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
Aam public samjha nahi Pm ‘MANN KI BAAT’ nahi ‘DHNN KI BAAT’ karte hai. Abhi tak Kisan Suicide kar rahe the ab Chote Tax Professionals aur Chote Bussinessman ki Bari hai. Hum ko Pakistan se darned ki jaroorat nahi dhire dhire ye Sarkar yahi Pakistan bana rahi hai
if a small chartered accountant engaged in practice he face at least 64 last date in my knowledge in a year. means almost once in a week. even they are ready to face it but our poor finance minister and most unprofessional CBDT chair person can’t under stand how to simplify the thing. so many requirement for filing even a simple return how can expect that a small independent CA manage in few days.They even not bothered. I personally request all the CA member please stop all type of audits for just 6 month and convey to clients not to deposit a single rupee of tax and look the impact of my suggestion. even FM and PM requesting ” AARE BABA AAP Ki SABHI DEMAND ACCEPTED” only a single decision can do “ALL the things in right order”.
PM MODI IS GREAT SHOW MEN OF CENTURY… HE MADE US FULL BY HIS DRAMA “MAN KI BAT ”
BUT CAN’T LISTEN OUR’S ” MAN KI BAT AND DIL KI BAT “
Sir tomorrow Bangalore bundh.so much request from all corner of India but no response from these people,
GOVT. AUR C@@@@ DONO ULLU BANA RAHE HE SABKO
PAHELE TAX TO BHARDO USKE BAD DATE BADH JAYE GI SAMJO
28.8.2015 KO DATE BADH JAYEGI KOYKI TAX AAY GAYA FIR KAYA PROBLEM HE
I think No Judges are not ready to take any risk and independent decision and awaiting other judges decision. As usual they are postponing the dates. and even on 29th also they will postpone the judgment to 1st of week of october . since they are not aware the facts and difficulties of CA and other supportive professionals
Aravind
I think No Judges are ready to take risk and independent decision and awaiting
other judges decision. As usual they are postponing the dates. and even on
29th also they will postpone the judgment to 1st of week of october . since they
are not aware the facts and difficulties of CA and other supportive professionals
Aravind
hare ka sahara
Mr. PM , Your Government Achievement of Tall Claim is here every one to see !! The Very Good examble of “Bad Governance” is ” Great Mess in Extension of Due date for filing of Income Tax returns” . If a country needs 10 Writ pettions in various High Courts all over India to get relief to extend the due date , which is obsolutely the fault of the CBDT , a defucnt body of retired , useless unprofessionals , who servered their loyal political masters to get the post to enjoy and enrich and harrass the public !? which issues only notification to withdraw subsequently ! what type of decisions are being taken in your Government ? when Majarity citizens voted to your paty to power to take informed decisions on matters involing Direct and Indirect TAX , Economy and Development where as the contrary/opposite is happening . All crucial Tax Matters which affects the Traders and Business men are left to the corrupt Bureaucrats!? who are faceless and least botherd about public openion . They are unconcerned self centred , corrupt , British Era people , unprofessional. Your FM is reduced to pappet , who takes no impartial decisions ! The already south bound economy will fall further to South ! Let next election to come the Citizen of this country will ensure this useless BJP to Advani era 2 Numberin Lokshaba !
This government is not thinking problem of businessmen & C.A. Their are so many problem One is DENGUE our office & so many offices facing staff problem so many staff members suffering from DENGUE and other Bank holidays for three continues days and other notification of form get late by CBDT so we want Date Extension For one month ie 31.10.2015. Government can stay with tax deposit date ie 30.09.2015 and their after Interest will charged. – See more at: https://taxguru.in/income-tax/tax-audit-date-extension-status-high-courts-appeals.html#sthash.pLyynNRm.dpuf
This is really very shame for our council members. I don’t think they have any courage. Both Govt, cbdt and High court making fool to us. They are having arrogant approach. I don’t know for other but I will boycott all government seminars and activities. This government think only they are honest pubctual and all others are Wrongdoer.
Not to speak of any one court all are having same approach. what a good country where we are living. they are enjoying from the tax that has been paid by us.
Moreover don’t give vote to current council members. They have no ability and courage.
MODI SIR & ARUN SIR PLES EXTEND DATED
P.M OR F.M PLS THINK ABOUT SMALL BUSINESS & EXTEND DATE 30.09.2015 TO 31.10.2015
SIRF FOREIGN TOUR MAT KARO. APNE DESH KI TARAF BHI DEKHO.
The Act should impose penalty on CBDT/Administrative Body & its officials for delay in releasing ITR Forms. Due dates for releasing form/FINAL form should be fixed and any delay should be liable for penalty on CBDT/Administrative Body & its officials. Also date of filing audit report should be extended by the number of days delayed in issuing forms suo motu.
