The CBDT has issued a directive dated 21st July 2017 in which it has called for the names of defaulters as on 31st March 2017 where the undisputed demand exceeds Rs. 1 crore. The names of these defaulters will be made public as per the CBDT’s policy of ‘name and shame’. The CBDT has directed that notice for publication of the name must be given to the assessee.
Is it necessary to call such reports? Don’t they have the Dossier reports under this category with them? It is only to be-fool the higher ups and the ministry. When they had the data with them calling for the same is for any one’s guess.
Around 50 % high pitch assessments are deleted by first appeal and 80 % in second appeal. If such assessments are carried out who are at shame or whom to blame ?
I would agree people should also be compensated and irresponsible officers should be blamed and fined
If the AO’s order is reversed /quashed in appeal/other proceedings, will the AO/CIT will also be named& shamed?And, will the Dept compensate the assessee for loss of reputation/business impact of such erroneous publications? Is it not vulnerable to constitutional challenges?
The article very clearly states ‘undisputed demand’
Undisputed character can be due to a variety of reasons- ignorance or fear of harassment or costs,a contrary judgement of the jurisdictional court etc . All these can contribute to exercising a choice-not disputing.
As the CBDT always maintains “acceptance of/not disputing a judgement in tax payer’s favour” does not mean anything- the order was right or wrong….. Naming/shaming by the sovereign administrator is a permanent irreparable blow & slur on reputation& may impact business prospects for ever;Even a subsequent payment can never “rectify” the situation back..So a lot of caution is needed on the part of the CBDT in exercising this extra ordinary power .Some of the officers are not unknown to be instantly trigger-happy, without accountability especially due to fear of CAG , CVC,PAC etc. So, an independent judicial body needs to be involved in exercising this unusual “civil shaming” process
Can this ‘name & shame’ policy be extended to your officers as well who do not pass rectification orders, refunds and the likes where a genuine taxpayer’s interest is badly affected for years on.
Even the regime under PM NAMO & FM Jaitely has not changed even a bit although 3 years of their governing has elapsed.
It seems no one bothers about general tax payer. Vande Maataram.