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
WHAT ABOUT EXTENSION OF DATE???????????? ANY UPDATE??????????
Karnataka HC had directed CBDT to issue notification by 29/09/2015.
Why no action taken by CBDT to follow that order ?
Government not listening to judiciary also nowadays. :/
NOW FOUR HIGH COURTS DIRECTED CBDT TO EXTEND THE DUE DATE AND ISSUE CIRCULAR BY 29.09.2015. BUT THEY HAVE NOT REACTED TILL THIS TIME. HAS CBDT THE SUPER POWER OVER HIGH COURT
Come on CBDT.. Its time to act… Pls extend it.. dint sleep from two days.. am afraid i may collapse at any time today…
I Think extention upto 31/10/2015 toh 100% milega…. Court orders hai. But the main issue is how long should we wait before the CBDT issues a notification.
and if it does not, then they will be in a ‘contempt of court’situation, but what about us? what is our position?
I think other than revising our TAR’s we dont have much option.
Govt. not consider the practical difficulty of people and Auditors. Other Department Service affect the business people which leads to huge penalty. Some Technical problems is beyond our control.
SEE THE MIND SET OF CBDT AND FINANCE MINISTRY. THEY WERE VERY QUICK TO CLARIFY ON WEBSITE THAT CIRCULAR OF EXTENSION IS FAKE WITHIN FEW HOURS OF ITS CIRCULATION. HOWEVER THEY ARE STILL RELUCTANT TO EXTEND THE DATE INSPITE OF ORDER OF JUDICIARY.AISEE SARKAR SE AAGE KE LIYE TOBHA. THEY DONT RESPECT EVEN JUDICIARY. NOW JUDICIAL SYSTEM SHOULD TAKE STERN ACTION AGAINST CONTEMPT.
why CBDT behave like this ?
Dear fellow friends
lets unite and oppose the crony system. the present administration is unfit to rule the country. when they are not listening to public voice, why should we respect democratic system.
CBDT issued press release within few hours, when a fake message circulated for extension of due date.
Now High Court has directed for Extension, no action taken for the same. Instead, the same old message running on the site for non extension.
What we can do ? nothing…. Feeling like living in afghanistan.
gujarat & p h high court ke order ke bad bhi jo CBDT ka javab nahi aata matlab kya he
Our Good For Nothing FM has enough time and interest to solve BCCI (Cricket) matters in any urgent situation but in case of ours he is least interested… you and your party will get the punch back after 4 years..
Every year we all work day night to help govt in building India…
and in return we even do enjoy any festivals that comes during August & Sept… even dont spend time for our family…
We are also Human like other people who enjoy various festivals during this period , we also have family… but even after sacrificing all this what we get… Extension on Last Day … Why only Last Day ?
Advocates can go on Strike…
Doctors can go on Strike…
But we cant…
All the High Courts who have directed/ordered the CBDT to extend the date should take stern action against CBDT chair Person for contempt of court order.
” THE EMPEROR IS NOT WEARING ANY CLOTHES”
Mr FmS GOOD AS OPPOSITION LEADER IN RAJAYA SHABHA , Mr PM IS good at teaching reforms to NRI .
AGAR SARKAR KAHTI HA KI USKO KOI FARAK NAHI PARTA TO TIME ANNA PAR HUM KAYA FARAK PARTA HA HUM DIKA DAGAA
Sir…
Mr.Sandeep Kanoi what is latest update…
Any chances for extension…
Pl sir clear…
what is latest update Any chances for extension
to day extension any chances please clear me sir,
Sir…
Mr.Sandeep Kanoi what is latest update…
Any chances for extension…
Pl sir clear…
They (cbdt, fm)should be told to complete the process for a single audit case including veryfing stmt. Dep chart . Loans tds,scanning the stmt, filling the itr innfo. ,Matching dep chart,tds etc, giving challan to client waiting for the receipts as banks gave the same on next day if it is s chq pay ,checking dig. Sign validity if it registers properly etc. Then preparing 3cb 3 cd with all the details filling the same in the form allow disallowing items etcetc… prepare xml file upload audit report wait for 5-10 mints then wait till client accepts the same, then after all this file e return . Print copies of audit report anditr. Keep it safe in a file…. ..
