Limitation periods
Income-tax Act provides various due dates and limitation periods for various compliances. The document will help you to know beforehand the upcoming compliances, so that you can make hassle free compliances with all provisions.
PERIODS OF LIMITATION
[AY 2014-15 & AY 2015-16]
Section | Nature of compliance | Limitation of time |
(1) | (2) | (3) |
10(23C) | Making an order accepting/rejecting application made under first proviso for grant of exemption under sub-clause (iv)/(v)/(vi)/(via) | Within 12 months from end of month in which application was received |
Making application under fourteenth proviso to section 10(23C) to designated authority by educational/medical institutions, etc., referred to in section 10(23C)(iv)/(v)/(vi)/(via) | On or before 30th September of relevant assessment year | |
10A(8) | Furnishing declaration by assessee in respect of industrial undertaking in any free trade zone for not availing tax holiday under section 10A | Before due date for furnishing return of income under section 139(1) |
10B(8) | Furnishing declaration by assessee in respect of 100 per cent export-oriented undertaking for not availing tax holiday under section 10B | Before due date for furnishing return of income under section 139(1) |
10C(6) | Furnishing declaration by assessee in respect of certain industrial undertakings in North Eastern Region for not availing tax holiday under section 10C | Before due date for furnishing return of income under section 139(1) |
12A(1)(aa) | Filing application for registration of trust or institution for purposes of section 11 | Application on or after 1-6-2007 shall be made in the prescribed form and in the prescribed manner and the provisions of section 11 and section 12 shall apply inrelation to the income of such trust or institution from the assessment year immediately following the financial year in which such application is made. |
12AA | Passing an order granting or refusing registration of trust | Within 6 months from the end of the month in which application u/s 12A(1)(aa) is received |
35 | Order accepting/rejecting application made under first proviso to section 35(1) for grant of approval under section 35(1)(ii)/(iii) | Within 12 months from end of month in which such application was received |
44AB | Getting accounts audited by accountant and furnishing report | Due date for furnishing the return of income under section 139(1) |
80QQB | Receiving or bringing into India in convertible foreign exchange, income by way of royalty or copyright fees, earned outside India | Within 6 months from end of previous year or such extended period as the Competent Authority may allow in this behalf |
80RRB | Receiving or bringing into India in convertible foreign exchange, income by way of royalty on patents, earned outside India | Within 6 months from end of previous year or such extended period as the Competent Authority may allow in this behalf |
92CA(3A) | Passing of order u/s 92CA(3) by Transfer Pricing Officer | At least sixty days before the period of limitation referred to in section 153 or section 153B, as the case may be, for making the order of assessment or reassessment or recomputation, or fresh assessment, expires. |
92CD(1) | Submission of modified return in accordance with and limited to advance pricing agreement | Within 3 months from the end of the month in which advance price agreement was entered |
92CD(5)(a) | Passing assessment/reassessment/recomputation order under section 92CD(3) in respect of modified return | Within 1 year from the end of the financial year in which modified return is furnished |
92D | Furnishing information/documents required by revenue authorities | Within a period of 30 days from the date of receipt of a notice issued in this regard, and such period may be extended by a further period not exceeding 30 days |
92E | Furnishing report of accountant | 30th November of relevant assessment year |
115-O(3) | Deposit of tax on distributed profits of domestic companies | Within 14 days from date of declaration, distribution or payment of dividends whichever is earlier |
115QA(3) | Deposit of tax to credit of Government in case of distributed income of domestic company for buy-back of shares | Within 14 days from date of payment of any consideration to the shareholder on buy-back of shares |
115R(3) | Deposit of tax on distributed income of UTI/Mutual Fund | Within 14 days from the date of distribution or payment of income, whichever is earlier |
115R(3A)1 | Furnishing statement in prescribed form to prescribed income-tax authority giving details of income distributed to unit holders, tax paid thereon, etc. | On or before 15th September in each year |
115TA(2) | Deposit of tax to credit of Government in case of income distributed by securitization trust | Within 14 days from date of distribution or payment of such income, whichever is earlier |
115TA(3)1 | Person responsible for making payment of income distributed by securitisation trust to furnish to prescribed income-tax authority, statement in prescribed form and verified in prescribed manner giving details of amount of income distributed to investors during the previous year, the tax paid thereon and other relevant prescribed details | On or before 15th September in each year |
115U(2) | Person responsible for making payment of income on behalf of venture capital company/fund and venture capital company/fund to furnish to person receiving such income and to prescribed income-tax authority, statement in prescribed form and verified in prescribed manner, giving details of nature of income paid or cerdited during the previous year and such other relevant details as may be prescribed | 30th November of financial year following previous year during which such income is paid or credited |
115UA(With effect from 1-4-2012) | Any person responsible for making payment of the income distributed on behalf of a business trust to a unit holder shall furnish a statement to the unit holder and the prescribed authority, within such time and in such form and manner as may be prescribed, giving the details of the nature of the income paid during the previous year and such other details as may be prescribed. | To be prescribed |
