Tax Community and professionals has made the above demands also to Elected Representatives, CBDT and Finance Ministry by writing on social media, Websites, giving written representation and sending email to all the concerned authorities but all such efforts failed to gain any result.
Further many tax professionals has also commented on Face book page of ICAI President CA. K. Raghu requesting to make presentation to concerned authorities for extension of due date of ITR and also questioned the benefit from extension of due date of TAR without extension of due date of ITR, which has not elicited any response from him till yesterday.
In view of the same some of the members of ICAI has decided to fight the issue of extension of due date of TAR without extension of TAR due date on there own and filed an appeal in Delhi high Court on on Friday 5th September 2014 vide Mahesh Kumar & Co. vs. UOI and Others in Court no 2 of Hon’ble Mr. Justice Badar Durrez Ahmed and Hon’ble Mr. Justice Siddharth Mridul. Writ Petition was listed for Monday 8th September 2014 vide Diary no. 162371/2014. W.P.(C) 5990/2014 and placed for Final Hearing hearing on 15th September, 2014.
Notices issued to Union of India through Revenue Secretary & Chairman CBDT for final disposal of WRIT on 15 September 2014.
Further Update
In addition to above it has also come to our knowledge that CA Rajni Shah from Gujarat has also filed a writ in Gujarat High Court against the extension of Due date of Tax Audit Report without extending the due date of ITR.
It has also come to our knowledge from unconfirmed sources that Some of the members of ICAI are also in the process of Filing a Writ in Rajasthan High Court.
We hope the good sense will prevail and CBDT will atleast extend the due date of ITR to 30.11.2014 for Tax Audit Cases for AY 2014-15, if it cannot deffer the implementation of Revised Tax Audit Report to A.Y. 2015-16.
Some of the Interesting Post on the subject on our website are as follows :-
1. Completing Income Tax Return without Completing Tax Audit Report
Author Bio
As far as tax audit report in Income Tax is concerned it is independent of Return filing process… It is optional AND NOT COMPULSORY to accept by assessee any comment made and/or dis-allowance of expenses stated in the tax audit report.. An assessee may dis-agree with any qualification made by auditor & he can file I.T. return without referring Income Tax Audit report..
Tax Audit report u/s 44AB is purely for facilitating Assessing Offices to make assessment with/on the basis of his own expertise/knowledge & wisdom AND NOT TOTALLY ON THE BASIS OF TAX AUDIT REPORT U/S 44AB.
Hence the importance of Tax Audit Report u/s 44AB is very less in the process of Income Tax Return Filing…
Hence obtaining Income Tax Audit Report u/s 44AB is totally extra financial as well as physical burden on the Citizen of India…
– See more at: https://taxguru.in/income-tax/update-tar-extension-deferment-cases.html#comment-1131910
I am always surprised from the policies of our government regarding financial audit under INCOME TAX, VAT & SERVICE TAX etc.
DAY BOOK,CASH BOOK,LEDGER & STOCK registers are maintained regarding financial data of any business. Till today, I am not understand what is need of separate audit regarding same financial data under different tax acts. What is motive behind it of our government, ministry of finance & ICAI for given such kind advice . What is need to verify same books again & again under different tax acts.
NOW QUESTION ARISES WHETHER OUR GOVERNMENT’s MAIN INTENTION BEHIND IT TO OBTAIN PROPER COMPLIANCE FROM ASSESSEES REGARDING TAX LAWS THAN IT IS NOT A ” AUDIT”. IT IS A LEGAL OPINION ON TAX LAWS AND CHARTERED ACCOUNTANTS ARE NOT AUTHORIZED TO GIVE LEGAL OPINION ON TAX LAWS. IF THEY DOING THAN IT WILL BE CALLED AS” UNAUTHORIZED PRACTICE OF LAW”
DUE TO REVISION OF TAX AUDIT FORMS & COMPLICATED UPLOADING PROCESS, TAX AUDITORS WILL UTILIZE THE SITUATION TO CHARGE MORE FEES TO ASSESSES, LEAVING NOTHING TO GOVT. AS INCOME-TAX. OUR ESTEEMED CENTRAL GOVT. WILL REALISE THIS IN DUE COURSE.
