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January 9, 2021

Gujarat HC request IT Dep to take decision on ITR and Audit Due date extension before 12 Jan 2021

by CA Shivam Jaiswal in Income Tax

Gujarat HC request IT Dep to take decision on ITR and Audit Due date extension before 12 Jan 2021

HC Due Date extension Order: HC are of the view that the respondent No.1 – Union of India, Ministry of Finance should immediately look into the issue, more particularly, the representation made by various associations

Annexure : I of the paper book (page 108) and take an appropriate decision at the earliest in accordance with law. We, accordingly, direct the respondent No.1 to do so. While taking an appropriate decision, the Union shall bear in mind the observations made by this High Court in the two above noted judgements, more particularly, the observations of the Supreme Court in the case of Vaghjibhai S. Bishnoi (supra) that the powers
given to the CBDT are beneficial in nature to be exercised for proper
administration of fiscal law so that undue hardship may not be caused to the taxpayers.
The purpose is of just, proper and efficient management
Page 29 of 30

C/SCA/13653/2020

JUDGMENT of the work of assessment and the public interest. One additional aspect needs to be kept in mind before taking any appropriate decision that the time period for the officials of the tax department has been extended upto 31st March 2021 having regard to the current covid19 pandemic situation. If that be so, then some extension deserves to be considered in accordance with law. Let an appropriate decision be taken by 12th January 2021.

Post this matter on 13th January 2021 on top of the Board.

Mr. Patel, the learned Senior Standing Counsel appearing for the
respondents Nos.2 and 3 shall apprise this Court of any decision or
development in the matter on the next date of hearing.

Read Copy of The Order

Gujarat-HC-Order-on-Extension-09-01-2021


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