EY Flash News CBDT further extends timeline for completion of proceedings under Income Tax Laws and payment of amount determined under DTVSV, 2020
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26 April 2021 EY Flash News CBDT further extends timeline for completion of proceedings under Income Tax Laws and payment of amount determined under DTVSV, 2020 Tax Alerts cover significant Executive summary tax news, developments and changes in legislation that This Flash News summarizes a Press Release issued by the Central Board of Direct affect Indian businesses. They Taxes (CBDT)1 on 24 April 2021 (Press Release) further extending due dates for specified compliances by the tax authority and the taxpayer. In the wake of significant act as technical summaries to hardship being faced by taxpayers because of the ongoing COVID-19 pandemic, the keep you on top of the latest tax CBDT has declared further extension in the time limit from 30 April 2021 to 30 June 2021 for passing of assessment/reassessment order, passing of final assessment order issues. For more information, pursuant to directions issued by the Dispute Resolution Panel (DRP) and issuance of please contact your EY advisor. notice for reopening of assessment, all of which were falling due between 20 March 2020 to 31 March 2021. Likewise, the CBDT also declared extension till 30 June 2021 for sending intimation of processing of statements filed by taxpayers under equalisation levy (which were falling due between 20 March 2020 to 31 March 2021). Furthermore, the sunset date for payment of the amount determined under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV) (without any additional amount) has also been extended to 30 June 2021. 1 Apex body of direct tax administration in India
Background ► The central government had promulgated The Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020 (Ordinance)2 which provided that any compliance due on the part of taxpayers or the tax authority under the Income Tax Laws (ITL), which was falling due between 20 March 2020 to 31 December 2020 (hereinafter referred to as Disruption Period), can be complied with on or before 31 March 2021. The Disruption Period was extended till 30 March 2021 vide Notification No. 93/2020 dated 31 December 20203. ► Acknowledging the hardship being faced by taxpayers because of the ongoing COVID-19 pandemic, the CBDT had issued Notification No. 10/2021 dated 27 February 20214 (February Notification) and Notification No. 20/2021 and Press Release dated 31 March 20215 (March Notification) providing for extension In various time limits6 under the ITL. ► DTVSV was introduced as a part of Union Budget 2020 to provide an opportunity for taxpayers to settle their direct tax disputes pending as on 31 January 2020 by filing a declaration in the prescribed form with the Designated Authority (DA) and by paying the prescribed amount before the due date. The sunset date for payment of 100% of disputed tax (without an additional amount) was extended from 31 March 2021 to 30 April 2021, vide Notification No. 9/2021 dated 26 February 2021.7 ► In the wake of the continuing pandemic, the CBDT has issued the Press Release providing for extension in time limit till 30 June 2021 for passing assessment/reassessment orders, orders to be passed in consequence of directions of the DRP etc., as well as the time limit for payment of the amount payable under DTVSV. 2 Refer our Tax Alerts, “COVID 19 Impact - recently for various compliance under Income Tax Laws and VSV Act, 2020” dated 01 January Government extends various timelines up to 2021 4 30 June 2020 and provides relaxations under Refer our Tax Alert, “CBDT further extends timeline for completion of proceedings under Income various direct tax laws in India” dated 1 April Tax Laws and Benami Property Law” dated 1 March 2021 5 2020 and “Central Government introduces Bill Refer our Tax Alert, “CBDT grants further extension for linking Aadhaar with PAN by taxpayers to codify COVID-19 reliefs, faceless and issuance of reopening notices, passing of final assessment orders etc. by tax authority” dated proceedings and supplement some Finance Act 5 April 2021 6 2020 amendments” dated 19 September Passing of assessment/reassessment orders, issuance of notice for reopening assessment, 2020 processing of statement filed under equalisation levy by the taxpayers etc. 3 7 Refer our Tax Alert, “CBDT issues Refer our Flash News, “CBDT further extends sunset date for filing declaration under “The Direct notifications to formalize extensions granted Tax – Vivad Se Vishwas Act, 2020” and making payment of disputed tax” dated 28 February 2021
Press Release ► The CBDT has granted further extension to the tax authority in relation to specific compliances under the ITL as follows: Compliance Erstwhile Erstwhile Extended Extended Further pertaining to disruption compliance disruption compliance extended period date period date compliance date as per Press Release Passing of 20 March 31 March No change 30 April 2021 30 June 2021 assessment/ 2020 to 30 2021 reassessment March 2021 orders under ITL Passing of final 20 March 31 March 20 March 30 April 2021 30 June 2021 assessment order 2020 to 30 2021 2020 to 31 pursuant to March 2021 March 2021 directions issued by DRP Issuance of notice 20 March 31 March 20 March 30 April 2021 30 June 2021 for reopening of 2020 to 30 2021 2020 to 31 assessment March 2021 March 2021 Sending 20 March 31 March 20 March 30 April 2021 30 June 2021 intimation of 2020 to 30 2021 2020 to 31 processing of March 2021 March 2021 statements filed by taxpayers under equalisation levy
► In addition to the above, in the following cases, the timeline for completion of proceedings under the ITL were already extended earlier by the February and March Notifications, which remain unaffected by the present Press Release: Compliance Erstwhile Erstwhile Extended Extended pertaining to disruption compliance date disruption compliance date period period Passing of penalty 20 March 2020 31 March 2021 20 March 2020 30 June 2021 order under Chapter to 30 March to 29 June XXI of ITL 2021 2021 Passing of Not covered in 31 March 2021 Not Applicable 30 September assessment/ disruption period 2021 reassessment orders above but is due under ITL on 31 March 2021 Issuance of notice 20 March 2020 31 March 2021 20 March 2020 30 September and passing of order to 30 March to 30 June 2021 under Benami Law 2021 2021 ► The Press Release has granted further extension till 30 June 2021 for payment of the amount determined under DTVSV (without any additional amount).
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