Income Tax : he framework establishes that the correctness of a TRO-issued certificate cannot be disputed by the assessee. This ensures finalit...
Income Tax : Form 153 is issued when tax dues remain unpaid, triggering a 15-day deadline for payment. The key takeaway is that non-compliance ...
Income Tax : Income-tax attachments can halt business and personal finances. Relief depends on identifying the correct legal trigger and pursui...
Income Tax : This article explains how recovery notices can quickly lead to bank or salary attachments if ignored. It highlights the importance...
Income Tax : Discover the implications of sections of the Income Tax Act, 1961, and articles of the Constitution of India in tax assessments an...
Income Tax : India's tax arrears stand at ₹47 lakh crore as of Dec 2024. CBDT & CBIC are taking steps, including asset identification, litiga...
Corporate Law : CAG's audit highlights inefficiencies in recovering ₹8.5 lakh crore of outstanding income tax demands. Key issues: inflated dema...
Income Tax : KSCAA Representation regarding adjustments (over and above 20% of disputed demand) by CPC despite assessments pending before first...
Income Tax : Grievances and suggestions with respect to the functioning of Demand Facilitation Center, CPC (DFC) in connection to the outstandi...
Income Tax : The Central Board of Direct Taxes had issued directions to the field offices that taxpayers whose tax has been deducted at source ...
Corporate Law : Kerala High Court ruled tenants with separate leases can file joint SARFAESI applications, emphasizing broad interpretation of "an...
Income Tax : Explore Bhailal Babubhai Patel Vs PCIT case in Gujarat High Court. Learn why a valid show-cause notice is crucial for recovery und...
Income Tax : Delhi HC directs refund of Income Tax amount exceeding 20% of the demand. Read about the Max Life Insurance case and the decision ...
Income Tax : The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of hea...
Income Tax : Pirna Urban Co-Oeprative Credit Society Ltd. Vs ITO (Bombay at Goa High Court) The issue under consideration is the notice issued ...
Income Tax : Corrigendum to Order under section 119 of the Income-tax Act, 1961 dated 16.10.2020 for exercising power of intrusive or coercive ...
Goods and Services Tax : As we near the end of the Financial Year 2017-18, I would once again like to reiterate our need to focus on the recovery of arrear...
Income Tax : As per the Central Action Plan issued for the F.Y. 2017-18, all pending appeals having tax effect of Rs. 50 crore or more are to ...
Income Tax : On review of the progress of TDS collections it is noted that as on 31.08.2017, an amount of Rs. 1,65,114 crore has been collected...
Income Tax : A Committee of the following officers is hereby constituted to study the nature and extent of arrears of direct taxes and to sugge...
Explore the flaws in conventional coercive tax recovery measures. This in-depth analysis highlights the need for a fresh approach to tax collection in our country.
The court ordered the refund due for AY 1993-94 and 1995-96 to be granted to the assessee along with appropriate interest and also ordered a sum of INR 1.50 Lakhs to be paid to the assessee on account of inefficiency and lapse on the part of the department.
Which are the applicable sections for the purpose of recovery of GST short paid or not paid or amount erroneously refunded or input tax credit wrongly availed or utilized? Section 73 deals with the cases where there is no invocation of fraud/suppression/mis-statement etc. Section 74 deals with cases where the provisions related to fraud/suppression/mis-statement etc. are invoked.
Burden of proof in case a person claim that he is eligible for input tax credit under GST shall lie on the person who claims it. Hence an onerous duty is caste on the taxpayer to prove his credits failing which presumption of wrong availment or wrong utilization can be drawn. However in all other cases tax authorities need to prove that tax has not been paid or short paid or erroneously refunded.
Champa Devi Vs Tax Recovery Officer (TRO) (Madras High Court) In the instant case, the respondent has issued the impugned notice and the petitioner has straightaway approached this Court and filed this writ petition. In my considered view, this writ petition is not the proper remedy, which the petitioner should have availed. In this regard, it is relevant […]
As we near the end of the Financial Year 2017-18, I would once again like to reiterate our need to focus on the recovery of arrears. In my review meeting on the status of recovery of arrears, I note that as on 31st January, 2018, there is a total of Rs 11,450 crores of clearly recoverable arrears
With this common order we will dispose of the captioned applications of the assessee seeking stay for the recovery of outstanding tax demand for assessment year 2009-10 & 2013-14 respectively.
In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with the Tribunal.
M/s. Google India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The present stay petition is filed seeking further extension of the stay of demand. Admittedly there is change of the circumstances from the first stay order, since this Tribunal had disposed of the appeal involving identical issue for earlier years against the assessee. Therefore, the principle […]
As per the Central Action Plan issued for the F.Y. 2017-18, all pending appeals having tax effect of Rs. 50 crore or more are to be dispose of up to 31st December, 2017 as mentioned at Para (i) of Action Plan of chapter-III of the Central Action Plan which is reproduced as under: –
