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
I am of the opinion, all the income tax assesses , need to plan for submitting their annual Income Tax returns well on time, and should not wait for the extension of the dates, as it has been a practice for all the assesses . If we can not complete the job in 18 months , what we can do in another one month time?
Today at 4 HIGH COURTS OF INDIA HAVE HEARING FOR EXTEND WRIT MAY GOOD NEWS RECEIVED TODAY… PL UPDATE IF ANY RELIEF GIVEN BY ANY HIGH COURT
Expecting favorable result otherwise Honorable Govt. will have to rethink & redefine the concepts of-
‘Governance’
‘Professional Due Diligence’
‘Partners In Nation Building’
‘An Opportunity of Being Heard’
‘Integrity & Independence of Profession’
‘Interpretation of A Statute’
& so on..!!
Downsizing such words may ask for a big price in future.
There should be NOTA option in council election also. The members of council busy in photo sessions whole the year with politicians n govt officials but when CA ‘s need the date extension there is not a single voice for real truth!
CAs must refuse to do slavery. Govt is blackmailing CAs by threatening to give Tax Audit to other professionals also – let them. ICAI has blocked other professionals from entering the audit field – but when advocates try to prevent CAs from appearing before Tribunal, ICAI protests. Give up double standards and let all professionals do tax audit – then there will be more professional bodies to protest, as nobody can complete audits and file returns in 23 days. Meanwhile CAs should relax and do the audit slowly – health is more important than anything else.
MAY PARVEEN PALISE EXTED
Government should extend the date for filing tax audit report without going for prestige or adopting indifferent attitude.
Government will lose nothing by extending the date. Instead, the quality of audit will improve with time available.
– See more at: https://taxguru.in/income-tax/tax-audit-date-extension-status-high-courts-appeals.html#sthash.NXqDTICx.dpuf
https://taxguru.in/chartered-accountant/icai-meeting-fm-concrete-decision-taritr-date-extension.html
They updated this on our website after the meeting
Any updates of EXTENTION…..??
Any update on ICAI Chairman meeting with Finance Minister ?
date will be extended or not ?
Any update…….i hope good news
Any update on ICAI Chairman meeting with Finance Minister ?
Just wait and watch – date will be extended for black money holders but no such relief will be granted by cbdt to honest tax payers and their hard working CA/ITPs
Does so many practitioners all over the nation making extension requests for fun ? Board is not able to understand such small thing ? Why should we as nation get involved in litigations between Government Departments and people ? This is the real reason why our nation remains behind. It is habitual for One Government Department to fights with other Government Department. Why will they spare people of this nation ? Our Prime Minister is also sad for such state of affairs. CBDT must give extension and save time of Courts all over the nation.
Considering delay in notifying ITR forms and the amount of work required for
tax audit, the due date should be extended up to 30th Nov. There are number of
festivals.
NDA ki sarkaar mai acche din only for Government and Government employees….Na vikash ho raha hai na lootmaari upar se kewal bcoz Modi ji honest hai esliye…
UPA ke time mai sabke acche din chal rahe the…desh ka vikash bhi tha aur lootmaari bhi thi..sab jagah….sabka vikash sabki loot…
Due to carelessness of few CBDT officers (to whom given the duty to notify ITR forms) massive population including C.A.,tax advisers,assessee,tax payers are very badly hurt by CBDT attitude.
Great India
FM/CBDT aur sarkaar ki dadagiri, ahangkaar, loot aur kaamchori….Desh ke High Court sab jaante hai lekin 8 days mai sirf date aur date, koi clear cut faisla nahi court dwara ab tak……sidhi baat hai jiski sarkaar uske saamne sab lachaar….Acche din aa rahe hai..sarkaar ke aur sarkaari logo ke…..
Till this mail sent to you, No Change in Fling the Return by 30.9.2015. CBDT will not decide of its own and the same should be from the mouth of Finance Ministry for any extension. Our Ministers are sleeping like Kumbakarnan.
PLEASE SCRAP AUDIT UNDER SECTION 44AB WHICH WILL REDUCE THE BLODD PRESSURE
OF ASSESSEES
Any News for date extend
Make Subramaniam Swamy the Union Finance Minister and he has promised to abolish Income Tax, which has made everyone’s life miserable. CAs’ work and income will reduce but their health and happiness will increase.
today also ITR form No.6 in excel utility is not opening on the site of the Income Tax because of some error and the CBDT wants that the return should be filed in time.
Harassment by IT and Sales tax departements increasing day by day. Now the the time has to come to reform our departments
Our President should not plead for extension up to 31october.It should be 30-11-2015.Anyway case is in the court.Bueurocracy uses professional for their advantage. What they loose to extended up to 31-11-2015
Any News from Rajasthan High Court ??
Dear All,
Writ Petition should be filed across whole india for effective demand of extention.
