Case Law Details
Case Name : Avinash Gupta Vs UOI (Delhi High Court)
Related Assessment Year :
Courts :
All High Courts Delhi High Court
Become a Premium member to Download.
If you are already a Premium member, Login here to access.
Sponsored
CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat
In a Historic/Landmark Judgment Delhi High Court in the case Avinash Gupta Vs. UOI has although not allowed extension of due date for filing ITR for AY 2015-16 but instructed the Govt. to ensure availability of forms for tax audit from the beginning of next assessment year. The Co
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Sponsored
Kindly Refer to
Privacy Policy &
Complete Terms of Use and Disclaimer.
The other pending judgments may also be the same way , lets go immediately to the supreme court , This appears the chartered accountant association lobby is to weak
before the govt of India.
It seems that the petitioner was unable to strongly convince the Hnbl.HC……. (1) That due to late prescribing ITR forms, CA’s got less time to file there unaudited returns & left with no much time for finalizing Audits, though there was no direct nexus between ITR forms and Audit forms.(2) That, changes in ITR were uncertain and would have make some impact on reporting through audit report, hence audits can not be finalized without considering changes to ITR (That, the evidences of changes to ITR and audit report forms simultaneously could have been found and put forth th e HC in support of this claim) (3)That, form 3CB and 3CD, 3CA have been prescribed by Income tax under rule 6 G(1)(b)and might had only recommanded by ICAI. The petitioner should approach SC with new grounds. Anyways thanks petitioner for all that efforts at HC.
Leave petition should be filed before the Hon’ble supreme court against the Delhi High Court decision, it is prejudiced on the judgement. it takes long time for compliance of Tax Audit, if any thing wrong than the certificate is in stake position
please extend the date for one month
Sirs,
IT is absolutely wrong to conclude that due dates fir filing Returns of income are for CAS. It is for the assessees. Idont know why we are so much agitated about the due dates. Pity
It has to be extend at least 31st Oct 2015
Stipulation of time only for chartered accountants in India.Ther is no dead line to complete the work to others-Govt Servents,Lawyers,Judges,Politicians .
In my opinion ,it’s not the judgement but just a direction by H’ble DHC and moreover there is no justification on the non extension while agreeing with high headedness of CBDT.
There is nothing to make CBDT realise it’s wrongdoing and the price is being paid by the professionals and the assessees.
I personally don’t find any type of ,”Landmark” like thing in this judgement.
Due Dates should be for compliance purposes only. Anything which is not possible with human being to adhere something beyond his control can not be construed as due dates but violates very basic right of human being.
SINCE, CBDT AUTHORITY NOT ABLE TO OBEY DUE DATE OF RELEASING ALL FORMS AS ON 31.03.2015, IT SHOWS THAT CBDT HAS NO CONTROL OVER SOFTWARE DEVELOPMENT PERSONNEL WHO ARE ENGAGED IN FORMS DEVELOPMENT. BUT HOW CAN CBDT EXPECT PEOPLE/TAXPAYER TO OBEY DUE DATES. DUE DATE SHOULD HAVE OPENING & CLOSING COMPLIANCE.
We can approach supreme court atleast may help for future concrete / permanent solutions.
please do add one more contention: the deadline for the new Black money act is 30/09/2015. if the date is not extended, then it will hamper chances of CAs being able to devote time to the compliance under the New Act.
We are waiting for AP High Court order in WP No.30289/2015
Go To Supreme Court is Correct i think