Tarik pe tarik happen in cinema
Now it is happen in real life
Justice nehi mil raha hai
Tarik mil raha hai
Tarik mil raha hai
Hi
Our constitution definition should be change as “for the elected Politicians and bureaucrats , from the elected Politicians and bureaucrats & by the elected Politicians and bureaucrats to the whole people of India”.
The Laws made are applicable only to common people not for Politicians, Bureaucrats, Celebrities (no word in constitution) & Rich people.
The Judiciary personnel are passing the order without looking to the practical & ethical problems, there also the corruption has spread (Best Example Karnataka Lokayukta).
So, don’t expect anything do your duty as much as possible instead of begging them.
PALISE MODI SHAIB INCOME TAX RETURNS EXTED 30/09/2015 TO 31/10/2015
MODI SHAIB APKI KIRPA HOGI MODI JI APKE ACHA DIN KAHA HAI PALISE EXTED
Dear CA’s,professionals. This is really a pity and shame on CBDT & FM. The HC and CBDT is definitely making us fool,playing game with us and there is no value/respect given to such a prestigious and eminent body of CA’s -ICAI and tax professionals, while our prof. fraternity is important machinery and helping Govt to collect lacs of cores of tax money. I feel sorry to say but even the body of slaughter shop owners are more powerful than us as they got Meat ban lifted by HC just within 3 days. Even Salman Khan got bail from HC without having copy of original order of lower court against which the appeal to HC was preferred, HC openly acted maliciously and beyond the provisions of law while helping and granting bail within 2 hours.Thus even salman is more powerful than us. Certainly its so hurting that All the HC didnt heard our cry and voices from masses and just doing Tarikh pe Tarikh. ICAI should take firm stand and mass agitation and demonstration should be exercised against this adamant view of CBDT and Govt.
Dear CA’s,professionals. This is really a pity and shame on CBDT & FM. The HC and CBDT is definitely making us fool,playing game with us and there is no value/respect given to such a prestigious and eminent body of CA’s -ICAI and tax professionals, while our prof. fraternity is important machinery and helping Govt to collect lacs of cores of tax money. I feel sorry to say but even the body of slaughter shop owners are more powerful than us as they got Meat ban lifted by HC just within 3 days. Even Salman Khan got bail from HC without having copy of original order of lower court against which the appeal to HC was preferred, HC openly acted maliciously and beyond the provisions of law while helping and granting bail within 2 hours.Thus even salman is more powerful than us. Certainly its so hurting that All the HC didnt heard our cry and voices from masses and just doing Tarikh pe Tarikh. ICAI should take firm stand and mass agitation and demonstration should be exercised against this adamant view of CBDT and Govt.
CBDT have updated new version 1.3 of schema released on 24.09.2015
for ITR 4, ITT 2 AND ITR5 …….SO WHERE TO GO NOW MR.PRESIDENT (ICAI) , IS INSTITUTE DOING SOMETHING OR JUST WAITING FOR COURT VERDICT ….IF YOU DONT HAVE GUTS TO PROTECT MEMBERS CONCERN KINDLY RESIGN …IT WILL BE BETTER .
The apathy of the people who govern …… maybe this was how terrorism was born… just because the people responsible did not listen when they should have…. Remember the French revolution?
FM wants Budget inputs….. sunenge kya?
Bank holidays from 25-09-2015 to 27-09-2015 therefore extention of ITR along with Audit Report should be 15-10-2015 for A.Y.2015-16.
while PM trying to bring Fortune 500 companies to India, This govt. treats small business in India like third rate citizens. we small business are unwanted in India?
GO TO SUPREME COURT AND ASK , TO FM AND CBDT ONLY TAX ARE NOT IMPORTANT FOR GOVERNMENT ALSO SEE THERE PROBLEMS AND UNDER STAND MATTER,
No updates for today??
Pl give extension……
icai letter no body care either by Govt or by Judiciary.This is fate of our inststitute.
I guess the only practical solution left now is to start a dharna and go to Hon’ble FMs office and residence with our pleas……. As rightly said Justice delayed is justice denied…. No better situation than this for the saying
CBDT HAS AGAIN AMENDED SOME CHANGES IN SCHEMA YESTERDAY WHAT IS GOING ON ? LETS STOP THE WORK
Department amended form 3CB 3CD 3CA and ITR Schema and validation rules. What is the fate of Assessees?
Media knows ours problem.
Modi ji please extend audit date
Our council members are good for nothing.we should boycott institute elections.
Our council members are good for nothing.we should not boycott institute elections
In a New Drama of CBDT, they have updated new version 1.3 of schema released on 24.09.2015 and prepares to update the software.
