Year: 2009

The Central Board of Direct Taxes withdraws Circular No 23 dated 23rd July, 1969, Circulars No. 163 dated 29th May, 1975 and No. 786 dated 7th February, 2000.

Hearing of all matters, in which Special Bench decision in the case of Daga Capital Management Pvt.Ltd. is sought to be reviewed by the assessee, should not be heard and blocked upto January, 2010 or till the disposal of the matter by the Bombay or any other High Court, whichever is earlier.

The jurisdiction of Commissioners of Income-tax (Appeals) in the Income-tax department, Mumbai, has changed with effect from 1st September 2009. The relevant details are available in the attached file.

We are greatly shocked and concerned to know that the Government has proposed changes in the rules concerning appointment of Members of the Income Tax Appellate Tribunal [‘I.T.A.T.’]. Among others, a proposal is to appoint Members of I.T.A.T. only for a limited tenure of 5 years, at a time, on contract basis. The Association strongly disapproves of such a regressive
move since such proposal will severely affect independence of the Members so appointed. The Association strongly opposes such a proposal which affects the independent judicial functioning of the I.T.A.T.

Vide order dated 1st September 2009, the following Hon’ble Members have, in pursuance of the consultations of the collegium of the I.T.A.T. consisting of the President and two senior-most Vice-Presidents, been transferred, in the same capacity, to the Benches of the Tribunal as shown against their names with effect from the afternoon of 11th September, 2009.

Hon’ble Shri. Mansoor Ahmed Bakshi, Vice President, Mumbai Bench, shall retire on 2nd September 2009. In his honour, the Bar Association has arranged a Full Court reference on 2nd September.

 

Shri. Bakshi, BA, LLB, practiced as an advocate / tax consultant for 19 years in the Jammu & Kashmir High Court prior to his elevation to the Bench on 29th June 1989. Apart from the Mumbai Bench, Shri. Bakshi has served as Vice President of the Ahmedabad, Kolkota and Chandigarh Benches of the Tribunal.

 

Hon’ble Shri. M. K. Chaturvedi, JM, Vice-President, Chennai Zone has been appointed administrative Member of the Central Administrative Tribunal, Guwahati Bench.

 

Shri. Chaturvedi has been party to several landmark judgements such as Walkeshwar Triveni 88 ITD 159 (Mum) (SB), Kwality Milk Foods 100 ITD 199 (Che) (SB), Rogini Garments 108 ITD 49 (Che) (SB) among others.

 

To fill the vacancy, Shri. Pradeep Parikh, AM, Vice-President, ITAT, Hyderabad Zone has been transferred to the Chennai Bench in the same capacity.

 

Shri. P. P. Parikh practiced as a Chartered Accountant in Ahmedabad from 1975 to 1994 till his elevation to the Bench on 24.05.1994.

 

Shri. Parikh has been party to several landmark judgements such as R. M. Valliappan 103 ITD 63 (Che) (SB), Narang Hotels 74 ITD 190 (Mum) (SB), Smt. Mahesh Batra 95 ITD 152 (Asr) (SB) among others.

 

We wish both Hon’ble Members good luck in their new postings.

The Direct Taxes Code Bill 2009 & Discussion Paper released by the Ministry of Finance today is available: The salient features of the Direct Taxes Code 2009 is also gi

Hon’ble Shri R. P. Garg, Sr. Vice President, Delhi Bench retired on 6th August 2009. A full court reference in his honour was held by the Delhi Bench of the Tribunal. Shri. Garg has been party to several landmark judgements such as ABN AMRO 97 ITD 89 (Cal) (SB), Gujarat Gas 115 ITD 218 (Ahd) (SB), Ashima Syntex 100 ITD 247 (Ahd) (SB) among others. We wish the Hon’ble member good luck in his new endeavours.

Local postings & transfers of Commissioners of Income-tax