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The Chamber of Tax Consultants Vs. Union of India & Ors. (Bombay High Court), WP 2764/2015, Filed on 22.09.2015

Writ is been filed under Section 44AB, 139, 119 of Income Tax Act, 1961  and will be heard by Hon’ble Shri Justice M.S. Sanklecha and Hon’ble Shri Justice G. S. Kulkarni.  Advocate Rahul K. Hakani will be attending on behalf of Petitioner The Chamber of Tax Consultants.

Update on 22.09.2015- Law and Representation Committee of The Chamber of Tax Consultants under  the guidance of Dr K. Shivram has filed Writ Petition for extension of Date of Filing of Audit Report and Income Tax Return (ITR). Hearing for the writ will take place today i.e on  23.09.2015 at 03.00  PM in Court Room No. 06.

Update on 23.09.2015-  After Hearing case been adjourned to 29.09.2015 for further hearing.

Update on 29.09.2015-  High Court ruled that if  CBDT don’t respond to Instruction of other High Court by tomorrow (30.09.2015) than  they will hear it tomorrow (30.09.2015) at 3 pm. Court further ruled that if a High Court  rules under article 226, same would be binding on all High Courts of the country.

30.09.2015-  Bombay High Court Instructed CBDT to extend due date to 31.10.2015.

03.10.2015- 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

Download Full text of the Operative Judgment.

Tax Audit Date Extension- Status of High Courts Appeals

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0 Comments

  1. deepakkathuria says:

    CBDT HAS DIVIDED ONE INDIA INTO DIFFERENT STATES BY EXTENDING DUE DATE OF FILING RETURNS IN PUNJAB, HARYANA GUJRAT BASED ON COURTS JUDGEMENTS AND NOT DECIDING AS ONE INDIA AS INDEPENDENT AUTHORITY

  2. Rajesh says:

    In my opinion we as members of a autonomous body shud suo moto not consider extension if it applies to specific States. I see comments where people have started asking for extension news state wise. Better no extension at all rather than specific state extension. Ps: practising in Mumbai where th HC has given a favourable decision

  3. ca prakash patil says:

    TO
    THE CHAIR PERSON
    CBDT
    THANK YOU VERY MUCH , AS IT IS 1.46 AM OF OCTOBER 2015 AND NO OFFICIAL ANNOUNCMENT BY THE CBDT FOR EXTENSION OF TAR FILING IN MAHARASHTRA AS PER ORDERED BY THE BOMBAY H.C. THIS IS CONTEMPT OF HIGH COURT AND THE RESPECTED COURT SHOULD TAKE NOTE OF THE SAME AND ORDER FOR REIGRIOUS PUNISHMENT FOR THE CBDT OFFICIALS FOR CONTEMPT OF BOMBAY HIGH COURT

  4. kandarp says:

    jiska raja vyapari uski praja bhikhari.why cbdt is harrasing people & C.A.AS WELL AS ACCOUNTANTS ? PEHLE C.A.BANANE KELIYE JAKH MARI KARO.HOLI DIWALI SUB BIGADO BAD ME PRACTICE ME ANEKE BAD SUCH TYPE OF HITLERS SE SAMBANDH NIBHAO OR APNI PERSONAL LIFE BIGADO.SUGAR AUR B.P.BADHAO.
    OUR P.M.IS BUSY TO ATTRACTIN FOREIGN PEOPLE TO INVEST IN INDIA.BUT FAILED TO SATISFY THE GENUILEN DEMAND OF THE HOME PEOPLE.
    JAI HO MODI SARAKR |
    ASMAN SE GIRE AUR KHAJURI PE LATKE.

  5. S.S. AGGARWAL says:

    IT IS SAME FULL DAY FOR CBDT AS WELL AS FINANCE MINISTRY FOR THEY HAVE NOT FAITH ON TAX PAYERS. WHETHER ANY DECISION OF ANY HIGH COURT NOT BINDING ON WHOLE INDIA.

  6. Dinesh Pal says:

    The high handedness by the Babudom / govt at its best. This BJP Govt was supposed to be do away from tax terrorism. But Alas it continues. Every year 30th September is the deadline to file the returns of the companies and file tax audit returns along with Report. Non-filing of returns can result into the losses not getting carried forward and max penalty of Rs. 1 lakhs for late filing of audit report . Every year Central Board of Direct Taxes (CBDT) has to issue the forms before start of the year but this year the forms came too late. Most CA’s represented to CBDT to do an extension but it was rejected by CBDT. So cases were filed in Punjab, Gujarat, Calcutta, Karnataka, Bombay, Orrisa, etc. Yesterday Gujarat and Punjab High Court gave the judgment that the date should be extended on the basic principle that there is delay from CBDT in taking out form and similalry the filing date should be extended. So now CBDT was under pressure that if does not comply it will be contempt of Court So What does CBDT do?
    CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat .
    It simply means we are Kings of this Direct Tax Domain So Forget the Basic Principle, we shall only save ourselves from Contempt but our diktat shall continue to rest of India. Where in the World will such a thing happen?????

