The Government extends certain timelines to 30.09.2021 vide Notification No. 16/2022 in S.O. 1440(E) dated 28.03.2022 issued under section 3(1)(a) of the Taxation and Other Laws (Relaxation) and Amendment of Certain Provisions Act, 2020 (TOLA, 2020).
The Notification states that where the specified Act is the Prohibition of Benami Property Transaction Act, 1988, (45 of 1988) (hereinafter referred to as the Benami Act) and the completion of any action, as referred to in section 3(1)(a) of TOLA, 2020, relates to the passing of any order under sub-section (3) of section 26 of the Benami Act,—
(i) the 30th day of June, 2021 shall be the end date of the period during which the time limit specified in or prescribed or notified under the Benami Act falls, for the completion of such action; and
(ii) the 30th day of September, 2022 shall be the end date to which the time limit for completion of such action shall stand extended.
The notification has extended the completion date of certain actions under the specified Acts. This shall be applicable not only to Income Tax Act, 1961 but also to seven other specified Acts in the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 which are as follows-
(i) the Wealth-tax Act, 1957; 27 of 1957.
(ii) the Income-tax Act, 1961; 43 of 1961.
(iii) the Prohibition of Benami Property Transactions Act, 1988; 45 of 1988.
(iv) Chapter VII of the Finance (No. 2) Act, 2004; 22 of 2004.
(v) Chapter VII of the Finance Act, 2013; 17 of 2013.
(vi) the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015; 22 of 2015.
(vii) Chapter VIII of the Finance Act, 2016; or 28 of 2016.
(viii) the Direct Tax Vivad se Vishwas Act, 2020; 3 of 2020.
It should be noted that the notification 16/2022 has only extended the date for compliances that falls under section 3(1)(a) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. These compliances are meant for tax authorities, commission and tribunals and not for the assessee.
The said clause (a) reads as follows-
(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the specified Act; or
The said notification has extended the time limits to 30th September, 2022 where the action was required to be completed by 30.06.2021 under the Benami Act only.
Read the full text of Notification No. 16/2022 dated 28.03.2022 on Extension of timelines under TOLA, 2020
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 28th March, 2022
S.O. 1440(E).—In exercise of the powers conferred by sub-section (1) of section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) (hereinafter referred to as the said Act), and in partial modification of the notification of the Government of India in the Ministry of Finance, (Department of Revenue) No. 93/2020 dated the 31st December, 2020 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), number S.O. 4805(E), dated the 31st December, 2020 and No. 10/2021 dated the 27th February, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (ii), number S.O. 966(E) dated the 27th February, 2021, and No.20/2021 dated the 31st March, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O 1432(E) dated the 31st March, 2021 and No.74/2021 dated 25th June, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2580(E) dated the 25th June, 2021, and No. 113/2021 dated 17th September, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), number S.O. 3814(E) dated the 17th September, 2021, (hereinafter referred to as the said notifications), the Central Government hereby specifies for the purpose of sub-section (1) of section 3 of the said Act, that where the specified Act is the Prohibition of Benami Property Transaction Act, 1988, (45 of 1988) (hereinafter referred to as the Benami Act) and the completion of any action, as referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to passing of any order under sub-section (3) of section 26 of the Benami Act,—
(i) the 30th day of June, 2021 shall be the end date of the period during which the time limit specified in or prescribed or notified under the Benami Act falls, for the completion of such action; and
(ii) the 30th day of September, 2022 shall be the end date to which the time limit for completion of such action shall stand extended.
[Notification No. 16/2022 / F. No. 370142/35/2020-TPL-Part-II]
UMME FARDINA ADIL, Under Secy.,
Tax Policy and Legislation Division
Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide S.O. No. 4805(E) dated 31st December, 2020 and was last amended vide S.O. 3814(E) dated 17th September, 2021.
Download CBDT Notification No. 16/2022 dated 28.03.2022 on Extension of timelines under TOLA, 2020 in pdf format
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