Year: 2015

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

The CBDT has vide Order No. 90 of 2015 dated 30.06.2015 ordered the promotion of several officers in the grade of Chief Commissioner / Director General of Income Tax to the post of Principal Chief Commissioner of Income Tax (Pr. COT) in the Pay Scale of Rs. 80,000/- (Fixed) with effect from the date indicated against their names or assumption of charge of the post, whichever is later, and until further orders

Section 288 regulates the appearance by “authorized representatives” before any income-tax authority or the Appellate Tribunal. Sub-clause (viii) of the Explanation below s. 288(2), as amended by the Finance Act 2015, provides that a chartered accountant is eligible to be an “authorized representative” provided he is not “a person who, whether directly or indirectly, has business relationship with the assessee of such nature as may be prescribed”. The CBDT has now issued a Notification dated 24.06.2015 to insert Rule 51A and to define the nature of “business relationship” which is covered by sub-clause (viii) of Explanation below sub-section (2) of section 288 of the Act.