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QR – 72 Extension of Actions of Completion

QR – 72 Extension of Actions of Completion

Regarding Extension of actions of completion under the Income Tax Act, 1961

1. The Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 dated 31.3.2020 had classified various actions under the specified Act (as defined in section 2(1)(a) of the Ordinance) into two categories:
(i) Actions of completion
(ii) Actions of compliance

2. The actions of compliances is the domain of assesses, tax practitioners, and other stakeholders, which are dealt with in section 3(1)(b) of the “Ordinance”.

3. The actions of completion are the domain of Government which are dealt in section 3(1)(a) of the “Ordinance”.

4. As per section 3(1)(a) of the Ordinance any time limit which has been specified in, or prescribed or notified under, the specified action (as defined in section 2(1)(a) of the Ordinance) which falls during the period from 20.3.2020 to 29.6.2020 or such other date after 29.6.2020, as the Central Government may, by notification, specify in this behalf, for the completion of such action, as –

  •  completion of any proceeding or
  •  the passing of any order or
  •  issuance of any notice,
  •  intimation, notification, sanction or approval or such other action, by whatever name called,

by any authority, commission or tribunal, by whatever name called, under the provisions of the specified Act, stand extended to the 30.6.2020, or such other date after the 30.6.2020, as the Central Government may, by notification, specify on this behalf:

5. This extended period of limitation (20.3.2020 to 29.6.2020) was further extended to (20.3.2020 to 31.12.2020) by the Central Government vide Notification No. 35/2020 dated 24.6.2020, vide clause (i) of the Notification, which reads as follows:

“the 31st day of December 2020 shall be the end date of the period during which the time limit specified in, or prescribed or notified under, the specified Act falls for the completion or compliance of such action as specified under the said sub-section;”

6. Similarly, this extended date of 30.6.2020 was further extended to 31.3.2021 by the Central Government vide Notification No. 35/2020 dated 24.6.2020, vide clause (ii) of the Notification, which reads as follows:

“the 31st day of March 2021 shall be the end date to which the time limit for completion or compliance of such action shall stand extended:”

7. The expressions “such action as specified under the said sub-section” used in clause (i) and “such action” used in clause (ii) refers to “the actions of completions specified in sub-section (1)(a) of section 3 of the “Ordinance”.

8. In order to regularise the provisions of the “Ordinance” dated 31.3.2020 and the Notification No. 35/2020 dated 24.6.2020, the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 dated 29.9.2020 was enacted.

9. Section 3(1)(a) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 dated 29.9.2020 provides as follows, which is to be read with the long lines thereafter:

“Where any time-limit has been specified in, or prescribed or notified under, the specified Act which falls during the period from 20th day of March 2020 to the 31st day of December 2020, or such other date after the 31st day of December 2020, as the Central Government may, by notification, specify in this behalf, for the completion or compliance of such action as –

  •  completion of any proceeding or
  •  the passing of any order or
  •  issuance of any notice,
  •  intimation, notification, sanction or approval or such other action, by whatever name called,

by any authority, commission or tribunal, by whatever name called, under the provisions of the specified Act, stand extended to the 31.3.2021, or such other date after the 30.6.2020, as the Central Government may, by notification, specify on this behalf:’

10. Accordingly, all above-mentioned action of completions are now stands extended to 31.3.2021, some of which are as follows:

(i) issue of notice u/s 148(1) for the assessment year 2013-14, last date of which was 31.3.2020 as per the provisions of section 149(1)(b) in whose case the income chargeable to tax which has escaped assessment amounts to or is likely to amount to Rs. 1 Lakh or more for that year – now stands extended to 31.3.2021.

(ii) the sanction under section 151 of issuance of notice u/s 148(1) for the assessment year 2013-14, last date of which was 31.3.2020 – now stands extended to 31.3.2021.

(iii) issue of notice u/s 148(1) for the assessment year 2015-16, last date of which was 31.3.2020 as per the provisions of section 149(1)(a) in whose case the income chargeable to tax which has escaped assessment amounts to or is likely to amount to less than Rs. 1 Lakh – now stands extended to 31.3.2021.

(iv) the sanction under section 151 of issuance of notice u/s 148(1) for the assessment year 2015-16, the last date of which was 31.3.2020 – now stands extended to 31.3.2021.

(v) making of an order of assessment u/s 143 or section 144 as provided in 1st proviso of section 153(1), the last date of which for the assessment year 2018-19 was 30.9.2020 – now stands extended to 31.3.2021.

