CA Sandeep Kanoi
From Last Few days I was updating the status of Writs filed in various High Courts in India for extension of Due date of Income tax Return and tax Audit Report, which were falling due on 30th September 2015. In all these appeal, some high courts has ruled in favour of Assessee, Some has ruled against the Assessee, Some are yet to decide and some left the issue at the wisdom of CBDT. So the final status of all high courts in which appeals been filed on the issue as per my knowledge is as follows:-
| S. No. | High Court Name | Status on 01.10.2015 at 9.00 AM |
| 1 | Delhi High Court
|
Ruled in Favour of CBDT/UOI |
| 2 | Rajasthan High Court, Jodhpur Bench | Ruled in Favour of CBDT/UOI |
| 3 | Bombay High Court | Instructed CBDT to Extend Due Date to 31.10.2015 |
| 4 | Gujarat High Court | Instructed CBDT to Extend Due Date to 31.10.2015 |
| 5 | Punjab & Haryana High Court | Instructed CBDT to Extend Due Date to 31.10.2015 |
| 6 | Orissa High Court | Instructed CBDT to Extend Due Date to 31.10.2015 |
| 7 | Karnataka High Court
|
Instructed to CBDT to Consider representation of Petitioner/ICAI |
| 8 | Calcutta High Court
|
High Court yet to decide on the issue |
| 9 | Andhra Pradesh & Telangana High Court at Hyderabad
|
High Court yet to decide on the issue |
Post High Court Instruction CBDT has yesterday on 30.09.2015 come up with three orders by which –
- it has extended the due date of e-filing of Income Tax Return to 31.10.2015 in the State of Punjab, Haryana, Gujarat and Union Territory of Chandigarh and
- It rejected the representation of KSCAA which it considered on the instruction of Hon’ble Karnataka High Court.
Now the questions which arise in the mind of various taxpayers are as follows:-
1. What is the position of Extension in the state of Rajasthan and Delhi where High Court ruled against the Assessee?
Answer- In my Opinion Ruling of Territorial High Court will prevail and for the Assessee falling in these Jurisdictions due date will remain 30th September 2015.
2. What will be the due date for the Assessee falling in Jurisdiction of High Courts which ruled in favour of Assessee but CBDT has not issued any instruction?
Answer- They can wait for Order of CBDT as CBDT will surely act on Order of Such High Courts and extend the due date as per Instruction of Such High Courts.
3. What will be the status of Assessee falling in the Jurisdiction of Karnataka High Court?
Answer- For them also due date will remain 30th September 2015 as CBDT has rejected the representation of Petitioner.
4. What will be the status of Assessee falling under the Jurisdiction of High Court’s where no appeal been fled and in case any appeal been filed no judgment has come so far?
In such cases as per the decision of Hon’ble supreme court in the case of CIT vs M/S. Vegetables Products Ltd. 88 ITR 192 Assessee may choose the Judgment of High Court which is more beneficial to him. So Asssessee may choose the Judgment of Favourable High Courts till any judgment comes from their jurisdictional high court. Once any Judgment comes from Jurisdiction High Court than the same will apply.
5. In the CBDT orders dated 30.09.2015 CBDT has said that extension is Subject to filing of Appeal by Department in Supreme Court, so what will be the status of extension if Supreme Court decides against the Assessee?
Answer- In my opinion for the intervening period extension will remain in effect and no penalty can be imposed on Assessee for delay in filing up to extended period.
6. Do High Court orders are only for the Assessee of their Jurisdiction or was it for the Assessee all over India?
Answer- We have not come across any thing in the High Court orders which suggests that the Order applies only for the Assessee falling in a Particular High Court Jurisdiction. In our opinion High Court has extended the benefit to all the Assessees falling under Income Tax Act, 1961 and who were required to file their Return on or before 30.09.2015 under section 139(1) of the Income Tax Act, 1961.
Further as very well pointed out by CA Manoj Sethia that such Partial extension is Violative of Article 14 of Constitution of India which says that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
7. Is it amount to Contempt of Court?
Answers – CBDT has arbitrarily extended the due for only for the Assessee falling in Punjab, Haryana, Gujarat and of Union Territory of Chandigarh, so they have not fully complied the High Court Instructions and the same may be treated as Contempt of Court by Hon’ble High Courts.
8. Do CBDT or Hon’ble High Courts has extended only the due date only of ITR or also of Tax Audit Reports?
Answer- In Our opinion Extension of date of ITR will apply to Tax Audit Report also as both are integral to each other. Earlier before introduction of Online Returns and Tax Audit Reports Assessee was required to submit his Tax Audit Report with his Income Tax Return.
