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Eminent Tax Advocates Appointed Finance Minister And Law Minister

Arun Jaitley, Finance Minister

Arun Jaitley, Finance Minister

We are proud to announce that the appointees to the post of Finance Minister, Shri. Arun Jaitley, and the post of Law Minister, Shri. Ravi Shankar Prasad, are eminent senior advocates who are extremely well versed with income-tax law and have appeared as counsel in several leading matters.

Shri. Arun Jaitley has appeared in several leading cases such as Municipal Corporation of Delhi vs. Batra 121 CTR 92 (SC) (stay of demand), SRF Finance Ltd vs. CBDT 211 ITR 861 (Del) (TDS u/s 194C) etc. Shri. Ravi Shankar Prasad has appeared in leading cases such as J. Jayalalitha vs. ACWT 309 ITR 277 (Mad) (prosecution for non-filing of return), Sushil Kumar Modi In Re 104 TM 666 (Pat) (tax implications of animal husbandry scam) etc.

Apart from a flourishing practice in income-tax law, both professionals have an excellent grasp of civil law.

Ravi Shankar Prasad, Law Minister

Ravi Shankar Prasad, Law Minister

Further, Shri. Arun Jaitley has a special affinity towards the Tribunal. During his previous tenure as Law Minister (1998 to 2004), he had taken special interest to ensure that more Benches & Members for the ITAT was sanctioned. He has even visited the premises of the ITAT in Mumbai to inaugurate the new court rooms.

In fact, on that momentous occasion, Shri. Arun Jaitley delivered a speech which is fondly remembered even today by the members of the Bar. He said “There is good rationale why these appeals filed before the Tribunal should be disposed of expeditiously (within a matter of months). If there is no liability of the assessee, there is no reason that a sword should hang on his head. And if there is a liability, then the Revenue should not suffer“. The learned jurist made several other perceptive remarks about the functioning of the Tribunal. (You can download the entire article here (pdf, 1.3MB).)

Apart from an expert understanding of income-tax law, both Ministers are sensitive to the needs and concerns of tax payers. They have made it clear in their public speeches that while taxpayers engaging in nefarious activities of tax evasion and generating black money will not be spared, honest taxpayers will not be harassed and all their problems will be resolved. They have also stated that steps shall be taken to ensure that the income-tax department functions in an efficient manner and accountability is brought in to rein in over-zealous officers.

The ITAT Bar Association shall formally approach both Hon’ble Ministers with a request that the following long-standing issues raised by the Bar be addressed at the earliest:

(i) Appointment of a permanent President for the Tribunal as well as filling up the vacancies in the posts of Sr. Vice Presidents and Vice Presidents;

(ii) Removal of the proposal regarding appointment of ITAT Members for an initial period of only 5 years;

(iii) Increase in the age limits for Judges & Tribunal Members from 62 years to 65 years.

We are very confident that all these long-standing issues will be speedily resolved under the dynamic leadership of the said two Hon’ble Ministers.

We wish the Hon’ble Ministers good luck in their new postings.


6 comments on “Eminent Tax Advocates Appointed Finance Minister And Law Minister
  1. please,sir.iam.inform.you.this.is.corruption.this.people.making.fraud.web.only.taken.public.money.i.can’t.understand’s.who.give.me.my.refund.money.this.web.making.fraud.address.but.not.respons.anybody.iam.written.everybody.not.give.me.answer.perfect.this.is.my.earnest.money.this.web.is.delhi.the.name-www.click2complain.com.&fraud.address-ramesh,nagar.najafagarh.road.they.going.another.way.who.take.respons.this.fraud.people.they.stay.delhi.iam.worried.who.give.me.my.money.back.please.reply.me.immediately.iam.not.higher.society.iam.common.man.are.you.help.me.sir.please.tell.me.please.sir.this.web.closed.this.is.fraud.web.

