Vide its order dated 30.09.2015 CBDT has extended due date only for the state of Haryana, Punjab , Union Territory of Chandigarh and Gujarat.
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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 Central Board of Direct Taxes, in compliance to the order of Hon’ble Punjab and Haryana High Court dated 29.09.2015 in case of Vishal Garg & Ors. vs Union of India & Anr.; CWP 19770/2015 and in exercise of powers conferred under section 119 of the Income-tax Act, 1961 (‘Act’), hereby orders that the returns of income due to be e-Flied by 30th September, 2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State(s) of Punjab and Haryana and Union Territory of Chandigarh.
2. This order shall be subject to the outcome of any further appeal/SLP which the CBDT may file against the said Judgment.
(Rohit Garg)
Deputy-Secretary to the Government of India
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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 Central Board of Direct Taxes, in compliance to the order of Hon’ble Gujarat High Court dated 29.09.2015 in case of All Gujarat Federation of Tax Consultants vs. CBDT ; Special Civil Application No. 15075 of 2015 and in exercise of powers conferred under section 119 of the Income-tax Act, 1961 (‘Act’), hereby orders that the returns of income due to be e-Flied by 30th September, 2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State of Gujarat.
2. This order shall be subject to the outcome of any further appeal/SLP which the CBDT may file against the said Judgment.
(Rohit Garg)
Deputy-Secretary to the Government of India
Latest Status of various Petitions in High Courts for Extension of Tax Audit Due Date –
Author Bio
I feel it is a fit case to analyse the jurisdiction of High Courts to entertain such cases where the Central Acts are concerned and entire country is affected.
It is a case of violation of constitutional rights as one HC feels extension is justified and benefit is given to that state alone which is discrimination of two persons by the State for the same situation.
I think the High Courts on their own should direct the appellant to approach the SC since it is concerning the entire country and not to a specific state.
Year on year problem!!! CBDT is manned (womanned) by adamant officers. Never happend in the history. Is this the ease in doing business in india? Tax payers must not vote again NDA to power.This Govt is taking and treating Business class very lightly. Mr. Modi, Mr. Jetly – Make in India dream possible with this type of attitude? Appeal all business community voters in Bihar to vote any one except NDA
Yes CBDT has taken the wise decision for not extending the due date. I think that CA’s are overburden with their work and now its time for the government to think to allow non CA’s for Tax Audit Purpose like Tax Advocates, CS,ICWA to carry out the Tax Audit work as all are practicing on taxation side.
can any one explain the source. In todays circular its said Goverment of Incite. i have never heard about such Government.
F.No.225/207/2016/ITA.II
Government of incite
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North-Block, TA.II Division
please clarify whether date for filling tax audit also extended ?
due date is extended only for income tax returns not for tax audit reports?
Order uploaded on CBDT website “Incometaxindia.gov.in” doesn’t yet mentions Gujarat. Am I missing something?
It is not fake… India/ Incite is just a typo here.
Is CBDT believes in divide and Rule ???
What is about filing of TAR online ????
This Act of CBDT is against the national interest where there notification demarcated the assessees on account of geographical parameters within India.
Moreover it shows the dictator attitute of the CBDT towards the public at large and also sort of showing superior then the Hon’ble High Courts. Such acts of CBDT will tarnish the image and standing of the BJP Govt especially our worthy Prime Minister who has been continuously trying for the market to make in India.
In-equality, ends of justice do not meet as the extension applies only for certain states in India when the problem is faced by the entire public of India. CBDT is doing a commendable job in separating Indian states.
it is not fair from cbdt part by increaing in some of states and not to others
HOPE EXTENSION WILL COME.
Dear Sir,
It is requested to CBDT that the extention of date from 30 September to 31 October shall be applicable to all states as the same problems exist with the practitioners across the country. It will be a kind of injustice to the assessees of the other states. Is the Govt expects every assessee to file a separate writ with Court to seeking a remedy.
what is govt action is not justifiable because all state are suffering the same problem but govt benefit of only some most valuable B.J.P govt state so I am not favoring this Notification.
Is this the ease of doing business
IT SEEMS PERSONS SITTING AT THE HELM OF THE AFFAIRS AT CBDT ARE INTERESTED IN HARASSING CA and TAX PAYING INDIANS SEEMS CBDT IS FIGHTING WITH TERRORIST.
IT SEEMS PERSONS SITTING AT THE HELM OF THE AFFAIRS AT CBDT ARE INTERESTED IN HARASSING CA and TAX PAYING INDIANS.
due date is extended only for income tax returns not for tax audit reports.
