ITR-A FORM FOR MODIFIED TAX RETURN FILING
What is ITR A Form?
The Central Board of Direct Taxes (CBDT) has reported Form ITR-A for furnishings of the revised return by the successor entity via issuing Notification.
Through the same notification, CBDT specified the rule 12AD and Form ITR-A as the income return under Section 170A to get furnished via the successor entity pursuant to a business reorganization.
These rules might be called the Income-tax (31st Amendment) Rules, 2022, and will come into force with effect from Nov 1, 2022.
Applicability of Form ITR A:
This modified return shall be furnished by a successor entity to a business reorganization, as referred to in section 170A, for an assessment year, shall be in the Form ITR-A and verified in the manner specified therein.
(i) “business reorganization” means the reorganization of business involving the amalgamation or demerger or merger of business of one or more persons; Example- Demerger of the plantation business of Tata Coffee Limited (TCL) into TCPL Beverages & Foods Limited (TBFL)
(ii) “successor” means all resulting companies in a business re-organisation, whether or not the company was in existence prior to such business re-organisation. Successor- TCPL Beverages & Foods Limited (TBFL) Predecessor-Tata Coffee Limited (TCL)
Insertion of New Rule 12AD in the Income Tax Rules, 1962
(1) The modified return of income to be furnished by a successor entity to a business re-organisation, as referred to in section 170A, for an assessment year, shall be in the Form ITR-A and verified in the manner specified therein.
(2) The return of income referred to in sub-rule (1) shall be furnished electronically under digital signature.
(3) If the assessment or reassessment proceedings for an assessment year relevant to a previous year to which the order of the business reorganisation applies have been completed or are pending on the date of furnishing of the modified return in accordance with the provisions of section 170A, the Assessing Officer shall, pass an order modifying the total income of the relevant assessment year determined in such assessment or reassessment, or proceed to complete the assessment or reassessment proceedings, as the case may be, in accordance with the order of the business reorganisation and the modified return so furnished.
(4) The Principal Director-General of Income-tax (Systems) or Director-General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture and transmission of data and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to furnishing the return in the manner specified in sub-rule (2).’
Applicability- They shall come into force from the 1st day of November, 2022.