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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. CA SS says:

    Dear Professional Friends

    Hope the counsels appearing for the petitioners before the Bombay HC, pray that the CBDT be blasted for delay in implementing orders of the HC and give instant relief to the professional fraternity.

    Even the Karnataka HC, should be pleaded to take suo moto cognizance of the blatant disregard of the Courts Direction by the CBDT.

    The Stress due to inaction or indecision or brute arrogance of the CBDT is unbearable.

    Hope better sense prevails.

  2. CA SUNIL BHATIA says:

    AT THE TIME OF ELECTIONS THESE POLITICIANS ARE SERVANTS OF THE PEOPLE AND ONCE THEY GET ELECTED THEY BECOME OUR MASTERS AND OUR COUNCIL MEMBERS ALSO ACT LIKE POLITICIANS AND GOOD FOR NOTHING.

  3. Mohit Jaswani says:

    This is highly disgusting.
    CBDT Officials seems to be sleeping & no reaction.

    At-least response back, Everyone are waiting for the response.
    Rules & Fines are only made for Assesses.

  4. CA AMIT says:

    Today by around 3 p.m. CBDT is likely to issue a notification/ circular in response to instruction of Hon’ble Punjab & Haryana High Court and Gujarat High Court

  5. pk says:

    श्री संतोष शर्मा जी के फेवरिट फाइनेंस मिनिस्टर अरुण जेटली पंजाब के अमृतसर से हारे हुए

  6. LAKSH MALIK says:

    NOW EVERY BODY SEE IF THESE PEOPLE CAN STARE AT THE ORDER OF VARIOUS HIGH COURTS. COULD THESE SO CALLED DICTATORS CAN HEAR TO COMMON MAN. NEVER. THIS IS THE PLIGHT OF COMMON MAN

  7. MURALI MOHAN says:

    When they can give a clarification/response on the fake extension which was released on night by next day morning what is the difficulty now .. it seems they respond to the matters which is beneficial to CBDT

  8. VIPIN V V says:

    ICAI Should take strong decision that their members should do their duties only and do not co-operate with CBDT in future for other services like drafting budgets, conducting surveys and other financial services to govt and show them (CBDT)that ICAI has onething which CBDT has not i.e. the back bone

  9. SFA says:

    Are we living in a democracy. Why is the government acting in a complete arbitrary manner without any respect for our difficulties. Do they really think these petitions and innumerable representations by various professional bodies are without a genuine reason.

  10. Sandeep Singhal says:

    Sir,

    Modi ji ne Kaha tha ki Acchhe Din aaynge to Unke liye aaye But Public ke Liye Nahi.

    Shame on India Govt. & Finance Minister(Third Class Arun Jetlty)

  11. pk says:

    आप लोगों के अच्छे दिन हो न हो CBDT के अच्छे दिन हैं सभी CBDT का गुणगान जो कर रहे हैं

  12. Ananthapadmanabha A M says:

    Why CBDT showing so adamant attitude. They want quantity or quality of work?, If really they want revenue can be planned and co operate with the ICAI and ITPs who are contributing to nation by serving economical stability and growth. Simply updating the IT environment cant do any magic. It should be done by we people by shouldering all responsibility on behalf of the client to appear before number of authorities. Please understand our responsibility and pain.

  13. saji says:

    Any update. why Mr.FM is not understanding the problems of the common people. Is this is very difficult for them to declare the extension. The Hon. HCs understand the difficulties and the Govt. has still sleeping.

  14. Rushikesh says:

    CBDT is a ringmaster of the circus and all the CA’s are the animals of the circus. FM is the owner of the circus. Last show of the circus is on 30th September. Assesses are spectators of the circus. Some spectators get the ticket and who have not got the tickets, they are on road.

  15. Rajesh says:

    CBDT is body of bureaucrats. They will never understand or would never like to understand problems of Tax payers as they are all the time busy as to how to squeeze tax payers and increase revenue.I hereby request NAMO to break MONA and do the needful.

  16. Saraswathi Devi says:

    c.b.d.t. is not react with court judgements, but this is not legalised, one Govt Department is not repond to 4 High court, how normal people confidence on courtsm,
    this is a

  17. ashii says:

    well its catch 20 situation. My CA company was almost done with audit but in anticipation after HC order, I asked them to chill down and said let’s do next month!

    Now no order from CBDT and they are saying “You delayed it!” this govt is just crazy!

  18. M R Patel says:

    Sandeepji Kanoi,
    Salute to you sir for your constant efforts for CA fraternity.

    What type of press release/order we should expect from CBDT today for extention of Due Date or denial of Hon’ble courts instruction/direction ?

    Any news in this regard with you ?

  19. Rohith says:

    Hello,

    Whats happening in India!!!There is no value for Court verdicts also

    Mr.Jaitely where r u…if you have guts come on confirm your decision..

    We have to teach this govt a lesson come on guys use all social media for justice make awareness of this bad govt adament attitude

    India Shining only in words moreover in Foreign Modi dont have humanity he is the dictator of the country

  20. CA Deepak Soni says:

    The tax audit report has no sanctity in the eyes of the AO and it is being used for the issues reported against the assessees and is and important tool to exploit a chartered accountant in the event of any mistake. The AO should be obliged to accept the issues reported upon by the auditor and should have power to make inquiry only in exceptional cases after providing to the assessees the reasons and obtaining the approval of the CIT.The tax audit is big drama which has served no usefulness except causing difficulties on the part of the assessees and then meeting gross ignorance by the hands of the assessing officer.

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