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July 28, 2022

Representation requesting for Extension of Due date for filing of Income Tax Returns till 31st August 2022

by CA Shivam Jaiswal in Income Tax Circular Notification

Representation requesting for Extension of Due date for filing of Income Tax Returns till 31st August 2022

Hon’ble Smt. Nirmala Sitharaman Ji,

Union Minister of Finance,

Government of India

North Block, New Delhi – 110001

Dated: 27.07.2022

Subject: – Representation requesting for Extension of Due date for filing of Income Tax Returns till 31st August 2022

Respected Madam

Greetings of the Day

First of all, on behalf of the association we congratulate & thank the Central Board of Direct Taxes for robust and speedy processing of Income Tax Returns for Assessment Year 2022-23 filed on or after 01.04.2022.

Haryana State Tax Bar Association having its registered office at Karnal incorporated in the year 2020 is an association representing Advocates practicing in Direct and Indirect taxes, having membership from whole of Haryana.

Our Association main object is “To uplift the dignity of the Tax Profession to its pinnacle.” We take it as our duty to protect the privileges, rights and prestige of the association, its members, our clients, General public and all stakeholders. We always represent problems faced by Taxpayers and Assesses before the respective tax authorities. We always work to create harmony with Tax authorities and better tax administration through various compliances.

The prime objective of our Association is not only to work for the cause of its professionals but also to educate the public at large. HSTBA regularly organises webinars, seminars, lectures on tax advocacy and legal awareness. We act as a catalyst between Citizens & Government Authorities to increase government revenue.

Through this representation letter, We request your good self to please extend the “Due Date” falling due on 31st July, 2022 under section 139(1) of the Income Tax Act, 1961 to 31st August, 2022, in the light of the following problems and issues:-

  • In earlier years, not many persons were covered under the ambit of TDS/TCS provisions. However, with the introduction of many new sections, there is huge increase in number of persons who are covered under the provisions of TDS / TCS. The due date for filing of TDS, TCS returns for Q-4 2021-22 was 31St May 2022. On filing of TDS, TCS returns credit to be gets reflected by 15.06.2022. There is a chance for rectification and also required minimum 10 –

15 days time that means finally we can get all of our information by 30.06.2022. Usually we get only 30 days, to file most of the returns after considering all financial transactions and other information provided by Income Tax department (26AS & AIS). The tax payers also have to reconcile the information shown in Annual Information Statement. Hence, they need proper time to collect the correct information so that their returns are filed accurately.

To ensure accuracy and to correctly file the income tax returns, the tax professionals have to check 26AS & AIS of their clients and compare the same with the information provided by the client. Thus, additional efforts are required on the part of tax professionals, which even we, the tax professionals insist upon, to ensure the correct filing of ITR and to avoid any intimation u/s. 143(1) of the Act or scrutiny assessments and further to ensure that the taxpayers duly discharges the correct amount of tax liability and no information should be inadvertently missed.

  • There are still various issues / technical glitches in the Income Tax Portal which we expect to be resolved in the coming weeks. Common offline utilities for filing Income-tax Returns ITR 1, ITR 2, ITR 3 and ITR 4 for the AY 2022-23 were released around 01.07.2022. It also leads to delay in tax filings by the professionals and the assesses.
  • On July 2, 2022, the Twitter handle of Income Tax India, itself admitted that “It has been noticed that taxpayers are facing issues in accessing ITD e-filing portal. As informed by Infosys, they have observed some irregular traffic on the portal for which proactive measures are being taken. Some users may be inconvenienced, which is regretted.”
  • Due to delayed monsoon in many part of India, the taxpayers and professionals are not able to manage excessive volume of work. Due to heavy rains in different parts of the country, the data relating to an assessee cannot be compiled judiciously.

In an ordinary scenario, delaying compliances is considered to be an ominous sign for a business’ health. But these are exceptional circumstances and hence, we require your co-operation and patient hearing to our concerns. We would be very grateful if your good self would take an early action in this regard and have a positive consideration of our requests. This will be very useful for the taxation fraternity and also for the trade and industry.

In the light of all these facts, We again request your goodself to take necessary action in the interest of general public and extend the “Due Date” falling due on 31st July, 2022 under section 139(1) of the Income Tax Act, 1961 by at least one month upto 31 August 2022.

We assure all our support and co-operation in guiding the taxpayers in fulfilling their compliance obligations required by law and being the connecting link between the taxpayers and the Government.

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