Dr Hasmukh Adhia, Revenue Secretary, Government of India, has tendered a public apology for the harassment meted out to taxpayers owing to the CBDT’s adamant stand in not extending the due date for filing the return of income despite the department being clearly at fault for delay in preparing the forms.
The Gujarat High Court was scathing in its strictures. It plainly stated that there was laxity and default on the part of the CBDT in providing the utilities. It held that the CBDT ought to have shown grace in extending the time limit and expressed surprise at the adamant stand taken by the department despite the entire default being attributed to it.
The P&H High Court expressed the same sentiment.
After such scathing strictures, one would have expected the CBDT to eat humble pie and quietly extended the due date. However, it stayed adamant and compounded the matter by issuing an extension order only for taxpayers resident in the States of Punjab & Haryana and Gujarat. Even this extension was veiled in the threat that it was subject to the outcome of the appeal that may be filed in the Supreme Court. Taxpayers in other States were left high and dry to fend for themselves.
This was a clear act of defiance by the CBDT to the sentiments expressed by the High Courts. How could the CBDT discriminate so blatantly between taxpayers in different States?
Understandably, the taxpayers were outraged by the decision and took to twitter and other blogs to tear the department apart.
“Another example of ‘EASE OF DOING BUSINESS IN INDIA’ In any civilised Society the administration would admit the burden imposed on its citizens caused by its own (as yet unexplained reasons) here the bureaucrats want to show just what enormous power they wield And then we hold shows abroad asking for businesses to come to INDIA!” Guru Raj said.
Manish Parikh couldn’t conceal his contempt for the department: “Sir, its nothing but the sheer misuse of unwarranted powers enjoyed by highly egoistic IRS, IAS officers – where nobody is able to question them for the delay in devising & releasing few ITR forms in time, inspite of having the whole governmental machinery at their disposal – while at the same time they have the arrogance of going to Supreme Court against the very reasonable & practical High Court directions. They are enjoying same powers bestowed under the those ACTS devised during British Raj wherein they wanted to give this COMPLEX OF INFERIORITY in public minds so that they can make merry. Have seen highly respected knowledgeable CAs, Advocates, consultants stand with folded hands in front of an ordinary officer for fear of harassment – aka british raj” he said in a tone of despair.
Twitter was also witness to several caustic comments from taxpayers: “What a hypocrite law bodies, the laws should be uniformly applied !!!..why just for those who refute” @deepalidp said.
“the govt is truly arrogant. It has told entire CA community to go to dogs on extension of IT return date” @sanrawal lamented.
“How ridiculous! Smacks of arrogance! Harassing tax payers for bureaucracy’s lethargy!” @AshishM2 said.
“Turned out to be a #digital divide! Not seen such an adamant stand. This will increase litigant approach. God bless” @carvk said.
“yesterday circular by cbdt extending the date in Punjab proves that income tax act is state subject not central!!” @MadhuSTapuriah said with clear disgust in his tone.
Thankfully, better sense prevailed amongst the powers-that-be today morning.
Dr Hasmukh Adhia sent out a tweet in which he stated that in view of the different verdicts by the High Courts, it had been decided to extend the due date throughout the Country.
Becoz of so many legal verdicts by different courts, we have extended time of filing of audited tax returns upto 31st Oct for whole country
— Dr Hasmukh Adhia (@adhia03) October 1, 2015
When this tweet met with a firestorm of protest from his followers, Dr Hasmukh Adhia realized that taxpayers were seething with fury at the unreasonable attitude of the CBDT and that nothing short of a heart-felt apology would do.
Accordingly he tweeted:
I sense the resentment of group of CAs. We apologise to them. We will make sure that forms are notified well in advance next year.
I sense the resentment of group of CAs. We apologise to them. We will make sure that forms are notified well in advance next year.
— Dr Hasmukh Adhia (@adhia03) October 1, 2015
That calmed the sentiments of the taxpayers to some extent though some were not impressed. “sir Your apology is very late. soory to say such arogance in democracy seen first time” @pradipshah3 said.
“Thanks for unexpected gesture of apology. May I request U 2 take steps against officer/s who drafted notification and divided INDIA?” @rmshah1961 demanded.