Note- Please check the Relevant Law Provisions before relying on the above.
Tax Audit Date Extension- Status of High Courts Appeals
Author Bio
CBDT,being a body forming part of Government of India,should come forward to the help of Tax payers,a resource for the country’s development.Heavens will not fall if extension is given to them.Partial orders indicate discrimination against citizens of BHARAT by the GOVERNMENT.Come up please.
Latest Statement in Press Release shows and accepts directly/indirectly the mind set of the yesterdays decision taken by the CBDT.
“In order to avoid discrimination between tax payers residing in different jurisdictions and to be fair to all ”
This means they accept that their decision to extend only two states is unfair and would discriminate people on India basis..
It is the responsibility of the Govt and its employees to not discriminate and not to be unfair to people of INDIA… but the officers who took yesterdays decision did otherway and spoiled the name of GOVT…
Four courts gave decision in Favour of Assessees but only two states were give extension… is that politics?
As many people commented this as British Policy… so somewhere Politicies was involved and purposely created discrimination to spoil the name.
Can everyone please tweet Mr. Modi and Mr. Jaitley for their adament behaviour with respect to extention of due date for filling Income Tax Returns. Its not good to be a mockery with professionals, assessee and courts. There is no use of extending date today.
CBDT extended date for all
You may check at: https://taxguru.in/income-tax/cbdt-finally-extended-due-date-india-31102015.html#sthash.mPQs3FKB.dpuf
Due Date Extended for everyone …
HAPPY EXTENSION for those who still have pending work..
finmin.nic.in/press_room/
Link for Press Release
Extension should have been given to all assessees. The order of CBDT shows the arrogance of the Babus and indifference of the politicians. BJP and Congress are two sides of the same coin. PM Modi acts like a salesman without proper maintenance and back office support. He is trying to fool the foreigners as most of them do not know much about the nature of Indian Bureaucrats. Indian businessman cannot be fooled. By being simply adamant on extension of due dates they are proving the “Ease of doing business in India”.
So much for Modi and BJP. Arun Jaitley is basically a lawyer and not an economist or finance man and is being fooled and led by the Babus of Finance Ministry.
The less said about the ICAI the better. It is full of self serving people without any stature and have lowered the dignity of the profession by seeking favours from Babus and have lost respect. No one takes ICAI seriously and are not consulted on important matters.
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
PRESS RELEASE
New Delhi, 1
st October, 2015
Subject: Extension of date for filing of Income tax returns and tax audit reports to
31st October 2015 – regarding
The issue of extension of last date for e-filing returns of income and audit reports u/s
44AB due by 30th September, 2015 has been the subject matter of litigation in various High
Courts across the country. While some High Courts have ruled in favour of the extension of
due date, some others have ruled otherwise. In order to avoid discrimination between
taxpayers residing in different jurisdictions and to be fair to all, and also in view of paucity of
time to approach the Hon’ble Supreme Court by way of Special Leave Petition, the
Government has decided that across the country, all the returns of income and audit reports
u/s 44AB which were due for e-filing by 30th September, 2015, may now be filed by
31st October, 2015.
Necessary order u/s 119 of the Income-tax Act, 1961 has been issued by CBDT in this
regard.
(Shefali Shah)
Pr. Commissioner of Income Tax (OSD)
Official Spokesperson, CBDT
Thanks Sandeep ji, for Continuous updates. I really appreciate the efforts taken by you in the pick days/hours of tax Audit Assignments.
Dear CA Sandeep,
THANKS A TON FOR VERY PROMPT AND BALANCED UPDATES ON STATUS OF VARIOUS HIGH COURTS WRITS. I AM GREATFUL TO YOU.
GIRISH DHOND
INCOME TAX PRACTITIONER
NAGPUR.
HATS OFF TO CA SANDEEP FOR YOUR TIMELY UPDATES
cbdt does not intend to extend the benefit to congress ruled states and non-bjp friendly states as they are not considered fit for any benefit especially karnataka delhi according to a friend of mine. IT IS TIME THAT THE COURT PASSES STRICTURES TO THE ERRING TOP OFFICIALS. Their actions speaks volumes of their mindset which is despicable. Foreigners who are going to invest in india should be aware of how they issue circular in the past for taxing fii and then withdrawing it next day. Ideally the powers to extend the due date should be with Govt and not cbdt.
