The Rajasthan High Court disposed of PIL leaving on administration to come up with a solution to remove technical glitch in income tax portal.
This public interest petition has been filed by the Tax Bar Association of Jodhpur pointing out various difficulties faced by the assessees on account of the official portal of the income tax department having various glitches. The first and the primary prayer made by the petitioners was for extension of time limit for filing returns and furnishing tax audit reports. In this context, the prayer made was to issue directions to the CBDT to extend such a time limit up to 15.02.2022 in exercise of the power under Section 119 of the Income Tax Act, 1961.
The petitioner further said that unless and until all the glitches on the official portal are removed, any extension of time limit would be illusory. In other words, if the department grants only the time extension for filing the returns and audit reports but the portal does not accept the proper declaration, such a time extension would be of no consequence. Consequently, the prayer made by the petitioners is to give direction to the income tax department to remove all the defects and glitches in the official portal.
Advocate Vikas Balia, appearing for the petitioners, stated that the Government of India had declared extension of last dates for filing returns and tax audit reports for the assessment year 2021-22.
The division bench of Justice Akil Kureshi and Justice Rekha Borana noted that there has been across the board extension of last dates for compliances. These extensions are granted because the Government of India had realized that on account of technical difficulties, several assesses may not have been in a position to make the compliances.
The court said that the prayers made by the petitioners in this respect are rather wide and non specific.
The court left it to the administration to deal with these issues at its level and said that proper resolution of the difficulties of assessees would be made at the level of the administration itself without the requirement of Court’s intervention.
Case title: Tax Bar Association and Ors. v/s Union Of India and Ors.
Citation: D.B. Civil Writ Petition No. 513/2022