Gujarat High Court Orders Extension of ITR Filing Deadline for Audited Cases to November 30

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In a significant development for tax‐compliance timelines, the Gujarat High Court has stepped in to ensure that taxpayers subject to statutory audit receive adequate time to file their Income-Tax Returns (ITRs). The bench of Justices Bhargav D. Karia and Pranav Trivedi directed the Central Board of Direct Taxes (CBDT) to extend the ITR filing deadline for audited cases to 30 November 2025. 

 

Background & Legal Issue

 

Under Section 44AB of the Income Tax Act, 1961, certain taxpayers—such as businesses, firms and professionals—must have their accounts audited and then file an ITR by a ‘due date’. The Act also contains an explanation that the “specified date” for furnishing the audit report must come prior to the ITR deadline by one month.

 

Recently, the CBDT extended the audit report filing date to 31 October 2025. However, it did not explicitly extend the corresponding ITR‐filing due date. This created a legal inconsistency and practical compliance problem: taxpayers would have audit reports due end of October and ITRs due almost simultaneously—contrary to the statutory one-month gap. The petitioners approached the court pointing this out. 

 

Court’s Decision

 

Responding to the petition, the Gujarat High Court held that once the specified date (audit report deadline) is extended, the ITR deadline must also shift accordingly by one month to honour the statutory structure. The bench stressed that the CBDT must issue a circular extending the ITR deadline to 30 November 2025 and submit a compliance report by 16 October 2025. 

 

The court emphasized that the CBDT’s failure to notify the extension would leave taxpayers in a state of undue legal and compliance risk—contrary to the principles of efficient tax administration.

 

Practical Implications for Taxpayers

 

For businesses, professionals, LLPs and partnership firms covered under audit obligations, this order offers welcome relief:

 

  • They gain additional time to finalise audited financial statements, prepare tax computations, correct errors and coordinate with auditors.
  • Reduces pressure of simultaneous deadlines (audit completion + ITR filing).
  • Minimises risk of late filing penalties, compliance lapses and errors.

 

However, until the CBDT issues the formal circular, the original deadlines continue to stand. Tax practitioners should watch for the notification and plan accordingly.

 

Key Takeaways

 

  • The statutory architecture mandates a one‐month gap between audit report deadline and ITR filing.
  • The Gujarat High Court has reaffirmed that extension of one necessitates extension of the other.
  • The CBDT is under obligation to issue the extension and report back to the Court.

 

Taxpayers should monitor official communications and coordinate with their auditors and tax advisors to leverage the additional time.

 

CA Samaaj

Author: CA Samaaj

CA Samaaj

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