18 September, 2015

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Delhi HC dismisses ITR/TAR Due Date Extension Appeal on the Ground of PIL Drafting

Delhi HC dismisses ITR/TAR Due Date Extension Appeal on the Ground of PIL Drafting

In the case of Avinash Gupta and Ors V/s Union of India and Ors It was held by Delhi High Court that in this case it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL) and does not comply with the rules for filing a petition in public interest. Hon’ble  Court has dimissed the petition and  granted the liberty to file a PIL.


IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 8771/2015 & CMs No.19409/2015 (for stay) & 19410/2015 (for exemption)

AVINASH GUPTA & ANR
Through: Mr. Manish Jain, Adv. with Mr. Vineet Bhati, Adv./A.R. of P-2.

Versus

UNION OF INDIA & ORS .

Through: Mr. Kirtiman Singh, CGSC with Mr. Gyanesh Bhardweaj, Adv. for R- 1/UOI.
CORAM: HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R
14.09.2015

1. The petition impugns the decision dated 9th September, 2015 of the Government of India refusing to extend the date prescribed of 30th September, 2015 for filing Income Tax Return of entities whose accounts are required to be audited.

2. The petitioners do not disclose any cause of action in their favour. Rather, in para 6 of the petition, it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL) and does not comply with the rules for filing a petition in public interest.

3. The counsel for the petitioners seeks to withdraw the petition with liberty to file a PIL.

4. Dismissed as withdrawn with liberty as aforesaid.
No costs.
RAJIV SAHAI ENDLAW, J.

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