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
CBDT chief has proved his/her utter incompetence.This is very dangerous.PM Modi should immediately replace the chief.India’s worst CBDT chief since independence
Pathetic display of arrogance and contempt to judiciary.Utter disregard to law by CBDT.
CBDT had displayed utter disregard to the rule of law.CBDT chief has divided the nation by its discriminatory approach.Foreign investors will be scared.CBDT chief should be sacked immediately
CA Sandeep Kanoi Ji,
Please update latest news about extension…..
We are waiting for updated news…..Please
cbdt date as per order TODAY income tax filling DATE EXTENED not audit. cbdt said to assessee relief interest 234A, NOT AUDIT DATE EXTENDED CA WORK REQULAR ON SITE & DATA UPLOADED. IF TIMELY WORKING CBDT NOT HARRASMENT C.A. AAJ KI RAAT CBDT KE NAAM
is extension for whole country coming ????
ICAI should take a united stand will not file returns even in states where relief is now granted. Instead Will cooperate only if relief is granted PAN India. If this body goes on aggressive mode, then CBDT will relent. As a assesse I shall have a reason with the dept. and get the penalty condoned. In fact the fraternity should have gone on a no-work rule much before to make the dept see the reason. This is the only way you can negate them and make counter moves.
Mr. Arun Jetley is an advocate and was a senior counsel in supreme court. Being a lawyer and finance minister, how he admitted the stand of CBDT in postponing the compliance of tax laws by a month to few states and enforcing compliance to rest of the country is really a mockery of tax laws.
Its time to unite and show irrespective behaviour of CBDT toward HC orders
Thanks Tax Guru…Thanks Sandeep for updating us from time to time. Thanks a lot.
I think we should post this whole episode on facebook and other social sites, so that the international business community should know the redtapism and attitude of cbdt, which will wake up Mr Modi who is welcoming international business community to come and invest in india and also i request fellow professionals to write to PM on this whole episode, flood his mail or social site with this episode
ANY ONE CAN CLEAR THIS POINT
sir please tell me about the date of e-filing in tax audit report submit was extend or not.
please it’s very argent.
In pursuance of High Court order means that it extends date of audit report & tax return both.
Thanks to Bombay High Court & Practionars
Very true, this government is not for public, they should listen to the judicial annoucement for whole country not for any state.
In my opinion CBDT’s extension of time for some assesses is discriminatory because cause is the same for all assesses. Either CBDT should have gone to SC against the adverse orders of HCs or should have extended date for all & throughout India. It seems that CBDT is playing cheap & below their status & responsibility. I am sure if matter puts to SC now either SC will extend the date for all or will reverse the order of HCs But will never agree to discriminatory position of CBDT. Finally I think CBDT is in combat mood. CBDT members have taken on the challengers personally.
I think, no case has been filed from TN, why?
KUSH NAHI KAREGE YE MODI SARKAR EXCEPT BAKWAS
DUE TO DEPARTMENT THIS ATTITUDE, PEOPLE DO NOT WANT TO SUBMIT ANY ITR.
Dear Friends
If any body has good contact with MEDIA, kindly bring this issue to the public, about this atrocious act.
Congratulations to “The Chamber of Tax Consultants – Mumbai” for initiating on behalf of entire Country (Maharashtra State – from CBDT Point of view) and finally getting a very favourable order and much needed relief.
>>>>>Thanks a Ton………….
This is so rigid ,adamant and ill mindset of CBDT and FM, they have given such a insulting treatment to the professionals and tax payers & even making contempt of court and judiciary, completely mockery of law. Most of the tax professionals are great admirer of Modi led NDA Govt.Many hv taken great pains to elect Modi Govt, but their voices r not heard by FM. We may be small number of professionals but we have entire force of taxpayers behind us. I personally feel that we r insulted and our anger should be communicated to our great PM by writing him a detailed letter and showing our anger against the Adamant CBDT,FM and bureaucrats
Sir whether the date has extend or not For Maharashtra
Pls Give Updates
karnataka bangalore oh how much tax collection from this state cbdt knows. Bangalore c p c got gold award in bangalore. for this soft and loving people you are rejecting cbdt this is not fair on part of you and you are dividing the country, like this only india got divided during english period. please accept our honble high court decision and please extend the date
sectarianism.
how strange punjab & haryana not situated in india?
CBDT ko zaleel honeki aadat ho gayi hai
AFTER RELASE OF CBDT CIRCULAR FOR EXTENSION ONLY FOR PUNJAB HARYANA CHANDIGARH AND GUJRAT AB BOMBAY HIGH COURT KE JUDGEMENT KE BAD FM TEAM KAYA RAT KO SUPREME COURT APPEAL KAREGI YA FIR BOMBAY KA NOTIFICATION NIKALAGE. IS TARAH TO CBDT YA FM KO EGO PROBLEM TO HOTI RAHEGI . …………….SHAME SHAME SHAM
IT IS MAKE IN INDIA
Let the Govt may say Ease of Doing Business, But the Admant Beauracracy shows how thew behave. For the extention in due date Various Assocaitions met the CBDT/FM but no solution, therefore The Assocaitions has to go to High courts. This shows the admant nature and our PM is saying we are simplifying the things.
