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also directed that pending litigation with regard to recording of satisfaction note under section 158BD /153C should be withdrawn/not pressed if it does not meet the guidelines laid down by the Apex Court
Category: Supreme Court/High Court related
CBDT Accepts High Court Verdict On Non-Applicability Of TDS U/s. 194A To Interest On Court-Directed Fixed Deposits
The CBDT has issued Circular No. 23/2015 dated 28.12.2015 stating that in the case of UCO Bank (Writ Petition No. 3563 of 2012), the Delhi High Court has held that the provisions of section 194A do not apply to fixed deposits made in the name of Registrar General of the Court on the directions of the Court during the pendency of proceedings before the Court. It is pointed out that in such cases, it is not known who the beneficiary of the fixed deposits will be till the Court passes the appropriate orders in the matter. The amount and year of receipt is also unascertainable. The High Court quashed Circular No. 8 of 2011 and stated that the person who is ultimately granted the funds would be determined by orders that are passed subsequently. The Board has accepted the aforesaid judgment and clarified that interest on FDRs made in the name of Registrar General of the Court or the depositor of the fund on the directions of the Court, will not be subject to TDS till the matter is decided by the Court. However, once the Court decides the ownership of the money lying in the fixed deposit, the provisions of section 194A will apply to the recipient of the income. The CBDT has also directed that such issues should not be contested in appeal and pending litigation, if any on the issue before various Courts/Tribunals should be withdrawn/not pressed upon
CBDT Takes Note Of Strictures Passed By Bombay High Court And Sets Up Collegium To Withdraw Frivolous Appeals
The CBDT has issued an Office Memorandum dated 10.12.2015 in which it is noted that in a recent decision of the Bombay High Court (DIT vs. Credit Agricole Indosuez), the manner in which the department files appeals was termed as being “casual and callous”. It is noted that there are other cases where the ITAT and the High Courts have adversely commented on the filing of frivolous appeals by the department. The CBDT has accordingly decided to extend the Collegium system to consider withdrawal of appeals filed in the High Court which are no longer considered prosecutable. The CBDT has specified the responsibilities of the CCIT in each region and also directed that a monthly report of the progress be submitted to it
Chief Justice Of India Cracks Whip On Adjournment Culture Of Lawyers And Wants All Courts To Discourage It
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Posted in All Information, ITAT related, Others, Procedures/Guidelines, Supreme Court/High Court related
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Hon’ble H. L. Dattu, Chief Justice of India, has sent the clear warning that the prevalent adjournment culture is one of the main reasons for the huge pendency in the Courts. The Learned Chief Justice of India has asked Judges of all courts to discourage the practice of frequent adjournments sought by lawyers to ensure speedy justice. He pointed out that the practice of discouraging adjournments by the Supreme Court had increased the disposal rate of cases in the Supreme Court to an all time high. He emphasized that 83,013 cases were disposed of in 2014 at an average of 227 cases per day.
Supreme Court Judges Were Not Appointed On Merit: Ex Supreme Court Judge
Justice Markandey Katju, the retired judge of the Supreme Court, has made the shocking allegation that some judges of the Supreme Court were not appointed on merit but on extraneous considerations such as caste, nepotism etc. He has given specific instances of such alleged appointments. The learned former judge has also claimed that though he went to Justice S. H. Kapadia (not Chief Justice at that time) to object against the elevation of Justice Dinakaran of the Karnataka High Court to the Supreme Court on the ground that there were serious allegations about him, the concerns were disregarded by the Collegium and Justice Dinakaran’s name was cleared (though the appointment was later stalled owing to impeachment proceedings in Parliament).
Justice Katju has suggested that like in the USA, the interview and appointment of Judges should be televised so to prevent any skulduggery. This will ensure transparency and avoid undeserving candidates occupying high judicial positions, he says
Chief Justice Designate T. S. Thakur Is A Tax Expert & Is Well Aware Of The Functioning Of The ITAT
Hon’ble Justice T. S. Thakur, who has been nominated as the Chief Justice of India, has a very soft-spoken, polite and patient demeanour. He is, however, also firm in his approach. He is much respected by the Bar and the litigants. The ITAT Bar Association had the privilege of interacting with the learned Judge during one of his visits to Mumbai. The learned Judge was very impressed to learn of the facilities available in the ITAT Bar Library for the benefit of the professionals and the taxpayers. In particular, he appreciated the fact that the Library has all the books on taxation and general law, including several treatises on foreign taxation law. The learned judge also indicated that he had great admiration for the legal acumen of the late Shri. Nani Palkhivala and his mastery of income-tax law
Supreme Court Invites Suggestions From Public On Measures To Improve The Collegium System For Appointment Of Judges
The Supreme Court has passed an order dated 05.11.2015 in which it has noted that a number of suggestions relating to the Collegium system have already been received. However, as several parties are yet to offer suggestions, the Court has granted time till 17.00 hours on 13.11.2015 to enable everyone to offer suggestions
How To Improve Process For Selection & Appointment Of Judges To Courts And Tribunals: Suggestions By AIFTP To The Supreme Court
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Posted in All Information, ITAT related, Procedures/Guidelines, Supreme Court/High Court related, Transfers/apptts
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The AIFTP has always been at the forefront in matters relating to judicial reforms. Pursuant to the judgement of the Supreme Court in Supreme Court Advocates-on-Record Association vs. UOI striking down the National Judicial Appointments Commission Act and upholding the Collegium system of appointment of judges and inviting suggestions from all stakeholders on the measures to be taken to improve the Collegium system, the AIFTP has filed an application in the Supreme Court requesting permission to be impleaded in the matter and to offer suggestions
Former Supreme Court Judge Levels Serious Allegation Of Corruption Against Chief Justice Of India
Justice Markandey Katju, the former judge of the Supreme Court, has levelled grave allegations in his recent blog post and also given particulars of alleged incidents
The Bombay Tax Bar Is The Best Tax Bar In The Country: Hon’ble Chief Justice Mohit S. Shah
Hon’ble Shri. Mohit S. Shah, Chief Justice of the Bombay High Court, retired from judicial office on 9th September 2015. To mark the occasion and to felicitate the learned Judge, a function was organized by the Bombay Tax Bar. The function was graced by several sitting and retired judges of the Bombay High Court and also by distinguished members of the Bar.
The learned Chief Justice candidly revealed that he is fascinated by the nuances and intricacies of income-tax law and that he joined the LL.M course with the specific purpose of conducting a formal study of Nani Palkhivala’s treatise “The Law & Practice of Income-tax Law”. The learned judge also revealed that he was in awe of Nani Palkhivala’s mastery at making complex issues sound simple and that he never missed an opportunity to attend Nani Palkhivala’s speeches on the Budget Speech and that he would listen spellbound to the late Jurist.
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