“Sanity has returned after scaling unprecedented highs of sadism” CA Jagrutkumar Anjaria said with a sigh of relief.
The one thing that is evident from this unsavoury episode is that there is a severe disconnect between the platitude that the top brass mouths and the reality at the ground level. While the top brass is day-dreaming of ways to “ease doing business in India” and “tax-payer friendly administration” and abstract issues like that, the elements at the lower levels are running riot and doing exactly what they enjoy doing – harassing taxpayers to the maximum extent by whichever means are possible. Unless those elements are reined in and subjected to a severe code of accountability, all dreams of taxation reforms will remain just that – a dream!
Ruling Party stalwarts have been making fun of former PM by dubbing him as ‘maun Baba’. Now remaining salient even after the strictures passed by Honorable High Courts on extension of Date episode, worthy FM and PM cannot escape being dubbed likewise.
None Governance all proved. Relevant and related facts:
1. In contradiction to Government decision not to come out with any retrospective applicability, the First CBDT Notification dated 22/06/2015 with respect to new ITR (few of new ITRs not all) was made effective from 1st April, 2015.
2. Again on one had Government declared that for all the purpose Self attested copy of document will be suffice requirement of Government., while CCA declared that for Digital Signature Certificate (DSC) only attestation of three authority shall be considered. Than too for PAN which can be easily verified by any authority from IT web site.
Good governance require able experience with clear mind and not just mandate and visionary vibrant voice (VVV) on “Digital India”. Effective implementation of decision only works; who ware what at which time is only media maniac use of technology.
Surprisingly not a word by FM and PM on such an harassment and arrogance by top brass of CBDT.So many professionals and taxpayers have been tortured ,still no word.This is how they govern and expose their true colours
You are perfectly right.
I respectfully disagree with CA Bashir Lone because the attitude of the Modi Ministry is clear from the fact that the bureaucratic head i.e. RS had offered apology and it had never happened hitherto. Please recall news items appeared in media last year that PM Modi had given clear cut demarcation between Ministers and Administration. As seen from the PMO web site it is clear that it is forwarding all grievances to respective administrative heads calling for timely action with accountability fixed. The process had commenced and it will some more time to percolate down below.
Why everybody is against CBDT, Almost all bureaucrats work as per wishes of Ministers. The Modi & Co have shown real colors by making such a torture especially to tax professionals/CAs. Despite being such a big Country why every year they create some problems, by publishing late TAR/ITRs. When ROI has to be filed every year, why they are taking so much time for releasing it. This is not a question of granting extension but question of respect. They enjoy on tax payers money and have not shown any respect to taxpayers or tax professionals.
There was a message in circualtion that Mr. Arun Jaitely , the FM threatend a delgation of the ICAI with roping in other professionals. Also , the CBDT chairperson had reportedly stated the ICAI not to seek extension becuae of ” target problems ” This explains the admant attitude so remarkbaly but so thoughlessly demonstrated by the CBDT . By a single stroke of pen the CBDT has undone wht Mr. Modi and his Sancho Panja Arun Jaitely have claimed to do all these monthe : good governance ” Non adversarial tax regime” and goood governance besides harming their most loyal resrvoir if voters from Bania , CAs and industry . Even in US , such a prejudice to the taxpyers would see the heads rolling
Not only the bureaucrats are answerable to the public at large, but even FM should resign on moral grounds.
