CA Sandeep Kanoi

CA Sandeep Kanoi01.10.2015- 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

Bombay HC criticises CBDT move of extending of ITR due date for only two states & one Union territory & extended due date to 31.10.2015

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

Bombay HC criticises CBDT move of extending of ITR due date for only two states & one Union territory & extended due date to 31.10.2015

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 dateCA 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 doingCA 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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Category : Income Tax (28782)
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0 Comments

    1. RiddhiSiddhi says:

      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…

    1. Shailesh says:

      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.

  1. S.S.Shah says:

    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

    1. Biju Paul says:

      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???

  2. mukesh says:

    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.

  3. Karthik says:

    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.

  4. VP Shastri says:

    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

    1. Hegde says:

      Really shocking.Whether Finance Finance Minister feels Income Act is State Act or Their own.They have rejected direction of Karnatak High Court even after after 4.30 p.m of 29/9/2015.CBDT AND Finance Minister behave like dictatorship and give no heed to ICAI,HIGH COURT JUDGEMENT,CHAMBBER OF COMMERCE REQUEST ETC.KINDLY MR MODI SHOULD SACK BOTH FINANCE MINISTER AND CHIEF OF CBDT HEAD FOR THE INTEREST OF THE PUBLIC IN LARGE.

  5. NAVIN KUMAR RANCHI says:

    Its really tough to understand the decision taken by the CBDT. Actually we were fighting for all. What are the basis of this discrimination is beyond my comprehension. Still hoping for extension for all.

  6. CA SANDIP says:

    By extending only in 2-3 states, CBDT exactly doing what the British Government was done at the time of leaving our country i.e. divide and rule……..2 days back we all are asking for whetger date has been extwnd or not for PAN India but now CA of maharashtra asking for extention in maharashtra, CA of West Bengal asking fir whether date has been extend in bengal or not…….basucally they divide our unity by dividing the state wise extention………..In my opinion we should unite ourselves and put pressure through media……

  7. HARIPRASAD G says:

    Now 30th september dead line is over. CBDT has shown sectarianism.Of course,SC may come to rescue of auditors and may extend the date to all states.Problem will continue in future also, the reasons are 1. procrastination( human nature to postpone) by clients & also by auditors.Sometimes ,even assessees have to depend on others to collect information,evidences etc.2.And Auditors will be busy upto 31st july with non audit cases and also with other work and we will hardly have 2 months time and 3.definitely CBDT is going to increase our work by making some amendments in Form 3CD TO EASE their assessment work.And so to have a normal peaceful life during specially September,i suggest the following
    1.Those who have to get their accounts audited have to submit their UNAUDITED financial statements to the CPC by 31st May.
    Advantages 1.Then we can only comment on financial statements without any accounting work 2.This will make auditees to maintain accounts on day to day basis 3.And they may even engage professionals as internal auditors to keep the accounts ready by May and with all documentary evidences 4.Auditees will engage permanent accountants instead of part time accountants 5.And as auditors ,we can only comment and we will have INDEPENDENCE to some extent.

    And to have REAL INDEPENDENCE ,auditees should not have freedom to get his accounts audited by auditor of HIS CHOICE.ICAI / deptt may allot audits to CAs.
    Appointing authority and paying of audit fee should not be with auditee.

    If the above is not possible, the business community along with CA s should make efforts to amend penal provision to, say Rs.500/- per day of delay instead existing provision of Rs.50,000/- to 1.5 lakhs.

    If the above amendment is also not possible,
    SCRAP sec 44AB and this will really help us to live peacefully.And money will never give happiness and money at the cost of health,respect,happiness is not at all important.

    Let us all try to have changes in audit rules and live peacefully for next year and thereafter.Remember courts may not come to our help every year and client may ask us to pay penalty if TAR and return is not filed by due date.

    Remember PEACE OF MIND,HEALTH,RESPECT,INDEPENDENCE etc are more IMPORTANT.

