- CA Sandeep Kanoi
- | Income Tax
- 01 Sep 2015
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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-
| S.
No. |
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
Analysis of Judgment –Landmark Judgment by Delhi HC- ITR/TAR Due Date- No Extension but direction to issue ITR forms on time |
| 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
| 28.09.2015 | |
| 27.09.2015 | |
| 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. )
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Extension of due date extendable on or before
the due date , otherwise it is value less.
Shame shame CBDT shame shame
What are the benefits regarding extension granted by CBDT on 1/10/2015 after 12 noon.
Mr Jaitly was rejected by public in election. Now I think most of Chartered Accountants loose his respect.
Mr. Jitendra Patel & like minded
First of all tell us, connection between losing election & not extending due date of returns????..
You people are so arrogant while posting here & there…
It may be case for FM that this matter is not so important in his agenda… He is a FM of Country & not ICAI or Accountants… than why are you blaming FM??… CBDT is in-charge in Tax Administration directly….. Section 119 empowers CBDT…. than do not blame FM…
As far as the CBDT is concerned, they also have right to plead themselves what they think right or wrong…. every citizen (& there is no exception for accountant fraternity) have duty as well as right to avail the Judicial Procedure for Justice (if they feel of injustice done by anybody).. After the justice process complete at one level, that judicial order has to be obeyed by everyone. The CBDT followed the same & done accordingly…
If you think you seek something from government &/or judiciary and you will be given instantly than my dear friends you all are wrong in this perception… you have to deal with the Law of Country & accountant fraternity are not above the Law of Country…
ab jaage kya faaydaa…. jab chidiya chubh gayee khet!!
Read the notification carefully—-where is the extention of date ——– its talk about TAR & ITR may be filed upto 31st Oct 15, which the assessee have no choice but to file, and that can be filed within 2 years time. So where is the legal immunity in this order. I fail to understand. Can any one correct me.
Thanx to CA sandeep kanoi ji & all other professionals for their valuable contribution.
Mr.Sandeep
Thank you finally your efforts fully rewarded by ordering extension for PAN india
Mr.Sandeep Kanoi, You have taken great efforts in giving all of us time to time updates. Thanks a ton!!!
Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes
PRESS RELEASE
Subject: Extension of date for filing of Income tax returns and tax audit reports to 31st October 2015 – regarding
The issue of extension of last date for e-filing returns of income and audit reports u/s 44AB due by 30th September, 2015 has been the subject matter of litigation in various High Courts across the country. While some High Courts have ruled in favour of the extension of due date, some others have ruled otherwise. In order to avoid discrimination between taxpayers residing in different jurisdictions and to be fair to all, and also in view of paucity of time to approach the Hon’ble Supreme Court by way of Special Leave Petition, the Government has decided that across the country, all the returns of income and audit reports u/s 44AB which were due for e-filing by 30th September, 2015, may now be filed by 31st October, 2015.
Necessary order u/s 119 of the Income-tax Act, 1961 has been issued by CBDT in this regard.
(Shefali Shah)
Pr. Commissioner of Income Tax (OSD) Official Spokesperson, CBDT
New Delhi, 1st October, 2015
I HAD COPY IT FROM I.T.SITE
Thank God… At last Government of India agreed and walk with the mind of the public. Its very sad to say that the Government which was elected by the people to rule them never listen their cry???? Just ask for 30 days extension only!!! How many days and how many hours of the Hon. court???
TO PM FM CBDT and ALL those who contested the matter in various High Courts ~ Thank you for the extention ~ at last there is solidarity prevailing in democracy ~ this is the time to be of mutual help to each other and look after all as one and not to discriminate. When you walk together you grow. There is always a way of dialogure rather than conflict. It is a GIFT to Tax Payers on the Occasssion of Gandhi jayanti. Dear Friends, start cracking no more extentions ……………… ha ha ha LOVE YOU ALL.
AFTER DUE DATE EXTENSION. IS IT FAIR ?
maximum TAR are submitted in hurry on cost of quality.
GOVT ki sochi samjhi raajniti thi
Congratulations………………….. and keep it up
CBDT ISSUES CIRCULAR DATE FOR FILLING ROI AND TAR EXTENDED to 31.10.2015 through out the country.
i have a photo on whatsapp for the same issued by principal commissioner of income tax shefali shah
The same is not on the incometaxindia website yet
Thank You “CBDT” !!!!
Thanks to CBDT, FM for extension. Special thanks to kanoi sir for time to time updatation.
Thanks a ton to Tax Guru for all professional help and support. Finally achieved what seemed impossible. CBDT should learn not to act childish and should take into consideration the plea of professionals.
finally a sigh of relief for everybody. Thanks again Sandeepji and Tax Guru for timely updation.
As I said yesterday, now extension of time on all India basis CBDT is humiliated with no limits & bounds. Its members have eggs all over their faces
Yo Now Enjoy. Date Extended to whole India.