Year: 2016

The CBDT has vide Order No. 5 of 2016 dated 20.01.2016 promoted several officers in the grade of Principal Commissioner of Income-tax (HAG, Pay Scale Rs. 67,000-79,000) to the post of Chief Commissioner of Income-tax (HAG+) in the pay scale of Rs. 75,500-80,000 for the panel year 2015-16 with effect from the date of assumption of charge of the post and until further orders. The promotions are on ad hoc basis

The CBDT has issued a press release dated 15.01.2016 in which it is stated that reducing litigation with the taxpayers has been a key focus area for the Income Tax Department. It is pointed out that several initiatives have been taken by the Central Board of Direct Taxes in the last three months up to December 2015 to significantly reduce disputes and provide relief to taxpayers facing long standing litigation. A list of all those initiatives are set out in the press release

The CBDT has issued an Office Memorandum dated 14.01.2016 stating that in order to provide relief to the small taxpayers, refunds up to Rs.5,000 and refunds in cases where arrear demand is up to Rs.5,000 may be issued without any adjustment of outstanding arrears under section 245 of the Act during FY 2015-16. It is stated that as on 09.01.2016, there are 64,938 cases of refunds below Rs.5,000 involving Rs.1,148.14 Crore in non-CASS cases for AYs 2013-14 and 2014-15 pending in AST. The CBDT has directed the Assessing Officers to issue these refunds without any adjustment of arrears under Section 245. Similarly, the non-CASS cases for those assessment years where the refund amount is more than Rs.5,000 but the outstanding arrear is Rs. 6,000/- or less have been directed to be processed for issue of refund without any adjustment under Section 245. It is further directed that the above exercise should be completed before 31st January, 2016 and a compliance report be sent to the Member (Revenue).

The “Income Tax Appellate Tribunal” is celebrating its “Platinum Jubilee” at Convention Hall, The Ashok, Chanakyapuri, New Delhi on 24th & 25th January, 2016. President of the Income Tax Appellate Tribunal Justice (Retd) Shri Dev Darshan Sud is desirous that all the individuals and institutions who are associated with the ITAT participate in the Platinum Jubilee Celebrations.

AIFTP has announced the release of a publication titled “212 Frequently Asked Questions on Survey – Direct Taxes” by Dr. K. Lakshaman, Member of Legislative Assembly, Hyderabad

Change In Constitution Of Bombay High Court’s Tax Bench w.e.f. 04.01.2016

The CBDT has issued an advisory in which it is pointed out that instances of huge default of ‘Short Deduction’ have been observed due to wrong quoting of 197 certificate number. The scenario of wrong 197 certificate generally arises when the deductor accepts from deductee a manually issued lower deduction certificate by assessing officer & quotes the same in TDS statements. It is explained that CPC(TDS) has provided the facility of validating the 197 certificate to the deductors and that if the 197 certificate is not valid as per TRACES validation, the deductor should always insist upon an ITD system generated certificate having a unique 10 digit alpha numeric number. The entire procedure for this is explained in the advisory

The CBDT has issued Circular No. 25/2015 dated 31.12.2015 pointing out that pursuant to the judgement of the Delhi High Court in Nalwa Sons Investment Ltd 327 ITR 543 (Delhi) and the substitution of Explanation 4 of section 271 of the Act with prospective effect, it is now a settled position that prior to 1/4/2016, where the income tax payable on the total income as computed under the normal provisions of the Act is less than the tax payable on the book profits u/s 115JB of the Act, then penalty under 271(1)(c) of the Act is not attracted with reference to additions /disallowances made under normal provisions. The CBDT has clarified that in cases prior to 1.4.2016, if any adjustment is made in the income computed for the purpose of MAT, then the levy of penalty u/s 271(1)(c) of the Act, will depend on the nature of adjustment. The above settled position is to be followed in respect of section 115JC of the Act also. The CBDT has accordingly directed that no appeals may henceforth be filed on this ground and appeals already filed, if any, on this issue before various Courts/Tribunals may be withdrawn/not pressed upon

The CBDT has issued a Guidance Note dated 31.12.2015 to explain the manner of ensuring compliance with the reporting requirements provided in Rules 114F to 114H and Form 61B of the Income-tax Rules, 1962 which deal with Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS)

The CBDT has issued Circular No. 24/2015 dated 31.12.2015 in which it has explained the law relating to recording of satisfaction note by the AO under sections 158BD/153C of the Income-tax Act. The CBDT has drawn attention to the verdict of the Supreme Court in CIT vs. Calcutta Knitwears 362 ITR 673 (SC) in which the stages at which the satisfaction note has to be prepared have been set out. The CBDT has further clarified that even if the AO of the searched person and the “other person” is one and the same, then also he is required to record his satisfaction as has been held by the Courts. The CBDT has also directed that pending litigation with regard to recording of satisfaction note under section 158BD /153C should be withdrawn/not pressed if it does not meet the guidelines laid down by the Apex Court