    1. Sunil Jaithwar says:

      Mr hariprasad what are you talking ? Even for extension of dates CBDT has made us beggar. In case of allotment of audit by Government you will again be involving Bureaucrats and increase corruption. Those having money power will only get audits and others will be again at the mercy of Big Firms. How many Partnetship Firms and Companies other than those who are listed keep prepare their accounts by 31st May .The proposal is not at all workable

  8. Ramesh Thakur says:

    CBDT’S activity or movement about tax audit matter is 100% correct. Why CBDT extend the TAR due date? It is very much necessary to include other Professional (CMA’S & CS’S) in the ambit of Accountant definition of income tax Act 1961 and stop the monoply and dadagiri of Chartered Accountants.

    1. RAMAKRISHNA says:

      ALL OF YOU TO KNOW GUJARAT STATE IS BORN STATE OF PRIME MINISTER. OTHERWISE TO SEE ANGRRY THE CBDT CHAIRMAN AND FINANCE MINISTER BY P.M. THEY ARE FOLLOWS DIVIDEND RULE

  9. sunil bhatia says:

    Do we need ICAI? WE SHOULD ICAI ELECTIONS AND MUST UNITE TO LOOK INTO LEGAL REMEDIES AGAINST CBDT ORDER. I AM READY TO CONTRIBUTE AND MUST HIRE SOME GOOD LAWYER TO REPRESENT OUR AND SHOULD NOT DEPEND ON THESE SPINELESS ICAI TO DEFEND OUR RIGHTS AND MUST FIGHT UNITEDLY AGAINST THIS DIVIDE AND RULE POLICY OF THE GOVT AND ICAI.

  10. ABHISHEK RAI says:

    Dear All

    It’s now all over for CBDT. They have done away with all they could have done. Please make sure that CBDT pays for its sins

  11. azhar and co says:

    for god sake please stop this political game of our a developing country this orders of courts clearly indicate the two faces of the indian government whether the due dated extended states in which the current government is ruling has already paid the tax dues or the not extended states are treated as far behind from them why this step mother treatment from CBDT and the indian government. all the states are the parts of India only but why there is so much of difference of opinion while making such a crucial decision or the due the not extended states are far behind the from paying the due of taxes we are all indian first and have equal right to fight for our rights AND ALSO WHAT IS USE OF EXTENSION after so much of hardwork and dedication by the members of the accounting community this shows a huge question mark on the ability of the both government and its associate agencies??????????????????????????????????????????????????????????????????????????????

  12. Jitendra Bhanushali says:

    1.CBDT should approach Supreme Court and obtain Stay on all extensions to prove that we all Indians are equal, irrespective of the state we are living. One state getting extension and other is not getting its not right.Jo sabka Hoga dekha jayega. Atlest sab state saath me to rahenge.

    2.Scrap section 44AB on immediate basis.

    3.Scrap ICAI also, whats the use, if they dont have any saying about their members.

    4. Pass a strict law by Parliament that CBDT will be supreme Authority above all, even High Courts can not give them orders.

    1. Aniket Thosar says:

      I agree with your opinion, All the states should be treated equally. CBDT should not play political games.
      And let CBDT rule the India, even president is not required.

