tax appeal

All about Appeals and Review Mechanism under GST

Goods and Services Tax - GST being implemented in our country is a dual GST i.e. to say every supply attracting the levy will be leviable to both Central tax and State tax. So does this mean that if a taxpayer is aggrieved by any such transaction, he will have to approach both the authorities for exercising his right of appeal? The answer is a plain NO....

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Tax Effect to determine maintainability of appeals filed for MAT Companies

Goods and Services Tax - The CBDT vide Circular No. 21 of 2015 dated 10.12.2015 defines ‘Tax Effect’ for the purpose of filing departmental appeals ( Income tax Matters) before Appellate Tribunal (ITAT), High Courts & Special Leave Petition before the Supreme Court. Further, Appeals / Special Leave Petitions shall not be filed in cases where the tax effec...

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How to opt for Online Assessment and Submit Online response

Goods and Services Tax - Presently, notice u/s 143(2) is generated by CASS in ITBA. Also, AO issues the statutory notice including notice u/s 142(1) with Questionnaire of the IT Act 1961 from the ITBA assessment module to the assessee’s designated email ID. Similarly, there are many proceedings of the Income Tax Act which require notice or correspondence betwee...

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Monetary Limits for Adjudicating Authorities under Excise & Service Tax Laws

Goods and Services Tax - 1. Introduction 1.1 The CBEC by issuing Circulars / Instructions has prescribed monetary limits, normally in terms of amount of duty involved, for different adjudicating authorities for the purpose of issuance and Adjudication of Show Cause Notices. For the purpose of convenience of departmental officers, the instructions/Circulars on the...

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All about Principles of Natural Justice

Goods and Services Tax - In this E-book, attempts have been made to explain the Principles of Natural It is expected that it will help departmental officers in their day to day work....

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Report on Filing of Appeals by Income Tax Department

Goods and Services Tax - The suggestions of Committee to Study Appellate Orders to Examine Filing of Appeals by Income Tax Department before Various Forums are based upon: i) Analysis of actual data collected by the Committee ii) Interaction with the officers of the Income Tax Department iii) Study of the Global Best Practices....

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Response to Common queries of CIT(Appeals) – reg.

Goods and Services Tax - There is no functionality in the code of the CIT(A) to transfer the appeals on system after the same has been physically transferred...

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Hardship faced while e-Filing of CIT(Appeals) in From No. 35

Goods and Services Tax - In view of the Notification No. 11/2016 dated 1.3.2015 of CBDT, e-filing of appeal with CIT(A) in Form No. 35 is made mandatory. However, it alleged by the Federation that there was a technical problem in filing of appeal and also in obtaining acknowledgement of filing of appeal and therefore, the assessees file the appeal manually whic...

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ITAT directive on Adjournment requests & Covered appeals

Goods and Services Tax - Representatives of our Bar Association have had a meeting with the Hon’ble President of the Tribunal. On a representation made by us, the Hon’ble President has readily acceded to our request that during the month of May, a lenient view may be taken as regards requests for adjournments....

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Download New Form 35 of Appeal with CIT in Excel Format

Goods and Services Tax - In a case where the assessee has the option to furnish the return of income in paper form as per notified Rule 12 of Income Tax Rules, Form 35 may be filed in Paper Form to Jurisdictional CIT(Appeals). For easy filing of details in new Form 35, New Form 35 in Excel Format is prepared for use by all stakeholders. To download the same, plea...

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Reopening is invalid when there is no direct nexus between material gathered & formation of belief of income escaping assessment

C.M Mahadeva Vs CIT (Karantaka High Court) - The Hon'ble Karnataka HC in the above cited case held that there must be a direct nexus between the material coming to the notice of the Income-Tax Officer and the formation of his belief that income has escaped assessment....

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If the search warrant is in joint names, an assessment in individual capacity is void

CIT (Central) Vs Smt. Vandana Verma (Allahabad High Court) - As the search warrant was issued in the joint names of the assessee and her spouse, it means that the officer had reason to believe that the undisclosed assets and income were held jointly. If so, it is not open for the AO to assess the assessee individually on the basis of the assets and documents ...

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Non-reference by ITAT of cited judgements is not an apparent mistake : Madras HC

M/s. Visvas Promoters P Ltd. Vs. The Assistant Commissioner of Income Tax (Madras High Court) - The assessee claimed deduction u/s 80-IB (10) which was rejected by the AO but allowed by the CIT (A). On appeal by the department, the Tribunal ruled against the assessee and held that it was not eligible for deduction. The assessee filed a MA u/s 254 (2) pointing out that it had cited a judgement ...

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High Court has no power to condone delay in filing the appeal

CIT Vs. Mohd. Farooq (Allahabad High Court) - S. 260A permits the filing of an appeal to the High Court within 120 days. In CIT vs. Velingkar Brothers 289 ITR 382 (Bom) (FB), The Full Bench held that the Court had power to condone delay u/s 260A. However, in Hongo India 236 E.L.T. 417 and Chaudharana Steels 238 E.L.T. 705, the Supreme Court hel...