Good decision taken by CBDT
VERY GOOD DECISION OF CBDT,
This is highhandedness of the Babudom
What about the Karnataka High Court order and Orissa High Court Order ??????
what is going on?
after the above notification it is not clear that it has extended the due date of tax audit.
Instead of clearing the confusion again this notification has created confusion.
CBDT notification is in contempt of court.Under the Constitution High Courts are courts of special significance. As the Bombay High Court observed, when an order is passed in writ under article 226 it applies to whole of India. The officer who issued the notification limiting High court judgement only to that state must be charged with contempt of court. Shri Arun Jaitley must speak his mind.
The Hon’ble Courts Order to remove difficulty of Public at large by extension of date but CBDT is acting smart and extending only for the Jurisdictional Courts where High Court Order was delivered.
CBDT officers should be given show cause on their action which does not justify the non acknowledgement of hardship of remaining states. Hardship, if any, is faced in the country as a whole.
All assessees are not equal to CBDT? Respect Tax payers.
This is the latest version of “ease of doing business” in India! Jai Ho !
I hope indirectly this government is dividing people of INDIA………………
I think that, now each assessee has to go to the court for extension.
The ground for directing the CBDT for extension of time up to 31/10/2015 is delay in publication of certain e-forms required for filing of the Income Tax Return. There is no special reason for any particular State for such direction of the honorable Courts. It is unjustified on the part of CBDT to allow assessee of some States by granting extension only because the jurisdictional High Court has passed an order. With due respect I am of the opinion that either the CBDT should appeal against such orders or grant extension for all assessees in India irrespective of the States whose High Courts have directed for extension of time.
Where will i get the original notification issued by CBDT? Can anyone give govt site URL?
THIS IS BED IN NATURAL JUSTICS, THIS IS PARCIALTY WITH OTHER CITIZEN OF INDIA. CBDT MUST THINK ABOUT IT. OTHER WISE CA INSTITURE WILL GO TO SUPREME COURT FOR JUSTICS.
Incite means to persuade someone to act in unlawful way.
LOL!!!
Government of Incite may mean Government which persuades to act in unlawful way..
3% of income tax payer think this kind of attitude before selecting you’re govt
what is about Andhra Pradesh and Telangana?
Notification number ……./2016 . In original it would have been 2015.
WHAT ABOUT SABKA SATH SABKA VIKAS
Not notified on income tax official website. it seems to be fake
This is a fake order again.What do you mean by ” Govt. of Incite” ???
More than 40% of the nation’s tax is from MUMBAI…. how can FM and CBDT ignore this when the order is passed….. For direct tax we have only one tax which is a Federal tax then why benefit to few states…..
Is This only a face of good governance about MODIJI discussing all over the world…..
What a tragic day for this great democratic nation. How these arrogant officers with sick minds and intense prejudice occupy the positions which are meant for protecting the interest of the general public. How can they defy and shamelessly disregard the verdict of the honourable judiciary of the county. It is indeed an alarming situation for the profession. Any government any FM any CBDT chairman all these are carrying so much aversion towards this noble profession. Its a matter of great concern to know whose sick mind is behind this dirty affair.
The above order of CBDT seems to be fake. The CBDT will not pass orders concerning a particular State, because Tax Payers as well as Tax Professionals of India are affected. Hence this type of order has no value at all.
Thats why all states are not recommending to GST,Nothing we can do, Ignorance of Law no Excuse, So try to escape from that, what ever we want to able we will file afterwords declare as Non Tax Audit Means 44-AD, what they can do we will see.
If you agree with decision, this year on-wards Please make Rule separately for each state OK. Useless fellows
Height of arrogance. We voted this government so that we could be heard unlike the previous one who cared a damn for the voice of people. I do not understand such a high handed behavior on the part of the government.Is this the ego problem of the FM or that of the babus? It is this behavior of the govt. which hinders the international community from investing in India. PM said that talks can solve the problems. But for the talks one should be called for discussion. FM said he will look into the matter But when. When not in power the political leaders are sweet to the public and once in power they speak a different tune. I feel NAMO needs a better team. If such a small issue raises the ego problems of the ministers than God help this country
This is certainly FAKE. Government of INCITE? How the numbers can be same for both when content is different. BEWARE
Govt. off INCITE??? Is it again a fake one??
what finance minster is doing
This is absolute ridiculous, and discrimination by CBDT. It seems the assessees of the the other 4 states are different from the assessees of other parts of the country. Really this shows how the CBDT works, it would have been better if they had not given any extension rather than giving it on 30th . Simply ridiculous