CBDT in its first Circular of the year vide Circular No. 01/2022 dated 11th January 2022 issued an Order u/s 119 in order to extend the due date of filing of ITR and Tax Audit Report for the assessment year (AY) 2021-22 to 15th March 2022 and 15th February 2022 respectively. This is the third extension of due dates for filing of ITR and Tax Audit Reports for the AY 2021-22, primarily due to the non-functioning of the e-filing portal which was launched on 7th June 2021 and the COVID-19 pandemic.
In this context, CBDT has issued a Press Release on the even date to inform the extension of due dates of filing of return and tax audit reports for the AY 2021-22.
One should note that this time the extension in due dates is given only for taxpayers having tax audit and corporate assessees. Non-corporate assessees like salaried indviduals etc., having no tax audit are not given any extension and their due date already expired on Dec 31, 2021. However, they can file their revised return or belated return till 31st March 2022.
Unfortunately, even though an extension of due dates is granted, one needs to pay interest under section 234A if the self-assessment tax exceeds Rs. 1,00,000. This is despite the fact that the extension is given due to the non-functioning of the new income-tax portal due to which taxpayers could not file their returns. Further, owing to the worsening COVID-19 situation throughout the country, taxpayers are penalized in the form of interest liability for no fault of theirs.
Hence the benefit of extension in due dates are given only for these assessees-
1. All corporate assessees
2. All non-corporate assessees having tax audits including Charitable Trusts and NGOs
This is clarified by the CBDT in its Press Release as well as the Circular which states that on consideration of difficulties reported by the taxpayers and other stakeholders in the filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22 under the Income-tax Act, 1961, CBDT has extended the due dates. Thus, it clearly shows that there is no fault on the part of the taxpayers for the delay and the resultant extension of due dates, but still, the taxpayers have to bear the interest liability.
As per the Order issued vide Circular No. 1/2022 on 11th January 2022, where the due date for filing of tax audit reports is 30th September 2021 and was earlier extended till 31st October 2021 and then to 15th January 2022. Consequently, the due date for filing of return for the AY 2021-22 in tax audit cases and for Companies is extended to 15th March 2022 from 15th February 2022. The normal due date to file the return of income in tax audit cases under section 139(1) is 31st October 2021 which was earlier extended to 30.11.2021.
Similarly, where the due date for filing of tax audit reports for persons having international transactions or specified domestic transactions is 31st October 2021 and was earlier extended till 30th November 2021 and 31st January 2022 is further extended to 15.02.2022. Consequently, the due date for filing of return for the AY 2021-22 in such cases is extended from 28th February 2022 to 15.03.2022. The normal due date to file the return of income in such cases under section 139(1) is 30th November 2021 which was earlier extended to 31.12.2021.
However, there is no change in the due date of furnishing of belated and revised Return of Income for the AY 2021-22, which is 31st December 2021 under sub-section (4) and sub-section (5) of section 139 respectively, and was extended to 31st March 2022. This due date was earlier extended to 31st January 2022 against the normal due date of 31st December 2021 for the AY 2021-22. This was extended by Circular No. 17/2021 dated 09.09.2021.
Readers are aware that Finance Act, 2021 has reduced the time limit to file the belated and revised return under sections 139(4) and (5) respectively from AY 2021-22. Prior to the amendment, the last date to file the belated/revised return was 31st March of the relevant AY. This was reduced by three months to 31st December of the relevant AY from the AY 2021-22. A consequential amendment was also introduced in section 234F to omit the provisions related to the imposition of late fees under section 234F which was applicable of belated/revised was filed in between January and March of the relevant assessment year.
The first extension of due dates for filing of return and tax audit report was given on 20th May 2021 vide Circular No. 9/2021. At that time, almost all the States were under lockdown due to the outbreak of the second wave of COVID-19 pandemic.
The extension of due dates of income-tax return and tax audit report for AY 2021-22 vide Circular No. 1/2022 dated 11.01.2022 are as under-
Read the full text of Circular No. 1/2022 dated 11.01.2022 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22
Circular No. 01/2022
F. No. 225/49/2021/ITA-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
*****
New Delhi, dated 11th January 2022
Subject: - Extension of timelines for filing of Income-tax returns and various reports of audit for the Assessment Year 2021-22– reg.
