DUE DATE OF FILING INCOME TAX RETURN (AUDIT CASES)FOR YEAR ENDED 31.03.2012 IS 01.10.2012 ON FOLLOWING BASIS
CBDT Circular : No. 639, dated 13-11-1992. Date: 13-11-1992
1. Representations have been received by the Board seeking clarifications as to whether, the
assessee could file a return of income/loss under the Income-tax Act, 1961 on the next
working day following a holiday and claim it
CBDT Circular : No. 639, dated 13-11-1992. Date: 13-11-1992
1. Representations have been received by the Board seeking clarifications as to whether, the
assessee could file a return of income/loss under the Income-tax Act, 1961 on the next
working day following a holiday and claim it
to have been filed within the statutory time limit.
2. The matter has been examined in consultation with the Ministry of Law and the Board are
advised that, in such cases, section 10 of the General Clauses Act, 1897 will be applicable.
According to this section, where any act or proceeding is directed or allowed to be done or
taken in any court or office on a certain day or within a prescribed period, then, if the Court or
office is closed on that day or the last day of the prescribed period, the act or proceeding shall
be considered as done or taken in due time if it is done or taken on the next day afterwards on
which the court or office is open.
3. In view of the above, it is hereby clarified that where the last day for filing return of
income/loss is a day on which the office is closed, the assessee can file the return on the next
day afterwards on which the office is open and, in such cases, the return will be considered to
have been filed within the specified time limit.
4. This clarification also applied to the returns under other direct tax enactments.
FAQ at Income Tax Website https://incometaxindiaefiling.gov.in/portal/faq.do#QuesNo9
9. If the last date of filing falls on Saturday or Sunday or Public Holiday and Income Tax Department is closed on these days, can subsequent Monday be treated as "Last date of Filing"?
Answer: Yes, if Income Tax Department is closed on these days. Otherwise, No.
Yes, if Income Tax Department is closed on these days. Otherwise, No.
1. Representations have been received by the Board seeking clarifications as to whether, the
assessee could file a return of income/loss under the Income-tax Act, 1961 on the next
working day following a holiday and claim it to have been filed within the statutory time limit.
2. The matter has been examined in consultation with the Ministry of Law and the Board are
advised that, in such cases, section 10 of the General Clauses Act, 1897 will be applicable.
According to this section, where any act or proceeding is directed or allowed to be done or
taken in any court or office on a certain day or within a prescribed period, then, if the Court or
office is closed on that day or the last day of the prescribed period, the act or proceeding shall
be considered as done or taken in due time if it is done or taken on the next day afterwards on
which the court or office is open.
3. In view of the above, it is hereby clarified that where the last day for filing return of
income/loss is a day on which the office is closed, the assessee can file the return on the next
day afterwards on which the office is open and, in such cases, the return will be considered to
have been filed within the specified time limit.
4. This clarification also applied to the returns under other direct tax enactments.
2. The matter has been examined in consultation with the Ministry of Law and the Board are
advised that, in such cases, section 10 of the General Clauses Act, 1897 will be applicable.
According to this section, where any act or proceeding is directed or allowed to be done or
taken in any court or office on a certain day or within a prescribed period, then, if the Court or
office is closed on that day or the last day of the prescribed period, the act or proceeding shall
be considered as done or taken in due time if it is done or taken on the next day afterwards on
which the court or office is open.
3. In view of the above, it is hereby clarified that where the last day for filing return of
income/loss is a day on which the office is closed, the assessee can file the return on the next
day afterwards on which the office is open and, in such cases, the return will be considered to
have been filed within the specified time limit.
4. This clarification also applied to the returns under other direct tax enactments.
FAQ at Income Tax Website https://incometaxindiaefiling.gov.in/portal/faq.do#QuesNo9
9. If the last date of filing falls on Saturday or Sunday or Public Holiday and Income Tax Department is closed on these days, can subsequent Monday be treated as "Last date of Filing"?
Answer: Yes, if Income Tax Department is closed on these days. Otherwise, No.
Yes, if Income Tax Department is closed on these days. Otherwise, No.
1. Representations have been received by the Board seeking clarifications as to whether, the
assessee could file a return of income/loss under the Income-tax Act, 1961 on the next
working day following a holiday and claim it to have been filed within the statutory time limit.
2. The matter has been examined in consultation with the Ministry of Law and the Board are
advised that, in such cases, section 10 of the General Clauses Act, 1897 will be applicable.
According to this section, where any act or proceeding is directed or allowed to be done or
taken in any court or office on a certain day or within a prescribed period, then, if the Court or
office is closed on that day or the last day of the prescribed period, the act or proceeding shall
be considered as done or taken in due time if it is done or taken on the next day afterwards on
which the court or office is open.
3. In view of the above, it is hereby clarified that where the last day for filing return of
income/loss is a day on which the office is closed, the assessee can file the return on the next
day afterwards on which the office is open and, in such cases, the return will be considered to
have been filed within the specified time limit.
4. This clarification also applied to the returns under other direct tax enactments.
1 comment:
however what about e filing ??
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