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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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1,254 Comments

  1. Kumar says:

    Karnataka High Court directed CBDT to issue notification by 4.30 PM today the 29th day of September 2015 but still there is nothing officially announcement by CBDT. Why cant court take action on this and issue notice to CBDT for not obeying the orders of Hon’ble High Court.

  2. Prasaad says:

    Such Adamant views about Date Extension will break faith on Government.Great work done by All C A All over India by filing Writs and fighting for Justice . But it All was needless Government had to do Extend it sue motto.

  3. Ujjal Sinha says:

    F M AND MADAM CHAIRPERSON OF CBDT
    PLEASE STEP DOWN –
    YOU ARE NOT PERFECT FOR THE POST
    AFTER VERDICT OF SEVERAL H C IN FAVOUR OF EXTENSION OF DUE DATE
    YOUR NOTIFICATION IS TILL YET TO COME
    PLEASE STEP DOWN
    ANOTHER EFFICIENT HAS BEEN WAITING
    WORK FOR THE BETTERMENT OR STEP DOWN

  4. Mahesh says:

    What we have get? What we expect? What Will come out?
    CBDT and Ministry is making fun of us. While seeing this drama of whole day, that shows the CBDT is behaving like they can not respect the judgement of High-courts.

  5. vandita says:

    ab samajh mein aaya…. they want that we don not file the TAR’s on time… what they could not get from black money disclosures…. they will get by charging 1.5 lakh per defaulting assessee.

    After that…. inaccurate particulars mein pakdo….

    seems to be a master plot

  6. CA KAMAL JAIN says:

    SIR
    THE EVENTS ONLY SHOW WHAT ICAI COMMAND RESPECT AND SAY IN GOVT IN SPITE OF FACT THAT WE CONTRIBUTRE A LOT IN DEVELOPMENT OF COUNTRY BY SERVING IN INDUSTRY AND BY OUR PROFESSION WE DO GENERATE REVENUE FOR GOVT.
    IF THIS TYPE OF DEMAND WOULD HAVE BEEN THERE FROM BAR COUNCIL OF INDIA , THAN ?
    HUMBELNESS HAS NO RESPECT ONLY IF YOUR BODY IS SO STRONG THAT IT CAN BOW GOVT ONLY THAN U CAN GET WT YOU ARE DEMANDING.

    IT IS HIGH TIME FOR ICAI MEMBERS AND COUNCIL TO MAKE STRONG PRSENCE FELT , MEANS CAN BE THERE IF WILL IS THERE.
    REGARDS.

  7. PARTHASARATHY, ADVOCATE says:

    GREET TAXGURU FOR TIRELESS EFFORT, UNBLENDED UPDATION. MAY U HAV COURAGE MORE FOR TIME TO COME TILL THE LAST STONE TURNED BY JUDICIARY

  8. TUSHAR SB says:

    As decided yesterday in the case of Karnataka State Chartered Accountant Society (KSCAA) & Ors vs Union of India & Ors, Writ Petition (WP) 41109/2015, 41110/2015 CBDT has to issue notification till today. Yet they have not issued the same is this comtempt of the Hon. High Court ?

  9. P M Manohar says:

    Dear Government,

    please reply anything all over india Tax professionals waiting for your reply please disclose either yes or no, and also govenment has given the mental torcher to all professionals now time is already over 6 p m please any thing say please…….

  10. M V S N SHARMA says:

    Considering the situation, ICAI’s opinions dont seem to be important for government. ICAI’s image seems to be waning for sure. Other institutes are powerful enough to get into all kinds of Corporate jobs like audits etc, which were solely in CA’s domain earlier, but our institute is not able to convince the government on any issue.Thanks to the efforts of some of the CAs approaching the Courts. Hope better sense prevails on CBDT.

    M V S N SHARMA

  11. vikrant says:

    Bombay HighCourt cannot take decision which Gujarat HighCourt and Punjab & Haryana HighCourt gave!!! Srange.
    Tomorrow, Bombay HighCourt is going to take same decision which other HighCourt took but why are they waiting for CBDT to respond on Orders by other HighCourts?
    CBDT will issue notification tomorrow late evening or at night after tax audits are completed by most of the assessees making the notification not of any use. They always do that. Last time also, extention notification was issued on 2nd Sept (after the date of filing expired!!!).
    What is the use of such extentions, in fact such notifications should be issued 4-5 days in advance so that at least quality of reporting is maintained.

