50 years of Journal of the Chamber of Tax Consultants  (Chamber’s Journal)

Dr. K. Shivaram, Senior Advocate.

Tribute and Vision – Celebrating 50 years of Chamber’s Journal and Charting the path ahead.  (1975 -2025 )

1. Editorial: A summary of the speech delivered on the occasion of the 50th anniversary celebration of the Chamber’s Journal, held on 25th April 2025 at IMC Mumbai.

I had the privilege of serving the Chamber’s Journal for 9 years. I sincerely express my gratitude to the dedicated professionals and staff of the Chamber, whose efforts have contributed to the Journal’s remarkable 50-year journey. I also extend heartfelt thanks to the many professionals whose valuable contributions have helped shape the Journal into one of the most prestigious publications in our country.

2. Acknowledgement of gratitude.

I extend my sincere gratitude to Mr. Hitesh Shah, Manager of the Chamber, for his constant support and dedication. Before him, we were fortunate to have the guidance of the late Mr. Vasnadani, whose contributions were deeply valued. A special note of appreciation goes to Mr. Rajesh Bhagat and his team, who have been associated with the Chamber’s Journal for over three decades, playing a vital role in its continued excellence.

I extend my heartfelt gratitude to all eleven editors of the Chamber’s Journal, whose contributions have been instrumental in shaping its legacy. They truly deserve special acknowledgement for their dedication and service:

• Late Shri Arvind Thakkar
• Late Shri B.C. Joshi, Advocate
• CA Chetan Karia
• Late Shri H.K. Sajnani, Advocate
• K. Shivaram, Senior Advocate
• Shri K. Gopal, Advocate
• Shri K.K. Ramani, Advocate
• Shri Keshav Bhujle, Advocate
• Late Shri V.H. Patil, Advocate
• CA Vipul Chokshi
• Shri Vipul Joshi, Advocate

Their collective efforts have greatly contributed to the Journal’s growth and reputation as a leading professional publication.

I sincerely appreciate the invaluable contributions of the Journal Committee members during my tenure as Editor. Their dedication and behind-the-scenes efforts were vital to the Journal’s success. I am especially grateful to Mr. Mitesh Kotecha, Mr. Pradip Kapasi, Mr. Ninad Karpe, Mr. Sanjay Parikh, Mr. Chetan Karia, Mr. Paresh P. Shah, Mr. Maur Desai, Mr. Atul Maturia, Mr. Pravin Veera, Mr. Kishor Vanjara, Mr. Anish Thacker, Mr. K. Gopal, Mr. Pravin Mahru, Mr. M. Subramanian, Mr. Yatin Vyavaharkar, Mr. Jayant Ghokale, and many others for their unwavering support.

3. Unique feature of the Journal–Special issues.

In July/August 1987, we introduced the concept of the “Special Issue” for the first time, with our inaugural edition focusing on “Prosecution under the Income-tax Act, 1961.” The most recent Special Issue, published in April 2025, is titled “Special Features on Trends in International Tax Interpretation.” As of April 2025, the Chamber has published a total of 352 Special Issues – each serving as a valuable reference for tax professionals. For the benefit of readers, Advocate Neelam Jadav has compiled a comprehensive list of all Special Issues, which is available for ready reference on www.itatonline.org.

https://itatonline.org/digest/articles/the-chambers-journal-reference-to-special-issues-from-1987-to-april-2025/

Some of the landmark Special Issues are:

• Model Deeds – the 35th Special Issue, released by Shri S.E. Dastur, Senior Advocate and Past President.
• Vision 2000 – Tax Laws and Tax Administration – the 45th Special Issue, featuring views of high taxpayers, published under the Presidentship of Mr. Keshav Bhujle.
• 50 Landmark Judgments – the 51st Special Issue, released by the then Chief Justice of the Bombay High Court, Hon’ble Justice Mr. M.B. Shah, at Hotel West End. This issue was dedicated to 50 years of India’s independence and was published under the presidency of Mr. Subash Shetty.

4. Tax judges

In the earlier days, we used to send copies of the Chamber’s Journal to the Judges of the Tax Bench of the Bombay High Court. Notably, former Chief Justice of India, Hon’ble Justice Shri S.H. Kapadia, was a regular reader of our Journal. This reflects the wide reach and credibility the Journal has earned over the years.

5. Editorial

Let me share with the readers that one of our editorials was cited in a Public Interest Litigation (PIL) filed before the Supreme Court of India, highlighting the influence and relevance of our content. Similarly, when the Voluntary Disclosure Scheme was challenged before the Bombay High Court, the Revenue Department relied on our editorial to support the scheme. These instances underscore the credibility and impact of the Chamber’s Journal in shaping legal and policy discourse.

My senior, Shri V.H. Patil, always wrote editorials straight from the heart. One particularly memorable piece was his editorial on Shri S.P. Mehta, published in the year 1990, in Volume 15 of the Chamber’s Journal–

“Shri S.P. Mehta was a great source of inspiration to all to try to become a noble professional. Today, the Tax Bar is more idealistic compared to bars of other branches of law; this is because the tax bar was fortunate to have great idealistic leaders like Shri S.P. Mehta“   

6.   Thought for consideration – “Conventions, code of ethics and accountability of the tax profession”

Many young professionals today are not sufficiently aware of the conventions, code of ethics, and accountability that form the foundation of the tax profession. When we joined the field, especially in High Court practice, the Chamber culture strongly emphasised values and professional conduct, guided by senior mentors. Sadly, this culture is now fading.

In courtrooms, we often see a lack of decorum—such as reading newspapers, turning one’s back to the bench, wearing coats, or casual chatting during proceedings—mainly due to a lack of guidance.

To address this, the Chamber could consider a Special Issue on “Conventions, Code of Ethics, and Accountability in the Tax Profession” as part of its centenary year celebrations, along with a lecture by a retired Supreme Court or High Court judge to reinforce these essential principles

7.   Value addition.

When we began our practice, the only magazine reporting Tribunal judgments was titled “Taxes and Planning.” It served as a key resource for tax professionals at the time. As we move forward, it is important to reflect on how we can continue to add value for our readers and address the evolving needs of the tax profession.

8. Coordination with a sister organisation.

Mr. Narayan Varma, Chartered Accountant and Past President of the Chamber, was a great visionary in the tax profession. He often reminded us that we must work in complement with sister organisations, not in competition. In that spirit, it may be worth considering the idea of holding at least one joint meeting of the Journal Committee with sister organisations. Such collaboration could greatly benefit the professional community and foster a more unified approach to knowledge-sharing.

