Madras High Court Stays Clause 7 of CBDT
Order dated 26-09-2014 regarding Extension of ITR Due Date AY 2014-15 with Levy
of Interest u/s 234A
Earlier on
26-09-2014 CBDT, following the direction of the Gujarat High Court had extended
the due date for Income Tax Returns (ITR) filing from 30th September, 2014 to
30th November, 2014 for
assessee covered under tax audit us 44AB of Income Tax
Act, 1961.
However, the clause 7 of CBDT
order dated 26-09-2014 provided that assessee shall have to pay interest under
section 234A for the period of the extension granted.
Clause 7 of CBDT Order is
reproduced hereunder:
7. There shall be no extension of the “due date” for the purposes of
Explanation 1 to section 234A (Interest for defaults in furnishing return) of
the Act and the assessees shall remain liable for payment of interest as per
the provisions of section 234A of the Act.
Now, it is reported that the Madras High Court has granted a stay on
the operation of the clause 7 of the said order of CBDT and has issued a
direction to Income Tax to accept returns without interest.
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