Except Taxpayers & CA’s, Anyone Accountable here? Where are the Income Tax Return Forms Mr. FM?

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Taxpayers and tax professionals are responsible for everything and anything. There is someone who is never responsible. That someone is Government Machinery, Politicians & Bureaucrats of the Country.

This is the time to mention that it is now mandatory for the taxpayer to file the income tax return within due date failing which taxpayer liable to pay a late fee from Rs. 1000/- to Rs. 10,000/- depending upon the period of delay and quantum of income.

The chronicle amendment increasing the accountability of the taxpayer is proposed for filing the income tax return from the financial year 2017-18 & onwards.

By virtue of the said amendment, if the return of income is not filed within due date (i.e., before 31st July or 30th September, as the case may be) then late fee would be leviable, which is as under:

  1. For taxpayer with income exceeding Rs. 5 Lakh, Late fee would be as under:
    a] Rs. 5000/- if return is filed by 31stDecember
    b] Rs. 10,000/- if return is field after 31st December.
  2. For taxpayer with income up to Rs. 5 Lakh, Late fee would be Rs. 1,000/-.

However, the painful part is that the taxpayers are penalized for every delay but there is no penalty for delay on the part of CBDT in notifying the forms.

The Income Tax Return forms for the FY 2017-18 (ay: 2018-19) are not yet notified by the Government. Painful, it is.

The scenario is prevailing despite the fact that the Court has already used harsh words against CBDT for delay in notifying the forms. Due to court instructions, the forms for the FY 2016-17 (AY : 2017-18) was announced well in advance. However, the commitment has failed and instructions are totally ignored in the current year. This is also a time to recall the unreasonable delay in notifying the forms in earlier years.

It was in the case of Delhi High Court in the case Avinash Gupta Vs. UOI where a historical & Landmark Judgment was delivered. The Hon’ble court has instructed the Government to ensure availability of forms for tax audit from the beginning of next assessment year. The Court has correctly taken the note of the fact of delay by CBDT in release of ITR forms which has become a habit of CBDT. The Judgment was expected to have a long lasting effect as it was expected to impose accountability & responsibility for timely release of Income Tax Forms.

 

However, accountability is never displayed by few. Hope, accountability and late fees concept is there in the Country for the either side.


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