TaxTMI 
TaxTMI 
Belated authorisation by CBDT for reporting in Form 26AS of the information, received since 01.01. 2022 under AEOI framework under an agreements referred to in section 90 and 90A of the IT Act,1961
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....elated authorisation by CBDT for reporting in Form 26AS of the information, received since 01.01. 2022 under AEOI framework under an agreements referred to in section 90 and 90A of the IT Act,1961<br>By: - DEV KUMAR KOTHARI<br>Income Tax<br>Dated:- 3-9-2026<br>Belated authorisation by CBDT for reporting in Form 26AS of the information, received since 1st January 2022 under Automatic Exchange of Information (AEOI) framework under an agreement referred to in Section 90 and 90A of the IT Act,1961 . There seems some lacking in Circular and it need clarification and amendment. Relevant statutory provisions Income-tax Act, 1961 • Section 90 - about Agreement with foreign countries or specified territories • Section....
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.... 90A - about Adoption by Central Government of agreements between specified associations for double taxation relief • Section 119 - Instructions to subordinate authorities • 285BB of - • Under Income-tax Rules, 1962 : Rule 114I - Annual Information Statement Form 26AS Annual Information Statement Income-tax Act, 2025 Section 536 - about Repeal and savings. Reason to described belated: It covers period for PY 2022-23 on wards relevant to assessment years 2023-24 on wards and period of filing of ITR up to AY 2025-26 was already over and time line for filing of ITR for AY 2026-27 was already started. Form 26AS is a continuous and real time reporting system. When prescribed and relevant i....
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....nformation are reported by concerned authorities or parties abount various information, the Director General of Income-tax (Systems), Delhi or other specified authorities / delegates upload information in form 26AS which is designed for uploading information for assessees having valid Permanent Account Number (PAN). We can expect information within a reasonable time after relevant information are uploaded by concerned authority or parties in the system. Before the Circular of 08.07.2026 the following information were furnished in form 26AS as per Rule 114I relating to Annual Information Statement popularly known as Form 26AS. Sl. No Nature of information (1) (2) (i) Information relating to tax deducted or collected a....
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....t source (ii) Information relating to specified financial transaction (iii) Information relating to payment of taxes (iv) Information relating to demand and refund (v) Information relating to pending proceedings (vi) Information relating to completed proceedings Circular to further authorise: In terms of sub-rule (2) of Rule 114 I, the CBDT has issued Circular vide F. No. 225/73/2025/ITA-II dated 08.07.2026. The contents of the Circular are reproduced below with highlights added by author: "CBDT Authorization for Reporting under Automatic Exchange of Information in the Annual Information Statement in Form 26AS under Income Tax Act, 1961 Xxxxx " In exercise of powers conferred under section 119....
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.... of the Income-tax Act, 1961 ('the Act') read with Rule 114-I(2) of the Income-tax Rules, 1962 and also read with section 536 of the Income-tax Act, 2025, the Central Board of Direct Taxes ('the Board'), hereby authorises the Director General of Income-tax (Systems), Delhi to upload in the Annual Information Statement in Form No. 26AS of the Income-tax Rules, 1962 the information, received under Automatic Exchange of Information (AEOI) framework under an agreement referred to in section 90 and 90A of the Act,- (a) for the period 01.01.2022 to 31.12.2022, 01.01.2023 to 31.12.2023 and 01.01.2024 to 31.12.2024, which is in his possession within ninety days from the date of issue of this order; (b) for the period 01.01.202....
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....5 to 31.12.2025, which comes into his possession within ninety days from the end of the month in which the information is received by him. 2. The Director-General of Income-tax (Systems), Delhi shall specify the procedures, formats and standards for the purposes of uploading of Annual Information Statement in Form No. 26AS containing the information referred to in the para above." Unquote: In this circular period of calendar year is adopted and information for calendar year 2022, 2023, and 2024 which are in possession of The Director-General of Income-tax (Systems), Delhi is required to be uploaded within ninty-days from the date of issue of the Circular. That means these information, in possession, for the period up to 31.12.2024 ....
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....are to be uploaded by 6.11.26 in Form 26AS. If any information for period 01.01.2022 to 31.12.2024 comes in his possession later then naturally it should be uploaded within 90 days from the day when it is received. Regarding 2025: It is required to be uploaded within 90 days from the end of month in which information is received. There seem some impossibilities and difficulties in compliance because if any information was received in month of January to March 2025, these cannot be uploaded within 90 days from the end of month in which received because the Circular was not issued by that time. For the month of April to June there will be difficulty, due to short time, after issue of Circular but can be uploaded within 90 days fro....
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....m the end of month in which information was received. Therefore, for the period from 01.01.2025 to 31 July 2025 time should have been allowed up to 90 days from the issue of circular even for the period 01.01.2025 to 31.07.2025. Previous year is still April to March. Therefore, for uploading this information in form 26AS April to Marh Period should have been prescribed. Why period from 1st January to 31st December is stated is not explained and is not understandable. As we all know for 26AS is for a FY ( April to March) therefore uniformity should have been applied. For the period from 01.01.2026 the Circular is silent. The period of 01.01.2026 to 31.03.2026 is covered within the previous year 2025-26 relevant to assessment y....
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....ear 2026-27. If the Circular is strictly followed then there will not be complete information for the PY ending 31.03.26 relevant to assessment year 2026-27. This information may be relevant for assessee for AY 2026-27 for which return of income was required to be filed after the date of Circular dated 08.07.2026 (having last date to file Return on 31.07.26, 31.08.26 and thereafter. In view of above, author feels that there are some missing links as to dates and period and the Circular need to be amended and clarified. =============<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....