9. Special issues will be continued.

Regardless of advancements in digitalisation or artificial intelligence, the Special Issues of the Chamber’s Journal will continue to be valued and appreciated for generations to come.

My best wishes to the Journal Committee and its future leadership. I am grateful to President Mr. Vijay Bhat, Editor Mr. Anish Thacker, and Chairman Mr. Ameya Kunte for the opportunity to share my thoughts on the Journal’s 50th anniversary.

The Journal Committee works tirelessly throughout the year and requires a truly dedicated team. I extend my sincere appreciation and best wishes to all its committed members.

Good luck to the President and his team.

All the best.

Thank you once again.

Dr. K. Shivaram, Senior Advocate.

Learned Senior Advocate has made various suggestions for the consideration of the  Hon’ble Chairman and members of the Select Committee of Lok Sabha to examine the Income-tax Bill, 2025, Cell

(SCITB CELL). He has divided his suggestions into three parts, i.e.

(1) The provisions which are not considered in the Income-Tax Bill,2025.

(2) Few specific conceptual suggestions, and;

(3) Certain administrative measures which may be desired for better implementation of the New Income-tax Bill, 2025, and to achieve the desired objective of simplification of tax law and tax administration.

Some  of the important suggestions are, Accountability in tax administration, suggestions for reducing pendency before various High Courts and the Supreme Court,  increasing the scope of appeals to Income tax appellate Tribunal, Appointment of Members of the Income Tax Appellate Tribunal, Arbitration in tax matters, Independent grievance Committee – Trust Deficit,  Nodal Officer, Tax Service and not collection, Major Amendments in tax laws should be made only once in five years. Independent Committee to suggest amendments to tax laws.

Editorial Board.

May 30, 2025

To,

Hon’ble Chairman,

Select Committee of Lok Sabha

to examine the Income-tax Bill, 2025,Cell

(SCITB CELL )

Parliament House Annexe

New Delhi. 110001.

Ref:   Examination of the ‘Income -Tax Bill , 2025’ by the Select Committee of the Lok Sabha.

 Sub: Suggestions for the consideration of the Hon’ble Chairman and Members of the committee.

Hon’ble Sir,

We highly appreciate the Introduction of the Income-tax -Bill 2025. The sincere efforts made by the committee to draft the Income-tax Bill, 2025, deserve to be acknowledged. We also acknowledge the sincere efforts of the members of the Select Committee of the Lok Sabha in interacting with various stakeholders across the country. Sir, we are sure that when the new Bill will be introduced in the Parliament, it will be the version taking into consideration of all the suggestions given by the various stakeholders. We are sure the New Income -Tax may be able to achieve the objectives of our Hon’ble Prime Minster Shri Narendra Modi, when we, as a Nation celebrate our centenary in the year 2047.

Sir, we have a few thoughts for the consideration of the Hon’ble members of the committee, which are divided into three parts,

(1)     The provisions which are not considered in the Income-Tax Bill, 2025.

(2)     Few specific conceptual suggestions, and

(3)     Certain administrative measures which may be desired for better implementation of the New Income-tax Bill, 2025, and to achieve the desired objective of simplification of tax law and tax administration.

1. The provisions which are not considered in the Income –Tax Bill, 2025

1.1   Accountability.

Hon’ble Sir, under the Income-Tax Bill 2025, there is no provision for accountability on the part of the tax administration. Dr. Raja J. Chelliah,

in his report [(1992) 197 ITR 177 (St) (257) Para 5.9], “The Assessing Officers should be made accountable for their actions. If the percentage of demands not upheld by the Tribunals is higher than a reasonable figure, say 50 per cent, the officer should be given a blank mark and reprimanded. On the other hand, an Assessing Officer should be protected and defended if he has obeyed instructions of the Board and followed case laws even though an audit might raise concerns about his actions”.

We suggest that Accountability provisions may be incorporated in the New Income-tax Bill, 2025. In Prashant Chandra v. Harish Gidwani, Dy CIT [2024] 165 taxmann.com 471 (All)(HC), in an contempt application under section 12 of the Contempt of Court Act, 1971 , which was filed alleging wilful and deliberate disobedience of the judgement and order dt. 31^st March, 2015 passed by a Division Bench in Writ petition No. 9525 (MB) of 2013, the Allahabad High court held that disobedience of a Court’s order strikes at the very root of the rule of law upon which the judicial system rests. The rule of law is the foundation of a democratic society. The judiciary is the guardian of the rule of law. The Officer was held liable to pay a fine of Rs. 25,000 along with simple imprisonment for a period of one week, and was awarded to the contemnor. In Bloomberg Data Services (India) (P) Ltd. v. DCIT (2025) 302 Taxman 454 (Bom)(HC), where there was a delay in issuing the refunds, the court held that this was due to the laxity of the Department. The Court held that a refund of the tax amount, if any, ought to be immediately granted to the assessee. Delayed payment of refunds burdens the public exchequer due to interest that needs to be paid on the same. The Court also observed that Rules would be required to be framed and Accountability would be required to be fixed. In the last two years, on the basis of reported Judgements/Orders one will find there are large number of Special Leave petitions (SLP) are dismissed only on account of delay in filing of SLP by the Revenue Authorities without a proper explanation of the reasons for delay. (Refer, Radha Madhav Investments (P.) Ltd. v. Dy. CIT [2025] 302 Taxman 358 (SC) (Delay of 752 days, PCIT v. Joginder Singh Chatha [2025] 302 Taxman 5 (SC). (Delay of 233 days). One can give a list of a large number of cases which are dismissed only on account of the delay in taking up appropriate legal remedies was not properly explained. This is mainly because there is no accountability provision in the tax law. It is desirable that some accountability provision may be suggested in the proposed Bill ,so that the tax collected may be utilised for better purposes.

• Suggestions for reducing pendency before various High Courts and the Supreme Court.

