North Block, ITA-II Division New Delhi,

Dated: 23^rd March, 2020

Order under Section 119 of the Income-tax Act 1961

On consideration of reports of disturbances in internet facility in certain areas of Jammu and Kashmir, the Central Board of Direct Taxes (CBDT), in exercise of powers conferred under section 119 of the Income-tax Act, 1961 ('Act') and in partial modification of CBDT's order under section 119 of the Act dated 23.07.2019, 27.09.2019, 31.10.2019 and 24.12.2019 hereby further extends the 'due-date' for filing of Income-tax Returns/Tax Audit Reports for the Assessment Year 2019-20 as specified in section 139(1) of the Act to 31^st March, 2020 in respect of all categories of income-tax assessees in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.

2. It is also clarified that ITRs/TARs filed by the income-tax assessees after 31.01.2020 till the date of issuance of this order shall be deemed to have been filed within the due date specified under section 139(1) of the Act read with CBDT's order section 119 of the Act as referred in para above.

 (Rajarajeswari R.)

Under Secretary to the Government of India

 

Ministry of Finance

Finance Minister announces several relief measures relating to Statutory and Regulatory compliance matters across Sectors in view of COVID-19 outbreak

Dated : 24 MAR 2020

The Union Finance & Corporate Affairs Minister Smt. Niramla Sitharaman today announced several important relief measures taken by the Government of India in view of COVID-19 outbreak, especially on statutory and regulatory compliance matters related to several sectors. While addressing the press conference through video conferencing here today, Smt. Sitharaman announced much-needed relief measures in areas of Income Tax, GST, Customs & Central Excise, Corporate Affairs, Insolvency & Bankruptcy Code (IBC) Fisheries, Banking Sector and Commerce.

The Minister of State for Finance & Corporate Affairs Shri Anurag Singh Thakur was also present besides Shri A.B. Pandey, Finance Secretary and Shri Atanu Chakraborty, Secretary, Department of Economic Affairs.

Following are the decisions with respect to statutory and regulatory compliance matters related to various sectors: —

Income Tax

1. Extend last date for income tax returns for (FY 18-19) from 31^st March, 2020  to  30^th June, 2020.
2. Aadhaar-PAN linking date to be extended from 31^st March, 2020 to 30^th June, 2020.
3. Vivad se Vishwas  scheme – no additional 10% amount, if payment made by June 30, 2020.
4.  Due dates for  issue  of notice, intimation, notification, approval order, sanction order, filing of appeal, furnishing of return, statements, applications, reports, any other documents and time limit for completion of proceedings by the authority and any compliance by the taxpayer including investment in saving instruments or investments for roll over benefit of capital gains   under Income Tax Act,  Wealth Tax Act, Prohibition of Benami Property Transaction Act, Black Money Act,  STT law, CTT Law, Equalization Levy law, Vivad Se Vishwas  law  where the time limit is expiring between 20^th March 2020  to 29^th June 2020 shall be extended to 30th June 2020.  
5. For delayed payments of advanced tax, self-assessment tax,  regular tax, TDS, TCS, equalization levy,  STT, CTT  made between 20th March 2020  and  30^th June 2020,  reduced interest rate  at 9%   instead of 12 %/18 % per annum ( i.e. 0.75% per month instead of 1/1.5 percent per month) will be charged  for this period.  No late fee/penalty shall be charged for delay relating to this period.
6. Necessary legal circulars and legislative amendments for giving effect to the aforesaid relief shall be issued in due course.

GST/Indirect Tax

1. Those having aggregate annual turnover less than Rs. 5 Crore Last date can file  GSTR-3B due in March, April and May 2020  by the last week of  June, 2020. No interest, late fee, and penalty to be charged.
2. Others can file returns due in March, April and May 2020 by last week of June 2020  but the same would attract reduced rate of interest @9 % per annum from  15 days after due date (current interest rate is  18 % per annum). No late fee and penalty to be charged, if complied before till 30^th June 2020.
3. Date for opting for composition scheme is extended till the last week of   June, 2020.  Further, the last date for making payments for the quarter ending 31^st March, 2020 and filing of  return for 2019-20 by the composition dealers  will be extended  till the last week of June, 2020. 
4. Date for filing GST annual returns of FY 18-19, which is due on 31^st March, 2020 is extended till the last week of  June 2020.
5. Due date for issue of notice, notification, approval order, sanction order, filing of appeal, furnishing of return, statements, applications, reports, any other documents, time limit for any compliance under the GST laws where the time limit is expiring between 20^th March 2020  to 29th June 2020 shall be extended to 30th June 2020. 
6. Necessary legal circulars and legislative amendments to give effect  to the aforesaid GST relief shall follow with the approval of GST Council.
7. Payment date under Sabka Vishwas Scheme shall be extended to 30^th June, 2020. No interest for this period shall be charged if paid by 30^th June, 2020.