HATS OFF TO CA SANDEEP HANOI FOR YOUR TIMELY UPDATES
Very useful information. Has any such precedent occurred in the past where Court was approached for extension in due date of ITR filing ?
thanks for updates
thank you verymuch Sandeepji
Your uptation is veryhelpful to all
Thanks a lot
Every year The GOI (Finance Ministry) prepares budget for the ensuing year. If it is not possible, due to one reason or other, an interim budget is prepared. Like wise planning commission does. If this is the case, it is the primary duty of CBDT to make available all required forms in advance. For their fault, they can not punish tax payers, without whom CBDT existence is not possible. Not extending the due date is against the equitable justice. The courts are requested to note the simple and fundamental point.
Thanks Sandeepji for all the latest updates.
Mindless people sitting in CBDT, some day they may pass notification that court order is applicable to ONLY THOSE PERSONS WHO FILED PETITIONS.
Contempt of court petition should be filed, CBDT chairman & Finance minister should be arrested and be produced in court.
Thanks sandeepji, for Continuous updates.I really appreciate the efforts taken by you in the pick days/hours of tax Audit Assignments.
Dear Sandeep, Thanks for the timely and correct updates. Was following you for last 2 days. Keep up the good work…….
The selective orders under 119 and entire approach of the CBDT on the issue of extension reflects its attitude of harassing tax payers for which it is famous for.
The finance ministry should ponder whether this is what they mean by ease of doing business?
When CBDT need 5 months to release the forms it is a legitimate demand to extend due date by one month. When the forms were leased in August first week, CA’s were busy with non audit tax filing this left with only a month’s window for Audit Filing.
CBDT’s order does not speak about extension. It speaks that ” the returns due to be e-filled by 30th Sep’2015 may be filled by 31st Oct’2015″.
Does it mean that the date specified U/s 139(1) is extended and there will be no interest U/s 234A if the return is filed within Oct, can we revise the return later ,can we carry forward the bussiness loss?
very curucial for us keep updated as now
Mr.Sandeep
A small word of “Thanks” from us but your tireless efforts/service is invaluable. Congratulations for your service to the nation!
DUE DATE EXTENDED ONLY TO PM AND FM S STATES ONLY OTHER STATES ARE NOT IN UNION OF INDIA WHAT A SHAME ?????
Thank you Mr. Kanoi for the updates.
“Madras HC directs CBDT to extend date for filing I-T return to Nov 30” why did this is not included onto your table provided above..?
timesofindia.indiatimes.com/business/india-business/Madras-HC-directs-CBDT-to-extend-date-for-filing-I-T-return-to-Nov-30/articleshow/43400984.cms
The act of CBDT is violative of the Article 14 of the Constitution of India.
Art. 14 says that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
This year also the CBDT should consider the extension to 31-10-2015 for filing ITR returns for entire nation irrespective of the individual cases or states. So at least they can plan in the next years to come and will take care of to file the returns in time. The FM should act and take a proper decision to help the people and instruct CBDT to extend the due date to 31-10-2015. What is the use of filing wrong and speculative returns uploaded which would create more problems to the department and wastage of time.
I hope CBDT would act in favour of the nation by extending the due date for filing returns to 31-10-2015.
Thank you sir,anytime updating information.
Regards
Guru Naidu
MR SANDEEP JI CA
NOW WILL CA ASSOCIATION GO TO COURT FOR EXTENTION
Thank you sir, anytime updating information.
Regards.
Guru Naidu
CBDT should follow the High Court instructions. and clarify this issues at immediately.
Thanks a lot CA. Sandeep Kanoi ji
It is really not that easy to update all such information and that too as soon as possible…
Hats off to you for your efforts and helping in informing people about it.
Thank You.
Some Point
1.Can KSCAA move to SC and challenge CBDT’s rejection reason and ask for extension ?
2.Can ICAI request FM and CBDT to reconsider their such state wise extension?
or can ICAI File writ in SC for some relief for its members (afterall they are the one who die day night for the assessee) irrespective of which states he belong too?
Now people have started saying that the extension is only for PM’s state and FM’s states….
Rejecting ICAI recommendation is really the saddess part.
CBDT’s activity in TAR date extension matter is 100% correct.Now a days Chartered Accountant’s activity is in autocratic style.I urge the CBDT & Ministry of finance to stop the monopoly and autocratic behaviour of Chartered Accountants.It is the right time of CBDT & Ministry of Finance to include other professional (CMA’S &CS) in the ambit of Accountant definition of income tax act 1961.
Generally the benefit should go to the petitioner only, if we follow this dictum then the benefit of extension of due date should go only to the petitioners, not all the petitioners who won, can be claimed to be the representative of the entire state assesses.
