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NICAF files writ in Delhi HC against non extension of Tax Audit / ITR due date

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Northern India CA Federation Vs Central Board of Direct Taxes (Delhi High Court)

Northern India CA Federation has filed a writ petition in Delhi High Court against non-extension of Tax Audit Report and the relevant Income Tax Return filing due date for Financial Year 2017-18 (i.e. A.Y. 2018-19).

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
WRIT PETITION (C) No. 327368 OF 2018

IN THE MATTER OF:

Northern India CA Federation …Petitioner

Vs.

Central Board of Direct Taxes …Respondent

DATE WISE SYNOPSIS

Background:  Petitioner is a Non Government Organization (NGO) registered under the provisions of Societies Registration Act, 1860 established to promote and protect the interest of Chartered Accountants (CA) amongst the CA fraternity of Northern India. It aims at promoting the interest of CAs, interalia, by way of   conducting educational training programs; providing regular updates in the matters of accounting, auditing, taxation etc.  Members of petitioner / assessee are professional Chartered Accountants.
01/10/2015 Hon’ble Revenue secretary acknowledging the concerns of Chartered Accountants of inordinate delay on part of revenue in issuance of forms; utilities etc required for preparation & filing of e-Returns of Income including Tax audit reports issued a statement by way of twitter that all the forms; etc required for preparation of return of incomes including finalizing of tax audits will be notified well in advance from forthcoming years.
31/03/17 Finance Bill 2017 applicable for Financial Year 2017-18 (Assessment Year (AY) 2018-19) passed by the Parliament.
01/04/18 As mandated by Hon’ble Division benches of various High Courts (detailed infra) and as also accepted by the revenue, all the final Forms, utilities, notifications etc required for preparation & filing of Returns of Income for AY 2018-19 were to be notified & finalized latest by this date being the first date of AY 2018-19. However, nothing could be done till this date by the Respondent.
14/04/18-21/05/18 Only the first base version utility uploaded in the web site of Income department required for e-filing the Return of Incomes.
Various dates from 20/04/18-19/09/18 Innumerable changes made by the Income tax department in the base utility version required for e-filing tax returns.  A total of 306 changes (app.) made during this time as summarized in Annexure P9.
Various dates i.e. 20/07/18; 01/08/18; 20/08/18; 01/09/18 & 07/09/18. That thereafter on these various dates also innumerable changes made in the Tax audit reporting requirements i.e. Form No. 3CA & 3CD.  Total of such changes made being 100 (app.) in No. as  summarized in Annexure P7 being an admitted position by the Income tax department itself vide its Form 3CD-Schema Change Document dated 07/09/18 (Annexure P8).
20/07/18 Yet another notification prescribed by CBDT in connection with tax audits required for filing return by 30/09/18.
26/07/18 Order u/s 119 of Income tax Act, 1961 (‘the Act’) issued by CBDT extending the timeline of filing Return of Income in case of certain category of taxpayers (being essentially individuals drawing income from salary or individuals not subject to tax audit) from 31/07/18 to 31/08/18.
22/08/18 Implementation guide issued by the Institute of Chartered Accountants of India regarding guidance on implementation of amendments in tax audits prescribed by CBDT from time to time.
31/08/18 Detailed representation submitted by the apex body of Chartered Accountants viz. the Institute of Chartered accountants of India (ICAI) before the CBDT for extension of time line for submission of Tax audit reports along with related returns from 30/09/18 to 31/10/18.  Manifest grievances and concerns faced by the professionals & tax payers were highlighted, interalia, being the following:

a) Revision of Form 3CD (tax audit reports) mid way is effectively a retrospective amendment as against the declared resolve of the government;

b) Introduction of many new clauses in Revised Form 3CD applicable w.e.f.20/08/18;

c) Sufficient time required to disseminate understanding and to digest changes before application;

d) Applicability of penal provisions u/s 271B(inadvertently stated as 271D) for delay in submission of tax audit reports;

e) Issues arising due to implementation of GST law for the first time & its impact on the computation of income;

f) Extension of timeline of filing Return of Income in case of certain category of taxpayers (being essentially individuals drawing income from salary or individuals not subject to tax audit) from 31/07/18 to 31/08/18, thus, there is all the more reason for extending of time line in respect of assessee’s subject to tax audit required to file return by 30/09/18;

g) Income tax department web site is not allowing to upload certain forms related with Tax audits;

h) In view of manifest changes made there is an acute burden on the CAs including tax professionals;

i) Constant changes in utilities relating to tax audit forms;

j) Heavy floods disrupting the normal life.

10/09/18 On not receiving any response from the Respondent / CBDT the ICAI files another detailed representation outlining once again the various grievances and concerns faced, interalia, on account of manifest mid way amendments & changes in the Return utilities including Tax audit report etc.
17/09/18 On not receiving any response from the Respondent / CBDT the ICAI files yet another detailed representation outlining once again the various grievances and concerns faced, interalia, on account of manifest mid way amendments & changes in the Return utilities including Tax audit report etc & accordingly requesting to extend the prescribed time line for filing return of income including tax audit from 30/09/18 to 31/10/18.
Various dates Similar representations filed by other professional associations also outlining similar grievances & requesting CBDT to extend the prescribed time line for filing return of income including tax audit & related forms from 30/09/18 to 31/10/18.
22/09/18 Petitioner / assessee files a detailed representation before the Respondent / CBDT reiterating the concerns expressed in the earlier representations made by ICAI vide their three separate submissions & accordingly requesting the CBDT to exercise the powers as entrusted u/s 119 of the Act by extending the due date of filing of Income tax return including tax audit in case of all assessee’s who are required to furnish the same on or before 30/09/18 by at least a month’s time till 31/10/18.
A Single Judge Bench of this Court vide its decision dated 21/09/15 in the case of Avinash Gupta Vs UOI (2015) 378 ITR 137 (Del.) had importantly vide para 22 of its decision held that there appears to be no justification for delay beyond the assessment year in prescribing the forms required for preparation of returns including finalizing the tax audits. The respondent / CBDT was accordingly directed by this Hon’ble Court to, with effect from the next assessment year, at least ensure that the forms, etc., which are to be prescribed for the audit report and for filing the ITR are available as on 1st April of the assessment year unless there is a valid reason there for and which should be recorded in writing by the respondents themselves, without waiting for any representations to be made. This Hon’ble Court further directed that the respondents, while doing so, to also take a decision whether owing thereto any extension of the due date is required to be prescribed and accordingly notify the public.

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