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
Date ni bada rahe CBDT wale no problem we can manage, bus ab aage jaise individual ki badayi thi waise future mai koi bhi date badane se rokna hoga, ab chahe kuch b ho kisi b case m date ni badayegi future mai cbdt, cbdt ko iss type ki b press release karni chahiye aaj
what about orrisa high court decision ?
Any News of overall extension ? Awaited by all finance professionals !
Can someone please update us the order for Bombay High Court if it has come in or whats the status of the writ filed?
CHEERS for TAX PAYERS FROM THE STATE OF FINANCE MINISTER & PRIME MINISTER. DOESNT MATTER ATLEAST SOME WILL LOSE And Some will GAIN. We the losers will make the government pay for this partiality
gujarat & punjab india ma nathi
After reading KSCAA rejection order, it comes to know that, if salaried employees or small business peoples file return without the help of C.A., then due to no knowledge of Tax laws and sections will CBDT will help us from harassment from income tax authorities.
Sandeep Sir,
Final Status when can have a clear picture or this is final, for Delhi
both the circulars u/s 119 of Income Tax Act 1961 for P& H and Gujarat are different but bear the same circular no.F.No.225/207/2016/ITA.II
PM Modi wants to make INDIA as Digital India but Finance Minister is partial in extending Tax audit filing date. Height of Stupidity. CBDT what is going on !
Date extended for Gujarat, Punjab & Haryana , which are ruled by BJP or its allies. What a political game
It is unfortunate that the CBDT is not learning the merits of the case in spite of so many high court decisions. Now the trade bodies have to step in to put pressure on the Government so that the CBDT will understand that it cannot be too rigid by taking it as a prestige issue.
I request all of you to kindly visit the following link and write to PM
pgportal.gov.in/pmocitizen/Grievancepmo.aspx.
If each of us write to him , may be PM will listen to us.
As present the CBDT has extended date for filing of income tax up to 31.10.2015 for Gujrat, Haryna, Punjab and Chandigarh only. What type of decesion CBDT take. Rules, Regulations and Laws should be one for all whether it is Assam or it is any other state of India. Finance Ministry should pay attention on these things.
What about Bombay HC?
Punjab, Haryana, Chandugarh & Gujrat walo ke liye aise lagta hai. Jaise unhone Worldcup Jeet Liya Hai.
Whats going on??. Are we professionals fools. Do we have to file writ petitions in all 29 states to get extension of the due date in all of india. Utter Nonsense. Does a high court order not binding for the whole of India?? If the department keeps on justifying the need for completing tax audits within 23 days, are they very efficient in closing all the pending cases lying before them? The Department interest calculations cannot change but the CA software update should change within a week. Pretty Strange and Disgusting. Very disappointed with the government. Not expected when the PM says we are working for the business community at large.
Sir,
what happend to all states whether chennai tamilnadu has gone any writ and it is pending with court what is the status and whether we will get any extension.
What about hearing at Bombay High Court and Orissa High Court’s Order ?
I am very disappointed.I am very sorry to taxpayers and CAs all over India except some states. The ICAI and its office bearers are sleeping over this issue. The FM and CBDT are very adamant in this regard.This kind of approach will give them bad name.
CBDT’s Decision to extend the ITR date in only States of Gujarat, Punjab & Haryana and UT of Chandigarh is going to divide the country furthermore on basis of regions and petitioners.
From now onwards What is applicable in one state will not be applicable for other states. The Government will need to clarify for each and every order they issue,hereafter whether its relevant to which region and not applicable to which region.
No need of Political parties, CBDT is doing their role of dividing the country
CBDT had logical & rational options. A) It could have got stay from supreme court before 30th September. B) It could have extended time till the matter is finally decided by SC.But stating that the notification is subject to appellate decision is utterly nonsense. It means that if SC reverses the HC decision on say 10th Oct. the return filed on 1st Oct is delayed return. In other words the Notification is not worth the paper it is printed on. Trying to avoid contempt charge it committed more grave, seriou & stupid contempt. Is CBDT ruled by people of such calibre?
