Due Date of Sept. 30, 2015 extension petition has been dismissed

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  • #2022

    TaxIndiaUpdates

    Due Date extension petition of due date of Sept. 30, 2015 has been dismissed by Delhi high court. However there are many petition still to be disposed off by various high court on the same issue ; Gujarat High Court: PH–21-09-2015, Punjab & Hariyana: PH 17-09-2015, Rajathan High Court.

    HIGH COURT OF DELHI

    Avinash Gupta

    v.

    Union of India

    RAJIV SAHAI ENDLAW, J.
    W.P. (C) NO. 8771 OF 2015
    CM NOS. 19409 OF 2015 (FOR STAY) AND 19410 OF 2015 (FOR EXEMPTION)
    SEPTEMBER 14, 2015

    ORDER

    1. The petition impugns the decision dated 9th September, 2015 of the Government of India refusing to extend the date prescribed of 30th September, 2015 for filing Income Tax Return of entities whose accounts are required to be audited.

    2. The petitioners do not disclose any cause of action in their favour. Rather, in para 6 of the petition, it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL) and does not comply with the rules for filing a petition in public interest.

    3. The counsel for the petitioners seeks to withdraw the petition with liberty to file a PIL.

    4. Dismissed as withdrawn with liberty as aforesaid.

    No Costs.

  • #2023

    TaxIndiaUpdates

    Next Date of Hearing in the case of DUE DATE OF SEPT. 30, 2015 EXTENSION PETITION : PUNJAB AND HARYANA AT CHANDIGARH

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
    CWP No. 19770 of 2015 105
    Vishal Garg and others v. UOI and anr.

    Present: Mr. Hitesh Kaplish, Advocate, for the petitioners

    Learned counsel for the petitioners, inter alia, submits that it
    was only after 2.8.2015 and 7.8.2015 when e-filing of the income tax return
    Forms No. 5 and 6 respectively were available for downloading by the
    assessees. In such circumstances, the last date fixed for e-filing of income
    tax return by the assessees, the date being 30.9.2015 is liable to be extended.

    Notice of motion for 21.9.2015.

    Process dasti only.

    (AJAY KUMAR MITTAL)
    JUDGE
    (RAMENDRA JAIN)
    JUDGE

    17.9.2015
    Ashwani

    Source: Court Order

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