Madras High Court to Extend Date for Filing I-T Return to Nov 30

Madras HC directs CBDT to extend date for filing I-T return to Nov 30

On Wednesday night the Madras high court directed the Central Board of Direct Taxes(CBDT) to consider extension of the time for filing the income-tax return to November 30 in its interim order. It has asked the CBDT to pass such an order of extension in the due date before the end of this month. The court points out that : If eventually the petitioners claim is rejected the consequences of section 234-A will automatically follow. Section 234A of IT Act,1961, levies a simple interest at 1 per cent for every month or part of the month, from the due date of filing the income-tax return to the date the return is actually filed.

The Writ petition filed by All India Federation of Tax Practitioners, G Baskar, an advocate and CNGSN & Associates, a firm of chartered accountants heard by the Madras high court. In August, the CBDT has extended the due date for filing the tax audit report to November 30 (via its order dated August 20). The substantial changes made in the revised Tax Audit Report Form (Form3CD) in owed by this extension. THe CBDT’s order was silent on whether the date for filing the I-T return had also been extended.

Many taxpayers faced difficulties, as details contained in Form 3CD are the basis fo filing the I_T return. Post the tax audit, there could be a change in the taxable income figure, which meant that these tax payers would have to file a revised return of income and could also be subject to penal proceedings. Many tax professionals and associations approach the high courts, across India to file writ petitions regarding this prompt.

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