Thursday, October 1, 2015

[aaykarbhavan] Judgment and Infomraion



 SEE ALSO MY COMMENTS ON ITAT ONLINE.

This is natural that when returns are not prescribed in time , due date for filing of return of income has to be extended. ??!!!  No case of delay for extension of Date for Filing R O I. , filing writ petitions and all. Wastage of Money , time of Hon. Courts allover India and also spending from exchequer for fees of Advocates all over India !!!!
Government , C B D T , should make a clear point in their diary , that when returns are not prescribed , released .Shah D J

Top Brass Of Finance Ministry Apologizes For Fiasco Caused By CBDT's Adamant Stand In ROI Due Date Extension Issue

Dr Hasmukh Adhia, Revenue Secretary, Government of India, has tendered a public apology for the harassment meted out to taxpayers owing to the CBDT's adamant stand in not extending the due date for filing the return of income despite the department being clearly at fault for delay in preparing the forms.

Top Brass Of Finance Ministry Apologizes For Fiasco Caused By CBDT's Adamant Stand In ROI Due Date Extension Issue

Dr Hasmukh Adhia, Revenue Secretary, Government of India, has tendered a public apology for the harassment meted out to taxpayers owing to the CBDT's adamant stand in not extending the due date for filing the return of income despite the department being clearly at fault for delay in preparing the forms.
The Gujarat High Court was scathing in its strictures. It plainly stated that there was laxity and default on the part of the CBDT in providing the utilities. It held that the CBDT ought to have shown grace in extending the time limit and expressed surprise at the adamant stand taken by the department despite the entire default being attributed to it.
The P&H High Court expressed the same sentiment.
After such scathing strictures, one would have expected the CBDT to eat humble pie and quietly extended the due date. However, it stayed adamant and compounded the matter by issuing an extension order only for taxpayers resident in the States of Punjab & Haryana and Gujarat. Even this extension was veiled in the threat that it was subject to the outcome of the appeal that may be filed in the Supreme Court. Taxpayers in other States were left high and dry to fend for themselves.
This was a clear act of defiance by the CBDT to the sentiments expressed by the High Courts. How could the CBDT discriminate so blatantly between taxpayers in different States?
Understandably, the taxpayers were outraged by the decision and took to twitter and other blogs to tear the department apart.
"Another example of 'EASE OF DOING BUSINESS IN INDIA' In any civilised Society the administration would admit the burden imposed on its citizens caused by its own (as yet unexplained reasons) here the bureaucrats want to show just what enormous power they wield And then we hold shows abroad asking for businesses to come to INDIA!" Guru Raj said.
Manish Parikh couldn't conceal his contempt for the department: "Sir, its nothing but the sheer misuse of unwarranted powers enjoyed by highly egoistic IRS, IAS officers – where nobody is able to question them for the delay in devising & releasing few ITR forms in time, inspite of having the whole governmental machinery at their disposal – while at the same time they have the arrogance of going to Supreme Court against the very reasonable & practical High Court directions. They are enjoying same powers bestowed under the those ACTS devised during British Raj wherein they wanted to give this COMPLEX OF INFERIORITY in public minds so that they can make merry. Have seen highly respected knowledgeable CAs, Advocates, consultants stand with folded hands in front of an ordinary officer for fear of harassment – aka british raj" he said in a tone of despair.
Twitter was also witness to several caustic comments from taxpayers: "What a hypocrite law bodies, the laws should be uniformly applied !!!..why just for those who refute" @deepalidp said.
"the govt is truly arrogant. It has told entire CA community to go to dogs on extension of IT return date" @sanrawal lamented.
"How ridiculous! Smacks of arrogance! Harassing tax payers for bureaucracy's lethargy!" @AshishM2 said.
"Turned out to be a #digital divide! Not seen such an adamant stand. This will increase litigant approach. God bless" @carvk said.
"yesterday circular by cbdt extending the date in Punjab proves that income tax act is state subject not central!!" @MadhuSTapuriah said with clear disgust in his tone.
Thankfully, better sense prevailed amongst the powers-that-be today morning.
Dr Hasmukh Adhia sent out a tweet in which he stated that in view of the different verdicts by the High Courts, it had been decided to extend the due date throughout the Country.
When this tweet met with a firestorm of protest from his followers, Dr Hasmukh Adhia realized that taxpayers were seething with fury at the unreasonable attitude of the CBDT and that nothing short of a heart-felt apology would do.
Accordingly he tweeted:
I sense the resentment of group of CAs. We apologise to them. We will make sure that forms are notified well in advance next year.
That calmed the sentiments of the taxpayers to some extent though some were not impressed. "sir Your apology is very late. soory to say such arogance in democracy seen first time" @pradipshah3 said.
"Thanks for unexpected gesture of apology. May I request U 2 take steps against officer/s who drafted notification and divided INDIA?" @rmshah1961 demanded.
"Sanity has returned after scaling unprecedented highs of sadism" CA Jagrutkumar Anjaria said with a sigh of relief.
The one thing that is evident from this unsavoury episode is that there is a severe disconnect between the platitude that the top brass mouths and the reality at the ground level. While the top brass is day-dreaming of ways to "ease doing business in India" and "tax-payer friendly administration" and abstract issues like that, the elements at the lower levels are running riot and doing exactly what they enjoy doing – harassing taxpayers to the maximum extent by whichever means are possible. Unless those elements are reined in and subjected to a severe code of accountability, all dreams of taxation reforms will remain just that – a dream!


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Posted by: Dipak Shah <djshah1944@yahoo.com>


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