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ABCAUS Excel for Chartered Accountants

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Chartered Accountants

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Finally, good sense prevails and Central Board of Direct Taxes (CBDT) has extended the due date to 31-10-2015 for whole of India Click Here >>

Central Board of Direct Taxes (CBDT) recent order under section 119 extending the due date for filing e-ITRs/Tax audit reports for Punjab and Chandigarh leaves no doubt that CBDT/Government would be contesting in Supreme Court against the orders of High Court(s) for extension of due date to 31-10-2015 for AY 2015-16.

This wittingly drafted extension given by CBDT is not just a rejection but disdain to representations made for CBDT could have extended the date for all as expected.  Not only the Punjab& Haryana High Court, but High Court of Orissa, Bombay and Gujarat has also directed CBDT to extend the date, this would leave no option for CBDT but to issue separate order extending the due date for each of the State/jurisdictional territories. This sounds totally irrational and opposed to the principle of natural justice as the circumstances was the same across all India.

It was learnt that a Special Leave Petition (SLP) had already been filed by CBDT late evening on 29-09-2015. However the details are not appearing in the list of cases and next few days may unfold whether or not CBDT has actually moved SLP or not. 

CBDT in no ambiguous words has spelled out its intention though wrapped in mystical ‘may’. This move of CBDT would be unprecedented as in past it has extended the due dates in pursuance of the directions of High Courts and would bring disappointment and apprehensions in the mind of assessees who were relying heavily on the relief given by the High Court.

However, the silver line in the cloud is that since the matter has reached this Apex Court, this issue of extension shall be put to rest for ever which may include madatory time bound guidelines to be observed by CBDT in notifying various audit reports, forms and income tax returns. this way CBDT approaching the Supreme Court is a step that is in the interest of the assesseees in the long run.

Whether the Supreme Court shall over-rule the orders of High Courts or dismiss the SLP rest solely at the wisdom of their Lordships. However there can not be two views that CBDT would have a tough time in supporting its reasons for not extending the date, for so far as it was not able to demonstrate any such reason in the High Courts.

Irrespective of what according to CBDT, Article 226 confers, Supreme Court is empowered to do complete justice in this matter. In the words of the hon’ble Supreme Court,

The process of reaching a right answer in hard cases obviously differs from the process of reaching the legal answer in easy cases."

However style and timeliness of chartered accountant's functioning may also come under the scanner of the Court. But as said , would in the best interest of the profession in the long run.

We will be updating this page as the things progress.

Related Updates: CBDT Order for extension for Punjab and Chandigarh Click Here >>

CBDT to Contest High Court Order of Tax Audit Report/ITRs Filing Date Extension to 31-10-2015 in Supreme Court | 01-10-2015 |

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