CA Sandeep Kanoi
01.10.2015- 12.20 PM- CBDT finally extended due date all over India to 31.10.2015 – Click to Read
01.10.2015- 11.50- It seems CBDT has extended due date all over India to 31.10.2015. Pleas Read- Extension of Due Date to 31.10.2015 all over India?
01.10.2015 -9.15 AM Read Our article titled- Extension of due Date to 31.10.2015- Who can take benefit and FAQs
30.09.2015- 08.15 PM- Check Copy of Orissa High Court Judgment in the case of Jagdish Prasad Mittal Vs. Union of India. Click here to View Judgment Copy
30.09.2015 6.45 PM Bombay High Court Instructed CBDT to extend due date to 31.10.2015- Click here to View Judgment Copy
30.09.2015- 4.30 PM CBDT rejects KSCAA representation which Karnataka HC instructed to Consider
30.09.2015- 4.20 PM Download Order of Karnataka High Court (Dharwad Bench) in the case of Chandramappa Ramanna Dhavalagi Vs Union of India, WP 110253/2015- Click Here
30.09.2015- 3.30 PM CBDT Extends date for Punjab, Haryana, Gujarat and for Union Territory of Chandigarh. – CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat
30.09.2015- 1.30 PM Copy of Gujarat High Court Order Available for Download. We will upload analysis also soon. Detailed Status of Writ filed in Gujarat High Court
30.09.2015- 12.15 PM Orissa High Court has also followed the Judgments of Gujarat and Punjab & Haryana High Court and instructed CBDT to extend due date to 31.10.2015.
30.09.2015-8 AM- As per news with us CBDT is expected to issue a Press Release /Order today Clarifying their stand on instruction of Hon’ble Punjab and Gujarat High Court. Further we have not received any official or non official confirmation from any reliable source regarding filing of Appeal by CBDT in supreme court against the High Court Orders.
We would also like to inform you that as per information with CBDT has also not yet acted on instruction of Karnataka High court Judgment in which Hon’ble high court has asked it Consider ICAI representation and decide accordingly.
In this article we have summarised the status of Writ Petition filed against non extension of Due date of Tax Audit and Income Tax Return (ITR) filing for cases covered under Tax Audit Provisions, filed in various High Courts All over India. Till Date as per our information Writs been filed in Gujarat, Delhi, Jodhpur, Karnataka, Orrisa, Mumbai, Calcutta, Madras, Andhra Pradesh & Telangana and in Punjab & Haryana High Court.
Detailed Status of various writs filed in High Courts is as under-
|Case Details||High Court||Latest Status||Link for Detailed Status|
|1.||All Gujarat Federation of Tax Consultants vs. CBDT, Special Civil Application No. 15075 Of 2015, Dated-15.09.2015||Gujarat High Court||Directed CBDT to Extend due date to 31.10.2015+ Order Copy Available.
||Detailed Status of Writ filed in Gujarat High Court
|2.||Karnataka State Chartered Accountant Society (KSCAA) & Ors vs Union of India & Ors, Writ Petition (WP) 41109/2015, 41110/2015||Karnataka High Court||Karnataka high court directed CBDT to consider representation of KSCAA||Detailed update of Writ filed in Karnataka High Court|
|3.||Chandramappa Ramanna Dhavalagi Vs Union of India, WP 110253/2015||Karnataka High Court (Dharwad Bench)||29.09.2015- HC disposes petition and directs CBDT to consider representation submitted by ICAI for extension of due date.||Detailed update of Writ filed in Karnataka High Court + Order Copy dated 29.09.2015|
|4.||Vishal Garg & Ors. Vs. Union of India & Anr., CWP- 19770 -2015, Dated- 15.09.2015||Punjab & Haryana High Court||Directed CBDT to Extend due date to 31st October 2015+ Order Copy||Detailed update of Writ filed in Punjab & Haryana High Court
|5.||The Chamber of Tax Consultants Vs. Union of India & Ors., WP 2764/2015, Filed on 22.09.2015||Bombay High Court||Detailed Status of Writ filed in Bombay High Court + Order Copy|
|6.||Devendra Kumar Somani & Ors Vs. Union of India, Civil Writ No. 10974 of 2015, Dated-21.09.2015||Rajasthan High Court, Jaipur||29.09.2015- Case dismissed following the judgment of division bench of the same High Court
||Detailed Status of Writ filed in Rajasthan High Court at Jodhpur by Devnedra Somani|
|7.||Jagdish Prasad Mittal Vs. Union of India, Writ Petition No. WP(C)-17178/2015, Date- 21/09/2015
|Orissa High Court||30.09.2015- Instructed CBDT to extend due date to 31.10.2015.||Detailed update of Writ filed in Orrisa High Court + Copy of Order
|8.||V. Nagendra Prasad, Hyd & Another Vs Secretary, Ministry Of Finance, New Delhi & 2 Others, WP 30289/2015, Date of Filing 15.09.2015||Hyderabad High Court||28.09.2015- Adjourned to 05.10.2015
|Detailed update of Writ filed in Hyderabad High Court|
|9.||Rajasthan Tax Consultants Association & Anr Vs. Union Of India & Anr, CIVIL WRIT NO. 11037 of 2015 , Dated -22.09.2015||Rajasthan High Court, Jodhpur||Writ dismissed.||Detailed Status of Writ filed in Rajasthan HC by RTCA|
|10.||V. K. Tulsyan & Co. Vs UOI, WP No.1187 of 2015, Date of Filing- 24.09.2015||Calcutta High Court||Hearing has not taken place, case adjourned to 01.10.2015||Detailed update of Writ filed in Calcutta High Court|
|11.||Avinash Gupta V/s Union of India and Ors ,W.P.(C) 9032/2015||Delhi High Court||On 21.09.2015 High Court heard the writ and issued Instruction to CBDT for timely release of Return Forms. Case Heard and dismissed||Detailed Status of Writ filed in Delhi High Court|
|12.||Avinash Gupta and Ors V/s Union of India and Ors, WP(C.) of 8771 of 2015||Delhi High Court||Dismissed by High Court as in opinion of High Court writ should have been filed as PIL. Case Heard.||Detailed update of Writ filed in Delhi High Court
Some Other Relevant Events
|22.09.2015||ICAI Meeting with FM: No Concrete Decision on TAR/ITR Date|
|14.09.2015||ICAI requests FM to extend Due date of ITR & Tax Audit Report|
|09.09.2015||CBDT issued a press release and informed that there will be No extension of Tax Audit Due date for AY 2015-16.|
|10.07.2015||ICAI requests CBDT for extension of due date of Income Tax Return Filing for A.Y. 2015-16|
Some Relevant Articles written by Our Eminent Authors:-
|Demand for extension of Tax Audit Due Date: A Practical Permanent Solution – CA Satish Sarda|
|Poem on delayed ITRs and Non extension of TAR due date – CA Dilip Khetan|
|Non Extension of Date of Tax Audits & Company Audits – Adamant Views of FM & CBDT – CA Rekha Dhamankar
|TAR Due Date- Request to FM to take note of CBDT wrong doing – CA Amresh Vashisht|
|Why Extension Is Required For Tax Audit Report – CA Sudhir Halakhandi|
(Above news is compiled by CA Sandeep Kanoi based on information from various sources. We will keep updating this space with further updates on daily basis. )