Timelines - original and extended
This article purports to highlight the extant timelines
applicable for income-tax return filing and related proceedings. The table
below gives a synopsis of due dates as prescribed under the Income-tax Act,
1961 ("the Act") as extended by the Central Board of Direct Taxes
("CBDT") from time to time for some of the important compliances
(including assessment proceedings), from assessment year ('AY') 2018-19 to
2021-22 for different categories of taxpayers.
Original tax return
|
Filing of original tax return |
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|
Original return - Taxpayers (not required to furnish
transfer pricing report under section 92E of the Act) |
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|
Particulars |
Due date |
Assessment year ("AY") |
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|
2018-19 |
2019-20 |
2020-21 |
2021-22 |
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|
Filing of tax return (non-corporate taxpayers) |
Before extension |
TAR N.A. |
31.07.2018 |
31.07.2019 |
31.07.2020 |
31.07.2021 |
|
TAR applicable |
30.09.2018 |
30.09.2019 |
31.10.2020 |
31.10.2021 |
||
|
As extended |
TAR N.A. |
31.08.2018 |
31.08.2019 |
10.01.2021 |
31.12.2021 |
|
|
TAR applicable |
31.10.2018 |
31.10.2019 |
15.02.2021 |
15.02.2022 |
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|
|
|
|
|
|
|
Filing of tax return (corporate taxpayers) |
Before extension |
30.09.2018 |
30.09.2019 |
31.10.2020 |
31.10.2021 |
|
|
As extended |
31.10.2018 |
31.10.2019 |
15.02.2021 |
15.02.2022 |
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|
|
|
|
|
|
|
|
Original return - Taxpayers (required to furnish
transfer pricing report under section 92E of the Act) |
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|
Filing of tax return |
Before extension |
30.11.2018 |
30.11.2019 |
30.11.2020 |
30.11.2021 |
|
|
As extended |
N.A. |
N.A. |
15.02.2021 |
28.02.2022 |
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|
Reports
|
Tax Audit Report (i.e. Form No. 3CA/CB & 3CD) &
Transfer Pricing Report (Form No. 3CEB) |
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|
Particulars |
Due date |
AY |
|||
|
2018-19 |
2019-20 |
2020-21 |
2021-22 |
||
|
Taxpayers (not required to furnish transfer pricing
report under section 92E of the Act) |
|||||
|
Filing of TAR |
Before extension |
30.09.2018 |
30.09.2019 |
30.09.2020 |
30.09.2021 |
|
As extended |
31.10.2018 |
31.10.2019 |
15.01.2021 |
15.01.2022 |
|
|
|
|
|
|
|
|
|
Taxpayers (required to furnish transfer pricing report
under section 92E of the Act) |
|||||
|
Filing of TAR |
Before extension |
30.11.2018 |
30.11.2019 |
31.10.2020 |
31.10.2021 |
|
As extended |
N.A. |
N.A. |
15.01.2021 |
31.01.2022 |
|
|
|
|
|
|
|
|
|
Filing of report under section 92E of the Act |
Before extension |
30.11.2018 |
30.11.2019 |
31.10.2020 |
31.10.2021 |
|
As extended |
N.A. |
N.A. |
15.01.2021 |
31.01.2022 |
|
Belated / revised tax returns
|
Filing of tax return |
|||||
|
Particulars |
Due date |
AY |
|||
|
2018-19 |
2019-20 |
2020-21 |
2021-22 |
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|
Belated/ Revised tax return (for all cases) |
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|
Filing belated tax return |
Before extension |
31.03.2019 |
31.03.2020 |
31.03.2021 |
31.12.2021 |
|
As extended |
N.A. |
30.11.2020 |
31.05.2021 |
31.03.2022 |
|
|
|
|
|
|
|
|
|
Filing revised tax return |
Before extension |
31.03.2019 |
31.03.2020 |
31.03.2021 |
31.12.2021 |
|
As extended |
N.A. |
30.11.2020 |
31.05.2021 |
31.03.2022 |
|
Assessment proceedings
|
Assessment proceedings |
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|
Particulars |
Due date |
AY |
|||
|
2018-19 |
2019-20 |
2020-21 |
2021-22 |
||
|
Taxpayers (not required to furnish transfer pricing
report under section 92E of the Act) |
|||||
|
Selecting returns for assessment [issue of notice u/s
143(2)] |
Before extension |
30.09.2019 (6 months from the end of the financial year in which return is filed) |
30.09.2020 / 30.06.2021 |
30.06.2021/ (30.06.2022 in case belated/ revised return filed after 31.03. 2021) |
30.06.2022 |
|
As extended |
N.A. |
31.03.2021 |
N.A. |
N.A. |
|
|
|
|
|
|
|
|
|
Completion of assessment [except cases, where
objections are filed before the Dispute Resolution Panel ("DRP")] |
Before extension |
30.09.2020 |
31.03.2021 |
31.03.2022 |
31.12.2022 |
|
As extended |
30.09.2021 |
30.09.2021 |
N.A. |
N.A. |
|
|
|
|
|
|
|
|
|
Taxpayers (required to furnish transfer pricing report
under section 92E of the Act) |
|||||
|
Selecting returns for assessment [issue of notice u/s
143(2)] |
Before extension |
30.09.2019 (6 months from the end of the financial year in which return is filed) |
30.09.2020 / 30.06.2021 |
30.06.2021 (30.06.2022 in case belated/ revised return filed after 31.03.2021) |
30.06.2022 |
|
As extended |
N.A. |
31.03.2021 |
N.A. |
N.A. |
|
|
|
|
|
|
|
|
|
Completion of assessment (except cases, where
objections are filed before the DRP) |
Before extension |
30.09.2021 |
31.03.2022 |
31.03.2023 |
31.12.2023 |
|
As extended |
30.09.2021 |
31.03.2022 |
N.A. |
N.A. |
|
Other deadlines
|
Cases where objection are filed before the DRP |
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|
Particulars |
Due date |
AY 2017-18 |
|
|
Non-TP Cases |
TP Cases |
||
|
Filing of objections |
Before extension |
31.01.2020 |
30.04.2021 |
|
As extended |
NA |
31.05.2021 |
|
|
|
|
|
|
|
Issuance of directions by the DRP |
Before extension |
30.09.2020 |
31.12.2021 |
|
As extended |
31.03.2021 |
NA |
|
|
|
|
|
|
|
Passing of assessment order pursuant to DRP directions |
Before extension |
31.10.2020 |
31.01.2022 |
|
As extended |
30.06.2021 |
NA |
|
Time limit for completion of assessment by assessing
officer ("AO") for AY 2018-19 (where reference is made to the TPO
under section 92CA of the Act) – Clarification by the CBDT
While the due dates for filing returns and completion of
assessment proceedings were clearly specified in the Notifications, there was a
slight uncertainty on the due date for completion of assessment proceedings for
AY 2018-19, in cases where a reference was made to the Transfer Pricing
Officer("TPO").