agood person said sorry ok butlet us fix accontability-on fm/sr beuracate-tokenpenalty be
deduct amt rs1000pm for 12months
10day suspend with nopay
let all tax payer start a movement to demand–politician/beuracts getting pension after retirement at 60 even without work for lifetime-even enjoy big perks known to all when in service–why not to tax payers-
WHY BEGGING BEFORE PRESENT NEW GOVT/CBDT WHO TALK BIG ACCHE DIN/NO TEAR IN ANY PERSON RESPY WHO HAVE NO RESPECT FOR TAX PAYERS BECAUSE OF ARROGANCE OF POWER-NO RESP FOR HON COURTS-MUMBAI PAY 30%-
-THEY TAKE BIG PENSION EVEN AFTER RETIREMENT TILL LIFETIME WITH NO WORK– even during service enjoy many many perks known to all
NO SUCH FACILITIES TO TAX PAYER/CAS OF LAST RET INCOME filed at 60yr/avg 5yrs WHY! make it a movement
by all tax payers
This is another example of harassment meted out to CA’s and assesses. While we face such harassment and humiliation on a regular basis from individual IRS officers this is a classic example of collective harassment by the deptt. and will bolster up and increase the harassment quotient of officers. Mr. Modi & Jaitly & Co must reign in these IRS, IAS, and other Govt. officers or make in India will be nothing but a fiasco. Today as I pay several lacs of rupees as service tax for the quarter the Govt. & Mr. Modi and co must realise that we CA’s contribute to the nations exchequer not only they Income Tax but also by dint of our labour and expertise where the govt is a silent partner of 14 %. While his officers get facilities not to administer the law but to harass us minions. The date extension episode is a classic example of torturous harassment in which they took geat pleasure
It is high time for the Govt to look in to the issue and bring it on records the responsible officers publishing messages on non extension or selective extension again and again inspite of repeated requests/pleas, who made the most respected CBDT face this embarassment for someones pre-mature, irrational, childish attitude in most important timely decision making.
These comments are hardly going to make any improvement, sorry for the tax payers.
This arrogance prevails not only in Finance Ministry but across all the Central Government and StAte government ministries- just visit any one
The Ministers and the officials behave like Maharajas and they can torture the general public at their sweet will. Nothing has changed over the years and nothing is going to change in future too because whoever enters in Lanka becomes Ravana.
what is surprising is the studied silence of Mr. Jaitely, our Finance minister on the whole matter, not a word…., one would have expected a more responsible response from CBDT under his leadership,being a senior advocate of the supreme court himself. He must initiate steps in a transparent manner, to ensure that such a situation doesn’t arise again…..One wonders if CBDT really deserves the prime minister’s award for Excellence in public administration… Trust you are listening sir…
it would have been better if the CBDT would have extended the date for efiling alone for 15 days in advance so that the unnecessary stress and cost could have been saved. Now there is no use of extension in date since we have already completed the work with unwanted pressure, unnecessary stress and unnessary cost.It is also ridiculous that the CBDt has not given any weightage to the verdict of High courts.
It is very much disappointing behaviour of Indian Government. The president of most noble Institute personally visited the finance minister and apprised him of the situation and requested him to extend the date of filing since the delay is attributed to the lethargy of Government beurocrats in providing the utilities to the taxpayers but the Finance Minister turned a deaf ear to our president.This arrogance will not be tolerated in the democracy. We request our Hon. Prime Minister to give the portfolio of Finance minister to a less arrogant and little ademant person who can understand the technical difficulties of the honest taxpayers.
Sir, it is good that Hon. RS has apologised for the CBDT fiasco. It may help cool down tempers. But Hon. RS should see that inspite of frequent declarations by Hon. FM that tax department will be non adversarial and not haress the tax payers there is not much change at ITO level. Some instances :-
(1) Inspite of Central Board of Direct Taxes instruction no. 7/2014 dated 26.09.2014, by virtue of its powers under section 119 of the Act, in suppression of earlier instructions/ guidelines on this subject, directing that cases selected for scrutiny during the Financial Year 2014-2015 under CASS, on the basis of Either AIR data or CIB information or for non reconciliation with 26AS Data, the scope of enquiry should be limited to verification of these particular aspects only. Therefore, in such cases, an Assessing Officer shall confine the questionnaire and subsequent enquiry or verification only to the specific point(s) on the basis of which the particular return has been selected for scrutiny.inspite of this clear direction of CBDT, ITO issued detailed questionnaire to tax payers and when pointed out on date of hearing did not take reply on record by noting in order sheet nor accepted in dak section nor gave fresh date for hearing. Reasons are best known to ITO. (2). On anonymous complaint which as per instructions should be filed, ITO phoning up repeatedly asking for PAN , ward number etc.