115VP | Opting for Tonnage Tax System (TTS) | |
– Existing qualifying company
| Between 1-10-2004 and 31-12-2004 | |
– Company incorporated after 1-1-2005 and being a qualifying company
| Within 3 months of incorporation | |
– Existing company which becomes a qualifying company after 1-1-2005
| Within 3 months of it becoming a qualifying company | |
115VP(4) | Joint Commissioner passing order under sub-section (4) of section 115VP | Within one month from end of month in which application undersection 115VP(1) was received |
115WD(1)2 | Filing return of fringe benefits | |
– by company/person whose accounts are to be audited
| On or before 30th September of relevant assessment year | |
– by other employers
| On or before 31st July of relevant assessment year | |
115WE(1)2 | Sending intimation u/s 115WE(1) | Before expiry of 1 year from end of financial year in which return is made |
115WE(2)2 | Notice for scrutiny assessment | Before the expiry of 6 months from the end of financial year in which return is furnished |
124(3) | Challenging Assessing Officer’s jurisdiction | Where a return is made undersection 139(1), before expiry of 1 month from the date on which a notice under section 142(1) or143(2) is served or before the completion of assessment, whichever is earlier |
Where no return is made before the expiry of time allowed by notice under section 142(1) or under section 148 for making the return or under section 144 for showing cause why best judgment assessment should not be made, whichever is earlier | ||
131(3) | Retention of impounded books or documents by Assessing Officer/Assistant Director without obtaining approval of Chief Commissioner/Director General/Commissioner/Director/Principal Chief Commissioner/Principal Director General/Principal Commissioner/Principal Director | Not more than 15 days (exclusive of holidays) |
132(8) | Retaining books of account or other documents seized under section 132(1) or132(1A) by authorised officer without approval of Chief Commissioner/Commissioner/Director General or Director/Principal Chief Commissioner/Principal Director General/Principal Commissioner/Principal Director | Not more than 180 days [30 days from the date of assessment order under section 153A or section 158BC(c)] |
132(8A) | Period for which order passed undersection 132(3) to remain in force | 60 days from date of order |
132(9A) | Handing over of books, etc., to ITO having jurisdiction | 60 days from date on which last of authorisations for search was executed |
132B(1) | Release of assets seized after recovery of existing liability | Within 120 days from date on which last of the authorisations/requisitions undersection 132/132A was executed |
132B(1), first proviso | Making application to Assessing Officer for release of asset explaining nature and source of acquisition of asset | Within 30 days from end of the month in which asset was seized |
133A(3)(from 1-10-2014) | Retention by income-tax authority of impounded books of account, documents without approval of Chief Commissioner/Director General/Principal Chief Commissioner/Principal Director General | Not more than 15 days (exclusive of holidays) |
139(1) |
(a) Filing of return by any company other than covered in (c) below
| September 30 of the assessment year |
(b) Filing return of income by any non-corporate assessee other than covered in (c) below :
| ||
(i) in the case where accounts are to be audited or where accounts of the firm in which assessee is a working partner are required to be audited
| September 30 of relevant assessment year | |
(ii) in the case of a co-operative society
| September 30 of relevant assessment year | |
(iii) in other cases
| July 31 of relevant assessment year | |
(c) Filing of return where an assessee (corporate/non-corporate) is required to furnish a report in Form No. 3CEB undersection 92E
| November 30 of the assessment year | |
139(3) | Filing of return of loss | Within the time allowed undersection 139(1) |
139(4) | Filing belated return of income | Within 1 year from the end of the relevant assessment year or before completion of assessment, whichever is earlier |
139(4A) | Filing return by every person receiving income in respect of which he is assessable as a representative assessee from property held under trust/legal obligation wholly or partly for charitable or religious purposes, etc., if total income exceeds maximum amount not chargeable to tax | Within time allowed under section 139(1) |
139(4B) | Filing of return by every political party by its chief executive officer | Within time allowed under section 139(1) |
139(4C) | Filing return by every (a) research association referred to in section 10(21), (b) news agency referred to in section 10(22B), (c) association or institution referred to in section 10(23A), (d) institution referred to in section 10(23B), (e) fund/institution/trust/university/other educational institution/medical institution referred to in sub-clause (iiiad), (iiiae), (iv), (v), (vi) or (via) of section 10(23C), (f) trade union/association referred to in sub-clause (a) or (b) of section 10(24), (g) any body/trust/authority referred to in section 10(46) and (h) infrastructure debt fund referred to in section 10(47)3, if the total income without giving effect to the provisions of section 10 exceeds the maximum amount not chargeable to tax. | Within time allowed under section 139(1) |
139(4D) | Filing return by every university, college or other institution referred to in section 35(1)(ii) and 35(1)(iii) which is not required to furnish return of income or loss under any other provisions | Within time allowed under section 139(1) |
139(5)4 | Filing revised return | Within 1 year from the end of the relevant assessment year or before the completion of assessment, whichever is earlier |
139(9) | Rectifying defect in return of income | Within 15 days from date of intimation by Assessing Officer or extended time |