Customs

1. 24X7 Custom clearance till end of 30^th June, 2020
2. Due date for issue of notice, notification, approval order, sanction order, filing of appeal, furnishing applications, reports, any other documents etc., time limit for any compliance under the Customs Act and other allied Laws where the time limit is expiring between 20^th March 2020  to 29th June 2020 shall be extended to 30th June 2020. 

Financial Services

1. Relaxations for 3 months
   • Debit cardholders to withdraw cash for free from any other banks’ ATM for 3 months
   • Waiver of minimum balance fee
   • Reduced bank charges for digital trade transactions for all trade finance consumers

Corporate Affairs

1. No additional fees shall be charged for late filing during a moratorium period from 01st April to 30th September 2020, in respect of any document, return, statement etc., required to be filed in the MCA-21 Registry, irrespective of its due date, which will not only reduce the compliance burden, including financial burden of companies/ LLPs at large, but also enable long-standing non-compliant companies/ LLPs to make a ‘fresh start’;
2. The mandatory requirement of holding meetings of the Board of the companies within prescribed interval provided in the Companies Act (120 days), 2013, shall be extended by a period of 60 days till next two quarters i.e., till 30th September;
3. Applicability of Companies (Auditor’s Report) Order, 2020 shall be made applicable from the financial year 2020-2021 instead of from 2019-2020 notified earlier. This will significantly ease the burden on companies & their auditors for the year 2019-20.
4. As per Schedule 4 to the Companies Act, 2013, Independent Directors are required to hold at least one meeting without the attendance of Non-independent directors and members of management. For the year 2019-20, if the IDs of a company have not been able to hold even one meeting, the same shall not be viewed as a violation.
5. Requirement to create a Deposit reserve of 20% of deposits maturing during the financial year 2020-21 before 30th April 2020 shall be allowed to be complied with till 30th June 2020.
6. Requirement to invest 15% of debentures maturing during a particular year in specified instruments before 30th April 2020, may be done so before 30th June 2020.
7. Newly incorporated companies are required to file a declaration for Commencement of Business within 6 months of incorporation. An additional time of 6 more months shall be allowed.
8. Non-compliance of minimum residency in India for a period of at least 182 days by at least one director of every company, under Section 149 of the Companies Act, shall not be treated as a violation.
9. Due to the emerging financial distress faced by most companies on account of the large-scale economic distress caused by COVID 19, it has been decided to raise the threshold of default under section 4 of the IBC 2016 to Rs 1 crore (from the existing threshold of Rs 1 lakh). This will by and large prevent triggering of insolvency proceedings against MSMEs. If the current situation continues beyond 30th of April 2020, we may consider suspending section 7, 9 and 10 of the IBC 2016 for a period of 6 months so as to stop companies at large from being forced into insolvency proceedings in such force majeure causes of default.
10. Detailed notifications/circulars in this regard shall be issued by the Ministry of Corporate Affairs separately.

Department of Fisheries

1. All Sanitary Permits (SIPs) for import of SPF Shrimp Broodstock and other Agriculture inputs expiring between 01.03.2020 to     15.04.2020 extended by 3 months
2. Delay upto 1 month in arrival of consignments to be condoned.
3. Rebooking of quarantine cubicles for cancelled consignments in Aquatic Quarantine Facility (AQF) Chennai without additional booking charges
4. The verification of documents and grant of NOC for Quarantine would be relaxed from 7 days to 3 days

Department of Commerce

Extension of timelines for various compliance and procedures will be given. Detailed notifications will be issued by Ministry of Commerce.

Release ID: 1607942

 

IT Dept. - On account of the complete lockdown imposed by Government of Karnataka on movement of people, the e-Filing Call Center is temporarily impacted. All taxpayers are requested to use the e-Nivaran functionality to request for assistance which shall be provided expeditiously.

 

Ministry of Commerce & Industry

Invest India Business Immunity Platform launched to helping businesses withstand COVID-19

Dated: 24 MAR 2020

Invest India, India’s national Investment Promotion & Facilitation Agency, under the Ministry of Commerce and Industry has launched The Invest India Business Immunity Platform. The platform, hosted on the Invest India website, is designed as a comprehensive resource to help businesses and investors get real-time updates on India’s active response to COVID-19 (Coronavirus). This dynamic and constantly updating platform keeps a regular track on developments with respect to the virus, provides latest information on various central and state government initiatives, gives access to special provisions, and answers and resolves queries through emails and on WhatsApp. The Business Immunity Platform (BIP) is the active platform for business issue redressal, operating 24/7, with a team of dedicated sector experts and responding to queries at the earliest. Invest India has also announced a partnership with SIDBI (Small Industries Development Bank of India) for responding and resolving queries for MSMEs.

