ICAI hasrequested CBDT to extend the due date of e‐filing ofincome‐tax returns,tax auditreports and report undersection 92E ofthe Income‐taxAct,1961

The efforts of the members in supporting the e‐initiative the Department requiring e‐filing of almost all audit reports under the Income‐tax Act, 1961 is appreciable. ICAI is aware of the numerous issues being faced by the members with regard to registration, frequent changes in utilities, uploading of balance sheet and profit and loss and so on. The Direct Taxes Committee of ICAI is taking up these issues with appropriate authorities from time to time. It has issued “Frequently Asked Questions” prepared in consultation with the officials of Directorate of Income tax (Systems) for the guidance of members. Inspite of these efforts, difficulties are being faced by the members in e‐filing the tax audit reports mainly due to continuous change in the utilities hosted on the CBDT website. Further, the difficulties being faced by the members and the assessees in Andhra Pradesh, Uttarakhand, Gujarat, Muzaffarnagar and other affected areas of Uttar Pradesh are also known to ICAI.

Considering the above factors, a request was extended to Chairperson, CBDT for extension of due date of filing income tax returns along with tax audit reports by one month from end of 30th September, 2013. ICAI has also sought extension of due date of furnishing the report under section

92E by one month from the end of 30th November, 2013 for AY 2013‐14.

Even though matter is being pursued on regular basis, it is desirable that the members complete their audits on or before 30th September, 2013 so that the assessees are able to file their income tax returns on time.

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ICAI REPRESENTATION REGARDING CBDT Order F.No.225/117/2013/ITA II dated 26th September, 2013. - (27-09-2013)

ANNOUNCEMENT

No.DTC/TAX-AUDIT/Sept’13

REPRESENTATION REGARDING CBDT Order F.No.225/117/2013/ITA II dated 26th September, 2013


The President and Council Members called upon the highest officials in the Central Board of Direct Taxes (CBDT) and have submitted representation pointing out practical difficulties being faced by the members in completing the tax audit. The frequent changes in the e-filing utility resulting in enormous loss of man hours have been pointed out. A detailed letter containing reasons justifying the extension has been submitted today, i.e., September 27, 2013. This is the THIRD REPRESENTATION made on the subject in this month itself.

While best possible efforts are being made, the members are advised to carry out the audit in accordance with the technical requirements prescribed by the Institute.

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Suggestions on Tax Audit report and on Income tax return by CA Nitesh More

1)   80Ie Problems : Submit Manual Report & Return To The Department: Ca Nitesh More

I Advice To Submit Manual Form To The Department With Return So That We Can Enjoy Extension Of One Month For E-Filling Of Tar. It Is My Personal Opinion. You Use Your Discretion. 

2)  Submit 29C As Other Report With Form 3Cd And It That For Is Notified In Future As Online , We Will Fill It. But It My View. Use Ur Discretion. 

3) ITR 7 Can Be Filled Manually, However, 10B Is To Be Filed Online

4)  Steps To Find 10Cce10Ccbba, 10Ccbc, 49C, 56F, 66, 3Ca, 3Ad, 3Ae, 3Ce, 3Ea, Etc

STEP1: Log in as assessee & add for the relevant form say , for Form 10CCB

STEP2: Log in as ca

 STEP3: Click “ Prepare & submit online form” under “E-FILE ”

 STEP4: Select relevant form and proceed

5)  Suggestions pan not available for related party transaction : 

Do Not Disclose This Transaction In Online Form. Prepare An Excel Sheet And Attach It As Other Reports

6) How to reset password with new DSC instantly(screen shot) : Stepswise solutions to reset password with help of new dsc

Step1: Login as forget password. Step2: Upload valid DSC. Step3: Provide new password.

7) How to file 10CCB etc. IF ASSESSEE HAVE TWO OR MORE UNDERTAKINGS

NOTE: TO ENABLE CAs TO FILL UP THIS FORM, I HAD PREPARED THESE STEPS. THIS IS NOT PRESCRIBED BY DEPARTMENTS. YOU USE YOUR DISCRETION AND FILE.

STEP1: Prepare physical tax audit reports as usual i.e. Two or more tax audit reports signed by same or different CAs.

