Revised Time Limits for Various Compliances under the Income-tax Act
- Blog|Income Tax|
- 2 Min Read
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- Last Updated on 17 June, 2021
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Considering the Covid-19 pandemic, the Central Board of Direct Taxes (CBDT) had extended the due dates of various tax compliances to 30.04.2021 through various notifications issued under the Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020 (TLA Act, 2020).
As Covid-19 pandemic raging unabated across the country, the Central Government vide press release, dated 24-04-2021, has decided to further extend the time limits to 30.06. 2021 in the cases where the time-limit was earlier extended to 30.04.2021. The notifications in this regard shall be issued in due course.
The impact of the aforesaid press release on various time barring dates notified under TLA Act, 2020 is enumerated under the following table:-
Extension of Due Dates
| Section | Particulars | Original Due Date | Due Date extended by the TLA 2020 read with previous Notification[1] | New Due Dates | |
| Section 139AA | Linking of Aadhaar number and PAN | 31-03-2020 | 30-06-2021 | 30-06-2021[2] | |
| Section 139AA read with Rule 114AAA | PAN to be treated as inoperative due to non-linking it with Aadhaar number | 31-03-2020 | 31-03-2020 | 31-03-2020[3] | |
| Direct Tax Vivad se Vishwas Act, 2020 | Payment of tax without additional charge | – | 30-04-2021[4] | 30-06-2021 | |
| Direct Tax Vivad se Vishwas Act, 2020 | Opting for Scheme | 30-03-2021[5] | 30-03-2021[6] | ||
| Section 153/153B | Passing of order for assessment or reassessment by AO
· Cases where on account of various extension notifications, the due date is getting expired on 31-03-2021. · Cases where due date is getting expired on 31-03-2021 without giving effect of any extension notification. |
–
31-03-2021 |
30-04-2021
30-09-2021[7] |
30-06-2021
30-09-2021 |
|
| Section 148 | Issuance of notice under section 148 for reopening the assessment where income has escaped assessment
· Cases where on account of various extension notifications, the due date is getting expired on 31-03-2021. · Cases where due date is getting expired on 31-03-2021 without giving effect of any extension notification. |
–
31-03-2021 |
30-04-2021
30-09-2021[8] |
30-06-2021
30-09-2021 |
|
| Section 144C(13) | Passing of order consequent to direction of DRP (The extension has been given in those cases where the due date falls between 20-03-2020 to 31-03-2021) |
– | 30-04-2021 | 30-06-2021 | |
| Section 168 of the Finance Act 2016 | Sending intimation of processing of Equalisation Levy
(The extension has been given in those cases where the due date falls between 20-03-2020 to 31-03-2021) |
– | 30-04-2021 | 30-06-2021 | |
| Chapter XXI of the Income-tax Act | Imposition of penalty
(The extension has been given in those cases where the due date falls between 20-03-2020 to 29-06-2021) |
– | 30-06-2021[9] | 30-06-2021 | |
| Benami Act | Issue of notice or passing of any order under Benami Act
(The extension has been given in those cases where the due date falls between 20-03-2020 to 30-06-2021) |
– | 30-09-2021[10] | 30-09-2021 | |
————————–
[1] Notification S.O. 1432(E), dated 31-03-2021
[2] Ibid
[3] The Govt. has extended the due date for linking of PAN with Aadhaar. However, no amendment has been made in Rule 114AAA which provides that if an assessee fails to link his PAN with Aadhaar by 31-03-2020, the PAN shall become inoperative.
[4] Notification S.O. 964(E), dated 26-02-2021
[5] Ibid
[6] Though the Govt. has extended the last date for making payment without additional charge under Vivad se Vishwas Scheme to 30-06-2021. However, no extension has been given in case of opting for such Scheme.
[7] Notification No. S.O. 966(E), dated 27-02-2021
[8] Ibid
[9] Ibid
[10] Ibid
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Section 139AA read with Rule 114AAA
PAN to be treated as inoperative due to non-linking it with Aadhaar number
What happens to a NRI who has PAN and is not eligible for Aadhaar number? There should be some provision to take note of NRI status and such peoples PAN should not be made inoperative.
Only the ones who are eligible to obtain Aadhaar are required to link it with PAN.
Refer Notification No. 37/2017, dated 11.5.2017 issued under sub-section (3) of section 139AA of the Income-tax Act, 1961 whereby the provisions of section 139AA shall not apply to an individual who does not possess the Aadhaar number or the Enrolment ID and is:—
1. residing in the States of Assam, Jammu and Kashmir and Meghalaya;
“2. a non-resident as per the Income-tax Act, 1961;”
3.of the age of eighty years or more at any time during the previous year;
4. not a citizen of India.
So don’t worry it wont become inoperative
The above extension is not applicable to order to be passed u/s.263 by 31.03.2021.