  12. Anil Shekhawat says:

    Dear All

    please give date extension for audit to 31.10.2015. This date is helpful to all people for working becvause depreciatin chart was 1-2 days that now taking 15-20 days as per Compnay Act 2013

    that date is suitable for all people.please give the same 31st Oct 2015

    Thanks

  13. GRA says:

    Govt. of India and CBDT will never and ever learn any lesson from the past . BJP’s NDA is not different from the erstwhile UPA of congress . To get one month extension , if the Assessees and professionals had to approach 12 High Courts all over India , then how taxpayer friendly this government is ? Mr.FM and CBDT chairman should take moral responsibility for this entire fiasco and immediatele resign ,no authority or right hang on power for the sack of facilities . It is the very tax payers money you both are enjoying . If you people are little bit educated enough please learn from Great Sage Chanakya ” Taxes should be collected from citizens like plucking the flower from the plants/tree not uprooting the entire plants/tree itself ! It is a great relife for professionals all over India by the Hon’ble High courts of various states . India is stll alive because of Honest unbiased Judiciary , Thanks and Congratulations to Mr. CA Sandeep K. for his untiring pursuit for justice on behalf of all members in practice and also all friends who took time to write cooments in this column .

  14. SANTHOSH says:

    To,
    The Chairperson,
    Central Board of Direct Taxes,
    North Block,
    New Delhi-110001.

    Hon’ble Madam,

    Sub: Humble Request for consideration of extension of date for filing of IT Returns from 30.9.2015 to 31.10.2015 – Regarding

    1. The due date for corporate, and tax audit Returns is 30th September, 2015 for Income Tax Returns for assessment year 2015-16. However due to delay in prescribing the ITRs, enormous difficulty in getting the tax audit completed in time and various other reasons taxpayers are finding it difficult to furnish the returns within the date prescribed. Tax professionals also could not cope up with the work of e-filing as more details are required to be filled up and more returns are required to be e-filed for assessment year 2015-16. However, we are glad that maximum taxpayers are filing their Returns electronically.

    2. The matter has also been going on in various High Courts.

    3. Considering the overall circumstances and the practical difficulty of taxpayers in furnishing the return within due date, as also the view of the order of Hon’ble Punjab and Haryana High Court dated 29th September, 2015 and direction of Hon’ble Karnataka High Court we humbly request the Central Board of Direct Taxes for consideration of the matter and for suitable extension of date in the interest of taxpayers at large.

    With Regards,

    Yours faithfully,
    – See more at: https://taxguru.in/income-tax/tax-audit-date-extension-status-high-courts-appeals.html#sthash.kH9OTN2Z.dpuf

  15. CA. Shrinivas Kota says:

    Appreciate https://taxguru.in/ for their continuous effort being the sole mode in updating the status various court petitions and other happenings. Iam constantly in touch with this site for instant and upto date information.

    Hats off to the entire CA Community and CA’s & Other Tax Associations for voluntarily taking this serious and urgent issue in high courts and finally getting the best judgement and pointing the lapses on the part of Arrogant CBDT for ignoring the larger interest of the profession and auditees by enforcing their own loopholes on the hardworking CA’s.

    Most important for the courts who at last at the neck of the hour for delivering the best needed judgement and issuing the directions to the CBDT for extension.

  16. Narayan Jain says:

    ALL INDIA FEDERATION OF TAX PRACTITIONERS
    Narayan Jain, LL.M., Advocate; Chairman, Membership and PR Committee,

    3, Ho Chi Minh Sarani, Kolkata 700071 Ph: 98309 51252

    URGENT

    29th September, 2015

    To,
    The Chairperson,
    Central Board of Direct Taxes,
    North Block,
    New Delhi-110001.

    Hon’ble Madam,

    Sub: Humble Request for consideration of extension of date for filing of IT Returns from 30.9.2015 to 31.10.2015 – Regarding

    1. The due date for corporate, and tax audit Returns is 30th September, 2015 for Income Tax Returns for assessment year 2015-16. However due to delay in prescribing the ITRs, enormous difficulty in getting the tax audit completed in time and various other reasons taxpayers are finding it difficult to furnish the returns within the date prescribed. Tax professionals also could not cope up with the work of e-filing as more details are required to be filled up and more returns are required to be e-filed for assessment year 2015-16. However, we are glad that maximum taxpayers are filing their Returns electronically.

    2. The matter has also been going on in various High Courts.

    3. Considering the overall circumstances and the practical difficulty of taxpayers in furnishing the return within due date, as also the view of the order of Hon’ble Punjab and Haryana High Court dated 29th September, 2015 and direction of Hon’ble Karnataka High Court we humbly request the Central Board of Direct Taxes for consideration of the matter and for suitable extension of date in the interest of taxpayers at large.

    With Regards,

    Yours faithfully,
    Narayan Jain
    098309 51252
    Email npjain@vsnl.com

  17. Sandeep Singhal says:

    Please Clarify the due date of Audit Return. It is true or Not. BJP wale keh rahe the ki acchhe din aayge but lagta hai bure din aa gaye.

  18. Abdul Rahiman says:

    It is shame on CA that CA is claiming we do everything within shortest time and same time asking one more month to fill a form. What the CAs was doing during April to September. How many is required to fill additional information asked in new ITR??

  19. Sudhir Patwa says:

    Appreciate constant real time updatation of status of all the appeals in a single block by CA Sandeep Kanoi. Excellent Job; Keep it up Sir.

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