Author: admin

Forget ‘Ease Of Doing Business’: It Will Take At Least 23 Years To Settle Your Tax Dispute!

Dr. K. Shivaram, Sr. Advocate, has expressed shock that the Government’s promises of ushering in ‘ease of doing business’ is proving to be nothing more than empty rhetoric. He has revealed startling facts that the vacancy in tax judges will take 15 years to be filled up and that tax disputes will take at least 23 years to be resolved. He has offered practical suggestions about how the Government can speedup the process of resolving tax disputes, if it is really inclined to do so

Dear ITAT Admin, Wake Up & Shake Off Your Apathy

Dr. K. Shivaram, Senior Advocate, is distraught at the blatant disregard by the Government towards the welfare of the ITAT. He has revealed shocking facts about how the Govt has acted in defiance to the directions of the High Court

Independence Of ITAT Is Under Threat. We Have To Save It: Tax Lawyer

Dr. K. Shivaram, Senior Advocate, has referred to a number of recent incidents which show that the ITAT is no longer as independent as it used to be in the past. He warns that if the ITAT loses its independence, taxpayers will lose confidence in the institution and this will have a debilitating effect on the administration of justice. He has called upon the Tax Bar to rise to the occasion and save the ITAT from Governmental interference

Appointment Of Tribunal Members Rules 2017 – A Veiled Coup By The Executive Over The Judiciary? A Long Legal Battle Ahead!

Dr. K. Shivaram, Senior Advocate, has sent the grim warning that new terms of appointment and removal of the Tribunal Members does not auger well for the independence of the institution. He says that as the Government is the biggest litigant, its role in appointing and removing Members will play havoc with the free working of the judicial mind. Members may be wary of taking bold decisions against the Government for fear that there will be retaliatory punishment in the form of dismissal from office or non-renewal of the tenure

Can A Judge Appointed President Of The ITAT Do Judicial Work Of Hearing And Deciding Appeals?

The learned author has raised the seminal question whether if a judge of the High Court is appointed President of the ITAT, he constitutes a “Member” and has the jurisdiction to hear and decide appeals u/s 252 and 255 of the Income-tax Act, 1961. He has argued that such a President is restricted to doing administrative work and has no jurisdiction to do judicial work

Important Case Laws Relating To Taxability Of Black Money (Demonetisation) & Levy Of Penalty Thereon

Advocate Neelam C. Jadhav has prepared a compilation of important judgements relating to the taxability of unaccounted black money deposited in bank accounts in the wake of demonetisation. The compilation of judgements will prove invaluable to tax professionals and tax payers in the wake of the heavy litigation between the tax payers and the income-tax department that is likely to ensue shortly

War Against Corruption And Black Money – Tax Professionals Must Support The Govt

Dr. K. Shivaram, Senior Advocate, has hailed Demonetisation as a great move and a bold step to reduce the black money circulation in our country. He has called it a “War against corruption and black money” and opined that the

Non-Appointment Of Vice-Presidents & Proposed Merger With Other Tribunals Spells Doom For The ITAT

Dr. K. Shivaram, Senior Advocate, is upset at the inaction of the Government in appointing Vice-Presidents to the ITAT. He explains that this inaction demoralizes the hardworking Members of the ITAT and robs them of the prospects of promotion. The author has also expressed grave reservations at the proposal of the Government to merge all the Tribunals into one body. He explains that the proposal is ill-conceived and has been mooted without paying regard to the specialized knowledge that is required to decide complex income-tax cases

Dear Income-Tax Dept, Please Inform Us Of The Remedial Measures Taken By You Pursuant To Directives And Strictures From Courts

Dr. K. Shivaram, Senior Advocate, points out that while Courts are dutifully issuing directions and strictures with the sincere objective of putting the income-tax department on the right path, there is no feedback from the department as to whether these

Dear NAMO, Walk The Talk – Here Are 20+ Steps To Deliver Tax Nirvana To Citizens And Foreign Investors

Prime Minister Narendra Modi and Finance Minister Arun Jaitley spare no opportunity to talk about how to intend to usher in a “transparent, stable and predictable” tax regime. However, there is a big disconnect between the high-sounding words and the reality at the ground level. The author has put together a simple and easy-to-follow guide for the law makers to implement if they are really serious about bringing about radical and structural changes to the taxation regime of the Country

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