TaxTMI 
TaxTMI 
2022 (4) TMI 1393
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.... 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 the said Act, then, as per Sub-section 4 of Se....
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....) 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 complete the assessment on the basis of the draft order, if- (a) the assessee intimates to the Assessing Officer the acceptance of the variation....
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....ayment 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 31st 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 31st 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 (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) (hereinafter referred to as the said Act), and in partial modification of the notifications of the Government of India in the Ministry of Finance, (Department of Revenue) No. 93/2020 dated ....
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....021; (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 and was last amended vide S.O. 1703(E) dated 27th April,2021. GOVERNMENT OF INDIA Ministry of Finance CENTRAL BOARD OF DIRECT TAXES New Delhi, 25th June, 2021 Government grants further extension in timelines of compliances. Also announces tax exemption for expenditure on COVID-19 treatment and ex-gratia received on d....
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....ct") for which the last date of filing under that section is 1st June, 2021 or thereafter, may be filed within the time provided in that section or by 31st 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 31st 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 15th July, 2021. 3) The Certificate of Tax Deducted at Source in Form No.16, required to be furnished to the employee by 15th June, 2021 under Rule 31 of the Rules, as extended to 15th July, 2021 vide Circular No.9 of 2021, may be furnished on or before 31st July, 2021. 4) The Statement of Income paid or credited by an investment fund to its unit holder in Form No. 64D for the Previous Year 2020-21, required to be furnished on or before 15th June, 2021 under Rule 12CB of the Rules, as extended to 30th June, 2021 vide Circular No.9 ....
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....ne, 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 27th June, 2021, may be exercised on or before 31st July, 2021. 13) Last date of linkage of Aadhaar with PAN under section 139AA of the Act, which was earlier extended to 30th June, 2021 is further extended to 30th September, 2021. 14) Last date of payment of amount under Vivad se Vishwas (without additional amount) which was earlier extended to 30th June, 2021 is further extended to 31st August, 2021. 15) Last date of payment of amount under Vivad se Vishwas (with additional amount) has been notified as 31st October, 2021. 16) Time Limit for passing assessment order which was earlier extended to 30th June, 2021 is further extended to 30th September, 2021. 17) Time Limit for passing penalty order which was earl....
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....ovisions) 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 limit to file objections by the tax payers to DRP was extended by CBDT Circular No. 8 of 2021 dated 30.4.2021 and as per said Circular last date for filing of objections before DRP which was due on 1.4.2021 or thereafter was extended upto 31.5.2021. Thus, in view of the said Circular, petitioner could have filed objections to draft order dated 19.4.2021 by 31.5.2021. Therefore, as per sub-section 4 of Section 144-C of the Act, the Assessing Officer was required to complete assessment by 30.6.2021, i.e., within one month from the end of the month in which period of filing ....