The ITAT Mumbai Bench has issued an important directive with a view to implementing Circular No. 03/2018 dated 11th July 2018 issued by the CBDT with respect to the dismissal of appeals of the department which are below the prescribed monetary limit
The CBDT has issued two office Orders bearing Nos. 109 and 110 of 2018, both dated 12th July 2018, to state that the ad-hoc appointments of several Income Tax Officers to the grade of Assistant Commissioner of Income Tax has been extended by the Hon’ble President
Further to the press release dated 11th July 2018 of the Ministry of Finance, the CBDT has issued Circular No 3/2018 dated 11th July 2018 by which the precise scope of the move to withdraw low tax effect appeals has been explained. In particular, the CBDT has explained the meaning of the term “tax effect”. It has also been considered whether the decision to withdraw appeals which are below the specified limits should be given prospective or retrospective effect. The exceptions to when appeals can be contested even when they are below the prescribed limits are also clearly specified
The Ministry of Finance has announced a substantial enhancement in the limits for filing departmental appeals before the ITAT, Tribunal and Supreme Court. The impact of the new limits is that out of total cases filed by the Department in ITAT, 34% of cases will be withdrawn. In case of High Courts, 48% of cases will be withdrawn and in case of Supreme Court 54% of cases will be withdrawn. The total percentage of reduction of litigation from Department’s side will get reduced by 41%.
The CBDT has issued Office Order No. 104 of 2018 dated 6th July 2018 to state that the promotion of several officers in the grade of Commissioner of Income-tax (CIT) (level 14 in the pay matrix of Rs. 1,44,200 – 2,18,200) has been regularized with effect from the date of assumption of charge of the post by them. A similar Order No. 103 of 2018 dated 6th July 2018 has been issued with respect to Chief Commissioners of Income-tax (CCIT)
Hon’ble Sushil Chandra, the Chairman of the CBDT, has written an irate letter dated 4th July 2018 to the Principal Commissioners in which he has stated that the ‘High Pitched Scrutiny Assessments Committee’ which was set up amidst much pomp and show, has been a non-starter. The learned Chairman has directed the PCsITs to get their act in order and ensure that the Committee does its work as intended.
The learned Chairman has also directed that AOs who are found guilty of making high-pitched additions on frivolous grounds, non-observance of principles of natural justice, non-application of mind, gross negligence etc should be transferred without any delay and subjected to disciplinary action
The CBDT has vide Office Order No. 102 of 2018 dated 3rd July 2018 ordered the transfer and posting of several officers in the grade of Joint Commissioners of Income-tax with immediate effect and until further orders
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