  2. Shyamal Kumar Sarkar says:

    Useful Miscellania » Eminent Tax Advocates Appointed …

    shyamal kumar sarkar Says:
    May 29th, 2014 at 11:15 am
    Respected sir,
    I have a complained over the issue of wrong Form 16 by my company Carfax Investments Pvt. Ltd. to various departments, it is totally violation of Income Tax rule. It is most important corruption case ever happened in India. New Government promised to take strong action against the corruption, I welcome this decision.
    I enclosed previous summery of complaints along with this letter, i.e Income Tax department, Consumer Court, Central Vigilance Commission, Labour Welfare Board, West Bengal and many other departments, which we can see at web site also.
    Thanking you.
    Shyamal Kumar Sarkar
    29 May 2014
    ***************************************************************************************
    Respected Sir
    Since long I am complaining to you against Wrong Form 16 issued by a registered above named company. Please note this year 2013-2014 F.Y I have paid Income Tax Rs. 449/ to I.T. department Bomboo vila kolkata along with wrong Form 16 but my problem is not solved yet.
    Sir if you type in Google “wrong Form 16 issued by carfax investments pvt. ltd.” then you can find many blog about the matter.
    I hope now I will get proper decision from you. My main problem is that I am from 16 holder of the company since year 2009, why I will not get payments/facilities as per Income Tax rule ? More than five years I am receiving Form 16 from my company but they are not giving EPF,DA and other facilities to me but other Form 16 holders are getting all the facilities ! Why I will not be in company’s pay roll ? Why my payments will not be reflected in company’s accounts ? Why the company will not make any payments voucher against my payments ? My P.Tax also not being cut ! My company don’t want to keep any record against my payments. In turn they will not give any benefit to me on retirement. This is totally cheating case to me and to Government of India also. Labour Commissioner, West Bengal called me but he could not able to solve this problem. He asked me to go to I.Tax department/P.F. Commissioner or go to UNION. I WENT DOOR TO DOOR. I WAS SUFFER A LOT ! I want my complain to be taken very seriously and if required please ask the company to produce pay roll, please check company’s accounts, no where you will find any thing about my payments. Sir you can see company’s details by clicking “carfax Investments Pvt. Ltd.”
    I hope this is enough information against Form 16.
    Sir, waiting for your kind decision.
    Thanking you
    Yours faithfully
    Shyamal Kumar Sarkar
    20 July 2014

  3. nagaraj t v says:

    29-05-2014
    To: Sri Shyamal Kumar Sarkar
    Sir, I have studied your problem regarding form 16 and I volunteer to give you the following
    solutions for solver your problem:-

    1) You can submit your I T return based on salary slips given to you and claim refund.
    2)It is not clear whether you have been taxed excessively or adequately under form 16.
    You can verify yourself with salary slips.
    3) Taking your issue on form 16 to Consumer Forum will not solve the problem.
    Because, employer-employee relationship as evidenced by form 16 is not admissible.
    I am trying to bring a new definition of consumer and consumer complaint to cover
    all practical economic transactions covered under various contractual relationships,
    legal relationships and voluntary business relationships. I intend to pursue this as a
    public interest litigation. Kindly send form-16 and other relevant details to support my effort.
    4) Study your service contract thoroughly and insist on specific contractual performance
    under section 37 of Indian Contract Act. Kindly send xerox copy of your service agreement/contract.
    For the tax deducted at source from your salary, the tax deductor will be your agent and
    you are the principal by virtue of position and conduct of tax deductor.
    5) Informing all Ministries will not solve the problem.
    Mobile:9844200688 nagarajtirumanivemula@gmail.com

  4. nagaraj t v says:

    blank mail sent as desired by you for your newsletter

  5. shyamal kumar sarkar says:

    Respected sir,
    I have a complained over the issue of wrong Form 16 by my company Carfax Investments Pvt. Ltd. to various departments, it is totally violation of Income Tax rule. It is most important corruption case ever happened in India. New Government promised to take strong action against the corruption, I welcome this decision.
    I enclosed previous summery of complaints along with this letter, i.e Income Tax department, Consumer Court, Central Vigilance Commission, Labour Welfare Board, West Bengal and many other departments, which we can see at web site also.
    Thanking you.
    Shyamal Kumar Sarkar
    29 May 2014

    To,
    West Bengal State Consumer Disputes Redressal Commission
    BhabaniBhavan (Ground Floor)
    31, Belvedere Road, Alipore
    Kolkata – 700027
    E-mail: wb-sforum@nic.in

    To,
    Sri PurnenduBasu
    Minister-in-Charge, Labour Department, &
    Chairman, Labour Welfare Board ,Govt. of West Bengal,
    East India House, 20B, Abdul Hamid Street,
    Kolkata – 700069

    To,
    The Chairman, WB Labour Welfare Board
    WB Labour Welfare Board
    ShramikKalyanBhaban
    P-3, CIT Scheme Vll-M, Kankurgachi, Kolkata- 54

    Subject :Wrong/incomplete Form 16 issued to me by my company Carfax Investments Private Limited
    at 9/1 Middleton Street, Kolkata – 700071.

