Month: September 2012

S. 90 (4) of the Act, as inserted by the Finance Act 2013 w.e.f 1.4.2012 provides that an assessee, not being a resident, to whom an agreement referred to in sub-section (1) of s. 90 applies, shall not be entitled to claim any relief under a Double Taxation Avoidance Agreement unless a certificate, containing such particulars as may be prescribed, of his being a resident in any country outside India or specified territory outside India, as the case may be, is obtained by him from the Government of that country or specified territory. A similar provision has been inserted in sub-section (4) of s. 90A of the Act. Pursuant therto, the CBDT has issued Notification dated 17.09.2012 to insert Rule 21BA and Forms 10FA and 10FB specifying the manner in which the aforesaid Certificate of Tax Residency should be obtained

Pursuant to the scathing criticism of the Supreme Court in DIT vs. Citibank N.A. on the “peculiar phenomenon” of delay in filing high stakes appeals and the directive that the concerned officials be hauled up, the CBDT has issued a letter dated 19.09.2012 expressing “extreme concern” and directing the CCITs & DGITs to impress upon the field formation to strictly adhere to the timelines laid down in Instruction No. 4 of 2011 & Instruction No. 7 of 2011. It has been made clear that excuses like heavy workload and leave are not acceptable. It has also been threatened that delay in filing appeals/ SLPs may attract administrative action

The ITAT Bar Association and the All India Federation of Tax Practitioners have released a book titled “Digest of Case Laws (Direct Taxes) 2003-2011“. The salient features of the book are the following

Vide Notification dated 31.08.2012, the following changes have been effected in the CESTAT Members Service Conditions Rules. The principle terms of the changes are the following

In exercise of the powers conferred by section 252 of the Income-tax Act, 1961 (43 of 1961), the Central Government is pleased to appoint Shri H.L. Karwa, Vice-President of the Income Tax Appellate Tribunal, as President of that Tribunal in officiating capacity with effect from the forenoon of 1st September, 2012 and till the post is filled on regular basis

Vide Notification No. 37/2012 [ 142/18/2012-so(tpl)] dated 12-9-2012, the CBDT has inserted Rule 31ACB and Form No. 26A to prescribe the format in which the CA’s certificate should be obtained by the payee

Change In Constitution Of The Bombay High Court’s Tax Bench w.e.f. 24.09.2012

Shri Justice Altamas Kabir will be the new Chief Justice of India. He will assume the new charge on 29th of this month

The transfer of Hon’ble Dr O.K. Narayanan, Vice President, ITAT, Chennai Zone to ITAT, Kolkata Zone has been cancelled. Hon’ble Dr O.K. Narayanan wil hold additional charge of ITAT, Kolkata Zone w.e.f. 10 Sep 2012

Vide Order No. 9/FT&TR/2012 dated 07.09.2012, the CBDT has directed a change in the Constitution of the Dispute Resolution Panel in Delhi, Mumbai, Ahmedabad, Pune, Kolkota, Bangalore, Hyderabad and Chennai with effect from 24.08.2012