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TMI Blog2014 (9) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... take a just and proper decision on the matter, before 30 September 2014, as already directed by the Madras High Court – Decided in favour of petitioner. - Writ Petition Lodging No. 2492 of 2014 - - - Dated:- 25-9-2014 - M. S. Sanklecha And N. M. Jamdar,JJ. For the Petitioner : Dr K Shivaram, Sr. Adv. Mr Ajay Singh, Mr Rahul Sarda, Mr Rahul Hakani Ms Neelam Jadhav For the Respondent : Mr. Arvind Pinto JUDGMENT P. C. Rule. Rule made returnable forthwith. Respondents waive service. Taken up for disposal by consent. 2. This petition under Article 226 of the Constitution of India :- (a) challenges Notification dated 25 July 2014 passed by the Government of India in exercise of powers under Section 295 read with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioners' Associations as well as the assessees in general will be put to great inconvenience. Mr.Arvind Pinto learned counsel for the Revenue, opposed the grant of any relief by this Court but is not averse to the matter being considered by CBDT on it's own merits. 5. The Petitioners have listed the prejudice that would be caused by non-extension of date of filing of Return of Income to 30 November 2014 as under :- a) The new proforma of Tax Audit under Section 44 AB requires the tax auditor to examine and report on 27 additional aspects of assessees accounts for the purpose of tax Audit. This examination would require time and the Audit would not normally be complete before the date of filing Return on 30 September 2014. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t consistency in tax laws is the need of the hour, and such complications (which are a sheer creation of inefficient decision making) especially qua compliances, only adds to the woes of a person and acts as a barrier to the promotion of efficient tax compliances. e) Keeping the aforesaid time frames in mind, the Chartered Accountants schedule their audits for the assessees, in a manner to meet with the aforesaid timelines, and such audits therefore effectively begin with the finalization of the books of accounts of an assessee, as on 31.03.2014. f) The new proforma of Tax Audit Report cast an additional compliance burden without providing adequate / reasonable time without appreciating that audit is not merely a formality but a statu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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