CA Nitesh More

As per verbal talk with the CA Swadesh Gupta, a counter affidavit was filed by CBDT in high court stating that there were no service validation error, so we require evidence to prove that there were service validation errors in ITR and Tax Audit Report Filing.

1) A committee of 4 persons has been formed to negotiate with CBDT on issue:

a) CA Swadesh Gupta

b) CA Prem lata Bansal

c) Two representative of ICAI

2) On 16.10.2013, there will be submissions presented before the CBDT, therefore all are requested to send the snapshots available with them at Format is attached

3) On 21.10.2013, there will be meeting of above committee with CBDT to resolve the issue & settle the things.

4) Next Hearing at High Court will be on 24.10.2013.

Editors Note – At I am surprised to see such affidavit from CBDT. I my self being in Practice, I know how much validation errors we faced in Filing of Tax Audit Reports till the last date of filing and the fact further proved by one after one release of revised utility of tax Audit Report by CBDT itself. members are requested to give their opinion on the issue.

Also Read- HC formed committee on Non extension of Due Date of tax Audit Report

Read Other Articles of CA Nitesh Kumar More

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  1. Aloke Ghosh says:

    Dear Professional Colleagues and friends,
    By this time you must have experienced different problems that we have to face in filing the returns as well as cumbersome new 3CD which as has been introduced at the whims of the Authority at the mid of the year. It is also fact that while filing returns we do not keep snapshots and if this is also included in the provision of the Act we shall be compelled to take that. So please di it. I have experienced today itself while uploading ITR 6 and neither any error has been shown nor I have been able to upload the form for the reason best known to the Authority.

  2. shankar sharma says:

    I am Govt. employee. I have purchase old house in the name of my wife who is a house wife. I had got house loan on the above said house from LIC in the name of myself and my wife. Can I get rebate on HBA?

  3. Vijay Chandak says:

    I agree with mr Sethia that normally snapshot of errors are not kept and it is ridiculous that CBDT is indifferent to the the genuine difficulties faced by Assessee’s and their counsels. Till 23rd September number of times the software was updated and every time one or the other problem was persisting. That on 30th September the server of department was not functioning properly and in the evening even for filing or uploading one return it was taking more than an hour. Still CBDT if do not recognise the problem, god save them. Vijay Chandak, Advocate.

  4. Sagar Jayawant says:

    “Return bharne ki
    Mohorat hi maine mongee thee
    Bharna chaha tha
    Chipana to nahi monga tha

    Remember old song “Teri jhulpho se”?

  5. Ashish says:

    Something that can help the CA fraternity build their case is a minute by minute analysis of the of returns filed on the last day and the number of attempts they took before they could upload it.
    Can that be done via filing an RTI?
    If yes, this could really help

  6. Sagar Jayawant says:

    Thanks for the efforts taken by you. Please let us know the conclusions of the meetings from time to time. Sometimes I feel that we Chartered Accountants make representations, make requests, carry tensions for which we are not responsible for. Why don’t we have practicing chartered accountants’ representative in CBDT itself?. We have no inside representative anywhere. Why can’t we keep our offices closed on one day and take out a huge morcha to Income Tax Offices?

  7. Akhilesh Srivastava says:

    Yes, there were errors while uploading Tax Audit Reports. How CBDT reached at conclusion that there were no errors on 30th September, 2013. Several CAs approached to I.T. offices late night or next date to make receive manually audit reports.

  8. Sanjeev Puri says:

    Dear Sir,

    Is the writ petition only vis-a-vis non filing of audit reports. Will not it cover late filing of Returns eg. those Returns in which there was a loss but could not be uploaded due to server problems, hence loss will not be allowed to be carried forward.

    Sanjeev Puri
    Chartered Accountant

  9. Karan Saluja says:

    As on 30/09/2013, the income tax site was very slow and most of the times it gave a message that ”Temporarily Service Unavailable , please try later”. Thereafter also the site was working very slow that 1/2 hour time was required to file 1 Tax Audit report.