    Respected Sir,
    • I am Sergeant(Retd.)Shyamal Kumar Sarkar, from Indian Air Force.At present I am working in Carfax Investments Private Limited at9/1 Middleton Street, Kolkata – 700071. I am “Form 16” holder of the company since year 2009-2010(F.Year). I think, I am the only employee in West Bengal(maybe)who is getting “Form16” but not eligible for EPF and other benefitsfrom the Company.but intentionally I am not included in “Company’s pay roll” or any other documents. Company never taken my signature on any voucher against my payment. My payments are not reflected in company’s accounts also. Please note other Form 16 holder of the company are in the “Company’s pay roll”, they get all the facilities. In future I can not claim any benefit from my company, this is a tricks to through out the employees at any time. Why it will be done like this ?Why I am neglected ? I am treated just like a casual labour ! Is it not injustice to me ? Many times I have been trapped/pointed out by Income Tax department and nationalized banks over the issue of wrong Form 16. This form16 is incomplete/wrong, because they have not filled up EPF column. As per Income Tax rule/company’s rule my company suppose to give EPF, DA and other benefits to me since 01st April 2009, at the same time company did not cut “Professional Tax” on my gross payments(Gross payments mentioned in Form 16 also wrong, because a lot of things are to be included in this along with basic pay).
    In this situation:
    (a) I am losing a lot of money every month at the same time I am not eligible for any loan, because my I. T. Return is wrong due to wrong Form 16. How strange !
    (b) Income Tax Department, Govt. of India not getting Income Tax from me.
    (c) Govt. of West Bengal is losing P. Tax on my payments.

    All the details are explained in my statement and it is reported to many Government authorities.

    I have reported the matter to “Central Vigilance Commission, Consumer Court” and West Bengal Labour Welfare Board through electronic media whose hard copy and many other related documents are forwarded to you along with this letter for your kind decision.
    Thanking you,
    Yours faithfully

    Date :13 .04.2014 Shyamal Kumar Sarkar
    Encl. As stated 211, D.H. Road, Padmapukur
    Thakurpukur, Kolkata – 700063

    Date : Complaints against corruption on the May day to save life for the people, by the people and to the people fight for their right.
    ***********************************************************************************
    01 May 2014 at 9 PM
    The page at grahakcomplaints.com says:
    Registered complaint successfully, your ticket no. is tkt162 and it will be on website in next 24 hrs.
    ***********************************************************************************
    Home About Us Browse Company MakeComplaint View Complaints Hi Shyamal
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    Ticket Subject Company Against Complaint Date Documents Approval Status Edit
    No. Wrong/Incomplete Carfax Investments 5/1/2014 N/A Approved Active Edit
    Tkt162 Form 16 issued to Pvt. Ltd.
    8:20:57AM
    me since year 2009
    F.Y.2009 2010

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    Ticket No. Subject Company Against Complaint Date Documents Approval Status Status Edit
    Tkt330
    Wrong Incomplete Form 16 issued to me since year 2009 F.Y.2009 2010
    Carfax Investments Pvt. Ltd. 5/22/2014 11:43:19 PM N/A Approved Active Edit

    Tkt162
    Wrong Incomplete Form 16 issued to me since year 2009 F.Y.2009 2010
    Carfax Investments Pvt. Ltd. 5/1/2014 8:20:57 AM N/A Approved Active Edit

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  6. Tapas Sinha says:

    We the employees Income tax department of West Bengal region humbly approach Honorable new Finance Minister to look into the matter regarding gross injustice made to the employees of West Bengal Region. 20,751 new posts have been created through cadre review of the Income Tax Department for 18 CCA region but unfortunately no new posts have allotted to the West Bengal region only (only one region out of 18 CCA region)contrary 1633 posts have been withdrawn. As a result all group C employees ie upto the post Inspector would severely be affected for promotion to the next higher grade. Kindly bring the notice to the New PM and FM.

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