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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. Ameya K says:

    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.

  2. S.N. Bhat says:

    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

  3. Mehta says:

    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

  4. SUNIL PATEL says:

    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

  5. Sunil Jaithwar says:

    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.

  6. vandita says:

    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!!!

  7. udaykumar says:

    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

  8. Sunil Jaithwar says:

    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.

  9. B K T says:

    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.

  10. Shrenik jain says:

    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.

  11. manish jain says:

    ​ *​ 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. ​ *​ CBD​T 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. ​ * T​alkathon on the New Black Money Law with Shri Shaktikanta Das, Revenue Secretary & Ms. Anita Kapur, CBDT Chairperson.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​
    ​​

  12. vandita says:

    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.

  13. SANJAY SHARMA says:

    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.

  14. Shekhar Athalye says:

    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.

  15. CA Suresh Singh says:

    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

  16. SUNIL PATEL says:

    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

  17. manish jain says:

    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.

  18. prasad says:

    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.

  19. NIKHIL RAHEJA says:

    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.

  20. Anand Vahalkar says:

    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

  21. NIKHIL RAHEJA says:

    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.

  22. mridul Pinto says:

    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

  23. CA SS says:

    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.

  24. sadique aden says:

    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.

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