June 25, 2022

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Synopsis of the Representation by ‘Bhayandar CA Amusing Group’ fabricated for addendum of due dates – To the Finance Ministry on 24-12-2021

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We accept not asked any addendum of the due dates. We accept asked for our axiological appropriate to be professionally affianced in the profession of the Accountant Accountancy by accepting seamless admission to the portal. If the new Web aperture had functioned calmly anytime back it was alien w.e.f. 7th June 21 again by this time we would accept conceivably completed the absolute uploading. The charge for the addendum has been occasioned due to the adulterated software by Infosys and delayed hosting of abounding forms and utilities.

The point which we accept emphasized is that the project,  which was launched with the blue-blooded article of reducing  the processing time from 63 canicule to one day and accouterment affluence of assignment to the tax payers,  has now become  a active antic with the aperture actuality aloof added generally than not.

We are clumsy to accept why the administration is still constant with the annual provider, Infosys, back its affliction and blah approach  has been accepted aloft reasonable doubt. Why is the administration not administration the amends article of the annual acceding and atone itself for the accident of millions of manhours? It is afflictive to see that the administration is aggravating to abstract this compensation, not from the annual provider but from the tax payers by levying penalty, fees, absorption etc. for no accountability of theirs.  Had it been a activity of some adopted country say USA then, by this time the annual provider would accept been penalized so heavily that the defalcation affairs would accept become inevitable. The disproportionate favour to the annual provider at the amount of the tax payers is aloft the apperception of a reasonable person. It raises doubts about the attendance of some Extra-Contractual gratification.

Given the official statistics of the department, we accept aloof analyzed the bearings alone mathematically and begin that at the accepted amount of filing of the returns, alike if we booty the allusive abstracts of the allotment filed for AY 2020-21 of 595.00 Lakhs tax payees, again there charcoal a curtailment of 174.70 lakhs allotment which would accept to be filed upto 31-12-21. It agency a circadian filing of 21.84 lakhs returns. However, accustomed the boilerplate amount of circadian filing of 8.46 lakhs tax payers, the cardinal of allotment appropriate to be filed in 8 days( From 24th  Dec to 31st Dec.21) would be 21.84 lakhs per day. It agency it will crave a minimum of 21 canicule to complete the backlog. This amount would be apperception extraordinary if we analyze it with the cardinal of registered users of 980.67 lakhs the, it would crave minimum 67 canicule to complete the excess and that too, if all the glitches are removed.

The Ministry charge booty a astute appearance of the aloft austere bearings and charge acknowledge an addendum of time of minimum 2 months afterwards any delay. This addendum is the albatross of the administration and we accept asked for it as a amount of our axiological right.

Full argument of Representation by ‘Bhayandar CA Amusing Group’ is as follows:-

BHAYANDAR CA SOCIAL GROUP

Dated: 25th December, 2021

To

Hon’ble Union Minister of Finance,Ministry of Finance,Government of India,North Block,New Delhi-110001email: [email protected]

Sub: 

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2) No Addendum appropriate by the Tax Payers

Respected Madam,

At the absolute alpha , we ambition to accomplish it bright that by this representation we are not allurement for any addendum of the due dates due to any accountability at the end of  the tax professionals and at the tax payees. This representation has been occasioned due to the accountability lying at the end of the Administration and the Annual Provider, Infosys.

1) We are a non-profit accumulation of Accountant Accountants consisting of about 500 members, in convenance and in annual both. We are affianced in accouterment amount added solutions inter se and additionally to the tax payers in general. We are active in adaptation the circuitous tax requirements and educating the tax payers of the assorted change brought by the Administration from time to time by an barter of advice on a time-sensitive abject by administering assorted seminars, online & offline, and persuading the tax payers ensure appropriate acquiescence of the requirements of the department.

2) Up to A.Y. 20-21, the website facilitating online filing of the returns, analysis letters and added assets tax forms was activity calmly and about 6 crores allotment were filed afterwards abundant abstruse difficulty. This is in accession to added abstracts which were uploaded beneath the faceless arrangement of assessment.

3) Notwithstanding the above, the assorted due dates for the AY 20-21 beneath the Act were continued from time to time mainly because of accident of alive hours due to lockdown, locational restrictions and bloom affair of the professionals.

4) The Website of the administration was in operation upto 30-06-21 and thereafter a breach of 6 canicule was accustomed to facilitate alteration to new software developed by the Infosys which was, in 2019, awarded a arrangement to advance the next-generation assets tax filing arrangement to abate processing time for allotment from 63 canicule to one day and accelerate refunds. The aperture was declared to go alive from 7th June 2021.

5) However, this new software had a aflutter alpha back the day of its launch, with taxpayers and professionals advertisement glitches and difficulties in its activity and a added 7 canicule was accustomed to Infosys to boldness all the issues.

6) This amount eventually landed in the Delhi Cloister in the case of Krishan Agarwal Vs. PCIT (Delhi High Court) Dated.- August 27, 2021 which empiric that the new income-tax software and programs, afore actuality opened to public, should accept been well-tested on a abundantly ample sample set of assessees. The Delhi High Cloister added said,  that technology is advised to affluence and facilitate affairs and cannot be acclimated to annoy an assessee by allurement him to again book accidental and extraneous forms. “This cloister is additionally of the appearance that the software should be activated by allowable admonition and it cannot be that the computer lays bottomward an calendar adverse to law according to which the cloister and assessees accept to function.

7) The Delhi High Cloister ascertainment is cogent as it comes at a time back millions of assesses are grappling with the glitches in the new I-T programs. The Finance Minister had summoned the developer, Infosys’ CEO and bidding “deep disappointment” over constant glitches and had accustomed time till September 15 to boldness all the issues. However, this date additionally anesthetized by afterwards any apparent improvement.

