The Central Board of Indirect Taxes and Customs (CBIC) Thursday announced a waiver of late fees for delayed filings of reconciliation statements and annual returns for the financial years 2017-18 to 2022-23.
The Ministry of Finance has issued a notification relevant for Goods and Service Tax (GST) registered taxpayers who failed to file the annual reconciliation statement through the GSTR-9C form.
As per the circular eligible GST taxpayers now have an opportunity to get a waiver of any pending late fees for filing GSTR-9C for FY 2017-18, FY 2018-19, FY 2019-20, FY 2020-21, FY 2021-22 or FY 2022-23. However, for availing the benefit of waiver of late fees. you need to file any pending GSTR-9C on or before March 31, 2025.
The original deadline to file GSTR-9 and GSTR-9C, both for any particular financial year is December 31. While the GSTR-9 annual return can very well be filed without the GSTR-9C return, the law recommends both the returns be filed together.
The present notification is relevant for those taxpayers who didn’t follow this recommendation and skipped filing GSTR-9C.
Additionally, no refund will be provided for any late fees already paid for the delayed furnishing of GSTR-9C for these financial years, the notification said.
This move is expected to bring relief to taxpayers who have delayed filing reconciliation statements in the past. The government’s decision is seen as a step towards easing the compliance burden on taxpayers and promoting voluntary compliance.
The Income Tax Department has recently made significant updates to the ITR (U) form, also known as the Updated Income Tax Return. This form allows taxpayers to rectify errors or omissions in their previously filed returns. Here’s a detailed look at the latest changes and what they mean for taxpayers:
What is ITR (U)?
ITR (U) is a provision under Section 139(8A) of the Income Tax Act, which allows taxpayers to file an updated return within two years from the end of the relevant assessment year. This form is particularly useful for correcting minor errors or omissions in the original return.
Key Updates:
Extended Filing Deadline: The deadline for filing revised and belated ITRs has been extended to January 15, 2025. This extension is to enable taxpayers to claim the Section 87A tax rebate3.
Manual Editing for Rebate Claims: Taxpayers can now manually edit the tax rebate column in the ITR excel utility to claim the Section 87A tax rebate. This is necessary due to the outdated JSON schema in the processing software.
HTML Utilities: The Income Tax Department has updated the Excel utilities for ITR Forms 2 and 3 and announced that HTML utilities will be released soon.
Restrictions on ITR (U): ITR (U) cannot be filed for nil returns, loss returns, or to claim/enhance refunds. It is only for correcting errors or omissions.
How to File ITR (U):
Gather Necessary Documents: Collect all relevant documents such as Form 16, Form 26AS, bank statements, and other income-related documents.
Download the Utility: Select and download the appropriate ITR form from the Income Tax Department’s website.
Fill in Details: Enter the correct details, including income from various sources, deductions, and taxes paid.
Compute Tax Liability: Calculate your tax liability using an online tax calculator.
Pay Pending Taxes: Pay any pending taxes before submitting the ITR.
File the ITR: Submit the ITR form online on the Income Tax Department’s website.
The provision of section 139(8A) shall not apply, if the updated return
(a) is a return of a loss; or
(b) has the effect of decreasing the total tax liability determined on the basis of return furnished under sub-section (1) or sub-section (4) or sub-section (5); or
(c) results in refund or increases the refund due on the basis of return furnished under sub-section (1) or sub-section (4) or sub-section (5), of such person under this Act for the relevant assessment year:
Further, a person shall not be eligible to furnish an updated return under this sub-section, where
(a) a search has been initiated under section 132 or books of account or other documents or any assets are requisitioned under section 132A in the case of such person; or
(b) a survey has been conducted under section 133A, other than sub-section (2A) of that section, in the case of such person; or
(c) a notice has been issued to the effect that any money, bullion, jewellery or valuable article or thing, seized or requisitioned under section 132 or section 132A in the case of any other person belongs to such person; or
(d) a notice has been issued to the effect that any books of account or documents, seized or requisitioned under section 132 or section 132A in the case of any other person, pertain or pertains to, or any other information contained therein, relate to, such person, for the assessment year relevant to the previous year in which such search is initiated or survey is conducted or requisition is made and any assessment year preceding such assessment year;
(e) any proceeding for assessment or reassessment or re-computation or revision of income under this Act is pending or has been completed for the relevant assessment year; or
(f) the Assessing Officer has information in respect of such person for the relevant assessment year in his possession under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) or the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) or the Prevention of Money-laundering Act, 2002 (15 of 2003) or the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015) and the same has been communicated to him, prior to the date of furnishing of return under this sub-section; or
(g) information for the relevant assessment year has been received under an agreement referred to in section 90 or section 90A in respect of such person and the same has been communicated to him, prior to the date of furnishing of return under this sub-section; or
(h) any prosecution proceedings under the Chapter XXII have been initiated for the relevant assessment year in respect of such person, prior to the date of furnishing of return under this sub-section; or
(i) he is such person or belongs to such class of persons, as may be notified by the Board in this regard:
Important Considerations:
Manual Editing Required: For claiming the Section 87A tax rebate, manual editing of the tax rebate column is necessary.
