CBDT extends deadline for filing ITR return and submitting audit report.

The government extended the date for filing income tax returns for companies by one month to November 30.

Income Tax Department has extended the deadline for ITR filing for certain categories of taxpayers. This has brought great relief to the taxpayers/institutions falling in these categories and they have also been saved from paying heavy penalties due to delay.

According to the Income Tax Department, till September 5, about 6.98 crore individual taxpayers have filed ITR.

The Income Tax Department has extended the deadline for filing income tax returns for charitable trusts, religious institutions and professional bodies by one month to November 30. The Income Tax Department said in a statement that the due date for filing income tax return in Form ITR-7 for the assessment year 2023-24, which is 31 October 2023, has been extended to 30 November 2023.

Also, the due date for submission of audit report for 2022-23 by any fund, trust, institution or any university or educational institution or medical institution in Form 10B/10BB has been extended by one month to 31 October 2023. Earlier the last date for submission of audit report was 30 September.

ITR-7 is filed by institutions involved in charitable and religious activities, research institutes, professional bodies, political parties and electoral trusts also file tax returns through ITR-7.

The Finance Ministry said in a statement on Monday, the deadline for filing income tax return in Form ITR-7 for the assessment year 2023-24 has been extended from October 31, 2023 to November 30, 2023.

In the current financial year, till mid-September, net direct tax collection has increased by 23.51% to Rs 8.65 lakh crore. The Finance Ministry said that there has been a huge increase in direct tax collection due to more advance tax payment by the companies. During this period, advance tax payment has increased by 21%.

According to the data, net tax collection has been 47.45% of the budget estimate of Rs 18.23 lakh crore for the current financial year. In the last financial year 2022-23, direct tax collection was Rs 16.61 lakh crore.

CBDT Circular: https://incometaxindia.gov.in/pages/communications/index.aspx

Amnesty Scheme for LLPS – MCA issues circular condoning delay in filing Form 3, 4 and 11

This scheme aims to grant a condonation of delay to LLPs regarding the filing of Form-3, Form-4, and Form-11 from September 1, 2023 to September 30, 2023.
This scheme aims to grant a condonation of delay to LLPs for filing of Form-3, Form-4, and Form-11 from September 1, 2023 to September 30, 2023.

The Ministry of Corporate Affairs (MCA) has notified the Limited Liability Partnership (LLP) Amnesty Scheme. The ministry vide circular number No. 8/2023 issued on 23rd August 2023 condoning the delay in filing of Form-3, Form-4 and Form-11 under Section 67 of Limited Liability Partnership (LLP) Act, 2008 read with Section 460 of Companies Act, 2013.

These forms shall be available for filing from 01.09.2023 onwards till 30.11.2023 (both dates inclusive). Also, the LLPs availing the scheme shall not be liable for any action for delayed filing of the Form-3, Form-4 and Form-11.

Based on the representations received by the government that certain LLPs are finding difficulties in filing Form- 3 (LLP Agreement and changes therein), Form- 4 (Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner and consent to become a partner/ designated partner) and Form- 11 (Annual Return of LLP) for various reasons including due to mismatch in the  master data in electronic registry of the Ministry.

Due to this, the records/data in the electronic registry are also not being updated. Thus, to address these issues, the government has decided to grant one-time relaxation in additional fees to those LLPs who could not file the Form 3, 4 and 11 within the due date and provide an opportunity to update their filings and details in master data for future compliances.

The following are highlights of Amnesty Scheme:

