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CA Sandeep Kanoi Social Media is a term which is very frequently used nowadays and been considered as a powerful weapon, which has the capacity to bring changes. In this Article I have discussed in a brief about Social Media and its role in extension of Due Date of Income Tax Returns from 31.10.2015 in […]
It was argued that the above decisions were accepted by CBDT and the due date was extended in the respective territories of the High Court’s jurisdiction. Hon’ble HC after considering the above two judgments held that held that it is very unfair that benefit regarding an all India statute is restricting its benefit to only two states and one Union territory.
WILL CBDT and its sycophants introspect and explain to their own consciences that why this foolishness to extend due date for filing of ITR/TAR after ending of statutory due date. What purpose it has served for them. Those who put the CBDT and MoF in this ignominious state of back track should be shunted out of their present regime.
After much hullabaloo the CBDT has issued the circular of extending due date to 31/10/15. What would have happened if the order was not issued in the first place? 1. Contempt of court petition can be filed for states who have got a writ to their favour. What is the penalty? Imprisonment or fine? Who will be imprisoned? Some scapegoat bureaucrat or say chairman of CBDT.
The issue of extension of last date for e-filing returns of income and audit reports u/s 44AB due by 30th September, 2015 has been the subject matter of litigation in various High Courts across the country. While some High Courts have ruled in favour of the extension of due date, some others have ruled otherwise.
From Last Few days I was updating the status of Writs filed in various High Courts in India for extension of Due date of Income tax Return and tax Audit Report, which were falling due on 30th September 2015. In all these appeal, some high courts has ruled in favour of Assessee, Some has ruled against the Assessee, Some are yet to decide and some left the issue at the wisdom of CBDT. So the final status of all high courts in which appeals been filed on the issue as per my knowledge is as follows:-
The Chamber of Tax Consultants Vs. Union of India & Ors. (Bombay High Court), WP 2764/2015, Filed on 22.09.2015. Bombay High Court Instructed CBDT to extend due date to 31.10.2015. We will upload copy of order and analysis soon.
By this petition under article 226 of Constitution of India petitioners sought relief by way of writ and prayed before court that due date of filing ITR should be extended upto 30.11.2015. Following relief were sought in this instant writ petition
The Karnataka State Chartered Accountants Association (‘KSCAA’) has Fled a representation dated 15.09.2015 in Central board of Direct Taxes (CBDT) seeking extension of date for filing returns from 30th, September. 2015. Subsequently KSCAA flied a PIL In Honble Karnataka High Court seeking intervention of Court in this matter.
Vide its order dated 30.09.2015 CBDT has extended due date only for the state of Haryana, Punjab , Union Territory of Chandigarh and Gujarat. Download Official Copy of the orders in PDF Format F.No.225/207/2016/ITA.II Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes North-Block, TA.II Division New Delhi dated the […]