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CBDT rejects KSCAA representation on Extension of ITR/Tax Audit Due Date

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F.No.225/207/2016/ITA.II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

North-Block, TA.II Division

New Delhi dated the 30th of September, 2015

Order under Section 119 of the Income-tax Act, 1961

The Karnataka State Chartered Accountants Association (‘KSCAA’) has Fled a representation dated 15.09.2015 in Central board of Direct Taxes (CBDT) seeking extension of date for filing returns from 30th, September. 2015. Subsequently KSCAA flied a PIL In Honble Karnataka High Court seeking intervention of Court in this matter.

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Latest Status of various Petitions in High Courts for Extension of Tax Audit Due Date –

Tax Audit Date Extension- Status of High Courts Appeals

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CA Sandeep Kanoi
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0 Comments
  1. AS ON 01/10/2015 12.25 PM INCOME TAX SITE HAS NOT UPDATED EXTENTION OF DUE DATE OF RETURN TO 31/10/2015 .
    OFFICIALS WHO ARE IN CHARGE FOR UPDATION INCOME TAX SITE ARE LIVING IN VILLAGES

  2. Can such order be passed u/s 119 as such section is meant for providing relief/ relaxation to the assessee and not rejecting a petition.

  3. what a way to tell professionals in karnataka the website and schema needs to be changed for filing that is why not granted extension , now will they change the schema only for gujarat and punjab to inculde 234A,B,C interest .do not know who drafted the notification and reasons for rejection
    CBDT – Confused board of direct taxes

  4. CBDT WAS TELLING TO DIFFERENT HIGH COURTS THAT THERE WERE VERY LESS CHANGES IN ITR AND TAR THIS TIME. MY QUESTION IS THEN WHY DIDN’T THEY NOTIFIED AND UPLOADED EFORMS ON IST APRIL 2015 ITSELF. DENYING FOUR MONTHS OF EFILING AND THEN BECOMING SO ARROGANT TO EXTEND THE DATE. THE ORDER OF EXTENSION FOR LIMITED STATES IS UNCONSTITUTIONAL AND WILL NOT STAND IN THE COURT OF LAW. ” EK TOH CHORI AUR UPAR SE SEENA JHORI IS WHAT CBDT HAS DONE”. IF WE ARE LIVING IN DEMOCRATIC COUNTRY, THIS ORDERS OF EXTENSION WHICH ARE UNCONSTITUTIONAL WILL NOT STAND .

  5. Why the notification is issued on 30th evening. It released the circular in the evening so that no one approached other high court.

  6. High Court judgement of any one State is applicable to all if otherwise judgement is not available. So CBDT’s notifications wrt each HC’s directions is contrary to the acceptable principles.

  7. IS THIS AN EFFORT BY CBDT TO DIVIDE INDIA IN DIFFERENT STATES.
    IF NOT WHY AN ORDER IS NOT APPLICABLE TO WHOLE OF INDIA .
    INCOME TAX IS NOT A MATTER OF STATE SUBJECT AND IS APPLICABLE TO WHOLE OF INDIA IN TOTALITY.THIS IS NOT A CALAMITY IN ANY SPECIFIC REGION WHERE CBDT CAN GRANT SPECIFIC RELIEF. SUCH BUREAUCRACY IS CONDEMNABLE AT ALL LEVEL AND FM WHO HIMSELF IS A LEGAL PERSON SHOULD REPLY TO ITS IMPLECATIONS

  8. ICAI’s representation to FM was for whole India. For all assessees and the CA (professional) community.
    Hence extension for specific states is not at par. Extension should be for the whole country.

  9. It is rather unfortunate that the top class professionals, who claim to be “partners in nation building” , seek such extensions, when instead, they should inspire their clients to keep the accounts up to date always and help both the clients and the Government. Instead of taking the lead this way, and also associating with CBDT from the commencement of financial year, going to court is not a healthy partnership. Let us all be more professional and pro actively move along with the Authorities and be of mutual help. Just because we have access to Courts of Law, there is no need to mis-use.

  10. If CA’s find it hard to file returns on time, govt should think about giving tax audit to Cost Accountants and Company Secretaries also.

  11. The petitions and actions by several persons in several states are represntation on behalf of the whole assessee community. Even after the representation from the ICAI, the CBDT has not extended the due date. ICAI is the authoritative body which represents the whole CA community. The CBDT’s stand has shown clearly what response do they have for a professional community of the country.

    No doubt Law of the land is equal for all citizens. But it is important whether the law is for citizens or against. Though all are not against CBDT, sure majority is not happy. By giving extension no citizen is aggreived.

  12. i have experience that when any government authority gives time up to their work is not completed successful and once their work is completed thereafter they do not want to give any extension of time. This reflects in their recent circulars and further moving to SC against the order of HC directives.

  13. It is my past experience that Government Authority give extension of time till their work is not completed and when the work is completed thereafter they do not give any further time limit.

  14. C.B.D.T has taken a Right step in not extending the due date .If there was an Extension in the A.Y 2014-15,It was due to a Valid reason.But People should not take it for granted .Law Of the Land is the Same for all the citizens .Nobody is above the law.When the law requires you to comply with the deadline of 30 th September.You should comply with the same.Giving reasons is not an excuse.You need to have a proper planning and execution .What should be completed on a priority basis .Whether it is individuals or tax audits

  15. very poor response by cbdt while introducing forms to the tax payer. how the cbdt come back to give extension to limited states. they are forgotten other assessee citizen.

  16. ICAI Should directly knock the doors of Supreme Court and represent the assessee’s problems.Even after this inordinate delay in release of the forms the contents of Form 29 are not proper in the sense that the content of the form relate to only to Companies Act 1956 which is not in vogue. No clarification or explanation has been issued for applicablity of Companies Act 2013 while calculating MAT.It is pathetic situation for the assessee’s and Auditors due to the sorry state of affairs in CBDT.

  17. CBDT has punished those have not filed writ petitions. They have have created union of India for punjab Union of India for Gujarath and union of India for karnataka. They are punishing Assessees that too top tax payers in the country with their ego. Why tax payers never react ? it is just because CAs are not as aggressive as advocates. Gentleness is taken for weakness. Please communicate with each assessee about this.

  18. What is this going on now a days. Now one more notification has come with the same number that is F.No.225/207/2015/ITA.II (the only changes are instead of 2016 here it is 2015 and instead of government of Incite here it is government of India.

    Which one is correct or both are fake?
    Kindly enlighten us

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