(vi) making of an order of assessment u/s 147 as provided in section 153(2), last date of which for the assessment year 2013-14 was 31.12.2020 in whose cases notice u/s 148(1) was served before 1.4.2020 – now stands extended to 31.3.2021.

(vii) sending of intimation under clause (d) of section 143(1) in respect of the return of income furnished u/s 139 or 142(1) during the financial year 2018-19, the last date of which was 31.3.2020 as per the provisions of 2nd proviso of section 143(1) – now stands extended to 31.3.2021.

(viii) service of notice u/s 143(2) in respect of the return of income furnished u/s 139 or 142(1) during the financial year 2019-20, the last date of which was 30.9.2020 as per provisions of proviso of section 143(2) – now stands extended to 31.3.2021.

(ix) making of an order of revision u/s 263(1) as provided in section 263(2), the last date of which was 31.3.2020 in whose cases where the order sought to be revised was passed during the financial year 2017-18 – now stands extended to 31.3.2021.

(x) making of an order of revision u/s 264(1) as provided in section 264(2), the last date of which was 31.3.2020 in whose cases where the order sought to be revised was made during the financial year 2018-19 – now stands extended to 31.3.2021.

(xi) passing of an order of revision u/s 264(1) r/w section 264(3) as provided in section 264(6), last date of which was 31.3.2020 in whose an application for revision by an assessee was made during the financial year 2018-19 – now stands extended to 31.3.2021.

Disclaimer:

Prepared and being disseminated to share information and knowledge with fellow professionals and stakeholders in the public interest. Any error or omission is bona fide, thus disclaimed. In case of any doubt, please refer to referred and relevant texts.

QR – 72 Extension of Actions of Completion

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Profile photo of CA Rajiv Kumar Jain CA Rajiv Kumar Jain

