Notification No. 38/2021 [F. No. 370142/35/2020-TPL] / SO 1703(E)

Last updated: 29 April 2021

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This notification from the Ministry of Finance extends the deadline for certain Income Tax actions. Specifically, the time limit for completing assessments and reassessments under the Income-tax Act, 1961, which was set to expire on April 30, 2021, has been further extended to June 30, 2021. This also applies to actions like issuing notices under section 148 and passing orders under section 144C.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 27th April, 2021

S.O. 1703(E).— In exercise of the powers conferred by sub-section (1) of section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) (hereinafter referred to as the said Act), and in partial modification of the notifications of the Government of India in the Ministry of Finance,(Department of Revenue) No. 93/2020 dated the 31st December, 2020, No. 10/2021 dated the 27th February, 2021 and No. 20/2021 dated the 31st March, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (ii), vide number S.O. 4805(E), dated the 31st December, 2020, vide number S.O. 966(E) dated the 27th
February, 2021 and vide number S.O. 1432(E) dated the 31st March, 2021, respectively (hereinafter referred to as the said notifications), the Central Government hereby specifies for the purpose of sub-section (1) of section 3 of the said Act that, —

(A) where the specified Act is the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act) and, —

(a) the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act,relates to passing of any order for assessment or reassessment under the Income-tax Act, and the timelimit for completion of such action under section 153 or section 153B thereof, expires on the 30 th day of April, 2021 due to its extension by the said notifications, such time limit shall further stand extended to the 30th day of June, 2021;

(b) the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act,relates to passing of an order under sub-section (13) of section 144C of the Income-tax Act or issuanceof notice under section 148 as per time-limit specified in section 149 or sanction under section 151 ofthe Income-tax Act, and the time limit for completion of such action expires on the 30 th day of April, 2021 due to its extension by the said notifications, such time limit shall further stand extended to the 30th day of June, 2021.

Explanation.— For the removal of doubts, it is hereby clarified that for the purposes of issuance of notice undersection 148 as per time-limit specified in section 149 or sanction under section 151 of the Income-tax Act, under this sub-clause, the provisions of section 148, section 149 and section 151 of the Income-tax Act, as the case may be, as they stood as on the 31st day of March 2021, before the commencement of the Finance Act, 2021, shall apply.

(B) where the specified Act is the Chapter VIII of the Finance Act, 2016 (28 of 2016) (hereinafter referred to as the Finance Act) and the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to sending an intimation under sub-section (1) of section 168 of the Finance Act, and the time limit for completion of such action expires on the 30th day of April, 2021 due to its extension by the said notifications, such time limit shall further stand extended to the 30 th day of June, 2021.

[Notification No. 38 /2021/ F. No. 370142/35/2020-TPL]
RAJESH KUMAR BHOOT, Jt. Secy. Tax Policy & Legislation Division

Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide S.O. No. 4805 dated 31st December, 2020.

FAQ :

The notification extends the deadline for specific Income Tax actions that were previously extended by earlier notifications.

The deadlines for passing orders for assessment or reassessment, passing orders under sub-section (13) of section 144C, and issuing notices under section 148 have been extended.

The new deadline for these actions is June 30, 2021.

The previous deadline, extended by earlier notifications, was April 30, 2021.

No, this extension specifically applies to certain actions related to assessment, reassessment, and notice issuance under the Income-tax Act, 1961, and Chapter VIII of the Finance Act, 2016.

For issuing notices under section 148 as per the time limit in section 149 or sanction under section 151, the provisions of sections 148, 149, and 151 of the Income-tax Act, as they stood on March 31, 2021, before the commencement of the Finance Act, 2021, shall apply.