STEP2: Prepare one “online consolidated form” and upload. While preparing this forms, you will not be able to disclose many dates and other informations undertakingwise in the online form. Write all these informations in a separate sheet undertakingwise & attach it with p/L & b/S with online form. Alternatively, you can also attach scan copy of Physical forms with p/L & b/S for

better 

disclosure of facts.

8) 29C Is Applicable For F.Y.2012-13: Assessee Claiming Deduction U/S 80Ia, Ib Etc May Also Have To Submit Form 29C: Donot Forget:Assessee Other Than Co. Have To Pay Alternate Minimum Tax (Similar To Mat) & Form 29C Have To Be Filed 

9)  Cares While Uploading Online 3Cd

CARE1: IF YOU HAVE ANY COMMENTS OR OBSERVATIONS, U CAN ATTACH IT AS "OTHER REPORTS".

CARE2: DO NOT FORGET TO FILE:

A)   NOTES OF ACCOUNTS & SCHEDULE OF B/S & P/L AS THERE ARE FORMING PART OF FINANCIAL STATEMENTS

B)    STATUTARY AUDIT REPORT, IN CASE OF COMPANY .

C)    EXCISE REPORTS  & COST AUDIT REPORT , IF ANY

CARE3: DO NOT FORGET TO FILE RETURN BY MENTIONING THE DATE OF FURNISHING OF REVISED FORM 3CD.

10)  How To File Two Or More  Physical Tax Audit Report Of Same Assessee Audited By Same/Different Cas: Prepared Ca Nitesh More

STEP1: Prepare physical tax audit reports as usual i.e. Two or more tax audit reports signed by same or different CAs.

STEP2: You can upload “single xml file”  only for each type of Form (report). There are six types of forms available at the time of uploading. These are FORM 3CA-3CD, FORM 3CB-3CD, FORM 3CEB, FORM6B, FORM10B, FORM 10BB, FORM 29B.  

Note  1: Suppose, you have two physical FORMS 3CB-3CD. So, a consolidated online form 3CB-3CD will be prepared and efilled by any CA among those ca who signed physical tax audit report.  

Note 2: Kindly note that if you have one Form  3CA-3CD, and one FORM 3CB-3CD, than each form will be uploaded separately by same or different CAs who signed physical report.

STEP3: Select who will file online form if you have two or more same form signed by different CAs among those who signed physical report.

STEP4: Prepare one “online consolidated form” and upload .

STEP5: If you have any comments or observations, you can always attach   it as other report.

11)  New Stepwise Process To File Revise Online 3Cd?

STEP1: PREPARE RECTIFIED XML AS USUAL

STEP2: WHILE UPLOADING, SELECT REVISE OPTION (ENABLED YESTERDAY)

STEP3: SELECT WHY YOU ARE REVISING FORM 3CD out of the following:

a)     REVISION OF ACCOUNTS OF COMPANY, AFTER ITS ADOPTION IN AGM

b)     CHANGE OF LAW

c)     CHANGE IN INTERPRETATION

d)     OTHERS

STEP4: UPLOAD xml, IT WILL BE REVISED.

 5DATE OF FURNISHING OF 

12) HOW TO UPLOAD XML PREPARED IN e-PR11/Software with ePR12

 Those who have prepared their TAR in e-PR 11 with software or with e-PR11 utility but have not yet uploaded the same:

May kindly OPEN THE  XML (prepared in software or e-PR11) IN PR 12 AND VALIDATE IT UNDER ePR12. SAVE THE SAME AND UPLOAD IT.

(However, in case you have reported anything against clause 30 or 31 of TAR in e-PR11, please re-enter those two clauses in e-PR12 to avoid swapping of the information for these two clauses)

13) Revised Planning For Tar & Itr For 30Th September In View Of Press Release On Notifications Issued Yesterday FOR LOSS CASES:

EFILE TAR AS WELL AS ITR

FOR PROFIT  CASES:

EFILE TAR & SUBMIT BELATED RETURN

Consequences if ITR not filed before due date i.e. if belated return filed

1.     There is no penalty .

2.  Losses ,if any, will  not be allowed to be carried forward

3. Assessee also have to pay statutory dues U/s. 43B on or before the filing of ITR or Due Date i.e. 30.09.2013 whichever is earlier.

