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Karnataka HC directs CBDT to Consider representation on Tax Audit/ ITR Due Date Extension

In these writ petitions, the writ petitioners are asking for some extension of time for submission of income tax returns in respect of certain categories of assesses, including the companies, firms and individuals

HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2015

Writ Petition Nos. 41109 and 41110 of 2015 (T- IT-PIL)

1. Karnataka State Chartered Accountants Association

2. Sri.Raveendra S.Kore

Vs.
1. Union of India
2. Central Board of Direct Taxes

These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare the decision of the respondent Nos.1 and 2 vide its press release dated 9.9.2015 vide Annexure-A as null and void and in contravention of the provisions of Part I I I of the Constitution of India, by virtue of which, the respondent Nos.1 and 2 has not extended the date of filing of returns due by 30.9.2015 for assessment year 2015-16 for certain categories of assessee’s including companies and firms and individuals engaged in proprietary business/ profession, etc., whose accounts are required to be audited in terms of the Income Tax Act , 1961, and, etc. These petitions coming on for Orders this day, the Acting Chief Justice made the following:

ORDER

In these writ petitions, the writ petitioners are asking for some extension of time for submission of income tax returns in respect of certain categories of assesses, including the companies, firms and individuals, engaged in proprietary business/ profession, whose accounts are required to be audited in terms of the Income Tax Act , 1961.

2. I t is a domain of the Indian Government and the Central Board of Direct Taxes.

3. We direct the Central Board of Direct Taxes to consider the representation at Annexure- ‘C’ to these writ petitions dated September 15, 2015, peremptorily by September 29, 2015.

4. With this direction, the writ petitions stand disposed of.

5. We make no order as to costs.

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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

Categories: Income Tax

View Comments (43)

  • Dear All

    This is Very Important for all companies , Firm, Corporate sector that date have to extent that they have to fill Return without any penalty.

    Please please extendt

    i am making depreciation chart that was onlly 1-2 days working but after company Act 2013 time taking 10-15 days

  • Dear all,
    There is requirement of making an amendment to the Income Tax Act,1961, by incorporating a provisions for INBUILT EXTENSION FOR FILING OF ITR DATE AS WELL AS APPLICABILITY OF INTEREST THEREON EQUIVALENT TO THE NUMBER OF DELAY IN DAYS WHENEVER THERE IS A DELAY IN RELEASING OF ITR FROM THE AUTHORITY CONCERNED, so that the all concerned with the ITR filing need not to approach the authority concerned for the extension of time and there by ending the ambiguity in the matter.

  • Sir,
    In my opinion Karnataka HC have to specifically directed CBDT to extend the time till 31.10.2015. But in the judgement, they directed the CBDT to consider, it is not fare.

  • Inability to issue new ITR-4 form in time and asking to file the return by 30/9/2014 is atricious. ITR-4 return must be extended by 31/10/15.

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