Look cbdt this is what the process we follow for a single audit itr upload….u come to any ca office and practically do this process….and then only u can understand why we r demanding the extension
BY NOT ABIDING THE HC ORDER, CBDT & FINANCE MINISTRY HAS PROVED THAT THEY DON’T CARE INDIAN DEMOCRACY ………….THIS IS A VERY ALARMING SITUATION …..WHERE INDIAN JUDICIAL SYSTEM HAS BEEN CHALANGED BY THE INDIAN BEUROCRATS .
TARIK BADI HAI YA ABHI BHI TALWAR SIR K UPER LATKI HAI ?
CDBT KAB DECLEAR KAREGI ?
Dear CBDT meambers,
Now, you can announce the extension for the due date of return, as most of the return has been filled.
First: Extended due date for Individuals from 31-Jul-2015 to 07-Sep-2015
Second: Common man also will expect the due date for tax audit will be extended for 2 months. i.e upto 30-Nov-2015.
Third: CBDT has announced that due date will not be extended and all assessees should file their tax returns within 30-Sep-2015
Fourth: Fake Orders copy on 26-Sep-2015.
Fifth: CBDT has approched Supreme Court
Sixth: EX FM Sri. Chidambaram ji is the Best Ruler and Systamatic Minister.
Ab to de do extension notification
The Finance Bill 2014 relevant to AY-2015-16 got assent of President on 12th August,2014 but forms for filing returns were notified in August,2015. All Government officials were in sleep mode till August,2015. They needed 12 months time to provide a form and expect us to do our job in just 2 months.
Shame on them
paise k piche to sab pade hai to ye CBDT kya hai, Revenue se matlab hai inko, assessee Mary ya jeye koi farak nhi padta,Ca Ko pareshan karna chahete hai, magar unka to kuch b ukhaad nhi paye ga. waise date extend hoga ya nhi wo to CBDT TAX cases file karne k baad he decide kare ga. CBDT me bethe b kon HAi, Gandi G k TEEn BANDAR, na to dekho, na bolo aur na he suno.
Governments are appointed by citizens to efficiently manage the economy to bring growth and development. But this is not the way of doing it.
In a developing country like India where less than 10% people are filing their Income Tax returns, Government must find the way to simplify the tax filing processes.
Government must encourage people to file their returns. CAs, Tax consultants are the mediators, government must take their suggestions to understand actual practical problems in filing.
CBDT shall make available the ITR forms in time so that people find it easy.
Only asking people to complete the work before due date is not the proper way.
We are democracy i.e. for the people , of the people and by the people.
FIRST ENCOURAGE MAXIMUM PEOPLE TO FILE THEIR RETURNS SO THAT ECONOMY OF COUNTRY BECOMES STRONG. FIRST INCREASE THE NUMBER OF FILERS AND THEN EXPECT FOR TIMELY FILING.RULES CAN BE MADE STRICT BUT FIRST LET THE PEOPLE UNDERSTAND THE RULE.
CBDT and Finance Ministry must co-operate and increase the due date ASAP.
Otherwise this is very Unsatisfactory Disappointing and Unacceptable.
CBDT to Contest High Court Order of Tax Audit Report/ITRs Filing Date Extension to 31-10-2015 in Supreme Court. It is also learnt that an Special Leave Peition (SLP) has already been filed by CBDT late evening today 29/9 and the matter is listed for hearing tomorrow. (30-09-2015). if this is true then why CBDT is behaving this way. what is the main reason behind this, bureaucracy vs government or to have upper hand in finance ministry where they are been over taken by other organization in decision making. fingers cross…..
Esi araajak aur kamjor sarkaar! badi badi baaten aur kaam kisi taanashah
WHAT NEXT????? DATE WILL EXTEND OR NOT????
please CBDT EXTEND THE DATE SOON ELSE WE WILL DIE IN STRESS
Sir…
Mr.Sandeep Kanoi what is latest update…
Any chances for extension…
Pl sir clear…
CBDT filed SLP in SUPREME COURT late night, and the hearing scheduled tomorrow, lets c who will win this battle.
What a callous attitude of CBDT/Government. Are we living in a democratic or country or a dictatorship?
if a common man not obey order of high court , he is punished but for CBDT [ high court order to give notification till 4.30 pm today ] is overruled.
Now its clear that CBDT is higher than Honrable High Court .
CBDT filed SLP in supreme court late evening.
Jai ho….. Apne logo ka hi dhyan nahi rakhte aur bahar se investor bulate ho ….
Itseems cbdt has moved to supreme court..this really shows that FM and chairman of cbdt has become blind to such an extent that they are unable to see there own mistakes….