4. He may have to pay Interest U/s. 234A on taxes outstanding .

14) CBDT Press Release On Extension Of Time For Filing TAR/ ROI For AY 2013-14

Further to the Order dated 26.09.2013 issued u/s 119(2)(a) of the Act extending the due date for the electronic filing of the Tax Audit Report to 31.10.2013, the CBDT has issued a Press Release dated 26.09.2013 clarifying that the print copy of the Tax Audit Report as well as the Return of Income has to be filed by the prescribed due date of 30.09.2013 and that there is no extension of that time limit.

RELAXATION IN REQUIREMENT OF ELECTRONIC FURNISHING ONLY

REQUIREMENT TO FILE REPORT MANUALLY WITHIN DUE DATE

AND FILE ELECTRONICALLY WITHIN 31/10/2013

CBDT IN EXERCISE OF POWER UNDER SEC 119(2)(A)O F THE IT ACT, 1961 READ WITH SEC 139 AND RULE 12, HAS DECIDED TO RELAX THE REQUIREMENT OF FURNISHING THE REPORT OF AUDIT ELECTRONICALLY AS PRESCRIBED UNDER THE PROVISO TO SUB-RULE( 2) OF RULE 12 OF THE IT RULES FOR THE ASSESSMENT YEAR 2013-14 AS UNDER -

(A) THE ASSESSES,WHO ARE PRESENTLY FINDING IT DIFFICULT TO UPLOAD THE PRESCRIBED REPORTS OF AUDIT (AS REFERRED TO ABOVE) IN THE SYSTEM ELECTRONICALLY MAY ALSO FURNISH THE SAME MANUALLY BEFORE THE JURISDICTIONAL ASSESSING OFFICER WITHIN THE PRESCRIBED DUE DATE.

(B) THE SAID REPORT OF AUDIT SHOULD HOWEVER BE FURNISHED ELECTRONICALLY ON OR BEFORE 31. 10. 2013.

COMMENTS OF CA NITESH MORE –

THOSE ASSESSEE WHO ARE FACING DIFFICULTIES IN ELECTRONIC FILING ARE REQUIRED TO FURNISH THE AUDIT REOPRTS MANUALLY BEFORE THE JURISDICTIONAL ASSESSING OFFICER WITHIN THE PRESCRIBED DUE DATE AND THEREAFTER FURNISH ELECTRONICALLY ON OR BEFORE 31. 10. 2013.

STEP1 – FURNISH MANUAL AUDIT REPORT & return  BEFORE THE JURISDICTIONAL ASSESSING OFFICER WITHIN THE PRESCRIBED DUE DATE

STEP2 - FURNISH ELECTRONICALLY ON OR BEFORE 31. 10. 2013.

15) How To File  10Ccb Etc. If Assessee Have Two Or More Undertakings

NOTE: TO ENABLE CAs TO FILL UP THIS FORM, I HAD PREPARED THESE STEPS. THIS IS NOT PRESCRIBED BY DEPARTMENTS. YOU USE YOUR DISCRETION AND FILE.

STEP1: Prepare physical tax audit reports as usual i.e. Two or more tax audit reports signed by same or different CAs.

STEP2: Prepare one “online consolidated form” and upload. While preparing this forms, you will not be able to disclose many dates and other informations undertakingwise in the online form. Write all these informations in a separate sheet undertakingwise & attach it with p/L & b/S with online form. Alternatively, you can also attach scan copy of Physical forms with p/L & b/S for disclosure of facts.

Query:  How to file it online FORM 29C is not available on website? 

Ans: it is not mandatory to file form 29C online.

