Include Advocates as Advisors In GST Council & CPC : ATL

Association of Tax Lawyers (ATL)has requested Prime Minister of India For Induction of Tax Advocates As Advisors In GST Council, CPC Processing Center Banglore & CPC E-Filling (Vaishali Ghaziabad).

ASSOCIATION OF TAX LAWYERS (Regd.-Delhi)

TO,

THE HON’BLE PRIME MINISTER OF INDIA,
SOUTH BLOCK, RAISINA HILL,
NEW DELHI — 110011

REPRESENTATION

REQUEST FOR INDUCTION OF TAX ADVOCATES AS ADVISORS IN GST COUNCIL, CPC PROCESSING BANGALORE & CPC E-FILLING, VAISHALI, GHAZIABAD

Hon’ble Sir,

The entire tax fraternity applauds the steps being taken by the Government from time to time under your dynamic leadership in reforming the Taxation Laws. This shows the positive and bold intention of the Government to dream for and strive forward for a better India. But there are always chances for further improvements for removing the deficiencies which are experienced while implementing the reformative steps. The implementation always point out the lacunae and scope for further improvements in certain areas which is natural and we all must work hard to give best to the nation. It is not just the responsibility of the Government and bureaucrats but also of the citizens of this country, specialized in their respective fields to put their contribution for improving the system, and in the field of taxation it is the responsibility of Tax Advocates to contribute their part.

TAX ADVOCATES: SPECIALIZED IN THE TAX LAWS

We the Tax Advocates from Association of Tax Lawyers (ATL), New Delhi bring to your kind notice the hardships being faced by the common tax payers as well as the tax professionals both in the field of GST and Income Tax respectively. While it is very important to applaud the government for good steps but it is equally important to point out the scope of improvement in all these developments. The Advocates who are purely dealing in the Taxation side are lakhs in number and are effected due to lacking in the GST Laws as well as Income Tax Portal, Faceless Assessment & Appeals in the Income Tax. The Advocates are self employed and they are earning through their hard working day & night. Now-a-days the new qualified Law students are not interested to join the Taxation field in the present scenario.

INDIFFERENT ATTITUDE OF THE GOVERNMENT

The hundreds and thousands of representations have been send by different tax associations from all over India but most of these suggestions remain unattended. This is so disappointing when our valid points are not considered and even no communication is received as to why these suggestions are not considered. It gives an impression as if nobody is interested to accept our suggestions. The positive thought and suggestions are not considered and rejected without any proper reasoning. In this kind of a situation, the tax professionals are at loss as to whom they should approach for finding suitable solution to the problems faced by them. There are still intricate issues of interpretation of HSN, amendments, rectifications, higher interest rates, negative tax liability etc. We all have seen the fate of GST law in which tax payers and tax professionals suffered a lot. Although the same was implemented with so much zeal but as the GST Law was full of flaws, government had to issue hundreds of notifications, press releases and circulars to amend the short comings after receiving a lot of suggestions. The unhappiness & frustration is creeping and the song “JAYEN TOH JAYEN KAHAN, SAMJHEGA KAUN YAHAN DARD BHARE DIL KI JUBAN” fully fits into the present situation. The happiness level amongst tax professionals is going down day-by-day and India is lagging behind in the world in the happiness index of its citizens.

Similarly the problems faced at the hands of CPC processing Bangalore and CPC E- filling Vaishali, Ghaziabad especially when new income tax portal has proved to be a big failure, it is necessary to think of some innovative idea so that early solutions to any problems faced by the taxpayers may be provided. There are issues relating to CPC E-filing, non-availability of window/ helpdesk at CPC processing, Bangalore have not been considered inspite of repeated request. There are many problems in processing of income tax returns resulting in withholding of refunds for very long time and tax payers & tax professionals are at loss as to what to do?

NECESSITY OF TAX ADVOCATES IN TAX POLICY MATTER

But we all know the positive attitude of your good self and we are hopeful that our suggestions will be considered in a positive way. Hence, we have come up with an idea that Tax Advocates from each Zone may be inducted in GST Council, CPC processing Bangalore, CPCE-filling Vaishali, Ghaziabad or any other body where policy decisions are taken for making law and these professionals shall be considered on merit. This will make your dream and words true as to “SABKA SATH SABKA VIKAS”. Had the Tax Lawyers who have good standing at ground/Technical level and at higher level with good knowledge of Tax law been involved in the law making process the results would have been better. But it is never too late and the tax advocates must be considered for inclusion in these bodies so that good, sound and stable laws may be given to the taxpayers of this country so as to facilitate the ease of doing business.

PRAYER

We, all know the busy schedule of your good self but we are also sure and confident that the this representation will catch your eye and our suggestions will be considered positively for inducting Tax Advocates in the respective bodies mentioned above.

It is also humbly requested to give time to us for personal hearing to apprise your good self the problem faced and road map for achieving the desire results of giving the tax payers and tax professional’s good and stable laws. Hoping positive from your side.

Thanking You,

Dated: 22-10-2021

Yours sincerely,

Rupender Kansal
Advocate
(National General Secretary of ATL)

CC: To Union Finance Minister of India

To Chairman CBDT New Delhi

To Chairman CBIC New Delhi

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