Tax Audit Due Date Extended All Over India till 17.10.2016

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Tax Audit Due Date Extended All Over India till 17.10.2016. Tax Audit Due Date Extended to 17.10.2016 for AY 2016-17. Check Official Notification from below Article. Due Date for TAX Audit 2016-17 is Extended to October 2016. https://caknowledge.com/tax-audit-due-date-extended/

Due Date for TAX Audit 2016-17 is Extended to October 2016. Check Official Notification from following article –

https://caknowledge.com/tax-audit-due-date-extended

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi, 9th September, 2016

Press Release

Sub :- CBDT Extends due date for filing of Income Tax Returns – reg

The due date for filing of Income tax returns by tax payers whose accounts are required to be audited under the Income Tax Act is the 30th September of the following year. The tax payers whose business receipts exceed Rupees One Crore or professional receipts exceed Rupees twenty-five Lakh during the previous year 2015-16 are required to file an Income Tax return accompanied by an audit report by the above mentioned due date.

However, taking into consideration that the last date for making declarations under the Income Declaration Scheme 2016 is also 30th September, 2016, the Central Board of Direct Taxes has decided to extend the last date for such returns which were due on 30th September, 2016 to 17th October, 2016 in order to remove inconvenience and to facilitate ease of compliance.

(Meenakshi J Goswami)
Commissioner of Income Tax
(Media and Technical Policy)
Official Spokesperson, CBDT.

Click Here to Download Official Press Release

Last Year News

Tax Audit Due Date Extended All Over India till 31.10.2015. CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat. Tax Audit Date Extension – Various Appeals in High Courts. Check Latest Status of Various Petition filed against non extension of Due date of Tax Audit and Income Tax Return (ITR) for AY 2015-16. Recently CBDT Issued New notification for Non extension of Tax Audit Due date for AY 2015-16. So Many Petition filed against non extension of Due date of Tax Audit. Now you can scroll down below and Find Tax Audit Date Extension – Various Appeals in High Courts.

Tax Audit Due Date Extended All Over India till 31.10.2015

Extension of date for filing of Income tax returns and tax audit reports to 31st October 2015 – regarding

The issue of extension of last date for e-filing returns of income and audit reports u/s 44AB due by 30th September, 2015 has been the subject matter of litigation in various High Courts across the country. While some High Courts have ruled in favour of the extension of due date, some others have ruled otherwise. In order to avoid discrimination between taxpayers residing in different jurisdictions and to be fair to all, and also in view of paucity of time to approach the Hon’ble Supreme Court by way of Special Leave Petition, the Government has decided that across the country, all the returns of income and audit reports u/s 44AB which were due for e-filing by 30th September, 2015, may now be filed by 31st October, 2015.

Necessary order u/s 119 of the Income-tax Act, 1961 has been issued by CBDT in this regard.

Click Here to Download Official Notification

Bombay HC instructs CBDT to extend ITR Due Date to 31.10.2015

The Chamber of Tax Consultants Vs. Union of India & Ors. (Bombay High Court), WP 2764/2015, Filed on 22.09.2015

30.09.2015- Bombay High Court Instructed CBDT to extend due date to 31.10.2015. We will upload copy of order and analysis soon.

Update on 29.09.2015- High Court ruled that if CBDT don’t respond to Instruction of other High Court by tomorrow (30.09.2015) than they will hear it tomorrow (30.09.2015) at 3 pm. Court further ruled that if a High Court rules under article 226, same would be binding on all High Courts of the country.

CBDT extends date only in Punjab, Haryana, UT of Chandigarh and Gujarat

Vide its order dated 30.09.2015 CBDT has extended due date only for the state of Haryana, Punjab , Union Territory of Chandigarh and Gujarat.

F.No.225/207/2016/ITA.II Government of incite Ministry of Finance Department of Revenue Central Board of Direct Taxes
North-Block, TA.II Division
New Delhi dated the 30th of September, 2015
Order under Section 119 of the Income-tax Act, 1961

The Central Board of Direct Taxes, in compliance to the order of Hon’ble Punjab and Haryana High Court dated 28.09.2015 in case of Vishal Garg & Ors. vs Union of India & Anr.; CWP 19770/2015 and in exercise of powers conferred under section 119 of the Income-tax Act, 1961 (‘Act’), hereby orders that the returns of income due to be e-Flied by 30th September, 2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State(s) of Punjab and Haryana and Union Territory of Chandigarh.

