To address the scathing criticism of the Finance Minister about the mindless litigation undertaken by the Department, the CBEC has issued detailed instructions to streamline the filing of appeals by the department. The CBEC has directed the officers to scrupulously follow the instructions contained in the circular and threatened that deviations would be viewed seriously.
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Circular: Streamlining Departmental Litigation
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Posted in All Information, Dept. Representatives, ITAT related, Pendency, Supreme Court/High Court related
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Abolition of “L1” Bench in ITAT
The Hon’ble President Shri. R. V. Easwar has passed the following order dated 5th July 2010: Sub: Appeals pending before L1 Bench, ITAT., Mumbai – reg. In supersession of all earlier orders on the above subject, all the appeals pending …
Broker’s Bad Debts Allowable U/s 36(1)(vii)
In Shreyas S. Morakhia the Special Bench has answered the question whether a share broker is entitled to deduction of bad debts u/s 36(1)(vii) r.w.s. 36(2) in favour of the assessee.
Hon’ble Shri. R. V. Easwar appointed officiating President of ITAT
Hon’ble Shri. R. V. Easwar has been appointed the officiating President of the Income Tax Appellate Tribunal and has assumed charge at Mumbai on June 4, 2010.
Retirement of Hon’ble President of ITAT
Hon’ble Shri. Vimal Gandhi, President of the Tribunal retired today, 3rd June 2010. Shri. Gandhi practiced as an Advocate from 1970 to 1985 and joined the Tribunal as a Judicial Member on 16.9.1985. He served as Vice President from 6.8.1997 to 30.10.2003 and was appointed President on 31.10.2003. He served as President for six years and seven months. When Mr. Gandhi was appointed President, the pendency of matters in the Tribunal was 180,666 and this has been brought down to 47,000 as on 1.4.2010. Mr. Gandhi started the system of refresher course for the Members of the ITAT. He was also instrumental in allotting the library premises to the Bar Association, Mumbai. Mr. Gandhi represented the Tribunal at national and international seminars of repute including at the United Nations where he made a presentation of successful practices at the ITAT. He also formulated broad guidelines on how judgements should be written for the benefit of Members.
Transfer of Hon’ble Members (March 2010)
In pursuance of the consultations of the collegium of the I.T.A.T consisting of the President and two senior-most Vice Presidents, the following Members of the Income-tax Appellate Tribunal have been transferred, in public interest, in the same capacity, to the Bench(es) of the Income-tax Appellate Tribunal as shown against their names, with effect from the forenoon of 05.04.2010
ITAT Members’ Conference on International Taxation
The ITAT is organizing a ‘Members’ Conference on International Taxation’ on 19th & 20th February 2010 at Vigyan Bhavan, New Delhi. The Conference will be inaugurated by Hon’ble Mr. Justice K.G. Balakrishnan, Chief Justice of India. Dr M Veerapa Moily, Union Law Minister, will be Guest of Honour. Hon’ble Justice S. H. Kapadia will make a key note address “Shrinking globe, its impact and challenges before judiciary”.
Applications for appointment of Judicial & Accountant Members of the Tribunal
The Department of Legal Affairs, Ministry of Law & Justice has invited applications for the posts of Judicial Members and Accountant Members in the Income Tax Appellate Tribunal. There are 22 vacancies for the post of Judicial Member while there are 13 vacancies for the post of Accountant Member.
CIT DR Bombay ITAT contact details (as of 21.01.2010)
Click here to view the the contact details of the CIT-DRs & ARs of the Bombay Bench of the ITAT.
Samsung Electronics (Kar HC): Special Bench to hear arguments
In M/s Prasad Productions Ltd, a Special Bench, Chennai, has been constituted to hear the following question: “Whether for the purposes of sections 201(1) and 201(1A), when an assessee responsible for making payment to a Non-resident, has not applied to the Assessing Officer u/s 195(2) for deduction of tax at a lower or Nil rate of tax, he is under statutory obligation to deduct tax at source computed on the entire payment to the Non-resident treating the same as income chargeable to tax, in the light of decision of the Apex Court in the case of Transmission Corporation of A.P. Ltd. v. CIT(239 ITR 587)?” The matter was heard by the Bench compromising Hon’ble Shri P P Parikh, Shri N Barathvaja Sankar and Shri Hari Om Maratha on November 3, 2009. In view of the judgement of the Karnataka High Court in Samsung Electronics, the matter has been refixed for hearing on January 27, 2010.
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