Tax Audit & ITR Filing Due Dates Extended to 31 Dec. 2016 for J&K (AY 2016-17): CBDT

Income Tax Return (ITR) Filing Due Date Extended by CBDT for AY 2016-17 (FY/ PY 2015-16)

ITR and Tax Audit Report filing (both) Due Dates have been extended by the CBDT from 30 Sept. 2016 to 17 Oct. 2016 for all assessees who are subject to tax audit for AY 2016-17, except in J&K where the due date for all categories of assessees has been extended to 31 Dec. 2016. Also, CBDT has extended due date for ITR filing from 31 July to 5 Aug. 2016 in Non Tax Audit cases except in J&K.

A. Tax Audit Cases / Companies : ITR Filing Due Date Extended by CBDT to 17 Oct. 2016 / 31 Dec. 2016 for All Assessees whose due date is 30 Sept. 2016 for AY 2016-17 (FY/ PY 2015-16)

The CBDT has extended due date/ last date for filing of ITR and Tax Audit Report from 30 Sept. 2016 to 17 Oct. 2016 in respect of AY 2016-17 for all assessees who are subject to tax audit, except in J&K where the due date for all categories of assessees (tax audit applicable or otherwise both types).

A.1 CBDT Order dt. 9 Sept. 2016 u/s 119 of Income Tax Act, 1961

The last date for making declarations under the Income Declaration Scheme 2016 is 3oth September, 2016 which coincides with the last date of filing Income-tax returns by the tax payers whose accounts are audited and who are required to furnish the returns of income for Assessment Year 2016-17 by 3oth September, 2016 as per provisions of section 139(1) of Income tax Act, 1961.

In order to remove inconvenience and to facilitate ease of compliance, the Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income-tax Act, 1961, hereby extends the ‘due-date’ for furnishing such returns of Income from 30th September, 2016 to 17th October, 2016, in case of tax payers throughout India, who are liable to furnish their Income-tax return by the said ‘due-date’.

 CBDT Order dt. 9 Sept. 2016 F.No.225/195/2016-ITA-II

A.1a CBDT Clarification #1 on the Order dt. 9 Sept. 2016 u/s 119

Those who had doubts in the mind whether it’s extension of due date for just ITR or ITR plus Tax audit Report, they were advised to refer the explanation (ii) to Section 44AB of the Income Tax Act, 1961. Further, CBDT has also clarified the issue, as under:

Central Board of Direct Taxes, vide order u/s 119 of the Income-tax Act, 1961 (‘Act’) dated 9th September, 2016, has extended the ‘due date’ for filing of income tax returns by the taxpayers whose accounts are audited u/s 44AB and who are required to furnish the returns of income for Assessment Year 2016-17 by 3oth September, 2016 as per provisions of section 139(1) of the Act from 3oth September, 2016 to 17th October, 2016. Clarifications are now being sought whether the said extension of ‘due date’ would also apply for getting the accounts audited in accordance with the provision of section 44AB.

Section 44AB of the Act, stipulates-that the accounts are to be got audited by an accountant and furnished in the prescribed manner before the ’specified date’. The ’specified date’ under Explanation (ii) to that section has been defined to be the ‘due date’ for furnishing the return of income under sub-section (1) of section 139. Therefore, the extended ’due date’ as per CBDT order dated 9th September, 2016 would also apply for the purpose of section 44AB of the Act.

 CBDT Clarification dt. 14 Sept. 2016 F. No. 225/195/2016-ITA II

A.1b CBDT Clarification #2 on the Order dt. 9 Sept. 2016 u/s 119

In continuation of order u/s 119 of the Income-tax Act, 1961 dated 9th September, 2016 and clarification thereof dated 14th September, 2016, both vide F.No. 225/195/2016/ITA.II , it is further clarified that the extension of ’due-date’ mentioned in these orders would apply to all assessees who are required to file their return of income by 3oth September, 2016 as per clause (a) of Explanation 2 to sub-section (1) of section 139 of Income-tax Act, 1961.