Shocked to see such ADAMANT attitude.. not able to understand Whats wrong with these guys???
So it means that when we are arguing in appeals we have to rely on judgements of jurisdictional CIT (a), ITAT and HC hence forth.
Finance Ministry officials should be sacked. Income Tax Laws are for entire country. We should debate whether India should be one or it should be Union of Independent countries
Sir is the Bombay High Court Hearing going on
dear F.M sir please all excence DUE DATE ALL STATES PLEASE PLEASE PLEASE PLEASE PLEASE PLEASE PLEASE
Hi People, file all your IT returns by 31.10.2015, don’t worry change the address for correspondence to Punjab and Haryana States for one month only.
Sir election is in bihar, so why such mercy on others
This is a foolish decision by CBDT. I think they are egoist persons who have lost their conscience and taking decisions which are arbitrary and unjust. We should unite and fight with these types of autocratic bodies.
CBDT not update on income tax site for extension of date
Personally I feel that there can not be a more mockery of a nationwide issue raised across the geography of the country in various highcourts than what CBDT has done. Income Tax Return and Income Tax audit is a Union subject and not state subject.
On the other hand the Bombay HC stated that once a HC rules under Article 226 then the same is binding on all HC – indicating that all the HC would mostly come up with similar directives.
Is it an intentional delay tactic or ego of some persons from CBDT to get as many returns filed as possible, simply ignoring the stress it is causing on the auditor/auditee involved or is it a simple ignorance of the concept of fairness ?
Truly frustrating
Ironically only the states of PM & FM exempted. Is it just a coincidence ? whatever its unfortunate to discriminate people of state to another.
IT’S STRANGE MAHARASHTRA CONTRIBUTE HIGHEST TAX REVENUE TO CBDT & NO EXTENTION FOR MAHARASHTRA ??????????????????
What about Bombay HC?
what is the judgement of Bombay High Court?????
Regionalism decision rather than unionism decision required from CBDT.
Afsarshahi is desh se nahi ja sakti dekho majak Honable courts order ka only for Punjab,Haryana.Chandigarh,Gujarat baki Bharat Varsh me tax payers nahi hai kya.
Honestly no point in staying in India and then begging for small issues, instead let leaders visit us in other countries and ask us to invest here.
why partiality …………..?
This is ridiculuous….forgetting petty differences everyone should get together against such type of handling of important issues.
what wrong other state assessees have done..
this order is also with rider of CBDT going for appeal…is this a joke..
Now CA’s,associations of every states should go agianst CBDT,
as there are genuine hardships for filing TAR and returns.
Stand United.
Stop Work…Dont Upload anything
Bombay HC decision is awaited, CBDT shall consider whole country equally and judicially.
Is This only a face of good governance about MODIJI discussing all over the world…..
Mat badhao date…..koi nai dene ka penalty n all…who cares….how can we file wrong report just to fulfil the due date criteria??
Mr.Sandeep Kanoi,
What about rest of India?
Whats happening really confused…..What abt Bombay Court decision?
What abt Karnataka Court decisions
plz send link of official notification
WHAT THE HELL IS GOING ON… CBDT HAS CREATED AN UNHELATHY ATMOSPHERE AND THIS WILL LEAD TO A SENSE OF NON-COOPERATION ATTITUDE WHICH COULD SERIOUS CONSEQUENCES.. PERFECT EXAMPLE OF TAX TERRORRISM IN THE NATION
REQUEST RSS CHIEF THINGS WILL MOVE FASTER
ANY UPDATE OF BOMBAY HIGH COURT DECISION?
WHAT ABOUT DATE EXTENSION FOR MAHARASHTRA?
PLEASE REPLY
REQUEST NRIS TO APPEAL TO MODI IN US
F.No.22S/207/201S/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 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 Gujarat High Court dated 29.09 .2015 in case of All Gujarat Federation of Tax Consultants vs. CBDT; Special Civil Application No. 15075 of 2015 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-fiJed by 30th September,2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State of Gujarat.
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