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 :
Courts :
All High Courts Gujarat High Court
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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.
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Author Bio
I am still not sure whether, CBDT will extend it for whole of the country.
Needless to say, CBDT has option to approach SC against order of Hc of P&H and Gujarat.
Punjab and Haryana and Gujarat HC have ordered CBDT to extend the due date,
I am still not sure whether, CBDT will extend it for whole of the country.
There is a possibility that, it will extend it only for those respective states.
Rajasthan and Karnataka HC have declined to go into the issue being a policy matter and domain of Government. They have directed the Government to take into consideration the submissions of petitioner.
Ofcourse, direction does not mean an order.
Delhi has specifically denied extension. But it has not ordered that, CBDT can not extend it.
CMAs & CSs should get concentrated on their own field. pls donot get happy in anticipating some shares from CAs area,
Don’t say that the audits will go to CMAs or CS. They are not trained in accounts and audit as ICAI does. First think yourself high and if the Government does, then it is for the Government paying way for making witchery to itself. First of all the CA Act 1949 is enacted under an act of Parliament and ICAI is a statutory autonomous body like CBDT and we are no way lesser than that of CBDT. We must join together and represent through our Institute to amend section 44AB to file the audit report along with Return of Income so that every year all CAs and Assessee’s need not worry about the dates and to represent to CBDT for extension of time. Even this move will improve the quality of audit report. The aim of the Tax Audit Report is to make an easy assessment by the Tax Authorities. The due date is not at all required since without filing returns the AO cannot do any assessment on the basis of TAR. The assessee is having time upto completion of that Assessment Year to file his returns without any penalty. Hence this 44AB due date should be scrapped. This is used only to threaten the assessee’s and our elected people representatives (many of may be businessman) never bother about this. The only community bothering about the assesseee is only CAs.
RESPECTED ALL,
KINDLY REPLY_______
WHO WILL BE BENEFITED ?
AND WHO WILL BE LOSER.. ?
CBDT hosh me aao . P&H hight court and Gujrat High Court ke due date extend karne ke order karne ke baad bhi CBDT ko samajh nahi aa raha ki vo kitna galat chal raha hai. Lagta hai ye CBDT Modi va Jetly ki dhoti utarwa ke hi chain lega.
THANKS TO ALL PETITIONERS
oh no my work allready finished
Tax Guru has done excellent work by updating the developments in various High courts.
Thank you
government needlessly converted non-issue into issue because in any case it was getting interest for delayed payment and it was not at loss. Besides, by one stroke , Arun Jaitely’s threat to rope in CWAS /CS has helped this government lose its ” ease of Business’ image ‘ in a big way
Can anybody clarify whether the extension is for both type of companies i.e. Companies covered under Tax Audit and companies not covered under tax audit .Further if CBDT is going to Supreme court then what further delay
is the judgement of Punjab & haryana & gujrat is applicable to whole India?????
Thanks to all Petitioners and judges
Thanks to one and all but CBDT is not budging.
good battle with arrogant GOVT
We should wait for CBDT press release or notification.
“THANKS TO ALL PERSONS WHO TOOK THE INITIATIVE FOR EXTN.OF DUE DATES IN VARIOUS HIGH COURTS”
It is time to get cost accountants for tax audit too.Politics of the CA institute has kept it out .Now its amply clear that the CA’s can’t handle this alone —they cannot keep out other professionals and at the same time not be able to do the work themselves.
The standing committee of parliament has too recommended CMA and CS for tax audit …the DTC bill got scrapped …very surprisingly.
congrates for efforts
Thanks to High Court Judges… on this historical judgement against CBDT…CBDT now has to be extend date forcefully in order of HIGH COURT…Again thnx a lot to all appellates
WE ARE VERY THANKFUL TO ALL THE INTELACTUALS WHO EFFORTS MORE AND MORE REGARDING EXTENSION OR DUE DATE OF 44AB
Only date of ITR filing is to be extended… what about TAx Audit Report filing date
Just love the judgement … its like a night mare all these 15 days
THANKS TO ALL PROFESSIONALS FOR THESE EFFORTS
THANKS TO ALL PROFESSIONAL FOR THESE EFFORTS
PUNJAB &HARYANA HIGH COURT ALREADY ORDER IN THE MORNING FOR EXTENSION THE DUE DATE UPTO 31ST OCT 1015
High court ka judgement ITR ke liye h ya tax audit ke liye bhi..please clarify..
Thanks to all petitioners to use their efforts and allot time for us
enjoy & happy diwali bcoz diwali is in november after a long time. so book travel ticket for you and your family to celebrate vacation.
Thanks a lot for all hard workers…………………….
Kudos to Soparkar Sir
date extended only for ITR or for both i.e. ITR & TAR???
This is the victory of Public Demand in Public Interest, at this moment I haven’t closed the eyes since last 79 hrs. and the CBDT People are still Sleeping behind the Fake Circular which got routed in the name of Govt. Of. India, Govt. is celebrating the digitalization thing but before celebrating something get round up around the culprits of the Fake Circular. and last but not least It was a shameful attitude of the CBDT Authority to not hear the voice of public demand.
Thanks to the Judiciary to get involved into the matter for which the Govt. Officials could have easily solved out with negotiation with representation of various CA’s. and Tax Consultant society and association, But here I would like to also write that in the hole matter where gone the tax payers for whom we ware fighting. there was not a single representation by any trade unions or traders association or business unions.
What CBDT will do now in next two days. it must issue notification in time so that the same has some meaning otherwise once the TAR are filed there is no point in issuing notification or going to supreme court
It is very happy but is fine if it comes earlier. Grateful to all the petitioners.
THANK YOU ALL
Thank you to all for their efforts ..!!
Good
Have received Gujrat High Court Order copy
Central Government should have extended the time suo moto to avoid embarrassment.
thankyou so to all petitioner ,thank you so much
Thanks for all petitioners and congrats for winning the case. What CBDT is planning for next course of action?
Thanks for giving quick update on the above subject.
CBDT DECIDED TO GO TO SUPREME COURT AGAINST THE ORDER OF PUNJAB & HARYANA HIGH COURT OF EXTENDING THE DATE OF FILING OF INCOME TAX RETURN (AUDIT).
thanks a lot bt what is next step of CBDT ?
Great Effort.. Hats off to All……
just waiting for Mumbai
thanks a lot to all those who are responsible for extension judgements
Thank you!!!! for all the efforts and time!
GUJRAT HI HAI SABSE PYARA SAMJHDAR
Thanks to all petitioners and High Courts for giving justice.