As per sub-section (4) of section 153 of the
Act, additional 12 months are granted to complete the assessment proceedings
for Transfer Pricing (TP) matters. Further, as per the third proviso to
sub-section (9) of section 153 of the Act, tax officer should get at least 60
days for completion of assessment proceeding post receipt of TP order from the
TPO under section 92CA of the Act.
Since the due date for completing the assessment
proceedings for AY 2018-19 was extended to 30 September 2021, pursuant to CBDT
Notification No. 74 of 2021 dated 25 June 2021, it was felt that by applying
the law as it stood, that the due date for completion of assessment proceedings
for TP referred cases for AY 2018-19 should be 30 September 2022 and in view of
the same, the due date to pass a TP order should be 31 July 2022, thereby,
allowing the 60 days period to the AO.
In this regard, the CBDT issued an internal Office
Memorandum on 28 June 2021 to clarify that assessment proceedings were
originally required to be completed by 30 September 2020, which got extended to
30 September 2021 for TP cases. The TP order in such cases is required to be
passed 60 days before 30 September 2021, i.e. by 31 July 2021. Since 31 July
2021 does not fall under the window of section 3 of Taxation and Other Laws
(Relaxation and Amendment of Certain Provisions) Act, 2020 ("TOLA"),
no extension is granted by TOLA in such cases. The time limit for passing final
assessment order in such cases is provided under section 153 of the Act only
and is therefore, 30 September 2021 for AY 2018-19.
Relying on the office memorandum issued on 28 June 2021
for completion of assessment proceeding with TP cases for AY 2018-19,
currently, it has been considered that for AY 2019-20, the due date
to pass the TP order would be 31 January 2022, and the
due date to complete the assessment proceedings for TP matters for AY 2019-20
would be 31 March 2022.
Deadline for filing of appeals
The Hon'ble Supreme Court vide order 23 March 2020 passed
in suo motu Writ Petition (Civil) No.3 of 2020 directed that the period(s) of
limitation, as prescribed under any general or special laws in respect of all
judicial or quasi-judicial proceedings, whether condonable or not, shall stand
extended w.e.f. 15 March 2020 till further orders.
The said order was vacated on 8 March 2021. However, in
view of the second wave of COVID the aforesaid order was restored vide order
dated 27 April 2021 in Miscellaneous Application No. 665/2021.
A controversy had arisen on the applicability of the
above order on income-tax proceedings in view of Circular No. 8 of 2021 issued
by the CBDT on 30 April 2021, notifying the extension of time for filing the
appeals before CIT(Appeals) till 31 May 2021.
However, the same was clarified vide Circular No. 10 of
2021 dated 25 May 2021, wherein the CBDT had provided clarification regarding
the applicability of time limitation for filing of appeals, that the limitation
of filing appeal before the CIT(Appeals) under the Act stands extended till
further orders as directed by the Hon'ble Supreme Court order.
The statutory extension provided by the Hon'ble Supreme
Court should apply to all the limitations provided under the Act for judicial
proceedings (for example, to the filing of ITAT appeals).
It may be noted that the extension was only vis-Ã -vis
filing of appeals. Thus, there were no restrictions on tax and/or appellate
authorities on conducting the proceedings and passing of the order. In
practice, however, the authorities have been supportive in these testing times
and are ensuring that adequate opportunity of being heard is provided to the
taxpayer.
Recently the Hon'ble Supreme Court vide its order dated
23 September 2021 restored its earlier order dated 8 March 2021, thereby,
lifting the extension in limitation period. As per the said order, the period
from 15 March 2020 till 2 October 2021 shall be excluded while computing the
limitation period. Accordingly, the balance period of limitation as on 15 March
2020 shall be made available from 3 October 2021. In case such balance period
is less than 90 days, then period of limitation would be 90 days from 3 October
2021 for all persons. In the event the actual balance period of limitation
remaining w.e.f. 3 October 2021 is greater than 90 days, then the longer period
shall apply.
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