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Case Law Details

Case Name : All Gujarat Federation of Tax Consultants Vs CBDT (Gujarat High Court at Ahmedabad)
Appeal Number : Special Civil Application No. 15075 Of 2015
Date of Judgement/Order : 15/09/2015
Related Assessment Year :
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CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat

After Punjab & Haryana High Court the Gujarat High Court also directs CBDT to extend the due date for Filing of ITR to October 31st in its Judgement today.

The case was argued by Saurabh Soparkar.

Do Read-

Please confirm with Court Judgment and also with CBDT Notification before relying on the above news.

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

Tax Audit Date Extension- Status of High Courts Appeals

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0 Comments

  1. Sarita Kejriwal says:

    CHARTERED INSTITUTE ALWAYS WANT TO INTERFERE IN OTHER DOMAIN SUCH AS NAME CHANGE OF ICWAI. SECTION 14A AND 14AA EXCLUSIVE DOMAIN OF COST ACCOUNTANT ONLY. WHY CA’S ARE ENTERED THERE ? WHAT WAS THE LOGIC ? IF CA ‘S WANT SHARE IN 14A & 14AA ETC. ON THE SAME LOGIC THEY WILL HAVE TO SHARE INCOME TAX (TAX AUDIT) WITH CMA’S.

  2. PRAKASH TAPARIA says:

    Nowadays Chartered Accountants (CA) in India are mostly workings as brokers of Tax officials and Bankers. Almost all CA’s are simply selling their signature to business community busy in negotiating with tax officials and bank officials and they can sign any balance sheet blindly. CA’s work as middlemen between loan seekers and bankers and they can manipulate the entire accounts picture and get handsome amounts as fees .

  3. jaideep says:

    If by giving tax audits to CMA’s means that cost audit too must be opened up then financial audits too should open up for all.

    CA’s have all wrong conception that all audits can be done only by them…..VAT , Service tax, Excise , Internal audit and now IBA recommended stock and concurrent audit for CMA’s too…

    The CA institute plays politics….the name change of the cost institute was opposed by ICAI-CA…..it seems CHARTERED ACCOUNTNTS ARE FRIGHTENED OF COST ACCOUNTANTS…

  4. ABHISHEK BARDIA says:

    CA is a profession of dignity i am not going to speak too much about other professions because if govt has given us the privilege they must have deeply thought about it. so rejoice! dates should be extended it is the fault of CBDT for this sophomoric behaviour.

  5. AKASH SAJWANI says:

    cost account CMA, CS , LLB , ETC. all this courses must be cancelled and only one courses should be there for all financial services i.e CA . person who will pass CA exam should only be authorized to do all work. ( DONE DONE FINAL IT )

  6. Rajgopal B says:

    This Govt talks of ease of business but is behaving in an dictatorial and brash manner. Due to the delay on their part, work got delayed earlier and they do not even have the courtesy to give some time for completion of the rest of the work. Despite many people going to Courts and making this very logical and fair request, the Govt is indulging in plain ‘dadagiri’. This has offended a large number of assessees and professionals too. Very timid behaviour on the part of this Govt.

  7. V.K. subramani says:

    It is time CBDT gracefully accepts the courts decisions and extends the due date for both filing of return of tax audit cases and filing of tax audit reports.

  8. M V Joseph says:

    I think it is only in india CA’s allowed to work in the field of Accounting, Audit and Taxation, which CA’s made it monopoly and used to protect only their interest and manipulations without considering national interest, ordinary people and their requirement. If Cost Accountant are included in the definition of ‘ Accountant ’ under the income Tax Act ordinary people and corporate world would get best professional services at competitive prices.

  9. Ram Prakash Gupta says:

    Now a day’s Tax Audit is just required a stamp of CA nothing more. In my view allowing these two (CA’s & CMA’S ) under the definition of Accountant will create an enhance quality & competitions. Then only general masses will be benefitted with the quality and standard of performance at competitive prices.

  10. SUDIPTA MAJUMDAR says:

    As Tax Audit matters the institute of Chartered Accountants of india demands that CA’s are very much expertise in Taxation, Accounts & law matters compare to other professionals. But Sir , those days are gone , at present CMA’s is very much capable and have good knowledge in Accounts, Taxation,& law matters rather than CA’s.The clients should have the right to choose the right auditor that may be CA’s, or CMA’s

  11. VIVEK SEHGAL says:

    Thanks to the petitioners who have moved Writs in Punjab H.C and Guajrat H.C and perused the case inspite of professional commitments. I am also thankful to the judges of these courts in taking bold decision. I am, also surprise why Hon’ble Delhi High Court did not gave bold decision. The present judgments are big blow on CBDT which fails to understand the problem of Tax professionals and their staff who are working very
    heard and have not even taken any break. The govt. fails to understand the mental pressure on the professionals and due to various changes, it is really impossible to complete the work.

