CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat
Avinash Gupta V/s Union of India and Ors (Delhi High Court) , W.P.(C) 9032/2015
As per information received from Appellant CA Avinash Gupta, While hearing the above case on the matter of extension of due date of Tax Audit Report and Income Tax Return Filing, Hon;ble High Court has interalia issued directions to CBDT To notify ITR Forms on or before 1st day of the assessment year and to record reason for delayed release of ITR if it fails to release ITR on time.
We will make available the copy of order for our readers at the earliest possible for us.
The writ is second writ by CA Avinash Gupta whose first writ was not been admitted with the liberty to file a PIL.
It’s a Commendable effort by CA Avinash Gupta & His Team and by those who were associated with him for the cause.
Read Our Analysis of Historical Judgment by Delhi High Court
Landmark Judgment by Delhi HC- ITR/TAR Due Date- No Extension but direction to issue ITR forms on time
Keep Checking the below page for Status of various Petitions in High Courts for Extension of Tax Audit Due Date –
I really appreciate the thoughts and facts provided by Sri Harish Chander Bhatia. Now he has proved that he is the one who has belled the cat. No body dares to write such heart burning facts against the CBDT. We all must appreciate his efforts and data he has collected. The most I liked is the suggestion that the CBDT should not have officers from the department. Because every body know what transpires inside the department. And then when they are elevated to CBDT, it becomes “100 chuha khakey billi haz ko chala.”
Good efforts by Avinashji, highly commendable, go ahead we are with you.
CBDT is an infructuous body of tired officers, the officers who are sitting in North Block have been consigned from lower seat of department, they all had enjoyed their days when they had the lucrative charges with them. They have amassed wealth and now preaching downwards for honest and punctuality, Will the Chairperson tell when she was CIT in Vikas Bhawan, at what time she used to come to the her office, how much interaction she had with the assesees. It is easy to preach while sitting at the helm. Why she is not able to get the work done from the staff. What is ailing the CBDT, What had they been doing for five months to release an ITR form, CBDT and MoF has violated the constitutional privilege of the tax assessees by deliberately depriving them to declare their taxable income. It is clearly a encroachment on fundamental rights of tax citizen. Amass wealth disproportionate to their calibre and work has made them shameless. It was the time when she was member board, she was accompanied with K V Chaudhry (CVC by luck now) participated in the ITAT body meet and the complaint was addressed to her that your staff officers do not come to office in time and some times even after lunch but instead of accepting the truth, her reaction was ” my staff is very sincere and they are number in the world for performance, do not complaint that they come late, my staff is maintaining flexitime and they also leave the office late at night. Now she is regulating the ateendence mechanish. Again to take care of the staff, it has been not made necessary to give thumb impression at the place of posting, but if the staff is posted at LTU in south and he/she lives in laxmi nagar, it is not necessary to reach in time to LTU to mark attendance instead the staff can give impression at laxmi nagar officer and go to LTU , now the attendance is marked without reaching the office. This type of attendance mechanism is working and staff are taking advantage of it. Is it not a deliberate leeway to staff.
More will be written on parallel assessment by retired staff and professionals, who are hired by incompetent officers to draft the scrutiny orders on salary or fixed sharing , sourced from assessees doing them favours by cheating the Nation. Shame on those officers.
CASS is fake, it is applied on selected data , why the data of officers are not made part of the entire database to apply CASS, that is why you will not found any officer tax return subject to scrutiny.
CBDT is a defunct body of those persons who has no knowledge of ground reality.If it is not possible to scarp it, then at least NO officer from the department should be allowed to posted at CBDT. The appointment there should be independent of the income tax department. It is only way to the see the sea changes in the CBDT.
I have lot to write: if time permits, I will write on CBDT Members vs Vice Den. What is happening behind the veil. most of the senior officers have become of questionable character, some famous names: SK Srivasta, Sumana Sen,her husband, Anisha Beg, Anita Kapoor,P Chidambarm, his son, Prakash Chander , Milap Jain and many more. There is much filth and dirt behind the curtain and under the carpet. Everybody will hate to love the department.Wait for few days.
Good Efforts
Date must be declare to day will helpfull.
IF SOMEONE IS KILLED IN AN ACCIDENT AND THAT TOO DUE TO THE FAULT(I.E DRIVER WAS DRUNKED OR DIDINOT HAVE THE LICENCE) OF THE DRIVER, HE OR SHE IMMEDIATELY GETS BAIL. BUT IN OUR CASE A DELAY IN FILING OF TAR EVEN BY 1 MIN, IT WILL COST US RS.150000.00
Audit date should be increase due to new amendment
a balanced outcome by the court. Many times I have written in your portal itself that CBDT should be scraped.Many were not agreeing with my writing and even to the PMO I have written the same,scrap the sleeping CBDT.One example is that the AIR data collected has not been used in the assessments and in searching the new assessees, and 44AB audit has not helped the department in getting the new assessee or additional revenue and on which such a useful time is spent in all these,with out doing the ground work all will say that the TAX BASE IN INDIA SHOULD BE INCREASED TO 5 percent but as I have seen in office the staff of the department is not sufficient to do all these basic ground work to increase the TAX BASE. There is no co ordination between the CPC and the department,no understanding between the officers of the department. Extension of time to file the TAR is one area, but scraping of the TAR for non corporate assessees is another point which the FINANCE MINISTRY SHOULD Think very very seriously, as the non corporate assessee does not need a 44AB audit which is along standing demand by the non corporate assessees. CA Avinash efforts is really appreciated.
It would not be out of place to state that the CBDT must be made accountable for deficiency in providing services to the Tax Payers and a citizen’s charter must be enforced against it. It is the right of every tax payer to get services from CBDT of hosting of all taxation and other legal forms within the shortest time to enable the taxpayers to discharge their duty of complying with the provisions of prescribed laws. The need of the hour is to “put such services under the Right to Services Act and enforce its strict compliance.
Secondly, the Courts of Law should be most humbly appraised of the fundamental right of Equity of Law. When the Tax Department can levy and charge Rs. 200 per day for late filing of TDS Return , why the same law should not be made applicable to the Department for delay in providing the services ?.
Really a Thumbs up!
Good decision.
Good effords by practitioners
Sleeping CBDT – time of
wake up
CA Avinash efforts shall be appreciated, we are hopefull that he will suceed. more writs shall be filed in few days with request to CBDT chairman. Today there is meeting FM and Chairman of ICAI.
This is a good first step towards restricting the unilateral and autocratic ways of the CBDT and protection of the rights of the taxpayers.This has to be supplemented with a corollary that every day’s delay in notifying the ITR forms and attendant amendments to rules should be mandatorily accompanied by a corresponding automatic extension of the last date for filing the ITRs,without our having to beseech the authorities and depend on the mercy of the CBDT for their reluctantly notifying the measly extensions by a few days at their whim and pleasure.Is it not our right to have the full period of four months (as from April to July)for filing the returns.How can the CBDT arbitrarily take away a part of it just to accommodate their lethargy and delay in notifying the changes each year.They have all the time before the commencement of the financial year to finalise any changes.In USA there are no such annual and repeated changes in the return forms putting the taxpayer to anxiety, uncertainty and inconvenience.
Good try by CA Avinashji Gupta
Good Effords