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Vishal Garg & Ors. Vs. Union of India & Anr. (Punjab & Haryana High Court), CWP- 19770 -2015, Dated- 15.09.2015 High Court Directed CBDT to Extend due date of ITR from existing 30.09.2015 to 31st October 2015. Court also provided future guidelines for issuing forms. Check Link- Tar Audit/ ITR date extended to 31st October 2015
CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat Update on 29.09.2015 – Case is been dismissed by High Court following the judgment of same court in the case of Rajasthan Tax Consultants Association & Anr Vs. UOI. Update on 28.09.2015- As writ in the case of Rajasthan Tax Consultants Association & Anr […]
Rajasthan Tax Consultants Association & Anr Vs. Union Of India & Anr (Rajasthan High Court, Jodhpur) , CIVIL WRIT NO. 11037 of 2015 , Dated -22.09.2015 Writ is been dismissed by Jodhpur Bench of Hon’ble Rajasthan High Court following judgment of Delhi High Court.
Avinash Gupta V/s Union of India and Ors (Delhi High Court) , W.P.(C) 9032/2015 As per information received from Appellant CA Avinash Gupta, While hearing the above case on the matter of extension of due date of Tax Audit Report and Income Tax Return Filing, Hon;ble High Court has interalia issued directions to CBDT To notify ITR Forms on or before 1st day of the assessment year and to record reason for delayed release of ITR if it fails to release ITR on time.
Almost each year due to one and other reason tax consultants or tax payers demand extension of due date for filing Tax Audit Report under section 44AB of The Income Tax Act 1961 and Income Tax Return under section 139 of The Income Tax Act 1961.
In the case of Avinash Gupta and Ors V/s Union of India and Ors It was held by Delhi High Court that in this case it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL)
ICAI President CA Manoj Fadnis suggested that The ‘specified date’ for the purpose of audit of accounts and furnishing report of such audit under section 44AB is the due date of filing return of income under section 139(1). Therefore, in the interest of the stakeholders and the Revenue, the said date for A.Y. 2015-16 for assessees mentioned Under clause (a) of Explanation 2 to section 139(1) be extended from 30th September, 2015 to atleast 31st October, 2015.
In continuation of its efforts to serve the profession, Tax Research Foundation has today filed a Writ petition titled as ‘Avinash Gupta & Ors Vs Union of India and Ors’ , seeking extension of due date of furnishing Tax Audit Report.
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.
ICAI vide representation made to CBDT has requested to to grant extension for filing of Income Tax Return for A.Y. 2015-16 up to 30th September in case of Individual and HUF and up to 31st December in case of Companies. It also requested to consequential extension in due date of filing Tax Audit Report to 31.12.2015.
