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May 28, 2021

M.P. High Court Raps CBDT for restricting the benefits given by Supreme Court

by facelesscompliance in Income Tax

M.P. High Court Raps CBDT for restricting the benefits given by Supreme Court

A Division Bench of M.P. High Court, while hearing W.P. No. 9380/2021 (CA. Palak Agarwal Vs. CBDT & Anr.) filed by Advocate Milind Sharma (Former Chartered Accountant, Bhopal: 9009404060) rapped Counsel for CBDT that how can it issue Circular No. 8/2021 dtd. 30-04-2021 restricting extension of limitation for filing appeal before CIT(A) to 31-05-2021, while the Supreme Court has extended such limitation until further orders till 19.07.2021 and that how can CBDT fix a time limit restricting the benefits given by Supreme Court.

After being rapped by Court, CBDT’s Counsel gave a statement that it shall extend limitation in consonance with Supreme Court’s order.  The matter is now listed on 27-05-2021 for response of CBDT.

Palak Agarwal Vs. CBDT & Anr. (Madhya Pradesh High Court)
It is well know that Representations by the taxpayers and tax professionals association doesn’t make any difference to CBDT and CBIC and they act only when they receive Instruction from our Courts.

  1. A Division Bench of M.P. High Court, said that how can CBDT issue Circular No. 8/2021 dated. 30-04-2021restricting extension of limitation for filing appeal before CIT(A) to 31-05-2021, while the Supreme Court has extended such limitation until further orders till 19.07.2021
  2. How can CBDT fix a time limit restricting the benefits given by Supreme Court.
  3. CBDT’s Counsel gave a statement that it shall extend limitation in consonance with Supreme Court’s order.
  4. It will take an appropriate decision for extending the period of limitation for filing the appeal.
  5. Petitioner was represented by Advocate Milind Sharma.
  6. The matter is now listed on 27-05-2021 for response of CBDT.

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