  13. LAKSH MALIK says:

    SHAME ON CBDT TO BE SO ARROGANT ON EXTENDING THE DATE TO 31ST OCT AND THAT TOO FOR STATES WHOSE HC DECIDED WRIT UNDER ARTICLE 226 IN FAVOUR OF THE TAX PAYERS AND ON WARNING THAT THIS ORDER OF EXTENSION SHALL BE SUBJECT TO OUTCOME OF SLP/APPEAL WHICH CBDT MAY FILE. ARTICLE 226 WRIT ON PUBLIC ISSUE AND ON EXERCISE OF UNDUE POWER BY ADMINISTRATIVE BODY ON PUBLIC IS GENERALLY APPLICABLE TO WHOLE COUNTRY. SEE THE ARROGANCY OF CBDT THAT IT DIVIDED THE NATION ON DUE DATE OF CENTRAL ACT.WHEN THE ISSUE IS OF PUBLIC IMPORTANCE, THE ADMINISTRATIVE BODIES ALSO BOW TO PUBLIC CAUSE. BUT LOOK AT THE ATTITUDE OF CBDT THAT INSPITE OF INSTRUCTIONS/DIRECTIONS BY FIVE HIGH COURT IN FAVOUR OF PUBLIC, THEY ARE SHOWING DICTATORSHIP LIKE ATTITUDE AS IF THIS COUNTRY IS NOT DEMOCRATIC, AS IF THIS COUNTRY DONT RESPECT JUDICIARY AND AS IF THE PRIME AIM OF GOVT. IS NOT WELFARE OF SOCIETY WHICH IS ALSO THE PREAMBLE OF OUR CONSTITUTION. NOW CAN SUPREME COURT REACT SUO MOTO ON PLIGHT OF TAX PAYERS AND ISSUE DIRECTIONS UNDER ARTICLE 32 OF INDIAN CONSTITUTION AGAINST THE ORDER OF CBDT. THERE IS CLEAR CUT INFRINGEMENT OF FUNDAMENTAL RIGHTS OF PEOPLE OF COUNTRY. MOREOVER ARTICLE 14 OF CONSTITUTION WHICH SPEAKS ABOUT EQUALITY OF LAW DOES THIS ORDER OF CBDT RENDERS EQUALITY AMONGST TAX PAYERS. SO, EITHER SC COURT SUO MOTTO OR PEOPLE OF INDIA MOVE TO SC UNDER ARTICLE 32 FOR INFRINGEMENT OF THEIR FUNDAMENTAL RIGHT OF EQUALITY OF LAW WHICH THIS ORDER OF CBDT DOES NOT RENDER.

  14. SANKET GANDHI says:

    Hi guys
    Koi tau batao kya bole CBDT Chief
    they are following the order of the all high courts order or not
    PLease next year not give the extension but give the forms on time i.e. before may end

    regards

  15. kssunder says:

    Their should be an immediate inquiry about the conduct of the CBDT chief.CBDT chief has openly committed contempt of court.The chief should be now subjected to desciplinary action and pending enquiry should be suspended.Foreign investors will be scared.
    PMs committments to international community has been
    Thrashed by this inept CBDT chairman

  16. Sadique Aden says:

    This has become history in the era of modernization where people have to Run for extention date but our Income Tax Authority were so cruel that they even not approve the Karnataka High Court order , this show that they are above the law , I wonder why we have appointed minister for different post , give this board every authority to Run the Country

  17. kssunder says:

    CBDT chief has proved his/her utter incompetence.This is very dangerous.PM Modi should immediately replace the chief.India’s worst CBDT chief since independence
    Pathetic display of arrogance and contempt to judiciary.Utter disregard to law by CBDT.

  18. kssunder says:

    CBDT had displayed utter disregard to the rule of law.CBDT chief has divided the nation by its discriminatory approach.Foreign investors will be scared.CBDT chief should be sacked immediately

  19. anand jain says:

    cbdt date as per order TODAY income tax filling DATE EXTENED not audit. cbdt said to assessee relief interest 234A, NOT AUDIT DATE EXTENDED CA WORK REQULAR ON SITE & DATA UPLOADED. IF TIMELY WORKING CBDT NOT HARRASMENT C.A. AAJ KI RAAT CBDT KE NAAM

    1. ca naveen says:

      Please try to understand it’s a question of central law and any order will have its impact on whole of India! CBDT is trying old formula that’s divide and rule! My request is just stand together as member of ICAI!

  20. M S Dadhich says:

    ICAI should take a united stand will not file returns even in states where relief is now granted. Instead Will cooperate only if relief is granted PAN India. If this body goes on aggressive mode, then CBDT will relent. As a assesse I shall have a reason with the dept. and get the penalty condoned. In fact the fraternity should have gone on a no-work rule much before to make the dept see the reason. This is the only way you can negate them and make counter moves.

  21. CA E.S.Muruganandham says:

    Mr. Arun Jetley is an advocate and was a senior counsel in supreme court. Being a lawyer and finance minister, how he admitted the stand of CBDT in postponing the compliance of tax laws by a month to few states and enforcing compliance to rest of the country is really a mockery of tax laws.

