Law: Income Tax Act, 1961

Section: 44AB,139(1),271B

Income-tax-----Company---Return--Compulsory audit of accounts---Different dates fixed for companies for obtaining audit report or for submitting return vis-a-vis non-companies---Constitutional validity of provisions---Companies constitute a different class---Provisions not discriminatory and violative of Art. 14--¬Provisions valid---Indian Income Tax Act, 1961, Ss. 44-AB, 139(1) & 271-B---Constitution of India, Art. 14. On the question whether prescribing different dates for obtaining the audit report under section 44AB of the Income Tax Act, 1961, or prescribing different dates for filing the return under section 139(1), for companies vis-a-¬vis non-companies is discriminatory and violative of Article 14 of the Constitution of India. Held, that in the case of companies even the time-limit- for filing return, where provisions of section 44AB are not applicable, is December 31, which has now been changed to November 30. A company even after the audit has to get the accounts approved and, therefore, the general date for filing return is at a later date. Therefore, in the case of a company it has been considered by Parliament to fix a date subsequent to that which is available to the other assessee. Persons other than the companies are not required to follow the procedure prescribed under the Companies Act, 1956, where some delay may take place. Companies constitute a separate class by themselves and, therefore, if Parliament has prescribed different dates for obtaining report or filing return, it cannot be said that the other assessees are of the same group as a company is. Classification of a company and other assessee is a reasonable classification as companies constitute a, different class. There are other provisions under the Act, where different treatment is being given to companies. Since companies themselves constitute a different class, prescribing different dates for obtaining audit report under section 44AB or prescribing different dates for filing return under section 139(1) cannot be considered to be violative of Article 14 of the Constitution of India. Abhay Kumar & Co. v. Union of India (1987) 164 ITR 148 (Raj.); Mohan Trading Co. v. Union…

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