Seriously the selfish ness has reached heights…when scams happen that tym there are no great reaction,they don’t appeal in high court or supreme court to punish the culprits….here we are just asking for an extension they are showing stubborn ness….
CBDT and FM both should respect the order of Honorable HC (Gujarat, P & H etc) and issue notification extending due date of TAR/ITR to 31.10.2015 at the earliest so that some worth of notification will remain.
Are all C A terrorists ? Why CBDT so stubborn not to grant extension ? Only personal ego of one or two persons spoil the game. Ya they are playing the game and enjoying fun out of the same at the cost of our tax paid money. Arun Jaitely has no guts at all. He is not believing our Chairman and office bearers. Our office bearers have no courage to safe guard our interest. Don’t vote for such kind of persons who are seeking our vote. Now it is too much ! We have to unitedly go and pressure F M or C B D T to extend date. We are also Indians. Don’t give us step motherly treatment
P M KA KAHENA HE GLOBAL INDIA DIZITAL INDIA YAHA HAMARE BHAI LOG CHILLA CHILLA KE DATE MANG RAHE HE AUR VAHA SAYAD TEKNOLIGY BANDH HE JO SUNAI NAHI DERAHA
xtension of Due Date of ITR: Government Arrogance and our reply
According to the order of Hon’ble Punjab and Haryana High Court, Gujarat High Court and direction of Hon’ble Karnataka High Court the Central Board of Direct Taxes (CBDT) shall issue appropriate notification/instruction U/s 119 of the act to extend the due date for e-filling of return upto 31st October 2015.
Despite clear order and direction CDBT is adamant and too arrogant to issue above said notification. It’s only due to the fact that either CDBT/Government never realize power of CAs profession or we never tries to shows our strength / power to government.
ICAI and other professional tax association are continuously chasing Arun Jaitly and CDBT chairman for extension of Due date however they not only ignored the justifiable demand for an extension, Instead, issued an press release that date will not extended in any situation.
It’s high time to give a fitting reply to government arrogance and protest against the very attitude of government.
The best way to protest is judge the ability of income tax website and server if all out person login in one time its server would not able to handle the pressure and will crash in fraction of minutes and after that government/CDBT would not have any option other than extend the due date.
So guys just stand up and show the power of our profession to the government. Each and every member of ICAI would log-in on website at exact at 11.00 A.M on 30/09/2015 and let’s see how their system is able to handle the pressure.
So remember
11. AM on 30/09/2015
sir mere hisab se confirm due date DATE IS NO 15-10 NO 31-10 BICHKA NIKLE GA DEKHANA
I thank “Tax Guru ” for providing platform for expressing our views and supporting CA community against Cruel Board Of Direct Taxes. The things which should have done by ICAI.
To Increase the due date just hours before the deadline does not make any sense as no one would be waiting for such an extension and thus will anyhow try to finish the work to meet the deadline hastily,and ultimately the quality of audit will be poor and such practices will definitely hamper the growth of the nation.This is sheer arrogant attitude of CBDT and it is creating hurdles for people all over the country..Sheerly Disappointed.!!
worst govt., worst lawmakers,no justice,will all ministers/govt does its promises within date. our pm was telling within 1 year i will black money from swiss bank but why he is not kept his promise. why delay? for you people it is ok but for commonman such a lot of stress why ?.
ashame of being indian.
Respected sir,
1) It is not your duty to allow citizens to file to file their income tax return on April 1st ?
2) Do you have any idea , how much ground work required to file one tax audit for a company, changes in company law , ex Depreciation , how much time will take any idea ?
3) ok, professional and assessee does not deserve time, is CBDT or other government departments, do you think they are very perfect in timings ?
4) i don’t care about the extension, but the way you are treating citizens / tax payers is not acceptable.
5) the chairman of CBDT , is filing his salary return well in advance ? I mean he is approaching his auditor in last month /week or well in advance ?
CBDT may file appeal in Supreme court or File a review petition in High court but if stay is not granted then CBDT have to issue the order for date extension.So nothing is sure/confirm till order issued by CBDT .So, please wait for notification /instructions from CBDT for extension of date and keep continue work with same pace till CBDT final notification /instructions.
Read more: EXTEND DUE DATE TO 31.10.2015 FOR RETURN FILING :P&H HIGH COURT DIRECTS CBDT | SIMPLE TAX INDIA
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Dear Jaitley,
Open your mouth & order the CBDT to issue notification for extension.
Respect the verdicts.