1.2.1. Publication of issues pending before on direct taxes before various High Courts and the Apex Court.

Hon’ble Sir, when an Appeal or Writ Petition is filed before various High Courts, the Revenue is always either the Petitioner or Respondent. As soon as appeals are filed, the Central Board of Direct Taxes (CBDT) can get the information from the respective Commissioners inrespect of the issues pending before various High Courts and these can be compiled and published on the website of the CBDT under the legal corner. This will help both the taxpayers as well as the tax administration. When an issue came before the Hon’ble Bombay High Court, the Hon’ble Bombay High Court directed the Revenue to publish the information on their website. Though an assurance was given to the Hon’ble Bombay High Court, by filing an affidavit stating that the website would be functional from 15-6-2016, this has not been complied with. Reference can be made to CIT v. TCL India Holding Pvt. Ltd. (Bom.)(HC);(ITA No. 2287 of 2013, dt. 06.05.2016) www.itatonline.org. Hon’ble Sir, the Income Tax Appellate Tribunal has developed a system wherein the Hon’ble President of the Income Tax Appellate Tribunal gets the information from all 63 Benches across the country about how many appeals are filed in respective Benches and how many have been disposed. The list is prepared every month for the appeals filed and the disposal of appeals by the respective Members of the ITAT. Hon’ble Sir, we suggest that such a system may be adopted by the CBDT to know the pendency of appeals across the country before various High Courts and the Hon’ble Supreme Court and the issues involved. The list can be published on the website of the CBDT, which will help the Revenue as well as the Assessees.

 1.2.2.  Clauses, 365 to 366 .[Section.260A]: Appeals to High Court -Acceptance of orders of High Courts.

In the earlier days, whenever the Department would accept a decision of a particular High Court on the interpretation of law, the Central Board of Direct Taxes used to issue a circular stating that the judgement had been accepted. This practice seems to have been discontinued now. If this process is adopted and instructions /circulars are published, litigation will be reduced considerably and shall prove invaluable for the ease of doing business in India by bringing certainty to tax laws. The Hon’ble Bombay High Court in CIT v. TCL Ltd. (2016) 241 Taxman 138 (Bom.)(HC) has passed a detailed order asking the Chief Commissioner of Income tax to host details of the matters admitted before the Bombay High Court, matters accepted by the Revenue, etc. online. If the order of the Bombay High Court is implemented, it will surely reduce by a positive step in reducing litigation.

The CBDT vide Circular No 1 of 2011 dated April 06, 2011 (2011) 333 ITR (St) 1, Instruction No 4 of 2011 (2011) 198 Taxman 14 (St) and Instruction No 7 of 2011 (2011) 199 Taxman 26 (St) which provided guidelines to the Department for filing Appeals/SLP’s clearly records that there were several instances where Appeals were filed by the Department even though Questions of Law were not involved. This also adds to the arrears of litigation.

It has been observed that when the quantum of addition is large, though a question of fact is involved, the Revenue files an appeal invariably to avoid any query on audit in future. If the reference is rejected by the Tribunal on facts, the Revenue may not take the matter further. The High Court is the Third Appellate authority under the Income Tax law and is to entertain only substantial questions of law.

The Hon’ble Bombay High Court is presently listing final hearing Appeals which were admitted in 2003, i.e. even after more than 22 years, the appeals that truly require adjudication on points of law languish and are not decided as the High Court is burdened with needless Appeals on disputed facts.

1.2 3.  Availing the services of retired judges on a ad-hoc basis:

Article 224A of the Constitution of India enables the appointment of retired judges at sittings of High Courts as ad-hoc judges. As the pendency in the various high Courts is increasing, the services of specialised ad-hoc judges may be availed for effective disposal of cases and efficient dispensation of justice. This step shall help in reducing the pendency of matters before various High Courts. This could be an effective measures to reduce the pendency of matters before various High Courts.

1.3. Sections 245B to 245M: Settlement Commission – One-time settlement of disputes – No provision in the Income -Tax Bill, 2025.

The settlement commission was introduced in the year 1975 with the very laudable object. However, one of the reasons for its lack of outright success was that the Government has appointed only retired Officers to the commission. Regardless, it is desirable that the provision may be re-introduced. It will help the revenue as well as the taxpayers to settle tax disputes within a reasonable time.

1.4.   Section 257: Statement of case to the Supreme Court in certain cases – No provision in the Income -Tax Bill, 2025.

Though the Income–tax is an all-India statute, the Appellate Tribunal

sitting in a particular State is bound by the decision of the respective High Court of the particular State. It is possible that High Courts takes contrary views on the same important issue which affects a large number of assesses . In such a case, the decision of the Jurisdictional High Court will be binding bringing uncertainty in tax law. This is because two different benches of the Tribunal may have to take different stands based on the Judgements of the Jurisdictional High Courts. To avoid all these controversies, the Tribunal may be given power to refer the matter to the Supreme Court either of its own, or on an application made by the assessee or the department. If this process is followed, there will be certainty in tax law, which will also help to reduce the pendency of cases before various High Courts, and finality may be attained on some of the important issues within a reasonable time.

 1.5.    Arbitration in tax matters (Lok Adalat)

The Committee may consider the proposal of constituting a committee consisting of representatives from the legal and accountancy profession and from the tax department of the rank of Principal Chief Commissioner of Income-tax for arbitration in tax matters. The assessee may refer the matter to such committee within 30 days of receipt of the order from the Assessing Officer, and the committee should pass an order within six months from the receipt of the application. The order passed by such a committee may be made binding on both parties. To begin with the matters like technical defaults, refunds, etc., may be referred for resolution. The concept of Lok Adalat may be introduced for tax matters. The Government may consider the services of retired members of the Appellate Tribunal. The proposal will benefit the taxpayers as well as the tax department.

2. Specific suggestions on the New Income -Tax Bill, 2025

2.1.   Clause, 315. [Section 171] :Partition – Assessment after partition of a Hindu Undivided family .

When a partition of HUF takes place, the assessee has to inform the Assessing Officer to recognise the partition. There is no procedure prescribed to inform the Assessing Officer. Now the assessment is made in a faceless manner. The issue has become more complicated. There are instances where the though the application is made, no order is passed by the Assessing Officer. As there is no time limit prescribed under the Act, it is desired that a specific provision may be made in the Act itself. When an application is made by an assessee to recognise the partition, if no order is passed by the Assessing Officer within six months, it may be deemed to be accepted. It is also desirable to have specific rules for making an application for partial and total partition of HUFs.

2.2.    Clause, 390 .[Section 199] – Credit for tax deducted – Cash method  of accounting or project competition method.

When an assessee follows a cash system of accounting, there is invariably a mismatch of 26AS statement with the claim in the return of the assessee. This is because the year of deduction and the year of the income being offered for taxation may be different. For most of the assessee, the adjustments are made due to a mismatch. It is suggested that the section may state that when an assessee follows a cash system of accounting, the credit may be granted to the assessee in the year in which the income is offered for taxation, which will reduce the unintended litigation.

2.3.  Clauses, 356 to 360 .[ Sections 246A, 248] Appealable orders before Commissioner (Appeals), appeal by a person denying liability to deduct tax in certain cases.