While COVID-19  continues to disrupt normal life, the impact of this crisis on businesses across the country is being continuously assessed. The government, for its part, has issued timely guidelines for businesses. Business owners have been trying to grasp what these guidelines mean for their businesses. Realizing the uncertainty that the Corona crisis has caused among businesses, the platform was launched on 21^st March,2020.

The platform also includes frequently asked questions on important aspects like locations of COVID-19 testing, special permissions and other location-specific information. The portal also maps and highlights the response mechanism put in place by leading Indian companies such as sanitation of staff vehicles, placing orders in alternate markets, disabling biometric attendance systems, setting up of medical task force, requesting trainees to go home, business continuity plan, barring entry of visitors, suspension of air travel, usage of video-conferencing and tele-conferencing, developing online solutions and other unique initiatives.

This Business Immunity Platform shall help people get access to all the information they require while staying in their comfort of their homes. With this platform, Invest India aims to bring facilitation at your doorstep!

Mr. Deepak Bagla, MD & CEO, Invest India has said “This is a platform for all of us to get together in the face of this unprecedented challenge of COVID-19. The team is working towards finding clarifications and solutions in a rapidly evolving scenario, especially from the perspective of business continuity for the business community. This platform also provides the ability to join the dots to find matching suppliers with required supplies and for innovators, startups and MSMEs to show case their solutions. During the past 48 hours we’ve had over 30,000 visitors across 40 countries and 50,000 plus hits on our website. The platform is seeing an average time spent of nearly 5 minutes. Since yesterday the team has been working actively on over 200 business requests for business continuity and immunity. It is also a platform to hear from the experts on business strategies to be adopted during such times.”

(Release ID: 1607905)

 

Ministry of Finance

Income Tax Department designates Income tax Authority before whom particulars of parent entity and alternate reporting entity to file Country-by-Country Report would be notified

Dated: 19 MAR 2020

In order to ensure that a multinational enterprise would report its profit correctly where it is earned, the Organisation for Economic Cooperation and Development (OECD) had developed an Action Plan called “Base Erosion and Profit Shifting (BEPS) Action Plan 13”.  Under BEPS Action Plan 13, all large multinational enterprises (MNEs) are required to prepare a country-by-country (CbC) report with aggregate data on the global allocation of income, profit, taxes paid and economic activity among tax jurisdictions in which they operate. In essence, CbC Report is an annual return that breaks down key elements of the financial statements by jurisdiction. A CbC report provides local tax authorities visibility to revenue, income, tax paid and accrued, employment, capital, retained earnings, tangible assets and activities of the concerned MNE.

This CbC report is used as a corroborating material by Income tax Authorities in carrying out revenue risk assessment.

As per corresponding provisions of Indian Income tax Laws, every MNE group which has a constituent entity resident in India is mandated to notify the Income-tax Department its parent entity and alternate reporting entity and the countries where such entities are resident. Such parent entity or alternate reporting entity is required to furnish a report called “Country-by-Country Report” specifying certain information including:

(a) the aggregate information in respect of the amount of revenue, profit or loss before income-tax, amount of income-tax paid, amount of income-tax accrued, stated capital, accumulated earnings, number of employees and tangible assets not being cash or cash equivalents, with regard to each country or territory in which the group operates;

(b) the details of each constituent entity of the group including the country or territory in which such constituent entity is incorporated or organised or established and the country or territory where it is resident;

(c) the nature and details of the main business activity or activities of each constituent entity.

            For the above stated purpose, the Central Board of Direct Taxes(CBDT) had notified Rules 10DA, 10DB and Form Nos. 3CEAA to 3CEAE in Income-tax Rules, 1962.       

            The Income Tax (2^nd Amendment) Rules, 2020 has amended rules 10DA and 10DB and notification no. 03/2020 dated 06.01.2020 has already been issued in this regard.  As per the amended sub-rule(1) of rule 10DB, the income tax authority for the purpose of section 286 shall be the Joint Commissioner as may be designated by the Director General of Income tax (Risk Assessment).

            In view of the above amendment and in exercise of the powers conferred by section 286 of the Act, the Director General of Income tax (Risk Assessment) has designated the Joint Director of Income tax (Risk Assessment)-1 having office at 4^th Floor, C-Block, Dr. S.P. Mukherjee Civic Centre, Minto Road, New Delhi-110002 as the Income tax Authority for the purpose of section 286 of the Act, with effect from the first day of April, 2020.

            The notification no. 03/2020 is available on www.incometaxindia.gov.in.

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RM/KMN
(Release ID: 1607188)