The CBDT has issued a Circular No. 10/DV/2013 dated 15.12.2013 in which it has analyzed the controversy created by recent judgements on the question whether the term “payable” in s. 40(a)(ia) includes the amounts that have already been paid during the year or it refers only to the amounts outstanding as at the year end. It is noted that while the Special Bench of the Tribunal in Merilyn Shipping 136 ITD 23 (SB) and the Allahabad High Court in Vector Shipping has taken the view that the disallowance in s. 40(a)(ia) does not apply to amounts that are already paid, a contrary view has been taken by the Calcutta High Court in Crescent Export Syndicate/ Md. Jakir Hossain Mondal and the Gujarat High Court in Sikandarkhan Tunvar
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Justice D. Y. Chandrachud Appointed Chief Justice Of The Allahabad High Court
We are pleased to report that Hon’ble Justice Dr. D. Y. Chandrachud has been appointed Chief Justice of the Allahabad High Court with effect from the date he assumes charge of his office
High Court Lays Down Criteria For Designation Of Advocate As ‘Senior Advocate’
The Madras High Court has, with a view to bringing in transperency and objectivity to the selection process for designation of an advocate as a “senior advocate” under section 16(2) of the Advocates Act, 1961, issued Notification No. 298/2013 dated 24.10.2013 setting out the criteria for the designation
Constitution Of The Tax Bench In The Delhi High Court w.e.f. 01.07.2013
Constitution Of The Tax Bench In The Delhi High Court w.e.f. 01.07.2013
Change In Constitution Of Bombay High Court’s Tax Bench w.e.f. 24.06.2013
Change In Constitution Of Bombay High Court’s Tax Bench w.e.f. 24.06.2013
Constitution Of The Bombay High Court’s Tax Bench w.e.f. 10.06.2013
Constitution Of The Bombay High Court’s Tax Bench w.e.f. 10.06.2013
Constitution Of The Bombay High Court’s Tax Bench w.e.f. 08.04.2013
Constitution Of The Bombay High Court’s Tax Bench w.e.f. 08.04.2013
No Revival Of PSU Litigation After COD Rejection: Cabinet Secretariat
The Cabinet Secretariat has issued an important Office Memorandum dated 04.02.2013 pointing out that after the disbanding (pursuant to the judgement of the Supreme Court in Electronics Corporation vs. UOI 332 ITR 58(SC)) of the Committee on Disputes set up to give clearance for litigation between Govt. Departments and PSUs, an attempt had been made by some Govt. Depts/ PSUs to revive the litigation even where the COD had earlier rejected clearance. The Cabinet Committee has now directed that cases where the COD had earlier rejected clearance for litigation should NOT be revived. It has also threatened that violations will be viewed seriously and may attract disciplinary action
CBDT (Again) Takes Stern View Over Delay In Filing SLP In Supreme Court
Pursuant to the strictures passed by the Supreme Court in DIT vs. Citibank N.A. over the delay in filing SLPs, the CBDT has issued a letter dated 04.02.2013 in which it has pointed out that even after conveying the concern of the Board over the inordinate delay in receiving SLP proposals, about 50% of the proposals are received late. The Board has now directed that in cases where the SLP proposals are sent late, the CCIT/DGIT should fix responsibility for the delay and the name of the officer(s) concerned should be specified in the proposal itself
CBEC Circular On Recovery Dated 01.01.2013 & Connected Legal Developments
CBEC Circular On Recovery Dated 01.01.2013 & Connected Legal Developments
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