After completing graduation in Commerce in 1975 from Hisar (Haryana), I completed my articles from M/s. S. Prasad & Co., Chartered Accountants, Delhi, and passed CA in the year 1980. Since then I have been in whole-time practice under the name of M/s. Rajiv Jain & Co., and worked as a partner in M/s. K.C.Gupta & Co. from 2008 to 2020. During my tenure in practice, I have excelled in the fields of Direct and Indirect Taxes, Company Law matters, Company and Tax Audits, including an appearance in ITAT and Service Tax Appellate Tribunal. Gradually I have concentrated on Direct Tax, Sales Tax/VAT and Service Tax matters. I regularly prepare articles and updates on direct tax, VAT/CST, and Service Tax GST matters, which are being shared among fellow professionals through emails and mobile for sharing knowledge in view of the continued education programme of ICAI. The object of my involvement in such activities is to share my personal experience relating to human behavior and personality development, professional experience, and the little knowledge about tax laws, especially with young entrants in practice. 1. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 31.5.2010 as a guest speaker and delivered a lecture on ‘various issued on preparing and filing Income Tax returns for A.Y. 2010-11. 2. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 30.6.2011 as a guest speaker and delivered a lecture on ‘Recent issues in Income Tax Act, 1961 and Capital gains with special reference to Section 54 and 54F “and“ Recent issues in Value Added Tax”. 3. Adjudged and awarded the “Upcoming Speaker of NIRC” award in the year 2013. 4. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 17.4.2013 as a guest speaker and delivered lecture on “Recent amendments in DVAT Act and DVAT Rules”. 5. Attended workshop of NIRC on Indirect Taxes and deliberated as guest speaker 18.4.2013 on “Recent amendments in DVAT Act and DVAT Rules”. 6. Attended Seminar of East End CA CPE Study Circle of NIRC of ICAI on 8.6.2013 as guest speaker and delivered a lecture on “Recent amendments in DVAT Act and DVAT Rules”. 7. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 22.6.2013 as guest speaker and delivered a lecture on “Detailed discussion on DVAT and CST provisions with regard to ADVT Audit Report”. 8. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 7.11.2013 as guest speaker and delivered four hrs. lecture on “ DVAT Audit in Form AR-1”. 9. Attended Seminar of North Campus CPE Study Circle of NIRC of ICAI on 20.11.2013 as guest speaker and delivered a lecture on “ DVAT Audit in Form AR-1”. 10. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 21.11.2013 as guest speaker and delivered a lecture on “ DVAT Audit in Form AR-1”. 11. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 25.8.2014 as guest speaker and delivered a lecture on “ Income Tax Audit u/s 44AB with particular reference to new Forms Audit Report”. 12. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 17.10.2014 as guest speaker and delivered a lecture on “ Income Tax Audit u/s 44AB with particular reference to new Forms Audit Report”. 13. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 31.1.2015 as a guest speaker and delivered a lecture on “ CST Form -9 with particular reference to the filling of form and practical aspects”. 14. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 21.2.2015 as a guest speaker and delivered a lecture on “ CST Form No. - 9, DVAT Form No. DP-1 and Recent Circulars on Income Tax”. 15. Attended Seminar of East Delhi CPE Study Circle of NIRC of ICAI on 13.6.2015 as a guest speaker and delivered a lecture on “ Provisions of Finance (No. 2) Act, 2014 and Finance Act 2015 relevant for AY 2015-16 and FY 2016-17” 16. Attended Seminar of East End CPE Study Circle of NIRC of ICAI and CA. Nitin Kanwar & International Tax C.A. Group on 24.6.2015 as guest speaker and delivered lecture on Provisions of Finance (No. 2) Act, 2014 and Finance Act 2015 relevant for AY 2015-16 and FY 2016-17” 17. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 25.7.2015 as guest speaker and delivered lecture on “ DVAT – Latest Developments – DVAT (2nd Amendment Act), 2015 18. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 28.11.2015 as guest speaker and delivered lecture on “ DVAT – Latest Developments. 19. Attended Seminar of Tri Nagar Keshav Puram CPE Study Circle of NIRC of ICAI on 2.12.2015 as guest speaker and delivered lecture on “ DVAT – Latest Developments”. 20. Awarded for “Commendable Contribution in the activities of profession” by NIRC in the year 2015 on 20.2.2016. 21. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 30.4.2016 as guest speaker and delivered lecture on “ Recent issues on DVAT “ with special reference to returns under DVAT and CST Acts. 22. Attended Seminar of East Delhi CPE Study Circle of NIRC of ICAI on 14.5.2016 as guest speaker and delivered lecture on “ DVAT” and “ICDS” 23. Attended Seminar of Tri Nagar Keshav Puram CPE Study Circle of NIRC of ICAI on 4.6.2016 as guest speaker and delivered lecture on “ TDS/TCS & Advance Tax Amendments in Finance Act,, 2016 with special reference to section 206C as amended by the Finance Act, 2016”. 24. Attended Seminar of Patparganj CPE Study Circle of NIRC of ICAI on 11.6.2016 as guest speaker and delivered lecture on “ TDS/TCS & Advance Tax Amendments in Finance Act,, 2016 with special reference to section 206C as amended by the Finance Act, 2016”. 25. Attended Seminar of East End CPE Study Circle of NIRC of ICAI on 16.6.2016 as guest speaker and delivered lecture on “ Provisions of Section 206C as amended by the Finance Act, 2016”. 26. Attended “workshop on TDS and TCS” organized by NIRC of ICAI on 22.6.2016 as guest speaker and delivered lecture on “ Provisions of Section 206C as amended by the Finance Act, 2016”. 27. Attended Seminar of North Ex Study Circle of NIRC of ICAI on 28.6.2016 as guest speaker and delivered lecture on “Overview of ICDS”. 28. Attended Seminar of North Ex Study Circle of NIRC of ICAI on 29.11.2016 as guest speaker and delivered lecture. 29. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 24.12.2016 as guest speaker and delivered lecture on “Demonetization, 2016” with special reference to “Taxation Law (2nd Amendment) Act, 2016. 30. Recently I have been appointed as “special invitee” in Direct Tax Committee (DTC) of ICAI for the year 2019-20. 31. Attended Seminar of North Ex Study Circle of NIRC of ICAI on 16.9.2019 as a guest speaker and delivered lecture on Tax Audit with a new perspective. 32. I have been reappointed as “special invitee” in the Direct Tax Committee (DTC) of ICAI for the year 2020-21. 33. During the Covid-19 pandemic lockdown period delivered a lecture as a guest speaker in Webinar on 9.4.2020 on Interpretation of Relief Ordinance, 2020 dated 31.3.2020. 34. During the Covid-19 pandemic lockdown period delivered a lecture as a guest speaker in Webinar on 15.9.2020 on Tax Audit and Presumption Taxation under Income Tax Act, 196 for East Delhi Study Circle.

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