  22. gaurav says:

    I think we should post this whole episode on facebook and other social sites, so that the international business community should know the redtapism and attitude of cbdt, which will wake up Mr Modi who is welcoming international business community to come and invest in india and also i request fellow professionals to write to PM on this whole episode, flood his mail or social site with this episode

    1. somesh kumar agarwal says:

      Yes Sir,

      This whole episode only reveals one thing.. our institute and so called elected representatives are even not able to get the date extended… with this image and power of CA we can not survive for long term Earlier govts. also put the CA institute on last priority..and gave no importance…Strange attitude of the Govt….Plz. think twice while giving votes in next election

  23. laxman says:

    ANY ONE CAN CLEAR THIS POINT
    sir please tell me about the date of e-filing in tax audit report submit was extend or not.
    please it’s very argent.

    1. Rinku Ratandhara says:

      due date for tax audit report u/s 44AB is due date of return u/s 139. once the extension of due date is given for returns u/s 139, tax audit date also gets extended

  24. Prakash Dhanawade says:

    Thanks to Bombay High Court & Practionars

    Very true, this government is not for public, they should listen to the judicial annoucement for whole country not for any state.

  25. VP Shastri says:

    In my opinion CBDT’s extension of time for some assesses is discriminatory because cause is the same for all assesses. Either CBDT should have gone to SC against the adverse orders of HCs or should have extended date for all & throughout India. It seems that CBDT is playing cheap & below their status & responsibility. I am sure if matter puts to SC now either SC will extend the date for all or will reverse the order of HCs But will never agree to discriminatory position of CBDT. Finally I think CBDT is in combat mood. CBDT members have taken on the challengers personally.

    1. VINAY MADHWANI says:

      EXTENSION COMING IN 30 MINUTES FOR WHOLE INDIA.
      MEETING IS GOING ON WITH FM AFTER VISIT OF CA BODY OF DELHI.IT IS NOW PRESUMING THAT DATE IN GENERAL MAY BE EXTENDED BY TODAY IN LATE HOURS.

      1. VP Shastri says:

        CBDT & FM are on very weak & slippery ground after four HC orders. FM is a politician should save CBDT from further humiliation. Decision of CBDT to allow ONLY some assesses further time is very illogical, unprofessional, unethical, absurd & without application of mind. CBDT is in a position of power so creating nuisance forgetting that it will further suffer humiliation. CBDT is fighting as if it is the personal matter of its members. At the end of the day CBDT will be called as bunch of jokkers.

          1. J Sudharshan says:

            Sir,

            I am of the opinion CBDT should consists members from CA fraternity as well. The Bureaucrats do not know the ground realty they make the decision with out proper home work. Some people are asking us to complete the work within the time frame. I agree with them provided they furnish all the forms in time. I hope we will not be asked to file the TAR on 30th Sept, even when form are released on 29th Sept. CBDT can function efficiently if consists CA fraternity as well.

  26. CA. Shrinivas Kota says:

    Congratulations to “The Chamber of Tax Consultants – Mumbai” for initiating on behalf of entire Country (Maharashtra State – from CBDT Point of view) and finally getting a very favourable order and much needed relief.
    >>>>>Thanks a Ton………….

  27. adv.sudarshan dargad says:

    This is so rigid ,adamant and ill mindset of CBDT and FM, they have given such a insulting treatment to the professionals and tax payers & even making contempt of court and judiciary, completely mockery of law. Most of the tax professionals are great admirer of Modi led NDA Govt.Many hv taken great pains to elect Modi Govt, but their voices r not heard by FM. We may be small number of professionals but we have entire force of taxpayers behind us. I personally feel that we r insulted and our anger should be communicated to our great PM by writing him a detailed letter and showing our anger against the Adamant CBDT,FM and bureaucrats

  28. azhar and co., says:

    karnataka bangalore oh how much tax collection from this state cbdt knows. Bangalore c p c got gold award in bangalore. for this soft and loving people you are rejecting cbdt this is not fair on part of you and you are dividing the country, like this only india got divided during english period. please accept our honble high court decision and please extend the date

  29. Sunil Kumar Gupta says:

    AFTER RELASE OF CBDT CIRCULAR FOR EXTENSION ONLY FOR PUNJAB HARYANA CHANDIGARH AND GUJRAT AB BOMBAY HIGH COURT KE JUDGEMENT KE BAD FM TEAM KAYA RAT KO SUPREME COURT APPEAL KAREGI YA FIR BOMBAY KA NOTIFICATION NIKALAGE. IS TARAH TO CBDT YA FM KO EGO PROBLEM TO HOTI RAHEGI . …………….SHAME SHAME SHAM

    IT IS MAKE IN INDIA

  30. Rajesh Nadkarni says:

    Let the Govt may say Ease of Doing Business, But the Admant Beauracracy shows how thew behave. For the extention in due date Various Assocaitions met the CBDT/FM but no solution, therefore The Assocaitions has to go to High courts. This shows the admant nature and our PM is saying we are simplifying the things.

