Due date for filing Tax audit report u/s 44AB, Report required u/s 92E, 12A(1)(b) and Income tax return in such audit cases for AY 2021-22

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In this post we shall try to simplify the due date of filing various Reports which includes Tax audit report, Report under section 92E, Audit report in case of Trust and Income tax Return filing Due date.

Firstly let’s discuss about the due date of Income tax return in case of companies. In case of companies due date for filing Income Tax return is 15.02.2022 irrespective of whether the company is required for tax audit, statutory audit or not.

Explanation 2 to Section 139(1) says that due date for filing Income tax return in case of companies shall be 31.10.2021 which was later extended to 30.11.2021* and then such due date was extended to 15.02.2022.**

Hence the due date of Income tax return for companies irrespective of whether there is any requirement of Audit or not is 15.02.2022. Only in a case where the company is required to file report under section 92E, due date for filing Income tax return shall be 28.02.2022.

Now, let’s discuss due date of other tax audit report and Income tax return for all assessee as per the below mentioned chart:

To download Chart CLICK HERE.

The circulars issued by Income tax department had always extended the due date based on earlier due date of that report or Income tax return and hence there was never any specific reference to any specific report in circular granting extension.

*Extended by Circular No. 9 of 2021 Dt. 20.05.2021

**Extended by Circular No. 17 of 2021 Dt. 09.09.2021

An FAQ in relation to due date of Tax audit report in case where Transfer pricing report is also required to be furnished:

1. In case of entity which needs to file transfer pricing report and tax audit, then due date of Tax audit is 15.01.2022 and due date for Transfer pricing report is 31.01.2022.?

Ans. This cannot be the case as under section 44AB it has been mentioned that due date for tax audit report shall be 1 month prior to Income tax return due date and hence due date for Income tax return where section 92E is attracted is 28.02.2022. Thus, due date for tax audit in such case would be 31.01.2022 and not 15.01.2022.

We Hope this clarifies the confusion related to various due dates under Income tax Act.

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