 CBDT Clarification dt. 30 Sept. 2016 F. No. 225/195/2016-ITA II

A.2 CBDT Order u/s 119 dt. 18 Oct. 2016 F.No. 225/ 195/2016/ lTA.lI

In order to mitigate the difficulties being faced by the taxpayers in the State of Jammu & Kashmir in filing income tax returns and reports of audit for Assessment Year 2016-2017 by the ’due date’, as prescribed under section 139(1) of Income-tax Act, 1961, the CBDT, hereby extends the ‘due date’ for filing income tax returns and reports of audit under the provisions of Income-tax Act pertaining to Assessment Year 2016-2017 for all categories of taxpayers in the State of Jammu & Kashmir to 31st December, 2016.

 CBDT Order u/s 119 dt. 18 Oct. 2016

B. Non Tax Audit Cases/ Individuals : ITR Filing Due Date extended by CBDT from 31 July to 5 Aug. 2016/ 31 Dec. 2016 for AY 2016-17 (FY/ PY 2015-16)

CBDT has extended due date for ITR filing, for Non Tax Audit cases, individuals, etc. from 31 July to 5 Aug. 2016  except in J&K where the due date has been extended upto 31 Dec. 2016.

B.1 For whole of India except J&K, due date extended from 31 July to 5th August 2016

On consideration of reports of Bank strike on 29th July, 2016 (Friday) and the 31st July, 2016 (Sunday), being a Bank-Holiday, in order to avoid any inconvenience to the taxpayers while making payment of taxes pertaining to returns of income for Assessment Year 2016-2017 (PY/FY 2015-16), which are required to be filed by 31st July, 2016 as per provisions of Section 139(1) of Income-tax Act, 1961, the Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income-tax Act, 1961, hereby extends the `due-date’ for filing such returns of Income from 31st July, 2016 to 5th August, 2016, in case of taxpayers throughout India who are liable to file their Income-tax return by the said ‘due-date’.

 CBDT Order dt. 29 July, 2016 ITR Due Date Extended (except J&K) to 5 August, 2016

B.1a For J&K, due date initially extended from 31 July to 31 Aug. 2016

On consideration of reports of dislocation of general life in certain areas of the State of Jammu & Kashmir, the Central Board of Direct Taxes, in exercise of Powers conferred under section 119 of the Income-tax Act, 1961 (‘Act’), hereby extends the ‘due-date’ for filling Returns of Income, for Assessment Year 2016-2017 (PY/FY 2015-16), from 31st July, 2016 to 31st August, 2016, in case of Income-tax assessees in the State of Jammu & Kashmir who are required to file their return under section 139(1) of the Act by the said ‘due date’.

 CBDT Order dt. 29 July, 2016 ITR Due Date Extended in J&K to 31 Aug. 2016

B.1b For J&K, due date is further extended from 31 Aug. 2016 to 30 Sept. 2016

CBDT has further extended the ‘due-date’ for filing Return of Income (ITR) from 31 Aug. 2016 to 30 Sept., 2016, for Income-tax assessees of the state of Jammu & Kashmir who are required to file their return by the said ‘due date’ under section 139(1) of the Income Tax Act read with CBDT order dt. 29.07.2016 issued under section 119.

 CBDT Order dt. 26 Aug. 2016 ITR Due Date further Extended in J&K to 30 Sept. 2016

B.1c For J&K, due date is further extended from 30 Sept. 2016 to 31 Dec. 2016

For J&K the due date for filing of ITR and Tax Audit Report, wherever applicable, has been extended by CBDT to 31 Dec. 2016.

 CBDT Order u/s 119 dt. 18 Oct. 2016

Article/ Update Shared by:
CA Abhinav Aggarwal, New Delhi Mobile: +91-9811482460; email: [email protected]

3 Comments

  1. Raj Raman Singh Sep 10, 2016
    • kamal murarka Sep 10, 2016
  2. hemshankar jethmal Oct 12, 2016

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