2.3.1. All orders of the Assessing Officer may be appealable.

To avoid litigation on the issue of appealable orders, every order passed by the Income tax authority, i.e. Assessing Officer/tax recovery Officer, etc., which has the effect of adversely affecting an assessee in any manner may be made appealable before the Commissioner (Appeals). Under the present Income -Tax Act,1961 , there are a number of decisions which state that when an assessee denies his liability, it is an appealable order. Central Provinces Manganese Ore Co. vs. CIT (1986) 160 ITR 961 (SC). To avoid such a situation, an appropriate amendment may be made in the Income-Tax Bill, 2025, which will save substantial time for Revenue as well as the judiciary.

2.3.2. Remand report.

In a number of matters, before the Commissioner of Income- tax (Appeals) the assessee files an additional evidence. In such a situation, the Commissioner of Income- tax (Appeals) has to call for a remand report. It has been observed that there is no time limit prescribed for forwarding the remand report so prepared to the Commissioner of Income- tax (Appeals) . This can lead to delays in the appeal process. It is desired that a time limit for furnishing a remand report be prescribed in the Act.

2.3.3. No time limit is prescribed for either for hearing of the appeal or after hearing passing of the order.

There is no outer time limit prescribed for passing an order by the Commissioner of Income -tax (Appeals) after the hearing concludes. As per the Appellate Tribunal Rules 1963, Rule 34(5) the Income tax Appellate Tribunal has to pronounce the order within 60 days from the date on which the hearing is concluded, but where it is not practicable so to do on the ground of exceptional and extraordinary circumstances of the case the Bench shall fix a future day for pronouncement of the order and such date shall not ordinarily be a beyond a further period of 30 days and due notice shall be given to the parties concerned. It is desired that such a provision may be introduced in the Income-Tax Bill, 2025 for passing the orders by the Commissioner of Income -tax (Appeals) or any other first appellate Authority .

2.3.4. Orientation Course for Commissioner of Income -Tax(Appeals).

One will find that many of the Commissioners (Appeals) dismiss Appeals without deciding the issues involved on their merits. Various High Courts have held that the Commissioner (Appeals) have no power to merely dismiss the appeal; they have to decide issues on the merits. (CIT(Central) v. Premkumar Arjundas Luthra (HUF) (2016) 240 Taxman 133 (Bom)(HC). When an appeal is filed before the Income-tax Appellate Tribunal, the Tribunal has no option but to set aside the matter back to the file of the Commissioner (Appeals). This causes a wastage of both, resources and time. The Hon’ble Supreme Court has also held that the Commissioner (Appeals) has to deal with each and every ground raised in appeal and has to pass a speaking order. (M.P. Industries vs. UOI, AIR 1966 SC 671,  Siemens Engg. Vs. UOI, AIR 1976 SC 1785.) In many cases, the orders are not ‘speaking orders’. Therefore, when the matters are taken up before the Tribunal, the Tribunal has to set aside the matter.

Suggestions.

1. It is suggested that before posting Officers as Commissioners (Appeals), they may be requested to work as Departmental Representatives before the Income Tax Appellate Tribunal for at least six months.
2. The Commissioner (Appeals) may be trained by a Sitting Judge or retired Judge of the High Court, on the principle of natural justice, binding precedent, etc. from time to time. 

3. Clause 362 .[Section . 253] : Appeal to Appellate Tribunal.

An appeal can be filed before the Income Tax Appellate Tribunal within 60 days of receipt of an appealable order. In case of delay, the Tribunal can condone delay. In case the delay is not condoned and the appeal is dismissed . In V. K. Sreenivasan v. CIT (2013) 213 Taxman 17 (Mag)(Ker.)(HC), the Kerela High Court held that an appeal under section 260A is not maintainable against an order passed by the Tribunal declining condonation of delay. The court also observed that, even though a statutory appeal under section 260A is not maintainable against the orders of the Tribunal declining to condone the delay, the aggrieved person can probably invoke the jurisdiction of the High Court under Articles 226 and 227 of the Constitution and probably, in appropriate cases, the High Court can grant relief. To avoid litigation, an provision may be made in the Act making all orders of the Appellate Tribunal are appealable.

4. Clause , 363 .[ Section . 254(2)] – Rectification of mistake.

In an order rejecting the rectification of a mistake, there is no statutory appeal provided. An Appeal against an order rejecting the application made under section 254(2) of the Act is not maintainable. This has been held in Chem Amit v. ACIT (2005) 272 ITR 397 (Bom.)(HC), Safari Mercantile Pvt. Ltd. v. ITAT (2016) 386 ITR 4 (Bom.) (HC), CIT v. Singhal Industries (2017) 395 ITR 264 (Raj) (HC), Madhav Marbles & Granites v. ITAT (2012) 65 DTR 217 / 246 CTR 243 / 2012 Tax LR 465 (Raj.)(HC). However, in L. Shobanraj v Dy.CIT (2003) 260 ITR 155 (Karn) (HC) DCIT v. H.V. Shantharam (2003) 260 ITR 156 (Kar)(HC), the Hon’ble Karnataka High Court has taken a view that an appeal under section 260A lies against an order under section 254(2) of the Act on a substantial question of law. It is desired that the specific provision may be introduced stating that all orders of the Income Tax Appellate Tribunal is an appealable order before the High Court .

5. Clause, 363 [ Section . 254(2A)] : – Stay application.

When a stay application is rejected by the Tribunal, the only remedy is to file a writ petition before the Jurisdictional High Court. It may be desirable to provide a statutory appeal before the High Court against the rejection of the stay application by the Tribunal. Refer, Pepsi Foods Pvt. Ltd. v. ACIT (2015) 376 ITR 87 / 119 DTR 373 / 277 CTR 470 / 232 Taxman 78 (Delhi)(HC)

6. Clause, 365 .[Section . 260A] : Appeal to High Court.

An appeal to the High Court can be filed only on a substantial question of law. As per section 260B, the appeal before the High Court is to be heard by a bench of a strength not less than two judges. When a writ petition is filed against the order of an Assessing Officer or any issue on constitutional validity in Mumbai, Delhi, or Gujarat it is always heard by two judges, whereas in some of the High Courts like, Madras, Kerala etc. it is heard by a single judge and thereafter in appeal by a division Bench. To bring uniformity, it may be desirable to make an amendment in the Act stating that any writ petition against the Income -Tax Bill, 2025, should be heard by a division bench of two judges.

7.  Clauses , 361 to 364 [ Sections 252 to 255] : Appeal to Appellate Tribunal, qualification -Appeals to Appellate Tribunal, Increasing the scope of appeals to Appellate Tribunal and reducing the Writ to High Courts.