On consideration of difficulties reported by the taxpayers and other stakeholders due to COVID and in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in exercise of its powers under Section 119 of the Act, provides relaxation in respect of the following compliances:
1. The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which was 30th September 2021, in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act, as extended to 31 st October 2021 and 15 th January 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is hereby further extended to 15th February, 2022;
2. The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which was 31st October, 2021, in the case of assessees referred in clause (aa) of Explanation 2 to sub-section (1) of section 139 of the Act, is hereby extended to 15th February, 2022;
3. The due date of furnishing of Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2020-21, which was 31 st October 2021, as extended to 30th November 2021 and 31st January 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is hereby further extended to 15th February, 2022;
4. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31 st October 2021 under sub-section (1) of section 139 of the Act, as extended to 30th November 2021 and 15th February 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is hereby further extended to 15th March, 2022;
5. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 30 th November 2021 under sub-section (1) of section 139 of the Act, as extended to 31st December 2021 and 28th February 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is hereby further extended to 15th March, 2022.
Clarification 1: It is clarified that this extension shall not apply to Explanation 1 to section 234A of the Act, in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of sub-section (1) of that section exceeds one lakh rupees.
Clarification 2: For the purpose of Clarification 1, in case of an individual resident in India referred to in sub-section (2) of section 207 of the Act, the tax paid by him under section 140A of the Act within the due date (without extension under Circular No.9/2021, Circular No.17/2021 and this Circular) provided in that Act, shall be deemed to be the advance tax.
Sd/-
(Ravinder Maini)
Director to the Government of India
Download Copy of CBDT Circular No. 1/2022 dated 11.01.2022 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22 in pdf format
Read the full text of Press Release dated 11.01.2022 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, 11th January, 2022
PRESS RELEASE
CBDT extends due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22 under the Income-tax Act, 1961
On consideration of difficulties reported by the taxpayers and other stakeholders due to COVID and in electronic filing of various reports of audit under the provisions of the Income-tax Act, 1961 (the Act), the Central Board of Direct Taxes (CBDT) has decided to further extend the due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22. The further details are as under:
1. The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which was 30th September, 2021, in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act, as extended to 31st October, 2021 and 15th January, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is further extended to 15th February, 2022;
2. The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which was 31st October, 2021, in the case of assessees referred in clause (aa) of Explanation 2 to sub-section (1) of section 139 of the Act, is extended to 15th February, 2022;
3. The due date of furnishing of Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2020-21, which was 31st October 2021, as extended to 30th November, 2021 and 31st January, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is further extended to 15th February, 2022;
4. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31st October, 2021 under sub-section (1) of section 139 of the Act, as extended to 30th November, 2021 and 15th February, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is further extended to 15th March, 2022;
5. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 30th November, 2021 under sub-section (1) of section 139 of the Act, as extended to 31st December, 2021 and 28th February, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021 respectively, is further extended to 15th March, 2022.
It is also clarified that the extension of the dates as referred to in clauses (12) and (13) of Circular No.9/2021 dated 20.05.2021, clauses (4) and (5) of Circular No.17/2021 dated 09.09.2021 and in clauses (4) and (5) above shall not apply to Explanation 1 to section 234A of the Act, in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of subsection (1) of that section exceeds rupees one lakh. Further, in case of an individual resident in India referred to in sub-section (2) of section 207 of the Act, the tax paid by him under section 140A of the Act within the due date (without extension under Circular No.9/2021 dated 20.05.202, Circular No. 17/2021 dated 09.09.2021 and as above) provided in that Act, shall be deemed to be the advance tax.
CBDT Circular No.01/2022 in F.No.225/49/2021/ITA-II dated 11.01.2022 issued. The said Circular is available on www.incometaxindia.gov.in.
(Surabhi Ahluwalia)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT
Download Copy of Press Release dated 11.01.2022 on Extension of ITR and Tax Audit Report filing Due Date for AY 2021-22 in pdf format
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