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
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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
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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
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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
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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
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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. )
Any update on the Bombay high court hearing at 3.00 pm on 30th Sept?
As CBDT has acted mischievously Bombay high court will have to give its verdict.
Why extension is not applicable to Karnataka State as High Court has directed to CBDT to consider the representations made by the KSCCA & ICAI and pass an order
F.No.225/207/2015/ITA.II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North-Block, ITA.II Division
New Delhi dated the 30th day of September, 2015
Order under Section 119 of the Income-tax Act 1961
The Central Board of Direct Taxes, in compliance to the order of Hon’ble Punjab and Haryana High Court dated 28.09.2015 in case of Vishal Garg & Ors. vs. Union of India & Anr.; CWP 19770-205 and in exercise of powers conferred under section 119 of the Income-tax Act , 1961 (‘Act’), hereby orders that the returns of income due to be E-filed by 30th September, 2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State(s) of Punjab and Haryana and Union Territory of Chandigarh.
2. This order shall be subject to the outcome of any further appeal/SlP which the CBDT may file against the said judgment.
(Rohit Garg)
Deputy-Secretary to the Government of India
what CBDT WANT TO PART UNITED INDIA ???
PM MODI CALL HIM JUNIOR SARDAR VALLABHBHAI PATEL WHO MAKE UNITED INDIA AND HIS DEPARTMENT CBDT WORK FOR PART OF INDIA.. TOO MUCH BAD.. NO WORD TO EXPLAIN THIS TYPE OF FULLIS NOTIFICATION
Sir,
Bobay high court decision??
The decision by the CBDT of extension only for Gujarat , Punjab & Haryana is a cruel joke. Next time to be eligible for extension each stakeholder should obtain favourable order from their respective High Court.
5:00 baje chay pe charcha hogi
SHOCKED !!!! STUNNED !!!. HOW CAN SOMETHING THAT IS UNCONSTITUTIONAL FOR ONE BE CONSTITUTIONAL FOR ANOTHER??? AND WHAT ABOUT POOR ORRISSA & KARNATAKA??? OMG!!!!
DID THEY ISSUE THE FORMS AT SEPERATE TIMES IN SEPERATE STATES???
I CANT HELP BUT QUESTION THE SANITY OF THIS DESCISION….. OMG OMG OMG!!!
https://taxguru.in/income-tax/cbdt-extends-date-punjab-haryana-ut-chandigarh-gujarat.html
Is it authentic updates….
Pl clear sir…Mr. Sandeep Kanoi….
what is the status
Any ways what was the decision of the bombay high court?
WEIRD DECISION PARTIAL EXTENSION, What is the specail reason for gujarat just that theprime minister hails from there.
CBDT HAY HAY
CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY CBDT HAY HAY CDBDT HAY HAY
sir for other states?
ye kya chutiapaa h sirf Punjab Haryana……….
Date Extended Only for Punjab and Haryana and that too subject to slp….
CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat
” Acche Din” “Ease of doing business”
Bahut acche! Keep it up!
God why not all India.. So adamant CBDT
CBDT KI BAJASE EK CA PAGAL HO KE ROAD PE TARIKH TARIKH CHILLA TA HU VA JA RAHA THA
BABUL KI DUVA A LITI JA CBDT TARIKH HAM KO DETI JA
There is a strong rumour and talks going around in CBDT that CBDT is considering extension only for those states in which High Court has granted extension i.e Gujarat, Punjab & Haryana only.
I hope this is not true.
BHIA KASAB KO DATE MILTI HE SALMAN KO TO DES KE TAXPAYER KO KYU NAHI?
Inside sources say date extended… official notice to be published by 5:00 pm… everyone can relax now.
Despite Hon. High Court directions, no action by CBDT till now.
It is almost end of the day. Any announcement of extension after due date does not serve any purpose.
What happened in Bombay High Court ? Did they pass any judgement against CBDT?
10 DAY EXTEND GOV LIKHNA HE TO LIKHLO
what the hell just issue a circular you are extending the date or not? why fool around the chartered accountants and their employees. Cant a board representing the central government take a stand? Its not easy working and answering assesses at the same time.
rupees 200/- per day of delay for non filing of TDS return….. aur ab? not issue of notification???
* CBDT issues fresh Guidelines for reward to informants for information leading to recovery of irrecoverable taxes * It has come to notice that a fake order regarding extension of due date for filing of audit reports and income tax returns beyond 30 September 2015 is in circulation. CBDT clarifies that the Due Date stands at 30th September 2015. * Taxpayers are advised to file their returns well within due date of 30th September 2015 to avoid last minute rush * It has come to notice that a fake order regarding extension of due date for filing of audit reports and income tax returns beyond 30 September 2015 is in circulation. CBDT clarifies that the Due Date stands at 30th September 2015. * CBDT releases second set of FAQs on compliance window under ‘Black Money Act’ – Circular No. 15 dated 03.09.2015 * It has come to notice that a fake order regarding extension of due date for filing of audit reports and income tax returns beyond 30 September 2015 is in circulation. CBDT clarifies that the Due Date stands at 30th September 2015. * Talkathon on the New Black Money Law with Shri Shaktikanta Das, Revenue Secretary & Ms. Anita Kapur, CBDT Chairperson.
