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The above four appeals filed by the Revenue, for assessment years 2002-03 to 2005-06, are directed against the common order dated 27-5-2008 passed by the ld. CIT(A)-VIII, Chennai. In all these appeals almost identical issues are involved, therefore, for the sake of convenience and brevity, we are deciding them by a common order.
An Income-Tax appellate authority here has upheld the order of Central Public Information Officer (CPIO) not to provide a copy of NHRC chairperson and former CJI K G Balakrishnan’s I-T returns to an RTI applicant. Disposing off an appeal by the RTI applicant, the authority said that to provide a copy of IT return to the appellant either he should be able to establish a “larger public interest” or there should be no objection from the former CJI.
Exchange traded derivative transactions carried on by the assessee during AY 2003-04 are speculative transactions covered under Section 43(5) of the Act and the loss incurred in those transactions are liable to be treated as speculative loss and not business loss. We further hold that clause (d) inserted to the proviso to Section 43(5) with effect from 1/4/2006 is prospective in nature and the ITAT was in error in holding that clause (d) to the proviso to Section 43(5) applied retrospectively so as to apply to the transactions carried on by the assessee during AY 2003-04. CIT vs. Bharat R. Ruia (Bombay High Court)
Income Tax returns 2011 – Only Colour Forms; No Black and White – FOR the new Income Tax returns, No Black and White forms will be accepted and only standard forms with appropriate colors prescribed, fonts used, paper size, paper quality, Bar Code Values will be accepted by the department .
“I-T department will review the property deals in Delhi and take action in appropriate cases,” Central Board of Direct Taxes chairman Sudhir Chandra told reporters here, adding that these reviews will include both individual and corporates property deals in Delhi and the National Capital Region (NCR – Noida, Gurgaon).
While CBDT made its stance of wielding the stick for tax evades clear, it also had some goods news for the honest taxpayer. Chandra assured taxpayers that if they filed e-returns, refunds could come within a month as most of the backlog had been cleared.
The Government of India has created 12 posts of Income Tax ombudsman at 12 stations namely New Delhi, Mumbai, Chennai, Kolkata, Bangalore, Hyderabad, Ahmedabad, Pune, Lucknow, Chandigarh, Bhopal and Kochi under the Income Tax ombudsman Guidelines 2010.
After having made 8.23 lakh refunds already in the first half of this month, the Income Tax Department on Monday said it will settle all the pending claims in April itself. Refunds of Rs 78,000 crore to about 85 lakh assesses were made in 2010-11. In the first half of April, the I-T Department refunded Rs 6,183 crore to 8,23,101 assesses, Chairman of Central Board of Direct Taxes (CBDT) Sudhir Chandra told reporters here.
CBDT has also lauded the Mumbai IT department on April 19, which released a book aimed at plugging tax avoidance or evasion techniques by India Inc. The CBDT has further indicated that pending corporate refunds are no longer a matter of concern.
The Finance Ministry favours re-negotiation of the tax treaty with Mauritius so that India could have access to banking details, besides tax-related information. With a view to prevent generation of black money and stop re-routing of funds through Mauritius, the Finance Ministry has recently asked the Ministry of External Affairs to tighten the Double Taxation Avoidance Agreement (DTAA) between the two countries.