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Extension due date tax audit report & return 24thoct13

vinit (article) (32 Points)

24 October 2013

Members,

one of the clients tax audit report 31.03.13 was filed Online alongwith itax return on 1st october 2013 but Manual submission of tax audit report was not done within 30thsept 2013 as required under earlier notification.....

Does this latest order u/s.119 dated 24th oct' 2013- Imply that in above case although tax audit report was NOT SUBMITTED MANUALLY within 30.09.2013 but Tax Audit Report with Return was Filed online on 1st oct 2013 , that will be considered valid within due date and no late filing penalty will be levied as manual submission with A.O is not done... ?????

help....thanks

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shanky budhiraja (will be decided) (96 Points)
Replied 25 October 2013

Hi Vinit,

To give the response of your query , would like to retriate the few relevant contents of notice issued by department using his power given under law through section 119 dated 24.10.2013 vide F. No.225/117/2013/ITA.II.

" Hereby directs that in cases where the due date of furnishing reports of audit and corrosponding income tax returns was 30th September , 2013 and where the same are furnished electronically on or before 31st October ,2013 , such report of audit and returns of Income shall be deemed to have been furnished with in due date."

Please mark the above highlighted words , accordingly if a person who's TAR & return due on 30th september 2013 and he filed the same through electronically (please mind here again electronically not manually) on or before 31st October 2013. In this situation his TAR & return would be considered filed timely.Hence no dalay no penalty.

Applying the above analogy in your instant case ,"on the basis of facts you have provided " would like to confirm you that your client have filed the TAR & return on 1st October 2013 (i.e., before 30th Oct 2013) electronically. Hence would be considered vailed filing that is no delay would be considered. Hence there is no question levying penalty arises in your client case.

Furhter would like to infrom you that due to recent notification dt24.10.2013 issued by department, earlier notification which states to file the TAR manually automatically overulled. So now no required to file TAR manually only electronically filing of TAR before 30th Oct 2013 valid.

Hope above resorts your all questions.

Thanks