Month: July 2015

The Society of Indian Law Firms, a collective of India’s Premier Law Firms, has filed a complaint dated 18th June 2015 with the Bar Council of India claiming that the big four CA firms, E&Y, Deloitte, KPMG & PWC, are carrying on unauthorized practice of law and that this contravenes section 29 of the Advocates Act which provides that only Indian citizens who are enrolled with the State Bar Councils as advocates have the right to practice the profession of law in India. The Complaint has given specific instances of the alleged violation of law by E&Y, Deloitte, KPMG and PWC.

Vide orders dated 13th July 2015 passed by the Hon’ble President pursuant to the consultations with the Collegium of Income Tax Appellate Tribunal, the following transfers have been taken

Hon’ble Shri. S. K. Ray, Member (A&J), CBDT, has addressed a letter dated 03.07.2015 in which he has expressed his dismay at the fact that despite several instructions on the subject, necessary due diligence and caution is not being exercised while granting authorization for filing of appeals. He has referred to several decisions where courts have taken an adverse view against the Department. He has also referred to a “shocking incident” in a “sensitive search case” where he says the “apathy of the Department Officers is evident”. He has warned that Courts are taking a “stern and inclement view” of the Department’s actions in litigation matters. He further points out that litigation not only entails financial costs but also tarnishes the image of the Department and strains its resources. He has stated that it is imperative that the available resources are optimally utilised to obtain maximum benefit out of litigation

The CBDT has issued Circular No. 13 of 2015 dated 6th July 2015 in which it has noted that a number of queries have been received from the public about the scope of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 and the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Rules, 2015. The Board has considered the said queries and clarified the points raised by issue of the circular in the form of questions and answers

In view of the repeated strictures passed by judicial bodies on the gross inefficiencies of the income-tax department relating to litigation, the CBDT has issued Instruction No. 06 dated 03.07.2015 setting out clear-cut responsibilities of the CIT (Judicial)

The CBDT has issued Circular No. 12 of 2015 dated 02.07.2015 setting out the Explanatory Notes on Provisions Relating to Tax Compliance For Undisclosed Foreign Income and Assets as Provided In Chapter VI of The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

The Ministry of Finance has vide Notification No. 58/2015 dated 2nd July 2015 notified the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Rules, 2015

The CBDT has issued an Order dated 01.07.2015 stating that a difficulty has arisen in interpreting the expression ‘date of commencement of the Act’ in the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The CBDT has stated that the said ‘date of commencement of the Act’ shall be 1st July 2015

The Ministry of Finance has issued a Press Release dated 01.07.2015 stating that 30th September, 2015 is the date on or before which a Person may make a Declaration in respect of an Undisclosed Asset Located Outside India Under the Compliance Provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015; It is also stated that the last date by which a person must pay the tax and penalty in respect of the undisclosed foreign assets so declared shall be the 31st day of December, 2015