    This is one of the best example how the Bearaucrates are behaving.

  31. Rajesh Kumarasamy says:

    So will any of these Order’s affect PAN India ? What about Tamilnadu, I didn’t see any standing High court petition. I’m running a start-up and my CA ditched at last moment owing to audit of companies with high revenue and now I will not be able to meet the deadlines. This is a depressing time for all startups in the country, what benefit does it do when you boast outside the country about India’s startups when you litterally treat all companies as criminal franchise.

    I feel that I should have started the company in another country where company rules are friendly and reasonable towards startups. What a shame.

    1. ashii says:

      Rajesh,
      ditch such CAs who do not fill commitments. I understand it will comes under “defaulter in service” if your CA do not complete audit by due date after being appointment provided he was given access to resources needed.

      CBDT seems like a 3 year old cry baby? are they waiting on 10-15 High courts judgements before they think its PAN India issue? I believe its corrupt CBDT lawyers who’s shops run only due to unnecessary litigation

      1. Rajesh Kumarasamy says:

        Thanks Ashii,

        It’s because still most CA’s treat startups on the same queue as traditional companies from the manufacturing sectors It’s difficult to conduct my audit operations and ofcourse there are no special rules for startups per se from the Govt either.

        Since there’s no writ in Chennai HC, I think I’ll be eligible to follow a HC with a favourable order and hence I will have more time to file my audit and In case my CA doesn’t do their job I would have no option but to approach another.

    2. Sunil Jaithwar says:

      Dont worry Mr kumarswamy As per article 226 if an order is passed by one high Court it is applicable to every one . Now we have orders of Four High Courts, you can file your return upto 31/10/2015. CBDT has to abide by the rule of the country , it can not make its own rule. Tomorrow you may see more action , the Chairperson should be sacked for her incompetency and high handed attitude immediately.

      Please give your IT case to some deserving CA.

      1. Rajesh Kumarasamy says:

        Thanks Sunil,

        As you said, Mr. Sandeep points out in the lastest article – https://taxguru.in/income-tax/extension-due-date-31102015-benefit-faqs.html


        What will be the status of Assessee falling under the Jurisdiction of High Court’s where no appeal been fled and in case any appeal been filed no judgment has come so far?

        In such cases as per the decision of Hon’ble supreme court in the case of CIT vs M/S. Vegetables Products Ltd. 88 ITR 192 Assessee may choose the Judgment of High Court which is more beneficial to him. So Asssessee may choose the Judgment of Favourable High Courts till any judgment comes from their jurisdictional high court. Once any Judgment comes from Jurisdiction High Court than the same will apply. ”

        So since TN doesn’t have any waiting order, guess we are eligible to follow Bombay HC order.

    1. shrenik jain says:

      Irrespective of the orders of high court who ordered in favour of tax payers i suggest we stand united. It is not justified to leave others high in the sea. If we dont take this further we will be taken at task again and again.

      Please do stand for each other.

    1. shrenik jain says:

      CBDT HAS TO FOLLOW THE ORDER OF THE BOMBAY HIGH COURT> THEY ARE NOT BOUND TO ISSUE A CIRCULAR u/s. 119 Immediately and they will not issue the same before tomorrow at least.

  32. T Raghunandan says:

    Different courts and different orders. The logic is missing. P&H allows and Karnataka disallows. What is the reasoning and seems very stupid.

  33. A Accountant says:

    This is not justice, date should be extend for Whole country. We are waiting for extension for overall India.

    Please take great decision, not poor…..

    From Chhattisgarh State here is state Govt. is also BJP.

