CBDT further defers the reporting requirements relating to Clauses 30C (GAAR)/ 44 (GST) of revised Tax Audit Report Form 3CD, upto 31/03/2022, in view of COVID 19 pandemic.
It may be noted that CBDT has earlier also deferred implementation of these clauses from 20/08/2018 to 31/03/2019, 31/03/2020 & 31/03/2021 due to COVID 19/ other reasons (including due to representations from stakeholders, like ICAI, etc.).
In other words, implementation of certain changes notified in revised Tax Audit Report Form 3CD, vide Notification 33/2018 dt. 20/07/2018 (applicable from 20/08/2018) have been further extended upto 31/03/2022, i.e. changes relating to two new reporting requirements under ‘clause 30C pertaining to GAAR’ and ‘clause 44 pertaining to GST’. Accordingly, Tax Auditors, have been further relaxed from reporting such details while furnishing Form 3CD during 20/08/2018 to 31/03/2022 effectively.
However, it may be noted that relief from reporting GST details in Form 3CD is applicable only for taxpayers those who are liable to tax audit, i.e. this relief has nothing to do with ITR Form 6 requiring a company, which is not subject to tax audit, to give various details relating to GST.
CBDT Income Tax Circular 5/2021 dt. 25/03/2021: Clause 30C (GAAR)/ 44 (GST) of Revised 3CD further extended upto 31/03/2022
Order under section 119 of the Income-tax Act, 1961
Section 44AB of the Income-tax Act, 1961 (‘the Act’) read with rule 6G of the Income-tax Rules, 1962 (‘the Rules’) requires specified persons to furnish the Tax Audit Report along with the prescribed particulars in Form No. 3CD. The existing Form No. 3CD was amended vide notification no. GSR 666(E) dated 20/07/2018 with effect from 20/08/2018. However, the reporting under clause 30C and clause 44 of the Tax Audit Report was kept in abeyance till 31/03/2019 vide Circular No. 6/2018 dated 17/08/2018, which was subsequently extended to 31/03/2020 vide Circular No. 9/2019. Vide circular no. 10/2020 dt. 24/04/2020, it was further extended to 31/03/2021.
In view of the prevailing situation due to COVID 19 pandemic across the country, it has been decided by the Board that the reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance till 31/03/2022.
CBDT Income Tax Circular 10/2020 dt. 24/04/2020: Order u/s 119 – Clause 30C (GAAR)/ 44 (GST) of Revised 3CD further extended upto 31/03/2021
CBDT Income Tax Circular 9/2019 dt. 14/05/2019: Order u/s 119 – Clause 30C (GAAR) and 44 (GST) of Revised 3CD further deferred upto 31/03/2020
CBDT Income Tax Circular 6/2018 dt. 17/08/2018: Order u/s 119 – Clause 30C (GAAR) and 44 (GST) of Revised 3CD deferred upto 31/03/2019
CBDT Notification 33/2018 dt. 20/07/2018: Income Tax (8th Amendment) Rules, 2018 (Reporting Changes in Form 3CD) applicable w.e.f. 20/08/2018
CBDT Press Release dt. 27/01/2017: Clarifications on GAAR provisions to be implemented from 01/04/2017
CBDT Income Tax Circular 7/2017 dt. 27/01/2017: Clarifications/ FAQs on GAAR provisions to be implemented from 01/04/2017