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 …
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Category: judiciary
Foundation day
January 25, 2023 will mark the 82nd Foundation Day of the Income-tax Appellate Tribunal (ITAT), the Mother Tribunal of our country. ITAT is one of the oldest Temples of Justice in our country. Older the temple, the greater is its sanctity and reverence. It is the strong foundation of this great institution which has made possible for it to retain the glory as one of the finest institutions of our country
A Tax judge, a Jurist and a Visionary – The Tax Bar’s best wishes
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
The Curious Case Of The Tribunals: One Of The Finest Institutions Of The Judiciary Will Suffer On Account Of The Tribunals Reforms (Rationalisation And Conditions Of Service) Ordinance, 2021
Dr. K. Shivaram, Senior Advocate, has pointed out that the Ordinance defeats the decision of the Supreme Court in Madras Bar Association vs. UOI which inter alia held that advocates with experience of at least 10 years are eligible for appointment as Judicial Members in the ITAT. He has also pointed out that the terms of the Ordinance are such that many Advocates or Chartered Accountant will not be inclined to apply for the post of Members of the ITAT. This will have a detrimental effect on the ITAT. The Ld Advocate has suggested that the entire issue may be reconsidered by the Govt
Tax Practitioners From Across The Country Salute The Income Tax Appellate Tribunal
Tax Practitioners from across the country salute the Income Tax Appellate Tribunal oldest Temple of Justice, which is considered as Mother Tribunal in India, on completion of 80years of its purposeful existence and wishes that the Income tax Appellate Tribunal retain its glory as one of the finest Institution of our Country for years ahead (25-1-1941 to 25-1-2021) – Whether faceless appeals proposed by the Hon’ble Finance Minister in the Finance Bill 2021, before the Income Tax Appellate Tribunal will inspire the confidence of the Tax payer?
Vision 2022: Expectation Of Stakeholders From The ITAT
Dr. K. Shivaram, Senior Advocate, has made the fervent appeal, on the auspicious occasion of the 80th Foundation Day of the ITAT, that all stakeholders, namely, the Tax Bar, the Ld. Members, the CBDT etc, shoud collectively make an honest attempt to maintain and preserve the glory of the ITAT as one of the finest institutions of our country. The Ld. Advocate has systematically set out the precise expectations and obligations of each stakeholder
Honouring the Honest Is A Game Changing Fiscal Policy But The Dept Has To Satisfy At Least 10 Expectations Of High Tax Payers To Eliminate The “Trust Deficit” Between Itself & The Taxpayers
Dr. K. Shivaram, Senior Advocate, has lauded the recent philosophy of the Income-tax Dept of “Honouring the Honest“. He has described it as a “Game Changing Fiscal Policy“. He has advised that the tax administration has to make sincere efforts to satisfy at least 10 expectations of high tax payers. He has opined that this will be a way forward to eliminate the so-called “Trust Deficit” between the Tax Department and the Asseessees
The ITAT Will Have To Conduct A Mix Of Virtual Hearings And Physical Hearings
Dr. K. Shivaram, Senior Advocate, has pointed out that the stakeholders in the ITAT will have no option but to adapt to a mixture of virtual and physical hearings, in order to dispose off appeals and do justice. The ld. author has offered valuable suggestions on how the challenges can be overcome and the task achieved with least hardship to all concerned
The Silver Lining During Lockdown
Dr K. Shivaram, Senior Advocate, has lauded the Income tax Appellate Tribunal and the Tax Professionals for playing a proactive role during lock down by organising Webinars on several subjects which have helped tax practitioners to better their understanding on various issues. He has pointed out that this salutary practice has also helped them to do away with negative thoughts that set in as a result of the Lockdown
The Finance Bill 2020: Nani Palkhivala Rightly Called The Income-tax Act “A National Disgrace”
Dr. K. Shivaram, Senior Advocate, has pointed out that the lament by Nani Palkhivala several decades ago regarding the ‘maddening instability‘ of the Income-tax Act and it being a “national disgrace” holds good today as well as is reflected by the numerous amendments ushered in by the Finance Bill 2020. Some amendments are ill-thought of and have led to enormous confusion and anxiety amongst taxpayers. Also, the non-allocation of funds to the Judiciary shows a lack of seriousness regarding the massive backlog of cases in Courts. The learned author has also made valid points regarding the ‘Vivad Se Visvas’ scheme and other proposals in the Budget