  • The Form-3 and Form-4 would be processed under Straight Through Process (STP) mode for all purposes except for change in business activities.
  • The stakeholders are advised to file these forms in sequential manner i.e., the filing for old events date may be filed first and so on so as to update the master data in proper manner.
  • At the time of filing these forms, the pre-filled data as per existing master data of the LLP shall be provided in each of above mentioned forms but the same shall have the facility to edit. The onus of filing correct data would be on the stakeholders.
  • In case of misrepresentation, the Designated Partner and the professional certifying the form may be liable for adverse action as per provisions of the law.
  • The filing of Form-3 and Form-4 without additional fee shall be applicable for the event dates 01.01.2021 and onwards.
  • For events dated prior to 01.01.2021, these forms can be filed with 02 times and 04 times of normal filing fees as additional fee for small LLPs and Other than small LLPs respectively.
  • The filing of Form-II without additional fee shall be applicable for the financial year 2021-22 onwards.
  • Form-II for previous years (prior to financial year 2021-22) can be filed with 02 times and 04 times of normal filing fee as additional fee for small LLPs and Other than small LLPs respectively.
  • These forms shall be available for filing from 01.09.2023 onwards till 30.11.2023 (both dates inclusive). The LLPs availing the scheme shall not be liable for any action for delayed filing of the Form-3, Form-4 and Form-11.

Source: General-Circular-No-08-20230823

ITR filing for AY 2023-24 starts. CBDT enables Excel Utilities for ITR-1, ITR-4

ITR filing for AY 2023-24 starts. CBDT enables Excel Utilities for ITR-1, ITR-4

For the assessment year 2023-24, the Income Tax Department has released an offline Excel-based utility for filing ITR-1 Sahaj and ITR-4 Sugam. The utility is available for download from the official Income Tax Department website. Because the utility and forms may change from time to time, it is critical to check the official website for the most recent version/updates and instructions.

The Excel-based utility for filing ITR-1 Sahaj and ITR-4 Sugam for AY 2023-24 is available for download from the Income Tax Department’s website – Released on 25-Apr-2023 and updated on 05-May-2023. The utility – Excel & Java, facilitates to electronically file ITR-1 and ITR-4 forms.

 

The instructions, utilities, schemas and validation rules will be updated as and when there is a change after due approval from ITD (Income Tax Department)

 General Instructions for Returns:

  1. Select the Assessment Year
  2. Download and extract the zip file containing the utilities to the folder and open the utility
  3. System Requirements:  Excel Utilities:

 The instructions, utilities, schemas and validation rules will be updated as and when there is a change after due approval from ITD

Using the Excel Utility

When using the Excel utility, it is critical to use a compatible version of Excel that supports macros. Resident and Ordinarily Resident (ROR) individuals with a total income of up to Rs 50 lakh from salaries, one house property, and other sources are eligible for ITR-1 Sahaj. Individuals/HUFs/partnership firms (other than LLP) with a total income of less than Rs. 50 lakh can file the ITR-4 Sugam form.

Using Macros in Excel

It is necessary to enable macros in the Excel sheet before using the ITR utility. To enable macros in Excel, navigate to File > Options > Trust Centre > Trust Centre Settings > Macro Settings > Enable All Macro > Click ‘OK’. Only enable macros in Excel sheets from trusted sources. Some Excel utility worksheets may include a help.txt file that contains instructions on how to enable macros.

Common Technical Problems

Macro errors, login issues, XML validation errors, and offline utility issues are some of the most common technical issues encountered when using the ITR utility. If you encounter any technical difficulties while using the ITR utility, you can seek assistance from the Income Tax Department Helpdesk or Tax Professional.

ITR Utility Customer Service

If you require technical assistance with the ITR utility, please visit the Income Tax Department’s official website and check the FAQs section for offline ITR utility. The FAQs section answers frequently asked questions about the ITR utility and can assist in resolving some technical issues. You can also get help from the Income Tax Department by calling their toll-free number or emailing them.

Conclusion

Filing ITR-1 Sahaj and ITR-4 Sugam using the Income Tax Department’s Excel utility can help to simplify the tax filing process. You can effectively file your taxes by downloading the utility, enabling macros in Excel, and understanding the requirements for using the utility. If you run into any technical difficulties or require assistance, the Income Tax Department and tax professionals are here to help.

Source: Income Tax Portal

Ministry of Corporate Affairs to launch 56 forms in V3 portal from Jan, 2023

Source: MCA Circular

The Ministry of Corporate Affairs (MCA) is all set to launch the Second Set of Company Forms on the MCA21 V3 portal, in January 2023, comprising of total 56 forms.

