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Latest Update on Due Date Extention for TAR
Wednesday, September 23, 2015

         Highlights

         Is Due date extention coming: YES !!!!!!!!!!

  1. CBDT considering extension of due date for Tax Audit Returns after filing of Petitions for extension in Dozen High Courts. (source : mail from All India Taxes )

 

  1. As informed to us by the petitioner, during the course of hearing today in Karnatka HC on the WRIT Filed, the Hon’ble court, headed by Ld CJ, had directed the Standing counsel of CBDT to obtain instructions / orders from CBDT. For orders on Monday, ie 28.09.2015.

        Brief Synopsis making out a case on reasons

      1.     Belated notification of ITR forms, prejudice to right to file returns till forms are notified.

      2.    Incompatability of Java Software with IT website.

     3.    Slow down of IT Website (Can we forget what happened on 30th /31st August 2015, which they also admitted when extending due date till 7th of Sept, 2015)

     4.   Amendments in The Companies Act, 2015 even after 31.03.2015. Complications of computation of Depreciation and other clarification such as on deposits, etc.

     5.    Repugnancy of Form 3CD to amendments made by Finance Act  (no.2) of 2014. This was also quoted before Honble Delhi HC (refer para 11(b) at page 6 in WP(C,) no. 9032/2015 dated 21.09.2015).

     6.    Additional disclosure requirements (for similar reasons date was extended this year from 31.07.2015 till 31.08.2015), qua: -

a.            Qua foreign assets and income in ITR Forms 4,5,6 & 7.

b.            Qua details of each and every bank account with account no., bankers, type of account etc.

      7.    30th Sept, 2015 is the last date of closure of compliance window under the Black Money Act, 2015.

     8.    Frequent changes in ITR utilities by the Income Tax Department, even during A.Y. 2015-16. This is evident from their own website.

      9.    Problem in affixation of digital signatures.

    10.  Power and Electricity Situation in some parts of India, such as Karnataka and Other parts of South India is adverse.

     11.  Festivals falling in September : -

a.            Holy festival of ID falling on 25.09.2015.

b.            Ganesh Chaturthi and Ganesh Visarjan in some parts of India, particularly in Maharastra, being financial capital of country.

c.            Holy Jain days of ‘Paryooshan” and “Das Lakshan”

     12.  Snarls and Slow down in Income Tax Website. It is taking on an average 2-3 hours in uploading a single return with TAR.

      13.  Bleak Internet connectivity due to low signals.

 

 

 

Status of Writs before various High Courts: -

WP no./Title

Hon’ble High Court

Next Date of hearing

Avinash gupta V/s UOI, WP(c.) No. 9032/2015

Delhi

Heard on 21.9.15. CBDT directed to notify income tax forms on 1st april of each assessment year.

All Gujarat Federation of Tax Consultants V/s UOI

SCA 15075/2015

Gujarat

Filed on 15.09.2015 and notice issued on 21.09.2015.

Next hearing on 24.09.2015

Vishal Garg & Ors V/s UOI

WP(c.) 19770 of 2015

Punjab and Haryana

Next hearing on 24.09.2015. Notice was issued to CBDT’ on date of last hearing.

The Chamber of Tax Consultants, Mumbai v/s UOI, WPL/2764/15

Mumbai

Next date of Hearing is 29.09.2015

CA Devendra Kumar Somani & Ors v/s UOI

Rajasthan (jodhpur)

Next date of Hearing is 29.09.2015

Public Interest Litigation vide WP(c.) DBCW 11037/15

Rajasthan (jodhpur)

Not yet listed

CA jagdish prasad Mittal V/s UOI. WP(c.) 17178/2015 dated 21.09.15

Orissa (cuttak)

The date of hearing was 23.09.15

Karnataka State Chartered Accountants Association V/s UOI. WP(c.) 41109/2015 dated 21.09.15

Karnataka

The case is listed for orders for 28.09.15

 

Kolkatta High Court

As per our sources, a WRIT has been filed on 23.09.2015 in the HC seeking extention of TAR date as well as ITR date.

 

Regards,

Team - Voice of CA

 

 

 

 

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