F. No. 275/01/2023-IT(B)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
Circular No. 04/2024
New Delhi. the 071h March, 2024
Sub: Ex-post facto extension of due date for filing Form No. 26QE which was
required to be filed during the period 01.07.2022 to 28.02.2023 (pertaining
to F.Y. 2022-23) - reg.
As per section 1945 of the Income-tax Act, 1961 (hereinafter referred to as "the
Act"), any person responsible for paying to any resident person any sum by way of
consideration for the transfer of a virtual digital asset is required to deduct an amount
equal to 1% of such sum as income tax thereon. Further, as per sub-rule (40) of rule
31A, a 'specified person' is required to report such deductions in a challan-cum-
statement electronically in Form No. 26QE within thirty days from the end of the month
in which such deduction is made.
2.
It has come to the notice of the Central Board of Direct Taxes ('the Board') that
specified persons who deducted tax under section 1945 of the Act during the period
from 01 .07.2022 to 31 .01 .2023, could not file Form No. 26QE and pay corresponding
TDS on or before the due date, due to unavailability of Form No. 26QE. This has
resulted in consequential levy of fee under section 234E and interest under clause (ii)
of sub-section (1A) of section 201 of the Act. Further, the specified persons who
deducted tax under section 1945 during the period from 01 .02.2023 to 28.02.2023
had insufficient time to file Form No. 26QE and pay corresponding TDS thereon.
3.
In order to address the grievances of such specified persons and in exercise
of the powers conferred under section 119(2)(a) of the Act, the Board has decided
to, ex-post facto, extend the due date of filing of Form No. 26QE for specified persons
who deducted tax under section 1945 but failed to file Form No. 26QE. The due date
is hereby extended to 30.05.2023 in those cases where the tax was deducted by
specified persons under section 1945 of the Act durin9 the period from 01 .07.2022 to
28.02.2023. Fee levied under section 234E and/or interest charged under section
201(1A)(ii) of the Act in such cases for the period upto 30.05.2023, shall be waived.
1
4.
It is clarified that the above extension is a one-time exception in view of the
circumstances referred to above.
5.
Hindi version shall follow.
Copy to:-
~ }-
(Sunil K1umar)
Under Secretary to Government of India
1. PS to FM/OSD to FM/PS to MoS (R)/OSD to MoS(R)
2. PPS to Secretary (Revenue)
3. The Chairman, CBDT & all Members, CBDT
4. All Pr.CCsIT, CCsIT/Pr.DGsIT/DGsIT.
5. All Joint Secretaries/CslT, CBDT.
6. Pro Commissioner of Income-tax (Media & TP) and official Spokesperson, CBDT,
New Delhi.
7. ADG (PR,P&P) for necessary action.
8. JCIT, Database Cell, with a request to upload the order on the website
www.irsofficersonline.gov.in.
9. Web Manager, 0/0 DGIT(Systems) with request to upload on the departmental
website of incometaxindia.gov.in.
10. The Institute of Chartered Accountants of India, IP Estate, New Delhi
11 . All Chambers of Commerce.
12. The Guard File.
~\~~
(Sunil Ku';;,'ah -1'-----.. '
Under Secretary to the Government of India
2
