This discussion addresses a tax audit query for A.Y. 2021-22 where an accountant incorrectly reported partner interest and remuneration. The department raised a demand because these items were shown in the capital account and clause 16a of Form 3CD, but not in the Income Tax Return. Despite two rectification attempts, the department hasn't considered them. The conversation explores the possibility of revising tax audit reports under specific circumstances like amended accounts or laws, and mentions a rule allowing revisions for changes under sections 40 and 43B until the end of the assessment year.
24 August 2022
Accountant had shown Partners interest, remuneration in capital account and reported in 3CD form under clause 16a and not reported in Income Tax return under sl. no. 5(a) of part A OI. hence, Department has raised demand for that.
24 August 2022
As per guidance not of ICAI .... that the accounts can be amended to 44AB must not get amended in a regular way. But often a time the member might be needed to amend his tax audit report upon the basis like:
The amendment of the company accounts post its adoption in the AGM. The amendment of the law is like the retrospective amendment. Revision in interpretation, like. CBDT’s circular, judgments, and others... Any additional cause such as the system or software issues needed the amendment in the report which was uploaded formerly.
Here you can check applicability of last option....
24 August 2022
The Income Tax (Eighth Amendment) Rules, 2021 has inserted sub-rule (3) in rule 6G vide towards the issues faced by assesses because of the provisions of section 40 and section 43B of the Act through Notification No. 28/2021 dated 1.4.2021, w.e.f. 1.4.2021. But it provides the option for revision for any change u/s 40 or sec. 43B, only till the end of the assessment year.