Background
In light of the ongoing COVID-19 pandemic, the Central Board of Direct Taxes (CBDT) had extended deadlines of certain Income-tax compliances[1] by issuing circulars in the month of April, May[2] and June[3] 2021. While the impact of the second wave of COVID-19 has subsided and businesses are returning to normalcy, the taxpayers are still facing technical glitches in filing various forms on the new income-tax portal. Due to such technical glitches on the income tax portal, recently, the CBDT extended timelines for electronic filing of several Forms under the provisions of the Income-tax Act, 1961 (IT Act). Certificate in Form No. 3 which is a pre-requisite for making payment by the declarant under Direct Tax Vivad se Vishwas Act, 2020 (VsV Act), is also dependent on the new income-tax portal. With the tax authorities facing difficulties in issuing and amending Form no. 3, the CBDT has recently issued a notification[4] to further extend the last date for payment of the VsV amount.
We, at BDO in India, have analysed and summarised the said circular hereunder:
Particulars |
Extended deadline (As per Notification 75 dated 25 June 2021) |
Revised deadline as per current notification |
Payment of amount determined under VsV (without additional amount) |
31 August 2021 |
30 September 2021 |
Payment of amount determined under VsV (with additional amount) |
31 October 2021 |
31 October 2021 |
BDO Comments
While the Notification has not extended the deadline for payment (with additional amount), it is imperative to note that in the Press Release[5] it has been clarified that there won’t be any change in the last date of 31 October 2021 for payment (with additional amount).
[1]Notification No. 38/2020/F. No. 370142/35/2020-TPL, dated 27 April 2021 and Notification No. 39/2020/F. No. IT(A)/01/2020-TPL, dated 27 April 2021. Refer our tax alert - https://www.bdo.in/en-gb/insights/alerts-updates/direct-tax-alert-cbdt-further-extends-few-statutory-deadlines-and-payment-under-vivad-se-vishwas-s
Circular No.8/2021, dated 30 April 2021. Refer our tax alert- https://www.bdo.in/en-gb/insights/alerts-updates/direct-tax-alert-cbdt-extends-few-compliance-related-deadlines
[2] Circular No.9/2021, dated 20 May 2021. Refer our tax alert- https://www.bdo.in/en-gb/insights/alerts-updates/direct-tax-alert-cbdt-extends-time-limits-of-certain-compliances
[3] Circular No.12/2021 and Notification No. 74 and Notification No. 75, dated 25 June 2021. Refer our tax alert- https://www.bdo.in/en-gb/insights/alerts-updates/direct-tax-alert-cbdt-further-extends-deadline-of-certain-compliances-en
[4] Notification No. 94/2021/F. No. IT(A)/01/2020-TPL (Part I), dated 31 August 2021
[5] Press Release dated 29 August 2021
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