Considering the facts and circumstances of the class of cases of TPAs and insurance companies, the Board has decided that no proceedings u/s 201 may be initiated after the expiry of six years from the end of financial year in which such payment have been made without deducting tax at source etc by the TPAs. The Board is also of the view that tax demand arising out of Section 201(1) in situations arising above, may not be enforced if the deductor(TPA) satisfies the officer in charge of TDS that the relevant taxes have been paid by the deductee assessee (hospitals etc.). A certificate from the auditor of the deductee assessee stating that the tax and interest due from deductee assessee has been paid for the assessment year concerned would be sufficient compliance for the above purpose. However, this will not alter the liability to charge interest under Section 201 (1 A) of the Income Tax Act till payment of taxes by the deductee assessee or liability for penalty under Section 271C of the Income Tax Act as the case may be.

Income-tax (Dispute Resolution Panel) Rules, 2009 Notification No. 84/2009[S.O. 2958(E)/F.No. 142/22/2009-TPL], dated 20-11-2009 In exercise of the powers conferred by sub-section (14) of section 144C of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes makes …

Income-tax (Dispute Resolution Panel) Rules, 2009 Read More »

A list of Special Bench matters pending in the Mumbai Bench of the Tribunal as of 1.11.2009 is available for download. The list of All – India Special Bench matters is available here.

The International Tax Conference will be hosted by the Asia-Oceania Tax Consultants’ Association (AOTCA) which is the international body for tax professionals in the Asia-Oceania region – in association with the All India Federation of Tax Practitioners (A1FTP). This Conference …

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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.