On October 13, a good number of local newspapers in Guwahati carried out the news regarding Extension of Tax Audit due dates. This was later found to be false and misleading.
As per the local dailies, the Hon’ble Guwahati High court directed Central Board of Direct Taxes (CBDT) to extend tax audit due dates up to 31st January 2019 from 20th September 2018. The decision by the Court was in light with the writ petition filed by Tax Bar Association Guwahati under the Income Tax Act, 1961.
Read Also: Simple Five Methods to Verify Income Tax Return Online & offline
However, all news reporting extension of Tax Audit due date is fake news. No such direction/order has been issued by the Guwahati High Court.
The Actual Order
Contrary to what was reported in local dailies, the Guwahati High Court’s order only asks CBDT to consider and dispose of the representation filed by the Tax Bar Association on or before 25.10.2018.
In Case You Were Also Misled, Here Are the Tax Audit Due Dates:
The revised Due dates for filing the Income Tax Return by Assessee is now 31st October 2018. Following entities will be liable for Filing Income Tax Return for AY 2018-19 (Audit Cases)
- A Company
- A Person (Other Than a Company) whose accounts are required to be audited under this Act or under any other law for the time being in force, or
- A working partner of a firm whose accounts are required to be audited under this act or under any law for the time being in force.
Reportedly, The original due date for filing the Income Tax Return by Assessee was 30th September 2018 which was further extended to 15th October 2018 and later revised again to 31st October 2018.
Yes You are right I agree with your opinion
My dear friend, the High court can not order CBDT to extend the due date straight a way because the application/representation of the petitioner is pending before CBDT and the CBDT has not disposed off the application. Let the CBDT reject the application of the petitioner then an only High court can pass the order to extend the due date.
Every High court has passed the order in a similar fashion instead directly extending the due date.
Therefore Guwahati HC has rightly passed the order to consider the representation of the petitioner before 25/10/2018.
After disposing off the application by CBDT, the petitioner if still aggrieved then he can approach the HC. In that circumstances, HC can order CBDT to extend the due date.
Yes agreed.