  34. omprakash says:

    It is not understood why CBDT is taking selective approach for the same facts & circumstances when a number of High courts have decided in favour of extension.

  35. MUNISH SOOD says:

    extend due only for that states i,e, belong to BJP government. IT IS ONLY POLITICALY EXTENDED DUE DATE…… ALL OTHER STATES ARE NOT GIVE ANY TAX OR BUSINESS FOR CBDT AND FINANCE MINISTER I THINK……….. THIS NOT THE CORRECT WAY OF CBDT FOR THE THAT GIVE THE ICAI ONLY FOR THESE STATES OTHER STATES ARE NOT LIABLE FOR TAX AUDIT …….. TODAY THERE IS IN HIMACHAL PRADESH NO INTERNET BANKING TODAY WHAT WILL WE DO…

  36. Ajay Vora says:

    It is clear descrimanation, which the constitution do not permit. One who objects to the high handed approach and suceeds gets the relief. Some body must move to the Apex Court.

    1. badsha says:

      it is actual time to protest against the DADAGIRI of CBDT,and unite all professionals in order to convince and state the fact of DADAGIRI of CBDT on honest tax payer and called for one day Trade BANDH all over india otherwise this Govt. will not undestand the power of JANATA(people).

  37. shrenik jain says:

    I dont understand how all this out of attention of the media? There is nothing on social media, news or any forum. Just taxguru.in. Cant digest this.

    1. SHASHI says:

      Shrenik Jain ji you are 100000% right……Media to paid media hai…..aur CBDT jo press release kar rahi hai wo FM/PMO ke anusaar kar rahi hai….Sabse Dgrade nahi Zgrade FM hai jaitely….khud election nahi jeet paya……..pehle NDA shine india mai lupt ho gaya tha es baar make in india mai bilupt ho jayega……….puri dadagiri aur ahangkaar show kar rahi hai BJP………Ye Modi ji 125 crore india ki baat karte hai jabki inke FM/CBDT ne desh ke high court ko he alag alag kar diya……..

  38. aahana says:

    problems are more in karnataka than other states with power cuts, dengue,unexpected heavy rains n there was also bundh…cbdt should understand the problems…n stop being so insensitive..

  39. Laksh Malik says:

    THIS IS EXCESSIVE JURISDICTION ON PART OF CBDT. NOW CAN SUPREME COURT SUO MOTO FOR PUBLIC INTEREST GIVE DIRECTION TO CBDT UNDER ARTICLE 32 OF CONSTITUTION OF INDIA TO EXTEND DATE AS CBDT HAS VIOLATED THE FUNDAMENTAL RIGHT OF INDIAN CITIZENS. THE FUNDAMENTAL RIGHT UNDER ARTICLE 14 SAYS ALL ARE EQUAL BEFORE LAW AND BY GIVING BENEFIT OF EXTENSION ON DIRECTION OF RESPECTIVE HC TO ONLY THOSE STATES, THE CBDT HAS INFRINGED THE FUNDAMENTAL RIGHTS OF INDIAN CITIZEN UNDER ARTICLE 14.SO BATTLE WILL CARRY ON. WE DONT NEED SUCH DICTATORS WHO CONSIDER THEMSELVES ABOVE JUDICIARY.

  40. Madhu Sharma says:

    the dept. has not yet notified on their website about extn to PH & Guj. so maybe,, i repeat “maybe” there could be considerations for other states, there seems to be a small ray of hope,,usually they do not go so impartial so lets wait and see or maybe they will give final notification on on outcome of appeal/slp which they may have or will file in SC. Its still a open book….. 🙂

  41. Anand says:

    This matter related to Public so why CBDT giving extension state wise. Section 119 is for proper administration of income tax act but i think now it is misadministration by CBDT. There is no genuine hardship for other states auditors as per CBDT.

  42. CA Rahul says:

    taxguru.in and CA Sandeep are doing a great job in keeping us updated. It seems that the FM/CBDT has made this an ego issue for some reason. This whole thing needs to have a logical conclusion. The question is who will provide that? Will it once again be left to the Supreme Court to bring this chaos to an end??!! Lets see.

