evasion

The Centre has suggested setting up a common dispute resolution scheme for settlement of cases in the proposed goods and services tax (GST). It is also suggesting sharing of service centres between the Centre and states, besides common registration facilities for traders. "It is proposed to prescribe a common registration form, common registration number, common return format, common service centres for acceptance of registration applications and return for Central GST .. Full Article

The commercial taxes department has conducted 298 raids from April to November this year. These statistics were placed before the House by chief minister Digambar Kamat, who holds the finance portfolio, during Question Hour on Thursday. The additional tax collected from these raids are: Value Added Tax (VAT) from hotels -Rs 27.16 lakh; VAT from others-Rs 141.33 lakh; luxury tax from hotels-Rs 51.31 lakh, and entertainment tax from casinos - Rs 2.83 crore. Full Article

The Supreme Court held in Poolpandi that a person being interrogated under Section 14 of the Central Excise Act or under Section 108 of the Customs Act is not an accused nor can he plead that there is a possibility of being made an accused in future. Hence, he has no right to ask for his advocate presence during enquiry. The whole logic of this judgment fails when the first question is asked from a person summoned, an answer of which is likely to implicate the person sum.. Full Article

CIT vs. Exide Industries (Supreme Court) S. 43B (f) was inserted by the Finance Act, 2001 w.e.f. 1.4.2002 to provide that any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee shall be allowed as a deduction only in the year of actual payment. The [...] Full Article

SUMMARY OF CASE LAW Section 139(5) has not been enacted for providing an escape route to the assessee when he is caught in the penal provisions relating to evasion of tax and AO is in the process of collecting evidence to nail him down; it is not the intention of law to give a right [...] Full Article

The party could end soon for domestic and multinational companies that do tax planning only to avoid paying taxes in India. The government is set to usher in the next stage of reforms in taxation, framing anti-abuse rules that will empower tax authorities to lift the corporate veil and look for what are called `avoidance’ [...] Full Article

SUMMARY OF CASE LAW It is not the mandate of section 132 or any other provision in the Act that the reasonable belief recorded by the Designated Authority before issuing the warrant of authorization must be disclosed to the assessee; where the information is that the tax due to the revenue has been evaded by [...] Full Article

The CBI on Wednesday raided 1979 batch income tax commissioner Lov Saxena for allegedly amassing wealth disproportionate to his income. Agency officials claimed that a number of plots and flats were found in the names of Saxena’s family members in Delhi and NCR. Saxena was earlier in the limelight because of the order he had [...] Full Article