CBDT further defers the reporting requirements of revised Tax Audit Report Form 3CD, relating to Clauses 30C (GAAR)/ 44 (GST), upto 31 March 2021, in view of outbreak of COVID-19 pandemic.
It may be noted that CBDT has earlier also deferred implementation of these clauses from 20 Aug. 2018 to 31 March 2019/ 31 March 2020, for other reasons, in view of representations from stakeholders, like ICAI, etc.
In other words, implementation of certain changes notified in revised Tax Audit Report Form 3CD, vide Notification dt. 20 July 2018 (applicable from 20 Aug. 2018) have been further extended upto 31 March 2021, i.e. changes relating to two new reporting requirements under ‘clause 30C pertaining to GAAR’ and ‘clause 44 pertaining to GST’. Accordingly, Tax Auditors, have been further relaxed from reporting such details while furnishing Form 3CD during 20 Aug. 2018 to 31 March 2021 effectively.
However, it may be noted that relief from reporting GST details in Form 3CD is applicable only for taxpayers those who are liable to tax audit, i.e. this relief has nothing to do with ITR Form 6 requiring a company, which is not subject to tax audit, to give various details relating to GST.
CBDT Income Tax Circular 10/2020 dt. 24 April 2020: Clause 30C (GAAR)/ 44 (GST) of Revised 3CD further extended upto 31 March 2021
Order under section 119 of the Income-tax Act, 1961
1. Section 44AB of the Income-tax Act, 1961 (‘the Act’) read with rule 6G of the Income-tax Rules, 1962 (‘the Rules’) requires specified persons to furnish the Tax Audit Report along with the prescribed particulars in Form No. 3CD. The existing Form No. 3CD was amended vide notification no. GSR 666(E) dated 20th July, 2018 with effect from 20th August, 2018. However, the reporting under clause 30C and clause 44 of the Tax Audit Report was kept in abeyance till 31st March, 2019 vide Circular No. 6/2018 dated 17.08.2018, which was subsequently extended to 31 .03.2020 vide Circular No. 9/2019.
2. Several representations were received by the Board with regards to difficulty in implementation of reporting requirements under clause 30C and clause 44 of the Form No. 3CD of the Income-tax Rules, 1962 in view of the Global Pandemic due to COVID-19 virus and requested for deferring the applicability of the above provisions.
3. The matter has been examined and in view of the prevailing situation due to COVID19 pandemic across the country, it has been decided by the Board that the reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance till 31st March, 2021.
CBDT Circular 09/2019 Income Tax dt. 14 May 2019: Clause 30C (GAAR) and 44 (GST) of Revised 3CD further deferred upto 31 March 2020
CBDT Circular 6/2018 Income Tax dt. 17 Aug. 2018: Clause 30C (GAAR) and 44 (GST) of Revised 3CD deferred upto 31 March 2019