139A | Filing application for allotment of permanent account number | See rule 114(3) |
140A(1) |
(i) Payment of income-tax on self-assessment
| Before furnishing return of income |
(ii) Payment of interest on tax due for filing belated return or default or delay in payment of advance tax
| Before furnishing return of income | |
142(1)(i) | Where a person has not made a return of income before the end of the relevant assessment year, the Assessing Officer may serve a notice requiring him to furnish return of income. | After the end of relevant assessment year |
Notice referred to above served after the end of the relevant assessment year commencing on or after 1st April, 1990 shall be deemed to be a notice served in accordance with the provisions of the Act. | ||
142A(6)(from 1-10-2014) | Sending report by the Valuation Officer to the Assessing Officer | Within 6 months from the end of the month in which a reference is made by the Assessing Officer under section 142A(1) |
143(1) | Sending intimation under section 143(1) | Before expiry of 1 year from end of financial year in which return is made |
143(2)(ii) | Serving notice in case of understatement of income or under payment of tax for hearing for regular assessment/limited scrutiny assessment | Before expiry of 6 months from end of financial year in which return is furnished |
144BA(2) | Furnishing objection by assessee to notice of invoking GAAR provisions by Principal Commissioner/Commissioner (applicable from 1-4-2016) | Within such period (but not exceeding 60 days) as specified in the notice |
144BA(13) | Issuing direction by Approving Penal under section 144BA(6) in respect of the declaration of an agreement as an impermissible avoidance arrangement under Chapter X-A (applicable from 1-4-2016) | Within 6 months from the end of the month in which the reference under section 144BA(4) was received from the Principal Commissioner/Commissioner |
144C(2) | Filing of response by eligible assessee by (a) acceptance of variations to Assessing Officer, or (b) filing his objections, if any, to such variation with the Dispute Resolution Panel and the Assessing Officer | Within 30 days of receipt by assessee of draft order |
144C(4) | Passing of assessment order undersection 144C(3) | Within one month from end of month in which acceptance is received or period of filing objections under section 144C(2)expires |
144C(12) | Issue of directions under section 144C(5) | Within 9 months from end of month in which draft order is forwarded to eligible assessee |
144C(13) | Completion of assessment on receipt of directions issued under section 144C(5) | Within one month from end of month in which such direction is received |
147 | Reassessment where assessment has been made under section 143(3) or 147 | Within 4 years from end of relevant assessment year [unless escapement of income is because of assessee's failure to file return under section 139 or in pur-suance of notice under section 142(1) or148 or to disclose fully and truly all material facts or unless escapement of income is in relation to any asset located outside India] |
149(1) | Issuing notice under section 148 in cases subjected to scrutiny by way of assessment under section 143(3) or 147 : | |
If the escaped income— | ||
(i) is less than Rs. 1,00,000
| Within 4 years from end of relevant assessment year | |
(ii) is Rs. 1,00,000 or more
| Within 6 years from end of relevant assessment year | |
(iii) is in relation to any asset (including financial interest in any entity) located outside India
| Within 16 years from end of relevant assessment year | |
149(3) | Issuing notice under section 148 to person who has been treated as agent of non-resident under section 163 | Within 6 years from end of relevant assessment year |
150 | Issuing notice under section 148 for assessment/reassessment/recomputation pursuant to any finding or direction in an order passed : | No time limit |
(i) by any authority in any proceeding under Income-tax Act in appeal/reference/revision
| ||
(ii) by a court in any proceeding under any other law
| ||
153(1) | Passing assessment order under section 143 or 144 | Within 2 years5 from end of the assessment year in which income was first assessable. |
153(2) | Making assessment/reassessment, etc., under section 147 | Within 1 year6 from end of the financial year in which notice undersection 148 is served |
153(2A) | Making assessment order in pursuance of order under section 250, 254, 263 or 264setting aside or cancelling assessment | Within 1 year7 from end of the financial year in which order undersection 250/254 is received by Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner or an order under section 263/264 is passed by Principal Chief Commissioner/Principal Commissioner/Chief Commissioner or Commissioner |
153(4) | Making assessment/reassessment relating to any assessment year which has been revised under section 153A(2) | Within one year from the end of the month of revival or period given under section 153 or 153B(1), whichever is later |
153B | Passing assessment order under section 153A | Within a period of 2 years8 from end of the financial year in which the last of the authorisations for search/requisition under section 132/132A was executed. This period cannot be less than 1 year from the end of the financial year in which books of account, etc., are handed over under section 153C to the concerned Assessing Officer |
154 | Rectifying any mistake apparent from record by income-tax authority referred to in section 116 to— | Within 4 years from end of financial year in which order sought to be amended is passed, or within 6 months from the end of the month in which the application is received by the income-tax authority, whichever is earlier |
(i) amend any order passed by it
| ||
(ii) amend any intimation or deemed intimation under section 143(1)
| ||
(iii) amend any intimation under section 200A(1)
| ||