The point of Mr. anil kumar goel is correct. A person who does not file a return of income is allowed to file the same before the end of the assessment year. The only levy on such late filing was to pay interest on balance tax due if any. In the case of audit reports also a grace period of less than a month might be ignored and if it exceeds graded penalty for every month or part there of after initial grace period till the end of 3 months is worth considering.
The unfriendly attitude of CBDT is there for every one to understand. It is time that by a circular the various penalty proceedings resulting in the imposition of penalty under different provisions of the Act contrary to the assuranances given to the ordinary assessees at the time of assessment proceedings verbally are recorded and no penal actions are initiated . The AO after the assessment pleads that he has no power to drop the penal proccedings and His superior insists on action of levy.It is back stabbing for monetary gains to the individual concerned and not to the assessee who cooperates for avoiding costly dispute.
This is the arrogance which is the way of working of the I T deptt starting from CBDT to down the bottom.This is high time that tax payers shall be protected from so called WHITE COLLER BABUS sitting in AC rooms. these persons do not have any knwoledge of problems at ground level. Taking decision is easy at the rooms without understanding the problems at ground level.
I think its high time that Professionals who are involved in this field to take a tough stand against this arrogant decisions and make a strong representations that even PM will intervene directly in the matter, which the dept feels is not serious, for their own decisions.
Deadline was already dead.PM should shunt out those irresponsible officers who are responsible for the delay. There is nothing Indian in these Indian Revenue Service Officers. Such arrogance is not permissible in “Make in India”. I appeal to all to call for a copy of the note sheet relating to the delayed notification and ask for firing of those (ir)responsible for the atrocious inaction. They are worse than the terrorists, as they have very badly terrorised the tax paying community and the related professioals.
Thank you Dr. Adhiya (RS) for tendering APOLOGY for no fault of yours. Now take action under Rule 56(J) of the FR against the person responsible for this sorry state of affairs. My humble request to you (Hashmukhbhai); invite public comments about the functioning of Incometax Department and you will be flooded with thousands of complaints. People are not coming forward for fear of reprisal. Central Govt. is changed, but not the mindsets of Govt. servants. Modi’s message has remained confined to PMO only. Narendra Modi should call a meeting of all the Members of CBDT and give them dressing down. CBDT feels that once they have issued Instructions/Circulars, there duty is over. They have to see how far their Instructions/ Circulars are followed and take stern action against the erring officers. Board has created so many posts of PCCITs, CCITs and CITs ; but they are not doing any Original Work. They are not even aware what work is pending in their offices for years.
It is high time now that the Prime Minister and the Finance Minister put their heart into the entire episode of Dadagiri, Defiance, Dictatorship and behaving like Hitler by the CBDT Officials and unprecedented treatment meeted out to the tax payers and the professional fraternity across India and the total disrespect shown to the High Courts. IT IS NOTHING BUT SHAMEFUL ACTS HAVING LOWERED THE IMAGE OF CBDT AND THE GOVERNMENT BY ALL STANDARDS JUST TO KEEP THEIR EGO. HOW LONG WILL IT CONTINUE AND THE CULPRITS WILL ESCAPE PUNISHMENT FOR THEIR WRONG DOING. I PRAY TO THE ALMIGHTY GOD TO GIVGE THEM SOME SENSE TO BEHAVE HUMANLY AND RIGHTFULLY.
The CBDT has exposed its character and its attitude.They have no concern for the hardship to which a common assessee is put to by the misbehaviour of its field officers .The CBDT should issue a warning that officers irrespective of their rank shall face severe punishment for all their actions in their excercise and misuse of powers taking shelter as their actions are to protect the interest of the Revenue. The standard as stooped to such a level even high pitched and unreasonble demands are raised contrary to the provisions of law at the directions from the top and stay is denied stating mere filing of appeal can not be a reason for stay .The assessees are harassed in all manners.
It is time some serious itrospection by Govt of India for the protection of citizens of the country .