JSON Schema Issue: The processing software’s JSON schema is outdated, causing issues with rebate claims. The department has been working on updating it.
Conclusion:
The recent updates to the ITR (U) form are a positive step towards improving tax compliance and providing taxpayers with the opportunity to correct their returns. However, taxpayers must be aware of the manual editing requirement and the ongoing issues with the processing software.
The Central Board of Direct Taxes (CBDT) has announced an extension for furnishing belated or revised income tax returns for the Assessment Year (AY) 2024-25. In a recent notification, the CBDT exercised its powers under Section 119 of the Income-tax Act, 1961, to extend the deadline for resident individuals.
The Central Board of Direct Taxes (CBDT) has announced a significant extension for taxpayers
The deadline for furnishing belated or revised Income Tax Returns (ITRs) for the Assessment Year (AY) 2024-25 has been extended from December 31, 2024, to January 15, 2025.
What does this mean to Taxpayers?
This extension provides taxpayers with additional time to file their belated returns under Section 139(4) or revised returns under Section 139(5) of the Income-tax Act, 1961
This move is particularly beneficial for those who missed the initial filing deadline of July 31, 2024, or need to correct unintentional errors or omissions in their original filings.
Rationale for the Extension
The CBDT’s decision to extend the deadline is aimed at reducing the stress on taxpayers and ensuring they have ample time to comply with their tax obligations. This extension is especially helpful for individuals who may have received intimations for mismatches in their Annual Information System (AIS) and reported income or transactions.
Penalties and Fees
It’s important to note that filing belated returns usually incurs penalties, including an interest charge of 1% per month under Section 234A and late filing fees amounting to ₹5,000 for incomes exceeding ₹5 lakh or ₹1,000 for incomes below this threshold. However, the revised returns do not attract penalties and can be filed multiple times within the allowed period.
Welcome reliefs
The extension is a welcome relief for many taxpayers, providing them with the necessary time to ensure their tax filings are accurate and complete. It’s a reminder of the importance of staying informed and proactive about tax obligations to avoid last-minute stress.
The Central Board of Direct Taxes (CBDT) has recently announced extension of the due date for filing Income Tax Returns (ITR) for audited accounts for Asst Year 2024-25.
In a recent announcement, the Central Board of Direct Taxes (CBDT) has extended the due date for filing Income Tax Returns (ITR) for audited accounts from October 31, 2024, to November 15, 2024.
– This extension applies to taxpayers who are required to undergo a tax audit, providing them with additional time to ensure accurate and compliant filings.
– The decision to extend the deadline comes as a relief to many taxpayers and professionals who were concerned about meeting the original deadline amidst the upcoming festive season.
– The extension is expected to ease the pressure on taxpayers and professionals, allowing them to prioritize accuracy and compliance without the stress of last-minute filings
– This move also aligns with the CBDT’s ongoing efforts to support taxpayers and enhance the overall compliance process.
– As the new deadline approaches, taxpayers are encouraged to take full advantage of this additional time to gather their financial documents and ensure thorough and accurate reporting.
– This extension is a welcome change, especially during a peak period, and is likely to reduce disputes and penalties associated with late submissions.
CBDT has extended the specified date of furnishing of Tax Audit Report under any provision of the Act for the Financial Year 2023-24, which was 30th September, 2024 to 07th October, 2024.
The reason behind the extension is because of difficulties faced by the taxpayers and other stakeholders in the electronic filing of various reports.
In its latest report, CBDT said, “On consideration of difficulties faced by the taxpayers and other stakeholders in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in the exercise of its powers under Section 119 of the Act, extends the specified date of furnishing of report of audit under any provision of the Act for the Previous Year 2023-24, which was 30th September, 2024 in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act, to 071h October, 2024.”
Tax Audit involves an expression of the tax auditor’s opinion on the truth and correctness of certain factual details, furnished by the assessee to the Income Tax Authorities to enable correct assessment of total income considering all allowances, deductions, losses, adjustments, exemptions etc. and determination of tax thereon.
It is conducted to ensure proper maintenance and correctness of books of accounts by the taxpayer and certification of same by the CA. This is to discourage tax avoidance and evasion, the requirement of a tax audit that was introduced by inserting a new section 44AB in the Income Tax Act.
