TaxTMI 
TaxTMI 
2022 (4) TMI 1393
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....ng the same. Return of income was picked up for scrutiny and notice dated 22.09.20219 u/s 143(2) of the said Act was issued to petitioner. Subsequent notices were also issued and petitioner responded to those notices. Respondent no.1 passed draft assessment order dated 19.4.2021 u/s 143(3) r/w Section 144-C of the said Act proposing to make addition amounting to Rs. 38,97,58,539/(hereinafter to be referred as 'draft assessment order'). 3. This draft assessment order came to be passed as per the provisions of Sub-section 1 of Section 144-C of the said Act with variations proposed since the petitioner was eligible assessee as per provisions of Section 144C(15)(b) of the said Act. 4. As per provisions of Sub-section 2 of Section 144-C of the said Act eligible assessee has a right to file objections to draft assessment order or convey his acceptance against proposed variations in draft assessment order within 30 days from the date of receipt of draft assessment order. If assessee conveys his acceptance to the draft assessment order or does not file objections with Dispute Resolution Panel (hereinafter to be referred to as 'DRP') within time limit prescribed in Section 144-C(2) of....
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.... 8. Therefore, questions which arise that require answer from us are : a) Whether the Circular and Notifications relied upon by respondents, cover petitioner's case ? b) Whether time to complete assessment under Section 144-C (4) could be stated to have been extended till 30.9.2021 ? 9. Sub-section 1, 2, 3 and 4 of Section 144-C of the said Act reads as under : 144C.(1) The Assessing Officer, shall, notwithstanding anything to the contrary contained in this Act, in the first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which is prejudicial to the interest of such assessee. (2) On receipt of the draft order, the eligible assessee shall, within thirty days of the receipt by him of the draft order- (a) file his acceptance of the variations to the Assessing Officer; or b) file his objections, if any, to such variation with- i) the Dispute Resolution Panel and ii) the Assessing Officer. (3) The Assessing Officer shall comple....
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....tion (5) of Section 139 of the Income-tax Act,1961 for Assessment Year 2020-21, which was required to be filed on or before 31^st March 2021, may be filed on or before 31^st May 2021; e) Payment of tax deducted under Section 194-IA, Section 194-IB and Section 194M of the Income-tax Act,1961 and filing of challan-cum-statement for such tax deducted, which are required to be paid and furnished by 30th April 2021 under Rule 30 of the Income-tax Rules, 1962, may be paid and furnished on or before 31^st May 2021; f) Statement in Form No. 61, containing particulars of declarations received in Form No. 60, which is due to be furnished on or before 30th April 2021, may be furnished on or before 31^st May 2021. (Ravinder Maini) Director to the Government of India. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION NO. 74/2021 New Delhi, the 25th June, 2021 S.O. 2580(E).-In exercise of the powers conferred by sub-section (1) of section 3 of the Taxation and Other Laws (Relaxa....
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....(b) of sub-section (1) of section 3 of the said Act, relates to intimation of Aadhaar number to the prescribed authority under sub-section (2) of section 139AA of the Income-tax Act, the time-limit for such the compliance of such action shall stand extended to the 30th day of September, 2021; (B) where the specified Act is the Chapter VIII of the Finance Act, 2016 (28 of 2016) (hereinafter referred to as the Finance Act) and the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to sending an intimation under sub-section (1) of section 168 of the Finance Act, and the time limit for completion of such action expires on the 30th June, 2021 due to its extension by the said notifications, such time limit shall further stand extended to the 30th day of September, 2021. [F. No. 370142/35/2020-TPL] SHEFALI SINGH, 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&nbs....
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....ing this difficult time, reliefs are being provided through Notifications nos. 74/2021 & 75/2021 dated 25th June, 2021 Circular no. 12/2021 dated 25th June, 2021. These reliefs are: 1) Objections to Dispute Resolution Panel (DRP) and Assessing Officer under section 144C of the Income-tax Act, 1961 (hereinafter referred to as "the Act") for which the last date of filing under that section is 1^st June, 2021 or thereafter, may be filed within the time provided in that section or by 31^st August, 2021, whichever is later. 2) The Statement of Deduction of Tax for the last quarter of the Financial Year 2020-21, required to be furnished on or before 31^st May, 2021 under Rule 31A of the Income-tax Rules,1962 (hereinafter referred to as "the Rules"), as extended to 30th June, 2021 vide Circular No.9 of 2021, may be furnished on or before 15^th July, 2021. 3) The Certificate of Tax Deducted at Source in Form No.16, required to be furnished to the employee by 15^th June, 2021 under Rule 31 of the Rules, as extended to 15t....
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.... 10) The Annual Statement required to be furnished under sub-section (5) of section 9A of the Act by the eligible investment fund in Form No. 3CEK for the Financial Year 2020-21, which is required to be filed on or before 29^th June, 2021, may be furnished on or before 31^st July, 2021. 11) Uploading of the declarations received from recipients in Form No. 15G/15H during the quarter ending 30th June, 2021, which is required to be uploaded on or before 15th July, 2021, may be uploaded by 31st August,2021. 12) Exercising of option to withdraw pending application (filed before the erstwhile Income Tax Settlement Commission) under sub-section (1) of Section 245M of the Act in Form No. 34BB, which is required to be exercised on or before 27^th June, 2021, may be exercised on or before 31^st July, 2021. 13) Last date of linkage of Aadhaar with PAN under section 139AA of the Act, which was earlier extended to 30^th June, 2021 is further extended to 30^th September, 2021. 14) Last date of payment of amount ....
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.... to be ignored, still, draft order having been received by petitioner on 19.4.2021, thirty day period provided under sub-section 2 of Section 144-C of the said Act would have expired on 18.05.2021 which would mean time limit under Sub-section 4 of the said Act would still expire on 30.6.2021. Admittedly, in this case, order has been passed on 27.09.2021. 12. Let us consider whether we could accept respondent's contention that order was within time. Mr. Suresh Kumar submitted under the provisions of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 r/w notification received and relied in the affidavit-of-reply, time has been extended. Mr. Suresh Kumar submitted that notification under Relaxation Act issued by the Government of India for mitigating pains of the tax payers due to general lockdown and restrictions due to COVID pandemic. Same yard-stick apply to the Government officials who were also prevented from working in normal conditions. Government tried its best to save citizens including tax payers and Officers of Government department and hence, provision should be given purposive interpretation. Mr. Suresh Kumar submitted that time limi....