Indian bureaucrats love clowning and performing circus every year. In the past 5/6 years I do not recall a single instance of the deadline for filing TAR ITR-4 being adhered to. Every year the CAs and tax professionals have to line up before the CBDT and / or FM to seek extension of the last date of filing due to some bottlencks, lacunae or bugs of Department creation. And every year usually at about 5-00 p,m, on the last day the CBDT announces an extension of a month two. This year took the cake. Partial extensions were granted to states (two) whose HC lambasted CBDT for its sheer incompetence. This is no way to enforce a Central Act when all tax professionals face the same problem all over the country. And then on the morning of 1st October i.e. after the due date an extension is declared.
If the GOI is serious about ease of doing business, user friendly bureaucracy, etc. do away with the British model Civil services. Outsource the recording and computation services either to interns (as in US) and have senior officers only to inspect & investigate selected cases. Can the citizens of India and the invited foreign investors expect an IRS like the USA where an inspection notice sends shivers down the spines of tax evaders and even the second highest elected officer Vice President was convicted and the highest elected officer the President who pardoned him had to vacate the White house by resigning.
Why FM and PM are tolerating lax officers in CBDT for the fiasco for which Revenue Secretary has to apologise.Are they not aware what is happening under their nose.
Yes you are correct. But I have seen and observed the manner of Hon. Courts Granting Cost on the applicant for no reason!!! Why cost is not imposed on the C B D T by Hon. Courts ??!!! I have experienced and applied by the other Advocates through Hon. Justices / Judges by imposing cost on me to keep restricted the Hon. Courts from my litigation!!!!
THE MAIN CULPRIT IS PENALTY PROVISIONS FOR NOT / LATE FILING OF TAX AUDIT REPORT AND RETURNS REQUIRING TAX AUDIT. IF THERE IS DELAY OF 1 DAY YOU LIABLE FOR PENALTY OF RS. 1.5 LACS MINIMUM ?. WHY ? IF THERE IS SOME RATIONAL PROVISION FOR PENALTY, NO EXTENTION WILL BE REQUIRED AT ANY TIME EVEN AFTER ALL THE FAULTS OF CBDT
The budget wing of Finance Ministry starts its functioning from about December of previous year. It works meticulously and FM prepares a budget and presents to Parliament almost 1 month before the closure of the financial year. Hence people are broadly aware of their commitments well in advance i.e. about 15 months before the filing of returns of income. But the CBDT had not working for at least 2 months before the due date for filing returns of income and other forms. What a tragedy in the same Ministry? Why not FM and his secretaries take this into account that they were functioning well ahead by about 15 months but their subordinate authority does not wake up till last minute.
We dont want his apology as it is totally useless like dept. They even cant think by what pressure CA and their personel have gone through to meet the due date. Every time we hear new promises and all but all goes in vain. On one side Mr. MODI says make in India and trying to bring worldwide companies in India, to show them such inadequacy and lack of responsibility of dept. Whole nation knows what it was like so how come Mr. Secretary wokeup so late…
A part in ITR 4 requires the tax payer to give details of quantitative stock of the assessee at the end of the previous year. It requires him to furnish details of Opening Stock, Purchases, Sales and Closing Stock in Quantities. How does a Grocer furnish such details > He deals in thousands of products and articles of different kinds and types. Can precise quantitative details be submitted by him if he is a 44AB TAR assessee ?
Why should a small trader having turnover in excess of Rs. 1 crore be required to authenticate his signature digitally, when a non-trader having income of Rs, 25 lakhs is not required to do so ? Such DSCs are required to be obtained every year involving extra cost and harassment. He has also to be at the mercy of his Tax Auditor to register the Auditor’s DSC in his account. Is not it an unnecessary procedure not of any benefit either to the taxpayer nor the Tax Department?
Why should every taxpayer subject to TAR u/s 44AB be required to deal with a Return Form ( ITR 4) running into 23 pages when other individual tax payers can file their ITR with 3 pages ? Most of these 23 pages are redundant for average trader or businessman.
Bureaucracy thrives in creating complexities otherwise they will cease to have their raison de etre.
