Whether only Extension u/s 139(1) will end all the TAR/ITRs related problems year after year
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Respected Members,
Last month, the CBDT gave us extension of TAR date to hide their unplanned & incompetent decision of mid-year TAR revamp as well as for their inability to provide its schema for almost a month, just to make us fool, when the deferment was well justified.
And why..., because they say your apex body demanded either this or that, and we fulfilled their (yours) wish.
The men at CBDT diplomatically converted our mindset to extension of TAR vs. ITR due date and successfully diverted our focus from root of all the evil by single master stroke.
But when the CBDT can't provide all the necessary formats & schema of TAR & ITR on 1st April or change it in between, why they would compel the Taxpayers and Professionals for making compliance within the due dates prescribed under the Act.
Sir, I am not well versed with the complications of the law, but it is my understanding that the CBDT may not have powers to deprive taxpayers and auditors from the privileges granted by legislature in shape of effective time period of 180 days for Tax Audit to plan, prepare, execute and file TAR and ITR.
To me, filing of TAR or ITR requires significant time in planning, preparing, executing etc. before making its actually filing. All such action components are vital part & parcel of filing of TAR or ITR and necessarily forms the whole of returns' filing process. No one should ever distinguish or separate these time taking acts from returns' filing, which are pre-requisite to filing of TAR & relevant ITR.
As such, the CAs and Taxpayers are both equally harassed by the irrational decisions of CBDT in name of amending the Rules. But the Rules are there to support the Act and can Never override the Act, as I think.
Seniors and Respected members are kindly requested to take care of these issues in pleading with Hon'ble HC's, who have very learned Jury and not the deaf & dumbs in bureaucracy.
If we fail to urge and impress the Lords of Justice this time, we should be ready to face the worst by tyrant CBDT in future.
And to me, getting mere extension u/s 139(1) will not be real victory to rejoice or celebrate, but to ponder that who will compensate us for our precious time to be wasted after 30 Sept, which we have well planned to finish by 30 Sept. prior to the revision of TAR.
And Sir, we can't expect it from bureaucrats, who think that our time is not as precious as theirs.
(CA. Dilip Khetan, Gorakhpur)
Category : Income Tax | Comments : 0 | Hits : 1211
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