Source : incometaxindiaefiling.gov.in
Dear All,
From this year onwards, CAs must attend the AGMs. which is usually conducting Sept. Last week all over India. If they go with their DSC, how the assessee’s Tax Audit Report should uploaded
Maar daala re es govt ne bde aache din aaye raat ko b din jaise kaam kr rhr h bhe re p.m or
f.m tum logo se toh manmohan uncle aache the dosto nevet vote bjp maine toh ksm kaa li
All the High Courts are hiding behind the pardah as each and every one of them have postponed the hearing to 28th or 29th September.They think we are fools not to understand their uniform approch.They don’t have the guts to decide one way or the another.They wake up at 3 am to give justice to a terrorist.shame
It is time we become Hardik Patel or Kejriwal and questione many of the atrocious judgements. CAs are punished for negligence even for clerical errors. We should openly ask what is the punishment for the judges of HCs and SC for erroneous judgements.
Ek filmi song yaad aa gaya…pehle aap, pehle aap es chakkar mai kahi tax audit aur ITR ki date nikal na jaye…Desh ke High Court mai yahi game khela ja rahe hai…esliye sab date de rahe hai koi bhi pehle faisla nahi suna raha hai….Ed ke festival par court bhi tax payer ko bakre ki trah halal kar raha hai…Maharaaj hum hindu hai hamara ek baar mai jhatka kar do…aur faisla jaldi do..es paar ya us paar….
This government is not thinking problem of businessmen & C.A. Their are so many problem One is DENGUE our office & so many offices facing staff problem so many staff members suffering from DENGUE and other Bank holidays for three continues days and other notification of form get late by CBDT so we want Date Extension For one month ie 31.10.2015. Government can stay with tax deposit date ie 30.09.2015 and their after Interest will charged.
Leadership of fraternity is in hands of people who become leaders not to give back but to seek more. Here also they all seem to be seekers not asserting their rightful demands. They are happy posting their photographs with the FM giving him bouquet of flowers and are smiling in their suits and ties and have no regrets of being shunted out by the FM with empty hands. HOPELESS.
thore samay me hi janta jinme hum kuch pare likhe log bhi aate hai kya wakay ache din aa gai hai yeh sarkar kya saabit karna chahti hai
Sir Date Nahi badi to working he khatam ho jayegi
ICAI pl take urgent decission NON CO-OPERATE TO GOVERNMENT
DON’T UPLOAD ANY AUDIT REPROT OR ITR TILL EXTENSION NOTIFICATION DECLARE
JABSE YE ACCHE DIN WALI GOVERNMENT AAYI HAI TABSE EXTENSION KE LIYE HIGH COURT ME WRIT KARNI PADTI HAI…
UPA GOVERNMENT EXTENSION KE LIYE ITNA NAHI TADPATI THI
now only 1 solution for us GANDHIJI pl ICAI take decission not to upload any audit report or return before extension notification
ASAHKAR ANDOLAN
Dear Prime minister Modiji please give date extension for audit to 31.10.2015. This date is helpful to all people for working perfectly and pesentionly. In the time of Sri A B Wajpai Govt. Always given date is 31st Oct of every year that date is suitable for all people.please give the same 31st Oct 2015. Thanking you sir.
just income tax department updated there Schema of Forms(Other than ITR) on dated 24-09-2015.
***THE LAW MAKING BODY OR PARLIAMENT OR LEGISLATIVE BODY PROVIDED IN INCOME TAX ACT 4 MONTHS TIME FOR FILING INCOME TAX RETURNS IN CASE OF NON AUDIT CASES AND 6 MONTHS TIME.
**** IS NOT CBDT OR ADMINISTRATIVE BODIES MAKING MOCKERY OF PROVISIONS OF ACT BY UPLOADING E-FORMS LATE AND THEREBY RESTRAINING INCOME TAX ASSESSEES AND PROFESSIONALS THE TIME GIVEN BY ACT TO FILE THE RETURNS OR FORMS. IS CBDT HAS TO BE GOVERNED BY INCOME TAX ACT OR INCOME TAX ACT HAS TO BE GOVERNED BY MISCHIEFS OF CBDT AND OTHER ADMINISTRATIVE BODIES.
**** IS EVERY TIME THE HELPLESS PEOPLE HAVE TO KNOCK THE DOOR OF COURT FOR JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE BODIES.
*** ARE ADMINISTRATIVE BODIES SHAMELESS ENOUGH NOT TO RECTIFY THEIR OWN MISCHIEFS.
F M and CBDT
Give 60 days in place of 23 days.
Law says 60 days
CBDT says 23 days
Court says date date and date ….a.. date
Our Judicial system
Where we File writ ,pil and ….. for justice
In due date case where date are the main factor. CBDT gets date for enjoyment and
CA’s one day loss are facing more trouble.
Till today all High Courts gives pititioners
only date and also reduced days
………when justice will come…..before 30th or after 30th