2. This order shall be subject to the outcome of any further appeal/SLP which the CBDT may file against the said Judgment.

(Rohit Garg) Deputy-Secretary to the Government of India.

Click Here to Download Official Notification

F.No.225/207/2016/ITA.II
Government of incite
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

North-Block, TA.II Division New Delhi dated the 30th of September, 2015

Order under Section 119 of the Income-tax Act, 1961

The Central Board of Direct Taxes, in compliance to the order of Hon’ble Gujarat High Court dated 29.09.2015 in case of All Gujarat Federation of Tax Consultants vs. CBDT ; Special Civil Application No. 15075 of 2015  and in exercise of powers conferred under section 119 of the Income-tax Act, 1961 (‘Act’), hereby orders that the returns of income due to be e-Flied by 30th September, 2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State of Gujarat.

2. This order shall be subject to the outcome of any further appeal/SLP which the CBDT may file against the said Judgment.

(Rohit Garg

Deputy-Secretary to the Government of India

Orissa HC Instructed CBDT to extend due date of ITR to 31.10.2015

30.09.2015- 12.15 PM- Orissa High Court has also followed the Judgments of Gujarat and Punjab & Haryana High Court and instructed CBDT to extend due date  to 31.10.2015.

29.09.2015- Hearing taken place and Hon’ble High Court has ruled that Order will be pronounced tomorrow i.e. on 30.09.2015. As per our discussion with Petitioner High Court is expected to follow the order of Punjab & Haryanka High Court.

25.09.2015- This case is adjourned for Final hearing to 29.09.2015.

23.09.2015- This case is adjourned for hearing to 25.09.2015.

In this case writ is been filed on 21.09.2015 for Non extension of due date of ITR and Tax Audit for Assessment Year 2015-16 by CBDT. The writ is scheduled for Hearing on 23rd September 2015.

Petitioner is a Chartered Accountant from Rourkela and filed his writ under Article 226 & 227 of Companies Act Read with Provisions related to Due Date and Tax Audit Under Income Tax Act, 1961.

Advocate on record for the petitioner is B.PANDA.

Guajrat HC also Directs CBDT to extend due date to 31st October 2015

All Gujarat Federation of Tax Consultants vs. CBDT, Special Civil Application No. 15075 Of 2015, Dated-15.09.2015

After Punjab & Haryana High Court the Gujarat High Court also directs CBDT to extend the due date for Filing of ITR to October 31st in its Judgement today.

The case was argued by Saurabh Soparkar.

We will upload the copy of order as soon as the same become available to us.

 

 

ICAI Meeting with the Hon’ble Finance Minister, Shri Arun Jaitley 

1. Extension of due date for filing returns of income and tax audit reports:

On consideration of the requests received from members at large seeking extension of due date of filing return of income as well as the tax audit report under section 139 of the Income-tax Act, 1961 falling due on 30th September, 2015, the following representations have been made by the Direct Taxes Committee of ICAI:

  • ICAI/DTC/2015-16/Rep – 20 dated 10th July, 2015
  • ICAI/DTC/2015-16/Rep – 22 dated 20th Aug, 2015
  • ICAI/DTC/2015-16/Rep – 23 dated 7th Sep, 2015
  • ICAI/DTC/2015-16/Rep – 24 dated 14th Sep, 2015

A power point presentation by the Direct Taxes Committee of ICAI was presented & a fervent appeal was made out in support of the case for extension of due date of return as well as tax audit report from 30th September, 2015 to 31st October, 2015.

Hon’ble Finance Minister has assured to look into the matter. However, in the absence of any concrete decisions so far, the esteemed members of the profession are advised to put in their best efforts to comply with the prescribed due date i.e. 30th September, 2015.

Avinash Gupta V/s Union of India and Ors ,W.P.(C)  9032/2015

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.

We will make available the copy of order for our readers at the earliest possible for us.

The writ is second writ by CA Avinash Gupta whose first writ was not been admitted with the liberty to file a PIL.

It’s a Commendable effort by CA Avinash Gupta & His Team and by those who were associated with him for the cause.

Status of Appeal – Dismissed by High Court as in opinion of High Court writ should have been filed as PIL. Case Heard.

All Gujarat Federation of Tax Consultants vs. CBDT, Special Civil Application No. 15075 Of 2015, Dated-15.09.2015

All Gujarat Federation of Tax Consultants vs. CBDT (Gujarat High Court), Special Civil Application No. 15075 Of 2015, Dated-15.09.2015

Update 24.09.2015- After Hearing Case been adjourned for Next Hearing to Monday-28.09.2015.

