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a.    Clarification regarding new Form No.17

The Committee sought clarification on the issue whether remittances relating to TDS can be made using the old challan 281 as the new Form No.17 was not uploaded in the payment gateway on Ministry’s website. Accordingly, the Government issued a clarification that the old Form would be acceptable upto 1st July 2009.

b.    Delay of refund in scrutiny cases in respect of A.Y. 2007-08

As undue hardship is being faced by assessees on account of delay of refund in scrutiny cases in respect of A.Y. 2007-08. The Committee requested the CBDT to take appropriate steps at the earliest for timely completion of scrutiny assessment in refund cases also, preferably by setting a cut-off date for completion of such assessments. In the alternative, it was suggested that the condition that refund should be granted only after completion of such assessment may be removed.

c.   Submission of Form ITR V

Some hardships and practical difficulties are likely to arise in the filing of Income tax Returns for A.Y. 2009-10 with respect to the directions given in the CBDT Circular No. 03/2009 dated 21-05-2009. Accordingly, the Committee requested the Central Board of Direct Taxes to issue appropriate instructions regading the following:
  • Form ITR-V may be allowed to be submitted by the assessee to the respective Assessing Officers having jurisdiction over the assessee as before. The Income-tax Department may be required to collect these forms and send the same to the Bangalore office.
  • The assessee may be allowed to file the ITR V within 30 days from the end of the month in which the return has been electronically furnished.
d.    Hardship in getting Certificate for lower deduction of tax at source

The Committee requested the CBDT to consider genuine hardships and practical difficulties faced by the assessee in getting a Certificate for lower deduction or non-deduction of tax at source.

e.    Representation made for extension of due date for filing the return of income

Due to the fact that most of the establishments are virtually closed on account of festivals of Durga Pooja, Navratra’s and Dussehra, representations were received from members all over the country posing the difficulties faced by them in preparing and filing the return of income by due date. Hence, ICAI had made a representation to the Chairman, CBDT requesting him to extend the due date for filing the return of income u/s 139 (1) of the Income Tax Act, 1961 suitably.

Further, ICAI had also suggested CBDT to request the Assessing Officers not to fix the cases near to the last date of filing return of income and where the cases are already fixed up the same may be adjourned to some later date. This request has been made since it has been noticed that a large number of cases have been fixed up by the Assessing Officers near to the last date of filing return of income which becomes burdensome for the assessees.

Subsequently, a second representation was made to the Chairman, CBDT requesting him to consider extension of due date of filing return i.e. September 30, 2009 at least by one day on account of closure of banks on September 30, 2009 and consequent difficulty in remitting taxes.

f.    Verification of the fact that the tax audit has been done by a Chartered Accountant

Considering the fact that the auditors are not required to verify the details entered in the e-returns, the membership details of the members are being misused by the assessees as the assessees are quoting such details of a member who has not audited his accounts for that year. In this regard the Committee has made a representation to the CBDT to verify the fact that the tax audit has been done by a Chartered Accountant .The Committee has suggested that the ITR should contain a column requiring the tax auditor to certify that the tax audit has been conducted by him on the date specified therein or alternatively it has been suggested that the tax audit report digitally signed by a Chartered Accountant should be filed along with the return of income.

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