Dr. K. Shivaram, Senior Advocate, has pointed out that the Ordinance defeats the decision of the Supreme Court in Madras Bar Association vs. UOI which inter alia held that advocates with experience of at least 10 years are eligible for appointment as Judicial Members in the ITAT. He has also pointed out that the terms of the Ordinance are such that many Advocates or Chartered Accountant will not be inclined to apply for the post of Members of the ITAT. This will have a detrimental effect on the ITAT. The Ld Advocate has suggested that the entire issue may be reconsidered by the Govt
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Category: judiciary
Tax Practitioners From Across The Country Salute The Income Tax Appellate Tribunal
Tax Practitioners from across the country salute the Income Tax Appellate Tribunal oldest Temple of Justice, which is considered as Mother Tribunal in India, on completion of 80years of its purposeful existence and wishes that the Income tax Appellate Tribunal retain its glory as one of the finest Institution of our Country for years ahead (25-1-1941 to 25-1-2021) – Whether faceless appeals proposed by the Hon’ble Finance Minister in the Finance Bill 2021, before the Income Tax Appellate Tribunal will inspire the confidence of the Tax payer?
Vision 2022: Expectation Of Stakeholders From The ITAT
Dr. K. Shivaram, Senior Advocate, has made the fervent appeal, on the auspicious occasion of the 80th Foundation Day of the ITAT, that all stakeholders, namely, the Tax Bar, the Ld. Members, the CBDT etc, shoud collectively make an honest attempt to maintain and preserve the glory of the ITAT as one of the finest institutions of our country. The Ld. Advocate has systematically set out the precise expectations and obligations of each stakeholder
Honouring the Honest Is A Game Changing Fiscal Policy But The Dept Has To Satisfy At Least 10 Expectations Of High Tax Payers To Eliminate The “Trust Deficit” Between Itself & The Taxpayers
Dr. K. Shivaram, Senior Advocate, has lauded the recent philosophy of the Income-tax Dept of “Honouring the Honest“. He has described it as a “Game Changing Fiscal Policy“. He has advised that the tax administration has to make sincere efforts to satisfy at least 10 expectations of high tax payers. He has opined that this will be a way forward to eliminate the so-called “Trust Deficit” between the Tax Department and the Asseessees
The ITAT Will Have To Conduct A Mix Of Virtual Hearings And Physical Hearings
Dr. K. Shivaram, Senior Advocate, has pointed out that the stakeholders in the ITAT will have no option but to adapt to a mixture of virtual and physical hearings, in order to dispose off appeals and do justice. The ld. author has offered valuable suggestions on how the challenges can be overcome and the task achieved with least hardship to all concerned
The Silver Lining During Lockdown
Dr K. Shivaram, Senior Advocate, has lauded the Income tax Appellate Tribunal and the Tax Professionals for playing a proactive role during lock down by organising Webinars on several subjects which have helped tax practitioners to better their understanding on various issues. He has pointed out that this salutary practice has also helped them to do away with negative thoughts that set in as a result of the Lockdown
The Finance Bill 2020: Nani Palkhivala Rightly Called The Income-tax Act “A National Disgrace”
Dr. K. Shivaram, Senior Advocate, has pointed out that the lament by Nani Palkhivala several decades ago regarding the ‘maddening instability‘ of the Income-tax Act and it being a “national disgrace” holds good today as well as is reflected by the numerous amendments ushered in by the Finance Bill 2020. Some amendments are ill-thought of and have led to enormous confusion and anxiety amongst taxpayers. Also, the non-allocation of funds to the Judiciary shows a lack of seriousness regarding the massive backlog of cases in Courts. The learned author has also made valid points regarding the ‘Vivad Se Visvas’ scheme and other proposals in the Budget
Finance Bill 2020 – Suggestions Of Tax Consultants – Reform In Tax Law And Tax Administration – Ease Of Doing Business
Dr. K. Shivaram, Senior Advocate, has offered several valuable suggestions on what reforms in tax laws and tax administration have to be implemented so as to achieve the noble objective of improving the ease of doing business. He has opined that if these suggestions are followed, there will be a proper recovery of taxes as well as a drastic reduction in litigation, which will benefit the Government as well as the citizens
New India Vision – Voice Of Professionals – Suggestions For Speedy Disposal Of Matters And Effective Administration Of Justice
Dr. K. Shivaram, Sr. Advocate, has lauded Shri Narendra Modi, the Hon’ble Prime Minister, for unveiling the ‘New India Vision & Road Map’ for the Country. He has pointed out that in the ‘New India Vision’, the role of the judiciary cannot be left behind. The author has accordingly identified the issues in the judicial system which are stumbling blocks to progress and offered valuable suggestions on how to achieve speedy disposal of matters and administer justice to citizens in a more efficient manner
Govt Wants To Splurge Rs. 436 Cr To Install “Justice Clocks” But Not A Penny For Speedy Disposal Of Matters
Dr. K. Shivaram, Sr. Advocate, laments that the Government has turned a complete blind eye to the woes plaguing the judiciary. There is not even a whisper about allocating funds to the judiciary in the latest Budget. He points out that apart from lakhs of pending cases, there are as many as 10,000 TDS prosecution matters which are pending before the Magistrate’s court in Mumbai alone. Many of the cases are pending for nearly 15 years and are frozen at the stage of framing charges. The author has pointed out that an effective judiciary is as important to the Country as is National security. He has urged the Government to take immediate remedial steps in the matter and not to splurge funds on frivolous issues like installing “justice clocks“
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