Month: July 2018

The CBDT is not content with enhancing the monetary limits for maintainability of appeals of the department. All Principal CsIT have been directed to ‘personally ensure’ that all appeals falling below the specified limits are withdrawn by 20th August 2018. The PCsIT have been directed to send a report giving details of their compliance

A new Circuit Bench at Varanasi has been set up to fulfill the promise made by the Prime Minister Narendra Modi. However, the ITAT Bar Association, Allahabad, has challenged the setting up of the Circuit Bench on the ground inter alia that the pendency at Varanasi is very low and that unnecessary expenditure will be incurred on the infrastructure. It is also claimed that there is an acute shortage of Members at the Allahabad Bench and that a large number of cases are pending therein

The ITAT Mumbai Bench has issued an important directive with a view to implementing Circular No. 03/2018 dated 11th July 2018 issued by the CBDT with respect to the dismissal of appeals of the department which are below the prescribed monetary limit

The Ministry of Law and Justice has issued a Circular dated 6th July 2018 by which it has invited applications from eligible candidates for appointment to the posts of Judicial and Accountant Members in the ITAT. There are 21 posts of Judicial Member and 16 posts of Accountant Member which are available for being filled up

ITAT Bids Farewell To Retiring Vice-President And Accountant Member

The CBDT has issued two office Orders bearing Nos. 109 and 110 of 2018, both dated 12th July 2018, to state that the ad-hoc appointments of several Income Tax Officers to the grade of Assistant Commissioner of Income Tax has been extended by the Hon’ble President

Further to the press release dated 11th July 2018 of the Ministry of Finance, the CBDT has issued Circular No 3/2018 dated 11th July 2018 by which the precise scope of the move to withdraw low tax effect appeals has been explained. In particular, the CBDT has explained the meaning of the term “tax effect”. It has also been considered whether the decision to withdraw appeals which are below the specified limits should be given prospective or retrospective effect. The exceptions to when appeals can be contested even when they are below the prescribed limits are also clearly specified

The Ministry of Finance has announced a substantial enhancement in the limits for filing departmental appeals before the ITAT, Tribunal and Supreme Court. The impact of the new limits is that out of total cases filed by the Department in ITAT, 34% of cases will be withdrawn. In case of High Courts, 48% of cases will be withdrawn and in case of Supreme Court 54% of cases will be withdrawn. The total percentage of reduction of litigation from Department’s side will get reduced by 41%.

In the latest move, a Supreme Court Bench, comprising of Chief Justice of India Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, has agreed in principle that live streaming of court proceedings is permissible and feasible.

The CBDT has issued Office Order No. 104 of 2018 dated 6th July 2018 to state that the promotion of several officers in the grade of Commissioner of Income-tax (CIT) (level 14 in the pay matrix of Rs. 1,44,200 – 2,18,200) has been regularized with effect from the date of assumption of charge of the post by them. A similar Order No. 103 of 2018 dated 6th July 2018 has been issued with respect to Chief Commissioners of Income-tax (CCIT)