Year: 2018

The CBDT has issued Order No. 54 of 2018 dated 6th April 2018 whereby several Assistant Commissioners of Income-tax in the pay matrix Rs. 56,100-1,77,500 on completion of training at National Academy of Direct Taxes are posted in the region of Pr. CCIT (CCA) indicated against each of them with immediate effect and until further orders

The CBDT has issued an office order dated 3rd April 2018 in which it is noted that there is a trend of High Net Worth Individuals (HNWIs) migrating from their country of residence to other jurisdictions. It is stated that such HNWIs pose a substantial tax risk since they may treat themselves as non-residents for taxation purposes in the first jurisdiction even though they may have strong personal and economic ties with that jurisdiction. For examining the taxation aspects of such High Net Worth Individuals (HNWI), the CBDT has constituted a Working Group of high-ranking officials. The Working Group has to make recommendations for policy decision in respect of tax risks of the migrating HNWI population

The CBDT has issued a document titled the “Central Action Plan” in which time limits have been prescribed for various activities to be done by the AOs and CsIT(A) in the first quarter (April 2018 to June 2018) of FY 2018-19.

The CBDT has inter alia stipulated that disposal of assessments in at least 25 cases (20 in International Taxation cases) per Assessing Officer of limited scrutiny, set-aside assessment, reopened assessment u/s 147 and OCM scrutiny must be done by 30th June 2018.

The CBDT has issued Notification No. 04 dated 30th March 2018 whereby several IRS officers have been appointed in the grade of Assistant Commissioner of Income-tax in the pay matrix of Rs. 56,100 – 1,77,500.

The CBDT has also issued Notification No. 05 dated 30th March 2018 whereby several Assistant Commissioners of Income-tax have been appointed to officiate as Deputy Commissioner of Income-tax in the pay scale of Rs. 15,600 – 39,100.

The Finance Act 2018 received the assent of the President on the 29th March, 2018 and is available for download

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The CBDT has vide Order No. 47 of 2018 dated 27th March 2018 ordered the promotion and posting of officers to the grade of Chief Commissioners of Income-tax (level 16 in the pay matrix Rs. 2,05,400 – 2,24,400) w.e.f. the date of assumption of charge of the post and until further orders

The CBDT has issued an important directive dated 28th March 2018 on the subject of processing of returns under section 143(1) of the Income-tax Act.

The CBDT has pointed out that from Assessment Year 2017-18, discretion of Assessing Officer in processing returns under scrutiny has been completely removed and therefore, all returns have to be processed as per provisions of section 143(1) of the Act.

This is irrespective of the fact whether in cases under scrutiny, the Assessing Officer is contemplating taking recourse under section 241A of the Act to withhold the refund so arising on ground of concern for recovery of revenue.

The CBDT has specified the methodology to be followed by AOs for such processing

Hon’ble President Kovind took a subtle dig at the elite IRS Officers for treating taxpayers with contempt and behaving in a high-handed manner with them. “Tax payer is your partner, not your adversary,” the Hon’ble President said, echoing the words of several Courts which have repeatedly passed strictures against the department for adopting strong arm techniques with taxpayers. “You have a policy and regulatory role, but you are principally a service provider. Please be sensitive to the demands and dignity of the person – the honest tax payer – who is coming to you for a service,” the President added. He also advised the Income-tax department that while India’s tax to GDP ratio needs to improve, it has to be done “by persuasion” and not “by intrusion“.

A Task Force has been constituted to review the Income-tax Act, 1961 & to draft a new Direct Tax Law in consonance with the economic needs of the country. The Income-tax department has invited suggestions and feedback from stakeholders in the format provided on the departmental website. In response, Dr. Shivaram, Senior Advocate, has offered several valuable suggestions.

The CBDT has issued a directive dated 19th March 2018 by which it has revised the format in which notices under section 142(1) should be issued to assesseess. The CBDT has stated that the concept of electronic assessment proceeding was introduced last year and its scope was gradually enlarged. The e-assessment proceeding is now facilitated through e-filing portal. The CBDT Instruction No. 01/2018, dated 12-02-2018 has mandated that except for search related assessments and exceptional circumstance mentioned therein all other pending scrutiny assessment cases shall be conducted only through the ‘E-Proceedings’ functionality in ITBA/E-filing