155(1)/(2) | Amending assessment order of partner of firm or member of AOP/BOI for inclusion of correct share from firm/AOP/BOI | Within 4 years from end of financial year in which final order is passed in case of firm/AOP/BOI |
155(1A) | Amending assessment order of partner for adjusting income from firm to the extent not deductible under section 40(b) | Within 4 years from end of financial year in which final order was passed in case of the firm |
155(4) | Recomputing total income for succeeding year(s) in respect of loss or depreciation recomputed under section 147 | Within 4 years from end of financial year in which order undersection 147 is passed |
155(4A) | Withdrawing investment allowance allowed under section 32A if— | |
(a) asset is sold/transferred within 8 years from end of previous year in which it was acquired
| Within 4 years from end of previous year in which sale/transfer took place | |
(b) investment allowance reserve is not utilised for acquiring new asset within 10 years of end of previous year in which asset was acquired
| Within 4 years from end of said 10 years | |
(c) reserve is misutilised before expiry of 10 years of end of previous year in which asset was acquired
| Within 4 years from end of previous year in which amount is so misutilised | |
155(5A) | Withdrawing development allowance under section 33A if within 8 years land is sold or reserve is misutilised | Within 4 years from end of previous year in which sale took place or reserve is so misutilised |
155(5B) | Recomputing total income where weighted deduction in respect of expenditure on scientific research undersection 35(2B) is deemed to have been wrongly allowed | Within 4 years from end of previous year in which period allowed for completion of scientific research programme has expired |
155(7) | Recomputing distributable income and additional tax liability under section 104 | Within 4 years from end of financial year in which final order was passed |
155(7B) | Recomputing deemed capital gains undersection 47A | Within 4 years from end of previous year in which capital asset is converted into stock-in-trade or in which parent company/holding company ceases to have 100 per cent shareholding in subsidiary company |
155(10A) | Amending order of assessment so as to exclude unadjusted amount of capital gain on long-term capital asset not chargeable under section 54E(1) | Within 4 years from end of financial year in which original assessment is made |
155(11) | Amending order of assessment to exclude capital gain not chargeable undersection 54H | Within 4 years from end of previous year in which compensation was received |
155(11A) | Amending order of assessment so as to allow deduction under section 10A, 10Bor 10BA in respect of income received in or brought into India | Within 4 years from end of previous year in which such income is received in, or brought into, India |
155(12) | Amending order of assessment to allow deduction under section 80-O | Within 4 years from end of previous year in which income is received or brought into India ; however, the period from 1-4-1988 to 30-9-1991 shall be excluded |
155(13) | Amending order of assessment so as to allow deduction u/s 80HHB, 80HHC,80HHD, 80HHE, 80-O, 80R, 80RR or80RRA in respect of convertible foreign exchange earnings not brought into India initially but received or brought into India subsequently | Within 4 years from the end of the previous year in which such income is so received in, or brought into India |
155(14) | Amending order of assessment/intimation under section 143(1) to give credit for tax deducted/collected not given earlier on ground that tax deduction/collection certificate was not filed with return | Relevant tax deduction/collection certificate should be produced before Assessing Officer within 2 years from the end of assessment year in which income is assessable. |
155(15) | Amending order of assessment so as to compute capital gain by taking the full value of consideration to be the value adopted/assessed by stamp duty authorities (section 50C) as revised in appeal/revision/reference | Within 4 years from the end of the previous year in which the order revising the value was passed in that appeal/revision/reference |
155(16) | Amending order of assessment so as to compute capital gain on compulsory acquisition, etc., by taking the full value of consideration to be the compensation/consideration as reduced by any court, tribunal or other authority | Within 4 years from the end of the previous year in which order reducing compensation was passed |
155(17) | Amending order of assessment so as to withdraw deduction under section 80RRBallowed earlier where by a subsequent order of the Controller/High Court the patent is revoked or the name of the assessee is excluded from the patents register as patentee in respect of that patent | Within 4 years from the end of the previous year in which order of Controller/High Court was passed |
158BE(1)9 | Passing order under section 158BC | Within 1 year from the end of the month in which the last of the authorisations for search u/s 132or for requisition u/s 132A was executed where the search or requisition took place before 1-1-1997. In a case where the search or requisition takes place on or after 1-1-1997 the period allowed is 2 years from the end of the relevant month. |
158BE(2)9 | Completion of block assessment in the case of other person referred to in section 158BD | One year from the end of the month in which the notice under Chapter XIV-B was served on such other personwhere search or requisition takes place before 1-1-1997. In a case where the search or requisition takes place on or after 1-1-1997 the period allowed is 2 years from the end of the relevant month. |
158BFA(3)9 | Passing order imposing penalty undersection 158BFA(2) | In a case where the assessment is the subject-matter of an appeal to the Commissioner (Appeals) undersection 246 or section 246A or an appeal to the Appellate Tribunal under section 253, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which the order of the Commissioner (Appeals) or, as the case may be, the Appellate Tribunal is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner or Commissioner, whichever period expires later. |
