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
JUST READ COMPLETE JUDGMENT OF PUNJAB AND HARYANA HIGH COURT. VERY GOOD AND DETAILED JUDGMENT SPECIFYING EVERY PROVISION OF INCOME TAX RELATING TO ITR AND TAR AND NEED OF ISSUING WRIT OF CERTIORARI IN CASES WHERE ADMINISTRATIVE BODIES FAIL TO GIVE NATURAL JUSTICE TO PEOPLE OR EXERCISE EXCESSIVE JURISDICTION. IT ALSO SHOWED ITS DISAGREEMENT WITH JUDGMENT OF DHC AND RAJASTHAN HC. SALUTE TO JUDGES OF HON’BLE PUNJAB AND HARYANA HIGH COURT AND CONGRATS TO PETITIONERS FOR THEIR EFFORTS – See more at: https://taxguru.in/income-tax/tar-audit-itr-date-extended-31st-october-2015.html#comments
what about karnataka ? please anybody tell me what is the latest news
Thanks to taxguru team for their continuous update.
Special thanks to all professionals who have taken so much of pain to file and move writs in High Courts against the Government and CBDT.
As per news Cbdt is moving to supreme Court
Truly speaking order by Punjab & Haryana High Court.Kudos to Hon’ble judges Shri Ajay Kumar Mittal and Shri Ramendra Jain.I hope at least now CBDT will change its attitude towards taxpayers , consultants and CA’s . They should learn a lesson that they are not the supreme authority.
My whole hearted thanks to Tax Guru and CA Shri Sandeep kanoi.
IS CBDT IS GOING TO SUPREME COURT TO CHALLENGE THE JUDGEMENT? ?????
Is it authentic news
that gujarat high court given extension
To 31.10.2015
Thanks
Pl confirm
Government should extend the date for filing tax audit report without going for prestige or adopting indifferent attitude.
Government will lose nothing by extending the date. Instead, the quality of audit will improve with time available.
BJP Govt.ko Kamse Kam Ye Sochna Chahiye Ki Tax Kon Bharta he…? Or tax payers ko hi pareshan karna sahi nahi he…aap ki galti taxpayer kyo bare kare…
Government should extend the date for filing tax audit report without going for prestige or adopting indifferent attitude.
Government will lose nothing by extending the date. Instead, the quality of audit will improve with time available.
BJP Govt.ko Kamse Kam Ye Sochna Chahiye Ki Tax Kon Bharta he…? Or tax payers ko hi pareshan karna sahi nahi he…aap ki galti taxpayer kyo bare kare…
Pls due date details sir
While the High court have proved the quality of the judicial talent that we have in our country it also restores the faith of common people in the judiciary. I would also like to personally thank the website coordinators and moderators for thier painstaking efforts to ensure timely updates. Other then a few such websites the general media seems hardly concerned to report the facts of these cases.
Do not relax until the notification comes on Income Tax Website.
Pl give update??
Can CBDT challenge this decision in Supreme Court ?
Link to Final Order of Punjab & Haryana HC
https://taxguru.in/wp-content/uploads/2015/09/CWP_19770_2015_29_09_2015_FINAL_ORDER.pdf
Chartered Accountants are so called “Partners in Nation Building” only for name sake for our goverment. Our Goverment is deaf & dumb to hear its partner’s genuine call for extension without being forced to do so by court order.
Excusme CBDT Now No Problem to Announce Extention please do it
The CBDT extended the due date for filing of non 44AB cases upto 07.09.2015, keeping the auditors busy with non 44AB cases upto 07.09.2015 and the extension of due date for above assessees is due to late decision on format of returns. Now expecting the auditors to complete 44AB within next 23 days is injustice.
All ITR forms have to be issued on time. This year ITR 4 (non tax audit) was released very late. Other forms were released towards the end of June and the date extended to 31st August. But form ITR 4 came so late and a lot of filing was put on hold. Then they needlessly extended the filing date to 7th September. There should always be a gap of at least two months between tax audits and non tax audits. The permanent solution should be a notification which will extend the filing date automatically for that return which is released late as somebody has already suggested. So a return notified late will automatically be extended. In addition, all other subsequent filing dates should be automatically extended by at least 75% of the time by which the original ITR was issued late. if this is made an automatic rule, the CBDT should get cracking in issuing ITRS on time. Then everything should work out smoothly.
THANKAS HARYANA HIGH CORTS INCOME TAX DUE DATE 31/10/2015
PUNJAB HARYANA HIGH CORTS BALE BALE
Punjab & Haryana Court. BALLE BALLE. Atleast One court has taken timely decision.
