Status of Gujarat High Court case against waiver of Late Fee in filing of ITR:
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For smooth functioning and ease of processing, a New Income Tax portal was planned and launched. It was originally scheduled in June, 2020 then the commitment was for 15.09.2022. But unfortunately even till today the glitches are persistent.
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Chartered Accountants Association (CAAS), Surat has aptly filed a writ before Hon’ble Gujarat High Court through Dr. Avinash Poddar, Advocate asking for no penalty, interest or late fees until New Income Tax Portal becomes glitch-free, setting up Grievance Redressal Committee & honoring Citizens Charter. This SCA was filed through Dr. Avinash Poddar, Advocate on 05.01.2022 & hearing was fixed on 06.01.2022 in Court No. 3 Sr. No. 17.
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The issue was raised and represented to the Ministry quite a few times by Chartered Accountants Association Surat (CAAS). But no reply was received from them and therefore looking at the helpless position of its members and other taxpayers, CAAS filed a Special Civil Application before Hon’ble Gujarat High Court humbly praying for not levying fee, penalty, etc for any delay in compliance due to the portal issue.
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In the court, the matter was listed on 06.01.2022 wherein Advocate (Dr.) Avinash Poddar along with Advocate Nipun Singhvi appeared in the matter and argued the matter. On hearing, Hon’ble Court was pleased to issue notice to Union and CBDT.
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Now the matter is scheduled to get listed for further hearing on 11.01.2022.
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It may be noted that all Odisha Tax Advocates Association has also issued a notice to CBDT for their refusal to extend the due date of filing returns. However, it was for the assessees of Odisha for the Assessment Year: 2021-2022 after 31/12/2021 and for imposing the late filing fee under section 234F of the Income Tax Act, 1961.
