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

With a view to implement Circular No. 21/2015 dated 10th December 2015 issued by the CBDT (which states that even pending appeals of the department with a monetary tax effect of Rs. 10,00,000 or less should be withdrawn/ not pressed), Hon’ble Justice (Retd) Dev Darshan Sud, President of the ITAT, has issued a notice dated 14.12.2015 requesting all representatives to furnish a list of departmental appeals where the tax effect does not exceed the monetary limit of Rs. 10 lakhs and which are covered by the said Circular. It is stated that all possible efforts should be made to furnish such information containing requisite details, viz., appeal number, date of filing, name of the assessee etc. in the office of the Assistant Registrar (Judicial) as expeditiously as possible, preferably by 18th December, 2015

The CBDT has issued Notification No. 90/2015 F.No. 142/7/2014-TPL dated 14.12.2015 by which it has amended the Safe Harbour Rule specified in Rule 10D(2A) and specified the information and documents required to be maintained by an eligible assessee

The Central Bureau of Investigation (CBI) has made the grim announcement that a high-ranking Joint Commissioner of Income-tax in Mumbai has been arrested for demanding and accepting a bribe of Rs. 5 lakh from a real estate developer for not initiating action and ‘settling’ an income tax matter. The officer was earlier accused by the authorities of not only “causing loss of revenue but was playing mischief with assessment records by manipulating, back dating order sheet entries, after passing assessment orders

The CBDT has, as a measure for reducing litigation, issued Circular 21/2015 dated 10.12.2015 increasing the monetary limits for filing of appeals by the department before the ITAT and High Courts and SLP before the Supreme Court. The notable aspect is that the CBDT has directed that the said instruction shall apply retrospectively to pending appeals and that all appeals below the specified tax limits should be withdrawn/ not pressed. However, appeals before the Supreme Court are to be governed by the limits operative at the time that the appeal was filed

Pursuant to the CBDT’s directives regarding ‘Paperless Assessment Proceedings‘, ‘E-Sahyog Project To Avoid Physical Presence Of Taxpayers During Assessment‘ and ‘Redressal of grievances received from Taxpayers by email at Aayakar Sampark Kendra‘, the CBDT has issued a Notification dated 02.12.2015 by which it has amended the Income-tax Rules, 1962 to provide that for purposes of section 282(1) of the Act, service of notice, summons, requisition, order and other communication may be done by email

The CBDT has issued a directive dated 02.12.2015 stating that as on 01.11.2015, there were 2.07 lakh returns involving refund claims of Rs.659 crore for AY 2013-14 and 12.90 lakh returns involving Rs.4,837 crore for AY 2014-15 which are still pending for processing and issue of refunds. These returns have not been selected for scrutiny under CASS. It is stated that while reviewing the pendency of refunds, the Revenue Secretary has directed that refunds in respect of cases not selected under CASS and involving refund of less than Rs.50,000 for the assessment years 2013-14 and 2014-15 may be issued as early as possible. Based on this directive, the CBDT has “requested” the Chief Commissioners to “kindly advise” assessing officers to expeditiously process and determine refunds in non-CASS cases having claim of refund of less than Rs.50,000 and issue the same as early as possible. Whether the Assessing Officers will obey the directives of the Revenue Secretary and of the CBDT requires to be seen

The CBDT has issued Circular No. 20/ 2015 dated 02.12.2015 in which it has explained the entire law relating to the obligation of employers to deduct income-tax from the payment of income chargeable under the head “Salaries” during the financial year 2015-16 under section 192 of the Act and Income-tax Rules, 1962

P Chidambaram, eminent senior advocate and former Finance Minister, has alleged that the raids conducted by the Income-tax department on Advantage Strategic Consulting Pvt Ltd and Vasan Eye Care, companies said to be connected to his son, Karti Chidamabaram, is a “malicious onslaught” by the Government on him. In reply to the allegations, the CBDT has issued a press release dated 01.12.2015 stating that the search action was based on “credible information of tax evasion and large scale financial irregularities” committed by the group. It is also claimed that “certain incriminating evidence indicative of tax evasion and financial irregularities have been recovered during the on-going investigation”. The CBDT has also clarified that there is no collateral purpose behind the search action and that no political person or his family member have been targeted

The CBDT has announced that Ms. Anita Kapur, former Chairperson, Central Board of Direct Taxes, who retired from government service on 30.11.2015, has been appointed ‘Adviser on Tax Reforms’ on contract basis with effect from 01.12.2015 for a period of six months or earlier, as may be decided by the Government. Her terms of reference are set out