In a case where the assessment is the subject-matter of revision undersection 263, after the expiry of six months from the end of the month in which such order of revision is passed. | ||
In any case other than those mentioned above, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which action for imposition of penalty is initiated, whichever period expires later. | ||
160(1),Explanation 1 | Filing declaration by trustee(s) for converting ‘oral trust’ into ‘trust declared by a duly executed instrument in writing’ | Within 3 months from date of declaration of ‘oral trust’ |
172(3) | Return of full amount paid or payable to non-resident owner or charterer of ship towards passenger fares, freight, etc., to be furnished by master of ship to Assessing Officer | Before departure of ship from any port in India, or within 30 days thereafter if permitted by Assessing Officer |
172(4A) | Passing order, assessing income and determining tax payable thereon undersection 172(4). | Within 9 months from end of financial year in which return undersection 172(3) is furnished (by 31-12-2008 where return is furnished before 1-4-2007) |
172(7) | Submission of claim by owner or charterer of ship that assessment be made and tax payable by him be determined in accordance with other provisions of the Act | Before expiry of assessment year relevant to previous year in which ship has departed from Indian port |
176(3) | Giving notice of discontinuance of business/profession to Assessing Officer | Within 15 days of discontinuance |
178(1) | Giving notice of appointment as liquidator to Assessing Officer | Within 30 days of appointment |
178(2) | Notifying liquidator as to amount of tax payable by company | Within 3 months from date on which Assessing Officer receives notice of appointment of liquidator |
184 | Filing certified copy of partnership deed | Along with return of income of the firm |
192 | Filing return of deduction of tax from contributions paid by the trustees of an approved superannuation fund | Within 2 months from end of financial year |
194C(7) | Person responsible for paying/ crediting any sum to contractor during course of business of plying, hiring or leasing goods carriages to furnish prescribed particulars to prescribed income-tax authority | Within such time as may be prescribed |
197A(2) | Delivering to Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner one copy of declaration required to be filed undersection 197A(1) or 197A(1A) or 197A(1C) | On or before 7th of month next following month in which declaration is furnished |
200(1) | Paying tax deducted at source undersections 192 to 196D | Within time limit as prescribed under rule 30 |
200(3) | Preparation and filing of prescribed statements of tax deducted for periods ending on June 30, September 30, December 31 and March 31 | Where deductor is a person other than an office of Government : On or before 15th July, 15th October, 15th January of the financial year in respect of quarter ending 30th June, 30th September and 31st December and in respect of quarter ending 31st March, on or before 15th May of the financial year immediately following the financial year in which deduction is made |
Where deductor is an office of Government : On or before 31st July, 31st October, 31st January of the financial year in respect of quarter ending 30th June, 30th September and 31st December and in respect of quarter ending 31st March, on or before 15th May of the financial year immediately following the financial year in which deduction is made | ||
Within seven days from end of month in which deduction is made u/s 194-IA | ||
200A | Intimation under section 200A(1) | Within one year from end of financial year in which statement is filed |
201(3)[With effect from 1-10-2014] | Order deeming a person to be an assessee in default for failure to deduct whole or any part of tax from a person resident in India | Within 7 years from the end of the financial year in which payment is made or credit is given, whether the statement is filed or not. |
203 | Issuance of certificate of tax deducted at source | Form No. 16 : By 31st May of the financial year immediately following the financial year in which income was paid and tax deducted. |
Form No. 16A : On or before 30th July, 30th October, 30th January of the financial year in respect of quarters ending 30th June, 30th September & 31st December of the financial year. For quarter ending 31st March, on or before 30th May of the financial year immediately following the financial year in which deduction is made | ||
Form No. 16B (Section 194-IA) : Within 15 days from the due date for furnishing challan cum statement in Form No. 26QB (i.e.within 7 days from the end of month in which deduction is made) | ||
203A | Payer to apply to Assessing Officer for allotment of Tax Deduction and Collection Account Number | Within one month from the end of the month in which tax was deducted or collected, as the case may be |
203AA | Issuance of TDS Certificate within the prescribed time after the end of the financial year beginning on or after 1-4-2008 by the prescribed income-tax authority or person authorised by such authority. | 31st July following financial year during which taxes were deducted or paid (Form No. 26AS) |
206(4) | Rectifying defect in return filed undersection 206(2) | Within 15 days from the date of intimation of the defect by Assessing Officer or extended time |
206A(1) | Furnishing of prescribed statement in respect of payment of interest to residents without TDS by banking company, co-operative society or public company referred to in proviso to section 194A(3)(i) | On or before 31st July, 31st October, 31st January and 30th June following res-pective quarter of financial year |
206A(2) | Furnishing of prescribed statement by persons notified by Central Government | Within such time as may be prescribed. |