There are two types of forms for filing income tax audit reports namely 3CA-3CD and 3CB-3CD.
Form 3CA-3CD is applicable in case of a person who is required by or under any law to get their accounts audited; while Form 3CB-3CD is applicable in case of a person not being a person referred above i.e. where accounts are not required to be audited under any other law.
Meanwhile, rule 6G prescribes the manner of reporting and furnishing of Report of Audit of accounts to be furnished under section 44AB, which is meant for the audit of accounts of certain persons carrying on business or profession.
Through an advisory issued on September 3, 2024, the IMS is set to go live for taxpayers starting October 1, 2024, marking a significant milestone in the evolution of GST compliance procedures.
Key Features of the GST Invoice Management System (IMS)
The GST Invoice Management System (IMS) offers businesses a streamlined approach to managing their GST invoices, particularly in cases where discrepancies or amendments are necessary.
According to the GSTN advisory, “To enable taxpayers to efficiently address invoice corrections/amendments with their suppliers through the portal, a new communication process called the Invoice Management System (IMS) is being brought up at the GST portal.”
This system is designed to help businesses reconcile their GST records with those issued by their suppliers, ensuring ITC claims are compliant and accurate.
One of the standout features of IMS is that it allows taxpayers to accept, reject, or keep invoices pending before including them in their GST ITC claims.
This ensures that businesses can review the accuracy of each GST invoice and avoid potential issues during audits. The flexibility offered by the system allows businesses to defer action on GST invoices and address them in future tax periods, if necessary.
Taxpayers can update their GST invoice records anytime before filing their GSTR-3B return, a critical component in the GST compliance process.
Impact of the GST Invoice Management System on the ITC Ecosystem
The IMS is expected to significantly enhance the efficiency of ITC claims under the GST regime by providing a more structured mechanism for matching invoices between recipients and suppliers.
Since mismatches in GST invoices have been a primary source of discrepancies in ITC claims, the new system is a welcome addition.
The GSTN has long sought to introduce this level of control to minimize incorrect or fraudulent ITC claims.
Under this system, only accepted GST invoices will form part of the taxpayer’s GSTR-2B, which is the auto-populated form used to claim ITC under the GST framework.
By ensuring that only verified invoices are included in this form, businesses can significantly reduce errors in their GST returns, thus reducing the risk of disputes or penalties during audits.
Moreover, the IMS integrates seamlessly with the Quarterly Return Monthly Payment (QRMP) scheme, which allows smaller taxpayers to file GST returns quarterly while making monthly GST payments. For those enrolled in the QRMP scheme, the IMS will generate GSTR-2B on a quarterly basis, making it easier to manage GST invoices and ITC claims. This feature is particularly beneficial for small and medium-sized enterprises (SMEs), which often struggle with the administrative burden of GST compliance.
“The IMS is expected to facilitate transparency between GST recipients and suppliers and streamline the reconciliation of ITC, which has been a challenging process since the introduction of GST.”
While the full benefits of the system will become evident after its implementation, the IMS is expected to address several long-standing issues in GST compliance.
An advisory has been issued on September 3,2024 by the Government of India for the recent amendment under Notification No. 12/2024 Central Tax, dated 10th July 2024, that lessens the threshold limit for the reporting of inter-state taxable outward supplies to unregistered dealers.
The invoice-wise reporting of information of these supplies was lessened from Rs 2.5 lakh to Rs 1 lakh, impacting how businesses file their GSTR-1 and GSTR-5 returns.
As per the notification, the above reduction in the threshold would need the assesses to furnish the detailed invoice-wise data for all inter-state supplies to unregistered dealers that surpass Rs 1 lakh in value. The same information should be reported in Table 5 of Form GSTR-1, for regular tax payers and Table 6 of GSTR-5, for non-resident taxable persons.
The same advisory states that the said revisions are being executed at present in the Goods and Services Tax (GST) portal and will be available for taxpayers shortly.
In the interim, taxpayers need to continue reporting inter-state taxable outward supplies to unregistered dealers that surpass the previous threshold of ₹2.5 lakh. These must be filed in Table 5 of GSTR-1 for regular taxpayers and Table 6 of GSTR-5 for non-resident taxable persons.
Further, till the time the functionality gets updated and is made available to the GST portal, it is advised to continue reporting the invoice wise details of taxable outward supplies to unregistered dealers which are more than Rs. 2.5 Lakhs in the Table 5 of Form GSTR-1 and Table 6 of GSTR-5, which would facilitate the process of reporting and align it with the amended threshold limits.
The businesses are suggested to stay updated with the additional announcements on the operationalization of the revision and the assesses are advised to track the updates on the GST portal for the additional guidelines.