Case Law Details
CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat
In the case of Vishal Garg & Ors. Vs. Union of India & Anr., Punjab & Haryana HC instructed CBDT extend due date of Tax Audit cases to 31st October 2015 from existing 30th September 2015. Its not clear if the due date for non audit cases also been extended or not for which we have to wait for official order. High Court has also issued guideline for timely issue of Income Tax Return Forms.
We would further like to inform our readers that its just Court Instruction to CBDT to extend the due date, but CBDT has not yet officially issued any Order in Compliance of High Court Order.
High Court Order is Binding on CBDT till Supreme Court Stays it or reverses the High Court Judgment. Further in case of Judgment on same issue by different High Courts, the Judgment of Jurisdiction High Court will prevail and in case of no Judgment by Jurisdiction High Court than Assessee may choose the Judgment of High Court which is more beneficial to him (CIT vs M/S. Vegetables Products Ltd. (Supreme Court) 88 ITR 192). Further Judgment by bench of High Court will prevail over Judgment of Single Judge even if the same is from Judge of different high Court.
Delhi High Court Judgment was Single Bench Judgment which goes against the Assessee and Rajasthan High Court Judgment which is also against the Assessee is by a bench of two judges.
We will share the copy of judgment as soon as same been received by us.
Please confirm also CBDT Notification before relying on the above news.
Petitioner with his counsel Advocate Hitesh Kaplish after Landmark Victory in the case of Vishal Garg & Ors Vs. Union of India
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
Some Suggested Posts related to above
NF
Author Bio
I have heard that the CBDT will be going to Supreme Court against the order of Punjab and Haryana High Court.
So be prepared for conducting the audits in time.
THANKS TO HON’BLE JUDGES AND SRI VISHAL JI, BIG RELIEF AND NO PRESSURE OF OUR TAX AUDIT WORK COMPLETED IN HONESTY
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).
the cbdt should honor the judgement of the court
Thanks a ton Vishal Garg & Others. You have done what the ICAI should have done. I am not going to vote this time. And I am contemplating writing to the Inst that there should be a no vote option on the ballot. And I also agree with other boarders that CBDT should respect the profession and accede to legitimate wishes.
We CAs are responsible citizens of India. We help the Govt. to collect right amount of taxes from the public. In spite of this the attitude of Govt. and Hon. Finance Minister is disappointing. For a such small thing we have to go to the court for the mistakes/delay caused by the babus. Our Institute should take firm stand henceforth and ask all members not to sign the audit reports in such events unless C B D T accepts our demands.
Sir
I have drafted one Partnership Deed consists of one HUF and Two Minors alongiwth 5 Major Partners for Civil Construction Contracts firms business. Now the Assessee applied Bank Loan for development of their Partnership Business. Now the Bank people argued that the Minors should be included while forming of Partnership for the firm time and they one allowed after running the firm after one or two years. Secondly they said HUF not considered as a partner and HUF consists partnerhsip firm not eligible for getting any loan from any bank as per their rules. is it correct and please clarify and give no means proof for claim of our stand that our actions are correct.
Is this date extended on all india basis
Final Order of P&H High Court Available….
Download it from following Link:-
https://taxguru.in/wp-content/uploads/2015/09/CWP_19770_2015_29_09_2015_FINAL_ORDER.pdf
Good..
Good Job Vishal Garg
It’s to relief thanks sir
dhanywad all assositen
The best site amongst all providing latest information about extension of time. The people of Bombay have got specially big relief due to Punjab & Haryana High Court decision in particular apart from Karnatka as there was big celebration due to Ganesh Pooja which culminated a day before after seven days.
Waiting for notification form cdtd.
thanks.let us find permanent solution for this issue.Let us live happily peacefully even during days of audits.Procrastination( human nature) of assessee will also cause problem.So let harsh penal provision amounting to 50,000 to 1.50 lakhs be changed to penalty based on days of delay ,maye Rs.250 to 500 perday subject to maximum of 1.5 lakhs
we are very thankful to ho’ble highcourt punajab & Haryana . Respected sir taken a very good decision in favour of all indian. And also thank to Vishal Garg he gave so much your valuable time to given the happiness to all.
we regards
WELCOME DECISION OF P & H COURT CBDT HAS TO LISTEN OUR GENUIUE DEMAND AND NOT MAKE UNTOLERABLE PRACTICE TO WRIT FILED IN COURT EVERY TIME
superb
thanks to Vishal Garg & Ors
Is this binding only in Punjab and Haryana jurisdiction or all India?
At last a Court with ears and heart for people who fund the Govt by paying taxes.
Great effort by Taxguru in dissemination of information.
Just checked the Govt site. Last date for ITR submission is 30th Sept 2015
Thanks God & Everyone who tried for the cause
Very Much Congratulation to Vishal Garg & Ors. To release pressure from us Cheers.
THE EFFORT OF VISHAL GARG & OTHERS, NICE, Congratulations,.BEST DECISION BY PUNJAB COURT, THANKS LOT……
really need to reflex & reboot. If date has extend.
Thanks a lot to Vishal Garg, Haryana Court and all the petitioners.
Thanks to Vishal Garg & Ors. for their efforts and thanks to Punjab & Haryana HC for extension of due date for ITR & TAR
jai shree shyam hare ka sahara
Thanks a lot Mr. Garg and Punjab HC
Great achievement for audit cases at large.
is the date of audit report extended?
Very good. Why should we go to court every time for our trouble shooting?. We are the professionals and tax payers of our country who plays very vital role in tax collection and contribution to government exchequer. The govt and the CBDT SHOULD HONOUR US.
Instead they are insulting us by knowingly ignoring our reasonable demand.
Govt and CBDT must create a mechanism for the dates between ITR and TAR report publication and due date of filing of the same.
A very Thanks to Vishal Garg and Haryana Court. ” It happens only in INDIA”
thanks to Vishal Garg & Ors. for filling and winning this case. he bhagwan cbdt walo ko sadbudhi de. pichli bar harne ke bad bhi is bar bhi jid kar rahe the.
THANKU VERY MUCH SIR, WELL DONE & CONGRATS
We , ordinary Indian Citizens, Sincerly thaking the Hon’ble High Court of Punjab and Hariyana for rendering justice and Many many thanks to Vishal Garg & Co., fighting a lonely battle on behalf of all pracing members all over India and our whole hearted thanks to Mr.CA Sandeep K and Tax Guru professional for unrelenting hardwork and pursuing this matter to the logical end ( Like Shree Hanuman, without expecting any return ) for the cause of fellow professional members . Thanking you all sir once again !
Thank you very much Mr Vishal Garg and others for your efforts . Congratulations.
good
Atlast Some Gud news has come ! Still need to wait for CBDT Official Press Release
thanks god
Congrats & thanx Vishal Garg and other
Is it true???
Is this date extended on all india basis
Has the extension really been given, if yes, when can we expect the official notification from CBDT?
Finally!!
10000000000 claps for punjab & haryana high court…..a big relief for everyone..
Hurreyy….