[aaykarbhavan] Update:ITR date extension:Delhi High Court ask cbdt to file an affidavit that no penal provision & no section 271 1 (c) in case Assesse file the return and then revised it later

Status update on TAR Extension / Deferment Cases Pending before Various High Courts

Mahesh Kumar And Company Vs. Union Of India & Anr. – W.P.(C)  5990/2014 (Delhi High Court) 

case Adjourned to 22.09.2014 – Court Directs CBDT to file affidavit regarding non leviability of Penalty U/s. 271(1)(c) in case assessee revises returns filed on or before 30.09.2014.

Appeal Filed in Bombay High Court

At the request of department counsel hearing is been adjourned to 23.09.2014. 

Appeal Filed in Rajasthan High Court

Admitted and fixed for Final Hearing on 23.09.2014. 

In Gujarat one more appeal been filed by All Gujarat Federation of Tax Consultants.

In Gujarat in case of Rajni Mangaldas Shah V/S Central Board Of Direct Taxes (Gujrat High Court),   SCA/12571/2014 status to be received.

1) Delhi High Court once again Adjourned the Tax Audit Deferment case to Monday. Court ask cbdt to file an affidavit that no penal provision 
and no section 271 1 (c) in case Assesse file the return and then revised it later. Also asked for 25 days black out period of new utility.
 

2) The Central Board of Direct Taxes (CBDT) issued Notification dated 25.07.2014 to amend the Income Tax Rules 1963 by providing for a new format of FORM No.3 CD of the particulars to be furnished by the Auditor. The CBDT also issued an order dated 20.08.2014 u/s 119 of the Act to extend the time to file the audit report u/s 44 AB of the Act in the new FORM 3 CD from 30.09.2014 to 30.11.2014.

The Chamber of Tax Consultants filed a Writ Petition claiming that although the time to file the FORM No. 3 CD being the Audit Report has been extended, the time to file Return of Income has not been suitably extended to coincide with the date of filing of audit report. It was claimed that this would lead to inconvenience to tax payers who would be required to file their returns in the absence of audit report, with the result the determination of income would be subject to change on the basis of the audit. This would lead to a large number of tax payers having to file revised return of income besides may in some cases also be exposed to penal proceeding. It was also pointed out that similar Petitions have been filed in Gujarat and Delhi High Court and are likely to be heard soon.

The Court directed the department to file an affidavit in reply by Monday, the 22.09.2014. The department stated that copies of affidavit filed by the revenue in other High Courts would also be endeavoured to be filed. The matter is now posted for admission on Tuesday, 23.09.2014.

Warm Regards 

"Team" CA.Nitesh  More

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Posted by: Nitesh More <moreassociate@gmail.com>

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