Delhi HC has not accepted the Writ for Extension of Tax Audit Date and said that the issue involved seems to be of Public Interest and Appellant should file Public Interest Litigation (PIL) instead of Writ Petition.
Petitioner are going through what next step to be taken and seeking legal advice as rules of PIL are quite rigid in Delhi HC.
All Gujarat federation of tax consultants is also going to file a writ by today or mostly tomorrow in GUJARAT High Court.
Gujarat High Court delivered first favourable judgement last year followed by many high courts.
Nagpur Chamber of Commerce is also filing a petition in High Court for extension of date.
We will keep updating you on the issue and also on other writs which are being filed throughout the country for Tax Audit Due Date Extension.
CA Avinash Gupta and Tax Research Foundation, Delhi had on 10.09.2015 filed a Writ petition in Delhi High Court seeking Extension of due date of Tax Audit Report required to be filed Under Section 44AB of the Income Tax Act,1961 for Assessment Year 2015-16.
Writ details are as follows :- Avinash Gupta and Ors V/s Union of India and Ors (Delhi High Court) , WP(C.) of 8771 of 2015.
It is to be noted that last year too many Chartered Accountants & Tax Association has filed writ petition in various High Courts across India and got the due date extended.
This Year CBDT has already rejected any possibility of Due date extension vide its Press Release dated 09th September 2015 which has drawn several criticism from those Associated with Tax Audit Related work.
In the coming Various Tax association from Other parts of Countries and Chartered accountants are also likely to move to other High Courts to get the Tax Audit and Return Filing date extended.
CA JATIN TAGRA ,Jatin Tagra & Co. Chartered Accountants ,E-25, Flatted Factory Complex ,Jhandewalan
New Delhi-110055 ,Phone:9953140464