The first lot will consist of 10 forms to be released on January 9, 2023, and the second lot will consist of 46 forms to be released on January 23, 2023.

In order to simplify the process of integrating these forms into ( web based filing)  the  MCA21 V3 portal, the Ministry of Corporate Affairs has requested stakeholders to take note of the following points:

(1) For 10 forms scheduled for rollout from January 7, 2023, at 12:00 a.m. to January 8, 2023, at 11:59 p.m., company e-Filings on the V2 portal will be disabled for the specified forms that are scheduled to be released on January 9, 2023.

(2) For 46 forms scheduled for rollout on January 23, 2023, company e-Filings on the V2 portal will be disabled from January 7, 2023, at 12:00 a.m. to January 22, 2023, at 11:59 p.m.

(3) All stakeholders are advised to ensure that there are no SRNs in “pending payment” or “resubmission” status.

(4) Offline payments in V2 for the above 56 forms using the “Pay Later” option would be discontinued on December 28, 2022, at 12:00 AM. The stakeholders are required to pay for these forms in V2 online (via credit/debit card or net banking).

(5) Due to the upcoming release of 56 company forms, the V3 portal will be unavailable from January 7 at 12:00 AM to January 8 at 11:59 PM for the roll-out of 10 company forms, and from January 21 to 22, 2023, for the roll-out of 46 company forms.

(6) The V2 Portal for company filing will continue to be available for all forms except the 56 mentioned above.

Source: MCA Circular

LIST OF 10 COMPANY FORMS TO BE ROLLED OUT ON 09 Jan 2023

Sl. No. Form Number Form Name
1 SPICe+ PART A Application for reservation of name for new company incorporation
2 RUN Application for change of name of existing company
3 SPIce+ PART B Integrated Company Incorporation Application
4 AGILE PRO S Application for Goods and services tax Identification number , employees state Insurance corporation registration pLus Employees provident fund organisation registration, Profession tax Registration, Opening of bank account and Shops and Establishment Registration
5 e-AOA[INC-34] Articles of Association
6 e-MOA[INC-13] Memorandum of Association
7 e-MOA[INC-31] Articles of Association
8 e-MOA[INC-33] Memorandum of Association
9 INC-9 Declaration by Subscribers and First Directors
10 URC-1 Application by a company for registration under section 366

LIST OF 46 COMPANY FORMS TO BE ROLLED OUT ON 23rd Jan 2023

Sl. No. Form Number Form Name
1 DIR-12 Particulars of appointment of directors and the key managerial personnel and the changes among them
2 DIR-11 Notice of resignation of a director to the Registrar
3 DIR-3 Application for allotment of Director Identification Number
4 DIR-3C Intimation of Director Identification Number by the company to the Registrar DIN services
5 DIR-5 Application for surrender of Director Identification Number
6 DIR-6 Intimation of change in particulars of Director to be given to the Central Government
7 INC-12 Application for grant of License to an existing company under section 8
8 INC-18 Application to Regional Director for conversion of section 8 company into any other kind of company
Sl. No. Form Number Form Name
9 INC-20 Intimation to Registrar of revocation of license issued under section 8
10 INC-20A Declaration for commencement of business
11 INC-22 Notice of situation or change of situation of registered office
12 INC-23 Application to the Regional Director for approval to shift the Registered Office from one State to another state or from jurisdiction of one Registrar to another Registrar within the State
13 INC-24 Application for approval of Central Government for change of name
14 INC-27 Conversion of public company into private company or private company into public company or Conversion of Unlimited Liability Company into Limited Liability Company
15 INC-28 Notice of Order of the Court or any other competent authority
16 INC-4 One Person Company – Change in Member/ Nominee
17 INC-6 One Person Company – Conversion form
18 MGT-14 Filing of Resolutions and agreements to the Registrar under section 117
19 MR-1 Return of appointment of managing director or whole time director or manager
20 MR-2 Form of application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors
21 NDH-4 Form for filing application for declaration as Nidhi Company or updation of status by Nidhis.
22 PAS-3 Return of Allotment
Sl. No. Form Number Form Name
23 SH-7 Notice to Registrar of any alteration of share capital
24 SH-11 Return in respect of buy-back of securities
25 SH-8 Letter of Offer
26 SH-9 Declaration of Solvency
27 NDH-1 Return of Statutory Compliances
28 NDH-2 Application for extension of time
29 NDH-3 Return of Nidhi Company for the half year ended
30 GNL-3 Particulars of person(s) charged for the purpose of sub-clause (iii) or (iv) of clause 60 of section 2
31 PAS-6 Reconciliation of Share Capital Audit Report (Half-yearly)
32 MGT-3 Notice of situation or change of situation or discontinuation of situation, of place where foreign register shall be kept
33 PAS-2 Information Memorandum
34 DIR-9 Report by the company to Registrar for disqualification of Directors
35 DIR-10 Application for removal of Disqualification of Directors
36 AOC-5 Notice of address at which books of account are maintained
37 FC-1 Information to be filed by foreign company
38 FC-2 Return of alteration in the documents filed for registration by foreign company
39 FC-3 Annual accounts along with the list of all principal places of business in India established by foreign company
40 FC-4 Annual Return of a Foreign company
41 GNL-2 Form for submission of documents with the Registrar
42 GNL-4 Addendum to form
43 MSC-1 Application to ROC for obtaining the status of dormant company
44 MSC-3 Return of dormant companies
45 MSC-4 Application for seeking status of active company
46 RD-1 Form for filing application to Regional Director

