Whether the date extended for all assesses or only assesses in tax audit?

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Whether the date extended for all assesses or only assesses in tax audit?

The following question is asked to us:

Whether the notification of date extension is applicable to following assesses?

  • Trust
  • Partnership Firms
  • Individuals, HUFs having turnover greater than 1 Cr. but less than 2 Cr.
  • Company

First let us have a look at the copy of circular:

  1. No.225/358/2018/ITA. II

Government of India

Ministry of Finance

Department of Revenue

 Central Board of Direct Taxes

 North-Block, ITA.II Divsion

New Delhi, the 8th of October,2018

Order under Section 119 of the Income Tax Act, 1961

On consideration of representations from various stakeholders for further extension of due date being 30th September, 2018 for purpose of filing return of income as well as various reports of audit pertaining to Assessment Year 2018-2019 for assessee covered under clause(a) of Explanation2 of section 139(1) of the Income Tax Act, 1961, the Board, in partial modification of its order dated 24.09.2018 in file of  even number, hereby, further extends the due date for filing of return of income and reports of audit pertaining to Assessment Year 2018-2019 from 15th October, 2018 to 31st October, 2018. However, as specified in earlier order dated 24.09.2018, assessees filing their return of income within the extended due date shall be liable for levy of interest as per provisions of section 234A of the Act.

It may be noted that the date is extended for all classes of assesses covered under clause(a) of Explanation2 of section 139(1) of the Income Tax Act, 1961. The clause reads as under:

Explanation 2.—In this sub-section, “due date” means,—

(a)  where the assessee other than an assessee referred to in clause (aa) is—

 (i)  a company ; or

(ii)  a person (other than a company) whose accounts are required to be audited under this Act or under any other law for the time being in force; or

(iii) a working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force,

the 30th day of September of the assessment year;

It is aptly clear from the above words that all classes of assesses who are required to get their Books of Accounts Audited and file the return by 30th September is now required to file the return by 31st of October 2018.

To conclude,

All the assesses who were covered by the due date of 30th September including Trust, Partnership firm, AOP, Companies are eligible for date extension.


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