Why CBDT is not tendering public apology.The concerned top brass have squandered hard earned taxpayers money and harassed public due to their laxity. PM should immediately shunt these officers out and recover cost from them besides an exemplary penal action.Height of arrogance despite directions of Honble High Courts
This is the arrogance which is the way of working of the I T deptt starting from CBDT to down the bottom. Exceptions do not count. Companies Act is bringing out daily notifications. Most cumbersome being calculation of fixed asset life & valuation. But arrogant CBDT would not understand it. It simply runs on whims. Most of the CAs and IT practitioners, I talked to, were fearing that many returns uploaded were not correct because of the deadline. Only the God knows what would happen to helpless tax payers. Ridiculous.
Dear Sir
This is high time that tax payers shall be protected from so called WHITE COLLER BABUS sitting in AC rooms. these persons do not have any knwoledge of problems at ground level. Taking decision is easy at the rooms without understanding the problems at ground level. in state of Karnataka the bank was closed for continious three days
I think our beloved PM has to start new compaign at all the CENTRAL GOVERNMENT REVENUE OFFICES. The compaign will be “DO NOT HARASS TAX PAYERS”.
Regards
CA Shankarasa V Ladwa
There are total around 2 lakhs of Chartered Accountants sharing their valuable responsibility as PARTNERS IN NATION BUILDING spreading all over India and are the basic people enabling the Government in getting the entire revenue from Income Tax, Service Tax and other taxes. These Chartered Accountants are cause for proper implementation of all legal provisions and guide the crores of assessees across the country to pay proper taxes. Hence the voice these Chartered Accountants should have been respected by the Ministry of Finance and BABUS sitting in AC rooms with a lot of unnecessary ego. As per CHANAKYA NEETI, taxes are to be collected by implementing rules, regulations and procedures in such a manner as like Honeybee collects taxes without hurting to flowers.
Was he sleeping all this time?
Thank God there is a sane person in the Govt. God bless him.
These CBDT is repeatedly unpopularising the popular government at centre,for the reasons best known to them. Prime Minister sir ,Kindly keep watch and find out who is behind these tactics.
I agree with CA Dushi and Mr Waghela I understand that extension of due date was after intervention from the highest level Strong action should be taken against person who issued order for extension in few states only in compliance with HS judgement In my opinion, HC should have disposed off appeals immediately In furtherance to Delhi HC judgement, govt should rule that if forms are not notified on 1st April, the due date shall stand automatically extended proportionately Govt should also stop amending forms and schema every now and then
1. Most unreasonable attitude of the CBDT. It is not fair. Even they are dividing Indian tax payers.
2. The society is giving money and they are not asking money from the govt. They are asking time to file the papers and they should allow it.
3. High time for accountability concept.
4. Govt is seems to be the biggest litigator.
5. Ease of doing business?
6. Still they are not telling that they will notify Forms on 1st April.
I would kike to ask the CBDT to calculate the COST incurred in the whole episode of NOT EXTENDING THE DUE DATE.How much valuable time and money have lost by CA Professionals/ Advocates and tax payers in just fighting the case in the high courts.
What did they achieve finally for being so ADAMANT in their attitude.
Infact they have lost their respect and image and got adverse comments from the honest citizens of this country.
I think its high time that Professionals who are involved in this field to take a tough stand against this arrogant decisions and make a strong representations that even PM will intervene directly in the matter, which the dept feels is not serious, for their own decisions.
I feel very pity about this country, on one side we are marketing ourselves as USER FRIENDLY in doing business with improved reforms and on another side we our selves are setting this kind of example. Now, one can imagine, how to trust statements being made to outside world.
I sincerely believe this whole episode be highlighted to our Hon. PM, so that he can understand the ground reality and why the results could not be yielded from his ALONE HARDWORK.
CBDT official is a superlative complex ,how they dare to behave like a supreme . It is a wrong sign of bossism . this trend indicating the lack of interaction in between CBDT and Top brass of finance ministry and top brass of finance ministry very lately acted and respect the judgement of honurable court verdict after amass objection and protest . Nothing going on in the correct order ,
One more thing – should there not be a due date for these guys to release the utilities ?? Are due date, almost everymonth, only for the masses and not for these PRIVILEGED” people protected under the OLD & OUTPLACED ACTS designed for BRITISH RUKERS
Nothing but misuse of powers which is programmed in the minds of IRS & IAS brass with the help of the same BRITISH era ACTS & RULES which were devised in those times to help British Officers to SUPPRESS people. They are still being enjoyed in the same format even after 100 years. Its time courts direct the government to have a re-look at those ACTS and modify them as “rules to administer” from the existing “rules to RULE” – till then it would just be same “leaving” with a comment !
