In the past, the Central Board of Direct Taxes (CBDT) made an important announcement regarding the availability of Form ITR-A for the submission of revised returns by the successor entity, as stated in their official notification.
Alongside this, the CBDT also specified the utilization of Rule 12AD and Form ITR-A as the designated income return under Section 170A, which was obligatory for the successor entity to furnish following a business reorganization.
In this blog post, we will explore the significance of these updates and their implications for taxpayers involved in business reorganization scenarios.
Defining the offerings of Form ITR-A
Rule 12AD of the Income-tax Rules establishes a procedure for filing modified income returns as per the provisions of section 170A of the Income Tax Act.
When a business reorganization occurs, and a successor entity is involved, the modified return of income for the assessment year should be furnished in Form ITR-A.
The verification of this modified return must be done in the manner specified in the form. To comply with the rule, the modified return of income in Form ITR-A needs to be submitted electronically under a digital signature.
In the event that assessment or reassessment proceedings for an assessment year, relevant to a previous year covered by the business reorganization order, have already been completed or are pending on the date of furnishing the modified return under section 170A, the Assessing Officer will take action.
The officer may either pass an order adjusting the total income of the relevant assessment year based on the assessment or reassessment or proceed to complete the assessment or reassessment proceedings according to the order of the business reorganization and the modified return that has been furnished.
It's important to note that the existing ITR-6, applicable to Companies, has been updated to include specific information related to filing returns under section 170A of the Income Tax Act.
Section 170A of the Income Tax Act with regard to Form ITR-A: Facilitating Modified Income Returns in Business Reorganization
In situations where a business reorganization takes place and a High Court, tribunal, or an Adjudicating Authority (as defined in clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016) issues an order, Section 170A of the Income Tax Act comes into play.
This section empowers the successor entity to furnish a modified return of income under specific circumstances, ensuring compliance with the provisions of section 139 for any assessment year relevant to the previous year covered by the reorganization order.
Section 170A of the Income Tax Act provides the successor entity with the opportunity to submit a modified return of income within a specific timeframe. This window extends to six months from the end of the month in which the Court or Authority issues the order relating to the business reorganization.
The provision allows the successor entity to make necessary adjustments and accurately report its income in accordance with the implications and directions specified in the reorganization order. By adhering to this timeframe, businesses can ensure timely compliance with the tax regulations and facilitate a smooth process for the tax authorities to assess the modified return effectively.
This provision applies to cases where, prior to the issuance of the reorganization order, the successor had already filed a return of income under section 139 for the relevant assessment year.
The modified return must be provided in the prescribed Form and manner, adhering to the specifics mentioned in the issued order. It should be limited to the scope and directions outlined in the said order, ensuring accurate reporting and compliance.
To facilitate the implementation of this section, the Central Board of Direct Taxes (CBDT) issues the modified Income Tax Return (ITR) Form, denoted as ITR-A. The CBDT exercises its powers conferred by section 170A of the Income Tax Act to notify this specific form. The ITR-A serves as the designated form for the successor entity to furnish the modified return of income electronically, utilizing a digital signature for authentication.
By allowing for modified income returns in business reorganizations, Section 170A provides a structured approach to ensure that tax assessments align with the reorganization order, promoting transparency and accuracy in the taxation process.
What Necessitated the Creation of the Form ITR-A?
The creation of Form ITR-A can be attributed to the need for a structured approach to handle income tax returns in cases of business reorganizations. Before the introduction of Form ITR-A, there was a requirement under section 170A of the Income Tax Act for the successor entity to file any return of income under section 139, which pertains to the filing of income tax returns, for the assessment year relevant to the previous financial year. This filing was to be done before the date of the order issued by a High Court, tribunal, or an Adjudicating Authority, as per the provisions of the Insolvency and Bankruptcy Code, 2016.
However, this process lacked specificity and did not cater to the unique circumstances surrounding business reorganizations. It often resulted in confusion and ambiguity in determining the accurate income tax liability of the reorganized entity.
Recognizing this gap and the need for a more focused and standardized approach, the Central Board of Direct Taxes (CBDT) stepped in. The CBDT exercised its powers conferred by section 170A of the Income Tax Act to address this issue effectively. It brought Form ITR-A into existence as a modified Income Tax Return (ITR) Form specifically tailored for reorganized businesses.
By notifying Form ITR-A, the CBDT aimed to streamline the process of filing modified returns for business reorganizations. This specialized form is designed to align with the provisions and directions outlined in the reorganization order, ensuring that the income tax assessments accurately reflect the changes and implications arising from the restructured entity.
The introduction of Form ITR-A not only simplifies the filing process but also enhances transparency and compliance. It provides a comprehensive framework for the successor entity to report its income in accordance with the reorganization order, thus promoting efficiency and fairness in the taxation system.
Q) What is the Deadline for Filing Form ITR-A in the Context of Business Reorganization?
The deadline for filing Form ITR-A in the context of business reorganization is prescribed by section 170A of the Income Tax Act. According to this provision, the successor entity involved in the reorganization must furnish the modified return within six months from the end of the month in which the reorganization order was issued. This time limit ensures that the modified return is submitted in a timely manner, allowing for efficient processing and assessment in accordance with the reorganization order.
Q) What is the significance of Section 170A in the Income Tax Act concerning business reorganization?
Section 170A holds significance as it empowers the successor entity involved in a business reorganization to submit a modified return of income within a specified timeframe.
Q) Within what timeframe must the successor entity file the modified return under Section 170A?
The successor entity is required to file the modified return of income within six months from the end of the month in which the business reorganization order was issued.
Q) How does filing a modified return under Section 170A benefit businesses undergoing reorganization?
Filing a modified return allows businesses to accurately report their income in line with the reorganization order's implications, ensuring compliance with tax regulations and facilitating an efficient assessment process.