  7. Sadique Aden says:

    I think why we are so much worried regarding extention of Audit Report when our beloved Government are making facilties for every state just like Vat System policy than no one have to worry for Central system of Income Tax Act , Modiji has gone to U S A for upgradation of our finance policy where CBDT will not listen to anybody but will only interest to collect revenue anyhow and that to immediately by not extending due date so that our Prime Minister should go for a world Tour every fortnight I wonder in our country who is our foreign minister

  8. Sadique Aden says:

    Today the nation show the biggest political game of the country where CBDT has rejected the High Court Order of karnataka which not belong to BJP Government , so for them no extention but for Gujarat,Punjab & Haryana the same CBDT were so much obedient that they passed the order and granted them extention , what s politically shame

  9. Mohamed Nawaz Haindaday says:

    Our FM is a well known lawyer; yet, there has been a gross contempt of the orders of the various High Courts. Infact, by ignoring order of Orissa High Court, CBDT bosses have shown high handedness. The Hon’ble Bombay High Court has ruled that an order passed by any High Court in the Country is binding on all High Courts. I have read the order of the Hon’ble Punjab & Haryana High Court and it does not in any para direct the CBDT to extend due date only for Punjab & Haryana. I also fail to understand under what provision of Income Tax Act has the CBDT chosen to be selective and discriminatory in extending due dates. Area wise extensions are specifically given in case of situations of natural calamities, as has been done in the past. However, only because High Courts of certain states have passed orders in favour of petitioners, does that allow discriminatory extension? Further, if this is viewed in conjunction with the views of the Bombay High Court and considering the fact the context of petitions filed for extension all over India was the same, extension should have been for entire country and not selective.

  10. Nilesh Lad says:

    it is pure that this Government is Hilter government.Where is our Finance minster.I Think FM is busy in Bhiar election.
    I think last government is better than this government.
    government not having control on department.
    It is good joke that department given extension to only few states.
    I am practicing from last 10 years but this type of attitude of department I had never seen.
    If no extension from department for all states then no extension for this government after 4 years.

  11. Vikram Thanvi says:

    Some cases of reputed celebraties are being handled very fast and even on 3 am, but is this not an important issue. Dear Govt, please take care of this also. Issuing notifications at last moment is not good for the people who file return on time. I know, my team worked very hard to acheive this 30th Sept Deadline, mostly 18 hours a day…………anyways, not in our hand…………

  12. VK Ghanekar says:

    In the present scenario it seems that motto of the CBDT has shifted to MAXIMUM HARASSMENT to the CAs & Tax Payers irrespective of volume of Tax collection.

  13. Ashok Kumar Vyas says:

    Hon’ble Prime Minister Sir,

    You are father of our Nation, Can you intervene in present issue, by Ordered to Fin Ministry Staff i.e. CBDT Staff to issue order U/Sec. 119 for extension of Return and TAR filing date should be 31/10/2015 for whole India

  14. Laksh Malik says:

    Update on 29.09.2015- High Court ruled that if CBDT don’t respond to Instruction of other High Court by tomorrow (30.09.2015) than they will hear it tomorrow (30.09.2015) at 3 pm.Court further ruled that if a High Court rules under article 226, same would be binding on all High Courts of the country. – See more at: https://taxguru.in/income-tax/writ-bombay-high-extension-taritr-due-date.html#sthash.7cl6L2M4.dpuf.
    AS PER ABOVE OBSERVATION OF BOMBAY HIGH COURT, ARTICLE 226 JUDGMENT IS APPLICABLE TO ALL HIGH COURTS. THEN WHY DATE NOT EXTENTED FOR WHOLE INDIA. REALLY BAD AND DICTATORSHIP OF CBDT

  15. CA B D KULKARNI WANGIKAR says:

    cbdt chief is chairperson and it is joke in our democratic country. Not obeying highcourt orders. She should be removed and person with elastic vision be placed. CBDT is created to safeguard interst of common public. They are hiding their mistakes of not displaying forms in time. it is also mistake of our ca institute that at the time of meeting with Arun Jetly they have not accompanying ca Suresh Prabhu

  16. 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.

  17. c.v.promod says:

    taxpayers are the backbone of our economy if the attitude of CBDT does not open its mind on the tax payers than the economy will suffer and honest tax payer will to become dishonest. Irequest CBDT to be flexible and it will give results.

  18. anil says:

    The Bombay High Court must give its decision independently. It should not wait for other high court decision. It is a matter of time and time is the essence of this case

  19. Divyesh Mehta says:

    Matter Posted in Bombay High COurt Postponed to Tomorrow at 3.00 pm at request of CBDT Counsel. In all prababilities it is likely to be extended

  20. kumod kumar says:

    To
    The chairman CBDT

    Sir
    As a CMA and a Tax Consultant. I have to regretfully inform you that all the Acts governing the collection of tax from public along with system designed to collect taxes have been formed within a constitutional premise i.e. maximum tax collection through minimum recourse. But it should also include i.e. “minimum harassment of assesses”. All of system of tax collection is cost centres but “The assessed Public” is only one revenue generating centre. All the cost centres should must run on time.
    But all the cost centres of revenue is compelling, hrashing, any how teasing the revenue generating public and applying all those power to tease public. ITR lV should be uploaded in April 2015 but CBDT applied its power in its favour and uploaded after too much delay. Bur now the same institution is applying its power against the assesses. This action may generate some more revenue for Central Gov’t . But CBDT should remember that it has not been enacted to collect penalty. If the date U/s 44AB so not get extended it will be activity wntended to harsh the Assesses.
    Thanks

  21. akbar says:

    every C A should go for no filling of tax audit on income tax site.this a huge joke with indain tax payer.i think CDBT decision is cutting of Golden Hens (tax payers)from every side.

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