8) The I-T aperture is not a amusing media aperture area one can acquiesce to accept a hit or a miss. “It is
a approved matter”. Now, about six months accept accomplished and the new aperture is not activity smoothly. Both the aborigine and tax admiral are in difficulties.

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9) The DGIT (Systems) assured the Delhi High cloister that the advisers would booty accomplish to advance on both the fronts, namely, adequation and acknowledgment and that wherever necessary, improvements in the action shall be agitated out. The  DGIT (Systems) displayed aplomb that it would be able to boldness the glitches in the arrangement aural a fortnight. However, annihilation adorable happened so far and the assessees are addled beneath the burden unleashed by the circadian reminders to taxpayers through e-mails, SMS and media campaigns admonishing taxpayers to book their assets tax allotment by the due date 31-12-21. afterwards added delay.

10) On its part, the aggregation said that “The aggregation is focused on rapidly absolute these challenges while alive carefully with the accountant accountant association to ensure that a absolute set of user scenarios are accurate and thoroughly activated afore deployment. However, advance is apparent by its absence and the tax payers abide to suffer.

11) Now that the Tax division is in abounding swing, we are accepting arresting canicule afterwards canicule and acquisitive adjoin hopes that the new I-T aperture would alpha activity as desired.

12) As per the advice accessible in the accessible domain, Infosys was awarded the arrangement in 2019 to advance the new I-T portal, replacing the old one, in a bid to abate the processing time from 63 canicule to one day for a absolute outlay of Rs 4400 crore. The abstraction was to accept a taxpayer-friendly aperture that was simple in architecture and use, and accelerate refunds.

13) What transpires from the aloft is that a activity of such a massive calibration was conceivably not able-bodied authentic and launched it in a blitz alike back the aperture wasn’t complete at the time of barrage and added that there was a abridgement of testing. The aperture was launched anon afore testing. The user accepting analysis was not done by the I-T department.

14) Afterward glitches in the portal, the Assets Tax Administration had to acquiesce chiral filing of remittance forms and continued the due dates for cyberbanking filing of forms accompanying to allusion by alimony funds and absolute abundance funds.

15) Therefore, the activity which was launched with the blue-blooded article of abbreviation the processing time from 63 canicule to one day has become and accouterment affluence of assignment to the tax payers has now become  a active antic with the aperture actuality aloof added generally than not.

16) We are clumsy to accept why the administration is still constant with the annual provider, Infosys, back its affliction and blah admission has been accepted aloft reasonable doubt. Why is the administration not administration the amends article of the annual acceding and atone itself for the accident of millions of manhours? It is afflictive to see that the administration is aggravating to abstract this compensation, not from the annual provider but from the tax payers by levying penalty, fees, absorption etc. for no accountability of theirs.  Had it been a activity of some adopted country say USA then, by this time the annual provider would accept been penalized so heavily that the defalcation affairs would accept become inevitable. The disproportionate favour to the annual provider at the amount of the tax payers is aloft the apperception of a reasonable person. It raises doubts about the attendance of some Extra-Contractual gratification.

17) Lastly, we abide the statistics of the allotment filed so far compared with the allotment filed aftermost year and additionally in the ablaze of the absolute cardinal of registered users on the portal. These statistics accept all been taken from the official tweeter handle and as appear from time to time.

18) The administration claims to accept a registered user abject of about 980.67 lakhs and as per the statistics alone 409.33 Lakhs accept filed their allotment as upto 22nd December 2021. This is bright from the afterward snapshot-

Even if we booty the allusive abstracts of the allotment filed for AY 2020-21 of 595.00 Lakhs tax payees, again there charcoal a curtailment of 174.70 lakhs allotment which would accept to be filed upto 31-12-21. It agency a circadian filing of 21.84 lakhs returns. However, accustomed the boilerplate amount of circadian filing of 8.46 lakhs tax payers, the cardinal of allotment appropriate to be filed in 8 days( From 24th  Dec to 31st Dec.21) would be 21.84 lakhs per day. It agency it will appropriate a minimum of 21 canicule to complete the backlog. This amount would be apperception extraordinary if we analyze it with the cardinal of registered users of 980.67 lakhs the, it would crave minimum 67 canicule to complete the excess and that too, if all the glitches are removed.

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The Ministry charge booty a astute appearance of the aloft austere bearings and charge acknowledge an addendum of time of minimum 2 months afterwards any delay.

19) However, we ambition to accomplish it absolute bright that this addendum has been occasioned alone due to the abortion of the arrangement of the administration and that the tax payers accept actually no duke in this mess. The addendum appropriate from the end of the tax payers due to non-availability of agents due to CA exams has not at all been advised in it. If we booty into annual the adjournment due to Changes in Analysis Forms, Due dates of Scrutiny appraisal catastrophe on 31-12-21, delayed publishing of the AIS data, over lapping dates etc. again alike added canicule of addendum would be required.

20) Finally, We are not allurement for any addendum of due dates for affidavit attributable to the tax professionals and the tax payers. If the new web aperture of the administration were to action afterwards block then, by now we would accept auspiciously uploaded the allotment and the forms by the accustomed due date. What we are allurement for is our axiological appropriate to accept an bland admission to the aperture afterwards any hindrances, alive absolutely 24 X 7.

21) Table of the absolute statistics accessible at the official tweeter handle of the department. 

As at 23rd December 2021

Top Representation Appear on Taxguru requesting for Addendum of Due Dates of ITRs, Tax Analysis Report, Transfer Pricing Audit, GSTR-9, GSTR-9C and Annual ROC Forms accompanying to Companies and LLP –

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