206C(3) | Payment of tax collected from the respective buyers of specified goods under section 206C(1) to the credit of Central Government or as the Board directs | Within time limit as prescribed in rule |
206C(3)(proviso) | Preparation and filing of prescribed statements of tax collected for periods ending on June 30, September 30, December 31 and March 31 | On or before 15th July, 15th October, 15th January in res-pect of first three quarters of the financial year. In respect of quarter ending 31st March, on or before 15th May of the financial year immediately following the financial year in which collection is made (Form No. 27EQ) |
206C(5) | Person collecting tax under section 206C(1) from respective buyers to give them a certificate in Form 27D about the amount and rate of tax collected, etc. | On or before 30th July, 30th October, 30th January of the financial year in respect of the quarter ending 30th June, 30th September and 31st December of the financial year. For quarter ending 31st March, on or before 30th May of the financial year immediately following the financial year in which collection is made |
206C(5)(2nd proviso) | Prescribed income-tax authority or person authorised by such authority to prepare and deliver to buyer/licensee/lessee, a statement in the prescribed form specifying amount of tax collected or paid after the end of each financial year beginning on or after 1-4-2008 | 31st July following the financial year during which taxes were collected or paid (Form No. 26AS) |
206C(5D) | Rectifying defect in return filed | Within 15 days from the date of intimation of the defect by Assessing Officer or extended time |
211(1) | Payment of advance tax in specified instalments : | |
(a) In case of corporate assessees—
| ||
(i) up to 15 per cent
| On or before 15th June | |
(ii) up to 45 per cent
| On or before 15th September | |
(iii) up to 75 per cent
| On or before 15th December | |
(iv) up to 100 per cent
| On or before 15th March | |
(b) In case of other assessees—
| ||
(i) up to 30 per cent
| On or before 15th September | |
(ii) up to 60 per cent
| On or before 15th December | |
(iii) up to 100 per cent
| On or before 15th March | |
Note : Payment of advance tax made on or before 31st March shall be treated as advance tax paid during financial year. | ||
211(2) | Payment of the appropriate part or whole amount of advance tax as demanded under section 210(3) and (4) after the due dates of instalment | On or before each date specified insection 211(1) falling after date of service of demand notice |
220(1) | Payment of amount other than advance tax in response to notice under section 156 | Within 30 days of service of demand notice or within date extended on request or within shorter period, specified in revenue’s interest |
239(2)(c) | Making claim for refund | Within 1 year from last day of relevant assessment year |
239(2)(d) | Making claim for refund of fringe benefit tax | Within 1 year from the last day of the relevant assessment year |
245C(1) | Application for settlement of case to Settlement Commission | At any stage during the pendency of a case before the Assessing Officer |
245C(1E) | Application for settlement before Settlement Commission under sub-section (1) where books of account, documents, etc., have been seized | Not before 120 days of seizure |
245D(1) | Rejecting/allowing the application for settlement | Within 7 days, notice shall be issued to the applicant to justify admission of his application; within 14 days from the receipt of application, the order pertaining to rejecting/allowing the application shall be made |
245D(2B) | Calling report by the Settlement Commission from Principal Commissioner/Commissioner | Within 30 days from the date of receipt of application |
245D(2B) | Submission of report by the Principal Commissioner/Commissioner to Settlement Commission | Within 30 days from the date of communication from the Settlement Commission |
245D(2C) | Declaring application as invalid by the Settlement Commission | Within 15 days from the date of receipt of report from the Principal Commissioner/Commissioner |
245D(3) | Furnishing a report by the Principal Commissioner/Commissioner to the Settlement Commission in the matters covered by the application | Within 90 days from the date of receipt of communication from the Settlement Commission |
245D(4A) | Passing order of settlement | Within 18 months from the end of the month in which the application was made, if application is made on or after 1-6-2010 (12 months if application is made between 1-6-2007 and 31-5-2010) (In respect of applications referred to in section 245D(2A) to (2D) : on or before 31-3-2008) |
245D(6B) | Passing of order by Settlement Commission to amend any order passed by it in order to rectify any mistake apparent from the record | 6 months from the date of the order to be amended |
245D(7) | Completion of proceedings where settlement becomes void as provided insection 245D(6) | Within 2 years from the end of the financial year in which the settlement becomes void |
245E, proviso | Reopening of completed proceedings by Settlement Commission if an application is made before 1-6-2007 | Reopening of proceeding is not possible where period between end of assessment year to which proceeding relates and the date of application for settlement undersection 245C exceeds 9 years |
245Q(3) | Withdrawing application for advance ruling | Within 30 days from date of application |
245R(6) | Pronouncement of advance ruling by authority | Within 6 months of receipt of application |
249(2)/(3) | Filing appeal to Commissioner (Appeals)— | |
(a) relating to tax deducted at source under section 195(1)
| Within 30 days from date of payment of tax or within extended time | |
(b) relating to any assessment/ penalty
| Within 30 days from date of service of demand notice or within extended time | |
(c) in any other case
| Within 30 days from date of communication of order or within extended time | |
250(6A) | Disposal of appeal by Commissioner (Appeals) | One year from end of financial year in which appeal is filed (where it is possible) |