This is one of the best example how the Bearaucrates are behaving.
Jis Desh Ka F M andha or Behra ho us desh ka kuch nahi ho sakta
All are asking for just 30 days time …
CBDT acting as if we are asking for 100% tax rebate….! ..and they have pay it out of their pocket !
sir please tell me about the date of e-filing in tax audit report submit was extend or not.
please it’s very argent.
justice denied as justice delayed .
So will any of these Order’s affect PAN India ? What about Tamilnadu, I didn’t see any standing High court petition. I’m running a start-up and my CA ditched at last moment owing to audit of companies with high revenue and now I will not be able to meet the deadlines. This is a depressing time for all startups in the country, what benefit does it do when you boast outside the country about India’s startups when you litterally treat all companies as criminal franchise.
I feel that I should have started the company in another country where company rules are friendly and reasonable towards startups. What a shame.
Finally!!! Thanks to Bombay High Court !!! Do hell with the CBDT
Bombay HC also ordered CBDT to extend date to 31-10. Good news.
But When will CBDT issues announces the extension of date?
Shall we relax now?
GOVT NE HATHDARMITA APNA RAKHI HAI
PRAJATANTAR AUR COURTS KI AWMANNA HAI
CBDT UNDER ARTICLE 32 OF CONSTITUTION OF INDIA TO EXTEND DATE AS CBDT HAS VIOLATED THE FUNDAMENTAL RIGHT OF INDIAN CITIZENS. shame
Different courts and different orders. The logic is missing. P&H allows and Karnataka disallows. What is the reasoning and seems very stupid.
This is not justice, date should be extend for Whole country. We are waiting for extension for overall India.
Please take great decision, not poor…..
From Chhattisgarh State here is state Govt. is also BJP.
It is not understood why CBDT is taking selective approach for the same facts & circumstances when a number of High courts have decided in favour of extension.
extend due only for that states i,e, belong to BJP government. IT IS ONLY POLITICALY EXTENDED DUE DATE…… ALL OTHER STATES ARE NOT GIVE ANY TAX OR BUSINESS FOR CBDT AND FINANCE MINISTER I THINK……….. THIS NOT THE CORRECT WAY OF CBDT FOR THE THAT GIVE THE ICAI ONLY FOR THESE STATES OTHER STATES ARE NOT LIABLE FOR TAX AUDIT …….. TODAY THERE IS IN HIMACHAL PRADESH NO INTERNET BANKING TODAY WHAT WILL WE DO…
It is clear descrimanation, which the constitution do not permit. One who objects to the high handed approach and suceeds gets the relief. Some body must move to the Apex Court.
I dont understand how all this out of attention of the media? There is nothing on social media, news or any forum. Just taxguru.in. Cant digest this.
What our ICAI president is doing…? After represtation to finance ministar also he has no value at all.
JAGO CA/PROFESSIONAL/ADVOCATE, SHOW UNITY & TEACH LESSON TO GOVERNMENT.
IF FTII STUDENTS CAN PROTEST, WHY NOT WE.
Lets forget it and finish whatever we can. Lets to justice to those clients we can.
God Bless
problems are more in karnataka than other states with power cuts, dengue,unexpected heavy rains n there was also bundh…cbdt should understand the problems…n stop being so insensitive..
THIS IS EXCESSIVE JURISDICTION ON PART OF CBDT. NOW CAN SUPREME COURT SUO MOTO FOR PUBLIC INTEREST GIVE DIRECTION TO CBDT UNDER ARTICLE 32 OF CONSTITUTION OF INDIA TO EXTEND DATE AS CBDT HAS VIOLATED THE FUNDAMENTAL RIGHT OF INDIAN CITIZENS. THE FUNDAMENTAL RIGHT UNDER ARTICLE 14 SAYS ALL ARE EQUAL BEFORE LAW AND BY GIVING BENEFIT OF EXTENSION ON DIRECTION OF RESPECTIVE HC TO ONLY THOSE STATES, THE CBDT HAS INFRINGED THE FUNDAMENTAL RIGHTS OF INDIAN CITIZEN UNDER ARTICLE 14.SO BATTLE WILL CARRY ON. WE DONT NEED SUCH DICTATORS WHO CONSIDER THEMSELVES ABOVE JUDICIARY.
the dept. has not yet notified on their website about extn to PH & Guj. so maybe,, i repeat “maybe” there could be considerations for other states, there seems to be a small ray of hope,,usually they do not go so impartial so lets wait and see or maybe they will give final notification on on outcome of appeal/slp which they may have or will file in SC. Its still a open book….. 🙂
This matter related to Public so why CBDT giving extension state wise. Section 119 is for proper administration of income tax act but i think now it is misadministration by CBDT. There is no genuine hardship for other states auditors as per CBDT.
taxguru.in and CA Sandeep are doing a great job in keeping us updated. It seems that the FM/CBDT has made this an ego issue for some reason. This whole thing needs to have a logical conclusion. The question is who will provide that? Will it once again be left to the Supreme Court to bring this chaos to an end??!! Lets see.