  7.1.  Appeal to Income tax Appellate Tribunal.

There are a number of orders of the Commissioners of Income-tax against which no appeal is provided. The only remedy available to the assessee is to file a Writ Petition before the High Court. E.g. orders under section 264, 273A, waiver of interest charged under sections 234A, 234B, and 234C, orders under section 179, denial of approval u/s. 10(23C) and other approvals by the Chief Commissioner, denial of condonation of delay in filing various forms, etc. A simple amendment in the Income-tax Act may be made stating that all orders of the Chief Commissioner or, Commissioner are appealable to the Tribunal. This would save substantial time for the High Court and the taxpayers would get speedy justice from the Tribunal.

Click here to Pendency before ITAT

Click here to Pendency before CIT(A)

7.2.   Appointment of members on a tenure basis.

The Income Tax Appellate Tribunal cannot be compared with the other Tribunals. Hence, the appointment of members of the Income tax Appellate Tribunal on a tenure basis may not be made applicable to the appointment of members of the Income Tax Appellate Tribunal. As we are introducing he new Income tax Act, the old provision of appointment of the members of the Income tax Appellate Tribunal regular basis may be reintroduced . The Income tax Appellate Tribunal Bar Association Mumbai and the All India Federation of the Tax Practioners have made detailed representation to the Honourable Finance Minster and Honourable Law Minister from time to time , the said representations may be considered

Click here to representation of ITAT Bar Association 

Click here to Blog posted on April  26 , 2024 

4. Certain administrative measures may be desired for better implementation of the New Income-tax Bill, 2025, and to achieve the desired objective of simplification of tax law and tax administration.

4.1.    Pendency of prosecution before various Courts across the Country.

Tax prosecution matters have been pending for disposal for more than 20 years across the country. The need of the hour is the quick disposal of the matters. The CBDT may have to constitute a committee of experts to find out the reason for delay in the disposal of matters and what remedial action may be desired.

 4.2.   Independent grievance Committee – Trust Deficit:

There is a trust deficit between the taxpayers and the tax administration. The Constitution of India is the supreme law of the land in our country. One of the most important provisions of the Constitution of India is Article. 265, which provides that “No tax shall be levied or collected except by authority of law”. The collection of taxes has to be within the framework of law. The CBDT Circular No. 14 (XL-35), dt. 11/04/1955 states that a duty is cast upon the Assessing Officer to assist and aid the assessee in the matter of taxation. Assessing Officers are supposed to advise the assessee and guide them, and not take advantage of any error or mistake committed by the assessee or of their ignorance. The function of the Assessing officer is to administer the statute with solicitude for the public exchequer with an inbuilt idea of fairness to taxpayers. In practice, the intention of the circular is not implemented. It is desired that there has to be an independent committee to consider the various grievances of the taxpayers, and the said committee should be able to direct the officer concerned to act upon within a specified period. The confidence of the taxpayers in tax administration will increase, and voluntary compliance will increase.

4.3.    Nodal Officer

The regime of faceless assessment and faceless appeals have helped taxpayers. There are instances where refunds of tax are received within a day of filing the return. The initiative of the Government deserves to be acknowledged. However, there are a number of issues for which taxpayers are not able to get guidance from the tax administration. Many senior citizens are not well-versed in the computer system. It is desired that the Tax department can appoint a nodal officer whom the assessee can contact and get clarification.

4.4.    Tax Service and not collection.

It is desired that the mindset of the tax administration officials may be changed to the concept of ‘tax service’ rather than ‘tax collection’. For example, if a senior citizen is not able to contact tax officials due to ill health, the tax officials may visit his/her place and try to solve the difficulties in filing of return, not getting refunds, etc. In earlier days, the Chief Commissioner of Mumbai used to have meetings with the high taxpayers and interact with them about the difficulties faced by them in the course of assessment, refunds, etc. These initiatives will help with better compliance.

4.5.    Major Amendments in tax laws should be made only once in five years.

The Finance Bill of every year should deal with the rates of taxation, and certain clarification or simplification may be made, however, major amendments should be made only once in 5 years. Mr.Palkhivala, in his article titled “ The Maddening in the stability of Income Tax Law” (Source ITAT , 1941 -1991, Golden Jubilee Souvenir ) stated that “ Simple provisions like Sections 11 to 13 ( Which deal with exemption of the income of charitable Trusts ) have suffered no less than fifty amendments).

Click here to The Maddening in the stability of Income Tax Law

Honourable sir, it is due to frequent amendments that the Income –Tax law has become more complicated. We therefore suggest that, major Amendments in tax laws should be made only once in five years. We also suggest that no retrospective amendment is desired unless to overcome the difficulties faced by the tax payers.

4.6     Independent Committee to suggest amendments to tax laws.

There may be an independent Committee constituted consisting of  representatives from the profession, tax administration, taxpayers, etc., to go into details of various suggestions received from various bodies. This should suggest amendments after examining these suggestions in detail which should be made public for debate. Only then should the amendments be introduced. If this process is followed, we are of the considered view that 90% of tax litigation will be reduced automatically. Hon’ble Sir, these suggestions are made objectively to have better tax law and tax administration for our country. I hope that they are considered as my small contribution in the noble endeavour that this Hon’ble Committee has embarked upon.

Jai Hind!

Thanking You

We are pleased to acknowledge that your honour has served this great institution of the Income Tax Appellate Tribunal (ITAT) for 23 years with extraordinary dedication, a paragon of integrity and a judicial mind of exceptional insight.

We had the fortune of appearing before your honour in a large number of matters at ITAT Mumbai. It was a great privilege to appear before your honour.

One of the great qualities of a judge your honour possesses is granting a patient hearing. Whether a junior or senior representative would appear, your honour used to hear the cases very patiently and pass the order incorporating all the submissions made by both sides.

The Tax Bar is always impressed by the great quality of your honours with the in-depth knowledge of general law, tax laws grasping of the issues involved and justice to the assesses. Your honour has authored many landmark judgements which will be remembered as precedents in the years to come. The gist of a few important landmark case laws authored by your honour is published in itatonline.org. In Evershine Recreation Private Limited v. DCIT (2023) 107 ITR 65 (SN) (Chd)(Trib) www.itatonline.org dealing with the issues on reassessment your honour has written a detailed order of 359 pages dealing with all the issues on re-assessment. Professionals are referring to the said decision as a guide to reassessment proceedings.