253(3)/(5) | Filing appeal to Tribunal | Within 60 days from date on which order sought to be appealed against is communicated or within extended time [30 days in case of appeal against order u/s 158BC(c), in respect of search initiated u/s132 or requisition made u/s 132A, after 30-6-1995, but before 1-1-1997] |
253(3A) | Filing appeal by Principal Commissioner/Commissioner to Tribunal if he objects to any direction issued by Dispute Resolution Panel | Within 60 days of the date on which the order sought to be appealed against is passed by the Assessing Officer in pursuance of directions of the Dispute Resolution Panel |
253(4)/(5) | Filing memo of cross-objections to Tribunal | Within 30 days of receipt of notice of filing appeal or within extended time |
254(2) | Rectification of apparent mistake by Tribunal | Within 4 years from the date of impugned order |
254(2A) | Disposal of appeal by Appellate Tribunal filed under sub-section (1)/(2) of section 253 | 4 years from end of financial year in which appeal is filed (where it is possible). |
Where an order of stay is made in proceedings relating to appeal filed under section 253(1), Tribunal shall dispose of appeal within 180 days from date of such order or within extended time not exceeding 365 days including original period of 180 days, failing which stay order shall stand vacated; this will be so even if delay in disposing of the appeal is not attributable to assessee. | ||
260A | Filing appeal to High Court against order of Tribunal | Within 120 days of date of communication of order10 |
263(2) | Revising orders prejudicial to revenue by Principal Commissioner/Commissioner | Within 2 years from end of financial year in which order sought to be revised was passed |
263(3) | Revision by Principal Commissioner/Commissioner of orders passed pursuant to any finding or direction by Tribunal, National Tax Tribunal, High Court or Supreme Court | No time limit |
264(2) | Revision of orders by Principal Commissioner/Commissioner on his own motion (not prejudicial to assessee) | Within 1 year of order sought to be revised |
264(3) | Filing revision petition to Principal Commissioner/Commissioner (order not to be prejudicial to assessee) | Within 1 year from date of communication of order sought to be revised or date of his knowledge in respect thereof or within extended time |
264(6) | Passing order on revision application made by assessee on or after 1-10-1998 | Within 1 year from the end of the financial year in which application is made |
275 | Imposing penalties under Chapter XXI : | |
(a) in a case where appeal is filed to Commissioner (Appeals)/Tribunal
| Before the expiry of financial year in which proceedings which give rise to penalty proceedings are completed, or within 6 months from end of month in which the order of Commissioner (Appeals)/Tribunal is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner, whichever period expires later. | |
However, where order is in appeal before Commissioner (Appeals) who passes appellate order on or after 1-6-2003, order imposing penalty shall be passed before expiry of financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from the end of the financial year in which the order of the Commissioner (Appeals) is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner, whichever is later. | ||
(b) in a case where relevant assessment or other order is subject- matter of revision under section 263 (or section 264)
| Within 6 months from the end of month in which revision order is passed | |
(c) in any other case
| Before expiry of financial year in which proceedings (in course of which action for imposition of penalty has been initiated) are completed, or within 6 months from end of month in which penal action is initiated, whichever is later | |
275(1A) | Imposing/enhancing/reducing/cancelling penalty or dropping penalty proceedings on the basis of revised assessment after giving effect to appellate/court/revision order in a case where relevant order is subject matter of appeal to Commissioner (Appeals)/Tribunal/High Court/Supreme Court or revision and an order imposing or enhancing or reducing or cancelling penalty or dropping proceedings for imposition of penalty is passed before the order of the Commissioner (Appeals)/Tribunal/High Court/Supreme Court is received by the Principal Chief Commissioner/Chief Commissioner/Principal Commissioner/Commissioner or order of revision is passed | Within 6 months from end of the month in which order of Commissioner (Appeals)/Tribunal/ High Court/Supreme Court is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner or order of revision is passed |
281B | Provisional attachment of assets of assessee | Attachment shall cease to have effect after expiry of six months (extendable upto 2 yearsor 60 days after date of order of assessment or reassessment, whichever is later) from date of order |
285 | Preparation and delivery of statement in prescribed form containing prescribed particulars by non-resident having liaison office in India set up in accordance with guidelines issued by RBI under FEMA, 1999 | Within 60 days from end of the financial year |
285B | Furnishing of statement by film producers | Within 30 days from end of financial year or within 30 days from date of completion of film, whichever is earlier |
285BA11 | Filing of Annual Information Return | On or before 31st August immediately following financial year in which transaction is registered or recorded |
285BA(4)11 | Rectifying defect in return filed undersection 285BA as required by prescribed income-tax authority | Within 1 month (or such extended time as may be allowed on application) from date of intimation of defect |
285BA(5)11 | Furnishing of return under section 285BAin response to notice from prescribed income-tax authority by person who has failed to furnish return within time | Within period not exceeding 60 days from date of service of notice. |