17)  Do Not Forget:  Assessee Other Than Co. Have To Pay  Alternate Minimum Tax (Similar To Mat) & Form 29 C Have To Be Filed To Ao As This Form Is Not Online

18)  Steps To Find 10Cce,10Ccbba, 10Ccbc, 49C, 56F, 66, 3Ca, 3Ad, 3Ae, 3Ce, 3Ea  Etc

STEP1: Log in as assessee & add for the relevant form say , for Form 10CCB

STEP2: Log in as ca

STEP3: Click “ Prepare & submit online form” under “E-FILE ”

STEP4: Select relevant form and proceed

19) How To File 10Ccb Etc. If Assessee Have Two Or More Undertakings

NOTE: TO ENABLE CAs TO FILL UP THIS FORM, I HAD PREPARED THESE STEPS. THIS IS NOT PRESCRIBED BY DEPARTMENTS. YOU USE YOUR DISCRETION AND FILE.

STEP1: Prepare physical tax audit reports as usual i.e. Two or more tax audit reports signed by same or different CAs.

STEP2: Prepare one “online consolidated form” and upload. While preparing this forms, you will not be able to disclose many dates and other informations undertakingwise in the online form. Write all these informations in a separate sheet undertakingwise & attach it with p/L & b/S with online form. Alternatively, you can also attach scan copy of Physical forms with p/L & b/S for better disclosure of facts.

Query:  How to file it online FORM 29C is not available on website? 

Ans: it is not mandatory to file form 29C online. So, can be filed offline 

to the department

20)  Cares While Uploading Online 3Cd

CARE1: IF YOU HAVE ANY COMMENTS OR OBSERVATIONS, U CAN ATTACH IT AS "OTHER REPORTS".

CARE2: DO NOT FORGET TO FILE:

A)   NOTES OF ACCOUNTS & SCHEDULE OF B/S & P/L AS THERE ARE FORMING PART OF FINANCIAL STATEMENTS

B)    STATUTARY AUDIT REPORT, IN CASE OF COMPANY .

C)    EXCISE REPORTS  & COST AUDIT REPORT , IF ANY

CARE3: DO NOT FORGET TO FILE RETURN BY MENTIONING THE DATE OF FURNISHING OF REVISED FORM 3CD.

21)  How To File Two Or More  Physical Tax Audit Report Of Same Assessee Audited By Same/Different Cas: Prepared Ca Nitesh More

STEP1: Prepare physical tax audit reports as usual i.e. Two or more tax audit reports signed by same or different CAs.

STEP2: You can upload “single xml file”  only for each type of Form (report). There are six types of forms available at the time of uploading. These are FORM 3CA-3CD, FORM 3CB-3CD, FORM 3CEB, FORM6B, FORM10B, FORM 10BB, FORM 29B.  

Note  1: Suppose, you have two physical FORMS 3CB-3CD. So, a consolidated online form 3CB-3CD will be prepared and efilled by any CA among those ca who signed physical tax audit report.  

Note 2: Kindly note that if you have one Form  3CA-3CD, and one FORM 3CB-3CD, than each form will be uploaded separately by same or different CAs who signed physical report.

STEP3: Select who will file online form if you have two or more same form signed by different CAs among those who signed physical report.

STEP4: Prepare one “online consolidated form” and upload .

STEP5: If you have any comments or observations, you can always attach   it as other report.

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E-Book of VCES By CA Atul Gupta

1.1 What is the Scope of the Scheme and Date of its Applicability?
The Scheme is applicable only for tax due or payable under the Chapter V of
Finance Act, 1994 or any other amount due or payable under section 73A
thereof, for the period beginning from the 1st day of October, 2007 and ending
on the 31st day of December, 2012 including a cess leviable thereon under any other Act for the time being in force, but not paid as on the 1st day of March, 2013. Details of the scheme are available in Chapter VI of the Finance Act, 2013 (17 of 2013) given in Chapter 3 and will become operational from 10th May, 2013 i.e. date on which the Finance Bill, 2013 receives the assent of the President till 31st December 2013.

1.2 Person who can apply for the Scheme??
Any person may declare his tax dues in respect of which no notice or order for determination has been issued or made under Section 72, Section 73 or Section 73A of Finance Act, 1994 before 1st March 2013 except
 Any person who has furnished return under section 70 of the Chapter and
disclosed his true liability, but has not paid the disclosed amount of service
tax or any part thereof, shall not be eligible to make declaration for the period covered by the said return;
 Person on whom notice or order of determination has been issued in respect of any period on any issues can not file declaration on such issue for any subsequent period.

