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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.
@ https://taxguru.in/ – CA Dilip Khetan वाह रे CBDT का कानून… अपनी अक्षमताओं को CBDT वाले देखो कैसे – कैसे छुपाते हैं..? ITRs में ज्यादा बदलाव नहीँ किया है, ऐसा वो सारी दुनिया को बताते हैँ। खुद तो बजट पास होने के 12 महीने बाद तक भी एक ITR तक Notify नहीं कर पाते हैं… […]
Your attention has been drawn for seeking extension of the Tax Audit date of 30th September 2015 on a ground of totally unjustified expectations from the fraternity of Chartered Accountants to complete their job within 23 days against statutory availability of 183 days.
1. DUE DATES OF FILING OF ITR AND TAX AUDIT REPORTS We all know that the due date of filing of the returns and audit reports are as follows- 31st July – filing of return of income for the people other than whom tax audit under income tax act applies and companies. 30th September – filing of tax audit report, Income tax return of the person to whom tax audit under income tax is applicable and companies registered in India.
No Extension of Date for Filing of Returns due by 30th September for Assessment Year 2015-16 for Certain Categories of Assessees Including Companies, and Firms and, Individuals Engaged in Proprietary Business/Profession etc whose Accounts are required to be Audited; Taxpayers are Advised to file their Returns Well in Time to Avoid Last Minute Rush
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.