  43. RAVI says:

    Date ni bada rahe CBDT wale no problem we can manage, bus ab aage jaise individual ki badayi thi waise future mai koi bhi date badane se rokna hoga, ab chahe kuch b ho kisi b case m date ni badayegi future mai cbdt, cbdt ko iss type ki b press release karni chahiye aaj

  44. shrenik jain says:

    CHEERS for TAX PAYERS FROM THE STATE OF FINANCE MINISTER & PRIME MINISTER. DOESNT MATTER ATLEAST SOME WILL LOSE And Some will GAIN. We the losers will make the government pay for this partiality

  45. sanjay says:

    After reading KSCAA rejection order, it comes to know that, if salaried employees or small business peoples file return without the help of C.A., then due to no knowledge of Tax laws and sections will CBDT will help us from harassment from income tax authorities.

  46. shrenik jain says:

    both the circulars u/s 119 of Income Tax Act 1961 for P& H and Gujarat are different but bear the same circular no.F.No.225/207/2016/ITA.II

  47. V.Singh says:

    PM Modi wants to make INDIA as Digital India but Finance Minister is partial in extending Tax audit filing date. Height of Stupidity. CBDT what is going on !

  48. VK Subramani says:

    It is unfortunate that the CBDT is not learning the merits of the case in spite of so many high court decisions. Now the trade bodies have to step in to put pressure on the Government so that the CBDT will understand that it cannot be too rigid by taking it as a prestige issue.

  49. Lokesh Kumar says:

    I request all of you to kindly visit the following link and write to PM
    pgportal.gov.in/pmocitizen/Grievancepmo.aspx.

    If each of us write to him , may be PM will listen to us.

  50. SATISH SHARMA says:

    As present the CBDT has extended date for filing of income tax up to 31.10.2015 for Gujrat, Haryna, Punjab and Chandigarh only. What type of decesion CBDT take. Rules, Regulations and Laws should be one for all whether it is Assam or it is any other state of India. Finance Ministry should pay attention on these things.

    1. AMARJEET SINGH says:

      Of the two states which have seen an extension one is of prime minister and other of finance minister. Because in our country some are more equal and some are less equal.

    2. kunjbihari sharma says:

      I am totally agree with you that India is sangh of all states and as per savidhan of India ,any high court decision should be implication or refers for any future decision making by judge is legally acceptable through india.I Punjab ,Haryana ,chandigargh is out from india .Is it applicable for citizenship of indian or punjabian or haryanian .All decision made by CBD IN PAT SHOULD NOT BE IN PARTS ,INDIA IS UNION OF INDIA.

  51. NIKHIL RAHEJA says:

    Whats going on??. Are we professionals fools. Do we have to file writ petitions in all 29 states to get extension of the due date in all of india. Utter Nonsense. Does a high court order not binding for the whole of India?? If the department keeps on justifying the need for completing tax audits within 23 days, are they very efficient in closing all the pending cases lying before them? The Department interest calculations cannot change but the CA software update should change within a week. Pretty Strange and Disgusting. Very disappointed with the government. Not expected when the PM says we are working for the business community at large.

  52. swaminathan.s says:

    Sir,
    what happend to all states whether chennai tamilnadu has gone any writ and it is pending with court what is the status and whether we will get any extension.

  53. Panneerselvam says:

    I am very disappointed.I am very sorry to taxpayers and CAs all over India except some states. The ICAI and its office bearers are sleeping over this issue. The FM and CBDT are very adamant in this regard.This kind of approach will give them bad name.

  54. Lokesh Kumar says:

    CBDT’s Decision to extend the ITR date in only States of Gujarat, Punjab & Haryana and UT of Chandigarh is going to divide the country furthermore on basis of regions and petitioners.
    From now onwards What is applicable in one state will not be applicable for other states. The Government will need to clarify for each and every order they issue,hereafter whether its relevant to which region and not applicable to which region.
    No need of Political parties, CBDT is doing their role of dividing the country

  55. Shekhar Athalye says:

    CBDT had logical & rational options. A) It could have got stay from supreme court before 30th September. B) It could have extended time till the matter is finally decided by SC.But stating that the notification is subject to appellate decision is utterly nonsense. It means that if SC reverses the HC decision on say 10th Oct. the return filed on 1st Oct is delayed return. In other words the Notification is not worth the paper it is printed on. Trying to avoid contempt charge it committed more grave, seriou & stupid contempt. Is CBDT ruled by people of such calibre?

