Allahabad High Court issues notice to CBDT on levy of interest u/s 234A despite due date extension
A Division Bench of Hon’ble Allahabad High Court in a PIL filed by Lucknow CA Tax Practitioners Association issued notice to CBDT on the issue of levy of interest u/s 234A despite due date extension
The Hon’ble High Court observed that as far as the prayer of the association for extension the “Due Date” of filing of Income Tax Return of Tax Audit Cases from 15.10.2018 to at least up to 31.10.2018 or such other date was concerned, had lost its efficacy in view of the order issued by the Central Board of Direct Taxes on 08.10.2018, whereby the date for filing return had already been extended up to 31.10.2018.
However, the other submission was that on the one hand, though the date has been extended for filing Income Tax Return of Tax Audit Cases but on the other hand, levy of interest under Section 234-A of the Income Tax Act indicated in the impugned order dated 24.09.2018 has not been amended causing serious prejudice.
The Hon’ble High Court observed that once the date of filing of Income Tax Return has been extended, there is no justification for not extending the date and charging of penal interest for filing Income Tax Return within time.
Accordingly, their Lordships issued notice to UOI and CBDT and granted four weeks’ time to file counter affidavit.
The case shall be listed within two weeks’ thereafter.
Section 292C of the Income Tax Act 1961 indeed carries presumption of correctness of such seized documents contents but only…
PCIT directed to consider condonation of delay u/s 119(2)(b) in filing revised return to availing benefits of section 44ADA In…
Whether condition of pre-deposit prior to reference to Arbitration is arbitrary and violative of the right to sue – Division…
Frequently asked Questions on Foreign Assets of Small Taxpayers Disclosure Scheme and Rule 2026. CBDT has released a FAQs on…
Foreign Assets of Small Taxpayers- Disclosure Scheme Rules 2026 notified. Rule come into force on the 16th day of August,…
Order u/s 69 of the CGST Act authorising arrest of a person has to be communicated to him before arrest–…