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Against orders passed by officers, who are lower than the rank of Principal Commissioner /Commissioner of Central Excise /Customs /Service Tax, the first appeal lies to the Commissioner (Appeals) and there from, appeals lies either to Joint Secretary ( Revision Application) or CESTAT, as the case may be.
In this article, attempts have been made to explain some basics about how to draft a good Show Cause Notice (SCN).
In this article, attempts have been made to explain and provide some basics about Drafting of Adjudication Order
STRATEGY FOR APPELLATE FUNCTIONS 1. In accordance with the mandate of national litigation policy, 2010 several steps to reduce litigation have been taken by the Board, with the result, the pendency of appeals with ITAT has significantly been reduced. However, the pendency of appeals with the CIT(Appeals) has been incrementally increasing over last 5 years. […]
The Income Tax Act, 1961can be designated as perhaps one of the most debated, mannered, contested, and deliberated legislative code on tax measures,whose many provisions saw the ray of light and shade ever since thrown open to the judicial scrutiny. Since the taxing straw is dealt with the warmth of ex-cathedra vigour by the authorities concerned blended with the soul of judicial character accompanied by ensuring a chilling effect on the interpretation of provisions at large from assessee’s point of view
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 which was duly acknowledged.
In Continuation of my previous article on appeals to Ld. Commissioner (Appeals), Customs, Central Excise and Service Tax in case of service tax, I have complied the main provision of appeals to Hon’ble Customs, Central Excise and Service Tax Appellate Tribunal (CESTAT) in case of service tax demand in following paragraph in this article.
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.
major source of revenue to the government. Service tax being complicated on many issues and interpretation often lead to litigation. Government has also expanded the service tax department considerably to stop and find out tax evasion.
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 documents;