Those who can not take decision are incompetent and should resign and make way for others who are Competent.
we should file a PIL against the CBDT, demanding an explanation for the delay in descision making.
there are about 2 lakh CA’s. If all of them contribute only RS.10/- each, we can create a corpus whose interest can be used to agitate against the whimsical behaviour of the FM & the CBDT. Very grateful for all the writs filed so far…but it costs. we need a permanent solution for any injustice.
Its not just the BJP.. all of them are pathetic. Introduction of Service tax & TDS provisions were done by the earlier govt.
I am grossly dissappointed…. no one is even guiding us where we stand in this situation and what we should do next.
Kab badhegi date, pura khoon choose legi kya ab cbdt
No need to worry ,Notification must be made by CBDT ,They have to honor the Judiciary,
If the govt will not honor the Judiciary how will public do.The delay is only due to laziness of the Govt.We are creating revenue to Govt.
ICAI is a statutory body. It has several Govt. nominees. It is engaged in education & regulation. The members we elect have also different agenda. Therefore what we need is an association which acts as pan India union of CAs. It can protest & agitate, demand & act. It can give a call to CAs not to sign a single audit and bring CBDT to its knees.
Date Extend kijiye Mr Jaitley aur Mr. Pm Modi kiu ki janta aap ke khilaaf hona shuru ho gyi hai date na extend karke aap ka bhi nuksaan hoga
VERY SHAMELESS BEHAVE OF CBDT AND FM AND ENTIRE BJP GOVERNMENT FOR DEMOCRACY
HEY GUYS WHAT ARE YOU THINK WILL YOU VOTE THIS SHAMLESS GOVERNMENT NI 2019 ?? PL.REPLY YES OR NO
Modi ji ne Kaha tha ki Acchhe Din aaynge to Unke liye aaye But Public ke Liye Nahi.
kuch to public ke bare me khyal rakhna chahiye
Today there is hearing in Bombay HC also at 3 pm , since CBDT has failed to issue notification. Lets see what happens
CBDT is doing time pass. They uploading false testimonials since yesterday of tax payers. refferring to pmo award, then now news on simplification of 15 G 7 !5 H forms. Is this some responsible board ? BJP government will pay for this. May anything happen now they will see the results of torture of tax payers soon.
It is reallyPathetic that in spite of several Honable Highcourts Directing the CBDT to extend the Due date for filing the Audit Report and Filing of the Return Due on30/09/2015 to 31/10/2015, The CBDT or the Finance Ministry have not comeout with anycomunication. we are not able to understand what is the loss to the Govt, if one month time is given.It only shows the adament attitude of the CBDT which is responsible for this situation.
It is a shame that there is no compliance of the Order of the Honorable High Courts still by the CBDT. When will they update the same in the system? The Government is acting in a very adamant way. It is high time we professionals show unity and defy the orders of the government. The ICAI should have filed writ petitions on its own. The Council Members are aware the hardships being faced by them and us. Merely begging for extension with the FM is pathetic.
CBDT ko bolo hum Bhikari nahi hai….itne din se apko binati kar rahe hai.
Black Money Act dekho, roj ke amendments in Companies Act wo bhi aap hi dekho, state VAT acts dekho, Ganesh festival main assessee atke hai aur record nahi dete to wobhi aap dekho….are hum bhi insan hai. Income Tax Department ko bhi bolo hum ne Return file karane ke bad aap bhi immediate assessment kar lo. Aap 143 ke liye kitne saal lete ho. Jinka Tax Audit hai unhone Advance Tax jama kiya hi hai, Self Assessment tax below 10% rahega…aap interest charge karo na. Jaha Construction of Dam wagera kam rahata hai waha Government delay in execution of work consider kar ke Contractor ko jada payment bhi deti hai. Yana Due date badhanese na CA ko Audit fees badhake milane wali hai na assessee ko jada profit milana hai.
CBDT ko bolo Tax Audit band karo aap khud khali assessment karo.
Aakhir hum bhi insan hai. Department ko en nyay aaur jo CA kam karate hai unko alag nyay ye kya hai. Ek gana hai marathi main – “Uddhava ajab tuzhe sarkar” wo muzhe yaad aaya
It is shame that still there is no confirmation given by CBDT or the Finance Ministry. When the government cannot listen to the professionals who are the pillars of the economy, who will they listen too. Also its a pity that our governing body ICAI and council members cannot collectively file a petition in the High Court. It is high time we show unity and fight for the benefit of all the members of the profession. Kudos to Tax Guru Team, CA Sandeep Kanoi Ji and Team for the extra efforts taken by you all.
There is no valid ground for extending the due date beyond 30 th September.Wonderful Decision By C.B.D.T and ministry of finance.keep it up
Dear Friends
Inspite of your busy schedules, please ready the order of the Gujarat HC. Superbly balanced and well thought out relief granted.
If the CBDT still does not accede and issue the much awaited Circular, the Board should step down since it has failed in its duties to alleviate the hardships caused to the already stressed Professional Community.
Whats the fun if they increase the date in the evening, after torturing the CA’s and accountants for the whole day.
I Think so ICAI should act now.
Any updates by when can we get updates
CBDT is acting like a no one is bigger then them, fail to understand the rude behaviour of them, now in power thats why taking advange of it , now people will remember the arrogance of it and show them the result at the appropriate time to come.