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. )

Author Bio

Qualification: CA in Practice
Company: Taxguru / Sandeep Kanoi & Associates
Location: Mumbai, Maharashtra, IN
Member Since: 27 Feb 2017 | Total Posts: 618
A Blogger by Passion and a Chartered Accountant by Profession. View Full Profile

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0 responses to “Tax Audit Date Extension- Latest Status of High Courts Appeals”

  1. Ujjal sinha says:

    Extension of due date extendable on or before
    the due date , otherwise it is value less.

    Shame shame CBDT shame shame

  2. Ujjal sinha says:

    What are the benefits regarding extension granted by CBDT on 1/10/2015 after 12 noon.

  3. Jitendra Patel says:

    Mr Jaitly was rejected by public in election. Now I think most of Chartered Accountants loose his respect.

    • 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…

  4. vandita says:

    ab jaage kya faaydaa…. jab chidiya chubh gayee khet!!

    • 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.

  5. NEERAJ SHARMA says:

    Thanx to CA sandeep kanoi ji & all other professionals for their valuable contribution.

  6. Rohith says:

    Mr.Sandeep

    Thank you finally your efforts fully rewarded by ordering extension for PAN india

  7. vikrant says:

    Mr.Sandeep Kanoi, You have taken great efforts in giving all of us time to time updates. Thanks a ton!!!

  8. 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

    • 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???

  9. 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.

  10. NEERAJ SHARMA says:

    AFTER DUE DATE EXTENSION. IS IT FAIR ?
    maximum TAR are submitted in hurry on cost of quality.

  11. Rajeev Kumar Gupta says:

    GOVT ki sochi samjhi raajniti thi

  12. NAJMUSSAQIB KHAN says:

    Congratulations………………….. and keep it up

  13. shrenik jain says:

    CBDT ISSUES CIRCULAR DATE FOR FILLING ROI AND TAR EXTENDED to 31.10.2015 through out the country.

  14. Mahesh Jadhav says:

    Thank You “CBDT” !!!!

  15. NAVIN KUMAR RANCHI says:

    Thanks to CBDT, FM for extension. Special thanks to kanoi sir for time to time updatation.

  16. 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.

  17. Sunil Jaithwar says:

    finally a sigh of relief for everybody. Thanks again Sandeepji and Tax Guru for timely updation.

  18. 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

  19. Hitesh Chandra says:

    Yo Now Enjoy. Date Extended to whole India.

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