CBDT defers GST, GAAR reporting in Tax Audit Report till 31st March, 2021

Last updated: 28 April 2020

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The Central Board of Direct Taxes (CBDT) has extended the deferral for reporting under clause 30C (GST) and clause 44 (GAAR) of the Tax Audit Report. This means businesses will not need to provide this specific information in their tax audit reports until 31st March 2021. The decision was made in response to difficulties faced by businesses in implementing these reporting requirements due to the ongoing COVID-19 pandemic.

Circular No.10/2020

F. No. 370142/9/2018-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
TPL Division

New Delhi, dated 24th April, 2020

Order under Section 119 of the Income-tax Act, 1961.

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.

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 yiew of the Global Pandemic due to COVID-I9 virus and requested for deferring the applicability of the above provisions.

The matter has been examined and in view of the prevailing situation due to COVID-19 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.

(Ankit Jain)
Dy. Commissioner of Income Tax (OSD)
TPL Division

Copy to:

I. PS to FM/OSD to FM/PS to MoS(F)/OSD to MoS(F)
2. PS to Secretary (Finance)
3. The Chairman and all Members, CBDT
4. All Pr. DGsIT/Pr. CCsIT
5. All Joint Secretaries/CsIT, CBDT
6. Directors/Deputy Secretaries/Under Secretaries of CBDT
7. DIT (RSP&PR)/Systems, New Delhi
8. The C&AG of India (30 copies)
9. The JS & Legal Adviser, Ministry of Law & Justice, New Delhi
10. The Institute of Chartered Accountants of India
I I. CIT (M&TP), Official Spokesperson of CBDT
12. 0/o Pr. DGIT (Systems) uploading on official website
13. JCIT (Database Cell) upbading on departmental website

(Ankit Jain)
Dy. Commissioner of Income Tax (OSD)
TPL Division

FAQ :

The CBDT has deferred the reporting requirements under clause 30C (related to GST) and clause 44 (related to GAAR) of the Tax Audit Report.

The reporting has been deferred until 31st March 2021.

The deferral is due to the difficulties faced by businesses in implementing these reporting requirements, exacerbated by the global COVID-19 pandemic.

This deferral affects Form No. 3CD, which is part of the Tax Audit Report.

This is an order under Section 119 of the Income-tax Act, 1961.

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