Honourable Sir, we would like to extend our heartfelt gratitude to your Honour for the character, integrity, courage, learning and judicial dedication with which Your Honour has served this great institution of ITAT.

Your Honour will be remembered as a role model to Honourable Members of the ITAT in the years to come and above all, a truly remarkable human being, and we had the fortune of interacting with your honour.

Your Honours’s contribution to ITAT and the legal community will remain with us for many years to come.

Honourable Sir, I, on behalf of the members of the Tax Bar, wish your honour all the best on the superannuation on 5^th November 2024 and pray that the Almighty God continue to bless your honour for the rest of your life.

From

Dr. K. Shivaram,

Senior Advocate.

Dr. K. Shivaram  Senior Advocate.

Income-tax Appellate Tribunal (ITAT) – Appointment of the Honourable Members of the ITAT on a tenure basis of four years and proposed Faceless hearing before the ITAT  will destroy the fabric and independence of the institution- Tax Bar Associations across the country have to join together and make a Representation to the consideration of the Honourable Prime Minster of India to bring the status of the appointment of Honourable Members of the ITAT  as it existed before 2017.  

The Income -Tax Appellate Tribunal ( ITAT)  which was established on January 25, 1941, and has completed its 83 years of existence and is considered one of the finest institutions of our country. The ITAT is considered as the Mother Tribunal and as a role model to the establishment of other Tribunals across the country. One of the reasons for the success of the ITAT is the manner of appointment of the Hon’ble members of the ITAT.

In the year 1941 when the ITAT was established, the tenure of the Honourable Members who were appointed was for five years, and the sitting judges were also appointed as members of the ITAT. However, when the number of litigations increased, more benches were constituted, and then the legislature with effect from February 25, 1950, amended the process of the appointment of members permanently till the time of their retirement. The retirement age was initially 60 years and thereafter it was increased to 62 years and the retirement age of the Hon’ble President was 65 years. In a conference held in Mumbai in the year 2006, the then Honourable Law Minister H. R. Bharadwaj stated that he was in favor of increasing the age limit of all members to 65 years.

When the ITAT completed its Silver Jubilee, in year-1996, (25 years ) Ruby Jubilee in the year 1981, ( 40 years )  Diamond  Jubilee in the year  2001(50 years ), and Platinum Jubilee in the year 2016  (75 years ) all stakeholders including the legislatures and Judiciary appreciated the functioning of the ITAT. The then Honourable Union Law Minister  Shri H.R.Gokhale  ( Lok Sabha debates  – 18^th  Session ) on the Constitution (42nd  Amendment Bill ) stated as under ;

“ I have got an example of the Income-tax Appellate Tribunal. We have judicial members, we have accountant members. The Tribunal is functioning extremely well and even those people who have gone before the Income-tax Appellate Tribunal have told me and have spoken on the public platform that the Income-tax Appellate Tribunal as it is constituted today, is the best example to show how the tribunals if properly constituted, can create confidence. I can say that the income-tax Appellate Tribunal’s decisions are rarely interfered with by the High Courts and the Supreme Court   because the quality of their work is sufficiently good as to inspire confidence .”

(Source Members conference  -29-10- 1977 )  (Fine Balance   2017, P. 431)    

A thought for debate is why suddenly changes are made in the process of appointment of the Honourable members of the ITAT   in the year 2017.?

In the year 2017, the Ministry of Finance introduced section 184 of the Act and introduced the concept of Members on a Tenure basis. The only reason given for doing so was to bring uniformity in appointing the members of the various Tribunals functioning in the country. The ITAT Bar Association Mumbai, All India Federation of Tax Practitioners, and tax professionals across the country had sent detailed representation to the Ministry of Finance and Ministry of Law urging them to drop the proposals as regards the appointment.

Despite various representations without allowing hearing to the stakeholders, the law is implemented. The members of the Tax Bar Associations across the country are of the considered opinion that if the appointment of the Members of the ITAT is continued on a tenure basis of four years and if the faceless hearing is introduced it will destroy the fabric and independence of the institution of the ITAT which was established on 25 th January 1941. The brief reasons are as under:

1. Final fact-finding Authority

The ITAT is the final fact-finding authority under the Income-Tax Act and an appeal can be filed to the High Court only upon a substantial question of law or if the order of the Tribunal is perverse. In the High Court appeals filed in the year 2003 are still pending for final hearing despite the best efforts made by the Bombay High Court to dispose of a large number of tax matters. Tax Bench Headed by Honourable Justice Mr. K.R. Shriram in the last two years has disposed of more than 10,000 tax matters, however, due to a shortage of Judges most of the High Courts are not able to dispose of the regular Income tax appeals.  On reading the reported judgments one can realise why so many writ petitions are filed before various High courts. From the assessee’s point of view due to one wrong order of the ITAT, it will take 20 years to get it corrected by the High Court.

2. The Income-tax Act, of 1961 refers to 106 Central Acts and various State Legislations and frequent amendments.

 The Income-tax Act, of 1961 is the only legislation of our Country that refers to 106 Central Acts and various State Legislations. If one looks at the development of Hindu Law, the Transfer of Property Act, of 1882, the Indian Trust Act, of 1882, the Negotiable Instruments Act, of 1881, the Companies Act, of 2013, the Indian Partnership Act, of 1932, the Limited Liability Partnership Act, 2008, Trade Marks Act, 1999, Copyright Act,1957, Indian Trusts Act,1882, Indian Contract Act, 1872, Sale of Goods Act 1930, etc, in addition to Constitution of India, issues under personal laws including Succession and Marriage Acts have to be also adjudicated while dealing with taxation matters. One has to consider the situation of a member appointed on a tenure basis at the age of 55, will they be able to study and decide issues arising in such complicated law? Normally it is seen that it takes nearly four to five years to understand the complicated issues of taxation. A member who has not seen the Income Tax Act till the age of 55 years,   will they able to decide the very complicated issue of taxation. 

3. Double taxation agreements.

 India has double taxation agreements with more than 100 countries. Understanding the intricacies of international taxation and transfer pricing requires a deeper study of not only income tax law, accounting, and international taxation. At present, most of the matters relating to International Taxation are headed by the Hon’ble member who has served more than 15 years as a member of the ITAT. The quality of judgments of the ITAT on International Taxation is appreciated across the world.  Consider a situation where a person has not read the Double taxation agreements, if he is asked to decide the very complicated issue of interpretation of the Double Taxation avoidance agreement, a person who has joined at the age of 55 will find it difficult to adjudicate such a complicated issue.