Stakeholders are advised by MCA to plan accordingly.

CBDT reduces time limit for e-verification of ITR from 120 days to 30 days.

Till now the time period to e-verify the ITR or send the ITR-V through post was 120 days from the date of the uploading of the ITR.

For the Financial Year ended March 31, 2022 (Asst Year 2022-23), even as 5.82 crore people filed their ITRs (Income Tax Returns), only around 4.02 crore of them were verified.

Thus, over 1.8 crore people did not verify their ITR filings as till July 31.

The Income Tax department had processed 3.01 crore verified ITRs till July 31, as per the website.

Status of Returns filed & e-verified

Verifying income tax returns are as important as filing them, since unverified ITRs are treated as invalid by the income tax department. Once the taxpayer verifies the ITR, the income tax department processes it, sends the income tax intimation and issues refunds, if applicable.

You need to verify your Income Tax Returns to complete the return filing process. Without verification within the stipulated time, an ITR is treated as invalid. e-Verification is the most convenient and instant way to verify your ITR,” said the income tax department on the e-filing website.

e-Verification of ITR: Last Date

Now, taxpayers have to electronically verify or e-verify their income tax returns (ITR) within 30 days of filing the return of income. Earlier the time limit was 120 days. In a notification, the Central Board of Direct Taxes (CBDT) said it has reduced the time limit for verification of income tax to 30 days from the date of transmitting or uploading the data of return of income electronically. This new rule will into effect from August 1, 2022, the CBDT said.

“It has been decided that in respect of any electronic transmission of return data on or after the date this Notification comes into effect, the time-limit for e-verification or submission of ITR-V shall now be 30 days from the date of transmitting/ uploading the data of return of income electronically,” the notification said.

If you still have not e-verified your ITR, you need to do so within a month of filing the returns. This means that if you filed the income tax return on July 31, you need to e-verify ITR by August 31 to get it processed. Otherwise it will be rendered invalid.

There are several ways to e-verify your ITR. These include Aadhaar-based OTP, bank and demat account, net banking, ATM or digital signature certificate.

How to e-Verify Your ITR Through Aadhaar-Based OTP.

Aadhaar-based OTP is one of the easiest methods to e-verify ITR. In this scenario, your mobile number must be linked to Aadhaar. On the e-verify page of the income tax portal, select the option that prompts you to use Aadhaar-based OTP to e-verify ITR.

A pop up will appear asking you to validate Aadhaar information, check that box. Now, click on ‘Generate Aadhaar OTP’. You will receive a six-digit OTP on your registered mobile number. Enter the OTP and submit. This OTP is valid for 15 minutes.

Source:

CBDT Circular on e-Verification