EY Flash News CBDT further extends timeline for completion of proceedings under Income Tax Laws and payment of amount determined under DTVSV, 2020

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26 April 2021

                                             EY Flash News
                                              CBDT further extends timeline
                                              for completion of proceedings
                                              under Income Tax Laws and
                                              payment of amount determined
                                              under DTVSV, 2020

Tax Alerts cover significant        Executive summary
tax news, developments and
changes in legislation that         This Flash News summarizes a Press Release issued by the Central Board of Direct
affect Indian businesses. They      Taxes (CBDT)1 on 24 April 2021 (Press Release) further extending due dates for
                                    specified compliances by the tax authority and the taxpayer. In the wake of significant
act as technical summaries to       hardship being faced by taxpayers because of the ongoing COVID-19 pandemic, the
keep you on top of the latest tax   CBDT has declared further extension in the time limit from 30 April 2021 to 30 June
                                    2021 for passing of assessment/reassessment order, passing of final assessment order
issues. For more information,       pursuant to directions issued by the Dispute Resolution Panel (DRP) and issuance of
please contact your EY advisor.     notice for reopening of assessment, all of which were falling due between 20 March
                                    2020 to 31 March 2021. Likewise, the CBDT also declared extension till 30 June 2021
                                    for sending intimation of processing of statements filed by taxpayers under
                                    equalisation levy (which were falling due between 20 March 2020 to 31 March 2021).

                                    Furthermore, the sunset date for payment of the amount determined under the Direct
                                    Tax Vivad Se Vishwas Act, 2020 (DTVSV) (without any additional amount) has also
                                    been extended to 30 June 2021.

                                    1
                                        Apex body of direct tax administration in India
Background
     ►    The central government had promulgated The
          Taxation and Other Laws (Relaxation of Certain
          Provisions) Act, 2020 (Ordinance)2 which
          provided that any compliance due on the part
          of taxpayers or the tax authority under the
          Income Tax Laws (ITL), which was falling due
          between 20 March 2020 to 31 December 2020
          (hereinafter referred to as Disruption Period),
          can be complied with on or before 31 March
          2021. The Disruption Period was extended till
          30 March 2021 vide Notification No. 93/2020
          dated 31 December 20203.

     ►    Acknowledging the hardship being faced by
          taxpayers because of the ongoing COVID-19
          pandemic, the CBDT had issued Notification No.
          10/2021 dated 27 February 20214 (February
          Notification) and Notification No. 20/2021 and
          Press Release dated 31 March 20215 (March
          Notification) providing for extension In various
          time limits6 under the ITL.

     ►    DTVSV was introduced as a part of Union
          Budget 2020 to provide an opportunity for
          taxpayers to settle their direct tax disputes
          pending as on 31 January 2020 by filing a
          declaration in the prescribed form with the
          Designated Authority (DA) and by paying the
          prescribed amount before the due date. The
          sunset date for payment of 100% of disputed
          tax (without an additional amount) was
          extended from 31 March 2021 to 30 April
          2021, vide Notification No. 9/2021 dated 26
          February 2021.7

     ►    In the wake of the continuing pandemic, the
          CBDT has issued the Press Release providing
          for extension in time limit till 30 June 2021 for
          passing assessment/reassessment orders,
          orders to be passed in consequence of
          directions of the DRP etc., as well as the time
          limit for payment of the amount payable under
          DTVSV.

2
  Refer our Tax Alerts, “COVID 19 Impact -        recently for various compliance under Income Tax Laws and VSV Act, 2020” dated 01 January
Government extends various timelines up to        2021
                                                  4
30 June 2020 and provides relaxations under         Refer our Tax Alert, “CBDT further extends timeline for completion of proceedings under Income
various direct tax laws in India” dated 1 April   Tax Laws and Benami Property Law” dated 1 March 2021
                                                  5
2020 and “Central Government introduces Bill        Refer our Tax Alert, “CBDT grants further extension for linking Aadhaar with PAN by taxpayers
to codify COVID-19 reliefs, faceless              and issuance of reopening notices, passing of final assessment orders etc. by tax authority” dated
proceedings and supplement some Finance Act       5 April 2021
                                                  6
2020 amendments” dated 19 September                 Passing of assessment/reassessment orders, issuance of notice for reopening assessment,
2020                                              processing of statement filed under equalisation levy by the taxpayers etc.
3                                                 7
  Refer our Tax Alert, “CBDT issues                 Refer our Flash News, “CBDT further extends sunset date for filing declaration under “The Direct
notifications to formalize extensions granted     Tax – Vivad Se Vishwas Act, 2020” and making payment of disputed tax” dated 28 February 2021
Press Release
►   The CBDT has granted further extension to the tax authority in relation to specific compliances under the ITL
    as follows:

     Compliance           Erstwhile         Erstwhile        Extended        Extended          Further
     pertaining to        disruption        compliance       disruption      compliance        extended
                          period            date             period          date              compliance
                                                                                               date as per
                                                                                               Press
                                                                                               Release

     Passing of           20 March          31 March         No change       30 April 2021     30 June 2021
     assessment/          2020 to 30        2021
     reassessment         March 2021
     orders under ITL

     Passing of final     20 March          31 March         20 March        30 April 2021     30 June 2021
     assessment order     2020 to 30        2021             2020 to 31
     pursuant to          March 2021                         March 2021
     directions issued
     by DRP

     Issuance of notice   20 March          31 March         20 March        30 April 2021     30 June 2021
     for reopening of     2020 to 30        2021             2020 to 31
     assessment           March 2021                         March 2021

     Sending              20 March          31 March         20 March        30 April 2021     30 June 2021
     intimation of        2020 to 30        2021             2020 to 31
     processing of        March 2021                         March 2021
     statements filed
     by taxpayers
     under equalisation
     levy
►   In addition to the above, in the following cases, the timeline for completion of proceedings under the ITL
    were already extended earlier by the February and March Notifications, which remain unaffected by the
    present Press Release:

     Compliance               Erstwhile            Erstwhile            Extended            Extended
     pertaining to            disruption           compliance date      disruption          compliance date
                              period                                    period

     Passing of penalty       20 March 2020        31 March 2021        20 March 2020       30 June 2021
     order under Chapter      to 30 March                               to 29 June
     XXI of ITL               2021                                      2021

     Passing of               Not covered in       31 March 2021        Not Applicable      30 September
     assessment/              disruption period                                             2021
     reassessment orders      above but is due
     under ITL                on 31 March
                              2021

     Issuance of notice       20 March 2020        31 March 2021        20 March 2020       30 September
     and passing of order     to 30 March                               to 30 June          2021
     under Benami Law         2021                                      2021

►   The Press Release has granted further extension till 30 June 2021 for payment of the amount determined
    under DTVSV (without any additional amount).
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