1.3 How to apply for Scheme?
Any person eligible and wishing to apply for the Scheme shall take the following steps:
(a) Take registration under rule 4 of the Service Tax Rules, 1994, if not
already registered;
(b) Make the declaration to the designated authority in Form VCES -1 on or
before the 31st day of December, 2013 in respect of his “tax dues”; where “Designated Authority” shall be an officer not below the rank of Assistant Commissioner of Central Excise as notified by the Commissioner of Central Excise for the purposes of this Scheme.

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FAQ on Delhi VAT Amnesty Scheme (comprising voluntary disclosure and disputes settlement introduced with effect from 20.09.2013

Q1. What is DCS under the Delhi VAT?

DCS is a “Scheme” notified under the Delhi Value Added Tax Act, 2004 (DVAT Act), which draws powers from newly inserted section 107 under the Act with effect from 12.9.2013. Notification is annexed in Appendix A. The section 107 reads as, ‐

“107. Amnesty Scheme(s) ‐ Notwithstanding anything to the contrary contained in this Act and Rules thereto, the Government may by notification in the official Gazette, notify amnesty scheme(s) covering payment of tax, interest, penalty or any other dues under the ‘Act’, which relate to any period ending before 1st day of April, 2013, and subject to such conditions and restrictions as may be specified therein, covering period of limitation, rates of tax, tax interest, penalty or any other dues payable by a class of dealers or classes of dealers or all dealers.”

Purpose of this Scheme is two fold:

(i) To achieve the self compliances by the dealer: Dealer (including trader, manufacturer, works contractor, builder, leasing company, etc.) or any other person, such as contractee, (hereinafter referred as “declarant”), who has not paid due taxes under the DVAT Act or under the Central Sales Tax Act, 1956 (CST Act, in short) as specified in the respective Statute, may pay tax under DCS. Further, the time of default is immaterial for the purpose of this Scheme; and

(ii) To resolve disputes: Where dispute in relation to tax, interest and penalty is pending before any higher forum, such as the Objection Hearing Authority, the DVAT Tribunal, the Delhi High Court or the Supreme Court, the declarant may resolve his dispute under this Scheme by paying tax and interest stated in the assessment order. He will get immunity from payment of interest from the date of order till the date of declaration, and penalty in relation to such tax. The dispute might pertain to the DVAT Act, CST Act, or the erstwhile repealed Acts, that is, the Delhi Sales Tax Act, 1975 or the Delhi Sales Tax on Works Contract Act, 1999 or the Delhi Sales Tax on Right to Use Goods Act, 2002 or the Delhi Tax on Entry of Motor Vehicles into Local Areas Act, 1994.

General Scheme of the DCS:

(i) Where assessment order/notice of assessment has not been issued, the

declarant shall pay only tax; and he will get immunity from interest, penalty and prosecution, and

(ii) Where the order/notice has been issued by the Department, the declarant shall pay tax and interest as stated in such order/notice. He will get immunity from payment of interest from the date of notice till the date of declaration, penalty and prosecution under the Act.

Q2. Who can declare tax dues under DCS?

As per Clause 2(1)(d) of the DCS, following persons may declare their tax dues:‐

(i) Dealers not registered under the Delhi VAT Act and/or CST Act;

(ii) Dealers registered under the Delhi VAT Act and/or CST Act and assessment of tax in respect of tax dues has not been made;

(iii) Dealers registered under the Delhi VAT Act and/or CST Act and assessment of tax in respect of tax dues, with or without penalty, has been made;

(iv) Persons, who were liable to deduct tax at source under section 36A of the Act, but failed to deduct TDS as specified.

(v) Dealers, who were registered under the erstwhile Delhi Sales Tax Act, 1975 or the Delhi Sales Tax on Works Contract Act, 1999 or the Delhi Sales Tax on Right to Use Goods Act, 2002 or the Delhi Tax on Entry of Motor Vehicles into Local areas Act, 1994, and their disputes/objections/appeals for the period up to 31.3.2005 are pending before any higher forum.

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