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Case Law Details

Case Name : Vishal Garg & Ors. Vs Union of India & Anr. (Punjab & Haryana HC)
Appeal Number : CWP No. 19770/2015
Date of Judgement/Order : 31/10/2015
Related Assessment Year :

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 at after Landmark Victory in VISHAL GARG AND ORS V/S UNION OF INDIA

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

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0 Comments

  1. CA RANA says:

    The inconsistency in the decisions of the CBDT over the few days in a simple matter like extension of due date for tax returns really affects the stature of the respcted Govt Organisation of our Country, how come there is a sudden change in its stand from 30th Sept to 1st October about its decision, the maturity of the members of CBDT is in Question. Govt should really order for an eqnquiry into it, which caused a lot of inconveniences to the most of the Tax practiones in the country affecting their constitutional rights of equality.

  2. Shambhu Prasad Verma,Advocate says:

    Thanks to all Judges. The date of extend for Audit report & ITR filing upto 31st October,2015, but today is not showing by CBDT for extend the due date till 4.05 p.m on 30th sept.2015
    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.

  3. Shambhu Prasad Verma says:

    Thanks to all Judges. The date of extend for Audit report & ITR filing upto 31st October,2015, but today is not showing by CBDT for extend the due date till 4.05 p.m on 30th sept.2105.
    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.

  4. Piyush Jain says:

    CBDT either has to challenge the order of H’oble High Courts or has to extend the date.
    They have not challenged the decision so that means any which way date will be extended. But extending the date at the last hour is of no use as all the returns will be filed by then.

  5. Lakshmana K.M. says:

    The word “extension” is tension for tax consultants and Chartered Accountants from CBDT, therefore, please issue the Official press release for extension for tension free work environment for nation build.

  6. Sanjeevv Kapoor says:

    It is very strange that CBDT has been asked by three -four high courts to extend the date for Tax Audit, but it seems that it is being looked at with complete disdain.

    When the fake extension was being circulated then CBDT moved with alacrity to disown and convey that the circular was fake, but when court orders have come they are still mulling over what to do whether to issue order u/s 119 or something else.

    Special thanks to Punjab & Haryana High court for coming out with a detailed and speaking order.

    The government is of the people, by the people for the people , who believes in that god knows.
    God bless our country and our countrymen.

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