The order of Rajasthan High Court is painful, because it is also by a 2 Bench Judge, but it can be set aside by Supreme Court. Moreover, under Article 336, the jurisdiction of any high court is primarily against the acts of omission and commission (or natural injustice, or arbitrariness etc)by the government. In such cases the High Court rules against the order/acts of the authority, it is not that as simple as ruling in favor of petitioners. So all those High Courts who have ordered for extension upto 31st Oct 2015, have ruled against the order of CBDT for keeping the last date till 30th Sep 2015 only.
So lawfully CBDT is at fault, they have acted without proper application of mind, and some semi literate fellow (about legal position) in CBDT has advised the chairman that order of HC shall be applicable only in the jurisdictional state, so CBDT acted smart. Government should honor the Institutions like High Courts etc, one Mr Mulayam Singh Yadav is already there to dent the judiciary, why educated officers like IAS, IRS etc should play smart with judiciary?
CA institution also appears to be spineless, they should have taken a tough stand on 30th itself, that there got to be equity among citizen of this country, that is more fundamental as per constitution than some thoughtless flaming order by any department under secretary. Can CBDT work without CAs? No!!
its very wrong thing CBDT JUST behaving sotelapan WITH DELHI
DUE TO MAJOURETY
Whether tax audit date extend or not Maharashtra??? Pls update Sandeepji
Dear Sir
But, CBDT specificaly extended the due date for the assesees of states which got favorable order. In the circumstance, Whether the other non contested states will get the benefit of ruling in CIT vs M/S. Vegetables Products Ltd. 88 ITR 192 Assessee may choose the Judgment of High Court which is favourable ?
Thanks a lot for efforts of Taxguru team and CA Sandeep kanoi..
But CBDT has ignored us seriously, they should know we are collection agent and working for Nation.
Dear Sandeepji
Kudos to you for your untiring effort in keeping us updated all the time. Hats off to you sir.
there must not be any extension. CA must plan and conduct the audit. Filing writs in High Court is wrong. Next time even if there is a genuine hardship CBDT will say go to Court and get order
CBDT should take equal decision instead of state wise this is central working process not state level its not a good decision of CBDT while CBDT know deptt issued form and utility for return so CBDT should take equal decision for India.
thanks a lot Sandeepji for all the latest updates…it were very useful to us.
since date of itr filling is extended it means date of audit report filling is also extended. Am i right ?
Atrocious , dictatorial attitude by CBDT. Income Tax Act is applicable to the entire country and hence the extension should be made applicable to the entire country. What benefit will the IT dept get by rejecting the extensions? People are not idiots to simply demand extension. Past history proves that. I am sure many would have just uploded junk only to see that the due date is followed. It is high time that we people should join and start acting against this adamant and tyrannical attitude of the department.
Now 30th september dead line is over. CBDT has shown sectarianism.Of course,SC may come to rescue of auditors and may extend the date to all states.Problem will continue in future also, the reasons are 1. procrastination( human nature to postpone) by clients & also by auditors.Sometimes ,even assessees have to depend on others to collect information,evidences etc.2.And Auditors will be busy upto 31st july with non audit cases and also with other work and we will hardly have 2 months time and 3.definitely CBDT is going to increase our work by making some amendments in Form 3CD TO EASE their assessment work.And so to have a normal peaceful life during specially September,i suggest the following
1.Those who have to get their accounts audited have to submit their UNAUDITED financial statements to the CPC by 31st May.
Advantages 1.Then we can only comment on financial statements without any accounting work 2.This will make auditees to maintain accounts on day to day basis 3.And they may even engage professionals as internal auditors to keep the accounts ready by May and with all documentary evidences 4.Auditees will engage permanent accountants instead of part time accountants 5.And as auditors ,we can only comment and we will have INDEPENDENCE to some extent.
And to have REAL INDEPENDENCE ,auditees should not have freedom to get his accounts audited by auditor of HIS CHOICE.ICAI / deptt may allot audits to CAs.
Appointing authority and paying of audit fee should not be with auditee.
If the above is not possible, the business community along with CA s should make efforts to amend penal provision to, say Rs.500/- per day of delay instead existing provision of Rs.50,000/- to 1.5 lakhs.
If the above amendment is also not possible,
SCRAP sec 44AB and this will really help us to live peacefully.And money will never give happiness and money at the cost of health,respect,happiness is not at all important.
Let us all try to have changes in audit rules and live peacefully for next year and thereafter.Remember courts may not come to our help every year and client may ask us to pay penalty if TAR and return is not filed by due date.
Remember PEACE OF MIND,HEALTH,RESPECT,INDEPENDENCE etc are more IMPORTANT.
– See more at: https://taxguru.in/income-tax/tax-audit-date-extension-status-high-courts-appeals.html#sthash.EP0YHOWp.dpuf
no satistaction on due date extension