If Sri Jaitley were in opposition what would have been his demand?- He should do it to be worthy of Bharathiya Janatha Minister.
Deadline was already dead.PM should shunt out those irresponsible officers who are responsible for the delay. There is nothing Indian in these Indian Revenue Service Officers. Such arrogance is not permissible in “Make in India”. I appeal to all to call for a copy of the note sheet relating to the delayed notification and ask for firing of those (ir)responsible for the atrocious inaction. They are worse than the terrorists, as they have very badly terrorised the tax paying community and the related professioals.
Its surprising that the honourable finance minister was a mute spectator to all this despite being made aware by icai. It was his duty to stop cbdt from doing this. Is this good governance that you promised honourable finance minister????
To do some loud thinking:
The hotly debated refusal to extend the filing due date has come to be, after a long restive wait, eventually known to the taxpayers and their advising professionals, for certain, not until just before the d’ day i.e. August 31. As noted from the post @ Dr Hasmukh Adhia @adhia03, the decision to roll back the refusal has been made known on October 1; that is, only on the next following day. It is anybody’s guess as to in how many cases , because of the haunting uncertainty till then, tax returns and audit reports would happen to have been filed, meanwhile, in a feverish rush; so much so with possible inaccuracies, in completeness , or the like. On a review thereof since, the need for filing a revised return may come to be realized , leading to filing of revised return. In those cases, the intriguing point of poser that arises is, – should not any such revised return, in all fairness and as a matter of upright principle, be allowed to be filed and taken on record as ‘original return’; thereby, avoiding the otherwise likely consequence of, if not anything else,the not-so-obvious ‘discrimination’ among taxpayers as a community ?!
Over to the directly concerned, if so inspired and care to consider and give more thoughts to the mooted point,at least from an academic viewpoint; and not feel shy to but openly share with the rest. For, even if nothing more, that could, in any case, help in mobilizing public opinion on, as to why any such procrastination of a binding authoritative decision, resulting in a crisis situation, ought not but be sanely eschewed in increasingly difficult times looming large ahead.
We worked day and night to meet the due date and these people the ministry are unaware of work to be complied for filing forms just apology will not suffice
Heads need to roll. Lal Bahadhur Sastry resigned as Railway Minister. The bureaucrats are no lesser mortals .Their ego needs to be pricked. The Revenue Secretary was graceful in tendering an apology and this single act of his cannot be an appropriation for the sins of the CBDT. It has become a glorified office of file pushers who cannot take a decision.
I think this is high time that central government has to act immediately. It has to fix accountability. Our boloved PM has to start compaign “DO NOT HARAsS TAXPAYERS” in all revenue departments.
Apology for what first they had created terror to surrender ….
Please ponder, how can the due date be extended after the due date is over? This is a cruel fun of the assesses and public at large.
This is nothing but bureaucracy blackmail bundled with hyper insensitivity. Revenue Secretary/Minister to take suitable action and exemplary punishment to the officers. I shudder to think what these officers are upto when they deal with a common man.
Apologies by MOF secretary for adamant behaviour of CBDT members after due date of ROI by that time most U.S. Have filed the return and TAR. Why MOF not intervened when ICAI represented before FM. This action shows to avoid contempt of court case and allegations by many taxpayers on divide India as well to show foreign investors that ministry take proper remedy against Babus
I think as ordinarily Hon. Courts are ordering for the Cost as a fine , should also in such case impose a fine on C B D T / Income Tax Department from all courts all over India. So that this may set an example for future. They are behaving as Chalti Hai Hoti Hai as in all Government Department . Like Mr Hasmukh Gadhia Senor I A S , with due respect to him, very high , heading the Finance Department should behave very properly and understand the situation in all respect/ side well in advance . Every time for one reason or the other people are being harassed and suffer a lot.This is not only one person case . All over India are suffering for sever inconvenience and all. All and every thing notifications made by Government in respect of Tax Payers are being followed in strict sense or not should be checked through reporting. Like Refund , appeal effect order , and many important point.
