Hon’ble PC Mody, the Chairman of the CBDT, has taken a stern view regarding the lackadaisical attitude of the department in the matter of addressing grievances of the taxpayers. He has pointed out that the rights and dignity of the taxpayer have to be safeguarded while enforcing higher standards of accountability on officers and staff. He has directed the senior officers of the department to personally ensure that all grievances of taxpayers are satisfactorily addressed in a timely manner.
P. C. MODY
Chairman, CBDT &
Special Secretary to the Government of India
GOVERNMENT OF INDIA
Ministry of Finance/Department of Revenue
Central Board of Direct Taxes
North Block. New Delhi – 110001E·mail: chairmancbdt@nic.in
Tele : 23092648 &Telefax : 23092544
New Delhi, 21st June, 2019
Sub. : Timely and proper redressal of Public Grievances
As you all are aware, Grievance Redressal is a major aspect of the department’s public relations exercise as also one of the primary focus areas of the Government and it is monitored at the highest level. It is important for safeguarding the right s and dignity of the taxpayer on one hand while enforcing higher standards of accountability on officers and staff at the other.
2. It has been re-iterated from time to time through written and verbal injunctions that all the Pr. Chief Commissioners. Chief Commissioners I Director Generals and their subordinate officers shall ensure that grievance redressal is one of their focus areas. It has also been conveyed that the senior officers shall personally monitor specified number of grievances and will ensure that the same are resolved in their Regional Charge within the prescribed time of 30 days. In almost every
video-conference the issue of expeditious resolution of grievances is also being highlighted by the Board.
3. However. inspite of all these efforts by the Board it is seen that the total number of pending grievances on CPGRAMS as on 20.06.20 19 is 2647 out of which 885 grievances are pending for more than 30 days. Likewise 34026 cases of e-Nivaran are still pending for resolution. These figures are a cause of serious concern and point to a lackadaisical attitude in the effective redressal of the grievance by the concerned authority.
4. Therefore. 1 would like you to ensure that all officers under your jurisdiction are directed to take requisite steps so as to reduce the avenues of grievances. Necessary steps must also be taken to redress all cases of CPGRAMS pending for more than 30 days. All e-Nivaran cases must also be resolved in a systemic manner adhering to the given time lines.
Yours
(P. C. Mody)
All Pr. Chief Commissioners of Income Tax/
Pr. Directors General of Income Tax
When an apartment sold after holding it for more than 5 years and sold it.
Deposited LTCG- deposits entire sale proceed
Since no proper made in between the incomtax on LTCG workedout on the INDEXATION purchasevcost after deducting it from sale proceeds
Since taxes paid for want of closing of LTCG deposits in a nationalized bank requested bank to close it.
Instead of banjos supposed to take NOC as a depositor asked the income tax assessing officer.
On receipt of rrequest application the assessing office didn’t provide any help nor NOC asked far.
Buy on the other hand lot of documets were collected and even after collecting information the officer didn’t provided NOC and in time and again frequently asked documets on pretending that earlier documents were misplaced etc this exercise was going on 4-6 months and at the end of the evening, the department issued notices on different sections reopening the 4 years prior period cases and instead of giving NOC where the assessee money was in block for more than a year and unable to understand.
The assesse salary employee and paying honestly all the taxes and filed the returns metacolusily without seeing any CA OR ADVOCATE OR CONSULTANT as there charges are high etc..
Now coming to the point reopening,
Just merely Bassed on assessee’s On the application for NOC to close LTCG
THE ACIT REOPENING the assessment just for the reason that income escaped to declared in the return, where as in the return every income
Salary income declared. Tax also paid
Housing property income declared – tax also paid on the INDEXATION cost since property sold was more 4-5 years old fully eligible for LTCG only both UDS land and construction of apartment.
Apartment construction cost not registered since there is no practice generally in Bangalore and there is no provision to register under karnataka state stamp act and more over its first sale where originally bought in 2010.
Only in resale of property full value to be registered and buyer who ever bought the apartment paid stamp duty as a whole on the sale consideration.
In this case there cannot be land to be registered as LTCG and allowed and apartment not allowed for LTCG just because not registered.
Anyother rules or act comes effect newly added in finance bill 2018 on transfer pricing , or JDA transaction between landowner and developer builders, any other heigher courts, Hon’ble SUPREM COURTS ruling setlled case laws on the matters of after 2016-17 etc cannot be considered to be applicable in the matter pertains to the year original purchase of apartment by the assessed in 2010 or to the year 2015, when the property resold by assessee to the second buyer.
Since voluntarily paid the tax on LTCG on indexation cost if anything wrong in calculation methodology let the ACIT comput the tax as per the law and in case if the tax computed is zero and no tax to be paid let ACIT Order for refund of excess tax deposited by assesse in govt revenue along with the interest as applicable till the date of actual refund to be sanctioned.
However the LTCG deposit cannot be considered to blocked for life long time because of the inflation the original face value of deposits getting lowered day after day just because of ACIT delays in issuing NOC to close the LTCG deposit account opend in nationalized bank just for the reason that it is allowed as per income tax act and rules and everyone whoever deposits are easily also to withdraw the LTCG deposit where in the income tax department follows any of such rules hard and fast
With the prevalent culture of tax evasion it is not known how many grievances are real.
USELESS TOTALLY USELESS.
Civil Court Verdicts On Rights & Title Of Litigants Binding On Revenue Authorities: Bombay HC [Read Judgment] https://www.livelaw.in/news-updates/civil-court-judgments-binding-on-revenue-authorities-145877
The issues involved are covered in the said case cited. Are decided by the supreme court and jurisdictional high court
On the nizam group of cases a grievance petition was filed as early as 1995
Till date the grievance is not settled despite orders from
The Supreme court. High court
The authorities just not borhered
wHILE TERRORISING TAX PAYERS TO PAY TAXES DISPUTED IN APPEAL , NO ONE BOTHERS TO GIVE EFFECT TO APPELLATE ORDERS AND ISSUE REFUNDS OF THE TAXES COLLECTED BY FORCE, THREAT, AND COERCION.
The Classic case is the case of the Nizams Jewelry trust
The trust is entitled to croresof Rupees in refund. The dept is scared of issuing the same as. The officers who deliberately did not issue are likely to face the wrath of the CBDT
They also mislead the parliament when questions were asked
Lets see how it plays out
CBDT needs to understood that holding refunds to show better collection taxes, not giving appeal effect in time
The. CBDT is sleeping for over 24 years over a grievance petition filed
Let them first show who is the boss