Challenge By Tax Bar Association to New Income Tax Portal System
The aforesaid writ petition came up for motion hearing before the Gauhati High Court before a bench of Hon’ble Mr. Justice A. M Bujor Barua today. Dr. Ashok Saraf, Senior Advocate appeared on behalf of the Tax Bar Association and argued the case. It was submitted before the Court that the taxpayers and other professionals have become victims of the ill planned income tax portal system which was not without proper testing.
It was submitted that the fact that there is a technical glitch in the portal system and the said portal system not working has been admitted by the Union Finance Minister. Dr Saraf submitted before the Court that from time to time due to the said technical glitches in the portal system, the last date has been extended and the last extension in respect of the timeline for filing of income tax returns and various reports of audit for the assessment year 2021-22 has been extended vide notification dated 09.09.2021.
Dr. Saraf further submitted before the Court that such extension of the dates cannot take away the rights of the taxpayer to pay tax and submit the returns on the day he desires and one cannot be compelled to pay taxes and submit returns on the defective portal system which is full of glitches.
The Court heard the matter and observed that not allowing an assessee to pay the tax and submit the returns on the day he desires is arbitrary and the Income tax Department has to provide a proper functioning portal system to the assessees to comply with the requirements under the Act. The Court allowed 7 days time to the Counsel for the Income Tax Department to obtain instructions as to how they are going to have a glitch free portal system and/or other system so that an assessee may comply with the obligations under the Act.
The matter shall come up after 7 days. more