Case Law Details

Case Name : Avinash Gupta & ANR Vs Union of India & ORS. (Delhi High Court)
Appeal Number : W.P.(C) 8771/2015 & CMs No.19409/2015 & 19410/2015
Date of Judgement/Order : 14/09/2015
Related Assessment Year :
Courts : All High Courts (4066) Delhi High Court (1269)

In the case of Avinash Gupta and Ors V/s Union of India and Ors It was held by Delhi High Court that in this case it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL) and does not comply with the rules for filing a petition in public interest. Hon’ble  Court has dimissed the petition and  granted the liberty to file a PIL.

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 8771/2015 & CMs No.19409/2015 (for stay) & 19410/2015 (for exemption)

 AVINASH GUPTA & ANR

Through: Mr. Manish Jain, Adv. with Mr. Vineet Bhati, Adv./A.R. of P-2.

Versus

UNION OF INDIA & ORS .

Through: Mr. Kirtiman Singh, CGSC with Mr. Gyanesh Bhardweaj, Adv. for R- 1/UOI.

CORAM: HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

14.09.2015

1. The petition impugns the decision dated 9th September, 2015 of the Government of India refusing to extend the date prescribed of 30th September, 2015 for filing Income Tax Return of entities whose accounts are required to be audited.

2. The petitioners do not disclose any cause of action in their favour. Rather, in para 6 of the petition, it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL) and does not comply with the rules for filing a petition in public interest.

3. The counsel for the petitioners seeks to withdraw the petition with liberty to file a PIL.

4. Dismissed as withdrawn with liberty as aforesaid.

No costs.

RAJIV SAHAI ENDLAW, J.

Keep Checking the below page for  Status of Petitions in Various High Courts for Extension of Tax Audit Due Date –

Tax Audit Date Extension- Status of High Courts Appeals

More Under Income Tax

Posted Under

Category : Income Tax (27026)
Type : Judiciary (11195)

0 responses to “Delhi HC dismisses ITR/TAR Due Date Extension Appeal”

  1. PRADEEPKUMAR JAIN says:

    LET US UNITE TO FIGHT AGAINST NEPOTISM

  2. PRADEEPKUMAR JAIN says:

    Why so much fuss. anyway it is going to be extended.

  3. KN shukla says:

    No appropriate time has given by CBDT to the assessee,s, moreover the digital signature applications are pending at various digisign agents to get digi.sign, so the date to file tax audit return should be extend so that all assessee,s may file their returns correctly.

  4. L D Lama says:

    In my opinion, I am not in favor of extending of the ITR filing date, all the Income Tax assesses must try to complete their books of accounts up dated by every third week of august, so that , the auditing of the books can be done comfortably, and submit the returns on or before 30th September without hassle. And they must work hard through out the year including the next six months , thus making altogether 18 months to complete one F.Y . Assignment.

    • RAKESH SHETH says:

      Sir your are not think about current year if we are spend 18 month for past than we are spend our 6 month current year think that

  5. Shrinivas says:

    Person responsible for late release of schema
    Should be punished not assesses

  6. azhar and co., says:

    since there is power problem in karnataka at the same time power in noon and evening will go and when we load itr incometax website busy we are facing a lot and almost all the assessee have paid taxes in advance and tds also paid just for paper returns we are requesting you to kindly extend the date from 30.9.2015 to 30.11.2015

  7. CA Professional says:

    To be very professional with CBDT, we should not fight for the date extension for tax audit cases etc. We should ask the CBDT as to why assessee will be penalized for delay in filing where delay has taken place on account of release of schema etc. by CBDT. If there is any penal action against the responsible person in CBDT for this delay. Budget comes almost 12 months before any Assessment year. means they took almost 15-18 months for this, still they do not want to give extension. WE SHOULD BE READY FOR PENALTY IF SERIOUS STEPS ARE ALSO TAKEN AGAINST THE RESPONSIBLE PERSONS IN CBDT FOR DELAY IN RELEASE. This should also include. higher authorities or the head of the department responsible for it.

    • Ravi Kumar Arora says:

      ITR Department should amend the SITE first, because in the mean time there is a problem when we file return. And now the TAX Audit Return date should also be extended till 30.11.2015. Income Tax Department knows every assessee has taken how many times to get audited in fair manner.

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