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CBDT provides relaxation for Verification of e-filed ITR for last 5 years


cbdt-provides-relaxation-for-verification-of-e-filed-itr-for-last-5-years

CBDT provides relaxation for Verification of e-filed ITR for last 5 years: CBDT vide Circular No. 13/2020 dated 13.07.2020 ​has provided one-time relaxation for Verification of income-tax returns for the Assessment Years 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20 which are pending due to non-filing of ITR-V form.


An online electronically filed income tax returns are required to be verified either electronically by EVC / OTP  or by sending manually signed ITR-V to CPC, Bangalore. Normally, an online e-filed return is required to be verified within 120 days of electronic filing of return of income. In certain cases like in case of companies and assessees who are subject to comp[ulsory tax audit are mandatorily required to file ITR with the digital signature.


In other cases, the verification of e-filed returns is required to be done with electronic verification code or by submitting the verification of the return in Form ITR-V.


In case a return is not verified in an aforesaid manner, the return is treated as an invalid return and it will be deemed that no return has been filed by the assessee. A return which is not verified is not taken up for processing under section 143(1).


The circular states that a large number of electronically filed ITR still remains pending with the Income-tax Department for want of receipt of a valid ITR-V Form at CPC, Bengaluru from the taxpayers concerned. 


In law, consequences of non-filing the ITR-V within the time allowed is significant as such a return is/can be declared Non-est in law, thereafter, all the consequences for non-filing a tax return, as specified in the Income-tax Act,1961 (Act) follow.


In order to resolve the grievances of the taxpayers associated with non-filing of ITR-V for earlier Assessment Years and to regularize such returns which have either become Non-est or have remained pending due to non-filing/non-receipt of respective ITR-V Form, the Board has extended the time limit to verify the already e-filed ITR either electronically or by sending a duly signed physical copy of ITR-V to CPC, Bengaluru through speed post for the last 5 assessment years from AY 2015-16 to AY 2019-20.


Such verification process must be completed by 30.09.2020.


A return can be verified electronically through the following modes-

i. Through Aadhaar OTP 

ii. By logging into e-filing account through net banking 

iii. EVC through Bank Account Number 

iv. EVC through Demat Account Number 

v. EVC through Bank ATM 


The Circular further states that this relaxation shall not apply in those cases, where during the intervening period, Income-tax Department has already taken recourse to any other measure as specified in the Act for ensuring filing of tax return by the taxpayer concerned after declaring the return as Non-est


The circular has also extended the time limit to process such returns u/s 143(1) by 31st December, 2020 along with interest on refund, if any.




Read the full text of the Circular No. 13/2020 dated 13.07.2020 on ​One-time relaxation for Verification of tax-returns for the Assessment years 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20 which are pending due to non-filing of ITR-V form and processing of such returns


Circular No. 13/2020


F. No. 225/59/2020/ITA-II

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes 

*****


New Delhi, dated the 13th of July, 2020 


Subject: - One-time relaxation for Verification of tax-returns for the Assessment years 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20 which are pending due to non-filing of ITR-V form and processing of such returns - reg.


In respect of an Income-tax Return (ITR) which is filed electronically without a digital signature, the taxpayer is required to verify it using anyone of the following modes within the time limit of 120 days from date of uploading the ITR: - 

i. Through Aadhaar OTP 

ii. By logging into e-filing account through net banking 

iii. EVC through Bank Account Number 

iv. EVC through Demat Account Number 

v. EVC through Bank ATM 

vi. By sending a duly signed physical copy of ITR-V through post to the CPC, Bengaluru


2. In this regard, it has been brought to the notice of Central Board of Direct Taxes ('CBDT') that a large number of electronically filed ITR still remain pending with the Incometax Department for want of receipt of a valid ITR-V Form at CPC, Bengaluru from the taxpayers concerned. In law, consequences of non-filing the ITR-V within the time allowed is significant as such a return is/can be declared Non-est in law, thereafter, all the consequences for non-filing a tax return, as specified in the Income-tax Act,1961 (Act) follow.


3. In this context, as a one-time measure for resolving the grievances of the taxpayers associated with non-filing of ITR-V for earlier Assessment Years and to regularize such returns which have either become Non-est or have remained pending due to non-filing/non-receipt of respective ITR-V Form, the CBDT, in exercise of powers under section 119 of the Act, in case of returns for Assessment Years 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20 which were uploaded electronically by the taxpayer within the time allowed under section 139 of the Act and which have remained incomplete due to non-submission of ITR-V Form for verification, hereby permits verification of such returns either by sending a duly signed physical copy of ITR-V to CPC, Bengaluru through speed post or through EVC/OTP modes as listed in para 1 above. Such verification process must be completed by 30.09.2020


4. However, this relaxation shall not apply in those cases, where during the intervening period, Income-tax Department has already taken recourse to any other measure as specified in the Act for ensuring filing of tax return by the taxpayer concerned after declaring the return as Non-est


5. Further, CBDT, also relaxes the time-frame for issuing the intimation as provided in second proviso to sub-section (1) of Section 143 of the Act and directs that such returns shall be processed by 31.12.2020 and intimation of processing of such returns shall be sent to the taxpayer concerned as per the laid down procedure. In refund cases, while determining the interest, provision of section 244A (2) of the Act would apply.


6. In case the taxpayer concerned does not get his return regularized by furnishing a valid verification (either ITR-V or EVC/OTP) by 30.09.2020, necessary consequences as provided in law for non-filing the return may follow.


7. Hindi Version follows.


(Rajarajeswari R.)

Under Secretary (ITA.II), CBDT


Download Copy of Circular No. 13/2020 dated 13.07.2020 on One-time relaxation for Verification of ITRs of last 5 years in pdf format.

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