INCOME TAX

Clarification regarding furnishing of returns under direct tax laws--Closed holiday--Regarding

Circular No. 639

Dated 13/11/1992

Representations have been received by the Board seeking clarifications as to whether the assessee could file a return of income/loss under the Income-tax Act, 1961, on the next working day following a holiday and claim it to have been filed within the statutory time limit.

2. The matter has been examined in consultation with the Ministry of Law and the Board are advised that, in such cases, section 10 of the General Clauses Act, 1897, will be applicable. According to this section, where any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open.

3. In view of the above, it is hereby clarified that where the last day for filing return of income/loss is a day on which the office is closed, the assessee can file the return on the next day afterwards on which the office is open and, in such cases, the return will be considered to have been filed within the specified time limit.

4. This clarification also applies to the returns under other direct tax enactments.

Yours faithfully,              

(Sd.) Ajay Kumar,

Under Secretary,

Central Board of Direct Taxes.