  56. ADV. SANJAYKUMAR THAKKAR says:

    So it means that when we are arguing in appeals we have to rely on judgements of jurisdictional CIT (a), ITAT and HC hence forth.

    1. anil keswani says:

      Sir,
      but department portal is not showing any such order u/s 119 for extention.
      be it punjab or any where else for that matter.
      its again a fake news in my opinion.
      rgds
      anil keswani

  57. bk says:

    Finance Ministry officials should be sacked. Income Tax Laws are for entire country. We should debate whether India should be one or it should be Union of Independent countries

  58. Basavaraj says:

    Hi People, file all your IT returns by 31.10.2015, don’t worry change the address for correspondence to Punjab and Haryana States for one month only.

  59. Sharad Varshney says:

    This is a foolish decision by CBDT. I think they are egoist persons who have lost their conscience and taking decisions which are arbitrary and unjust. We should unite and fight with these types of autocratic bodies.

  60. Girish Gogte says:

    Personally I feel that there can not be a more mockery of a nationwide issue raised across the geography of the country in various highcourts than what CBDT has done. Income Tax Return and Income Tax audit is a Union subject and not state subject.
    On the other hand the Bombay HC stated that once a HC rules under Article 226 then the same is binding on all HC – indicating that all the HC would mostly come up with similar directives.
    Is it an intentional delay tactic or ego of some persons from CBDT to get as many returns filed as possible, simply ignoring the stress it is causing on the auditor/auditee involved or is it a simple ignorance of the concept of fairness ?
    Truly frustrating

  61. Madhu Sharma says:

    Ironically only the states of PM & FM exempted. Is it just a coincidence ? whatever its unfortunate to discriminate people of state to another.

  62. Rajesh Sehgal says:

    Regionalism decision rather than unionism decision required from CBDT.
    Afsarshahi is desh se nahi ja sakti dekho majak Honable courts order ka only for Punjab,Haryana.Chandigarh,Gujarat baki Bharat Varsh me tax payers nahi hai kya.

  63. Ram Ram India says:

    Honestly no point in staying in India and then begging for small issues, instead let leaders visit us in other countries and ask us to invest here.

  64. Mehta says:

    This is ridiculuous….forgetting petty differences everyone should get together against such type of handling of important issues.
    what wrong other state assessees have done..
    this order is also with rider of CBDT going for appeal…is this a joke..
    Now CA’s,associations of every states should go agianst CBDT,
    as there are genuine hardships for filing TAR and returns.
    Stand United.
    Stop Work…Dont Upload anything

  65. Rohith says:

    Mr.Sandeep Kanoi,

    What about rest of India?

    Whats happening really confused…..What abt Bombay Court decision?

    What abt Karnataka Court decisions

  66. Sachin Agarwal says:

    WHAT THE HELL IS GOING ON… CBDT HAS CREATED AN UNHELATHY ATMOSPHERE AND THIS WILL LEAD TO A SENSE OF NON-COOPERATION ATTITUDE WHICH COULD SERIOUS CONSEQUENCES.. PERFECT EXAMPLE OF TAX TERRORRISM IN THE NATION

  67. Mehta says:

    F.No.22S/207/201S/ITA.II
    Government of India
    Ministry of Finance
    Department of Revenue
    Central Board of Direct Taxes
    North-Block, ITA.II Division
    New Delhi dated the 30th of September, 2015
    Order under Section 119 of the Income tax Act. 1961
    The Central Board of Direct Taxes, in compliance to the order of Hon’ble Gujarat High Court dated 29.09 .2015 in case of All Gujarat Federation of Tax Consultants vs. CBDT; Special Civil Application No. 15075 of 2015 and in exercise of powers conferred under section 119 of the Income-tax Act, 1961 (‘Act’), hereby orders that the returns of income due to be E-fiJed by 30th September,2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State of Gujarat.
    2. This order shall be subject to the outcome of any further appeal/SLP which the CBDT may file against the said judgment.
    (Rohit Garg)
    Deputy-Secretary to the Government of India

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