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 Delhi High Court
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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.
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Why so much fuss. anyway it is going to be extended.
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.
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.
Person responsible for late release of schema
Should be punished not assesses
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
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.