalcy returns.

Various immediate tasks of statue include the deduction of TDS and filing the e-TDS returns before the specified dates. By virtue of a Press release Dt: 01st of May 2021, due date for deposit of TDS to the credit of Govt U/s. 194IA, 194IB and 194M were extended till 31st of May 2021. It is not understandable as to why this extension facility was restricted to the above three types of payments. It is requested that timelines be extended for all the provisions of TDS till 30th of June 2021.

Sir, your good selves will appreciate that when the Government has decided to extend timelines till 30-06-202, inter alia for issue of notice U/s 148 and various other provisions applicable to the Departmental Officials, in the similar pandemic situation on the other side i.e., the tax payers who were also affected adversely by the said pandemic, expect the Govt., to have notified extension to the compliances to be made on their part on the principles of equity and fair play.

The Government itself has advised people not to move outside and has either imposed lockdown or placed under curfew. Most of the trade associations, at various places, fearing the spread, are observing self proclaimed lockdowns and are strictly observing the lockdown rules. It is impossible to trace the victims and in some cases the Health workers [Medical Professionals] themselves are the victims of the Pandemic forcing them to shut down their Hospitals.

Many assesses who are themselves infected are either hospitalized or are under quarantine and are not in a position to discharge their statutory responsibility.

In this context, we request you to take fair view of the matter and extend the due date of filing the returns as given hereunder.

The due date of filing the Returns of income and E-TDS returns may please be extended as under: –

Assessment YearFinancial YearDue date to be extended to
2020-21Income tax Returns U/s. 139(1), 139(4) and 139(5)01-04-2019 to 31-03-202030th of June 2021
Asst year 2013-14 to Asst year 2017-18Returns to be filed in response to notice U/s. 148 of Income tax act2012-13 to 2016-1730th of June 2021
2021-22TDS Provisions01-04-2020 to 31-03-202130th of June 2021

We look forward for a fair consideration on the above stated issue and once again request you to extend the due dates as stated above.

Thank you

For Tax Bar Association, Nizamabad

Sd/-

CA. Venkataramana Dhara

Date: 17.05.2021

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