Rule 18 of Appellate Tribunal Rules | Filing of paper book | At least a day before the date of hearing of the appeal along with the proof of service of a copy of the same on the other side at least a week before |
Schedule II Part I, Rule 3 | Execution of certificate drawn up | Not before 15 days after date of service of notice under rule 2 |
Schedule II Part I, Rule 14 | Filing of application by officer holding the sale relating to recovery from defaulting purchasers | Within 15 days from date of resale |
Schedule II Part II, Rule 25(5) | Attachment of growing crop which does not admit of being stored | Not less than 20 days before it is likely to be fit to be cut or gathered |
Schedule II Part II, Rule 40 | Sale of movable property (other than property, subject to speedy and natural decay and property in relation to which expense of keeping it in custody is likely to exceed its value) | Not before 15 days from date on which copy of sale proclamation was affixed in TRO’s office |
Schedule II Part III, Rule 55 | Sale of immovable property without written consent of defaulter | Not until expiry of 30 days from date on which proclamation of sale has been affixed on the property or in the office of the TRO, whichever is later |
Schedule II Part III, Rule 57 | Payment of full amount of purchase money on sale of immovable property | Within 15 days from date of sale |
Schedule II Part III, Rule 60 | Application to set aside sale of immovable property on deposit of specified sum | Within 30 days from date of sale |
Schedule II Part III, Rule 61 | Application to set aside sale of immovable property on ground of non-service of notice or irregularity | Within 30 days from date of sale |
Schedule II Part III, Rule 62 | Application for setting aside sale on ground that defaulter had no saleable interest | Within 30 days from date of sale |
Schedule II Part III, Rule 68B | Sale of immovable property | Within 4 years from end of financial year in which order giving rise to demand, etc., has become conclusive. (See also Division Three) |
In case of re-sale, period shall be extended by one year. | ||
Schedule IV Part A, Rule 13 | Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to recognise or withdrawing recognition from a provident fund | Within 60 days of such order |
Schedule IV Part B, Rule 8 | Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a superannuation fund | Within 60 days of such order |
Schedule IV Part C, Rule 8 | Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a gratuity fund | Within 60 days of such order |
1. Omitted with effect from assessment year 2015-16.
2. Fringe Benefit Tax is not leviable from assessment year 2010-11.
3. With effect from assessment year 2015-16 the following are also covered: (i) Mutual Fund referred to in section 10(23D), (j) securitisation trust referred to in section 10(23DA) and (k) venture capital company or venture capital fund referred to in section 10(23FB).
4. With effect from assessment year 2015-16 section 139(4E) has been inserted to provide that every business trust which is not required to furnish a return of income or loss under any other provision of section 139, shall furnish the return of its income within the time allowed u/s 139(1).
5. For the assessment year 2009-10 (or any subsequent year) a reference is made to Transfer Pricing Officer (TPO) at any time (may be before, on or after 1-7-2012), the assessment can be completed by the Assessing Officer within 36 months from the end of the assessment year.
6. If notice for reassessment under section 148 is served on or after 1-4-2010 and during the course of reassessment or proceedings for fresh assessment, a reference is made to TPO at any time (may be before, on or after 1-7-2012), the assessment can be completed by the Assessing Officer within 2 years from the end of the assessment year.
7. If order under section 254 is received by the Principal Commissioner/Commissioner on or after 1-4-2010 or where an order under section 263 or 264 is passed by the Principal Commissioner/Commissioner on or after 1-4-2010 and during the course of reassessment or proceedings for fresh assessment, a reference is made to TPO at any time (may be before, on or after 1-7-2012), the assessment can be completed by the Assessing Officer within 2 years from the end of the assessment year.
8. Where the last of the authorization for search under section 132/132A was executed on or after 1-4-2009 and during the course of assessment/reassessment proceedings (or proceeding referred to in section 153C), a reference is made to TPO at any time (may be before, on or after 1-7-2012), the assessment can be completed by the Assessing Officer within 3 years from the end of the assessment year or 24 months from the end of the financial year in which books of account or documents or assets seized or requisitioned are handed over under section 153C to the Assessing Officer having jurisdiction over such other person, whichever is later.
9. Provisions of Chapter XIV-B shall not apply where search is initiated, etc., after 31-5-2003.
10. High Court can admit an appeal after the expiry of the said period of one hundred and twenty days if it is satisfied that there was sufficient cause for not filing the appeal within the said period.
11. With effect from assessment year 2015-16 a new section 285BA has been substituted which provides for the furnishing of statement of financial transaction or reportable account within such time and in the form and manner, as may be prescribed.
The time prescribed for rectifying a defect in the return filed as required by the prescribed income-tax authority is 30 days from such intimation or such extended time as may be allowed.
Where a person who is required to furnish a statement under the new section has not furnished it, the prescribed income-tax authority may serve upon the person a notice requiring him to furnish the statement within 30 days from the date of service of the notice. Any inaccuracy in the statement so furnished has to be informed to the income-tax authority within 10 days and the correct information furnished in the prescribed manner.
No comments:
Post a Comment