4. Revenue is litigant either as an appellant or respondent.

Before the Income Tax Appellate Tribunal, in all the appeals, the revenue is a litigant either as an appellant or respondent. Therefore, the functioning of the Income Tax Tribunal cannot be compared with other Tribunals. When a Member decides on a tax matter, if his term is to be renewed by the committee appointed by the Govt., they may lean in favour of the Revenue due to fear that if they decide against the Revenue, their term may not be renewed further. This will affect the impartial justice delivery system.

5. Honourable Members of the Income Tax Appellate Tribunal.

The sanctioned strength of the members of the ITAT is 126 members. The ITAT has at present 115 members.  Few of the Honourable Members have been in service for more than 15 to 20 years, they can guide the newly appointed Honourable members, the convention of the ITAT, and the quality of the orders to be passed. One will find at present  59 members are appointed on a tenure basis. One is not sure how many will be reappointed. Earlier, judicial and accountant members could be appointed with 10 years of practice.  In the years 2024 and 2025, more than 12  members will retire who have been appointed regularly. It seems about  20 Honourable Members have been appointed on a tenure basis their term will be ending in the year 2025. Thereafter it may be very challenging for the Honourable President of the ITAT to manage the functioning of the ITAT. In some of the stations, only members having less than 5 years’ experience may have to decide all important issues that may be affecting all stakeholders across the country.  If one bench decides on a question law it is binding on all benches across the country. Imagine a situation where a bench in a remote part of our country decides a question of law that will bind across the country till it is reversed by the High Court. At present the members are posted in such a way a senior member and a junior member are appointed. One has to imagine a situation when all members are less than four years old, who will head the bench, and how the bench will get the guidance of the senior members. Our considered view is that the entire system will collapse due to non-availability of the guidance by senior Members of the ITAT.

6. Single Member.

At present as per section 255 (3) a single member can decide if the issue involved is less than Rs. 50 lakhs. As we understand, the member should have been in service for at least five years. After a few years, no member of the ITAT may have more than five years of experience hence there will not be an issue with the functioning of the Single-Member Bench.

7. Members are eligible to be appointed only after attaining the age of 50 years.

As per the proviso to section 3(1) of the Tribunal Reforms, Act, 2021, members are eligible to be appointed only upon attaining the age of 50 years. A professional who is in his prime year of the practice may not be interested in joining the bench when he /she is not sure whether he /she will be reappointed.

8. Once appointed as a member, he/she is not eligible to practice anywhere in India before the Income Tax Appellate Tribunal.

According to Rule 16 (2) of the Tribunal (Conditions of Service) Rules, 2021 once a professional is appointed as a member he /she is not eligible to be posted in a place where he/she is practicing. After four years if he is not reappointed he is not eligible to practice anywhere in India before the ITAT across the Country.

The Honourable Members who have been appointed on a tenure basis if they are not reappointed should challenge the said rule as unconstitutional.

9. Faceless Appellate Tribunal.( Introduction of an appellate system with dynamic jurisdiction- Eliminating the interface between the Appellate Tribunal and parties to the appeal in the course of appellate proceedings. )

Under section 86 of the Finance Act, 2021, an amendment was carried on to section 255 of the Income-tax Act (“the Act”) to bring in new sub-section (7), (8), and (9) with effect from April 01, 2021. The amendment proposed to replace the existing tribunal with the “National Faceless Income Tax Appellate Tribunal Centre”. The amendment proposes to change the current mode of physical hearing to a virtual faceless hearing thereby eliminating the interface between the appellants.

The provision relating to the Faceless Appellate Tribunal was introduced in the year 2021. The ITAT Bar Association Mumbai, All India Federation of Tax Practitioners, and stakeholders across the country have objected to the introduction of a faceless Appellate Tribunal. In the Finance Act, 2024 it is postponed by one more year. We are of the considered opinion that the Faceless Tribunal will not serve any purpose, on the contrary, there will be more writ petitions before the High Court against the orders of the Tribunal across the country. The dialogue between Bar and Bench is very necessary to understand and decide the question of fact and law. Not allowing a hearing may be against the basic structure of the Constitution in the justice delivery system When the system has been working very well for more than 83 years why the change is needed and what purpose it will serve to the honest taxpayers?

10. We appeal that in the interest of the Institution.

• Section 252A of the Income-tax Act, as inserted by Finance Act, 2017, may be omitted; or
• The provisions of part XIV of Chapter VI of the Finance Act, 2017, may not be made applicable to the ITAT.
• The Members of the ITAT may be appointed with the same terms and conditions as were prevalent earlier.
• The retirement age limit of Members of the ITAT may be made the same as that of the President of the ITAT.
• The proposed provision relating to the faceless Appellate Tribunal may be deleted.

 Conclusion:

Vision of the Hon’ble Prime Minister Shri Narendra Modi for the year 2047

Honourable Prime Minister Shri Narendra Modi has a great vision for our country. We have the duty and responsibility to support the vision of the Honourable Prime Minister of India. One may have to bring to the consideration of the Hon’ble Prime Minister of India that, on the occasion of the Platinum Jubilee Celebration of the ITAT in the message dated January 13, 2016, his excellency President of India Honourable Shri Pranab Mukherjee in the message stated as under:

“Over the last more than seven decades, the Income Tax Appellate Tribunal has shown exemplary diligence in dealing with intricate domestic as well as international taxation issues and rendering decisions which balance the interests of the taxmen and citizens. The Tribunal has been adjudicating disputes in the field of direct taxes fairly and impartially. It has been discharging its functions not only to the satisfaction of the Executive but also that of the taxpayers at large”

Then Law Minister Honourable Shri Arun Jaitley, in his message dated January 14, 2016, stated as under:

“Income Tax Appellate Tribunal has conducted itself in an unbiased and fair manner in the discharge of its duty of adjudicating disputes under direct tax laws, and is held in high esteem by the taxpaying fraternity as well as Revenue Department”

One failed to understand what made the legislature make drastic changes in the appointment of the Honourable Members of the Income Tax Appellate Tribunal.

If the law relating to the appointment of the Honourable Members of the ITAT is not brought back to them as it was earlier it may cause irrecoverable loss to the honest taxpayers of the Country. We appeal to the stakeholders and people who are concerned with saving the ITAT may attempt to bring it to the notice of the Hon’ble Prime Minister of India. We are very confident that the Hon’ble Prime Minister will take a very positive step in the interest of the Institution and Nation. We appeal to the Honourable Prime Minister of India, to please listen to the Tax consultants across the country who appear regularly before the ITAT and the stakeholders, and thereafter if the reasons are not satisfactory bring the law.

