The Ahmedabad bench of Gujarat High court on 21.01.2022 disposes off the writ petition filed by the THE SOUTHERN GUJARAT INCOME TAX BAR ASSOCIATION, SURAT [SPECIAL CIVIL APPLICATION NO. 591 of 2022], and the major highlights of such writ is as under:
The petitioner had requested the following relief:
- Provide facility to file Tax audit report and Income tax return via e-mail or in physical form looking at the glitches on the new e-filing website.
- To remove interest u/s 234A of the Income tax act as many people are not able to file Income tax return due to the glitches in e-filing website.
- To provide relief from late filing fees under section 234F and penalty under section 271B of the Income tax act for delay in filing Income tax return or Tax audit report.
Respondent’s reply on the above relief [CBDT’s reply]:
- It is not feasible to allow physical filing or filing of Tax audit report/ Income tax return through e-mail as the processing of all the returns and forms is done by machine without any human intervention and as of now there is no such system to convert such physical form to digital and hence it would not be feasible to then process all returns and tax audit report accurately.
- Technical glitches on the website will be taken care of at the earliest and the department has also released a specific e-mail for glitches people face while filing Tax audit report TAR.helpdesk@incometax.gov.in also there are various generic e-mail id’s which have been created for other glitches and issues in Income tax e-filing website efilingwebmanager@incometax.gov.in and efilinghelpdesk@incometax.gov.in
- Various Tax audit report’s, other forms and Income tax return have been successfully filed on the new e-filing website.
Court’s observation:
- CBDT has assured that all necessary steps have been taken to assure smooth filing of Income tax return and Tax audit report, also in case of any glitches are faced by users same shall be attended at the earliest.
- The court also requested CBDT to roll out a specific e-mail id for issues faced in filing Income tax return as they created one for Tax audit report.
- A team of six members or if need be more are to examine and resolve the E-mails received at this E-mail ID.
- With regard to the issue of interest levied under section 234A it was said that a writ is already pending before this court in this relation and hence this matter will be covered in that writ.
To download the full order CLICK HERE.
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