Writ in this case on the issue of non extension of due date of Income Tax Return and Tax Audit Report filing by CBDT was filed on 15.09.2015 and writ been admitted on 21.09.2015.  Case was attended for Petitioner by  Mr. S. N. Soparkar, learned Senior Advocate with Mr. Manish Kaji, learned advocate.

Hon’ble High Court issued notice to CBDT and fixed next hearing to 24th September 2015.

Status of Appeal – After hearing on 24.09.2015 case been adjourned to Monday -28.09.2015.

Updated Status – Hearing on priority in Court No. 7

V. Nagendra Prasad, Hyd & Another Vs Secretary, Ministry Of Finance, New Delhi & 2 Others, WP 30289/2015, Date of Filing 15.09.2015

V. Nagendra Prasad, Hyd & Another Vs Secretary, Ministry Of Finance, New Delhi & 2 Others (Hyderabad High Court), WP 30289/2015, Date of Filing 15.09.2015

This Writ is been filed by V. Nagendra Prasad an advocate and Tax Consultant from Hyderabad in Hyderabad High Court against the adamant attitude of CBDT and Finance Ministry in not extending the due of of Income Tax Return and Tax Audit cases , which is also been communicated vide its Press Release Dated 09th September 2015.

Status of Appeal – Listed for Final Hearing on 28.09.2015.

Updated Status – 28.09.2015- Case adjourned to next week 05.10.2015

11 thoughts on “Tax Audit Due Date Extended All Over India till 17.10.2016

  1. Aftab Alam Khan says:

    Hounorable high court of some state ordered to extend the filling date upto 31.10.2016 but CBDT ignore it. this is like as contempt or Court.

  2. aftab alam khan says:

    Due date extende by 17 days while nature attack is running in shape of after flood as life killing desease. This extention is not enough. Think about problems. Deshehra, muharram also between this. A satisfactory and jenuine step must taken by cdbt regarding extention of date furthur.

  3. B Mohanti says:

    It would be better complying with the provisions of the Act within the due date. I do not see any reason why date should be extended. This has more or less become a regular practice to seek extension of the due date on some pretext or the other. In all cases before different High Courts , you do not feel that the assessee is aggrieved. It is always that the tax professional has sought for extension . Assesses seldom have challenged this provision as they seem to be happy with the rules . It is only CAs who always want extension . Govt shoul rethink about not having audit by CAs but should frame agencies who will take up this Herculean task of Audit.

    • sanjay kumar tiwari says:

      What a rubbish remark you had given. I think you have less work or no work that’s why u r saying like that. U r not saying correct that client have no botheration regarding time limit. They have to provide documents to his ca which consumes lot of time & energy. Pl dont pass such comments….

  4. Narayan Jain says:

    ALL INDIA FEDERATION OF TAX PRACTITIONERS
    Narayan Jain, LL.M., Advocate; Chairman, Membership and PR Committee,

    3, Ho Chi Minh Sarani, Kolkata 700071 Ph: 98309 51252

    URGENT

    29th September, 2015

    To,
    The Chairperson,
    Central Board of Direct Taxes,
    North Block,
    New Delhi-110001.

    Hon’ble Madam,

    Sub: Humble Request for consideration of extension of date for filing of IT Returns from 30.9.2015 to 31.10.2015 – Regarding

    1. The due date for corporate, and tax audit Returns is 30th September, 2015 for Income Tax Returns for assessment year 2015-16. However due to delay in prescribing the ITRs, enormous difficulty in getting the tax audit completed in time and various other reasons taxpayers are finding it difficult to furnish the returns within the date prescribed. Tax professionals also could not cope up with the work of e-filing as more details are required to be filled up and more returns are required to be e-filed for assessment year 2015-16. However, we are glad that maximum taxpayers are filing their Returns electronically.

    2. The matter has also been going on in various High Courts.

    3. Considering the overall circumstances and the practical difficulty of taxpayers in furnishing the return within due date, as also the view of the order of Hon’ble Punjab and Haryana High Court dated 29th September, 2015 and direction of Hon’ble Karnataka High Court we humbly request the Central Board of Direct Taxes for consideration of the matter and for suitable extension of date in the interest of taxpayers at large.

    With Regards,

    Yours faithfully,

    Narayan Jain
    098309 51252
    Email [email protected]

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