Wednesday 1 April 2020

ANALYSIS of THE TAXATION AND OTHER LAWS (RELAXATION OF CERTAIN PROVISIONS) ORDINANCE, 2020


Dear Professional colleagues,

In the scenario of Lockdown due to COVID-19, it's very pertinent for all of us to keep ourselves updated. 

KNOWLEDGE FLASH 1: ANALYSIS of THE TAXATION AND OTHER LAWS (RELAXATION OF CERTAIN PROVISIONS) ORDINANCE, 2020

Easy Analysis of EXTENSION of various DEADLINES under Income Tax Law is as under:-

Details of date extended for claiming any deduction or exemption under Income tax law:-

Sr. No.

Particulars

Extended time limit

Refer Note

1.

For deduction u/s.80C to 80GGC (i.e. Deduction under Heading B of chapter VIA)

30th June 2020

N1

2.

For deduction u/s.80H to 80RRB (i.e. Deduction under Heading C of chapter VIA)

No Extension

-

3.

For deduction u/s.80TTA to 80TTB (i.e. Deduction under Heading CA of chapter VIA)

No Extension

-

4.

For deduction u/s.80U (i.e. Deduction under Heading D of chapter VIA)

No Extension

-

5.

For Deduction/exemption u/s.54 to 54GB by making investment, deposit, payment, acquisition, purchase or construction

30th June 2020

N1

6.

For beginning of manufacture or production of articles or things or providing any services referred to in section 10AA (only for those cases where the letter of approval required to be issued in accordance with the provisions of the special economic Zones Act, 2005 has been issued on or before 31st March 2020

30th June 2020

N1

Conditions:-

N1:- Above due dates are extended only for those deductions or exemptions for which due dates were falling between 20th march 2020 to 29th June 2020.

Other observations:-

i)                    Except above, dates are not extended for claiming any deduction or exemptions under Income tax Act.

ii)                   Above date can be extended further by central government through notification

 

Details of extension for payment of advance tax, TDS, TCS or any other tax

Sr. No.

Particulars

Extended time limit

Interest need to be paid

1.

Payment of TDS

30th June 2020

Maximum 9% per annum for month or part of month

2.

Payment of Advance tax under Income tax act

30th June 2020

3.

Payment of Tax under Vivad se Vishwas act, 2020

30th June 2020

4.

Payment of equalisation levy under chapter VIII of Finance act 2016

No Extension

5.

Payment of tax under “Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015”

30th June 2020

6.

Payment of tax under “Prohibition of benami property transaction Act, 1988”

30th June 2020

7.

Payment of Security transaction tax under chapter VII of Finance (No.2) Act, 2004

30th June 2020

Conditions for claiming extensions:-

Above extension shall be available only if following conditions are complied:-

i)                    Due date for above stated tax or levy was due to be paid between 20th March, 2020 to 29th June, 2020

ii)                   And such tax or levy is paid before 30th June, 2020

Benefits of extension:-

If tax or levy (as stated above) is paid before given date then no penalty or prosecution shall be sanctioned for payment of such amount.

 

Details of extension for completion of different income tax proceedings:-

Sr. No.

Particulars

Extended time limit

Refer Note

1.

“Completion of any proceedings” or “passing of any order” or “issuance of any notice, intimation, sanction or approval”,

For example,

i)                    Issuance of any notice u/s.147 of the act

ii)                   Passing an assessment order u/s.143(3), 144, 147 or 153A or 153C

iii)                 Issuing intimation u/s.143(1)

iv)                 Granting registration u/s.12AA or 80G of the act

v)                   Passing an order u/s.154 of the act

30th June 2020

N1

2.

“Filling of any appeal, reply or application” or “Furnishing any report, document, return, statement”

For example,

i)                    Filing an appeal to CIT(A), Tribunal, High Court or Tribunal

ii)                   Filling of any reply to notice issued under Income tax act

iii)                 Filling of be lated Income tax return for AY2019-20

iv)                 Filling TDS return for Q4 for FY 2019-20

v)                   Issuing TDS certificates

30th June 2020

N1

Conditions:-

N1:- Above due dates are extended only for those compliances for which due dates were falling between 20th march 2020 to 29th June 2020.

Other observations:-

Above date can be extended further by central government through notification