Order under section 119 of Income Tax Act, 1961 for Extension of due date for Furnishing of Return of Income

Sec­tion 44AB of the Income-tax Act, 1961 („the Act‟) read with rule 6G of the Income-tax Rules, 1962 („the Rules‟) requires cer­tain per­sons to file tax audit report in Form No.3CA/Form No.3CB along with pre­scribed par­tic­u­lars in Form No.3CD. Vide Noti­fi­ca­tion No. 33/2014 dat­ed 25th July, 2014, the forms for fil­ing tax audit report have been revised. As per sec­tion 44AB of the Act, the tax audit report has to be obtained and fur­nished elec­tron­i­cal­ly by 30th Novem­ber of the Assess­ment year in case of an assessee who is required to fur­nish report under sec­tion 92E of the Act and 30th Sep­tem­ber of the Assess­ment year in case of oth­er assessees.

In view of the rep­re­sen­ta­tions received by the Cen­tral Board of Direct Tax­es („the Board‟), the due date for obtain­ing and fur­nish­ing of tax audit report under sec­tion 44AB of the Act for assess­ment year 2014–15 in respect of assessees who are not required to fur­nish report under sec­tion 92E of the Act has been extend­ed from 30th Sep­tem­ber, 2014 to 30th Novem­ber, 2014 vide Order No.133/24/2014-TPL dat­ed 20th August, 2014 in exer­cise of pow­er of the Board under sec­tion 119 of the Act. It has been fur­ther clar­i­fied that the tax audit report filed dur­ing the peri­od from 01.04.2014 to 24.07.2014 in the pre-revised forms shall be treat­ed as valid tax audit report under sec­tion 44AB.

After the exten­sion of the due date for obtain­ing and fur­nish­ing of tax audit report under sec­tion 44AB of the Act, a num­ber of rep­re­sen­ta­tions have been received in the Board request­ing for exten­sion of due date for fur­nish­ing of return of income for the assessees who are required to obtain and fur­nish tax audit report under sec­tion 44AB of the Act and for whom the due date for fur­nish­ing return of income under sec­tion 139(1) of the Act is 30th Sep­tem­ber, 2014. Writ peti­tions have also been filed in var­i­ous High Courts for direct­ing the Board to extend the due date for fur­nish­ing of return of income from 30th Sep­tem­ber, 2014 to 30th Novem­ber, 2014 in con­for­mi­ty with the exten­sion of the due date for fil­ing of tax audit report. The details of the order has been find in the link giv­en below:

Order to extends the due date of Return from 30/09/2014 to 30/11/2014