Following the Footsteps of other High Courts Bombay High Court today held in the case of ‘The Chamber of Tax Consultants & Others Vs. Union of India (Bombay High Court), WRIT PETITION (L) NO.2492 OF 2014’ that CBDT should consider the representation of the of the Chamber of Tax Consultants on or before 30th September 204. Petitioners are entitled for better relief in view of decisions of other High Court if they are more favorable.
The petition was filed by the chamber of Chamber of Tax Consultants & Others for non extension of due date of ITR to 30.11.2014 in accrdance with due date of Tax Audit report. CBDT has already extended due date of Tax Audit Report to 30.11.2014. Petitioners has urged the court to issue a direction to the CBDT to extend due date of Income Tax Return to 30.11.2014 for A.Y. 2014-15 in cases where tax audit is applicable.
PRESS RELEASE ON ABOVE FROM CHAMBER OF TAX CONSULTANTS
25th September, 2014
UPDATE ON WRIT PETITION FILED BY THE CTC BEFORE BOMBAY HIGH COURT
Central Board of Direct Taxes has amended the Tax Audit report on 25 July, 2014, vide notification No. 33/2014 effective from the financial year beginning from 1-4-2013. Post amending Tax Audit Report, Revenues utility for submission of Tax Audit report was issued end of August 2014.
The Chamber of Tax Consultants through its President Shri Paras Savla has filed a writ petition before Bombay High Court challenging the aforesaid notification and subsequent order amending the Tax Audit Report after closure of Financial Year. Other joint petitioners were M/s KPD & Associated and CA Bharat Gala. The Petition challenges the action of the CBDT in introducing the new TAR without deliberation or inviting any views from the stake holders and not extending due date of filing return of income even if due date of filing of Tax Audit Report has been extended.
The Petition points out that CBDT extended the due date for filing the new Tax Audit Report up to 30/11/2014, however, the date of filing of return has not been extend. This writ came for the final hearing today before the Bombay High Court.
The Division Bench of the Hon’ble Shri Justice M. S. Sanklecha and Hon’ble Shri Justice N.M.
Jamdar heard the various concerns faced by the Tax Payers and the Accountants. After hearing both the parties, Bench has directed the CBDT to consider the Chamber’s representation to extent the due date of filing return of Income in consonance to the due date of filing TAR. It was also noted that similar petitions has been filed with other High Court’s too and in case any other High Court’s decision is more favourable then, same would also apply hereto. The matter was argued by Dr. K. Shivaram, Senior Advocate (Past President of CTC), Shri Ajay Singh, Advocate and KSA Legal team.
Paras K. Savla
President – The Chamber of Tax Consultants