Dear Satyanarayana Sir,
SUPREME COURT OF NEW JERSEY, U.S.A GAVE OPINION AS UNDER:-
The court must have had some kind of vision of the professional world converging in the future, for as early as 1964, it set rather interesting ground rules into place for the cross-employment restrictions of Legal and CPA professionals. In Opinion 23 (January 9, 1964), the court was asked: “May a member of the Bar of New Jersey engage in the practice of law in this State simultaneously with the practice of public accounting?” In response, the court’s opinion states:
“… we find that the dual practices of law and accounting … by lawyers would not violate the Cannons of Professional Ethics. Nor does it appear to us that any other rules of our Supreme Court would be violated by such dual practices.”
I BEING AN TAX-ADVOCATE, I AM ENTITLED TO PRACTICE BOTH LAW & PUBLIC ACCOUNTS RELATES TO INDIAN TAX LAWS. IT IS ALSO CLEAR ON READING RULE 12A OF INDIAN INCOME-TAX RULES, 1962 READ WITH SECTION 288(2) OF INDIAN INCOME-TAX ACT, 1961. FURTHER, THERE IS NO RESTRICTIONS IN ADVOCATES ACT TO PRACTICE BOTH LAW & PUBLIC ACCOUNTS RELATES TO INDIAN TAX LAWS.
Sathyanarayana Sir instead of commenting on me, stand in my foot & think about my position due to wrongful action of ICAI (Financials). In fact, even if I do CA, I can not escape from bow down before one more CA. This is the situation in my case.
MANDEEP SINGH JI, you have correctly said, why CAs can not understand this & the intention of CBDT behind the notification. Because, they are not Advocates to understand the intention of the notification.
Satyanarayana Sir, there is no strong rule that if father is a Chartered Accountant, son has to do Chartered Accountancy course. Its all depends on the interest of the persons. It is wrong on your part to give statement that B.S.K.RAO could not pass CA & become tax consultant, kindly withdraw it.
1984-2014 Era of Chartered Accountants
2014-…. Era of …………………? (Options Open)
NOTE: IF ICAI (FINANCIALS) CHANGE ITS ATTITUDE & APPROACH AND MEANINGFULLY WORK IN GOOD MOTIVE WITH TRANSPARENCY & SOCIAL RESPONSIBILITY ON TAKING RELATED PROFESSIONALS INTO CONFIDENCE, STILL THERE IS CHANCE TO MAINTAIN THE STATUSQUO. (IE, IT SHOULD AVOID PUBLISHING SELF APPRAISAL STATEMENTS LIKE BUILDING THE NATION, PAR EXCELLENCE ETC, INSTEAD TRY TO SEEK APPRECIATION FROM PUBLIC)
Respected C P CHUGH ji,
Our software vendor have modified system of filling ITR. Where audit is not conducted by Chartered Accountant. We have three option in the system, when we file ITR without TAR.
we need to tick following three options to file ITR without TAR date.
1) Are you liable for maintain books.
2) Are your accounts audit u/s 44AB.
3) Whether your accounts are not audit by Chartered Accountant.
If we tick on point 3 along with 1 & 2 than we can file return without TAR date.
PLEASE SOME ONE TELL ME, ABOUT STATUS OF PIL FILLED BY ICAI MEMBERS AGAINST NEW FORM 3CD……?
THERE IS VERY DIFFICULTIES ABOUT CLAUSE 34(a). BECAUSE IT IS NOT POSSIBLE TO EXTRACT ALL EXPENSES, WHICH REQUIRED TO BE FILLED IN COLUMN NO. 4 OF THE AFORESAID CLAUSE
Horrified to read comments, allegations and counter allegations. In this unwanted debate and discussions, the real issue has been lost and no one is trying to find out a solution to the genuine problem of Tax Payer.
Extension of specified date u/s 44AB does not help Tax Payers in any way unless the validation utilitiy is modified to validate returns without mentioning of “Date of Furnishing of TAR”, which is now mandatory.
The whole excercise of giving relief to Professionals, more precisely, Chartered Accountans in Profession (Because they are the people who are required to upload TAR) has gone awry with no benefits to any one.
ICAI at least can request CBDT to amend the utility so that poor tax payers can submit their returns, without furnishing TAR, else they shall be facing the consequences of late furnishing of ITR.
Let each one of us concentrate of issues relating to profession and should not challenge one’s another’s qualification, experience or integerities.
Thanks and regards to all,
ON LOOKING AT THE COMMENTS OF MR.SATYANARAYANA SIR, I FEEL THAT ICAI (FINANCIALS) ALSO ISSUES BENAMI CERTIFICATES TO THEIR MEMBERS ? IF YES OK, IF NOT MR.SATYANARAYANA SHOULD ANSWER