India Extends AY 2021-22 Due Dates for ITR and Tax Audit Reports on Account of COVID, E-Filing Difficulties

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In a press release put out on January 11, 2022 (see here), the Central Board of Direct Taxes (CBDT) stated that due dates for filing tax audit reports and income tax returns for Assessment Year 2021-22 have been further extended.

The move is on account of difficulties experienced by taxpayers due to COVID-19 and electronic filing of various reports of audit under the provisions of the Income Tax Act, 1961.

To prevent confusion regarding key tax reporting dates, businesses are welcome to reach out to our tax advisors at india@dezshira.com.

Details from the January 11, 2022 press release are as follows:

Due date for furnishing the Report of Audit

The due date of furnishing the Report of Audit under any provision of the Income Tax Act, 1961 for the Previous Year 2020-21, which was September 30, 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 October 31, 2021 and January 15, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021, respectively, is now further extended to February 15, 2022.

The due date of furnishing the Report of Audit under any provision of the Income Tax Act, 1961 for the Previous Year 2020-21, which was October 31, 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 February 15, 2022.

Due date for furnishing the Report from an Accountant

The due date to furnish the Report from an Accountant by persons entering into international transaction(s) or specified domestic transaction(s) under section 92E of the Income Tax Act, 1961 for the Previous Year 2020-21, which was October 31, 2021, as extended to November 30, 2021 and January 31, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021, respectively, is now further extended to February 15, 2022.

Due date for income tax return filing for AY 2021-22

The due date to submit the Return of Income for the Assessment Year 2021-22, which was October 31, 2021 under sub-section (1) of section 139 of the Income Tax Act, 1961, as extended to November 30, 2021 and February 15, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021, respectively, is now further extended to March 15, 2022.

The due date to submit the Return of Income for the Assessment Year 2021-22, which was November 30, 2021 under sub-section (1) of section 139 of the Income Tax Act, 1961, as extended to December 31, 2021 and February 28, 2022 by Circular No.9/2021 dated 20.05.2021 and Circular No.17/2021 dated 09.09.2021, respectively, is again extended to March 15, 2022.

Clarifications from the tax department on where the extensions do not apply

  • The CBDT clarified that these extensions shall not apply to Explanation 1 to section 234A of the Income Tax Act, 1961, 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 INR 100,000.
  • In case of an individual resident in India referred to in sub-section (2) of section 207 of the Income Tax Act, 1961 – the tax paid by the person 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.

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