GAAR – reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance

Circular No. 09/2019

F.No.370142/9/2018-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
TPL Division
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New Delhi, dated the 14th May, 2019

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.

Representations were received by the Board that the implementation of reporting under clause 30C (pertaining to General Anti-Avoidance Rules (GAAR) and clause 44 (pertaining to Goods and Services Tax (GST) compliance of the Form No. 3CD may be deferred further.

The matter has been examined and 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, 2020.

(Saurabh Gupta)
Under Secretary (TPL)-III

Copy to:

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

Income Tax Circular No. 09/2019 PDF Format – Download Here