Mandatory E-filling of Tax Audit Report for AY 2013-14

Mandatory E-FILLING  of Chartered Accountant’s Tax Audit report under section 44AB, 92E & 115JB of Income Tax Act, 1961

Income Tax department vide Notification No. 34/2013/F.No.142/5/2013-TPL dated 01/05/2013 has made e-filing of tax audit report under section 44AB, section 92E and Section 115JB by a Chartered Accountant mandatory.

Tax Audit Report under section 44AB

The following words have been inserted in said rule by Notification 34/2013: -

in sub-rule(2), the following proviso shall be inserted, namely:-

“Provided that where an assessee is required to furnish a report of audit under section 44AB, 92E or 115JB, he shall furnish the same Electronically on or before the due date for furnishing the return of income under subsection (1) of section 139.

Effective Date:- 01.04.2013 i.e. Assessment Year 2013-14

Requirement of Tax Audit under section 44AB

Section Particulars Forms Due Dates
Section 44AB (i) A person carrying on business whose turnover exceeds Rs. 1 Crore or claims that his profits are less than presumptive profits under section 44AD, 44BB. 44BBB or 44AE Form 3CA or 3CB along with Annexure in form 3CD 30.09.2013 or 30.11.2013 if 92E applies
(ii) A person engaged in profession whose gross receipts exceed Rs. 25 Lakhs.
Section 92E Person who has entered into an international transaction or specified domestic transaction Form 3CEB 30.11.2013
Section 115JB Companies who are required to pay minimum alternate tax Form 29B 30.09.2013 or 30.11.2013 if 92E applies

The Tax Audit Forms are required to be uploaded electronically on https://incometaxindiaefiling.gov.in/e-Filing/ by a chartered Accountant under the user category of Tax Professional.

Download Tax Audit Forms

Form No. Description

Utility

Form 3CA-3CD Audit Report u/s 44AB where accounts of business or profession have been audited in some other law

Download

Form 3CB-3CD Audit Report u/s 44AB where accounts of business or profession have not been audited in some other law

Download

Form 3CEB Audit Report u/s 92E for person who has entered into an international transaction or specified domestic transaction

Download

Form 29B Report u/s 115JB for computing book profits of company

Download

Points for considerations:-

  • Whether these reports are to be uploaded on the website on the income tax department under digital signatures or without digital signatures, is still to be clarified.
  • Format of files i.e. html files, xml files etc. for furnishing the audit reports electronically is yet to be prescribed.
4 Responses to “Mandatory E-filling of Tax Audit Report for AY 2013-14”
  1. rajat

    whether uploading the audit report is mandatory or merely just audit is to be done within due date?

    • thesanyamjain

      E-filing of Tax Audit Report is required to be uploaded

  2. BSKRAO

    Central Board of Direct Taxes, in the above notification made it mandatory to upload audit report U/s 44AB, 92E or 115JB of Income-Tax Act by only CA’s just by amending Income-Tax Rules.

    Non-CA Tax Professionals are already suffering a lot due to
    repressive policies of Ministry of Finance, Ministry of Corporate Affairs &
    CBDT which are all in favour of CA’s. Now, if the above notification is
    implemented strictly, it will have serious & negative impact on Non-CA Tax
    Professionals. In e-filing website of Income-Tax Deptt. only CA’s are treated
    as Tax Professionals to upload Certificates or Reports in Income-Tax Act. When
    both the role of issuing Certificate/Reports & uploading are assigned to
    CA’s, it will automatically put pressure on assesses to approach only CA’s in
    the matter of filing returns under Income-Tax Act. Hence, nobody will approach
    Non-CA Tax Professionals & authority granted to them U/s 288(2) is redundant. This position is comparable to decree of court which can not be executed.

    • BSKRAO

      Certificate from only Chartered Accountants U/s 44AB
      introduced in Income-Tax Act in 1984, Since then, CA certificates started
      entering Income-Tax Act. On date there are 46 plus CA certificates in
      Income-Tax Act, which is also inherited in draft Direct Taxes Code, 2010. These CA certificates barricade support for voluntary compliance from Non-CA Tax Professionals and new Non-CA Tax Professionals are not entering tax profession. CA certificates are causing strict hurdle for voluntary compliance not only in Income-Tax Act, but also inother Central and State Govt. tax laws (Ex:-In Finance Act, 2012 negative list introduced in Service Tax requiring the assistance of more tax professionals, but number of tax professionals are stand still on date). Tax audit data provided by CBDT has been published in CA
      Club Website on 16.11.2011. Herein, it is evident that only 59,472 Chartered Accountants arepracticing tax law throughout India.
      There is ceiling of 45 tax audit assignment to be undertaken by each CA,
      irrespective of Corporates or Non-Corporates. In latest e-filing website of
      Income-Tax Deptt. only CA’s are treated as Tax Professionals, now
      existing Non-CA Tax Professionals will also dropout from tax profession and Govt. has to relay on only 59,472 CA’s for seeking compliance U/s 139 of Income-Tax Act.

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