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Analysis of extension of due dates under Income Tax

Vivek Jalan
Due date extensions for income tax filings expand return, audit and TDS timelines while adjusting fees, interest and compliance timing. Notification extends multiple income tax compliance deadlines and adjusts the applicability of related fees, penalties and interest. It defers filing dates for original and revised returns and current year returns while preserving late filing fees and interest in specified circumstances; reschedules TDS/TCS return filings and TDS certificate issuance but leaves some monthly TDS payment dates unchanged; adjusts interest phases for delayed tax payments; defers audit report deadlines with differential penalty exposure. It also extends timelines for capital gains rollovers, SEZ deduction commencement, administrative orders and notices, Aadhaar PAN linking, approvals for exempt entities and Chapter VI A investment deadlines. (AI Summary)

Extension of due dates under Income Tax, 

Recently Central Government has issued Income Tax Notification No. 35/2020 on 24th June 2020 which relates to extension of Due dates under Income Tax Law. Article analyses all such extension of due dates in recent past-

A. Income Tax Due Dates Extension

 

SectionComplianceFresh Due Date
139Last Date for Original & Revised IT

Return for FY 18-19

Comments –

– However the Fees u/s 234F For  belated return will apply\

– Interest u/s 234 A, B & C shall apply  subject to below

31st July 2020
139ITR for FY 2019-20 

Comments –  

– It applies to all whether Original due  date is 31st July  or 31st October

– Int u/s 234B & C shall be levied in all cases

– Int u/s 234A shall apply subject to below

– No penalty or fees upto reised due date

30th November 2020
AnyLast date of furnishing audit report for FY 2019-20

Comments –

– For FY 18-19, the penalty u/s 271B @0.5% of Turnover or ₹ 1.5 Lakhs whichever is higher, shall apply

– For FY 19-20, no penalty

31st October 2020
234ADate for payment of self-assessment tax in the case of a taxpayer whose self-assessment tax liability is upto ₹ 1 lakh for FY 2019-20.

Comment – Say Tax Liability for FY 19-20 is ₹ 1.1 Lakhs and out of which TDS Credit/Adv Tax/Other relief is ₹ 0.2L. In this case the said extension APPLIES as the present liability is less than ₹ 1 Lakh.

However, one has to assesses the due amt. and pay the differential Advance Tax by the Original due date of Return.

30th November 2020
200 & 206CLast Date of furnishing of TDS/TCS returns for Q4 of 2019-20 or Feb’20 & Mar’2031st July 2020
203Last date of issuing TDS certificates for FY 19-2015th August 2020
 No Extension of Due date of payment of TDS for June 2020. It still remains 7th July 2020 
 Interest on Delayed payment of TDS, TCS, Advance Tax and FA9% upto 30th June 2020

12%/18% thereafter

54/ 54GBFor making investment/ construction/ purchase for claiming roll over benefit/ deduction in respect of capital gains under sections 54 or 54GB of the IT Act30th September, 2020
10AADate for commencement of operation for the SEZ units for claiming deduction under section 10AA of the IT Act has also been further extended for the units which received necessary approval by 31st March, 2020.30th September, 2020
 Date for passing of order or issuance of notice by the authorities and various compliances under various Direct Taxes & Benami Law which are required to be passed/ issued/ made by 31st December, 2020 has been extended31st March, 2021
 Date for linking of Aadhaar with PAN31st March, 2021
 Vivaad Se Vishwas Scheme – Declaration, Passing of Order, etc31st Dec 2020
10(23C)/12AA35/80GNew procedure for Approval/ Registration30th September 2020
Chp. VIALast date for investments under Chapter VI-A i.e. 80C (LIC, PPF, NSC etc.), 80D (Mediclaim), 80G (Donations) etc. for the FY 2019-2031st July 2020

 

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