In a significant relief to taxpayers, the Government reported an expansion of the due date for filing income tax returns for the assessment 2020-21 by one more month to December 31, 2020. The government likewise extended the date of filing returns by taxpayers (including their partners) who are needed to get their accounts audited and the individuals who are needed to furnish a report in regard of international/specified domestic transactions by two months to January 31, 2020.
The economic effect of the 2020 Covid pandemic in India has been to a great extent problematic. The lockdown however important has prompted an unfortunate effect on the economy. With an ever-expanding Covid cases, lockdown was considered as a solitary answer for level the bend. Notwithstanding, the measures which were actualized to evade a human catastrophe, have thusly prompted the introduction of a few issues, for example, joblessness, downturn, impediment to monetary development, money related insecurity, etc.
The Government of India announced a variety of measures to tackle the situation, from food security and extra funds for healthcare and for the states, to sector related incentives and tax deadline extensions. With the ongoing COVID -19 pandemic a lot of income tax due dates were extended by The Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 read with Notification No. 35 /2020, dated 24-06-2020. In view of the same, the due date of furnishing ITR for FY 2019-20 till 30th November, 2020. The Central Board of Direct Taxes (CBDT) has notified and released various ITR forms for different purposes.
To give relief to small and middle class taxpayers, the said warning dated 24th June, 2020 had likewise broadened the due date for installment of self-appraisal charge for the citizens whose self-evaluation charge risk is up to Rs. 1 lakh. Appropriately, the due date for installment of self-evaluation charge for the citizens who are not needed to get their accounts audited was stretched out from 31st July, 2020 to 30th November, 2020 and for the auditable cases, this due date was reached out from 31st October, 2020 to 30th November, 2020.
In order to provide further relief to small and middle-class taxpayers in the matter of payment of self-assessment tax, the due date for payment of self-assessment tax date is again extended. Accordingly, the due date for payment of self-assessment tax for taxpayers whose self-assessment tax liability is up to Rs 1 lakh has been extended as follows:
Section 140A(3) of the Income Tax Act deals with the penalty for non-payment of self-assessment tax. As per section 140A (3), if the taxpayer fails to pay the self-assessment tax (either wholly or partly) or interest or fee, then, such taxpayer shall be treated as an assessee in default. In such a case, the penalty would be imposed by the assessing officer as per his discretion.
As per section 140A (3), in case the taxpayer defaults in making payment of the whole or part of self-assessment tax or interest or fees, then, such taxpayer shall be ‘deemed to be an assessee in default’ to the extent of the unpaid tax or interest or fee. Section 221 (1) levies penalty under the case when the taxpayer is ‘deemed to be an assessee in default’. As per said section, the penalty in such case would be an amount as directed by the Assessing Officer (AO). However, the maximum amount of penalty cannot exceed the amount of tax in arrears.
This extension has proved to be a welcome relief to the taxpayers with cash flow problems who had difficulties in meeting tax reporting or payment obligations or were otherwise facing hardship. If the due date was not extended penalties and interest for non-payment of self-assessment tax would be levied on small taxpayers who have difficulties in making ends meet in this scenario.