The ITAT Bar Association is proposing the make a detailed representation of the two issues referred above to the consideration of the Honourable Prime Minister of India. We appeal to all stakeholders who are concerned with the functioning of the ITAT  to share their views or send their views by email to,  itatonline.manager@gmail.com   so that the ITAT Bar Association Mumbai can make an effective representation in the interest of the Institution which is considered as Mother institution of our country.

Jai Hind.

26^th April, 2024

From the desk of the Editor-in-Chief

A Tribute to Late Shri Narayan Varma
A great visionary of the tax profession

My Senior, Late Shri V. H. Patil Advocate had encouraged me to write for the Bombay Chartered Accountant’s Journal (BCAJ). I had the fortune of contributing to the BCAJ since 1984, when Shri Shyam Argade, was the editor. Later on I used to contribute to the subject of unreported judgments of the Bombay High Court, Special Bench cases, etc. It was a great rewarding experience to attend yearly meeting of the Journal committee of the BCAS and listen to the new ideas by the editors and other members of the journal committee.

Late Shri Narayan Varma was one of the great visionaries of the tax profession who used to share several new ideas for Professional Organisations, Journals, Seminars, etc. I had the fortune of associating with Shri Narayan Varma in the educational activities of the Bombay Chartered Accountants’ Society, the Chamber of Tax Consultants, and public interest litigation relating to taxation matters. It is Shri Narayan Varma who inspired me to start “Allied Laws” as a new regular feature for the BCAJ.

In April 1996, with my friend Mr. Chetan A. Karia, Chartered Accountant, we co-authored the first feature. Ever since, with the help of my associates, our chamber has contributed to the feature regularly.

This feature on “Allied Laws” is drawn from referring to the All India Reporter (AIR), Supreme Court cases (SCC), Customs and Central Excise Times (Now known as GST Law Times), Sales Tax cases (STC) (Now The Goods and Service Tax Reports (GSTR) and many more journals.

I must acknowledge that the support of my professional colleagues,
Mr. Chetan A. Karia, Chartered Accountant, Mr. K. Gopal Advocate,
Mr. Reepal Tralshawala Chartered Accountant, Mr. Ajay R. Singh Advocate, Mr. Shashank Dundu, Advocate, Mr. Rahul Hakani, Advocate and Mr. Shashi A. Bekal, Advocate, who have from time to time, shared the effort in ensuring timely and regular contribution to the feature “Allied Laws”. The Journal Committee and Editorial team of the Bombay Chartered Accountants’ Society (BCAS) have always added value with their regular inputs for the feature.

Chartered Accountants have domain knowledge of business and accounts and are recognised as experts in the field. Tax Laws do not stand in isolation from other laws and it does not operate in a vacuum. Certain enactments like the General Clauses Act are laws that apply to all enactments of the Legislature. Then there are commercial laws like the Companies Act and, the Indian Contract Act, which will have a direct bearing on a commercial transaction. There are also enactments to which reference is made in the Tax Law itself, as Legislation does not re-enact the same provision again. To top it all, the Rules of Interpretation of Statute, are secular in the sense the Rules will apply equally to interpret an enactment, irrespective of its subject. Therefore, it can be said that general law is the backbone of tax and legal practice.

This publication will serve as a guide and reference to Chartered Accountants in their day-to-day practice. Case laws on general law help the chartered accountants, lawyers, and tax practitioners to be better equipped for representation as well as advisory services. One will find most of the tax journals have now started digesting important judgments on allied laws.

The idea of publishing a publication on “General Laws” was discussed a few years back when I had a discussion with Shri Deepak R. Shah, Chartered Accountant and Past President of the BCAS who has shown a positive response and he had discussed with then President and Chairman of the Publication Committee of the BCAS who then agreed to the proposed publication. I discussed this with Mr. Pradip Kapasi, Chartered Accountant, Past President of the BCAS, and one of my close friends who has supported this publication. When I discussed with my associates who were contributing to Allied Laws, all of them agreed to be part of this prestigious project. Senior members of the profession and my close associates in the profession have agreed to spare their time for editing the publication. They have edited the contents of this publication and added value to the publication. It is due to the great teamwork of the research team and editorial team we were able to bring out this publication.

I owe a lot of gratitude to the BCAS, its past presidents and especially my friend Shri P. D. Desai who gave me the opportunity to deliver a lecture at BCAS’s forum.

I was pondering on the idea of giving back to the BCAS and its members. The idea came to me to come out with a publication on General Laws relevant to Direct Tax as a tribute and in remembrance of the Late Shri Narayan Varma.

This publication will be a useful reference to chartered accountants, lawyers, and tax consultants who practice exclusively on tax laws. This publication will be very useful to all who desire to know about legal issues relating to various acts such as succession, will, nomination, registration, etc. and many other acts.

In this publication, 75 Acts and 924 cases relevant to Direct Tax practice have been discussed. The Research team has digested section-wise, the important case laws on respective Acts. It is a matter of pride that the publication is a joint effort of leading tax professionals. Twelve senior members have edited research material gathered and digested by sixteen professionals. All of them have spared time from their busy schedule.

In my 45 years of practice, I had the opportunity to associate with the BCAS and I must acknowledge that BCAS is one of the finest organisations. The members are dedicated to the professional cause and the BCAJ is a must for every professional who practices on direct and indirect taxes.

This publication is possible due to the support of Mr. Chirag Doshi, President and Past Presidents Mr. Mihir Sheth, Mr. Anil Sathe, and the positive support of Mr. Deepak R. Shah, Past President of the BCAS and convenors Mr. Shashi A. Bekal, Advocate and Ms. Divya Jokhakar, Chartered Accountant. Special Thanks to Ms. Neelam Jadhav, Advocate who has devoted time in preparing the subject-wise index which is very useful to readers.

There is constant change in the law, what we consider today may not be good law tomorrow. I feel that this publication may have to be revised at least once in five years.

We look forword to the valuable suggestions of the readers of this publication.

Dr. K. Shivaram
Senior Advocate

[Source : Bombay Chartered Accountant Society Publication 75 Laws Relevant to Direct Taxes]

Hon’ble Chief Justice Dr. D.Y. Chandrachud is a great visionary, crusader of Justice and a champion of the Constitution. Lordship will make a sincere attempt to reduce the pendency of tax matters which are pending before Hon’ble Supreme Court and various High Courts. Hon’ble Justice Dr. D.Y. Chandrachud always believed that it is the law students who will be the guardian of our democracy and b more women judges are required to be appointed in the judiciary.

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