All associations of respective industry too should send request letters for extention
Good news for all of us ! the date has been extended for a month! just saw this dream now waiting for official announcement 🙂
Now we are conducting audit NOT one after other but ALL at a time along with all other extra work related to filing TAR and return.Now,it is time for CBDT TO ANNOUNCE EXTENSION without any DELAY and without WAITING for court verdicts and relieve all auditors and their staff from STRESS.
we highly appreciate the efforts of Shri CA Avinash Gupta & His Team and Other CA members who have done lots of efforts for our whole CA community even during heavy work pressure of tax audit works. We are highly thankful to you sirs.
Sir,
Extention should be claimed by the number of days delay in notifying the forms.If the forms are notified on 29th july, a delay of 120 days equal number of days extention is to be claimed.Govt should act responsibly in notifying the forms well in advance or voluntarily extend the time for filing.A guideline to face this situation is to be pleaded before the court instead of under going this ritual every year.
Ramani
CBDT should consider Request for Date Extension to be receive From all over India & dont wait court Judgement Immediate issue circular for extension.
Personally I shall prefer no extension. We have been working day in and out since July with no sundays and late night shifts. We now deserve relaxed days in Oct and not the hectic days like September as December is coming and time barred IT cases shall be on the look out. Also Service tax returns are there for 25th Oct.
Mr. Shashi,
You do not dictate when should Hon’ble Court pronounce judgement!!!!
can you tell why Accountant do not give audit report on the same day when client brings all the required documents for doing audit on same day???
pls. do your job on time??? & let Hon’ble Court take their time to pronounce judgement….
Pl…..Give extention ….
Hope for good news soon…..
All are under pressure of Audit…..
The President ICAI is meeting the FM 22nd evening… with power point presentation. Lets hope for the best….otherwise……Can Tax Audit Reports be revised????
Thank you very much for the team we pray and our duwa with u thank you.Karnataka also filed.
India ke sab High Court ITR/Tax Audit ki problem understand karte hai. Phir bhi date par date…..why faisla same writ filed hone wali date par nahi diya jata……
Thanks to Devendra Somani and team for filing writ in Rajasthan HC.
CA fraternity need people like CA AVINASH GUPTAJI and we thank you and your team for relentless effort.THANK YOU once again.
We are waiting for good news
kya hua date badhegi ya nahi
I think its better to remove this return filing system by individuals. Rather the banks should be empowered to collect taxes on all the deposits @2% and government should ensure that no person is found with a case of more than 1 lac at a time. The number of banks to be increased and CA’s should be engaged to do Audits of Banks on a permanent basis.
This will not only help to increase the taxes by more than 100% , but also indirectly help in lowering the corruption and misuse of power by tax officials. Please, FM ji, thinking should be done this way also in the greater interest of Corruption free India.
HARASSMENT HARASSMENT AND HARASSMENT BY ALL THE GOVERNMENT AUTHORITIES . UNREASONABLE DEMANDS , USELESS QUARRIES AND TOTALLY AVOIDABLE PAPER WORK.INDIAN STANDS AT THE POSITION OF 145 OUT OF 189 NATIONS IN THE EASE OF DOING BUSINESS. WHAT A SHAME FOR THE MINISTERS AND THE ARROGANT BUREAUCRATS.A WEAK MAN IS ALWAYS SHOWING HIS POWER TO HIS WIFE AND SO IS THE INDIAN BUREAUCRACY THEY SHOW POWER UPON THE HELPLESS AND HAPLESS INDIAN CITIZENS.
NOW BRING MOVEMENT LIKE PATIDAR MOVEMENT ALLOVER INDIA AGAINST HE CORRUPT AND ARROGANT GOVT OFFICERS.
Dear CA Fraternity
I personally am against requesting for extension, being a working professional, wherein we should plan in advance etc. This is a rare case where the CBDT delayed notifying forms etc.
I hope the courts also consider the vast changes in the law of the land w.r.t. Companies Act, 2013, Revised Depreciation Requirements and over – electronic communications by the Department. Be it due date reminder, 245 Reminder, E-verification reminder, the departments have bombarded the Tax payer with useless emails.
Further, the local VAT & other laws have troubled the tax payers last year for recovery of tax demands although the matters are in appeal.
Increasingly our professional time is being wasted in handling the over enthusiastic departments, who otherwise dont pick up even a pen.
GOOD EFFORTS FROM THE CA. ALL THE OTHER STATES WHO’s NOT FILED WRIT PETITIONS THEY HAVE TO BE FILED WRIT ON THEIR STATES THIS WILL EFFECTS THE JUDGEMENT REGARDING EXTENSION OF DUE DATE IT SHOWS CA’s UNITS. THE OTHER STATES HAVE TO FILED WRIT.
i think date will be extend after 25th…………………..
Banks give very little time for CAs to do their branch audit, but ICAI has clarified that CAs should not be pressurised and should do quality work even if takes more time. Similarly, ICAI should ask CAs to take their own time for Tax Audit – else, promise CAs that no disciplinary action will be taken against them for filing wrong data by the due date, as CBDT has not given enough time to do a quality audit. This will open CBDT’s eyes and they will give extension – or scrap Tax audit or give the work to other professionals also. All 3 situations are better than the current one.
Tareeq per tareeq
READY FOR STRIKE FROM 24/09/2015 TO 30/09/2015