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Activities related to freight forwarding cannot be brought under CHA Services

DHL Lemuir Logistics Pvt. Ltd. Vs Commissioner of Service Tax (CESTAT Bangalore) - We are of the considered opinion that the activity relating to one of the categories could not be subjected to service tax under other category. In other words, the activities relating to Freight forwarding cannot be thought under CHA. The appellants had clearly explained the nature of the charges c...

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EVC for e-filed Form 35 of Appeal to Commissioner (Appeals)

Notification No. 5/2016-Income Tax - (06/04/2016) - The manner of furnishing the new Form No. 35 has been prescribed by sub-rule (2) of rule 45. Sub-rule (5) of rule 45 empowers the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) to (i) specify the procedure for electronic filing of Form No. 35 and d...

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Policy of fixing new appeals on 60th day of its filing dispensed with due to increased pendency at Delhi Benches

Income tax Note - (21/01/2013) - ITAT's note on department's General Grievances in the matter of representation and adjudication of cases fixed before each bench of ITAT Delhi NOTE, dated 21-1-2013 The CIT-DR (Admn.), vide letter dated 27th December, 2012, (Annexure) has expressed their grievance with regard to cases fixed before...

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Recent Posts in "tax appeal"

All about Appeals and Review Mechanism under GST

GST being implemented in our country is a dual GST i.e. to say every supply attracting the levy will be leviable to both Central tax and State tax. So does this mean that if a taxpayer is aggrieved by any such transaction, he will have to approach both the authorities for exercising his right of appeal? The answer is a plain NO....

Read More
Posted Under: Income Tax |

Tax Effect to determine maintainability of appeals filed for MAT Companies

The CBDT vide Circular No. 21 of 2015 dated 10.12.2015 defines ‘Tax Effect’ for the purpose of filing departmental appeals ( Income tax Matters) before Appellate Tribunal (ITAT), High Courts & Special Leave Petition before the Supreme Court. Further, Appeals / Special Leave Petitions shall not be filed in cases where the tax effec...

Read More
Posted Under: Income Tax |

How to opt for Online Assessment and Submit Online response

Presently, notice u/s 143(2) is generated by CASS in ITBA. Also, AO issues the statutory notice including notice u/s 142(1) with Questionnaire of the IT Act 1961 from the ITBA assessment module to the assessee’s designated email ID. Similarly, there are many proceedings of the Income Tax Act which require notice or correspondence betwee...

Read More
Posted Under: Income Tax |

Report on Filing of Appeals by Income Tax Department

The suggestions of Committee to Study Appellate Orders to Examine Filing of Appeals by Income Tax Department before Various Forums are based upon: i) Analysis of actual data collected by the Committee ii) Interaction with the officers of the Income Tax Department iii) Study of the Global Best Practices....

Read More
Posted Under: Income Tax |

Response to Common queries of CIT(Appeals) – reg.

There is no functionality in the code of the CIT(A) to transfer the appeals on system after the same has been physically transferred...

Read More
Posted Under: Income Tax |

Monetary Limits for Adjudicating Authorities under Excise & Service Tax Laws

1. Introduction 1.1 The CBEC by issuing Circulars / Instructions has prescribed monetary limits, normally in terms of amount of duty involved, for different adjudicating authorities for the purpose of issuance and Adjudication of Show Cause Notices. For the purpose of convenience of departmental officers, the instructions/Circulars on the...

Read More
Posted Under: Income Tax |

All about Principles of Natural Justice

In this E-book, attempts have been made to explain the Principles of Natural It is expected that it will help departmental officers in their day to day work....

Read More
Posted Under: Income Tax |

Mandatory Pre-deposit before filing Appeals in Central Excise/Customs/Service Tax cases

In this E-book, attempts have been made to explain the provisions relating to mandatory pre-deposit for filing of appeals in Central Excise/ Customs/ Service Tax before different appellate forums. It is expected that it will help departmental officers in their day to day work....

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Posted Under: Income Tax |

Monetary Limits to File Appeal in Tribunal/ High Court & supreme Court in Indrirect Tax Cases

Article explains revised Monetary Limits for Filing Appeal in the Tribunal/ High Courts and the Supreme Court in Customs, Central Excise and Service Tax....

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Posted Under: Income Tax |

Appeals Before Commissioner (Appeals) in Excise /Customs/Service Tax

In the Indirect Taxation, both assessee and department have been conferred with a right of two or three stage appellate remedies. Against the orders passed by the officers who are lower than the rank of Principal Commissioner of Central Excise/Customs/Service Tax or Commissioner of Central Excise/ Customs /Service Tax, the first appeal li...

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Posted Under: Income Tax |
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