Accordingly, w.c.f. 1.4.1988, the settled position is that if the assessee deposits any sum payable by it by way of tax, duty, cess or fee by whatever name called under any law for the time being in force, or any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity fund or any other fund for the welfare of employees, on or before the ‘due date’ applicable in his case for furnishing the return of income under section 139(1) or the Act, no disallowance can be made under section 43B of the Act

The CBDT has issued a press release dated 17.12.2015 stating that section 195 of the Income-tax Act (‘the Act’) empowers the Central Board of Direct Taxes to capture information in respect of payments made to non-residents, whether chargeable to tax or not. Rule 37BB of the Income-tax Rules has been amended to strike a balance between reducing the burden of compliance and collection of information under section 195 of the Act

The CBDT has issued Notification No. 90/2015 F.No. 142/7/2014-TPL dated 14.12.2015 by which it has amended the Safe Harbour Rule specified in Rule 10D(2A) and specified the information and documents required to be maintained by an eligible assessee

The Central Bureau of Investigation (CBI) has made the grim announcement that a high-ranking Joint Commissioner of Income-tax in Mumbai has been arrested for demanding and accepting a bribe of Rs. 5 lakh from a real estate developer for not initiating action and ‘settling’ an income tax matter. The officer was earlier accused by the authorities of not only “causing loss of revenue but was playing mischief with assessment records by manipulating, back dating order sheet entries, after passing assessment orders“

The CBDT has, as a measure for reducing litigation, issued Circular 21/2015 dated 10.12.2015 increasing the monetary limits for filing of appeals by the department before the ITAT and High Courts and SLP before the Supreme Court. The notable aspect is that the CBDT has directed that the said instruction shall apply retrospectively to pending appeals and that all appeals below the specified tax limits should be withdrawn/ not pressed. However, appeals before the Supreme Court are to be governed by the limits operative at the time that the appeal was filed

Pursuant to the CBDT’s directives regarding ‘Paperless Assessment Proceedings‘, ‘E-Sahyog Project To Avoid Physical Presence Of Taxpayers During Assessment‘ and ‘Redressal of grievances received from Taxpayers by email at Aayakar Sampark Kendra‘, the CBDT has issued a Notification dated 02.12.2015 by which it has amended the Income-tax Rules, 1962 to provide that for purposes of section 282(1) of the Act, service of notice, summons, requisition, order and other communication may be done by email

The CBDT has issued a directive dated 02.12.2015 stating that as on 01.11.2015, there were 2.07 lakh returns involving refund claims of Rs.659 crore for AY 2013-14 and 12.90 lakh returns involving Rs.4,837 crore for AY 2014-15 which are still pending for processing and issue of refunds. These returns have not been selected for scrutiny under CASS. It is stated that while reviewing the pendency of refunds, the Revenue Secretary has directed that refunds in respect of cases not selected under CASS and involving refund of less than Rs.50,000 for the assessment years 2013-14 and 2014-15 may be issued as early as possible. Based on this directive, the CBDT has “requested” the Chief Commissioners to “kindly advise” assessing officers to expeditiously process and determine refunds in non-CASS cases having claim of refund of less than Rs.50,000 and issue the same as early as possible. Whether the Assessing Officers will obey the directives of the Revenue Secretary and of the CBDT requires to be seen