1.There is not a single deadline to department for their action.
2. If refund is delayed , they give meagre interest @ 6% whereas assessee has to pay 12%.
3.If demand is pending assessee faces coercive action whereas if refund is pending assessee is at mercy of assessing officer.
4.Better we don’t talk of delay in giving appeal effects and frivolous appeals from department.
5.With the mindset of present tax administrators there is little hope the assessee will be ever be at peace.
6.All the revenue departments feel that all assessees across the country are tax evaders .
7.All carrots to foreign investors and only stick to own citizens.
God bless Indian tax payers
Sri C. B. Dushi sir, 1. There are dead lines for every action. But they will not follow and flout freely.
2. If there is demand they will collect with coercive measures. But if the refunds. No talk. Supreme Court directed in all such willful delays the interest allowable u/s 244 shall be recovered from the erring officers. But not in a single such recovery was made.
3. In Hyderabad in a group of cases there were as many a 1000 appeal effects were given very lately. However, the refund arrived was never released to them even till date i.e. even after 20 years from the date of coercive collection. The method employed was in the guise of computerisation, the pending demands had been hiked and claiming even before High Court in the form of arrears. Hon’ble High Court permitted to adjust from out of amounts under lien to the department. This was also not done. The group approached even the Parliament to which the CBDT had given wrong information a reply to a starred question.
4. Now it is time for FM and Secretaries in FM to act in favor of justice.
I have my doubts about such an action.
Very astonished at the attitude of the top brass. If that the sense of top brass you can well imagine the behaviour of the lower iron class.
Not all, but many assessing officers see the taxpayers as goats and project themselves as butchers. In spite of so many taxpayer friendly circulars issued by the CBDT, none cares for even the best and honest tax payers. In one of my clients’ case the shameless assessing officer has asked him to give details of expenses he incurred on clothing for himself and his family. Does the CBDT commands an abbetoir.
I fully endorse the views of Mr. B.S.Waghela. It is for the Revenue Secretary to show his action against the erring. The carrot concept had ended. Now it is for stick process. It is also in the news that the erring people are going to be blessed with higher salaries and allowances from the exchequer in the ensuing Pay Commission Report. Unless the erring are punished the increase in the ensuing pay commission recommendations could not be justified.
I fully endorse tte view expresed
Very astonished at the attitude of the top brass. If that the sense of top brass you well imagine behaviour of the lower iron class.
Not all, but many assessing officers see the taxpayers as goats and project themselves as butchers. In spite of so many taxpayer friendly circulars issued by the CBDT, none cares for even the best and honest tax payers. In one of my clients’ case the shameless assessing officer has asked him to give details of expenses he incurred on clothing for himself and his family. Is the CBDT commanders an abbetoire.
Thank you Dr. Adhiya (RS) for tendering APOLOGY for no fault of yours. Now take action under Rule 56(J) of the FR against the person responsible for this sorry state of affairs. My humble request to you (Hashmukhbhai); invite public comments about the functioning of Incometax Department and you will be flooded with thousands of complaints. People are not coming forward for fear of reprisal. Central Govt. is changed, but not the mindsets of Govt. servants. Modi’s message has remained confined to PMO only. Narendra Modi should call a meeting of all the Members of CBDT and give them dressing down. CBDT feels that once they have issued Instructions/Circulars, there duty is over. They have to see how far their Instructions/ Circulars are followed and take stern action against the erring officers. Board has created so many posts of PCCITs, CCITs and CITs ; but they are not doing any Original Work. They are not even aware what work is pending in their offices for years.
As usual the bureaucrats in CBDT does not apply their mind at all. They issue general circulars prohibiting recording statements while conducting surveys and at the same time they conduct disciplinary proceedings against those who do not record such statements or do not recongise such recorded statements. It had happened in my own case. Their approach is class oriented. They safeguard their own cadre and throw blame on subordinates.
Yes, you are correct.