    Looking to the matter , Please Do the needful in the matter.

  10. ADITI JAIN says:

    There was an error in uploading the Tax Audit Report.
    The e-filing site was poorly responding on the last date because of which we were unable to upload the Tax Audit Report.
    Only after uploading of TAR the question of validation arises.

    The CBDT & concerning persons must understand this practical problem.

  11. ADITI JAIN says:

    There was an error in uploading the Tax Audit Report.
    The e-filing site was poorly responding on the last date because of which we were unable to upload the Tax Audit Report.
    Only after uploading of TAR the question of validation arises.
    The CBDT & concerning persons must understand this practical problem.

  12. DKMOTIWALA says:

    Dear sir , we have taken more than ten snapshot on 30.09.2013 between 7.30 to 12.30 when website was not working properly . Ca`s from all across the country including Rajasthan , Haryana , Bihar , Kolkata with whom I was in touch has the similar experiance . I shall try to provide the same and collect from other members if they have the same .
    Why not we should file a counter Affidavit in court . I think all most 70 % practising Chartered Accountants face the same problem .Court must realise the truth .

  13. UDIT says:

    Thats is what you call misuse of all the powers you have and leaving the onus of prooving the default on the asseessee. This means that every sufferer has the onus to prove that he has suffered . Don’t know how many sufferers remember to save the proofs at the time when they were suffering with a given problem.

    Govt. of India and Govt. Departments zindabad for their hitlorism against the common man .

  14. romy jaipuria says:

    CBDT as not provided proper help-desk system so that error to be reported to them directly Specially in this efiling audit matters. software developers can provide Most Specific details of validation error. I ask ICAI to ask software developers for that. such as Taxpro. Chartered info System Nagpur

  15. s prakash says:

    It is surprising to know that the affidavit has been filed by CBDT.It is further surprising to note that the BUREAUCRATIC approach of the CBDT. I hope all will remember that a massage was flashing in the e-filing web of the CBDT that the latest validation utility has to be used for e-filing and if the e-filing is done by using other software CBDT is not held responsible for the mistakes in validation and e-filing.In this contest the government should think of appointing the professionals from all the circles as members of the CBDT and not the BUREAUCRATS.More over it is not possible to keep the printout of the error messages from the portal of the e-filing.I do really appreciate the efforts of the CBDT, but on the practical issues like this the CBDT should show little positive approach and not adamant attitude.

  16. romy jaipuria says:

    its download latest schma from e-filing website form other than itr 2012-13 you will see date modified 25/09/2013 of all schma files, next day order u/s 119 issued.

  17. romy jaipuria says:

    ) The assesses, who are presently finding it difficult to upload the prescribed Reports of Audit (as referred to above) in the system electronically may also furnish the same manually before the jurisdictional Assessing Officer within the prescribed due date.

    this order itself proof that department was in knowledge of fact that there was problems faced by assesses in e-filing of audit report. how counter view have been taken by department

  18. sandeep vijh says:

    I had taken screen shots of the message “service unavailable. please retry later” and these clearly show that the server of the department was not functioning properly. This factual position based on evidence can be highlighted in the committee or the High Court. Please let me know were the screen shot files are to be forwarded.


    CBDT should not file a wrong affidavit in court and must exercise the powers given to him for removal of difficulties of taxpayers or a class of taxpayers. By filling a wrong affidavit and misleading the court you may win the case but remember CBDT will loose the other side i.e. tax professionals who devoted their lives to build a culture of compliance. The CBDT may respect any individual tax consultant but must respect the other regulators in the field. A very sad day for the country.

  20. Manoj Sethia says:

    Dear Professional Colleagues,

    Normally we do not keep snapshots of errors, but this case will compel us to keep every record of departmental errors and hurdles. It is not expected of CBDT to be so much indifferent to such issues.

    CA. Manoj Sethia

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October 2020