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. )
Author Bio
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.
ab jaage kya faaydaa…. jab chidiya chubh gayee khet!!
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
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.
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.
CBDT YET NOT NOTIFIED EXTENTION OF FILLING OF RETURN & aUDIT REPORT IN CASE OF BOMBAY HIGHT COURT JUDGEMENT
CRUEL BUREAUCRATS DICTATOR TEAM
Decided to boycott ICAI Elections….
EXTENSTION GUJARAT MODIJI STATE & PUNJAB ARUN JETALIJI STATE BAKI STATE SE KYA LENA
DENA
if you are planing to open company or Firma then which Place………HARYANA , CHANDIGARH
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.
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……
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.
India is facing dictatorship.
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.
sirji…any chances are there of extension?
IF THIS TREND CONTINUES,NEXT YEAR CBDT MAY EXTEND DUE DATE ONLY FOR NOIDA,LUCKNOW,MADURA,COCHIN,BHOPAL ,SRINAGAR ETC……….
WE SHOULD BOYCOTT ICAI ELECTIONS.
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.
We will see CBDT/Govt. should pay for this.
Mr Sandeep KonaiJi
Whether the tax audit date extend or not in Maharashtra
Pls Pls Pls Pls Pls Updates
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
Dear All
CBDT has done away with all they could have done. Please make sure that CBDT pays back to the professionals
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??????????????????????????????????????????????????????????????????????????????
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.
Enjoy the new world of CBDT. From tomorrow we have to face the wrath of clients, department and family
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.
nice
KAL GAYA ME CBDT KA PITRA DAN HAI, SABHI 2 MIN KA MAUN SURE RAKHE. SAMAY JAB MAUKA MILE
I have come to know today that we are not in india.Only Punjab, Haryana, Chandigarh & Gujrat are in India.
specified date as defined in section 44AB is due date of filing of income tax returns. So, both dates are 31st oct.
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
CBDT DEVIDED INDIA IN STATES LIKE BRITISHERS DEED BY CASTISM.
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
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