THE PUNJAB AND HARYANA HIGH COURT HAS GIVEN A JUDGMENT IN FAVOUR OF TAX AUDIT ASSESSEES AT LARGE OF INDIAN REPUBLIC IN A WRIT PETITION UNDER ARTICLE 226 OF INDIAN CONSTITUTION. THE CBDT WILL HAVE TO ISSUE A NOTIFICATION EXTENDING DUE DATE FOR WHOLE COUNTRY AND NOT ONLY PUNJAB AND HARYANA.
Wait… and then rejoice…
from this site. https://taxguru.in/income-tax/tar-audit-itr-date-extended-31st-october-2015.html
We would further like to inform our readers that its just Court Instruction to CBDT to extend the due date, but CBDT has not yet officially issued any Order in Compliance of High Court Order. High Court Order is Binding on CBDT till Supreme Court Stays it or reverses the High Court Judgment. Further in case of Judgment on same issue by different High Courts, the Judgment of Jurisdiction High Court will prevail and in case of no Judgment by Jurisdiction High Court than Assessee may choose the Judgment of High Court which is more beneficial to him. – See more at: https://taxguru.in/income-tax/tar-audit-itr-date-extended-31st-october-2015.html#sthash.hGRHT2y7.dpuf
VERY THANK YOU SIR
TOTAL PROFESSION IN COUNTRY 2,50,000/- CONTACT 100 PER PROFESSION SO TOTAL 2,50,00,000 VOTE CHANGE GOVT OF MODI AND FM
Can we relax now? Is the date finally extend to 31/10/15
CBDT should not yield to the pressure
very nice effort by CA Sandeep Kanoi , His constant effort to update status of all appeals in single block reunite all CA’s
Hatsoff to u sir !
Great Relief by Punjab & Haryana High Court. Now CBDT must show Quick action by issuing the Notification.
due date only for tax audit or IT filling pls confirm any one
THIS IS THE POWER OF JUDICIAL REVIEW. HON’BLE PUNJAB AND HARYANA HIGH COURT HAS EXTENDED THE DUE DATE TO 31ST OCT. 2015 AND PUT TO END ON HIGHLY ARROGANT ATTITUDE OF CBDT WHO INSPITE OF THEIR LAPSE WERE UNWILLING TO RECTIFY THEIR OWN MISDEEDS AND HAVE TRIED TO PUT INNOCENT TAX PAYERS UNDER THE PLIGHT OF PENAL PROVISIONS
panjab and haryana high court balle balle thanks
HURRAY!!!
Dooms date extended!!!
When High Court of Punjab & Haryana passed the order for extension till 31st October 2015, why CBDT is not passing the order
sir,
please confirm the due date of 31st October 2015, decision received from Hon’ble Punjab & Haryana High Court.
Thanking You
does the extension ordered by the hon punjab & Haryana high court valid for assecess through out the country or just to assesees of punjab and haryana?
Finally a good call by Punjab & Haryana High Court. Some respite for us.
Date extension is for only haryana and Punjab or is applicable for entire India??
Punjab & Haryana High court Due date extended up to 31.10.2015.
Congratulations to all !
Is due date extend as per punjub haryana court order to 31/10/15?
Its a default of CBDT we have to suffer.
If the original forms were released in time, two months would have been sufficient to complete the audit work.
Due to delay in issuance of form followed by extension of Due date of filing normal return till 07.09.2015 whole of time & efforts were utilized for non audit cases.
We only have 23 days in Sept to complete more serious work of tax audit, which is asking details as good as scrutiny which department can also not complete in 2-3 days per case, how they expect us to complete 15-20 cases in just 23 days that too with quality.
We are asking CBDT to compensate for their mistake. If they would have played their part properly, we would not have needed to ask for extension.
Further to add up, so many cases in so many different courts across the country clearly indicates that people associated with filing are facing difficulties, should the government not consider the need of time and offer a positive feedback to cover up what has caused due to their unprofessional approach of releasing forms on time.
I strongly believe, the date should ideally extended till 7th November 2015.
Dear Sir’s
Punjab court has “Due Date Extended to 31St October 2015” whether this extension applicable for all states. Please inform me.
Any official communication by Cbdt after punjab and Haryana HC verdict on tar /ITR extension to 31st Oct 2015?
Is chandigarh order applicable on all India basis pl inform
Congrats Avinash Garg & Others !
Thank You for your efforts
People like you should be at ICAI
wow… punjab & haryana extended the date to 31st Oct. How does this work for the rest of us? pls guide.
Congratulation to every one as due date is extended to 31.10.2015 by Punjab and haryana court
P&H Court direct CBDT to extend date till 31/10/2015
We expected a lot from this govt. and voted for, but this govt. just says business friendly by words but not actual.
Do not vote for BJP.