  12. Adv. Vishal Raval says:

    Thanks to all petitioners and High Courts for giving justice. I just dont understand what was CBDT doing all this months prior to provide returns. That should be asked by the court to the CBDT.

  13. Sanjay Agarwal says:

    TAX AUDIT IS NOT A ROCKET SCIENCE SO WHY NOT COST ACCOUNTANT (CMA) ARE CONDUCT TAX AUDIT RELATED MATTER ? TAX AUDIT WAS INTRODUCED IN THE YEAR 1984 U/S. 44AB OF THE INCOME TAX ACT WHICH IS MADE ONLY BY A CHARTERED ACCOUNTANT. FROM THAT YEAR MONOPOLY AND CORRUPTION WAS STARTED . IF GOVT. WANTS REVENUE AT FIRST OTHER PROFESSIONALS LIKE CMA’S MUST BE INCLUDED IN THE DEFINITION OF ACCOUNTANT UNDER I.TAX ACT 1961.

  14. NABANEETA MUKHERJEE says:

    It is very much argent to change the Accountant Definition under income tax act 1961 and to include CMA’s & CS under accountant definition and stopped the monopoly of Chartered community. In Europe, America, Canada Govt. authorize many profession institute to conduct audit .So why not in India other professional such as CMA’s & CS’s are authorize to conduct Tax audit ? Monopoly of one institute is always dangerous for the country so it is the right time for the Govt. to include CMA’s & CS’s under Accountant definition of income tax act 1961.

  15. virender thakur says:

    demand for extension is totally unreasonable. We professional are poor people which leave their work for last minutes . Why people not able to get their accounts finalized even after Six month from the close of the financial year. Very strange. Govt should go to the Supreme Court against the orders of the courts for not extending the due date. Then only we professional and our clients can only maintain discplain

  16. Adv.Sudarshan Dargad says:

    Gujrat HC & Punjab & Hariyana HC has rightly delivered the justice to CAs & tax professionals. This is a tight slap on the face of CBDT, FM and their adamant behavior. It was very meritorious case and the extension was just reasonable demand.Its hightime, all the tax professionals should unite and keep fighting with this evil and notorious acts of cbdt to treat the professionals as bonded labours and not hear their reasonable cry and pains. Congratulations and thanks all petitioners for their efforts and taxguru for timely updation and giving interactive platform to the professionals

  17. Arun Deshmukh says:

    I am not a C A.
    I am an ordinary citizen of this nation helping my son to maintain his books of accounts who falls under Tax Audit.

    It is really painful that our adamant Government is not listening to most learned and talented peoples’ reasonable request for extension of date by 15 days or a month for filing Tax Returns and Audit Reports. As a results they are entailed to knock the doors of judiciary.

    Chartered Accountants and Tax Consultants are the extended arms of nation’s financial treasure who act as a guiding star for taxpayers and help the Government to streamline the inflow of revenue.

    I feel, instead of sue motto extending the date the Government officials have made this a prestige issue.

    at least in future the reasonable and rational demands be handled by them with due sensitivity.

  18. Raghavendra says:

    Thanks to all petitioners and High Courts for giving justice.

    it is understood that if the extension is all over India, and it is not differentiate in state wise,

    and it is extended for both Tax audit as well as reports filing

  19. Rajesh says:

    CBDT has dont Know ? Which tax return is most important ? Tax Audit or without tax Audit ? They can extend due date of filling ITR without tax audit for next one month and again for next 7 days of sep 15. Then why they not extending the date of Tax Audit Report and ITR form. They are working for benefit of Public ? or for themself ? CBDT acting as a small baby who dont know what he is doing ? right or wrong.CBDT acted only by seating and All C A and Tax consultant acting as a practically in the market they are the facing problem and not CBDT ? It is easy to say date will not be extend but dear CBDT Please once travel in the Industries and understand the situation of Industrial market how they are working and paying taxes and complying the legal formalities. And you are hesitating to extending the date ? These struggle of CA Industries and assesses means India is marching towards backword.

  20. CA Deepak Soni says:

    I HAVE NEVER SEEN THE HEIGHT OF ARROGANCE WHICH WAS WITNESSED ON THE ISSUE RELATING TO EXTENSION OF DATE FOR FILING THE RETURN. THE BUREAUCRATS LEAVE NO CHANCE TO CREATE HARASSMENT TO THE TAX PAYERS. THEY DINE AND WINE AND TH TAX PAYERS HAVE TO PAY FINE. MAY GOD I THE NEXT LIFE GIVE ME BIRTH IN ANY OTHER COUNTRY BUT INDIA AND IF I HAVE TO TAKE BIRTH IN INDIA MAY GOD GIVE A GOVERNMENT JOB.

  21. Yogesh S. Limaye says:

    Irrespective of outcome about extension of due date for filing of return and tax audit report, I must congratulate all those who carried the matter to High Court and fought the same.
    🙂

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